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2010.09.07 CC Agenda Packet                 AGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds SEPTEMBER 7, 2010 7:00 p.m.                 Call to Order and Flag Salute   1.Approval of Agenda   2.Approval of Consent Agenda Items   A.Roll Call   B. AM-3350 Approval of City Council Meeting Minutes of August 24, 2010.   C. AM-3353 Approval of City Council Meeting Minutes of August 31, 2010.   D. AM-3352 Approval of claim checks #120864 through #120962 dated August 26, 2010 for $431,895.06, and claim checks #120963 through #121100 dated September 2, 2010 for $339,226.45. Approval of payroll direct deposit and checks #49749 through #49806 for the period August 16, 2010 through August 31, 2010 for $662,509.81.   E. AM-3348 Acknowledge receipt of Claims for Damages from Lisa Hanlon ($557.45) and from Terry Canfield ($663.79).   F. AM-3347 Interlocal Agreement with the Lake Ballinger/McAleer Creek Watershed Forum.   G. AM-3324 Proclamation declaring September "National Alcohol and Substance Abuse Recovery Month."   3. (45 Minutes) Public hearing on proposed updates to Edmonds Community Development Code Packet Page 1 of 319 3. (45 Minutes) AM-3349 Public hearing on proposed updates to Edmonds Community Development Code (ECDC) 20.15A Environmental Review (SEPA). The update is being conducted as part of the City’s comprehensive review of its development regulations. The update is being done to ensure ECDC 20.15A is consistent with WAC 197-11, WAC 173-806, and the City of Edmonds Comprehensive Plan and development regulations. This update includes proposed increases to categorical exemption flexible threshold levels for the Medical/Highway 99 Activity Center as defined by the City of Edmonds Comprehensive Plan.   4. (45 Minutes) AM-3351 Public hearing on proposed updates to Edmonds Community Development Code (ECDC) 20.15A Environmental Review (SEPA). The update is being conducted as part of the City’s comprehensive review of its development regulations. The update is being done to ensure ECDC 20.15A is consistent with WAC 197-11, WAC 173-806, and the City of Edmonds Comprehensive Plan and development regulations. This update includes proposed increases to categorical exemption flexible threshold levels for the Highway 99 Corridor as defined by the City of Edmonds Comprehensive Plan.   5.Audience Comments  (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed record Review or as Public Hearings.   6. (20 Minutes) AM-3356 Update from Planning Board on PRD/subdivision study, PRD perimeter buffer ordinance and Planning Board needs/priorities.   7. (20 Minutes) AM-3328 Continued discussion and possible action regarding a proposed “Tree Board.”   8. (5 Minutes) Mayor's Comments   9. (15 Minutes) Council Comments   ADJOURN   Packet Page 2 of 319 AM-3350   Item #: 2. B. City Council Meeting Date: 09/07/2010 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Approval of City Council Meeting Minutes of August 24, 2010. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Attachments 08-24-10 Draft City Council Minutes Form Review Inbox Reviewed By Date Mayor Mike Cooper 09/02/2010 04:11 PM Final Approval Sandy Chase 09/02/2010 04:12 PM Form Started By: Sandy Chase Started On: 09/01/2010 02:07 PM Final Approval Date: 09/02/2010  Packet Page 3 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES August 24, 2010 At 6:15 p.m., Mayor Cooper announced that the City Council would meet in executive session to discuss a pending claim/potential litigation and labor negotiation strategy. He stated that the executive session was scheduled to last approximately 45 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Cooper and Councilmembers Bernheim, Plunkett, Fraley-Monillas, Buckshnis, Peterson, Petso and Wilson. Others present were City Attorney Scott Snyder, Attorney Mark Bucklin, Human Resources Director Debi Humann, and City Clerk Sandy Chase. The executive session concluded at 7:54 p.m. The regular City Council meeting was called to order at 7:01 p.m. by Mayor Cooper in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Mike Cooper, Mayor Steve Bernheim, Council President D. J. Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember Strom Peterson, Councilmember Diane Buckshnis, Councilmember STAFF PRESENT Al Compaan, Police Chief Stephen Clifton, Community Services/Economic Development Director Brian McIntosh, Parks & Recreation Director Lorenzo Hines, Finance Director Rob Chave, Planning Manager Debi Humann, Human Resources Director Carl Nelson, CIO Debra Sharp, Accountant Rob English, City Engineer Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE AGENDA BY MOVING ITEMS 6 AND 7 TO FOLLOW ITEM 10. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Peterson requested Item F be removed from the Consent Agenda. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Packet Page 4 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 2 A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 16, 2010. C. APPROVAL OF CLAIM CHECKS #120748 THROUGH #120863 DATED AUGUST 19, 2010 FOR $868,092.51. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #49687 THROUGH #49848 FOR THE PERIOD AUGUST 1 THROUGH AUGUST 15, 2010 FOR $667,388.42. D. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES SUBMITTED BY DONNA L. BRESKE ($344.67). E. ACCEPTANCE OF LIST OF BUSINESSES REAPPLYING FOR LIQUOR LICENSES WITH THE WSLCB. G. RESOLUTION NO. 1233 – APPROVING PUBLIC PARTICIPATION PLANS FOR THE 2010 PROCESSES RELATING TO THE UPDATES OF THE STREET TREE PLAN, COMPREHENSIVE PLAN PURPOSE, EFFECT AND CONTEXT STATEMENTS, AND CAPITAL FACILITIES PLAN, ALL ELEMENTS OF THE EDMONDS COMPREHENSIVE PLAN. ITEM F: CONFIRMATION OF REAPPOINTMENT OF MARIA MONTALVO TO THE EDMONDS PUBLIC FACILITIES DISTRICT BOARD. Councilmember Peterson disclosed Maria Montalvo is his wife. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF ITEM F. MOTION CARRIED UNANIMOUSLY. 3. AUDIENCE COMMENTS Marianne Zagorski, Edmonds, Edmonds Economic Development Commission, explained in addition to the tremendous potential that fiber optics has to improve the City’s revenue stream, fiber optics will also play a crucial role in healthcare in the future. Swedish Hospital plans to invest $100 million in the coming years to upgrade services and technology; fiber optics will play a key role. The City needs to act now so that the City is ready to provide Swedish with fiber capacity when they need it. If the City is not ready, the result will be either decreased income for the City and/or a delay in high quality healthcare services resulting in the potential for increased illness and increased loss of life. She urged the Council to approve the fiber optics proposal that will be presented later on the agenda; the life they save may be their own. Natalie Shippen, Edmonds, reiterated two questions she has asked the City Council, first, what are the multimodal connections mentioned in the ferry system’s long range plan for $26 million in Edmonds to enhance multimodal connections. The City’s reply was this was a placeholder for unspecified future enhancements to multimodal connections. No specific projects have been scoped at this time. The second question, what is the one important project scheduled to be completed in Edmonds in the 2029-2031 biennium that will total $26 million. She has received no reply from the City to that question. She viewed the use of the word placeholder as a dodge rather than an answer. Edmonds and three other port towns will receive major improvements in the not too distant future of 15-20 years; the improvements in the other cities are identified: Mukilteo will relocate its terminal but not the overhead loading to a site to the north, Anacortes will replace its terminal building, Seattle will replace the north trestle, terminal building and electrical upgrades. She displayed a drawing of the Main Street ferry terminal with a second slip, one of five drawings illustrating a second slip contained in a 1994 Ferry Terminal Improvements report. She Packet Page 5 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 3 asserted the ferry system knew exactly what they planned to do and she urged the City to ask on her behalf or their own behalf what $26 million project would be constructed in Edmonds. Donna Breske, Edmonds, requested the City refund the stormwater utility fees for the undeveloped lot that she and her husband own at 9330 218th Place Southwest. She relayed the Washington State courts found stormwater fees convey an area wide benefit and allow fees to be applied to developed and undeveloped properties. However, that finding does not apply to their situation since the City asserts that their lot is a drainage facility. The Edmonds Hearing Examiner’s decision of August 2008 states the City has regarded lot 1 as a drainage facility for the plat of Westgate Village. There is a City-installed storm drainage system capable of conveying stormwater runoff from the applicable 2.5 acre area within the plat of Westgate Village that was installed by the City in 2002. However, she is not allowed to use that drainage conveyance system. A May 14, 2008 letter from the former Public Works Director Noel Miller states any work the City has performed previously adjacent to lot 1 was to alleviate flooding incidents to the adjoining residential properties within the plat of Westgate Village and was not in any way to promote the development of lot 1. She referred to an engineering drawing they submitted a year ago with an infiltration gallery under the house. City Engineer Rob English’s response dated September 8, 2009 required lot 1 be the drainage repository for a 6.5 acre basin of which 4 acres are outside the plat of Westgate Village. She summarized the City could not determine her lot to be a drainage facility for the plat and also collect drainage utility fees and the perhaps the City should be paying them stormwater utility fees. Roger Hertrich, Edmonds, urged the Council to heed Ms. Breske’s comments. Next, with regard to fiber optics, he urged the Council to reach a conclusion with regard to the financial status of the project. With regard to his previous comments that WSF would park a ferry overnight if a second slip were constructed, he stated the ferry would be a spare and parked there all day blocking views. He referred to Ms. Shippen’s comments regarding a $26 million project, and urged the Council to seek a response from WSDOT regarding that project. With regard to land use project permits, Mr. Hertrich estimated the number of permits were down 50% in 2008 and 2009 and suggested the City could reduce staff by that amount. He questioned the response to his comments at the Citizen Levy Committee meeting about determining employees’ qualifications. 4. AMENDMENT TO INTERLOCAL AGREEMENT WITH SNOCOM. Police Chief Al Compaan explained this item was removed from last week’s Consent Agenda and a decision delayed to allow Councilmembers to seek further information. The agenda memo describes the issue in detail and he offered to respond to Council questions. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE THE MAYOR TO SIGN THE AMENDMENT TO THE INTERLOCAL AGREEMENT TO RETURN FIRE DISTRICT 1 TO SNOCOM AS A VOTING MEMBER. Councilmember Wilson commented this was unanimously approved by the SnoCom Board and both he and Chief Compaan supported it. MOTION CARRIED UNANIMOUSLY. 5. QUARTERLY UPDATE ON ACTIVITIES OF CASCADE LAND CONSERVANCY AND SUSTAINABLE EDMONDS Councilmember Plunkett requested in the future the reports from Sustainable Edmonds and Cascade Land Conservancy be included in the Council packet. Packet Page 6 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 4 Todd Cloutier, Sustainable Edmonds, explained Sustainable Edmonds is an all volunteer, non profit committed to finding ways to make Edmonds a more sustainable community. He presented the second quarterly update of the Save Energy Now program, a program the Council voted to support with $5000 in funding last December. He displayed a comparison of 2008 and 2009 electricity and natural gas consumption. Edmonds citizens spent $38 million on utilities in 2009. He displayed a comparison of average 2008 and 2009 commercial and residential electricity and gas utility bills, approximately $9100/year for a business and $1900/year for a residence. A 10% savings on utilities represents an approximately $4 million “stimulus” package. Save Energy Now was a pilot project to find the most cost effective ways for homes and businesses in Edmonds to reduce utility usage via 10 homes and 10 businesses participating in a pilot program. The Council funding is used to partially offset the cost of a home energy audit. The audits are useful in identifying and prioritizing energy savings actions. Based on what the auditor finds, the participants then begin taking action to reduce their usage as much as possible, for as little investment as possible with a goal of at least a 10% sustained savings on their utility bills. During the program, which lasts for one full year, Sustainable Edmonds tracks participants’ progress in lowering their bills. Sustainable Edmonds also tracks utility bills of all Edmonds residents as well as the weather. Sustainable Edmonds set up an online blog (http://edmondsenergy.blogspot.com) where lessons learned by participants are posted. They also email this information to the Sustainable Edmonds email list of friends, about 300 families. Their goal at the end of the pilot program is that all participants have saved 10% in their utilities and that they can sustain that savings over time. Mr. Cloutier reported six months into the program, the combined utility bills of participants are down 12%. Although this is ahead of the goal of 10%, approximately 7% is due to mild weather. The goal was 10 businesses to participate in the program, to date 5 have signed up. He explained the average home has already achieved savings of $250+ this year. One family has saved $460 and are committed to reaching a $1000 savings by the end of the year. He displayed a graph comparing 2009 usage, the 10% savings goal, heat demand, and actual natural gas usage, summarizing the program was ahead of goal with regard to natural gas usage. He displayed a similar graph for electricity, explaining the program is slightly below goal in electricity but well under 2009 usage. A graph of the costs illustrated approximately $2500 savings this year for the 10 families participating in the program. Barriers to the success of their program include that more business participants are needed and the challenge to communicate lessons learned from the pilot project to other residents. Opportunities include the Sustainable Works program that was presented to the Council last week that mirrors much of the Save Energy Now program as well as provides subsidized retrofit work and subsidized energy audits for some income levels. He encouraged Edmonds and Lynnwood residents to learn more and sign up for the Sustainable Works program online at www.sustainableworks.com. Approximately 20 people were signed up for the program at Saturday’s Farmers Market. Mr. Cloutier provided the Sustainable Edmonds email address: SustainableEdmonds@gmail.com for anyone interested in obtaining more information or businesses interested in signing up for the program. Councilmember Fraley-Monillas asked how information was disseminated to Edmonds citizens. Mr. Cloutier explained the Save Energy Now program was first advertised to families on the email list and then door-to-door. They advertised the program via the Chamber of Commerce’s email list as well as a door-to-door campaign. Several businesses have indicated inability to participate due to landlord tenant relationships. He suggested interested landlords could also apply for the Sustainable Works program. The Packet Page 7 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 5 Save Energy Now program subsidized by the City is at its capacity for residents; the City Council funded 10 homes and 10 businesses as a pilot project to show that it works. The pilot project illustrates to residents that the energy audit will assist them in identifying the most cost effective ways for energy savings such as insulation, water heaters, and reduced consumption before making large investments such as windows which are more expensive and provide less energy savings. Councilmember Buckshnis requested Mr. Cloutier email his PowerPoint presentation to the Council. As one of the ten homes participating in the Save Energy Now program, Councilmember Peterson thanked Sustainable Edmonds for developing the program. He commented the energy audit was a painless process and he was impressed by the professionalism of the company conducting the audit, their ideas and findings. The auditor found the windows in his 1970s home were in good condition and recommended other ways to save energy such as turning down the water heater and adjusting the thermostat. By doing those things, they have realized a significant reduction in their bill. Jeff Aken, Cities Program Project Manager, Cascade Land Conservancy (CLC), relayed the City Council voted last December to become a leadership City, a $5000 contract that committed CLC to provide the City with a livability assessment, 25 hours of staff time and participation in the Learning Network of Member Cities. He provided a quarterly update, explaining they have been giving presentations to area organizations including the Rotary and the Port as well as discussing with Sustainable Edmonds ways to work together. They have also conducted outreach to Edmonds Community College, Edmonds Bike Club, Edmonds Boys & Girls Club and various citizen groups and citizens. He reported the Livability Assessment is underway; the City is in the process of completing the questionnaire which will be followed by interviews conducted by CLC and a presentation of the findings. The Assessment looks at policies where Edmonds is showing leadership and opportunity for sustainable urban development in the built environment, and other cities’ ideas that may work in Edmonds. He described the Community Stewards Program, a grant funded program CLC brought to Leadership Cities. The goal of the program is to engage citizens in the planning process in a proactive, positive manner at the policy stage. This began with the workshop on May 27 where a presentation on Complete Streets Policies was attended by approximately 35 Shoreline and Edmonds residents. An Edmonds-specific event was held on July 13 with approximately 17 community members. This was an opportunity for CLC to learn about transportation issues in neighborhoods. They have also begun outreach regarding Complete Streets with City staff and Councilmembers to determine the City’s interest in the policies and whether it would be appropriate for CLC to draft a model ordinance for Council consideration. The Learning Network is underway and included a presentation on Complete Streets Policies in May. Future meeting topics include community gardens/urban agriculture and a form-based code workshop with America Association of Architects. Leadership City members receive reduced or free admission to those events. The 25 hours of staff time will be used for CLC to work with the UW students/instructors on the Five Corners and Westgate project. CLC will engage the community, community participation and feedback, and provide visuals/pictures of potential development in those areas. Councilmember Buckshnis advised Council President Bernheim and Councilmembers Fraley-Monillas, Peterson and she were working with CLC on Complete Streets presentation in early September. Packet Page 8 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 6 8. CONTINUED DISCUSSION AND POTENTIAL ACTION RELATED TO A PROPOSED MARKET STUDY FOR THE FIVE CORNERS AND WESTGATE COMMERCIAL CENTERS. Planning Manager Rob Chave explained this was a follow-up to the Council’s discussion earlier this month regarding the proposed market study. Jill Sterrett, University of Washington, provided a memo recommending the lower cost, $10,000. The goal at this stage is a planning level study and it is likely the City may wish to do future follow-up study but it is not needed at this early planning stage. Councilmember Buckshnis expressed her support. She asked whether the $10,000 cost of the study could be reallocated from the vacant Development Services Director position. Mr. Chave responded there were more than sufficient funds available from that source that could be allocated to fund this study. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO ALLOCATE $10,000 FOR THE MARKET SURVEY FROM THE SALARY SAVINGS OF THE VACANT DEVELOPMENT SERVICES DIRECTOR POSITION. Councilmember Petso explained since voting against the neighborhood study, she had conducted further research including meeting with members of the Economic Development Commission (EDC). She was not convinced this would be more than “another study for the shelf.” She was also not convinced this was the most important proposal/request for funds from the EDC, it was simply the first request to be presented to the Council. She suggested the EDC prioritize future funding requests. Councilmember Plunkett asked what additional requests the EDC planned to make. Councilmember Buckshnis, Council liaison to the EDC, responded the recommendations in the resolution from the EDC that the Council approved contains seven items including a Strategic Plan that may have funds associated with it. She planned to submit a recommendation to the Council to extend the EDC for an additional 18 months. She emphasized the study done by the UW students will provide a template for Westgate and Five Corners. The Port is undertaking a similar study for Harbor Square utilizing UW students. Councilmember Plunkett commented the resolution also references the EDC’s involvement with a business plan/marketing for fiber. Councilmember Buckshnis expressed a preference to begin budgeting for studies such as this in the future. Mr. Chave explained the timing of this request was related to the ability to utilize UW classes that may not be available next year and the required relatively low cost. Council President Bernheim commented development at Five Corners was one of his high priorities and he was supportive of this project. He supported utilizing UW students at fairly affordable rates. Councilmember Peterson explained this was one of the top priorities in the seven recommendations in the resolution the Council adopted and planning for Five Corners and Westgate has been one of the Council’s top priorities. This funding request and the funding the Council previously approved for Sustainable Edmonds and Cascade Land Conservancy are examples of what a nominal amount of money can do via leveraging organizations that have a great deal of volunteer and community support and, in the case of the UW, have great graduate and under-graduate students. He thanked the EDC and staff for coordinating this effort and expressed his enthusiastic support. MOTION CARRIED (6-1), COUNCILMEMBER PETSO OPPOSED. 9. EDMONDS FIBER OPTIC BROADBAND INITIATIVE – BACKGROUND AND UPDATE Councilmember Plunkett explained this was not an effort by only the Citizens Technology Advisory Committee (CTAC), it was a collaborative process between CTAC, the Economic Development Commission (EDC) and staff. He thanked the members of CTAC, recognizing several members who were Packet Page 9 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 7 in the audience. He also recognized EDC members who were involved in the effort, as well as staff members. He referred to materials in the Council packet including a background paper, fiber financial information and a resolution reaffirming the Council’s commitment to this project. This presentation is an opportunity to update the public and Council on the financials associated with the Fiber Optic Broadband Initiative. In addition to business aspects of fiber, the City is also saving money as a result of fiber. Public Education Accounts (PEG) provide revenue. Targets of opportunity will be presented to the Council with a cost/benefit analysis and opportunity to approve an Interlocal Agreement. An overall business plan is being developed by CTAC and EDC. CTAC supports continuing the fiber project, the EDC has approved it from an economic point of view, and Mr. Hines has vetted the numbers. He recognized Darrol Haug for developing the background paper that describes the history of the Fiber Optic Broadband Initiative. The background paper indicates the project began in 2005 with 24 strands and excess capacity. Approximately $500,000 has been expended to date; those funds will be recouped by 2015 if no new accounts are added. Finance Director Lorenzo Hines explained in 2005 WSDOT offered Edmonds access to a fiber optic backbone network as a result of a right-of-way transaction where the City was allowed to keep this asset. With that opportunity came the challenge of determining how Edmonds could utilize the capacity of the backbone for the benefit of the citizenry. He displayed a map of the existing multi-strand fiber network from the ferry terminal to downtown Seattle. He provided a comparison of broadband capabilities, from dial-up (64 Kpps phone line) to 100 Mbps Ethernet, explaining one strand of fiber provided tremendously more capacity. Fiber is a great asset for moving information and a great asset to make available to businesses and citizens. The Council created the CTAC in 2004 to explore options to optimize the savings and revenue from the network and to develop alternatives to use the capacity for internal savings and position the City to sell excess capacity to citizens, businesses, and non-governmental entities in order to generate revenue in excess of costs. In 2009 the City sought court approval to sell its excess capacity to customers other than governmental agencies. In October 2009 the Superior Court of Washington granted the City’s motion supporting the City’s ability to sell excess capacity to private individuals and non-governmental businesses. CTAC initially approached Comcast and Frontier/Verizon and they were not interested in partnering with Edmonds. Frontier/Verizon initially announced plans to install their FIOS network throughout the City by 2021. Frontier/Verizon later decided to advance the installation of a fiber network within the City with the intent of completing the system in 2009. This action made it less likely that the City could penetrate the consumer market. CTAC believes Frontier moved up its schedule as a direct result of Edmonds proposing its own network. The City of Edmonds is currently using the fiber optic network for its internal use and is already enjoying infrastructure flexibility and cost savings. In addition to internal savings, he, EDC, and CTAC are looking for targets of opportunity. As those targets are identified, a cost/benefit analysis will be presented to the Council. The current target market is PEG, other governmental entities, private sector businesses and educational entities as well as healthcare providers. Mr. Hines reviewed the project financials, explaining since 2006, the City has spent approximately $492,022 to activate the network, internal City utilization, and preparing for offering services to other entities. He provided a description and expenditures for supplies, small equipment, professional services, Packet Page 10 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 8 communications, rental and lease, repair and maintenance, miscellaneous equipment. Additional expenditures include pole rental and consortium dues, ISP services and Cisco maintenance of $16,352/year. There are also recurring savings and revenues from replacement of the City’s two T-1 lines, reduced transportation and reduced jail days due to video arraignment, and one customer, NetRiver that results in annual savings of $97,428 or a net savings of approximately $81,000/year. Mr. Hines explained fiber optics allows the City to recoup costs in their totality by 2015 and provides a positive cashflow in future years. Any additional targets of opportunity will be secured via an Interlocal Agreement that will be reviewed and approved by the City Council. He advised it was unlikely that targets of opportunity that did not provide a positive cashflow would be presented to the Council. Councilmember Petso asked how far the effort could proceed before it would be necessary to add City employees? Mr. Hines answered the program was not at that point yet, the opportunities are not very numerous because Frontier/Verizon has taken the bulk of the market share. The focus will be small targets of opportunity from educational institutions and private sector business who do not fit Frontier/Verizon’s customer profile. If the City took on 30-40 new customers, it may be necessary to add employees; he did not anticipate that happening at this time. Councilmember Petso pointed out some customers, SnoCom, Snohomish County and Lynnwood, were not providing any revenue. Mr. Hines advised those entities are partners; what the City does not receive in cash it may receive in services or other mutual benefits. CIO Carl Nelson explained the City uses their services or they use the City’s services and via those savings they are a customer. He continues to seek benefits from those partnerships and in the future there may be an opportunity to sell them service. He has been approached by entities interested in fiber when they renew their internet provider contract. Councilmember Buckshnis asked why the three entities are not shown as benefits in the revenue factor. Mr. Hines responded only quantifiable revenues/savings were included in the financials; it is difficult to quantify a mutually beneficial relationship. Councilmember Plunkett recalled approximately two years ago the previous Finance Director posted $104,000 to the fiber account that some thought should have been posted to Information Services and therefore fiber is burdened with an additional $104,000 in expenses. Mr. Hines explained there was a difference of opinion on CTAC; there were some who felt that the assets that fiber and the City shared could be separated out to Information Services and to fiber. Separating the amounts would lower the $492,000; he preferred to take a more conservative approach by overshooting the costs rather than undershooting the costs and causing suspicion. The former Director booked that entry; it appeared just; he was comfortable with it, and it has been audited. Councilmember Wilson commented the Transportation Benefit District (TBD) was created by the City Council, a new government without its own staff, who approved placing an increase on the ballot. Last year the Council voted to move forward with a property tax levy and later decided not to pursue it. In this case, for the past five years the Council has asked for a proposal to expand the fiber. He referred to language in the resolution, “WHEREAS such action on the part of the City has the potential to develop significant revenue for the City of Edmonds” asking how the Council could get to an actionable proposal that could be taken to the voters? He recalled when he first joined the Council, Mr. Jenness provided this same information to him. Mr. Hines responded CTAC was not ready to make a proposal to the Council until they can prove fiber optics works in a business sense. While they have taken small steps to get customers and work with other entities to utilize the asset, the next step is to identify additional customers to whom the City provides a service and they provide revenue. Once a clear pattern of customers can be established, a proposal could be made to capitalize on it. Packet Page 11 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 9 Councilmember Wilson commented it may have been the general request of Council to reach that point before making a proposal to capitalize the project, that would not be his ask of CTAC now. Although he supported the proposed resolution which directed CTAC to continue their current efforts, he wanted to do more. He suggested rather than CTAC identifying 10 additional customers, they explore a range of business models such as being a wholesale provider, providing residential service, etc. and then allow the Council to make a decision regarding capitalization, return on investment, etc. He commented several Councilmembers are interested in taking a proposal to the voters to capitalize on CTAC’s efforts. Councilmember Plunkett commented although it may seem nothing had happened in two years, in actuality, a lot had happened, most importantly the Superior Court ruling. During that same period, the worst economic conditions have occurred which has slowed the acquisition of PEG accounts. He encouraged the Council to reaffirm continued development of fiber optic opportunities as a source of City revenue. Councilmember Wilson agreed the court case limited the ability to proceed, pointing out Seattle is using Edmonds’ court case to move forward. Their Council and Mayor are supportive of pursuing fiber. He questioned how Edmonds could proceed similarly, noting it may be necessary to identify funds for staff. He urged CTAC and information technology and finance staff to help the Council understand what needed to be done to put a funding proposal before the voters in November 2011. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT BERNHEIM, TO PASS RESOLUTION NO. 1234, EXPRESSING THE COUNCIL’S SUPPORT OF CONTINUED DEVELOPMENT OF FIBER OPTIC OPPORTUNITIES AS A SOURCE OF CITY REVENUE. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT BERNHEIM, TO AMEND THE RESOLUTION BY ADDING AS ITEM 5, “ADMINISTRATION SHALL PROVIDE QUARTERLY REPORTS TO THE FINANCE COMMITTEE.” THE VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT BERNHEIM, TO AMEND THE RESOLUTION BY REPLACING “ENTERING INTO” IN THE PARAGRAPH THAT BEGINS, “NOW THEREFORE...” “WITH CONSIDERATION OF.” THE VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND THE RESOLUTION BY INSERTING “AND APPROVED BY COUNCIL” IN PARAGRAPHS 2 AND 3 FOLLOWING “CITY STAFF.” Councilmember Peterson commented the way he read paragraphs 2 and 3 was contracts with a net cost would not be presented to Council. He questioned if the Council wanted to review all proposed contracts regardless of the net cost/benefit. Councilmember Plunkett asked if the Council wanted an opportunity to review all targets of opportunity. Mr. Hines has stated CTAC would not present a target unless it was it had net revenue. Councilmember Fraley-Monillas was comfortable with the amendment, noting information regarding targets of opportunity would be provided to the Council quarterly. Councilmember Wilson anticipated City Attorney Scott Snyder would say the Council could not waive or abrogate its contractual responsibility; any contract would need Council approval. He preferred all targets of opportunity be presented to the Council and allow the Council to consider them case-by-case. For Packet Page 12 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 10 instance the City already has a contract in place with SnoCom that provides no revenue which would be in violation of this resolution. He planned to propose an amendment to delete paragraphs 2 and 3. Council President Bernheim noted the goal was for new customers not to result in a net cost to the City. THE VOTE ON THE AMENDMENT CARRIED (6-1), COUNCILMEMBER PETERSON VOTING NO. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND THE RESOLUTION BY STRIKING PARAGRAPHS 2 AND 3. Councilmember Wilson explained defining net cost can be a policy question and his intent was not to have staff make policy decisions. He preferred staff present anything that made sense to the Council. He did not want to preclude existing contracts such as with SnoCom and Snohomish County because they did not comply with the resolution. He suggested replacing paragraphs 2 and 3 with a statement such as it is the policy of the City of Edmonds to review any worthwhile, legitimate contract with any provider that would serve the interest of the community. He summarized he did not want to limit the proposals that staff could present to the Council. Councilmember Peterson expressed his support for the amendment, commenting there may be opportunities to partner with entities such as the Sno-Isle Library. Even if there were some upfront costs, there may be an overall benefit. He preferred to provide staff the flexibility of presenting all options to the Council. THE VOTE ON THE AMENDMENT CARRIED (6-1), COUNCILMEMBER PLUNKETT VOTING NO. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO INSERT A STATEMENT IN THE RESOLUTION “IT WILL BE THE POLICY OF THE CITY OF EDMONDS TO REVIEW ANY LEGITIMATE CONTRACT OR OPPORTUNITY THAT SERVES THE INTEREST OF THE CITIZENRY OF EDMONDS.” Council President Bernheim suggested the language was unnecessary, the direction from the Council was for CTAC and staff to continue exploring opportunities and to report to the Council. He was comfortable with providing no parameters, recognizing the great work CTAC has done so far. Councilmember Peterson voiced his support for the amendment, pointing out although the present Council’s understanding is as Council President Bernheim stated, this would provide guidance to future staff and Council. THE VOTE ON THE AMENDMENT CARRIED (6-1), COUNCIL PRESIDENT BERNHEIM VOTING NO. COUNCILMEMBER WILSON MOVED TO ADD AS PARAGRAPH 6 IN THE RESOLUTION, “THE ECONOMIC DEVELOPMENT COMMISSION AND THE CITIZENS TECHNOLOGY ADVISORY COMMITTEE WORKING TOGETHER WILL BRING THE COUNCIL A PLAN FOR THE CAPITALIZATION OF A COUNCIL APPROVED BUSINESS STRATEGY BY A VOTE OF THE PUBLIC BY NOVEMBER 2011. MOTION DIED FOR LACK OF A SECOND. Councilmember Petso supported moving forward but suggested as opportunities are pursued equity be kept in mind. With regard to land use, she assumed any issues would be presented to the Council. She Packet Page 13 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 11 envisioned it would be less expensive to string cable above ground rather than underground. She wanted to avoid any view blockage as a result of overhead fiber optic cable. Council President Bernheim thanked everyone involved in bringing the fiber project to this stage. He recalled attending a Council meeting as a citizen when the CTAC committee was originally formed. He was very satisfied with the way this economic development opportunity was progressing. Councilmember Wilson asked whether the resolution limited the City from reviewing other business models. Councilmember Plunkett answered no, assuring the members of CTAC and EDC wanted to consider all possibilities whether it was a different model, the existing model, targets of opportunity, etc. Mr. Hines assured they were open to any and all business models that result in a positive cash flow. The targets of opportunity currently being considered lend themselves to a cost/benefit model; other targets may lend themselves to other models. They will be as flexible as is necessary. Councilmember Wilson responded it was his intent to move forward as quickly as possible. Councilmember Wilson asked whether it was necessary to identify tasks CTAC would undertake and what tasks EDC would undertake. Councilmember Plunkett responded a collaborative process has enabled the project to reach this point. THE VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 10. DISCUSSION REGARDING PROFESSIONAL SERVICES CONTRACTS. Council President Bernheim suggested as part of the budget process the City ask qualified providers of legal services to bid on the City’s professional services work. The City’s Hearing Examiner contract expires at the end of the year and although there have been no issues with the work performance, there may be opportunities for modest savings. With regard to legal services, Finance Director Lorenzo Hines provided him a report that indicated legal expenses January 2009 through today are in excess of $1 million. Councilmember Petso suggested the City also seek bids for actuarial services. Mayor Cooper questioned whether the City had a contract for actuarial services and whether it was up for renewal. The contracts Council President Bernheim has proposed the Council seek bids on are due to expire at the end of this year. The option is to renew the contract or seeks bids. It was his understanding the only contracts expiring this year are the Public Defender, Hearing Examiner and the City Attorney. Councilmember Petso offered to research the actuarial contract. Councilmember Peterson referred to a letter the City received today from Toweill Rice Taylor, the City’s current Hearing Examiner, advising they would not be seeking renewal of their professional services agreement. With regard to soliciting requests for proposals (RFP) for legal services, he acknowledged the City’s legal fees have increased in recent years and he suggested comparing the City’s costs with other cities’ costs. One of the reasons for increased legal fees is the increase in public records requests which is epidemic statewide. Before embarking on a time consuming RFP process, he suggested investigating whether other cities were experiencing increased legal fees. If everyone’s costs are increasing for the same reasons, it was doubtful the City would realize a significant cost savings. If there were issues regarding quality of service, that was a different discussion. Councilmember Buckshnis advised the Citizen Levy Committee (CLC) has requested information on all the City’s consultants. Council President Bernheim, Mayor Cooper, Mr. Clifton, Debi Humann and she attended a seminar this week and talked to a number of cities. Renton recently made a change from a contract City Attorney to an in-house attorney. She offered to contact Renton regarding a cost Packet Page 14 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 12 comparison. She commented another consideration is the longevity that the City’s current City Attorney Scott Snyder provides. He provided the CLC pros and cons of a contract City attorney and an in-house attorney. He also provided the CLC information regarding moving emails to the web in response to a new law that will allow public requests to be directed to a website as long as the website was identified. She noted this would save paper although it would not save staff time. Councilmember Wilson advised it was his understanding that actuary services were contracted for on a project by project basis. Those projects were relatively rare, occurring only once every couple years. Councilmember Wilson commented Edmonds uses Mr. Snyder far more than other cities use their City Attorney. As a consultant working with various cities, in his experience cities are typically very regimented in the use of their City Attorney. Edmonds has a policy of the City Attorney only attending Council meetings the first and third Tuesdays but he often attends other meetings and is has become a central resource for the Council. He noted although the Council sees Mr. Snyder, the City gets the benefit of his entire firm. If the Council replaced Mr. Snyder with one attorney, there would be a significant reduction in servicing the City’s needs. If the City hired an in-house attorney, it was likely 3-5 additional support staff would be necessary. Councilmember Fraley-Monillas suggested researching an in-house attorney. Other groups with budgets similar to the City’s have moved from a contract attorney to an in-house attorney. Advantages of an in- house attorney include that he/she is present in City Hall and his/her schedule is established in accordance with the City’s needs. She agreed in addition to an in-house attorney, the City would need to hire a paralegal and possibly a part-time assistant. The other groups who have changed to an in-house attorney found it provided better coverage of legal representation. Mayor Cooper explained the $1 million Council President Bernheim referred to is all the legal costs, not just Ogden Murphy Wallace. It includes litigation costs that Mr. Weed and other attorneys have charged the City. Finance Director Lorenzo Hines advised the $1,031,000 was all costs associated with the City Attorney function, both retainer and litigation fees. It did not include costs for the prosecuting or defense attorneys. Mayor Cooper observed there have been two options discussed, 1) a RFP for a City Attorney, and 2) researching hiring an in-house City Attorney rather than a contract City Attorney. He asked Council President Bernheim clarify his request. Council President Bernheim responded his request was a RFP for legal services in the manner in which they are currently provided. He was not interested in restructuring the way legal services are provided at this time. He was satisfied there were many qualified firms and lawyers who could provide the same or better quality legal advice for the same or better price. Councilmember Peterson suggested if there was some uncertainty regarding whether the Council wanted to have a contract versus an in-house attorney, qualified law firms may not apply to a RFP. He asked the timeline for a RFP and whether there was time to have a further discussion regarding the City Attorney. Mayor Cooper answered the Council needed to provide direction on how to proceed at one of their September meetings in order to provide sufficient time for a RFP, interview and selection process and to have an attorney under contract by January 1, 2011. Councilmember Peterson reiterated his request to research cost increases other cities are experiencing to determine whether Edmonds legal costs were out of whack before directing staff to proceed with a RFP process. Councilmember Fraley-Monillas asked whether Councilmember Peterson was interested in a comparison of fees from cities with in-house and contract attorneys. Councilmember Peterson answered his interest Packet Page 15 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 13 was in determining whether other cities’ legal costs have increased whether their attorney services are provided in-house or via a contract. He anticipated legal costs were increasing due to increased public records requests regardless of whether a city had an in-house or contract attorney. Councilmember Fraley-Monillas was interested in researching what other cities paid for in-house and contract attorneys. COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PETSO, THAT THE CITY ISSUE AN RFQ FOR CITY ATTORNEY SERVICES AND HEARING EXAMINER SERVICES WITH ALL DELIBERATE SPEED. Councilmember Plunkett commented he had a great deal of faith and trust in Mr. Snyder but in these economic times he was interested in investigating what other possibilities were available and the cost. Councilmember Wilson suggested rather than directing staff to do a great deal of work on in-house counsel versus a contract attorney, consideration be given to hiring a legal staffing consultant to determine how an in-house attorney’s office would be structured based on the City’s case load. He was uncertain whether the City’s limited Human Resources staff had the capacity to provide that information. If the Council was serious about changing the form of its legal services, the City should use a labor negotiator separate from Ogden Murphy Wallace as he feared it could be complicated if labor negotiations were not concluded by December 31. He suggested when researching the cost of an in-house attorney, the City determine the true cost including medical benefits, and union contracts for support staff now and in the future. Councilmember Plunkett asked whether AWC or Municipal Research Services Center could provide the information Councilmember Wilson requested. Mayor Cooper advised Human Resources staff has done some preliminary work on that matter at his request and could provide the information to the Council at a future meeting. Councilmember Wilson supported the request to research other cities’ costs. His request was to determine the cost of an in-house legal department to accomplish Edmonds’ workload. He emphasized other cities have different work loads; researching other cities costs for in-house staff would be informative but not necessarily comparable to Edmonds. He reiterated his suggestion to consider hiring a legal staffing consultant. Mayor Cooper suggested the Council keep the two items separate. The motion is to seek bids for a City Attorney. If the Council decides during the budget process or some other time to do a study or consider an in-house legal department, there will be a transition period and the City likely would need a contract City Attorney at least through 2011 even if a decision was made to pursue an in-house attorney. THE VOTE ON THE MOTION CARRIED (6-1), COUNCILMEMBER PETERSON VOTING NO. 6. 2010 SECOND QUARTER BUDGET REPORT. Finance Director Lorenzo Hines referred to the 2010 second quarter report, explaining the City’s revenue position was approximately 55% of budget and expenditures were approximately 48% of budget. The second quarter budget report contains two pending budget amendments that were included because they were material and needed to be reflected in the budget. The first was an expenditure authority amendment regarding a Council action that occurred earlier this year. The Council decided the proceeds from the sale of fire assets would be moved out of the General Fund into a special reserve fund, the Public Safety Reserve. Approximately $600,000 was moved into the Public Safety Reserve. The Council also made a Packet Page 16 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 14 decision to move $100,000 to the Facilities Fund. The transfer was made; however, expenditure authority needed to be granted, basically a technicality. In completing the Fire Department transactions, it was discovered that there was approximately $700,000 in the Equipment Rental Fund set aside for fire vehicles and one fire engine. Since the City did not have a need for those funds in the Equipment Rental Fund, a decision was made to move those funds to the General Fund as the funds were originally the result of General Fund contributions. That adjustment was also included in the second quarter budget amendment. Both adjustments are described on page 2 of the second quarter budget report. Councilmember Petso posed the following questions: • EMS transport fees of approximately $700,000 were budgeted. Page 5 of the report indicates the City has received only $184,000. Is that revenue stream expected to recover? Mr. Hines advised that determination would be made in the latter half of the year. It appears that EMS transport fees are not being received as budgeted. He offered to research and if necessary, reduce the budgeted amount via the next budget amendment in late November, early December. • $700,000 was budgeted to be received from the Transportation Benefit District fee. The report indicates the City has received $271,000. Mr. Hines offered to research. • She was told TBD funds were not placed in the General Fund, page 5 identifies them as a General Fund revenue source. Mr. Hines advised the funds are transferred to funds where they can be accessed by Streets and Public Works. • Where is that transfer in the second quarter report? Mr. Hines advised the transfer had not yet been made. • What is the Interfund Reimbursement – contract services for $1.3 million. Mr. Hines advised he is researching that item. • Sale of fixed assets (page 6), $1.7 million are anticipated to be sold. Accountant Debra Sharp advised that was the original sale of the Fire Department rolling stock. The actual amount was $1.4 million which was part of the amendment. She explained $1.7 million was budgeted; the City received $1.4 million. The budget amendment reduces the $1.7 million to $1.4 million. As part of the accounting transactions to remove the assets, the sale in the 511 (Equipment Rental Fund) must also be shown. Therefore it is moved from the General Fund to the Equipment Fund and then the funds are transferred again via an interfund transfer. • If the City received $1.4 million for selling the rolling stock, why was that amount not placed in the Public Safety Reserve Fund? Mr. Hines explained the $1.4 million was reduced by approximately $800,000 in firefighter vacation. • Three interfund transfers on page 7 are not identified. She suggested in the future the fund to which the transfer is made be included. Mr. Hines advised the interfund transfer of $25,000 was from Fund 113, the $25,086 transfer was from Fund 121 and the $54,000 transfer was from Fund 411. He agreed to include that information in future quarterly reports. • Page 8 includes a list of funds but not all funds are listed such as the Emergency Financial Reserve Fund, the Council Contingency Fund, the Sister Cities Fund. She requested all the funds be included in future reports. Mr. Hines answered historically only selected funds were included in the quarterly report. He agreed to expand the list to include all 26 funds. • When funds are allocated to a certain fund, isn’t administration constrained to spending within the limit of the allocation?. Mr. Hines answered spending must stay within the limit Council sets. If staff finds that authority will be exceeded, a budget amendment is proposed explaining the reason the spending authority will be exceeded. • In REET 125, $1.3 million has been spent when only $1.1 million was appropriated. She inquired how those funds were spent and why it was not presented to the Council. Mr. Hines Packet Page 17 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 15 explained these were costs from a Parks construction project that was originally to have occurred in 2009. The expenditure did not occur in 2009 and was moved into 2010. This issue has been brought to the Parks & Recreation Director’s attention. An amendment will be made in the next mid-year amendment. He offered to forward the Council an email describing the project. Councilmember Wilson expressed concern that the expenditures in Fund 125 did not match the appropriation, noting it was incumbent on staff to highlight that information in the Council packet so that Council did not have to ask so many questions at the Council meeting. He found the expenditure in excess of the allocation in Fund 125 egregious. Councilmember Wilson recalled the Council’s intent when moving the funds remaining after the sale of assets was that they be placed in a separate fund and not in the Public Safety Reserve Fund. Mr. Hines explained the $600,000 from the fire proceeds were placed in a separate fund, the Public Safety Reserve Fund. There is a $1.9 million balance in the City’s Emergency Reserve Fund which is a separate fund. Councilmember Wilson suggested renaming the Public Safety Reserve Fund to avoid confusion. With regard to transport fees, Councilmember Wilson expressed concern that Fire District 1 may not be accurately charging or billing the transport fee. He requested staff research whether Fire District 1 was accurately collecting those fees. Councilmember Buckshnis recalled at this time last year, the revenue from transport fees was $217,000 or 30%, similar to this year. At fiscal year end 2009, the City received $682,258; the budget was $700,000. With regard to TBD receipts, Councilmember Wilson explained the TBD is a separate governmental entity that does not actually employ any staff or provide any services; the TBD contracts with the City to collect the fees and to do the work. The funds collected are deposited into the General Fund and transferred to the TBD. It may be appropriate to revise the Interlocal Agreement to identify a different fund to receive those fees. Councilmember Wilson asked for clarification of the sale of fixed assets on page 6. Mr. Hines explained the City initially anticipated receiving $1.7 million; within that amount was approximately $350,000 in aid cars. As a result of negotiations between the City and Fire District 1 it was decided Fire District 1 would pay for the aid cars and the associated sales tax. As a result the City received $1.4 million versus $1.7 million. The City also paid out approximately $786,000 in firefighters vacation. Councilmember Wilson questioned the $974,844 for sale of fixed assets as of June 30, 2010. Mr. Hines anticipated there were accounting mechanisms that created the $974,844 figure. The numbers will change in the next quarterly report as Fire District 1 transactions are completed. Councilmember Wilson asked whether the $700,000 in the Equipment Rental Fund was reflected in the 511 transfer on page 11. Mr. Hines answered it was. Councilmember Wilson concurred with Councilmember Petso’s request to expand the list of funds within the General Fund. Councilmember Wilson commented he did not have a high degree of confidence that today’s numbers with regard to Fire District 1 exactly reflected the numbers the Council discussed last September/October. He requested Mr. Hines provide a full report to the Council within the next few months comparing the costs, savings, etc. that were proposed and the actual numbers. For example he recalled the Council was informed by Fire District 1’s Fire Chief in his July 1, 2009 presentation that SnoCom would be a savings to the City. In reality the City will continue to be liable for those fees. Packet Page 18 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 16 Councilmember Buckshnis posed the following questions/comments: • At the end of July staff was still settling the 2009 Fire District 1 transaction. Will the CAFR need to be revised? Mr. Hines answered no, all the Fire District 1 transactions occurred during fiscal year 2010; the contract took effect January 1, 2010. • The recently adopted financial policies will require reporting of fund balances and for all funds to balance. • The executive summary current forecast on the website for January 25, 2010 and June 5, 2010 uses January 20, 2010 actuals. She requested these be updated when the June information is available. Mr. Hines responded the 2009 column has been updated to reflect yearend actuals. The report will be released to the Council following review by Mayor Cooper and hopefully to the Citizen Levy Committee on Thursday. 7. 2009-2010 MID-YEAR BUDGET ADJUSTMENT - 08/24/2010 Finance Director Lorenzo Hines explained the mid-year budget adjustment was a housekeeping issue, the majority of the adjustments were to bring forward fund balances from 2009 into 2010. There are also transactions to accommodate the sale of the Fire Department in 2009 and transactions to reflect activities that occurred in 2009 that are brought forward into 2010. There were two incidents in 2009 where the expenditure authority was exceeded. The State Auditor indicated because this is a biennial budget the expenditure authority could be addressed in the next year. Mr. Hines reviewed the General Fund summary: Beginning Fund Balance Increase (Decrease) 902,405 Increases in revenue that increase the ending fund balance: Fire Asset allocation from Fund 511 464,693 TBD 2010 Transportation Benefit District Revenue 580,000 Utility Utility Tax Increases from 2009 726,000 Fire Additional Fire District 1 savings – amended during the mid- biennium 12/15/09 145,230 Total revenues that increase ending fund balance 1,915,923 Decreased in revenue that decrease ending fund balance Police Loss of Mountlake Terrace Animal Control Contract (35,820) Total revenues that decrease ending fund balance (35,820) Decrease in expenditures that increase ending fund balance: Multiple depts. 2010 B-Fund contribution eliminated during 2009 budget review (336,393) Police March 13, 2009 police services cuts made for 2010 (119,128) Total expenditures that increase ending fund balance (455,521) Increase in expenditures that decrease ending fund balance: City Clerk Temporary assistance due to extensive public records requests 10,588 Fire Department 2009 fire costs paid in first part of 2010 13,898 Fire Department Fire contract adjustment – amended during mid-biennium 12/15/2009 98,449 Utility Hydrant maintenance 340,000 Packet Page 19 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 17 Non-departmental Transfer to Public Safety Reserve Fund & Facilities Maintenance Fund 700,000 Community Services Carry forward of Verizon/Frontier unspent grant money 8,514 Total expenditures that decrease ending fund balance 1,171,449 Revenues & expenditures that do not effect ending fund balance due to offsetting revenues or expenditures: Non-departmental Eliminated SnoCom Director Services in 2009 (179,022) Public Works Administration N. Miller payout 52,000 Mayor L. Carl payout 16,800 Community Services HUD EDI pass through grant to PFD 91,447 Police Equip purchased w/2009 Recovery Act Edward Byrne Memorial Justice Asst Grant 12,876 Multiple depts. Energy Efficiency Conservation Block Grant (EECBG) Purchases and Dept of Energy 76,204 Non-departmental Allocate cable utility tax revenue from franchise revenue 460,000 530,305 Ending Fund Balance Increase (Decrease) 2,066,580 Councilmember Petso referred to Mr. Hines’ indication that some items had been addressed in prior budget amendments. Mr. Hines explained a number of amendments were made in 2009 that also needed to be reflected in amendments in 2010. Councilmember Petso clarified all the above amendments were 2010 amendments. Mr. Hines agreed. Councilmember Buckshnis suggested better labeling, descriptions and page numbers for the amendments as she was unable to trace the amendments to the quarterly report. She observed all the funds were out of balance and needed to be brought into balance with actuals. Mr. Hines explained the City just finalized its 2009 financial statements and the numbers are now accurate and agreed to by the State Auditor. He was now comfortable moving those numbers into the individual funds to illustrate the state of the funds in 2010. He was not comfortable doing so until the CAFR (Comprehensive Annual Finance Report) had been released. Councilmember Buckshnis offered to illustrate how the General Fund balances to the CAFR. Mr. Hines advised the CAFR was a point in time as of December 31, 2009. Council President Bernheim suggested at the next Finance Committee meeting, September 14 or at a special Finance Committee meeting, Mr. Hines, the Finance Committee and Mayor Cooper discuss the mid-year budget adjustment and return it to the Council at the next possible opportunity. Mr. Hines explained he is in the process of developing a 2011 budget; he cannot create the 2011 budget until he knows what 2010 looks like which requires adoption of the mid-year budget adjustment. The Council has scheduled a budget workshop on Tuesday, August 31; the adjustment needs to be finalized in order for the budget workshop to be meaningful. A special Finance Committee meeting was scheduled for Monday, August 30 at a time to be determined. It was agreed to notice the meeting so that all Councilmembers could attend. City Clerk Sandy Chase advised a special meeting required 24 hours notice. Councilmember Peterson suggested Councilmembers email questions to the Finance Director in advance of the Finance Committee meeting. Councilmember Wilson asked how the $902,405 beginning balance adjustment was determined. Mr. Hines offered to provide Councilmember Wilson a reconciliation as it was complicated. Councilmember Packet Page 20 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 18 Wilson asked why a $900,000 adjustment was necessary. Mr. Hines reiterated many of the adjustments were reflected in the 2010 budget were things that happened in 2009 and were reflected in the 2009 budget amendment. COUNCILMEMBER WILSON MOVED, SECONDED BY PETERSON, TO EXTEND THE MEETING 30 MINUTES. MOTION CARRIED UNANIMOUSLY. Mr. Hines continued his explanation, the 2009-2010 budget is a biennial budget cycle; there were things built into the 2009 budget in 2008 and things that happened once the budget is enacted. In 2009 a number of things occurred that must also be reflected in 2010. Things that happened in 2009 do not automatically carry over into 2010. The 2010 budget was originally developed in 2008. The amendments make 2010 more relevant and current. Councilmember Wilson observed there were amendments made in 2009 that made 2010 more current. Councilmember Wilson observed the amendments made in 2009 carry over into 2010. Mr. Hines explained the mid-year adjustment is the vehicle by which they carry over into 2010. Councilmember Wilson suggested a simple narrative to help him understand the $902,405 beginning fund balance. Councilmember Peterson asked whether the $902,405 was primarily budget cuts made in 2009. Mr. Hines answered the cuts played a role in that amount. Councilmember Wilson asked whether the budget cuts were reflected in the CAFR. Mr. Hines answered they would have been reflected in the 2009 ending General Fund balance which is being moved forward into 2010. Councilmember Wilson asked whether the $902,405 reflected increases to the December 31 balance or everything from January 1, 2009 to June 30, 2010. Mr. Hines answered the December 31 balance reflects everything that occurred January 1 through December 31, 2009, the culmination of everything in and out of the General Fund during the year and $902,405 is the residual of those transactions. Mayor Cooper requested Councilmembers email additional questions to Mr. Hines prior to the August 30 Finance Committee meeting. Councilmember Wilson commented the discussions at Council meetings were very helpful to him in working through the materials. He cautioned he may not email a lot of questions but was likely to have additional questions when the Council next discussed the mid-year budget adjustment. 11. COUNCIL REPORTS ON OUTSIDE COMMITTEE/BOARD MEETINGS Councilmember Plunkett distributed CTAC’s recommendation to the Council on computer use in Council Chambers. Councilmember Peterson reported the Mayor’s Climate Protection Committee met early this month and is moving forward with actionable items, moving from the theoretical stage to an action oriented stage. Councilmember Buckshnis reported the SeaShore Transportation Forum discussed the formation of a TBD. Edmonds and Lake Forest Park have formed TBDs and many of the other members are interested in the process. Next, she reported on the Economic Development Commission, advising two of the seven recommendations were reviewed by the Council tonight. She plans to present to the Council a request to extend the EDC another 18 months. The Citizen Levy Committee held its third meeting. The members have formed subcommittees to discuss specific issues. Councilmember Fraley-Monillas reported on a discussion at a recent Snohomish County Public Health District policy committee meeting regarding prioritizing services due to funding. Packet Page 21 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 19 12. MAYOR'S COMMENTS In response to the concern raised last week regarding the 911 call at Engels Pub, Mayor Cooper advised Assistant Chief Lawless sent Councilmembers an email describing the situation. Police officers were flagged by a bystander; the police used their tazer on a gentleman and the aid car was called. The Fire Department’s response time was 4.5 minutes, well within average response times. The Fire Department remained in a staging area for another approximately two minutes because the Police Department felt the scene was not secure. When aid was allowed onto the scene, the individual tried to fight the medics. Mayor Cooper indicated he will forward the Council a much more detailed report from Fire District 1 Chief Widdis that shows actual Police and Fire response times from the dispatch center that illustrates the response times were well within acceptable levels and that they responded in accordance with their training. He thanked the Police and Fire Departments for their professionalism in handling a very difficult situation. Mayor Cooper advised the email to submit budget suggestions is now available: budgetsuggestions@ci.edmonds.wa.us. Approximately 10-12 suggestions have been submitted since the press release was issued. With regard to Ms. Shippen’s request regarding the WSF budget, Mayor Cooper pointed out the State legislature writes the transportation budget. The budget language in the long range plan was developed by WSF, not the City. Mr. Clifton has inquired with WSF and their consistent response is that the $26 million is for a future project. If the Council feels strongly about that language, he urged them to include it in the City’s legislative agenda. Mayor Cooper reported he received a letter from the Chair of the Fire District 1 Commissioners, Commissioner Kenny, summarizing the agreement to move the 1938 Ford fire engine back into the fire station on a temporary basis until a long term solution can be worked out. Mayor Cooper planned to convene a group of stakeholders to discuss a long term solution. 13. COUNCIL COMMENTS Councilmember Wilson explained he had been a candidate for the Snohomish County Council position vacated by Mayor Cooper. Today the Snohomish County Council chose Lynnwood Councilmember Stephanie Wright to fill that position. Councilmember Buckshnis reported on the AWC budget conference, commenting it was interesting to learn about what other cities have done such as reducing overtime, reducing overall budget by 5%, looking at ways to renegotiate contracts with City contractors, looking at leasing versus buying, scaling back, doing cost/benefit analyses, developing strategies where an employee is rewarded a day off for a good solution, and idling excess parts or supplies. Councilmember Fraley-Monillas congratulated Stephanie Wright on her appointment to the Snohomish County Council. She reported on the City baseball game that Councilmember Petso and she participated in; Edmonds beat Mountlake Terrace 15-3. Councilmember Petso suggested the City seek clarification from WSF regarding the $26 million project, whether it is an improvement at the existing location or at an alternate location. She inquired about the mechanism for clarifying the intent with the State. Packet Page 22 of 319 Edmonds City Council Draft Minutes August 24, 2010 Page 20 With regard to the budget amendments and the transfer of funds in the 511 to the General Fund of funds intended to replace fire trucks, Councilmember Petso suggested the Council consider whether they wished to have those funds set aside in the same way that the proceeds of the sale of the fire trucks were. Councilmember Peterson congratulated the Edmonds Chamber of Commerce on another successful Taste of Edmonds and the Dave Stern Memorial Golf Classic. He announced the upcoming car show on Sunday, September 12. Council President Bernheim thanked Sustainable Edmonds for the Save Energy Now program, noting the smaller savings at the household level are the most important and result in the greatest aggregate savings. He urged other businesses to sign up. Council President Bernheim referred to the murals being installed downtown, another example of a small thing at a relatively low cost that adds a lot of value. He applauded the mural group for their efforts. He relayed comments from recent visitors regarding the beauty of the City’s parks and flowers. He thanked Mayor Cooper for reaching an agreement with Fire District 1 on an interim resolution for the 1938 fire engine. He remarked it was nice that the Council was having discussions and getting along. 14. ADJOURN With no further business, the Council meeting was adjourned at 10:23 p.m. Packet Page 23 of 319 AM-3353   Item #: 2. C. City Council Meeting Date: 09/07/2010 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Approval of City Council Meeting Minutes of August 31, 2010. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Attachments 08-31-10 Draft City Council Minutes Form Review Inbox Reviewed By Date Mayor Mike Cooper 09/02/2010 04:11 PM Final Approval Sandy Chase 09/02/2010 04:12 PM Form Started By: Sandy Chase Started On: 09/02/2010 11:48 AM Final Approval Date: 09/02/2010  Packet Page 24 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES Budget Workshop August 31, 2010 The Edmonds City Council meeting was called to order at 5:34 p.m. by Mayor Cooper in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Mike Cooper, Mayor Steve Bernheim, Council President Michael Plunkett, Councilmember Lora Petso, Councilmember Strom Peterson, Councilmember Diane Buckshnis, Councilmember ELECTED OFFICIALS ABSENT D. J. Wilson, Councilmember Adrienne Fraley-Monillas, Councilmember STAFF PRESENT Al Compaan, Police Chief Gerry Gannon, Assistant Police Chief Jim Lawless, Assistant Police Chief Stephen Clifton, Community Services/Economic Development Director Brian McIntosh, Parks & Recreation Director Phil Williams, Public Works Director Lorenzo Hines, Finance Director Debi Humann, Human Resources Director Doug Fair, Municipal Court Judge Carl Nelson, CIO Rob Chave, Planning Manager Leonard Yarberry, Building Official Rich Lindsay, Park Maintenance Manager Renee McRae, Recreation Manager Frances Chapin, Cultural Services Manager Stephen Koho, Treatment Plant Manager Rob English, City Engineer Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. OPENING REMARKS – MAYOR COOPER Mayor Cooper explained this meeting was to provide the Council with information and to gather feedback from the Council to assist in a more collaborative budget development process. He planned to share this information with other stakeholder groups as well. This is not a presentation of the Mayor’s preliminary budget but an exercise to provide current information and collect Council input. He explained the Council requested the Mayor to prepare a status quo budget similar to the 2010 budget. Tonight staff will describe their departments and any changes they have proposed in their 2011 budgets. 2. OVERVIEW OF REVENUES AND EXPENDITURES – FINANCE DIRECTOR Finance Director Lorenzo Hines reviewed a comparison of General Fund revenues that includes 2009 actuals, 2010 budget, 2010 actuals as of July 31, 2010, and 2010 yearend estimates. He pointed out estimated revenues at yearend were down approximately $1.5 million from the 2010 budget. He provided information from the Washington State Economic and Revenue Forecast Council indicating Washington was still in economy decline and the situation is unlikely to improve dramatically in the immediate future. Packet Page 25 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 2 According to the Bureau of Labor Statistics, the 12-month percent change in the Seattle-Tacoma- Bremerton, Washington CPI is -0.5% He reviewed factors affecting revenues: • Preliminary projected 9% decrease in assessed value for the City of Edmonds. • Reduced sales tax levels will continue into 2011. Sales tax projections in the 2010 budget: $5.5 million; later reduced in 2009 to $4.3 million; expected amendment later this year to reduce sales tax revenue to $4.3-4.4 million. • Potential factor – voter approval of initiatives that affect the Liquor Control Board (LCB) could result in a loss of LCB related revenues, $200,000-$500,000 annually. Mr. Hines also provided a list of historical financial management actions taken since 2001. 3. DEPARTMENT PRESENTATIONS Municipal Court Judge Doug Fair reviewed the court services 2009 and 2010 budget: Year Total Annual Budget Administration Probation 2009 $749,628 $524,409 (Actual) $199,815 (Actual) 2010 $781,567 $585,114 $196,453 He identified two decision packages, pointing out that neither of the expenditures would require General Funds; both can be purchased with Court Improvement Funds provided by the State: • Probation software - $6,850 • Generator tie-in for court side of Public Safety building - $7,825 He provided facts regarding the Municipal Court: • Since 2005 there has been a 47% increase in cases filed with the Court, from 5,318 cases to 7,853. This increase is evenly split between criminal and cases and civil infractions. • Gross revenues have increased over the same period of time from $717,539 to $1,247,883, an increase of 74%. • In 2009 net revenues exceeded expenses by $140,682; $27,814 of this revenue (20%) was generated from passport applications and locally supervised electronic home monitoring (EHM). • All of this has been accomplished without any increase in staffing. Staff has actually decreased since 2005. He described mandated court services: • Court hearings • Data entry • Probation, DUI and domestic violence • Fine collection • Processing judicial orders Other services the Court provides include • Passports • Local EHM • Other probation services • Night court Packet Page 26 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 3 He explained if budget cuts are made, the impact on the Court would be termination of non-essential services which include passport services, non-mandated probation services, locally monitored EHM services, local collection of fine payments, and night court for traffic infraction hearings. He pointed out some of the optional services generate revenue. To date in 2010, the Court has generated approximately $27,000 from optional services. If one position is cut (approximately $50,000 in salary and benefits) and optional services eliminated, the actual net savings is $22,000. He commented on the value of the services provided to the community for that $22,000. Councilmember Buckshnis asked whether other cities offered night court. Judge Fair answered some do but it is the exception rather than the rule. Councilmember Buckshnis asked why EHM and passport services would be eliminated if they generated revenue. Judge Fair answered because he must provide mandated services; the Court does not have to provide passport services or EHM. Losing one staff member reduced the workforce by 20% and would require the elimination of optional services. He summarized the court was not intended to make money but to dispense justice. Police Department Police Chief Al Compaan reviewed the Police Department’s 2010 budget: • $9,662,319 budget • Includes $1731,418 in jail costs • Does not include $1,051,540 for SnoCom – SERS dispatch for Police, Fire and PW He also reviewed specific amounts in the budget for salaries, overtime and benefits, uniforms, supplies, small equipment, professional services, communication travel, advertising, rental/lease, repairs/ maintenance, miscellaneous (including training), intergovernmental services and vehicles/fuel. Mandated services provided by the Police Department include: • Primary law enforcement services provider for Edmonds • Respond to 911 calls • Investigate crimes • Arrest suspects • Evidence processing • Domestic violence investigation • Traffic collision investigation, • Death investigation • Maintain evidence/property collected • Maintain criminal records • Public disclosure requirements • Mandated training of personnel • Fingerprinting – CPL applicants • Disaster coordination • Emergency Operations Center Other services the Police Department provides include • Animal control • Ordinance enforcement • Parking enforcement • Traffic enforcement • K-9 • Street Crimes Unit • Crime analysis Packet Page 27 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 4 • Domestic Violence Coordinator • Marine Unit/Dive Team • SWAT/negotiators • ALERT • Bicycle Patrols • Explorer Scouts • Prisoner Transport • Woodway emergency response He described staffing and services rendered in 2009 by 55 commissioned and 9 full-time and 2 part-time support staff. He reviewed the Police Department organization, commenting there were no mid-level management positions; the Department has a compressed organizational structure with no captains or lieutenants. He described historic Police Department staffing: • 2009-10: 55 commissioned, 9 full-time and 2 part-time support staff (reduction one commissioned and 2 full-time support staff – Crime Prevention Officer and Animal Control Officer) • 2008: 56 Commissioned, 11 full time and 4 part-time support staff (added three commissioned for Street Crimes Unit, reduced 2 support positions in the records unit) • 2000: 53 Commissioned, 13 full-time and 3 part-time support staff • 1990: 34 Commissioned, 9 full-time and 2 part-time support staff • 1985: 32 Commissioned plus support staff Over the past decade the entire Reserve unit has wound down due to budget as well as operational and accreditation issues and the difficulty recruiting reserve officers. This has eliminated supplemental staff to assist the Police Department. Police Cadet positions were also defunded in 2003 as part of budget cuts. In 2006 the hospital security provided by Edmonds Police Department at Stevens Hospital of 7 FTE was defunded by the hospital. Those officers assisted both at the hospital as well as were available to respond to emergency calls in the area surrounding the hospital. The 2011 budget will reflect the following 2009-10 cuts: • DARE program including 1 FTE entry level police officer • Crime Prevention volunteer program including 2 part-time staff • Reserve Officer Program • 1 FTE Animal Control Officer and Mountlake Terrace Animal Control contract Chief Compaan reviewed their proposed 2011 budget: • $25,679 moved to training supplies and SWAT supplies for munitions. o Funds largely reallocated from Jail Intergovernmental Services and Training cost centers o Military demand driving 80-100% cost increases o Total munitions budget: $45,000 • $52,025 moved to Dispatch Interfund Rental for 17 patrol laptops reaching the end of their useful life and warranty. Implementation of New World CAD/RMS in 2011 also requires more robust capacity than existing computers o Funds reallocated from Jail Intergovernmental Services o Total Replacement cost: $83,767 • $5,238 moved to Patrol Communications from Records Professional Services o Enhanced wireless connectivity for patrol vehicle to allow field access to databases, required to use New World o Personal communication devices for command staff, detectives, patrol vehicles and specialty units o New technologies since budget last changed in 1999 Packet Page 28 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 5 • $5,000 reallocated to Administration Rental/Lease from other Administration and Records Management budget lines o Considering lease versus purchase of multifunction machines to copy, print, fax, scan o Budget unchanged since 1998 Chief Compaan summarized by reallocating the existing budget, the Department is able to absorb the cost of these three decision packages, two needed for New World (computers and communications) and one for munitions. The Department’s 2011 budget will also reduce their O&M budget by $19,000 over the 2010 budget. Chief Compaan described a 2011 proposed decision package for bulletproof vest replacement: • $20,720 net General Fund impact if $4,410 federal grant is authorized • $25,130 total purchase price to replace 25 ballistic vests at the end of their five year warrantied life • Expiring vests do not meet new federal standards • Officer safety and liability issue if vests not replaced • The $19,000 O&M savings could be used to offset this purchase Councilmember Petso thanked Chief Compaan for meeting with her. She suggested Chief Compaan consider whether the charge for providing emergency response to Woodway was enough to cover the cost of providing the service. Chief Compaan commented politics as well as relations between the cities were part of that cost structure. Councilmember Petso suggested contacting Swedish regarding reestablishing Edmonds Police Department security at the hospital. Chief Compaan explained Stevens Hospital employed a private security company to provide security services and any change would need to be initiated by the hospital. Councilmember Buckshnis thanked Chief Compaan for meeting with her to address her questions. She reported the Levy Committee is discovering that leasing is better than purchasing. She inquired about the useful life of patrol car laptops. Chief Compaan answered the typical life is approximately five years. A more rugged laptop is purchased for use in the patrol car due to the amount of vibration they encounter. The 17 laptop computers are needed to replace aging laptops and because a more powerful laptop is needed for the New World CAD/RMS that will be operational in July 2011. Councilmember Buckshnis asked whether the laptops can be resold. Chief Compaan answered they are sold but used computers do not generate a great deal of revenue. Councilmember Buckshnis asked whether the bulletproof vests were recycled. Chief Compaan explained vests have a 5-year service life and best practices recommend replacement after 5 years as humidity can cause degradation of the bullet-resistant material. The used vests are returned to the manufacturer. Councilmember Buckshnis asked whether the vests could be sold. Chief Compaan answered no, it was important that the criminal element not have access to bulletproof vests. Councilmember Plunkett asked whether the contract for service to Woodway cost Edmonds more than the contract paid. He asked how politics entered into that relationship. Chief Compaan answered Edmonds bills Woodway on a per call basis. Woodway operates a part-time Police Department comprised of approximately 6 officers from other South Snohomish County agencies who each work 20 hours a month. The contract negotiations have typically been handled by the Mayors of Edmonds and Woodway. The fee was recently increased from $100 to $125, which he acknowledged was an arbitrary amount. He explained it did not really cost any more to provide service to Woodway because Edmonds Police Officers are on duty but it takes an Officer away from Edmonds. He summarized the service has been provided in the past in an effort to be a good neighbor and there was no attempt for a full cost recovery. Packet Page 29 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 6 Councilmember Plunkett suggested the amount for a full cost recovery be determined. He asked how much Edmonds billed Woodway annually for emergency police response. Assistant Chief Gerry Gannon answered approximately $10,000. The recent contract included a flat callout rate as well an hourly rate for any additional officers who respond. Councilmember Plunkett asked whether providing emergency police response to Woodway was a burden on Edmonds coverage. Chief Compaan explained Edmonds basically provides an insurance policy for Woodway by providing first response 911 police service. Ideally he would prefer a 24/7 police contract with Woodway but Woodway has not been interested in that in the past. Councilmember Plunkett suggested approaching Woodway to offer Edmonds providing a 24/7 police contract. Parks, Recreation & Cultural Services Department Parks, Recreation & Cultural Services Director Brian McIntosh explained the Department serves as the community’s key resource for providing well kept parks, beautification, open space, family focused recreation programs, special events and cultural arts for citizens and visitors. He reviewed the Department’s 2010 budget ($3,449,470) and 10 cost centers (administration, park maintenance, recreation/cultural services, Discovery programs aquatics, athletics, day camps, fitness, gymnastics and Meadowdale Preschool). He described recreation revenues: • 2007 – $1,142,971 • 2008 – $1,221,560 • 2009 – $1,288,811 • 2010 projected – $1,289,510 The Parks division is charged with protecting city assets and liability through professional parks maintenance and includes: • Project management and construction 6 waterfront beach parks with 3,000 feet of shoreline and a fishing pier • 31 active parts as well as 12 civic sites • Sports fields • Cemetery • 20,000 square feet in 146 flowerbeds and gateway entrances and 151 hanging baskets • Underwater Park • Yost Pool • Special event assistance • Off Leash Dog Park The Recreation division is charged with providing affordable quality programs and opportunities for all ages and interests that include: • Aquatics, fitness, athletics, gymnastics, camps, preschool, arts, crafts, nature, dance, outdoor recreation, parent/child, special events and more • Leader in environmental education and awareness since 1980 • Provide 65 summer jobs and 35 volunteer opportunity for youth • Frances Anderson Center houses city and tenant programs with 1,000+ recreational participants each day • Facility rentals • Recreation scholarships funded by fundraising activities The Cultural Services division is charged with promoting and sustaining a vibrant cultural community that include: • Cultural tourism promotion Packet Page 30 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 7 • Economic development • Capital project planning and management • Edmonds Arts Commission –Visual Performing and Literary Arts The Department provides staff support and continuity to the Edmonds Arts Commission, Library Board, Sister City Commission, Cemetery Board, Economic Development Commission, and reports to the Planning Board. The Department partners with a wide range of organizations as well as numerous businesses and volunteers through the City and region. Planning Documents include the Parks Comprehensive Plan, Community Cultural Plan, Streetscape Plan, project studies such as the Aquatics Feasibility Study and the 4th Avenue Cultural Corridor. Mr. McIntosh described historic budget cuts in the Department: • 2003: 8 full-time seasonal positions cut and incrementally restored between 2004-2008 • 2009: Seasonal park maintenance staff cut and restored in 2010 • 2009: Flower Program at 50% and partially funded through the Parks Trust Fund • 2009 and 2010: Yost Pool subsidy funded by citizens through the Parks Trust Fund • Cemetery operations are no longer funded through the General Fund and now operate as an enterprise with support from Parks Maintenance. Mr. McIntosh described the Department’s 2011 decision packages: • $7,003 Parks Fund 001 o Rental toilets increase and ongoing: $5,000 o Replacement of 21” Honda Mower: $1,200 o Replacement of Back Pack Blower: $503 o Replacement of Red Max Law Trimmer: $300 • $5,000: Columbarium rail painting (Cemetery Fund 130) Councilmember Plunkett asked if the decision package for rental toilets was for more toilets or increased service. Mr. McIntosh responded toilets are rented for ten sites, most are year-round sites due to increased usage of the parks. The decision package was to increase the number of toilets from 20 to 25 as well as increase the service level. Councilmember Buckshnis thanked the Department for their assistance at the Off Leash Dog Park. She asked whether all the recreation classes were profitable. Mr. McIntosh a class is not conducted if it is not profitable. The majority of recreation instructors are contracted and fees are split 60/40 instructor/City. Minimum class sizes are established and if the minimum is not met, the class is not held. Occasionally a new class will be allowed slightly below the minimum to get it started and if there is potential to build. Councilmember Buckshnis asked whether Concerts in the Park were funded entirely by sponsorship. Mr. McIntosh answered the performer fees were paid by sponsors. Councilmember Buckshnis asked about reimbursement for special events. Mr. McIntosh advised the Taste of Edmonds and the Edmonds Arts Festival pay a rental fee for use of the space. Public Works Public Works Director Phil Williams commented Bremerton, which is 10% smaller than Edmonds but in the same geographic area, has 130-135 FTE in Public Works & Utilities compared to Edmonds’s 75 employees. He described Edmonds Public Works Department: • 75 (authorized for 78) dedicated public employees with the education, training, experience and certifications necessary to maintain the City’s extensive above ground and buried infrastructure • Manage 40% of the City’s expenditure budget in six major funds Packet Page 31 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 8 • Deliver 1.1 billion gallons of water to customer each year (3 million gallons per day) with no water quality violations or defects • Collect and treat over 2 billion gallons of residential and commercial wastewater at our regional wastewater treatment plant (WWTP) with zero violations YTD 2010 and have collected 6 outstanding performance annual awards • WWTP located in the heart of downtown with very few odor or noise complaints • Operate and maintain 14 wastewater lift stations, 1 water pump station and 20 pressure reducing valve stations, 2100 valves, 2000 hydrants, 4 reservoirs (7.5 million gallons), 3,300 manholes, 180 miles of water mains and 190 miles of sewer mains • Maintain 133 center line miles (288 lane miles) of paved surface in City right-of-way, 123 City- owned streetlights, 18 signalized intersections, and 5,625 signs • Maintain 7,077 catch basins, cleaning about 6,000/year, 571 public and private ditches or creeks • Maintain, fuel and replace as necessary 158 pieces of rolling stock, 92 in Public Works & Utilities • Maintain and operate/maintain 20 major public buildings or facilities He reviewed a list of required services: • Maintain City buildings/facilities • Maintain traffic signals, curbs, sidewalks, crosswalks, striping, signs, street lights, drainage channels, etc. • Maintain all paved surfaces in City right-of-way • Comply with all NPDES Phase II Stormwater Regulations and permit requirements • Comply with SDWA water utility and State Water Efficiency regulations • Maintain all water and sewer lines, valves, hydrants, PRVs, water/sewer pump stations, reservoirs, SCADA systems • Comply with all NPDES Permit parameters for water quality and maintenance • Maintain and replace City vehicles • Site development review permitting • Design improvements to City facilities, parks and public spaces, and utility systems • Manage right-of-way franchises and permits • Public records maintenance and archiving Other services Public Works provides include: • Community event support • Street banners and support signage • Recycling and waste reduction public information • Environmental initiative support • General public assistance and information He described the General Fund percentage of the Public Works budget: • Public Works Administration – 1% • Engineering (development & permit review) – 2.5% • Facilities (building maintenance) – 5.5% • Fleet maintenance - $1.6% • Total – 10.2% Mr. Williams provided a comparison of the Public Works & Utilities Department budget by cost center (administration, engineering, facilities, street, stormwater, water, sewer, treatment plant and fleet). The 2009 budget was $19,502,321 compared with $21,434,600 in 2010. He commented most cost centers were stable year-to-year; the sewer cost center varies depending on the number of capital projects. The Packet Page 32 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 9 fleet cost center varies due to vehicle purchases and fuel costs. He also provided a pie chart comparing Public Works Department expenditure by cost center. He reviewed staffing, projects to be undertaken and decision packages by cost center: Public Works Administration • 2011 will include Noel Miller separation payouts • No other changes in 2011 Engineering • 2011 capital program approximately $12.5 million ($5.3 million in 2010) • Filling Senior Utilities Engineer position authorized in 2010 budget • Begin a 100-year flood study for Edmonds Marsh and surrounding properties • Complete a stormwater project addressing property flooding and stream restoration along Perrinville Creek off Talbot Road • Begin engineering design on four sewer main replacement • Complete design and begin construction on the 2011 water main replacement project • Complete construction on the 226th walkway project • Decision package: Stormwater Technician ($92,0880) funded by increased stormwater rates Facilities • City owned or maintained facilities include: o Police, Courts, Council Chambers o Fire Station #17 o Frances Anderson Center o Public Works O&M Center o Fire Station #16 o Meadowdale Club House o Historical Museum o Wade James Theater o Boys & Girls Club o City Hall o Library o Senior Center o Fire Station #20 o Parks Maintenance Building o Log Cabin o Old Public Works o Grandstand o Cemetery o Fishing Pier/Ranger’s Station o Yost Pool • Decision Package: Energy Plan ($25,000) funded 50% Utilities and 50% General Fund Streets/Stormwater Streets • Primary issue is paving preservation • Depending on the outcome of the TBD proposal, begin either a robust paving and pavement preservation program or look to expand future crack sealing efforts and pothole repair • Continue sidewalk inspection program with targeted 25 repair projects • Start early in 2011 with striping • Begin replacement of signal cabinets when funding allows Packet Page 33 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 10 • Decision package: Road rating survey ($25,000) funded via Street Revenue Fund Stormwater • Continue efforts to implement NPDES Phase II • 2011 will be the first year for inspections of 465 privately owned and operated detention/treatment facilities and 106 public facilities • Continued catch basin maintenance program by pumping 6,000 structures • Develop alternatives to Public Works shop for decanting of pumped wastes • Rates increased 8% • Decision package: Stormwater Maintenance Worker I ($62,000) funded by increases stormwater rates Wastewater Treatment Facility • Convert burner for incinerator from diesel to natural gas to reduce expense for auxiliary fuel • Work with PUD and BPA to identify, design and install or modify equipment to reduce electrical usage • Modify the disinfection system to make it more robust • Rehabilitate (sandblast and coast) steel in settling tanks so that the steel doesn’t need to be replaced • Install a new Automatic Transfer Switch that controls whether PUD or a backup generator supplies power to the plant • Install a fiber optic cable network in the plant to replace an existing, overloaded wire cable • Replace or install a number of variable frequency drives to motors to improve energy efficiency Water/Sewer Sewer (collection/conveyance) • No rate increase in 2011 • With debt reduction from 2008, resources available to rebuild 9 wastewater pump stations – construction in 2011 • Coordinate with Engineering and a contractor to dig and replace 4 runs of high-maintenance sewer lines • New work for 2011 includes GIS integration for manholes, lift stations and sewer line video Water • New work for 2011 includes GIS integration for PRVs valves, hydrants, meter boxes, blow-offs • Approximately $4 million in new water mains for 2011 • Rate increase of $7.5% for 2011 • Decision package: new Capital Facility Charges ($22,000) funded 1/3 Water, 1/3 Wastewater and 1/3 Storm Equipment Rental (Fleet) • Maintain 158 pieces of rolling stock • 2011 purchase of 9 patrol vehicle in a pre-purchase for both 2011 and 2012 due to Ford eliminating the Crown Victoria in 2012 • Total replacement budget approximately $345,500 in 2011 • Current direction is to restart contributions to the “B” Fund for replacements of General Fund vehicle as part of 2011 budget • Purchase of four gas/electric hybrids in 2011 Councilmember Plunkett asked if there were funds in the Fleet budget for purchase and/or maintenance of fire vehicles. Finance Director Lorenzo Hines advised there was approximately $200,000 for an aid car and other vehicles and $500,000 for a new fire engine. The amendment currently before Council proposes to move those funds out of the “B” fund back into the General Fund, the source of those contributions. Packet Page 34 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 11 Councilmember Plunkett remarked further Council discussion may be warranted regarding the use of those funds. Councilmember Plunkett inquired about the amount of Public Works community event support. Mr. Williams offered to provide the amount. Councilmember Plunkett asked whether consideration had been given to charging the events for the service that Public Works provides. Mr. Williams answered most groups are struggling to put on events and it would be impossible to collect the value of those services. He noted many of the events are beneficial to the City. Councilmember Plunkett observed capital expenditures are twice as much in 2011 compared to 2010. Mr. Williams advised with the Council’s recent approval of the Water Comprehensive Plan and the rate increase as well as the Stormwater Comprehensive Plan and the rate increase, there are resources available to complete the projects contained in those Plans. Councilmember Peterson referred to the 1.6% for Public Works administration which was remarkably low and the difference in Public Works & Utility FTE in Edmonds compared to Bremerton. He asked whether other cities’ administrative percentage was as low as Edmonds. Mr. Williams answered he had not done a comparison study. He anticipated it was lower than most, remarking there were many remarkable employees in Public Works who do a very good job managing their divisions and do not require a great deal of oversight. Councilmember Peterson commented on the lack of middle management in Public Works, asking whether that structure was unique to Edmonds. Mr. Williams agreed the department is structured in a lean manner. Councilmember Plunkett inquired about the $700,000 for fire vehicle shown as an expenditure in the five year forecast. Mayor Cooper declared a brief recess. Development Services Department Planning Manager Rob Chave explained there is currently no Development Services Director. Most Department operations are programs designed to meet the requirements of federal, state and locally mandated laws and codes as well as some discretionary services. The Department is comprised of the Building Division and the Planning Division. He reviewed the 2009 and 2010 budget and estimated year end expenditures by division. Division Year Budget Year End (Est) Administration (Dir, Reception & Code Enforcement 2009 $398,070 $383,085 2010 $468,883 $251,498 Building 2009 $734,570 $639,958 2010 $786,904 $679,584 Planning 2009 $691,692 $667,243 2010 $747,985 $724,218 Total Department 2009 $1,824,332 $1,690,286 2010 $2,003,772 $1,655,300 Revenues 2009 $533,678 2010 $660,000 Packet Page 35 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 12 Building Official Leonard Yarberry and Mr. Chave reviewed mandated services: • General Department Administration o Maintain receipts and cash records o Respond to formal public records requests • Building Permit Administration o Accept, review and issue bldg permit applications o Coordinate interdepartmental reviews o Monitor and implement state changes to building codes • Building Plan Review and Inspections o Review permit applications and plans for compliance with adopted codes and standards o Conduct building inspections for life safety and minimum building code requirements • Comprehensive Planning o Comply with the Growth Management Act (GMA) including coordination with other agencies o GMA mandated regional policies, growth targets, Buildable Lands (County, PSRC) • GMA – Land Use Consistency o Update codes to ensure consistency with Comprehensive Plan • Land Use Permit Administration o Accept, review and issue land use permit applications o Coordinate interdepartmental reviews o Staff support to Hearing Examiner, ADB, Planning Board, Historic Commission, Mayor’s Climate Committee Other services provided by the Department include: • Code Enforcement o Process code compliance complaints dealing with building, planning and engineering issues o Inspect properties for violations o Provide public information • Public Information o Provide public information via permit counter/phone/email/letters regarding building and land use questions, code enforcement and permit inquiries o Maintain public handouts o Provide online permit information • GIS Mapping o Development Services is responsible for assigning and maintaining the addressing for the City o Providing mapping and geographic information to support operations, including required GMA and zoning document and policy analysis • Disaster Response Mr. Chave described Department staffing: • Administration: 3 FTE • Planning: 6 FTE • Building: 4 FTE • Permitting: 3 FTE The current level of 16 FTE is 2 employees less than in 2006. The current staffing level is the same number of employees per 1,000 population as existed in 1985. Since 1985 permanent staffing levels have tracked with population rather than permitting activity; temporary employees were used during the recent peak permitting periods. Mr. Chave displayed a graph comparing Development Services employment with building permits 1985-2010, concluding staffing levels have been consistent during that time.. He also displayed a graph of building revenue history 1985-2010. Packet Page 36 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 13 Mr. Yarberry reviewed a comparison of building permit revenues 2005-2010 (YTD and estimate) and a comparison of single family permits 2006-2010 YTD. He reviewed proposed changes in the 2011 Development Services budget: • Reductions o Administration – reduced supplies: ($4,700) o Building – reduced professional services, repairs/maintenance: ($67,800) o Planning – reduced professional Services: ($20,000) • One time addition o Planning – Professional Services UW Study: $31,550 Councilmember Plunkett inquired about the savings in the Administration line of the Development Services 2010 budget. Mr. Chave advised the majority of the savings was the Development Services Director salary and benefits; there were also savings in professional services. He advised the 2011 budget includes the Development Services Director position. Mayor Cooper explained his plan was to discuss advertising for that position with staff within the next month. The last recruitment effort did not result in a candidate that was acceptable to the former Mayor. Councilmember Plunkett suggested Mayor Cooper first confer with the Council regarding whether they wanted to fund that position. Councilmember Plunkett inquired about contracting out permitting. Mr. Chave answered Planning experimented with contracting with professional consultants during the period of high permit activity and found it was more expensive. Hiring temporary planning assistance during the peak period cost less than half the cost of contracting. Mr. Yarberry responded contracting out permitting was a model that some cities utilized and many of the standard building code inspections could be done in that manner. The difficulty in contracting for those services was obtaining the same level of service for review of items specific to Edmonds such as setbacks, height, etc. If the Council chose to use that model, the fees likely would need to be adjusted. Councilmember Plunkett acknowledged the graph illustrated the number of employees has tracked with the population, relaying a question that is often asked, why the City has not laid off staff in the Development Services Department during this recession. Mr. Chave answered staffing was never increased during recent peaks in development activity. Staff worked very hard to keep up during that time and it was very stressful. He concluded the department was now staffed appropriately. Councilmember Plunkett asked whether the Department was charging as much as it could. Mr. Chave answered it was time to do a thorough analysis of the City’s fees. The City has done a good job recovering building fees but there is a great deal of room left. Planning fees legislatively have been kept somewhat lower. Councilmember Plunkett commented Seattle’s expenses are covered by fees. Mr. Chave explained some services are not covered by fees such as public information, compliance with GMA, etc. Councilmember Plunkett suggested the cost of a building permit should cover the cost. Mr. Chave agreed, noting the policy has been to achieve close to 100% recovery. To maintain that recovery over time, the fees may need to be increased especially for building permits, planning permits, etc. Councilmember Plunkett asked whether an analysis of the fees could be completed in time for the upcoming budget. Mr. Chave did not think so. Councilmember Buckshnis advised the Citizens Levy Committee was reviewing the City’s overall use of consultants. She inquired about the $350,000 for professional services for Development Services in the budget book. Mr. Chave answered Planning’s professional services include Hearing Examiner and a professional minute taker for several Boards and Commissions. The Administration professional services budget is quite small. Packet Page 37 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 14 Councilmember Buckshnis asked whether the code rewrite was primarily performed in-house. Mr. Chave answered it was; the proposed $20,000 savings in professional services was for the code rewrite. He advised City Attorney Scott Snyder’s review of the code rewrite was reflected in the City Attorney’s budget. Mr. Yarberry noted the professional services budget for Building was proposed to be reduced by approximately 65% over last year’s budget. That was due to a philosophical shift in performing many of those functions in-house as well as due to reduced workloads. Community Services and Economic Development Departments Community Services/Economic Development Director Stephen Clifton thanked Mr. Chave and Mr. Yarberry for their assistance in co-managing the Development Services Department since that position was vacated in April 2009. He explained he also assists with managing the Development Services Department as well as meets with the Building Office, City Engineer and Planning Manager weekly to discuss issues of significance, potential code amendments, etc. He explained both the Community Services and Economic Development Departments are funded via the General Fund. In the ten years he has been employed by the city, he has secured grants to cover his salary by at least 4 times. Mr. Clifton reviewed the Departments 2009 and 2010 budget: Department Year Budget Actual Economic Development 2009 $79,700 $46,700 2010 $79,700 Community Services 2009 $312,025 2010 $326,699 Combined 2009 $465,369 $391,725 2010 $406,399 He proposed combining the Community Services and Economic Development Departments which eliminates the need to hire two directors. He would maintain his existing capacity as the Director of both departments. This also reduces expenditures related to supplies, miscellaneous travel small equipment and advertising. He reviewed responsibilities of the Community Services Department and specific projects related to each: • Support Mayor, City Council and Department Directors • Develop long and short term policies and strategies o City budget o Annual Legislative Agenda o Work with City Directors on Plans and Programs • Plan, coordinate and implement major and special projects o Edmonds Crossing o Sound Transit Edmonds Station o Sound Transit North Corridor Light Rail Policy Advisory Committee o Edmonds Center for the Arts o Fire Station 16 o Unocal Cleanup & Unocal Lower Yard Purchase and Sale Agreement o 2009 Levy Workgroup and 2010 Levy Committee o Community Outreach Committee o Community Technology Advisory Committee o Unocal Pier Removal o Transportation Benefit District (1st year administration) • Contract negotiations and administration o Legal documents, Interlocal Agreement, Memorandums of Understanding o Telecommunications and Franchise Agreements (renewal and administration) Packet Page 38 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 15 o Government relations and environmental contracts • Local and regional liaison He reviewed responsibilities of the Economic Development Department and specific projects related to each: • Staff the Economic Development Commission • Work with Chamber of Commerce, Port, business community and tourism entities o Chamber of Commerce Economic Development and Marketing Committees o Washington State Department of Commerce o Snohomish County Economic Development Council o Puget sound Regional Council Prosperity Partnership o Promotion, Marketing, Tourism, Permitting • Business retention, recruitment, expansion and education o Work with Edmonds Community College and Chamber of Commerce to promote business education which helps effect retention and expansion • Highway 99 Task Force and Highway 99 Enhancement Project • Policy development and implementation Other services the Departments offer include: • Local and regional liaison o Work and communicate with local, county, state and federal representatives o Snohomish County Infrastructure Coordination Committee o Puget Sound Regional Council o Edmonds Chamber of Commerce and Port o Snohomish County o Washington State o Washington State Department of Transportation o Sound Transit o WSDOT Ferries • State and federal appropriations and grants (examples) o Edmonds Crossing ($6.5 million of $12.3 million as of April 2008) o Edmonds Crossing (State $26 million - $58 million) o Federal Stimulus Funding ($1 million) o Energy Efficiency Conservation Block Grant ($160,200) • Disaster Recovery Coordinator o Plan development (first city in Snohomish County to adopt a recovery plan) o Implementation • Government channel 21 and website oversight and enhancement/updates He reviewed Community Services Economic Development Department expenditures since 2000, highlighting substantial savings in the Community Development Department in 2009 and 2010. He proposed the following changes in the Community Services and Economic Development Departments’ 2011 budgets: Expenditure Community Services % change Economic Development % change 2010 2011 2011 20101 Supplies $2,000 $1,000 $ 1,000 $ 2,500 Small Equip $ 400 $ 800 Travel $2,000 $1,000 $ 1,000 $ 3,000 Advertising $1,060 $ 500 $25,000 $40,000 Miscellaneous $2,000 $1,500 Packet Page 39 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 16 Total $7,060 $4,000 -43% $27,400 $46,300 -37% Strategic Plan $100,000 Mr. Clifton explained the Economic Development Commission (EDC) plans to submit a request to the City Council for $100,000 to fund a Strategic Plan. Resolution 1224 adopted by the Council supports the creation of a Strategic Plan as one of the six high priority recommendations from the EDC. An EDC Strategic Planning Subgroup prepared a report highlighting the need for a Strategic Plan, its purpose and providing a roadmap for the Council to better address issues in the future. Councilmember Buckshnis recalled the Economic Development Commission recommended a full-time Economic Development Director. She asked if the resolution would need to be changed if the Community Services and Economic Development Departments were combined. Mr. Clifton responded the proposal to combine the departments was in recognition of the current economic situation and that the City cannot afford two directors. If the City hires a Development Services Director, he has identified several tasks he would like to transfer to that position to free up his time to focus on community services and economic development. City Clerk’s Office City Clerk Sandy Chase provided the Clerk’s Office annual budget: • 2009 - $540,437 ($474,000 actual) • 2010 - $524,619 The Clerk’s office also generates approximately $200,000/year in revenue from business license fees. The Clerk’s office collects parking permit fees and a portion of one employee’s salary is covered by those fees. Mandated services provided by the City Clerk’s Office include: • City Council Meeting agenda/packet/minutes o Coordinate weekly agenda and packets o Preparation, approvals, delivery o Special meeting and public hearing notification o Coordinate preparation and distribution of official minutes • Ordinances, resolutions, codification o Assure accuracy of documents o Coordinate codification of ordinances into the City Code books • Records management o Responsible for two off-site archive centers o Arrange for annual destruction of records o Provide citywide training o Arrange for microfilming and protection of essential/permanent records annual o Transfer records to State Archives` • Public records requests o City Clerk is public records officer of the City per City Code Chapter 1.20.010 o Track request, must respond within 5 working days o Annual citywide training provided • Business licenses o Renew business licenses annually (approximately 2,000 in-City business, 1,700 out of City businesses o Issue new business licenses (approximately 350 annually) • Claims for damages, litigation Packet Page 40 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 17 o Receive claims and lawsuits on behalf of City o Notification, track, assemble record Other services the City Clerk’s office provides include: • Monitor all City contracts o All contracts/agreements on file in the City Clerk’s office o Tracked for expiration dates and notify departments • Parking permits o Downtown residential, visitor, employee, recreational vehicle, ride share, and 4th Avenue lot o Receipt, issue and track all permits • City Hall reception services o Answer main phone line for City departments o Greet all visitors, provide directions o Issue appropriate badges • Department-wide mail services o Sort incoming mail, post all outgoing mail o Bulk mail permit, UPS, Fed-Ex services • Notarize and Certify Documents; Attest to Mayor’s Signature o Provide notary services related to city generated documents o Attest to Mayor’s signature on legal documents o Certified official City records • Recording of all City documents o Record documents for all departments at Snohomish County; maintain files of all recorded documents • Miscellaneous o Research requests o Elections o Special event applications o Citywide office supplies and equipment contract o Dangerous dog registrations o Population count Ms. Chase described impacts of previous budget cuts on the City Clerk’s Office: • In 2000, the City Clerk’s Office had 6 employees • Due to budget concerns, in 2001 staff was reduced to 5 • Due to budget concerns, in 2009 staff was reduced to 4 Ms. Chase described the City Clerk’s Office preliminary proposed budget change: • Reinstate the position in the City Clerk’s Office that has not been filled since 2009. The position would be dedicated to requests for public records and records management • This is a previously authorized position; the proposal is to fund the position. The amount to be budgeted: $63,000 She relayed the City Attorney’s suggestion to have an additional staff person in the City Clerk’s Office trained to do some of the things the City Attorney does with regard to public records requests. She noted the biggest impact with regard to public records requests has been the all-encompassing nature of requests for emails. Councilmember Plunkett asked whether all emails could be available to the public via a link from the City’s website. Ms. Chase explained all emails would still need to be reviewed and any redaction done before they were placed online. If that began now and was done on a daily basis, it would not be such an Packet Page 41 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 18 overwhelming task when a request is submitted. That could not be accomplished without the proposed staff person. Councilmember Plunkett asked whether there were any fees that could be increased to cover the cost. Ms. Chase answered the law related to public records requests is very specific with regard to fees. The ability to make email available online would place the burden on the citizen to search. There will still be people who do not have access to a computer or do not have the ability to conduct their own search. Councilmember Buckshnis explained there has been a bill proposed that would allow the public to view documents via a link on the City’s website rather than providing hardcopy documents. The long term cost savings would be staff time and paper. With regard to emails on the City’s website, a staff member would be trained to identify certain emails for review by the City Attorney. Mayor Cooper advised the City cannot charge for electronic information or the time it takes to create the record. The Clerk’s Office must also create a paper copy if requested. Councilmember Peterson asked whether any consideration has been given to contracting out archiving. Ms. Chase explained the Washington State Records Retention Schedule states how long documents must be retained and how the documents are stored. The City has two offsite archive centers, at the old Public Works building and at the new Public Works building; both are reaching capacity. Other storage options particularly for storage of permanent records will need to be researched. She advised essential records are microfilmed on an annual basis. Administrative Services Department Finance Director Lorenzo Hines reviewed the Department’s annual budget: Cost Center Year Finance 2009 $ 632,107 (actual) 2010 666,762 Information Services 2009 464,183 (actual) 2010 633,959 Fiber Optics Project 2009 169,883 (actual) 2010 113,600 Non-Departmental 2009 5,029,595 (actual) 2010 12,051,215 Total Administrative Services 2009 $ 6,295,768 (actual) 2010 $13,465,536 (includes Fire District 1 contract) Mandated services provided by the Department include: • Budgeting o RCW 35A contains provisions for annual and biennial budgets, including review and modification • Financial reporting o Pursuant to RCW 43.09.230 Annual Reports are to be certified and filed with the State Auditor’s Office within 150 days after the close of each fiscal year o Additionally the City prepares annual financial statements in conformation with Generally Accepted Accounting Principals (GAAP) o Cash reporting o Payroll o Utility billing o Accounts payable o Accounts receivable Packet Page 42 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 19 o Special assessments Other services provided by the Department include: • Risk management o Liaison for Washington Cities Insurance Authority (WCIA) • Internal audits o Surprise cash counts, inventory, utility account monitoring • Grant monitoring • Departmental support • Cash management o Invest surplus funds • Special projects He described services provided by Information Services, 3 FTE for 210 users (employees and City Councilmembers). He explained the Non-departmental cost center is used to segregate all costs not directly identifiable to a department/division. Expenditure examples include election costs voter registration, insurance, audit fees, SNOCOM, ESCA, debt service payments, and transfers to other funds. He reviewed staffing changes due to reductions in staff: Staffing as of January 1, 2008 – 8 FTE Staffing as of August 1, 2010 – 6 FTE Administrative Services Director Finance Director Assistant Administrative Services Director Accountant – General Government Operations Accountant – Enterprise Fund & Capital Accountant Utility billing Utility Billing Payroll technician Payroll technician Accounting Assistant – Accounts Payable Accounting Assistant Accounting Assistant – Treasury Executive Assistant Mr. Hines advised consideration is being given to a 2011 decision package to hire a GIS analyst to assist with Public Works projects and Planning. This service is currently provided by contract. There also may be a reduction proposed in the budget for the Fiber Optics program. Human Resources Department Human Resources Director Debi Humann described the functions of Human Resources Department: • Administration of all employee benefit programs including o Health insurance/EAP o Federal and State law compliance (FMLA, ADA, EEO, harassment, etc.) o L&I/Workers’ Comp processing and claims handling o MEBT o Deferred Compensation/AFLAC • LEOFF 1 policy development, claims approval, and fund distribution • City Personnel Policy Development • Policy and collective bargaining interpretation and application • Legally complaint recruitment/selection processes including State of WA archival compliance • Job description/classification maintenance • Conflict resolution with supervisors and employees including performance improvement, discipline issues, terminations, handing grievances, etc. • Union contract negotiations • All employee issues involving counseling, illness, divorce, death, etc. • Compensation program development and administration Packet Page 43 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 20 • Civil Service Commission – serve as Chief Examiner • Disability Board – serve as staff liaison Ms. Humann summarized Human Resources is involved in or supports employees from hire to retirement or separation from service. She explained Human Resources is comprised of three parts, Human Resources, Civil Service, and LEOFF 1. She reviewed preliminary proposed budget changes for the Human Services Department and Civil Service: Human Services 2010 Budget 2011 Budget Change Supplies $ 2,756 $ 2,500 ($256) Small Equip $ 100 $ 100 -- Professional Services $14,500 $14,000 ($500) Communications -- $ 500 $500 Travel $ 500 $ 500 -- Advertising $10,000 $10,000 -- Miscellaneous $12,230 $12,230 -- Civil Service Professional Services $10,000 $10,000 -- Miscellaneous $ 180 $ 180 -- She reviewed past HR staffing reductions: • In 1999 HR had 3 full time staff members (Director, HR Analysis and HR Assistant) • In 2004, staffing dropped to 2 FTEs • Currently 2 FTEs support approximately 207 employees, 33 LEOFF 1 members, numerous retirees and summer season employees and City Councilmembers She provided a comparison of HR staffing to number of City FTEs in cities comparable to Edmonds by population. Edmonds is second to last with a ratio of 1 HR staff member to 104 employees. She pointed out this ratio does not include the 33 LEOFF 1 members, summer seasonal employees or retirees. She summarized although this comparison illustrated the staffing in HR, it represents how the City staffs in most departments; Edmonds is well known for lean staffing. She described past City reduction: • Cuts have been made to staffing and programs since 1999 • Cuts included layoffs in 2002 • In 2009, Teamsters, SEIU, and non-represented employees took 9 furlough days which resulted in a savings of $428,000 • In 2009, non-represented employees’ merit increases (additional 3% savings) were frozen Ms. Humann reviewed HR's decision package • The Health Benefits Committee has been looking at new health insurance options as a result of AWC’s announcement that the two medical plans will no longer be available after January 1, 2012. • The process included hiring a broker/consultant to “go to market” and bring back alternatives. Wells Fargo was selected as the broker. They plan to present alternatives the third week of September. • The cost to “go to market” was $21,500 which was approved by the Council at the August 3, 2010 meeting. • If broker provided health plans are selected, the cost for 2011 will be $42,500. Ms. Humann explained the LEOFF 1 pension system includes any firefighter or law enforcement officer who worked in a full time capacity and whose membership transferred to the WA Law Enforcement Packet Page 44 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 21 Officers and Firefighters retirement system on or after March 1, 1970. Edmonds currently has 33 LEOFF 1 members. The City is obligated under RCW 41.26 to pay all “medically necessary” costs. For 2010, $376,566 was transferred from the General Fund to cover LEOFF 1 expenditures. An additional augmentation of $124,000 will be transferred to this fund to pay estimated 2010 costs. Approximately $500,000 annually is required to pay LEOFF 1 expenses per the requirements of RCW 41.26. These costs are mandatory and paid from the General Fund. Council President Bernheim recalled the presentation regarding healthcare options was scheduled for the September 14 meeting. Ms. Humann relayed Wells Fargo indicated the information will not be available until the second or third week of September. Council President Bernheim asked the impact on Human Resources Department of the sale of the Fire Department. Ms. Humann responded although one would think there would be a large impact with the reduction of 54 personnel, Fire Department employees handle most of their own issues and would only come to HR with large personnel problems that needed investigation or advice. Since the sale of the Fire Department, staff has been involved in negotiations, healthcare insurance comparisons, etc. Councilmember Plunkett observed the City was responsible for healthcare of the 33 LEOFF 1 members. He asked how much was budgeted per year for their healthcare expenses. Ms. Humann answered approximately $500,000 is budgeted per year. Councilmember Plunkett observed one person could expend $500,000 in a catastrophic situation. Ms. Humann explained all cities that hired LEOFF 1 individuals are now responsible for the costs associated with their medical care; none of the cites receive any funding for those costs. Councilmember Plunkett asked if the LEOFF 1 members had any insurance, noting when they reached age 65, they would be covered by Medicare. Ms. Humann explained the LEOFF 1 individuals are covered under the City’s Regence A healthcare plan. The City is responsible for the premiums, co-pays for medication and anything that is not covered by Regence that the Disability Board, comprised of two Councilmembers, LEOFF 1 members, Human Resources Assistant MaryAnn Hardie and herself, deems medically necessary. The City does not have long term care insurance for these individuals as it is cost prohibitive. For example one individual’s long term care is approximately $85,000/year. Councilmember Plunkett asked how many members were close to age 65. Ms. Humann answered the average age is 74, the oldest is 89 and the youngest is 63. Councilmember Plunkett pointed out once the individuals reached age 65, they were covered by Medicare. Ms. Humann pointed out there were many expenses that Medicare did not pay such as long term care. Councilmember Buckshnis recalled former Mayor Haakenson, Ms. Humann and she discussed this previously; the City is unable to fund the entire liability. Ms. Humann agreed, noting it was a $10 million liability. Councilmember Buckshnis summarized according to actuaries and what other cities do, Edmonds is fully funded. 4. QUESTIONS Questions were asked following each department’s presentation. 5. MAYOR’S COMMENTS Mayor Cooper suggested Councilmembers address priorities or other budget considerations that were not addressed in tonight’s presentation. Mayor Cooper reviewed next steps: • Councilmembers Wilson and Fraley-Monillas will be provided the presentation on Friday. • His office is in the final stages of development of an online community survey that will allow citizens to rank their priorities as well as rate the performance of the City in a variety of areas. Packet Page 45 of 319 Edmonds City Council Draft Minutes August 31, 2010 Page 22 • When the September economic forecast is released, a determination will be made regarding whether further cuts are needed. • Survey feedback will also assist with determining where cuts can be made. • A streamlined version of this presentation will be provided to community stakeholder groups. • The preliminary Mayor’s budget will be presented to the Council in early October. 6. COUNCIL COMMENTS Councilmember Buckshnis suggested posting the PowerPoint presentation on the City’s website. She referred to a list of budget actions taken by other cities that she provided at the last Council meeting. Councilmember Petso advised she would follow-up via email with any further comments/questions. Councilmember Peterson thanked staff for the presentation, remarking it was very eye-opening. His priorities included: • Investment in IT staff and infrastructure as it would also benefit other departments. • Requests for employees – although Edmonds has historically done more with less, at some point less is done with less. Councilmember Plunkett thanked the Directors and Mayor Cooper for the presentations. Council President Bernheim also thanked staff for the presentations. He was generally favorably impressed by the wisdom and restraint exhibited by each department’s proposals. He was in favor of most of the proposals as long as there were sufficient funds available which may include higher taxes. He pointed out it was up to the citizens of Edmonds to decide what they wanted; if they want deteriorated services because they are fed up with government, that will be the result. Mayor Cooper assured the Council would be provided a balanced budget in October; expenditures will be balanced to revenue projections. It will be up to the Council to decide whether to ask voters for additional revenue. Even with a levy, those funds will not be collected in 2011; therefore the 2011 budget must be balanced with the revenue that is available. He was uncertain at this time whether the requested decision packages could be funded. 7. ADJOURN With no further business, the Council meeting was adjourned at 9:14 p.m. Packet Page 46 of 319 AM-3352   Item #: 2. D. City Council Meeting Date: 09/07/2010 Time:Consent   Submitted For:Lorenzo Hines Submitted By:Debbie Karber Department:Finance Review Committee: Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Approval of claim checks #120864 through #120962 dated August 26, 2010 for $431,895.06, and claim checks #120963 through #121100 dated September 2, 2010 for $339,226.45. Approval of payroll direct deposit and checks #49749 through #49806 for the period August 16, 2010 through August 31, 2010 for $662,509.81. Recommendation from Mayor and Staff Approval of claim checks and payroll direct deposit and checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2010 Revenue: Expenditure:1,433,631.32 Fiscal Impact: Claims: $771,121.51 Payroll: $662,509.81 Attachments claim check 8-26-10 claim checks 9-2-10 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/02/2010 11:37 AM Mayor Mike Cooper 09/02/2010 04:11 PM Final Approval Sandy Chase 09/02/2010 04:12 PM Form Started By: Debbie Karber Started On: 09/02/2010 08:58 AM Final Approval Date: 09/02/2010  Packet Page 47 of 319 Packet Page 48 of 319 08/27/2010 Voucher List City of Edmonds 1 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120864 8/26/2010 061029 ABSOLUTE GRAPHIX 810108 SHIRTS VOLLEYBALL AND SOFTBALL SHIRTS 001.000.640.575.520.310.00 819.30 9.5% Sales Tax 001.000.640.575.520.310.00 77.83 Total :897.13 120865 8/26/2010 069667 AMERICAN MARKETING 11590 PLAQUE PLAQUE FOR BENCH @ HICKMAN PARK 127.000.640.575.500.310.00 159.40 Freight 127.000.640.575.500.310.00 6.50 9.5% Sales Tax 127.000.640.575.500.310.00 15.76 Total :181.66 120866 8/26/2010 064335 ANALYTICAL RESOURCES INC RH38 EDMONDS NPDES SAMPLING 411.000.656.538.800.410.21 130.00 Total :130.00 120867 8/26/2010 066025 ANDERSON, ANGIE ANDERSON0820 PLAZA ROOM MONITORING PLAZA ROOM MONITOR FOR 8/20, 8/21 AND 001.000.640.574.100.410.00 295.00 Total :295.00 120868 8/26/2010 069751 ARAMARK 655-5075021 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 31.20 9.5% Sales Tax 001.000.640.576.800.240.00 2.96 Total :34.16 120869 8/26/2010 069751 ARAMARK 655-5075026 21580001 UNIFORM 1Page: Packet Page 49 of 319 08/27/2010 Voucher List City of Edmonds 2 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120869 8/26/2010 (Continued)069751 ARAMARK 411.000.656.538.800.240.00 67.78 9.5% Sales Tax 411.000.656.538.800.240.00 6.44 Total :74.22 120870 8/26/2010 001795 AUTOGRAPHICS 77185 PETANQUE SIGNS REVISIONS REVISING OF PETANQUE SIGNS 001.000.640.576.800.310.00 350.00 9.5% Sales Tax 001.000.640.576.800.310.00 33.25 Total :383.25 120871 8/26/2010 072044 AUTUMNS FRAMING & GALLERY LLC 7318 Lobby Mayoral Photo Frame Lobby Mayoral Photo Frame 001.000.210.513.100.490.00 50.46 9.5% Sales Tax 001.000.210.513.100.490.00 4.79 Total :55.25 120872 8/26/2010 001835 AWARDS SERVICE INC 74616 TROPHY PLAQUES PLAQUES FOR SOFTBALL TROPHIES 001.000.640.575.520.310.00 279.00 9.5% Sales Tax 001.000.640.575.520.310.00 26.51 TENNIS74644 TENNIS AWARDS 001.000.640.575.520.310.00 29.05 9.5% Sales Tax 001.000.640.575.520.310.00 2.76 Total :337.32 120873 8/26/2010 001702 AWC EMPLOY BENEFIT TRUST September 2010 SEPTEMBER 2010 AWC PREMIUMS 09/10 Fire Pension AWC Premiums 617.000.510.522.200.230.00 4,197.55 09/10 Retirees AWC Premiums 2Page: Packet Page 50 of 319 08/27/2010 Voucher List City of Edmonds 3 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120873 8/26/2010 (Continued)001702 AWC EMPLOY BENEFIT TRUST 009.000.390.517.370.230.00 27,322.73 09/10 AWC Premiums 811.000.000.231.510.000.00 261,122.77 Total :292,643.05 120874 8/26/2010 073375 BANK OF NEW YORK 4-07675 RE: #611001708 LMO UTILITY REFUND RE: 611001708 LMO UB Ref 4-07675 411.000.000.233.000.000.00 68.61 Total :68.61 120875 8/26/2010 072319 BEACH CAMP LLC BEACHCAMP12322 BEACH CAMP @ SUNSET BAY BEACH CAMP @ SUNSET BAY #12322 001.000.640.574.200.410.00 4,576.00 Total :4,576.00 120876 8/26/2010 060502 BERG, COLIN BERG12400 TAI CHI CLASSES TAI CHI #12400 001.000.640.575.540.410.00 343.70 Total :343.70 120877 8/26/2010 072005 BROCKMANN, KERRY BROCKMANN12518 YOGA CLASSES PILATES YOGA FUSION #12528 001.000.640.575.540.410.00 163.80 YOGA #12518 001.000.640.575.540.410.00 220.50 Total :384.30 120878 8/26/2010 071510 BUCK, ALICIA BUCK12242 ART FOR KIDZ ART FOR KIDZ - MINI MARKERS #12242 001.000.640.574.200.410.00 408.80 ART FOR KIDZ - MINI MARKERS #12244 001.000.640.574.200.410.00 459.90 Total :868.70 120879 8/26/2010 071766 CAMPBELL, CONNIE CAMPBELL12719 SKAGIT BAY KAYAK TOUR SKAGIT BAY KAYAK TOUR #12719 3Page: Packet Page 51 of 319 08/27/2010 Voucher List City of Edmonds 4 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120879 8/26/2010 (Continued)071766 CAMPBELL, CONNIE 001.000.640.574.200.410.00 248.40 Total :248.40 120880 8/26/2010 073029 CANON FINANCIAL SERVICES 10226873 INV# 10226873 CUST# 572105 EDMONDS PD copier rental 001.000.410.521.100.450.00 581.60 9.5% Sales Tax 001.000.410.521.100.450.00 55.25 Total :636.85 120881 8/26/2010 068484 CEMEX 9419530677 REPLACES LOST CK 119817 7/1/10 Storm - Dump Fees 411.000.652.542.320.490.00 40.71 REPLACES LOST CK 119817 7/1/109419530680 Roadway - Asphalt 111.000.653.542.310.310.00 245.00 9.5% Sales Tax 111.000.653.542.310.310.00 23.28 REPLACES LOST CK 119817 7/1/109419571417 Storm Dump Fees 411.000.652.542.320.490.00 164.00 REPLACES LOST CK 119817 7/1/109419571418 Street - Asphalt 111.000.653.542.610.310.00 717.82 9.5% Sales Tax 111.000.653.542.610.310.00 68.19 REPLACES LOST CK 119817 7/1/109419579507 Storm - Dump Fees 411.000.652.542.320.490.00 76.62 REPLACES LOST CK 119817 7/1/109419579508 Roadway - Asphalt 111.000.653.542.310.310.00 464.10 9.2% Sales Tax 111.000.653.542.310.310.00 42.70 4Page: Packet Page 52 of 319 08/27/2010 Voucher List City of Edmonds 5 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,842.421208818/26/2010 068484 068484 CEMEX 120882 8/26/2010 069457 CITY OF EDMONDS E0LA E0LA.ROW CONSTRUCTION PERMIT E0LA.ROW Construction Permit 116.000.651.519.920.410.00 260.00 Total :260.00 120883 8/26/2010 019215 CITY OF LYNNWOOD 8076 INV# 8076 CUST#47 EDMONDS PD - JUNE R&B PRISONER R&B JUNE 2010 001.000.410.523.600.510.00 1,382.83 INV# 8082 CUST#47 EDMONDS JULY 2010 R&B8082 PRISONER R&B JULY 2010 001.000.410.523.600.510.00 466.25 INV 8086 CUST#45 EDMONDS PD8086 NARC NEXTEL PHONES - JULY 2010 104.000.410.521.210.420.00 56.37 INV #8087 CUST # 1430 EDMONDS PD8087 VERIZON PHONES FOR NARCS 104.000.410.521.210.420.00 51.23 Total :1,956.68 120884 8/26/2010 073292 COBURN, KAI COBURN0816 OUTDOOR VOLLEYBALL ATTENDANT OUTDOOR VOLLEYBALL ATTENDANT 8/2 - 001.000.640.575.520.410.00 144.00 Total :144.00 120885 8/26/2010 073135 COGENT COMMUNICATIONS INC Aug-10 C/A CITYOED00001 Aug-10 Fiber Optics Internet Connection 001.000.310.518.870.420.00 913.50 Total :913.50 120886 8/26/2010 006626 DEPT OF ECOLOGY 2011-BA0024058 BIOSOLIDS PERMIT BIOSOLIDS PERMIT 411.000.656.538.800.510.00 800.42 Total :800.42 120887 8/26/2010 006635 DEPT OF LICENSING 1033 W STORAGE TANK/LICENSE RENEWAL 5Page: Packet Page 53 of 319 08/27/2010 Voucher List City of Edmonds 6 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120887 8/26/2010 (Continued)006635 DEPT OF LICENSING STORAGE TANK/LICENSE RENEWAL 411.000.656.538.800.510.00 169.00 Total :169.00 120888 8/26/2010 029900 DEPT OF RETIREMENT SYSTEMS 00806256 J Westfall Employers portion of J Westfall Employers portion of 001.000.510.522.300.230.00 9,151.50 Total :9,151.50 120889 8/26/2010 073368 DICK, CHRISTY DICK0818 REFUND POOL RENTAL REFUND 001.000.000.239.200.000.00 160.00 Total :160.00 120890 8/26/2010 064531 DINES, JEANNIE 10-3125 MINUTE TAKING 8/16 Council Minutes 001.000.250.514.300.410.00 195.00 Total :195.00 120891 8/26/2010 073037 EDMONDS ACE HARDWARE 001210/1 PARKS & RECREATION WATCH BATTERY 001.000.640.576.800.310.00 4.79 9.5% Sales Tax 001.000.640.576.800.310.00 0.46 Total :5.25 120892 8/26/2010 007675 EDMONDS AUTO PARTS 25928 OIL 10/30 OIL 001.000.640.576.800.310.00 35.88 9.5% Sales Tax 001.000.640.576.800.310.00 3.41 ADHESIVE25970 ADHESIVE 001.000.640.576.800.310.00 6.88 9.5% Sales Tax 001.000.640.576.800.310.00 0.65 6Page: Packet Page 54 of 319 08/27/2010 Voucher List City of Edmonds 7 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :46.821208928/26/2010 007675 007675 EDMONDS AUTO PARTS 120893 8/26/2010 007775 EDMONDS CHAMBER OF COMMERCE CHAMBER0820 REFUND REFUND OF DAMAGE DEPOSIT FOR TASTE OF 001.000.000.239.200.000.00 1,500.00 Total :1,500.00 120894 8/26/2010 008705 EDMONDS WATER DIVISION 1-05125 SPRINKLER SPRINKLER 001.000.640.576.800.470.00 62.91 Total :62.91 120895 8/26/2010 069924 EIMCO WATER TECHNOLOGIES 8452010 17156 GEAR MOTOR 411.000.656.538.800.310.21 1,359.00 9.5% Sales Tax 411.000.656.538.800.310.21 129.11 Total :1,488.11 120896 8/26/2010 071967 ENG, STEPHEN ENG12304 TAEKWON-DO CLASSES TAEKWON-DO BEGINNING #12304 001.000.640.574.200.410.00 44.80 Total :44.80 120897 8/26/2010 009410 EVERETT STEEL INC 455979 SUPPLIES TUBES 001.000.640.576.800.310.00 151.90 9.5% Sales Tax 001.000.640.576.800.310.00 14.43 Total :166.33 120898 8/26/2010 066378 FASTENAL COMPANY WAMOU20791 SUPPLIES SUPPLIES 001.000.640.576.800.310.00 95.80 9.5% Sales Tax 001.000.640.576.800.310.00 9.10 SUPPLIESWAMOU20826 7Page: Packet Page 55 of 319 08/27/2010 Voucher List City of Edmonds 8 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120898 8/26/2010 (Continued)066378 FASTENAL COMPANY SUPPLIES 001.000.640.576.800.310.00 144.01 Freight 001.000.640.576.800.310.00 2.40 9.5% Sales Tax 001.000.640.576.800.310.00 13.91 SUPPLIESWAMOU20827 BRUSHES 001.000.640.576.800.310.00 26.40 Freight 001.000.640.576.800.310.00 2.40 9.5% Sales Tax 001.000.640.576.800.310.00 2.74 Total :296.76 120899 8/26/2010 065704 FOLSOM, ROB OMB082310 SUMMER CONCERT MANAGER CONCERT MANAGER 001.000.640.574.200.410.00 725.00 CONCERT MANAGER 117.100.640.573.100.410.00 575.00 Total :1,300.00 120900 8/26/2010 072932 FRIEDRICH, KODY FRIEDRICH12606 IRISH DANCE CLASSES IRISH DANCE FOR KIDS #12606 001.000.640.574.200.410.00 81.90 IRISH DANCE 13+ #12564 001.000.640.574.200.410.00 146.25 IRISH DANCE 13+ #12568 001.000.640.574.200.410.00 339.63 Total :567.78 120901 8/26/2010 011900 FRONTIER 425-775-1344 BEACH RANGER PHONE @ FISHING PIER BEACH RANGER PHONE @ FISHING PIER 001.000.640.574.350.420.00 54.60 YOST POOL425-775-2645 8Page: Packet Page 56 of 319 08/27/2010 Voucher List City of Edmonds 9 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120901 8/26/2010 (Continued)011900 FRONTIER YOST POOL 001.000.640.575.510.420.00 114.30 Total :168.90 120902 8/26/2010 011900 FRONTIER 425 712 0423 03 0260 1032797592 07 AFTER HOURS PHONE 411.000.656.538.800.420.00 56.34 Total :56.34 120903 8/26/2010 012199 GRAINGER 9316165035 PAINTBRUSHES CHIP PAINTBRUSHES 001.000.640.576.800.310.00 96.30 Freight 001.000.640.576.800.310.00 8.64 9.5% Sales Tax 001.000.640.576.800.310.00 9.97 SUPPORT FOOT PAD9316165043 SUPPORT FOOT PAD 001.000.640.576.800.310.00 26.60 Freight 001.000.640.576.800.310.00 8.64 9.5% Sales Tax 001.000.640.576.800.310.00 3.35 Total :153.50 120904 8/26/2010 012199 GRAINGER 9319909355 837944131 THERMOSTAT 411.000.656.538.800.310.21 80.51 9.5% Sales Tax 411.000.656.538.800.310.21 7.64 Total :88.15 120905 8/26/2010 012560 HACH COMPANY 6859990 112830 ORP SENSOR/BUFFER/SPRAY WASHER 411.000.656.538.800.310.31 1,403.75 9Page: Packet Page 57 of 319 08/27/2010 Voucher List City of Edmonds 10 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120905 8/26/2010 (Continued)012560 HACH COMPANY Freight 411.000.656.538.800.310.31 59.95 9.5% Sales Tax 411.000.656.538.800.310.31 139.07 1128306861673 PIPET TIPS/BUFFER/STD SOLUTION 411.000.656.538.800.310.31 214.41 Freight 411.000.656.538.800.310.31 26.95 9.5% Sales Tax 411.000.656.538.800.310.31 22.93 Total :1,867.06 120906 8/26/2010 067862 HOME DEPOT CREDIT SERVICES 1571145 0205 HOSE, MAT, ETC. 001.000.640.576.800.310.00 70.89 9.5% Sales Tax 001.000.640.576.800.310.00 6.73 02053202041 SUPPLIES 001.000.640.576.810.310.00 49.94 9.5% Sales Tax 001.000.640.576.810.310.00 4.74 02056282823 LAFARGE PORT 001.000.640.576.800.310.00 18.32 9.5% Sales Tax 001.000.640.576.800.310.00 1.74 02058037121 CLAMPS, ROPE, ETC. 001.000.640.576.800.310.00 46.21 9.5% Sales Tax 001.000.640.576.800.310.00 4.39 02059047764 SAKRETE 10Page: Packet Page 58 of 319 08/27/2010 Voucher List City of Edmonds 11 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120906 8/26/2010 (Continued)067862 HOME DEPOT CREDIT SERVICES 001.000.640.576.800.310.00 11.92 9.5% Sales Tax 001.000.640.576.800.310.00 1.13 Total :216.01 120907 8/26/2010 063419 INTOXIMETERS INC 310599 INV 310599 CUST # WAEDM0 EDMONDS PD DRYGAS CANISTER FOR PBTS 001.000.410.521.220.310.00 128.00 Freight 001.000.410.521.220.310.00 40.00 9.5% Sales Tax 001.000.410.521.220.310.00 15.96 Total :183.96 120908 8/26/2010 015270 JCI JONES CHEMICALS INC 479610 54278825 HYPOCHLORIT SOLUTION 411.000.656.538.800.310.53 3,159.48 9.5% Sales Tax 411.000.656.538.800.310.53 300.15 Total :3,459.63 120909 8/26/2010 063265 KAST, CAROLYNNE KAST0819 REFUND REFUND FOR DANCE CLASS 001.000.000.239.200.000.00 9.60 Total :9.60 120910 8/26/2010 073350 KAUSAL, ALAN G ENG2010-0196 Refund to Kausal permit was not Refund to Kausal permit was not 001.000.000.257.620.000.00 110.00 Total :110.00 120911 8/26/2010 073372 KUECKER, ERIKA KUECKER0823 REFUND REFUND FOR CLASS #12581 001.000.000.239.200.000.00 122.00 Total :122.00 11Page: Packet Page 59 of 319 08/27/2010 Voucher List City of Edmonds 12 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120912 8/26/2010 017135 LANDAU ASSOCIATES INC 27170 TASK ORDER 10-08.NYLANDER Task Order 10-08.Nylander 001.000.620.524.100.410.00 2,078.38 Total :2,078.38 120913 8/26/2010 018760 LUNDS OFFICE ESSENTIALS 104843 Letterhead Letterhead 001.000.210.513.100.310.00 140.30 9.5% Sales Tax 001.000.210.513.100.310.00 13.33 Total :153.63 120914 8/26/2010 018760 LUNDS OFFICE ESSENTIALS 104836 PARKS & REC LETTERHEAD PARKS & RECREATION LETTERHEAD 001.000.640.574.100.310.00 140.30 9.5% Sales Tax 001.000.640.574.100.310.00 13.33 SISTER CITY LETTERHEAD104837 LETTERHEAD 138.200.210.557.210.490.00 140.30 9.5% Sales Tax 138.200.210.557.210.490.00 13.33 CEMETERY BOARD LETTERHEAD104838 CEMETERY BOARD LETTERHEAD 130.000.640.536.500.310.00 140.30 9.5% Sales Tax 130.000.640.536.500.310.00 13.33 Total :460.89 120915 8/26/2010 018760 LUNDS OFFICE ESSENTIALS 104845 Letterhead Stationary Letterhead Stationary 001.000.310.514.230.310.00 140.30 9.5% Sales Tax 001.000.310.514.230.310.00 13.33 Total :153.63 12Page: Packet Page 60 of 319 08/27/2010 Voucher List City of Edmonds 13 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120916 8/26/2010 018760 LUNDS OFFICE ESSENTIALS 104863I EDMCTY CALCULATOR/LAMINATING POUCHES 411.000.656.538.800.310.41 65.46 9.5% Sales Tax 411.000.656.538.800.310.41 6.22 Total :71.68 120917 8/26/2010 018760 LUNDS OFFICE ESSENTIALS 104888 BUSINESS CARDS ORDER FOR PD & DEV SER. Business Cards Jeff Jones (double sides)250-00247 001.000.410.521.100.310.00 41.00 J P Robinson250-00247 001.000.410.521.100.310.00 16.00 Ross Sutton250-00247 001.000.410.521.100.310.00 16.00 Lynn K. Mandeville250-00247 001.000.410.521.100.310.00 16.00 Linda Thornquist250-00247 001.000.620.558.800.310.00 16.00 Patrick Lawler250-00247 001.000.620.558.800.310.00 16.00 9.5% Sales Tax 001.000.410.521.100.310.00 8.46 9.5% Sales Tax 001.000.620.558.800.310.00 3.04 Total :132.50 120918 8/26/2010 073322 LUTES, LEONARD ENG2010.0233 Refund to Lutes - permit not necessary. Refund to Lutes - permit not necessary. 001.000.000.257.620.000.00 100.00 Total :100.00 120919 8/26/2010 061900 MARC 0422982-IN 00-0902224 INDUSTRIAL SOLVENT 411.000.656.538.800.310.59 1,003.75 9.5% Sales Tax 411.000.656.538.800.310.59 95.35 13Page: Packet Page 61 of 319 08/27/2010 Voucher List City of Edmonds 14 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,099.101209198/26/2010 061900 061900 MARC 120920 8/26/2010 020039 MCMASTER-CARR SUPPLY CO 62281620 123106800 AIR FILTERS 411.000.656.538.800.310.21 309.20 Freight 411.000.656.538.800.310.21 18.04 Total :327.24 120921 8/26/2010 070381 MICHEL CONSTRUCTION INC ENG2008.0464 Refund for Michel Const. Original water Refund for Michel Const. Original water 001.000.000.257.620.000.00 6,356.00 Refund: Michel Construction. OriginalENG20080463 Refund: Michel Construction. Original 001.000.000.257.620.000.00 2,927.30 Total :9,283.30 120922 8/26/2010 073252 MILNER, STUART MILNER0823 GRASS VOLLEYBALL LEAGUE GRASS VOLLEYBALL LEAGUE SUPERVISOR 001.000.640.575.520.410.00 40.00 Total :40.00 120923 8/26/2010 073373 MULLEN, ANDALYN MULLEN0824 REFUND REFUND OF DAMAGE DEPOSIT FOR PLAZA ROOM 001.000.000.239.200.000.00 500.00 Total :500.00 120924 8/26/2010 064570 NATIONAL SAFETY INC 0278671-IN EDM110 GAS MONITOR 411.000.656.538.800.310.12 621.77 Freight 411.000.656.538.800.310.12 11.24 9.5% Sales Tax 411.000.656.538.800.310.12 60.15 Total :693.16 120925 8/26/2010 065999 NATIONAL TESTING NETWORK 472 Annual FF Testing License 14Page: Packet Page 62 of 319 08/27/2010 Voucher List City of Edmonds 15 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120925 8/26/2010 (Continued)065999 NATIONAL TESTING NETWORK Annual FF Testing License 001.000.510.522.300.410.00 3,960.00 9.5% Sales Tax 001.000.510.522.300.410.00 376.20 Total :4,336.20 120926 8/26/2010 061013 NORTHWEST CASCADE INC 1-167880 HONEY BUCKET RENTAL STANDARD & HANDICAPPED RENTAL OF 001.000.640.576.800.450.00 1,121.59 HONEY BUCKET RENTAL1-170308 HONEY BUCKET RENTAL: CIVIC CENTER 001.000.640.576.800.450.00 189.87 HONEY BUCKET RENTAL1-171910 HONEY BUCKET RENTAL: EDMONDS ELEMENTARY 001.000.640.576.800.450.00 189.87 HONEY BUCKET RENTAL1-172517 HONEY BUCKET RENTAL: MADRONA ELEMENTARY 001.000.640.576.800.450.00 101.20 Total :1,602.53 120927 8/26/2010 025889 OGDEN MURPHY AND WALLACE 685412 Legislative Legal Fees for July 2010 Legislative Legal Fees for July 2010 001.000.110.511.100.410.00 3,728.90 Total :3,728.90 120928 8/26/2010 072876 OPENSHAW, DOUG OPENSHAW0819 REFUND REFUND - CLASS CANCELLED 001.000.000.239.200.000.00 39.00 Total :39.00 120929 8/26/2010 070266 OSBORNE APPLIANCE 0000010862 RECYCLE REFRIGERATOR RECYCLE REFRIGERATOR 001.000.640.576.800.480.00 40.00 9.5% Sales Tax 001.000.640.576.800.480.00 3.80 15Page: Packet Page 63 of 319 08/27/2010 Voucher List City of Edmonds 16 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :43.801209298/26/2010 070266 070266 OSBORNE APPLIANCE 120930 8/26/2010 027165 PARKER PAINT MFG. CO.INC.956010 PAINT BLACK PAINT 001.000.640.576.800.310.00 18.90 9.5% Sales Tax 001.000.640.576.800.310.00 1.80 Total :20.70 120931 8/26/2010 066412 PARKS & RECREATION DAYCAMP CAMPCASH0825 DAYCAMP PETTY CASH REIMBURSEMENT DAYCAMP SUPPLIES 001.000.640.575.530.310.00 301.37 DAYCAMP TRAVEL 001.000.640.575.530.430.00 72.15 DAYCAMP MISC. 001.000.640.575.530.490.00 33.21 Total :406.73 120932 8/26/2010 007800 PETTY CASH 6/30-8/24/10 Refreshments Mayor's Meeting Refreshments Mayor's Meeting 001.000.210.513.100.310.00 51.48 Supplies for Mayor's Farewell Reception 001.000.210.513.100.310.00 16.35 May-10 Mayor's Mileage Reimb 001.000.210.513.100.430.00 26.50 Batteries - Engineering 001.000.620.532.200.490.00 14.22 Mileage & Parking R English ICC Mtg 001.000.620.532.200.430.00 21.50 Refreshments & supplies for Mayor 001.000.210.513.100.490.00 47.68 Pop for Economic Devlpmnt Commission Mtg 001.000.240.513.110.310.00 31.70 Plaster of Paris for Jr Naturalist Camp 001.000.640.574.350.310.00 15.31 Pop for Economich Devlpmnt Commission 16Page: Packet Page 64 of 319 08/27/2010 Voucher List City of Edmonds 17 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120932 8/26/2010 (Continued)007800 PETTY CASH 001.000.240.513.110.310.00 14.87 Mileage-Lora Petso WRIA Mtg 001.000.110.511.100.430.00 22.92 Total :262.53 120933 8/26/2010 008350 PETTY CASH - PARKS & REC PCASH0825 PETTY CASH REIMBURSEMENT GENERIC SISTER CITY BUSINESS CARDS 138.200.210.557.210.490.00 20.00 AVERY BUSINESS CARDS 001.000.640.574.200.310.00 18.39 CEMETERY BOARD SUPPLIES 130.000.640.536.500.310.00 21.47 BATTERIES 001.000.640.576.800.310.00 15.65 PRESCHOOL FILING SUPPLIES 001.000.640.575.560.310.00 7.64 TALLY COUNTER 001.000.640.575.510.310.00 12.03 SUPPLIES FOR MEETING 117.100.640.573.100.310.00 3.15 WEIGHT ROOM CLEANING SUPPLIES 001.000.640.575.540.310.00 9.30 PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 9.29 SHRIMP FOR TOUCH TANK 001.000.640.574.350.310.00 7.01 PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 17.54 MILEAGE REIMURSEMENT 001.000.640.574.350.430.00 14.00 SISTER CITY SUPPLIES 138.200.210.557.210.490.00 68.44 BATTERIES/DISCOVERY PROGRAM 001.000.640.574.350.310.00 12.00 PARKING 17Page: Packet Page 65 of 319 08/27/2010 Voucher List City of Edmonds 18 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120933 8/26/2010 (Continued)008350 PETTY CASH - PARKS & REC 117.100.640.573.100.490.00 11.00 Total :246.91 120934 8/26/2010 073231 POLYDYNE INC 552675 101859 POLYMER 411.000.656.538.800.310.51 7,436.00 Total :7,436.00 120935 8/26/2010 071811 PONY MAIL BOX & BUSINESS CTR 186317 2000 UPS/LABOR & INDUSTRIES 411.000.656.538.800.420.00 8.97 Total :8.97 120936 8/26/2010 030780 QUIRING MONUMENTS INC 110690 MARKER MARKER: HANKS 130.000.640.536.200.340.00 316.00 INSCRIPTION110691 INSCRIPTION: CHRISTENSEN 130.000.640.536.200.340.00 80.00 INSCRIPTION110692 INSCRIPTION: BROWN 130.000.640.536.200.340.00 80.00 INSCRIPTION110693 INSCRIPTION: TAYLOR 130.000.640.536.200.340.00 80.00 INSCRIPTION110694 INSCRIPTION: SCHOPPERT 130.000.640.536.200.340.00 80.00 FOUNDATION110695 CEMENT FOUNDATION: CASARI 130.000.640.536.200.340.00 105.00 Total :741.00 120937 8/26/2010 070955 R&R STAR TOWING 63428 INV# 63428 EDMONDS PD CASE 10-3093 TOW TOYOTA 55192X CASE 10-3093 001.000.410.521.220.410.00 158.00 18Page: Packet Page 66 of 319 08/27/2010 Voucher List City of Edmonds 19 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120937 8/26/2010 (Continued)070955 R&R STAR TOWING 9.5% Sales Tax 001.000.410.521.220.410.00 15.01 Total :173.01 120938 8/26/2010 066948 RAY ALLEN MFG CO INC 258211 INV# 258211 WA0200 EDMONDS PD GRIP-IT 25' LINES 001.000.410.521.260.310.00 53.90 Freight 001.000.410.521.260.310.00 10.00 Total :63.90 120939 8/26/2010 073367 RESCUE ROOTER ENG2010.0309 Refund for side sewer permit - Refund for side sewer permit - 001.000.000.257.620.000.00 170.00 Total :170.00 120940 8/26/2010 073369 ROBINSON, KIMBERLY ROBINSON0819 REFUND REFUND FOR WOTS 001.000.000.239.200.000.00 106.00 Total :106.00 120941 8/26/2010 065708 SCCIT 8851 MEMBERSHIP DUES - SCCIT Membership Dues - SCCIT 001.000.620.532.200.490.00 350.00 Total :350.00 120942 8/26/2010 073330 SCHMOLL, MELISSA (ARTHUR)ARTHUR0713 REPLACES LOST CK 120183 7/22/10 RETURN OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 500.00 Total :500.00 120943 8/26/2010 036509 SIGNATURE FORMS INC 1101766 UB Return Envelopes UB Return Envelopes 411.000.654.534.800.310.00 117.50 UB Return Envelopes 411.000.655.535.800.310.00 153.41 19Page: Packet Page 67 of 319 08/27/2010 Voucher List City of Edmonds 20 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120943 8/26/2010 (Continued)036509 SIGNATURE FORMS INC UB Return Envelopes 411.000.652.542.900.310.00 55.49 Freight 411.000.654.534.800.310.00 15.06 Freight 411.000.655.535.800.310.00 19.67 Freight 411.000.652.542.900.310.00 7.11 9.5% Sales Tax 411.000.654.534.800.310.00 12.59 9.5% Sales Tax 411.000.655.535.800.310.00 16.44 9.5% Sales Tax 411.000.652.542.900.310.00 5.95 Total :403.22 120944 8/26/2010 065803 SKYHAWKS SPORTS ACADEMY SKYHAWKS12342 SPORTS CAMPS SPORTS CAMP #12342 001.000.640.575.520.410.00 234.00 SPORTS CAMP #12346 001.000.640.575.520.410.00 504.00 SPORTS CAMP #12352 001.000.640.575.520.410.00 696.00 SPORTS CAMPSKYHAWKS12351 SPORTS CAMP #12351 001.000.640.575.520.410.00 480.00 SKYHAWKS SUMMER CAMPSSKYHAWKS12361 SKYHAWKS CAMP #12361 001.000.640.575.520.410.00 603.00 SKYHAWKS CAMP #12356 001.000.640.575.520.410.00 368.00 Total :2,885.00 120945 8/26/2010 037375 SNO CO PUD NO 1 2001-6027-1 UTILITIES 9537 BOWDOIN WAY 20Page: Packet Page 68 of 319 08/27/2010 Voucher List City of Edmonds 21 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120945 8/26/2010 (Continued)037375 SNO CO PUD NO 1 001.000.640.576.800.470.00 2,310.08 Total :2,310.08 120946 8/26/2010 037375 SNO CO PUD NO 1 116903134 2030-9778-7 SNO PUD 411.000.656.538.800.471.61 21,522.57 9.5% Sales Tax 411.000.656.538.800.471.61 1,291.36 Total :22,813.93 120947 8/26/2010 063941 SNO CO SHERIFFS OFFICE JULY 2010 - MEDS JULY 2010 INMATE MEDS - EDMONDS INMATE MEDS - JULY 2010 001.000.410.523.600.310.00 829.35 Total :829.35 120948 8/26/2010 065176 SNOHOMISH CO TOURISM BUREAU Edm0710 SNO CO VISITOR BUREAU TOURISM PROMOTION Tourism Promotion Agreement from 120.000.310.575.420.440.00 3,000.00 Total :3,000.00 120949 8/26/2010 006630 SNOHOMISH COUNTY I000252858 SOLID WASTE CHARGES #56503 SOLID WASTE CHARGES 001.000.640.576.800.470.00 1,481.00 Total :1,481.00 120950 8/26/2010 073374 SOUL PURPOSE SOULPURPOSE0829 CITY PARK CONCERT CITY PARK CONCERT: 8/29/10 001.000.640.574.200.410.00 700.00 Total :700.00 120951 8/26/2010 060371 STANDARD INSURANCE CO September 2010 SEPTEMBER 2010 PREMIUMS September 2010 Premiums 811.000.000.231.550.000.00 13,590.86 Total :13,590.86 120952 8/26/2010 070864 SUPERMEDIA LLC 360003463012 C/A 360000657091 21Page: Packet Page 69 of 319 08/27/2010 Voucher List City of Edmonds 22 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120952 8/26/2010 (Continued)070864 SUPERMEDIA LLC Basic e-commerce hosting Aug-10 001.000.310.518.880.420.00 34.95 C/A 360000764828360003467185 Aug-10 Web Hosting for Internet 001.000.310.518.880.420.00 34.95 C/A 430001405909440010565694 Dec-10 P&R Directory Listing 001.000.310.518.880.420.00 130.25 Total :200.15 120953 8/26/2010 009350 THE DAILY HERALD COMPANY 1703803 Legal Notice - Soros -PLN2010-0040 Legal Notice - Soros -PLN2010-0040 001.000.620.558.600.440.00 57.40 Total :57.40 120954 8/26/2010 072146 TRUAX, BREANNE 08182010 MONITOR FOR ECONOMIC DEV MEETING 8/18/10 Monitor for Economic Dev Commission 001.000.240.513.110.490.00 36.00 Total :36.00 120955 8/26/2010 073370 UNDERDOG CONSULTING Bus Lic Ref Not in City Limits Bus Lic Refund Not in City Limits Bus Lic Refund 001.000.000.257.310.000.00 100.00 Total :100.00 120956 8/26/2010 061192 UNITED PIPE & SUPPLY 8541405 IRRIGATION SUPPLIES VALVE, EXTENSION 001.000.640.576.800.310.00 271.49 9.5% Sales Tax 001.000.640.576.800.310.00 25.79 Total :297.28 120957 8/26/2010 062693 US BANK 3330 CREDIT CARD TRANSACTIONS SIGNS 127.000.640.575.500.310.00 1,609.00 JUICE & WATER FOR SISTER CITY 22Page: Packet Page 70 of 319 08/27/2010 Voucher List City of Edmonds 23 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120957 8/26/2010 (Continued)062693 US BANK 138.200.210.557.210.490.00 10.55 CREDIT CARD TRANSACTIONS8669 DAYCAMP SUPPLIES: PLAYCHUTE 001.000.640.575.530.310.00 89.99 INK CARTRIDGE FOR POOL 001.000.640.575.510.310.00 107.30 GAS CAN 001.000.640.576.800.310.00 137.90 DAYCAMP SUPPLIES: TATTOOS, NECKLACES, 001.000.640.575.530.310.00 70.88 DAYCAMP - BUS TRANSPORTATION 001.000.640.575.530.430.00 105.00 ARTS BULLETIN 117.200.640.573.100.490.00 266.10 LADYBUGS 001.000.640.576.800.310.00 57.89 VALUE ADDED TO ORCA BUS PASS 001.000.640.575.530.430.00 100.00 ICE SKATING FOR SENIOR CAMPERS 001.000.640.575.530.490.00 110.00 GYMNASTICS SUMMER CAMP CRAFT SUPPLIES 001.000.640.575.550.310.00 101.86 GLUE FOR CAMP GOODTIME 001.000.640.575.530.310.00 13.70 GYMNASTICS SUPPLIES 001.000.640.575.550.310.00 111.20 POPSICLES FOR JR. COUNSELOR RECOGNITION 001.000.640.574.200.310.00 17.00 VALUE ADDED TO ORCA BUS PASS 001.000.640.575.530.430.00 180.00 GYMNASTICS SUPPLIES: HARDWARE 001.000.640.575.550.310.00 50.64 Total :3,139.01 120958 8/26/2010 062693 US BANK 2462 SaberLogic - Eden Report Scheduler for 23Page: Packet Page 71 of 319 08/27/2010 Voucher List City of Edmonds 24 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120958 8/26/2010 (Continued)062693 US BANK SaberLogic - Eden Report Scheduler for 001.000.620.532.200.490.00 45.00 CDW-G Laptop Cases Water/Sewer 411.000.654.534.800.310.00 43.00 CDW-G Laptop Cases Water/Sewer 411.000.655.535.800.310.00 43.00 CDW-G 2-Ram Memory 1 GB 001.000.310.518.880.310.00 72.43 Domain Name Registration 001.000.310.518.880.490.00 12.95 AutomatioDirect.com-Touch screen 411.000.654.534.800.490.00 262.00 AutomatioDirect.com-Touch screen 411.000.655.535.800.490.00 262.00 Buy-com - Laptop replacement batteries 001.000.310.518.880.310.00 50.98 PrinterTechs - Supplies 001.000.310.518.880.310.00 208.00 CDW-G Supplies 001.000.310.518.880.310.00 165.53 CDW-G HP Inkjet printer combo back 001.000.230.512.500.310.00 72.96 Ace Hardware - Smart Straw 001.000.310.518.880.310.00 4.37 Craigs List Ad-Acct Assistant3280 Craigs List Ad-Acct Assistant 001.000.310.514.230.440.00 25.00 Business & Legal Reports-Family/Medical 001.000.220.516.100.310.00 140.40 Craigs List Ad Asst to the Mayor 001.000.210.513.100.490.00 25.00 AWC D Humann Budgeting 101 001.000.220.516.100.490.00 100.00 GFOA D Sharp Webinar Performance Mgmnt3470 24Page: Packet Page 72 of 319 08/27/2010 Voucher List City of Edmonds 25 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120958 8/26/2010 (Continued)062693 US BANK GFOA D Sharp Webinar Performance Mgmnt 001.000.310.514.230.490.00 85.00 GFOA D Sharp Webinar Government 001.000.310.514.230.490.00 35.00 WFOA D Sharp Revenue Forecasting 7/14/10 001.000.310.514.230.490.00 35.00 Shoplet - Laptop Tags/Tape Dispenser/ 001.000.310.514.230.310.00 50.47 Shoplet - Monitor Stand/Stapler & 001.000.310.514.230.310.00 84.63 AWC D Sharp Budget Workshop 8/18/10 001.000.310.514.230.490.00 175.00 Total :1,997.72 120959 8/26/2010 069592 USA MOBILITY WIRELESS T0298897H INV T0298897H ACCT 0298897-0 EDMONDS PD PAGERS 001.000.410.521.100.420.00 190.39 Total :190.39 120960 8/26/2010 067865 VERIZON WIRELESS 0896390331 C/A 671247844-00001 Cell Service-Bldg 7/13-8/12/10 001.000.620.524.100.420.00 120.20 Cell Service-Eng 7/13-8/12/10 001.000.620.532.200.420.00 144.24 Cell Service Fac-Maint 7/13-8/12/10 001.000.651.519.920.420.00 115.74 Cell Service-Parks Discovery Program 001.000.640.574.350.420.00 15.52 Cell Service Parks Maint 7/13-8/12/10 001.000.640.576.800.420.00 59.31 Cell Service-PD 7/13-8/12/10 001.000.410.521.220.420.00 567.98 Cell Service-Planning 7/13-8/12/10 001.000.620.558.600.420.00 26.58 Cell Service-PW Street 7/13-8/12/10 25Page: Packet Page 73 of 319 08/27/2010 Voucher List City of Edmonds 26 10:57:54AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120960 8/26/2010 (Continued)067865 VERIZON WIRELESS 111.000.653.542.900.420.00 26.58 Cell Service-PW Storm 7/13-8/12/10 411.000.652.542.900.420.00 26.58 Cell Service-PW Water 7/13-8/12/10 411.000.655.535.800.420.00 41.86 Cell Service-PW Water 7/13-8/12/10 411.000.654.534.800.420.00 41.86 Cell Service-PW Fleet 7/13-8/12/10 511.000.657.548.680.420.00 13.61 Cell Service-WWTP 7/13-8/12/10 411.000.656.538.800.420.00 39.89 Total :1,239.95 120961 8/26/2010 070717 WSU URBAN & PESTICIDE SAFETY WSU082310 PESTICIDE RECERTIFICATION TRAINING PESTICIDE RECERTIFICATION TRAINING FOR: 001.000.640.576.800.490.00 300.00 Total :300.00 120962 8/26/2010 070432 ZACHOR & THOMAS PS INC 920 August, 2010 Retainer August, 2010 Retainer 001.000.360.515.230.410.00 11,330.00 Total :11,330.00 Bank total :431,895.0699 Vouchers for bank code :front 431,895.06Total vouchers :Vouchers in this report99 26Page: Packet Page 74 of 319 09/02/2010 Voucher List City of Edmonds 1 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120963 8/30/2010 071184 PROCOM 2010-1335 PROF SERV FIBER OPTIC PROJ 5/1-6/30/10 Prepare response from CM Buckshnis 001.000.310.518.870.410.00 187.50 Total :187.50 120964 9/2/2010 066054 ADIX'S BED & BATH FOR DOGS AND SEPT 2010 ANIMAL BOARDING FOR 8/10 EDMONDS AC ANIMAL BOARDING FOR 9/2010 001.000.410.521.700.410.00 2,032.66 Total :2,032.66 120965 9/2/2010 071177 ADVANTAGE BUILDING SERVICES 10-400 JANITORIAL SERVICE JANITORIAL SERVICE 411.000.656.538.800.410.23 334.00 FLOORING MAINTENANCE10-401 FLOORING MAINTENANCE 411.000.656.538.800.410.23 273.33 Total :607.33 120966 9/2/2010 065568 ALLWATER INC 082610036 COEWASTE DRINKING WATER 411.000.656.538.800.310.11 30.80 9.5% Sales Tax 411.000.656.538.800.310.11 2.93 Total :33.73 120967 9/2/2010 069667 AMERICAN MARKETING 11620 BRONZE PLAQUES CRAM & SUTHERLAND PLAQUES FOR HAINES 127.000.640.575.500.310.00 318.80 Freight 127.000.640.575.500.310.00 8.50 9.5% Sales Tax 127.000.640.575.500.310.00 31.09 Total :358.39 120968 9/2/2010 066025 ANDERSON, ANGIE ANDERSON0829 PLAZA ROOM MONITOR 1Page: Packet Page 75 of 319 09/02/2010 Voucher List City of Edmonds 2 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120968 9/2/2010 (Continued)066025 ANDERSON, ANGIE PLAZA ROOM MONITOR 8/29/10 001.000.640.574.100.410.00 165.00 Total :165.00 120969 9/2/2010 069751 ARAMARK 655-5086920 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 31.20 9.5% Sales Tax 001.000.640.576.800.240.00 2.96 Total :34.16 120970 9/2/2010 069751 ARAMARK 655-5086925 21580001 UNIFORM SERVICE 411.000.656.538.800.240.00 67.13 9.5% Sales Tax 411.000.656.538.800.240.00 6.38 Total :73.51 120971 9/2/2010 069751 ARAMARK 655-5043980 STREET/STORM UNIFORM SVC Street Storm Uniform Svc 111.000.653.542.900.240.00 2.37 Street Storm Uniform Svc 411.000.652.542.900.240.00 2.36 9.5% Sales Tax 111.000.653.542.900.240.00 0.23 9.5% Sales Tax 411.000.652.542.900.240.00 0.22 PW MATS655-5055680 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 9.5% Sales Tax 2Page: Packet Page 76 of 319 09/02/2010 Voucher List City of Edmonds 3 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120971 9/2/2010 (Continued)069751 ARAMARK 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 STREET/STORM UNIFORM SVC655-5055681 Street Storm Uniform Svc 111.000.653.542.900.240.00 2.37 Street Storm Uniform Svc 411.000.652.542.900.240.00 2.36 9.5% Sales Tax 111.000.653.542.900.240.00 0.23 9.5% Sales Tax 411.000.652.542.900.240.00 0.22 FLEET UNIFORM SVC655-5055683 Fleet Uniform Svc 511.000.657.548.680.240.00 5.85 9.5% Sales Tax 511.000.657.548.680.240.00 0.56 FAC MAINT UNIFORM SVC655-5063201 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 3Page: Packet Page 77 of 319 09/02/2010 Voucher List City of Edmonds 4 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120971 9/2/2010 (Continued)069751 ARAMARK 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW MATS655-5067644 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 STREET/STORM UNIFORM SVC655-5067645 Street Storm Uniform Svc 111.000.653.542.900.240.00 2.37 Street Storm Uniform Svc 411.000.652.542.900.240.00 2.36 9.5% Sales Tax 111.000.653.542.900.240.00 0.23 4Page: Packet Page 78 of 319 09/02/2010 Voucher List City of Edmonds 5 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120971 9/2/2010 (Continued)069751 ARAMARK 9.5% Sales Tax 411.000.652.542.900.240.00 0.22 FLEET UNIFORM SVC655-5067647 Fleet Uniform Svc 511.000.657.548.680.240.00 5.85 9.5% Sales Tax 511.000.657.548.680.240.00 0.56 FAC MAINT UNIFORM SVC655-5075022 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW MATS655-5079389 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 5Page: Packet Page 79 of 319 09/02/2010 Voucher List City of Edmonds 6 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120971 9/2/2010 (Continued)069751 ARAMARK 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 FAC MAINT UNIFORM SVC655-5086921 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW MATS655-5091411 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 PW MATS 411.000.655.535.800.410.00 3.84 Total :222.53 6Page: Packet Page 80 of 319 09/02/2010 Voucher List City of Edmonds 7 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120972 9/2/2010 071124 ASSOCIATED PETROLEUM 0099057-IN 01-7500014 DIESEL FUEL 411.000.656.538.800.320.00 2,436.67 9.5% Sales Tax 411.000.656.538.800.320.00 231.49 Total :2,668.16 120973 9/2/2010 070305 AUTOMATIC FUNDS TRANSFER 56727 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #800 Printing 411.000.652.542.900.490.00 115.18 UB Outsourcing area #800 Printing 411.000.654.534.800.490.00 115.18 UB Outsourcing area #800 Printing 411.000.655.535.800.490.00 118.66 UB Outsourcing area #800 Postage 411.000.654.534.800.420.00 370.23 UB Outsourcing area #800 Postage 411.000.655.535.800.420.00 370.22 9.5% Sales Tax 411.000.652.542.900.490.00 10.94 9.5% Sales Tax 411.000.654.534.800.490.00 10.94 9.5% Sales Tax 411.000.655.535.800.490.00 11.28 OUT SOURCING OF UTILITY BILLS56759 UB Outsourcing area #100 411.000.652.542.900.490.00 89.79 UB Outsourcing area #100 411.000.654.534.800.490.00 89.79 UB Outsourcing area #100 411.000.655.535.800.490.00 92.50 UB Outsourcing area # 411.000.654.534.800.420.00 288.38 UB Outsourcing area # 411.000.655.535.800.420.00 288.38 9.5% Sales Tax 7Page: Packet Page 81 of 319 09/02/2010 Voucher List City of Edmonds 8 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120973 9/2/2010 (Continued)070305 AUTOMATIC FUNDS TRANSFER 411.000.652.542.900.490.00 8.53 9.5% Sales Tax 411.000.654.534.800.490.00 8.53 9.5% Sales Tax 411.000.655.535.800.490.00 8.79 OUT SOURCING OF UTILITY BILLS56816 UB Outsourcing area #400 Printing 411.000.652.542.900.490.00 123.47 UB Outsourcing area #400 Printing 411.000.654.534.800.490.00 123.47 UB Outsourcing area #400 Printing 411.000.655.535.800.490.00 127.20 UB Outsourcing area #400 Postage 411.000.654.534.800.420.00 397.80 UB Outsourcing area #400 Postage 411.000.655.535.800.420.00 397.79 9.5% Sales Tax 411.000.652.542.900.490.00 11.73 9.5% Sales Tax 411.000.654.534.800.490.00 11.73 9.5% Sales Tax 411.000.655.535.800.490.00 12.08 Total :3,202.59 120974 9/2/2010 072276 BADGER METER INC 88492301 Meter Inventory - M-METER-01.5-010 Meter Inventory - M-METER-01.5-010 411.000.654.534.800.342.00 2,480.00 Freight 411.000.654.534.800.342.00 81.20 9.5% Sales Tax 411.000.654.534.800.342.00 243.32 Total :2,804.52 120975 9/2/2010 061659 BAILEY'S TRADITIONAL TAEKWON BAILEY12454 TAEKWON DO CLASSES TKO CLASS #12454 8Page: Packet Page 82 of 319 09/02/2010 Voucher List City of Edmonds 9 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120975 9/2/2010 (Continued)061659 BAILEY'S TRADITIONAL TAEKWON 001.000.640.575.540.410.00 932.40 TKO CLASS #12458 001.000.640.575.540.410.00 283.50 TOT TAEKWON DO CLASSESBAILEYS12462 TOT TKO #12462 001.000.640.574.200.410.00 163.80 TOT TKO #12466 001.000.640.574.200.410.00 54.60 Total :1,434.30 120976 9/2/2010 070992 BANC OF AMERICA LEASING 011607773 Canon 5870 Copier Lease (10/1 - Canon 5870 Copier Lease (10/1 - 001.000.610.519.700.450.00 101.35 Canon 5870 Copier Lease (10/1 - 001.000.220.516.100.450.00 101.32 Canon 5870 Copier Lease (10/1 - 001.000.210.513.100.450.00 101.33 Supply charge 001.000.610.519.700.450.00 25.00 Supply charge 001.000.220.516.100.450.00 25.00 Supply charge 001.000.210.513.100.450.00 25.00 9.5% Sales Tax 001.000.610.519.700.450.00 12.01 9.5% Sales Tax 001.000.220.516.100.450.00 12.00 9.5% Sales Tax 001.000.210.513.100.450.00 11.99 Total :415.00 120977 9/2/2010 072319 BEACH CAMP LLC BEACHCAMP12323 WATER SPORTS CAMP AT SUNSET BAY BEACH CAMP #12323 001.000.640.574.200.410.00 3,076.00 9Page: Packet Page 83 of 319 09/02/2010 Voucher List City of Edmonds 10 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :3,076.00120977 9/2/2010 072319 072319 BEACH CAMP LLC 120978 9/2/2010 002500 BLUMENTHAL UNIFORM CO INC 817707 INV#817707 - EDMONDS PD - MCINTYRE OUTER SHELL FOR BALLISTIC VEST 001.000.410.521.210.240.00 149.95 9.5% Sales Tax 001.000.410.521.210.240.00 14.25 INV#823121 - EDMONDS PD - SMITH, RT823121 REPLACE PANELS TO BALLISTIC VEST 001.000.410.521.310.240.00 40.00 9.5% Sales Tax 001.000.410.521.310.240.00 3.80 INV#827427 - EDMONDS PD - MILLER827427 S/S SHIRTS - NO ZIPPER 001.000.410.521.220.240.00 131.32 CORP CHEVRONS 001.000.410.521.220.240.00 5.00 UNIFORM PANTS 001.000.410.521.220.240.00 217.00 9.5% Sales Tax 001.000.410.521.220.240.00 33.57 INV#829597 - EDMONDS PD - STRONG829597 T-SHIRTS 001.000.410.521.220.240.00 7.00 APPLY LETTERS TO GARMENTS 001.000.410.521.220.240.00 13.90 SWEATSHIRTS 001.000.410.521.220.240.00 13.00 APPLY LETTERS TO GARMENTS 001.000.410.521.220.240.00 13.00 SWEATPANTS 001.000.410.521.220.240.00 17.72 SHORT JERSEY KNIT 001.000.410.521.220.240.00 19.10 511 TDU P/C RIP PANTS 001.000.410.521.220.240.00 79.98 10Page: Packet Page 84 of 319 09/02/2010 Voucher List City of Edmonds 11 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120978 9/2/2010 (Continued)002500 BLUMENTHAL UNIFORM CO INC L/S LOOSE GEAR SHIRTS 001.000.410.521.220.240.00 59.98 SS ACADEMY SHIRTS 001.000.410.521.220.240.00 29.60 TACLITE NAVY PANTS 001.000.410.521.220.240.00 39.99 9.5% Sales Tax 001.000.410.521.220.240.00 27.86 Total :916.02 120979 9/2/2010 072356 BRINSCHWITZ, JANICE BRINSCHWITZ0826 REFUND REFUND FOR POOL 001.000.000.239.200.000.00 4.50 Total :4.50 120980 9/2/2010 072005 BROCKMANN, KERRY BROCKMANN12515 YOGA CLASSES YOGA #12515 001.000.640.575.540.410.00 408.80 PILATES RELAXED MAT #12407 001.000.640.575.540.410.00 182.00 YOGA #12507 001.000.640.575.540.410.00 168.00 YOGA #12510 001.000.640.575.540.410.00 465.50 YOGA #12512 001.000.640.575.540.410.00 539.00 Total :1,763.30 120981 9/2/2010 071766 CAMPBELL, CONNIE CAMPBELL12669 INTRODUCTORY KAYAKING @ MARINA BEACH KAYAKING @ MARINA BEACH #12669 001.000.640.574.200.410.00 321.44 Total :321.44 120982 9/2/2010 071816 CARLSON, JESSICA CARLSON12300 ART FOR KIDZ ART FOR KIDZ #12300 11Page: Packet Page 85 of 319 09/02/2010 Voucher List City of Edmonds 12 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 120982 9/2/2010 (Continued)071816 CARLSON, JESSICA 001.000.640.574.200.410.00 168.00 Total :168.00 120983 9/2/2010 003710 CHEVRON AND TEXACO BUSINESS 26214466 INV#26214466 ACCT#7898305185 EDMONDS PD FUEL FOR NARCOTICS VEHICLE 104.000.410.521.210.320.00 266.48 Total :266.48 120984 9/2/2010 019215 CITY OF LYNNWOOD 8100 INV#8100 CUST#47 - EDMONDS PD 2010 ANNUAL TRANSPORT SERVICES 001.000.410.523.600.510.00 14,739.00 Total :14,739.00 120985 9/2/2010 019215 CITY OF LYNNWOOD 8058 MEADOWDALE PLAYFIELDS JOINT MAINTENANCE & OPERATION COSTS FOR 001.000.640.576.800.510.00 32,698.17 Total :32,698.17 120986 9/2/2010 004095 COASTWIDE LABS W2224154 005302 PAPER TOWELS/SOAP/Z FOLD TOWELS 411.000.656.538.800.310.23 316.39 9.5% Sales Tax 411.000.656.538.800.310.23 30.06 Total :346.45 120987 9/2/2010 004095 COASTWIDE LABS W2224490 Fac Maint - Towels, Cleaners, Hand Fac Maint - Towels, Cleaners, Hand 001.000.651.519.920.310.00 508.92 9.5% Sales Tax 001.000.651.519.920.310.00 48.35 Total :557.27 120988 9/2/2010 073292 COBURN, KAI COBURN0830 OUTDOOR VOLLEYBALL ATTENDANT OUTDOOR VOLLEYBALL ATTENDANT FOR 8/30/10 001.000.640.575.520.410.00 36.00 12Page: Packet Page 86 of 319 09/02/2010 Voucher List City of Edmonds 13 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :36.00120988 9/2/2010 073292 073292 COBURN, KAI 120989 9/2/2010 073387 COLELLA, CAROL COLELLA0810 SOFTBALL FIELD ATTENDANT SOFTBALL FIELD ATTENDANT @ MEADOWDALE 001.000.640.575.520.410.00 440.00 Total :440.00 120990 9/2/2010 073383 COPPLE, DOUGLAS COPPLE0830 REFUND FOR DAMAGE DEPOSIT REFUND OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 500.00 Total :500.00 120991 9/2/2010 073251 DEARN-TARPLEY, SUSAN TARPLEY0823 REIMBURSEMENT MILEAGE REIMBURSEMENT FOR DISCOVERY 001.000.640.574.350.430.00 35.25 Total :35.25 120992 9/2/2010 069279 DECATUR ELECTRONICS INC 00193760 INV#00193760 WAEDMO EDMONDS PD GVP-DIRECTIONAL RADAR 001.000.410.521.710.350.00 899.00 9.5% Sales Tax 001.000.410.521.710.350.00 85.41 Total :984.41 120993 9/2/2010 029900 DEPT OF RETIREMENT SYSTEMS August 2010 drs AUGUST 2010 DRS August 2010 DRS 811.000.000.231.540.000.00 135,783.31 Total :135,783.31 120994 9/2/2010 064531 DINES, JEANNIE 10-3127 COUNCIL MINUTES 08-24 Council Minutes 001.000.250.514.300.410.00 348.00 Total :348.00 120995 9/2/2010 073382 DOOLEY ENTERPRISES INC 45400 INV#45400 - EDMONDS PD 40 S&W 180GR BRASS ENC. 001.000.410.521.400.310.00 2,080.00 13Page: Packet Page 87 of 319 09/02/2010 Voucher List City of Edmonds 14 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :2,080.00120995 9/2/2010 073382 073382 DOOLEY ENTERPRISES INC 120996 9/2/2010 068591 DOUBLEDAY, MICHAEL 08312010 STATE LOBBYIST FOR AUGUST 2010 State lobbyist charges for August 2010 001.000.610.519.700.410.00 2,585.00 Total :2,585.00 120997 9/2/2010 007253 DUNN LUMBER 30555 SUPPLIES FOR PETANQUE COURT LUMBER 001.000.640.576.800.310.00 741.70 9.5% Sales Tax 001.000.640.576.800.310.00 70.46 Total :812.16 120998 9/2/2010 060933 DYNAMIC LANGUAGE CENTER 247801 INV#247801 - EDMONDS PD KOREAN INTERPRETING #10-2940 001.000.410.521.220.410.00 52.50 Total :52.50 120999 9/2/2010 071596 EBORALL, STEVE EBORALL12482 ART CLUB ART CLUB #12482 001.000.640.574.200.410.00 254.80 ART CLUB #12485 001.000.640.574.200.410.00 233.10 Total :487.90 121000 9/2/2010 073037 EDMONDS ACE HARDWARE 001215/1 PARKS & RECREATION STAPLE 001.000.640.576.800.310.00 4.29 9.5% Sales Tax 001.000.640.576.800.310.00 0.41 PARKS & RECREATION001219/1 BOLTS, ETC. 001.000.640.576.800.310.00 11.96 9.5% Sales Tax 001.000.640.576.800.310.00 1.14 14Page: Packet Page 88 of 319 09/02/2010 Voucher List City of Edmonds 15 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :17.80121000 9/2/2010 073037 073037 EDMONDS ACE HARDWARE 121001 9/2/2010 007675 EDMONDS AUTO PARTS 26209 SPARK PLUG SPARK PLUG 001.000.640.576.800.310.00 3.25 9.5% Sales Tax 001.000.640.576.800.310.00 0.31 Total :3.56 121002 9/2/2010 007675 EDMONDS AUTO PARTS 25923 Sewer - Lock Grip Sewer - Lock Grip 411.000.655.535.800.310.00 21.98 9.5% Sales Tax 411.000.655.535.800.310.00 2.09 Total :24.07 121003 9/2/2010 007775 EDMONDS CHAMBER OF COMMERCE 062010 TOURISM PROMOTION AGREEMENT CHAMBER Tourism promotion agreement with 120.000.310.575.420.440.00 1,250.00 Total :1,250.00 121004 9/2/2010 007905 EDMONDS FAMILY MEDICINE CLINIC E810904 Testing services Testing services 001.000.220.516.210.410.00 11.00 Testing servicesE810960 Testing services 001.000.220.516.210.410.00 190.00 Testing servicesE811503 Testing services 001.000.220.516.210.410.00 23.00 Total :224.00 121005 9/2/2010 008705 EDMONDS WATER DIVISION 2-26950 LIFT STATION #3 LIFT STATION #3 411.000.655.535.800.470.00 54.28 LIFT STATION #144-34080 LIFT STATION #14 15Page: Packet Page 89 of 319 09/02/2010 Voucher List City of Edmonds 16 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121005 9/2/2010 (Continued)008705 EDMONDS WATER DIVISION 411.000.655.535.800.470.00 25.58 Total :79.86 121006 9/2/2010 073381 FACTOR, DOUGLAS & KRISTIN 4-25889 RE: #601516 UTILITY REFUND RE: #601516 UTILITY REFUND 411.000.000.233.000.000.00 48.66 Total :48.66 121007 9/2/2010 066378 FASTENAL COMPANY WAMOU20779 Sewer - Supplies Sewer - Supplies 411.000.655.535.800.310.00 13.50 9.5% Sales Tax 411.000.655.535.800.310.00 1.28 Sewer -PartsWAMOU20943 Sewer -Parts 411.000.655.535.800.310.00 24.75 9.5% Sales Tax 411.000.655.535.800.310.00 2.35 Total :41.88 121008 9/2/2010 009895 FELDMAN, JAMES A 081310 PUBLIC DEFENDER FEE PUBLIC DEFENDER FEE 001.000.390.512.520.410.00 11,010.00 Total :11,010.00 121009 9/2/2010 063181 FITTINGS INC 00075362 Unit 18 - Hose Supplies Unit 18 - Hose Supplies 511.000.657.548.680.310.00 189.93 Freight 511.000.657.548.680.310.00 11.37 9.5% Sales Tax 511.000.657.548.680.310.00 19.12 Total :220.42 121010 9/2/2010 071562 FORMA 44478 4TH AVE CULTURAL CORRIDOR SIGN PAYMENT #1 4TH AVE CULTURAL CORRIDOR 16Page: Packet Page 90 of 319 09/02/2010 Voucher List City of Edmonds 17 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121010 9/2/2010 (Continued)071562 FORMA 132.000.640.594.760.410.00 1,250.00 9.5% Sales Tax 132.000.640.594.760.410.00 118.75 Total :1,368.75 121011 9/2/2010 010665 FOSTER PEPPER PLLC 958177 LEGAL FEES FIBER OPTICS UTILITY SYS Legal fees for Fiber Optics Utility 001.000.310.518.870.410.00 97.50 Total :97.50 121012 9/2/2010 010660 FOSTER, MARLO 67 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 208.42 Total :208.42 121013 9/2/2010 011900 FRONTIER 425-206-1108 TELEMETRY LIFT STATIONS TELEMETRY LIFT STATIONS 411.000.654.534.800.420.00 145.47 TELEMETRY LIFT STATIONS 411.000.655.535.800.420.00 270.16 SEAVIEW RESERVOIR425-206-1137 SEAVIEW RESERVOIR 411.000.654.534.800.420.00 26.50 TELEMETRY LIFT STATION425-206-1141 TELEMETRY LIFT STATION 411.000.654.534.800.420.00 18.53 TELEMETRY LIFT STATION 411.000.655.535.800.420.00 34.41 TELEMETRY LIFT STATION425-206-4810 TELEMETRY LIFT STATION 411.000.654.534.800.420.00 42.32 TELEMETRY LIFT STATION 411.000.655.535.800.420.00 78.58 TELEMETRY STATIONS425-712-0417 TELEMETRY STATIONS 17Page: Packet Page 91 of 319 09/02/2010 Voucher List City of Edmonds 18 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121013 9/2/2010 (Continued)011900 FRONTIER 411.000.654.534.800.420.00 26.55 TELEMETRY STATIONS 411.000.655.535.800.420.00 26.55 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES425-712-8251 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 001.000.650.519.910.420.00 14.25 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 111.000.653.542.900.420.00 71.26 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 411.000.654.534.800.420.00 59.86 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 411.000.655.535.800.420.00 59.86 P/W FIRE ALARM, FAX LINE & 2 SPARE LINES 511.000.657.548.680.420.00 79.82 PUBLIC SAFETY BLDG ELEVATOR PHONE425-712-8347 PUBLIC SAFETY BLDG ELEVATOR PHONE 001.000.651.519.920.420.00 54.47 PUBLIC SAFETY FIRE ALARM425-775-2455 PUBLIC SAFETY FIRE ALARM 001.000.651.519.920.420.00 49.92 FRANCES ANDERSON FIRE ALARM SYSTEM425-776-3896 FRANCES ANDERSON FIRE ALARM SYSTEM 001.000.651.519.920.420.00 109.61 VACANT PW BLDG 200 DAYTON ST425-778-3297 VACANT PW BLDG 200 DAYTON ST 411.000.654.534.800.420.00 18.81 VACANT PW BLDG 200 DAYTON ST 411.000.655.535.800.420.00 34.93 Total :1,221.86 121014 9/2/2010 011910 GEOLINE BELLEVUE 306095 Water Dept GIS System Water Dept GIS System 411.000.654.534.800.640.00 7,177.00 9.5% Sales Tax 411.000.654.534.800.640.00 681.82 18Page: Packet Page 92 of 319 09/02/2010 Voucher List City of Edmonds 19 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :7,858.82121014 9/2/2010 011910 011910 GEOLINE BELLEVUE 121015 9/2/2010 068617 GLEISNER, BARBARA GLEISNER12398 TAI CHI & QIGONG CLASSES TAI CHI #12398 001.000.640.575.540.410.00 182.00 TAI CHI #12394 001.000.640.575.540.410.00 477.40 TAI CHI #12396 001.000.640.575.540.410.00 280.00 QIGONG #12580 001.000.640.575.540.410.00 294.00 QIGONG #12578 001.000.640.575.540.410.00 245.00 Total :1,478.40 121016 9/2/2010 012199 GRAINGER 9332193318 837944131 VAC/BLOWER 411.000.656.538.800.310.21 500.61 9.5% Sales Tax 411.000.656.538.800.310.21 47.56 Total :548.17 121017 9/2/2010 073388 GRYPHON TRAINING GROUP 8-31-10 WITHOUT MERCY SEMINAR - SUTTON WITHOUT MERCY 9/27-8 SUTTON 001.000.410.521.400.490.00 145.00 Total :145.00 121018 9/2/2010 012560 HACH COMPANY 6872710 112830 FILTER/GLASS FBR. 411.000.656.538.800.310.31 205.80 9.5% Sales Tax 411.000.656.538.800.310.31 19.55 Total :225.35 121019 9/2/2010 068011 HALLAM, RICHARD 68 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 146.00 19Page: Packet Page 93 of 319 09/02/2010 Voucher List City of Edmonds 20 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :146.00121019 9/2/2010 068011 068011 HALLAM, RICHARD 121020 9/2/2010 012900 HARRIS FORD INC 109668 Unit 648 - Parts Kits (2) Unit 648 - Parts Kits (2) 511.000.657.548.680.310.00 36.84 9.5% Sales Tax 511.000.657.548.680.310.00 3.50 Unit 55 - Resevior110261 Unit 55 - Resevior 511.000.657.548.680.310.00 151.98 9.5% Sales Tax 511.000.657.548.680.310.00 14.44 Unit 649 - Parts Kits (4)110274 Unit 649 - Parts Kits (4) 511.000.657.548.680.310.00 73.68 9.5% Sales Tax 511.000.657.548.680.310.00 7.00 Unit K93 - Window Switch111096 Unit K93 - Window Switch 511.000.657.548.680.310.00 53.14 9.5% Sales Tax 511.000.657.548.680.310.00 5.05 Total :345.63 121021 9/2/2010 072184 HAUSS, BERTRAND Hauss.PE License HAUSS.PE LICENSE RENEWAL Hauss.PE License Renewal 001.000.620.532.200.490.00 116.00 Total :116.00 121022 9/2/2010 073256 HEARTHSIDE & HOME BLD20100574 Refund for BLD 20100574 - address not Refund for BLD 20100574 - address not 001.000.000.257.620.000.00 75.00 Total :75.00 121023 9/2/2010 013500 HINGSON, ROBERT 66 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 22.52 20Page: Packet Page 94 of 319 09/02/2010 Voucher List City of Edmonds 21 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :22.52121023 9/2/2010 013500 013500 HINGSON, ROBERT 121024 9/2/2010 070042 IKON 83071539 INV#83071539 467070-1005305A3 EDMONDS PD COPIER RENTAL 08/13-09/12/10 001.000.410.521.100.450.00 340.00 ADDITIONAL IMAGES 001.000.410.521.100.450.00 130.81 9.5% Sales Tax 001.000.410.521.100.450.00 44.73 Total :515.54 121025 9/2/2010 070042 IKON 83083602 COPIER LEASE PARKS & RECREATION COPIER LEASE 001.000.640.574.100.450.00 498.29 Total :498.29 121026 9/2/2010 061546 INDUSTRIAL CONTROLS SUPPLY 912628 Unit 24 - Limit Switch Spring Rod Unit 24 - Limit Switch Spring Rod 511.000.657.548.680.310.00 63.10 9.5% Sales Tax 511.000.657.548.680.310.00 5.99 Total :69.09 121027 9/2/2010 014940 INTERSTATE BATTERY SYSTEMS 019886 Fac Maint - Battery Fac Maint - Battery 001.000.651.519.920.310.00 21.90 9.5% Sales Tax 001.000.651.519.920.310.00 2.08 Total :23.98 121028 9/2/2010 069264 J & K ASSOCIATES 1317 Unit 130 - Brake Shoe Supplies Unit 130 - Brake Shoe Supplies 511.000.657.548.680.310.00 304.00 Freight 511.000.657.548.680.310.00 112.00 9.5% Sales Tax 511.000.657.548.680.310.00 39.52 21Page: Packet Page 95 of 319 09/02/2010 Voucher List City of Edmonds 22 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :455.52121028 9/2/2010 069264 069264 J & K ASSOCIATES 121029 9/2/2010 065397 JOHNSON, ANDREW JOHNSON0828 PLAZA ROOM MONITOR PLAZA ROOM MONITOR 8/28/10 001.000.640.574.100.410.00 105.00 Total :105.00 121030 9/2/2010 065056 JOHNSON, TROY Johnson, Troy City Hall Lobby Monitor for 8/26/2010 City Hall Lobby Monitor for 8/26/2010 001.000.110.511.100.490.00 36.00 Total :36.00 121031 9/2/2010 062477 KEEP POSTED 14260 DISTRIBUTION OF BIRD FEST POSTERS Distribution of Bird Fest Posters 120.000.310.575.420.440.00 226.00 Total :226.00 121032 9/2/2010 071137 KIDZ LOVE SOCCER KLS12381 KIDZ LOVE SOCCER CLASSES CLASS #12381 001.000.640.574.200.410.00 966.00 CLASS #12382 001.000.640.574.200.410.00 386.40 CLASS #12383 001.000.640.574.200.410.00 627.90 CLASS #12384 001.000.640.574.200.410.00 289.80 CLASS #12385 001.000.640.574.200.410.00 289.80 CLASS #12386 001.000.640.574.200.410.00 1,110.90 CLASS #12387 001.000.640.574.200.410.00 1,110.90 CLASS #12388 001.000.640.574.200.410.00 1,207.50 CLASS #12389 001.000.640.574.200.410.00 1,014.30 22Page: Packet Page 96 of 319 09/02/2010 Voucher List City of Edmonds 23 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121032 9/2/2010 (Continued)071137 KIDZ LOVE SOCCER CLASS #12390 001.000.640.574.200.410.00 48.30 Total :7,051.80 121033 9/2/2010 068396 KPFF CONSULTING ENGINEERS 0710-108246 E8GC.SERVICES THRU 06/30/10 E8GC.Services thru 6/30/10 412.100.630.594.320.410.00 1,286.91 E8GC.Services thru 6/30/10 412.200.630.594.320.410.00 1,286.91 E8GC.Services thru 6/30/10 412.300.630.594.320.410.00 1,286.92 E2DB.SERVICES THRU 1/31/10E2DB.46 E2DB.Services thru 1/31/10 125.000.640.594.750.410.00 20,278.48 E2DB.SERVICES THRU 2/28/10E2DB.47 E2DB.Services thru 2/28/10 125.000.640.594.750.410.00 6,785.84 E2DB.SERVICES THRU 03/31/10E2DB.48 E2DB.Services thru 3/31/10 125.000.640.594.750.410.00 6,880.29 Total :37,805.35 121034 9/2/2010 068024 KRUCKEBERG BOTANIC GARDEN KRUCKEBERG12655 BOTANIC GARDEN TOUR GARDEN TOUR #12655 001.000.640.574.200.410.00 105.00 Total :105.00 121035 9/2/2010 017050 KWICK'N KLEEN CAR WASH 08052010-01 INV#08052010-01 EDMONDS PD 54 CAR WASHES @$5.03 FOR 07/10 001.000.410.521.220.480.00 271.62 Total :271.62 121036 9/2/2010 017050 KWICK'N KLEEN CAR WASH 08052010-03 City Car Washes (3) City Car Washes (3) 511.000.657.548.680.310.00 15.09 23Page: Packet Page 97 of 319 09/02/2010 Voucher List City of Edmonds 24 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :15.09121036 9/2/2010 017050 017050 KWICK'N KLEEN CAR WASH 121037 9/2/2010 073378 KYONG, SON S E2DB.TempConstEase2 E2DB.TEMP CONSTRUCTION EASEMENT.KYONG E2DB.Temp Construction Easement.Kyong 125.000.640.594.750.410.00 750.00 Total :750.00 121038 9/2/2010 073377 LANE, MELINDA S E2DB.TempConstEase1 E2DB.TEMP CONSTRUCTION EASEMENT.LANE E2DB.Temp Constrution Easement.Lane 125.000.640.594.750.410.00 250.00 Total :250.00 121039 9/2/2010 073136 LANG, ROBERT LANG0827 PLAZA ROOM MONITOR PLAZA ROOM MONITOR 8/27/10 001.000.640.574.100.410.00 40.00 Total :40.00 121040 9/2/2010 068711 LAWN EQUIPMENT SUPPLY 8010-386 THROTTLE CABLE REDMAX THROTTLE CABLE 001.000.640.576.800.310.00 10.58 Freight 001.000.640.576.800.310.00 5.11 9.5% Sales Tax 001.000.640.576.800.310.00 1.49 Total :17.18 121041 9/2/2010 018760 LUNDS OFFICE ESSENTIALS 104851 Copy paper Copy paper 001.000.610.519.700.310.00 12.33 Copy paper 001.000.220.516.100.310.00 12.33 Copy paper 001.000.210.513.100.310.00 12.34 9.5% Sales Tax 001.000.610.519.700.310.00 1.17 9.5% Sales Tax 001.000.220.516.100.310.00 1.17 24Page: Packet Page 98 of 319 09/02/2010 Voucher List City of Edmonds 25 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121041 9/2/2010 (Continued)018760 LUNDS OFFICE ESSENTIALS 9.5% Sales Tax 001.000.210.513.100.310.00 1.18 Letterhead - HR104889 Letterhead - HR 001.000.220.516.100.310.00 248.26 9.5% Sales Tax 001.000.220.516.100.310.00 23.58 Total :312.36 121042 9/2/2010 018760 LUNDS OFFICE ESSENTIALS 104933 ENVELOPES WINDOW & REGULAR ENVELOPES 001.000.640.574.100.310.00 191.97 9.5% Sales Tax 001.000.640.574.100.310.00 18.24 Total :210.21 121043 9/2/2010 018760 LUNDS OFFICE ESSENTIALS 104916 CHAIR - LORENZO Chair - Lorenzo 001.000.310.514.230.310.00 498.00 9.5% Sales Tax 001.000.310.514.230.310.00 47.31 Total :545.31 121044 9/2/2010 018760 LUNDS OFFICE ESSENTIALS 104886 DSD office supplies DSD office supplies 001.000.620.558.800.310.00 352.68 DSD Chair Mat for receptionist 2nd floor104909 DSD Chair Mat for receptionist 2nd floor 001.000.620.558.800.310.00 197.10 DSD Office Supplies104928 DSD Office Supplies 001.000.620.558.800.310.00 415.15 Total :964.93 121045 9/2/2010 018760 LUNDS OFFICE ESSENTIALS 104893 C/A 5165 ADDRESS LABELS 25Page: Packet Page 99 of 319 09/02/2010 Voucher List City of Edmonds 26 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121045 9/2/2010 (Continued)018760 LUNDS OFFICE ESSENTIALS Office Supplies 001.000.250.514.300.310.00 79.98 9.5% Sales Tax 001.000.250.514.300.310.00 7.60 Total :87.58 121046 9/2/2010 019582 MANOR HARDWARE 319053-00 Fac Maint - Chalk Supplies Fac Maint - Chalk Supplies 001.000.651.519.920.310.00 18.15 9.5% Sales Tax 001.000.651.519.920.310.00 1.72 Total :19.87 121047 9/2/2010 019583 MANPOWER INC 20760396 Temp for Ross week end 8/15/2010 Temp for Ross week end 8/15/2010 001.000.620.558.800.410.00 81.15 Total :81.15 121048 9/2/2010 019650 MASTER POOLS OF WASHINGTON INC 55558 YOST POOL SUPPLIES YOST POOL: ACID 001.000.640.576.800.310.00 79.60 9.5% Sales Tax 001.000.640.576.800.310.00 7.56 Total :87.16 121049 9/2/2010 019920 MCCANN, MARIAN 65 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.290.00 5,818.50 Total :5,818.50 121050 9/2/2010 020039 MCMASTER-CARR SUPPLY CO 63018573 123106800 STAINLESS STEEL 411.000.656.538.800.310.21 463.44 Freight 411.000.656.538.800.310.21 32.69 12310680063526716 26Page: Packet Page 100 of 319 09/02/2010 Voucher List City of Edmonds 27 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121050 9/2/2010 (Continued)020039 MCMASTER-CARR SUPPLY CO BRASS PIPE/COUPLING/CHECK VALVE/PIPE 411.000.656.538.800.310.21 232.31 Freight 411.000.656.538.800.310.21 6.50 12310680063647812 TUBE FITTING/CHECK VALVE/PIPE FITTING 411.000.656.538.800.310.21 186.01 Freight 411.000.656.538.800.310.21 5.14 Total :926.09 121051 9/2/2010 072492 MOLINA, NILDA MOLINA12470 ZUMBA CLASSES ZUMBA #12470 001.000.640.575.540.410.00 736.05 Total :736.05 121052 9/2/2010 064570 NATIONAL SAFETY INC 0279214-IN Sewer - Hvy Dty Ntrle Gloves ( 100 - Sewer - Hvy Dty Ntrle Gloves ( 100 - 411.000.655.535.800.310.00 556.50 9.5% Sales Tax 411.000.655.535.800.310.00 52.87 Total :609.37 121053 9/2/2010 024302 NELSON PETROLEUM 0435143-IN Unit 31 - Filters Unit 31 - Filters 511.000.657.548.680.310.00 70.01 9.5% Sales Tax 511.000.657.548.680.310.00 6.65 Fleet - Filter Inventory0435167-IN Fleet - Filter Inventory 511.000.657.548.680.340.40 76.38 9.5% Sales Tax 511.000.657.548.680.340.40 7.25 Total :160.29 27Page: Packet Page 101 of 319 09/02/2010 Voucher List City of Edmonds 28 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121054 9/2/2010 062204 NELSON TRUCK EQUIP CO INC 515064 Unit EQ66WR(sewer) - Alum Wedge Chest Unit EQ66WR(sewer) - Alum Wedge Chest 511.100.657.594.480.640.00 347.01 9.5% Sales Tax 511.100.657.594.480.640.00 32.97 Total :379.98 121055 9/2/2010 025217 NORTH SOUND HOSE & FITTINGS 36694 Unit 124 - 3/4" x 50" 300 PSI Red Unit 124 - 3/4" x 50" 300 PSI Red 511.000.657.548.680.310.00 144.00 9.2% Sales Tax 511.000.657.548.680.310.00 13.25 Total :157.25 121056 9/2/2010 068451 NORTHEND TRUCK EQUIPMENT INC 1024037 Unit 37 - Latches for slide out drawer Unit 37 - Latches for slide out drawer 511.000.657.548.680.310.00 38.40 Freight 511.000.657.548.680.310.00 13.67 9.5% Sales Tax 511.000.657.548.680.310.00 4.95 Total :57.02 121057 9/2/2010 066391 NORTHSTAR CHEMICAL INC 14237 260 SODIUM BISULFITE 411.000.656.538.800.310.54 893.20 9.5% Sales Tax 411.000.656.538.800.310.54 84.85 Total :978.05 121058 9/2/2010 025690 NOYES, KARIN 000 00 153 ADB Minutetaker 8/18/2010 ADB Minutetaker 8/18/2010 001.000.620.558.600.410.00 208.00 HPC Minutetaker 8/12/10000 00 155 HPC Minutetaker 8/12/10 001.000.620.558.600.410.00 165.00 28Page: Packet Page 102 of 319 09/02/2010 Voucher List City of Edmonds 29 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :373.00121058 9/2/2010 025690 025690 NOYES, KARIN 121059 9/2/2010 063511 OFFICE MAX INC 544804 Street - Supplies Street - Supplies 111.000.653.542.900.310.00 65.70 PW - Office Supplies - Sharpies 001.000.650.519.910.310.00 35.50 9.5% Sales Tax 111.000.653.542.900.310.00 6.25 9.5% Sales Tax 001.000.650.519.910.310.00 3.37 Fac Maint - Pencil Sharpener585551 Fac Maint - Pencil Sharpener 001.000.651.519.920.310.00 12.80 9.5% Sales Tax 001.000.651.519.920.310.00 1.22 Water/Sewer Manager - Printer605664 Water/Sewer Manager - Printer 411.000.654.534.800.310.00 91.50 Water/Sewer Manager - Printer 411.000.655.535.800.310.00 91.50 9.5% Sales Tax 411.000.654.534.800.310.00 8.70 9.5% Sales Tax 411.000.655.535.800.310.00 8.69 Water/Sewer Mgr - Ink & Supplies for640076 Water/Sewer Mgr - Ink & Supplies for 411.000.654.534.800.310.00 97.86 Water/Sewer Mgr - Ink & Supplies for 411.000.655.535.800.310.00 97.85 PW - Wall Clock 001.000.650.519.910.310.00 35.47 9.5% Sales Tax 411.000.654.534.800.310.00 9.30 9.5% Sales Tax 411.000.655.535.800.310.00 9.30 29Page: Packet Page 103 of 319 09/02/2010 Voucher List City of Edmonds 30 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121059 9/2/2010 (Continued)063511 OFFICE MAX INC 9.5% Sales Tax 001.000.650.519.910.310.00 3.36 PW Pen Supplies674229 PW Pen Supplies 001.000.650.519.910.310.00 19.76 9.5% Sales Tax 001.000.650.519.910.310.00 1.87 Total :600.00 121060 9/2/2010 063511 OFFICE MAX INC 652871 OFFICE SUPPLIES Office Supplies 001.000.250.514.300.310.00 177.90 9.5% Sales Tax 001.000.250.514.300.310.00 16.90 C/A 520437678846 Office Supplies 001.000.250.514.300.310.00 128.76 9.5% Sales Tax 001.000.250.514.300.310.00 12.23 OFFICE SUPPLIES771471 OFFICE SUPPLIES 001.000.250.514.300.310.00 24.78 9.5% Sales Tax 001.000.250.514.300.310.00 2.35 Total :362.92 121061 9/2/2010 068709 OFFICETEAM 31615443 TEMP HELP IN CITY CLERK'S OFFICE TEMP HELP IN CITY CLERK'S OFFICE 001.000.250.514.300.410.00 535.19 TEMP HELP IN CITY CLERK'S OFFICE31652025 TEMP HELP IN CITY CLERK'S OFFICE 001.000.250.514.300.410.00 679.60 Total :1,214.79 121062 9/2/2010 063750 ORCA PACIFIC INC 045607 YOST POOL SUPPLIES 30Page: Packet Page 104 of 319 09/02/2010 Voucher List City of Edmonds 31 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121062 9/2/2010 (Continued)063750 ORCA PACIFIC INC YOST POOL CHEMICALS 001.000.640.576.800.310.00 126.20 9.5% Sales Tax 001.000.640.576.800.310.00 11.99 Total :138.19 121063 9/2/2010 066817 PANASONIC DIGITAL DOCUMENT COM 011607770 COPIER CONTRACT COPIER CONTRACT 411.000.656.538.800.450.41 145.22 9.5% Sales Tax 411.000.656.538.800.450.41 13.45 Total :158.67 121064 9/2/2010 070003 PAXTON, LAUREL PAXTON12230 ACTING CAMP ACTING CAMP #12230 001.000.640.574.200.410.00 2,091.60 Total :2,091.60 121065 9/2/2010 069944 PECK, ELIZABETH PECK12409 PILATES CLASSES PILATES ENERGY MAT #12409 001.000.640.575.540.410.00 259.00 PILATES RELAXED MAT #12404 001.000.640.575.540.410.00 322.93 Total :581.93 121066 9/2/2010 073384 PROSTHETICS OUTREACH POF0830 REFUND REFUND DUE TO RENTAL CANCELLATION 001.000.000.239.200.000.00 150.00 Total :150.00 121067 9/2/2010 064088 PROTECTION ONE 2010551 MCC 24 hour Alarm Monitoring MCC 001.000.651.519.920.420.00 102.00 Total :102.00 121068 9/2/2010 046900 PUGET SOUND ENERGY 084-904-700-6 PUGET SOUND ENERGY 31Page: Packet Page 105 of 319 09/02/2010 Voucher List City of Edmonds 32 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121068 9/2/2010 (Continued)046900 PUGET SOUND ENERGY PUGET SOUND ENERGY 411.000.656.538.800.472.63 38.74 Total :38.74 121069 9/2/2010 046900 PUGET SOUND ENERGY 0101874006 LIBRARY LIBRARY 001.000.651.519.920.470.00 49.41 PARK & BUILDING MAINTENANCE SHOP0230757007 PARK & BUILDING MAINTENANCE SHOP 001.000.651.519.920.470.00 33.96 LIFT STATION #71916766007 LIFT STATION #7 411.000.655.535.800.470.00 33.81 PUBLIC SAFETY-POLICE,CRT & COUNCIL2753166004 PUBLIC SAFETY-POLICE,CRT & COUNCEL 001.000.651.519.920.470.00 258.86 Public Works2776365005 Public Works 001.000.650.519.910.470.00 3.54 Public Works 111.000.653.542.900.470.00 13.44 Public Works 411.000.654.534.800.470.00 13.44 Public Works 411.000.655.535.800.470.00 13.44 Public Works 511.000.657.548.680.470.00 13.44 Public Works 411.000.652.542.900.470.00 13.41 200 Dayton St-Vacant PW Bldg3689976003 200 Dayton St-Vacant PW Bldg 411.000.654.534.800.470.00 36.17 MEADOWDALE CLUBHOUSE5254926008 MEADOWDALE CLUBHOUSE 001.000.651.519.920.470.00 32.85 32Page: Packet Page 106 of 319 09/02/2010 Voucher List City of Edmonds 33 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121069 9/2/2010 (Continued)046900 PUGET SOUND ENERGY Fire Station # 165322323139 Fire Station # 16 001.000.651.519.920.470.00 93.18 SEWER LIFT STATION #95672895009 SEWER LIFT STATION #9 411.000.655.535.800.470.00 32.85 FLEET5903085008 Fleet 7110 210th St SW 511.000.657.548.680.470.00 62.90 PUBLIC SAFETY-FIRE STATION6439566008 PUBLIC SAFETY-FIRE STATION 001.000.651.519.920.470.00 129.98 ANDERSON CENTER6490327001 ANDERSON CENTER 001.000.651.519.920.470.00 683.77 LIFT STATION #88851908007 LIFT STATION #8 411.000.655.535.800.470.00 54.94 FIRE STATION #209919661109 FIRE STATION #20 001.000.651.519.920.470.00 58.73 Total :1,632.12 121070 9/2/2010 071702 RAILROAD MGMT CO III LLC 259905 Lic # 303940 LPG Aux Power Generator Lic # 303940 LPG Aux Power Generator 411.000.655.535.800.450.00 366.03 Total :366.03 121071 9/2/2010 067226 RESOURCE RECYCLING 490759 Recycle Dept - Annual Subscription 2010 Recycle Dept - Annual Subscription 2010 411.000.654.537.900.490.00 52.00 Total :52.00 121072 9/2/2010 073385 SANGREY, ANNA M SANGREY0830 REFUND OF DAMAGE DEPOSIT REFUND OF DAMAGE DEPOSIT 33Page: Packet Page 107 of 319 09/02/2010 Voucher List City of Edmonds 34 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121072 9/2/2010 (Continued)073385 SANGREY, ANNA M 001.000.000.239.200.000.00 300.00 Total :300.00 121073 9/2/2010 067076 SEATTLE PUMP AND EQUIPMENT CO 10-3030 Sewer - Grit Catcher with Rope Sewer - Grit Catcher with Rope 411.000.655.535.800.310.00 345.00 Freight 411.000.655.535.800.310.00 35.71 9.5% Sales Tax 411.000.655.535.800.310.00 36.17 Total :416.88 121074 9/2/2010 036070 SHANNON TOWING INC 194990 INV#194990 - EDMONDS PD TOWING MAZDA B2000-B06502D 001.000.410.521.220.410.00 158.00 9.5% Sales Tax 001.000.410.521.220.410.00 15.01 Total :173.01 121075 9/2/2010 065803 SKYHAWKS SPORTS ACADEMY SKYHAWKS12344 SPORTS CAMPS SKYHAWKS #12344 001.000.640.575.520.410.00 144.00 SKYHAWKS #12350 001.000.640.575.520.410.00 272.00 SKYHAWKS #12353 001.000.640.575.520.410.00 339.20 Total :755.20 121076 9/2/2010 037375 SNO CO PUD NO 1 200202547 SIGNAL LIGHT 21930 95TH AVE W SIGNAL LIGHT 21930 95th AVE W 111.000.653.542.640.470.00 30.02 SCHOOL LIGHT 20829 76TH W200202562 STREET LIGHT 111.000.653.542.640.470.00 30.02 SIGNAL LIGHT 84TH & 220TH200348233 34Page: Packet Page 108 of 319 09/02/2010 Voucher List City of Edmonds 35 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121076 9/2/2010 (Continued)037375 SNO CO PUD NO 1 Signal Light at 84th & 220th 111.000.653.542.640.470.00 62.63 LIFT STATION #3 1529 NORTHSTREAM LN200865202 LIFT STATION #3 411.000.655.535.800.470.00 107.29 SCHOOL FLASHING LIGHT 8400 219TH ST SW201151412 School Flashing Light 8400 219th St SW 111.000.653.542.640.470.00 30.02 SIGNAL LIGHT 20408 76TH201192226 SIGNAL LIGHT 111.000.653.542.640.470.00 42.59 LIBRARY201551744 LIBRARY 001.000.651.519.920.470.00 2,168.61 STREET LIGHT 19600 80TH AVE W201582152 STREET LIGHT 19600 80th Ave W 111.000.653.542.630.470.00 41.16 TRAFFIC LIGHT 20801 76TH W201611951 STREET LIGHT 111.000.653.542.640.470.00 40.74 TRAFFIC SIGNAL 9932 220TH ST SW201751476 TRAFFIC SIGNAL 9932 220th ST SW 111.000.653.542.640.470.00 89.49 TRAFFIC LIGHT 7133 212TH SW201907862 STREET LIGHT 111.000.653.542.640.470.00 39.68 Public Works201942489 Public Works 001.000.650.519.910.470.00 67.85 Public Works 111.000.653.542.900.470.00 257.82 Public Works 411.000.654.534.800.470.00 257.82 Public Works 411.000.655.535.800.470.00 257.82 35Page: Packet Page 109 of 319 09/02/2010 Voucher List City of Edmonds 36 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121076 9/2/2010 (Continued)037375 SNO CO PUD NO 1 Public Works 511.000.657.548.680.470.00 257.82 Public Works 411.000.652.542.900.470.00 257.82 FIRE STATION #20202077194 FIRE STATION #20 001.000.651.519.920.470.00 918.47 Lift Station #6 100 Pine St202087870 Lift Station #6 100 Pine St 411.000.655.535.800.470.00 192.09 TRAFFIC LIGHT 23801 HWY 99202289120 SIGNAL LIGHT 111.000.653.542.640.470.00 93.42 PUBLIC SAFETY COMPLEX202291662 PUBLIC SAFETY COMPLEX 001.000.651.519.920.470.00 4,506.56 TRAFFIC LIGHT 8602 188TH ST SW202427803 TRAFFIC LIGHT 111.000.653.542.640.470.00 30.02 CITY HALL202439246 CITY HALL 001.000.651.519.920.470.00 2,574.89 Fire station #16 Light202807632 Fire station #16 Light 001.000.651.519.920.470.00 31.32 Total :12,385.97 121077 9/2/2010 067609 SNOHOMISH COUNTY CITIES Fraley Monillas Councilwoman Fraley-Monillas - dinner Councilwoman Fraley-Monillas - dinner 001.000.110.511.100.490.00 28.00 Total :28.00 121078 9/2/2010 038100 SNO-KING STAMP 45832 Stamps and pads for DSD Stamps and pads for DSD 001.000.620.558.800.310.00 106.04 36Page: Packet Page 110 of 319 09/02/2010 Voucher List City of Edmonds 37 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :106.04121078 9/2/2010 038100 038100 SNO-KING STAMP 121079 9/2/2010 038410 SOUND SAFETY PRODUCTS 4170412-01 Water - (5) Jeans - S Leonard Water - (5) Jeans - S Leonard 411.000.654.534.800.240.00 142.50 9.5% Sales Tax 411.000.654.534.800.240.00 13.54 Total :156.04 121080 9/2/2010 068439 SPECIALTY DOOR SERVICE 29320 FS 17 - Door Repairs FS 17 - Door Repairs 001.000.651.519.920.480.00 489.38 9.5% Sales Tax 001.000.651.519.920.480.00 46.49 FS 17 - Door Repairs29338 FS 17 - Door Repairs 001.000.651.519.920.480.00 157.50 9.5% Sales Tax 001.000.651.519.920.480.00 14.96 Total :708.33 121081 9/2/2010 061782 STATE TREASURER 312 000 093 001 0005 MASTER LICENSE RENEWAL 2010 - ~ MASTER LICENSE RENEWAL 2010 - ~ 511.000.657.548.680.410.00 489.00 Total :489.00 121082 9/2/2010 009400 STELLAR INDUSTRIAL SUPPLY INC 2951241 Water - Pick Handles (2) Water - Pick Handles (2) 411.000.654.534.800.310.00 21.10 9.5% Sales Tax 411.000.654.534.800.310.00 2.00 Water - Pruning Saws (5)2955315 Water - Pruning Saws (5) 411.000.654.534.800.310.00 75.30 9.5% Sales Tax 411.000.654.534.800.310.00 7.15 37Page: Packet Page 111 of 319 09/02/2010 Voucher List City of Edmonds 38 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :105.55121082 9/2/2010 009400 009400 STELLAR INDUSTRIAL SUPPLY INC 121083 9/2/2010 040430 STONEWAY ELECTRIC SUPPLY 2274519 Yost Park - Elect Supplies Yost Park - Elect Supplies 001.000.651.519.920.310.00 188.26 9.5% Sales Tax 001.000.651.519.920.310.00 17.88 Yost Park - Elect Supplies2276881 Yost Park - Elect Supplies 001.000.651.519.920.310.00 94.13 9.5% Sales Tax 001.000.651.519.920.310.00 8.94 City Hall - Elect Supplies2279269 City Hall - Elect Supplies 001.000.651.519.920.310.00 86.26 9.5% Sales Tax 001.000.651.519.920.310.00 8.19 Total :403.66 121084 9/2/2010 072562 STUDIO3MUSIC LLC STUDIO312554 KINDERMUSIK CLASSES KINDERMUSIK #12554 001.000.640.574.200.410.00 331.80 KINDERMUSIK #12560 001.000.640.574.200.410.00 415.80 KINDERMUSIK #12556 001.000.640.574.200.410.00 141.96 Total :889.56 121085 9/2/2010 009350 THE DAILY HERALD COMPANY I01703213-07142010 E2DB.NOTICE OF DEV APP ADVERTISING E2DB.Notice of Dev App Advertising 125.000.640.594.750.410.00 141.40 Total :141.40 121086 9/2/2010 009350 THE DAILY HERALD COMPANY 1708024 C/A 101416 Ordinance 3805 001.000.250.514.300.440.00 43.96 C/A 1014161708025 38Page: Packet Page 112 of 319 09/02/2010 Voucher List City of Edmonds 39 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121086 9/2/2010 (Continued)009350 THE DAILY HERALD COMPANY Ordinance 3806 001.000.250.514.300.440.00 43.96 C/A 1014161708031 09-07 Hearing (Hwy 99) 001.000.250.514.300.440.00 70.84 C/A 1014161708032 09-07 Hearing (Medical) 001.000.250.514.300.440.00 70.84 Total :229.60 121087 9/2/2010 038315 THYSSENKRUPP ELEVATOR 615651 MONITORING-PS MONITORING-PS 9/1-9/30/10 001.000.651.519.920.480.00 41.90 SENIOR CENTER ELEVATOR MAINTENANCE623585 SENIOR CENTER ELEVATOR MAINTENANCE 001.000.651.519.920.480.00 154.98 001.000.651.519.920.480.00 14.71 SENIOR CENTER ELEVATOR MONITORING623586 SENIOR CENTER ELEVATOR MONITORING 001.000.651.519.920.480.00 12.61 Total :224.20 121088 9/2/2010 070774 ULINE INC 33903018 INV#33903018 CUST#2634605 EDMONDS PD SCRUBS IN A BUCKET 001.000.410.521.110.310.00 84.00 Freight 001.000.410.521.110.310.00 10.47 9.5% Sales Tax 001.000.410.521.110.310.00 8.97 Total :103.44 121089 9/2/2010 061192 UNITED PIPE & SUPPLY 8549934 IRRIGATION SUPPLIES REPAIR KIT 001.000.640.576.800.310.00 185.72 39Page: Packet Page 113 of 319 09/02/2010 Voucher List City of Edmonds 40 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121089 9/2/2010 (Continued)061192 UNITED PIPE & SUPPLY Freight 001.000.640.576.800.310.00 8.98 9.5% Sales Tax 001.000.640.576.800.310.00 17.64 Total :212.34 121090 9/2/2010 061192 UNITED PIPE & SUPPLY 8551588 Water Meter Inventory - M-Meter-01-010 Water Meter Inventory - M-Meter-01-010 411.000.654.534.800.342.00 2,294.40 Sales Tax 411.000.654.534.800.342.00 197.32 Total :2,491.72 121091 9/2/2010 072098 UNIVERSAL FIELD SERVICES LLC 35689 E8GA.SERVICES PERFORMED JULY 2010 E8GA.Services Performed July 2010 412.300.630.594.320.410.00 629.81 Total :629.81 121092 9/2/2010 062693 US BANK 3363 Home Depot - Unit 91 - Supplies Home Depot - Unit 91 - Supplies 511.000.657.548.680.310.00 45.25 Wesco -Unit 91 - Supplies 511.000.657.548.680.310.00 19.18 Wesco - Unit 91 - Supplies 511.000.657.548.680.310.00 36.14 Total :100.57 121093 9/2/2010 073380 US BANK NA 4-08525 RE: #7729-000079 UTILITY REFUND RE: #7229-000079 UTILITY REFUND 411.000.000.233.000.000.00 127.45 Total :127.45 121094 9/2/2010 064423 USA BLUE BOOK 216835 391128 MODULAR ODOR ADSORBER 411.000.656.538.800.310.21 679.95 Freight 40Page: Packet Page 114 of 319 09/02/2010 Voucher List City of Edmonds 41 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121094 9/2/2010 (Continued)064423 USA BLUE BOOK 411.000.656.538.800.310.21 339.64 9.5% Sales Tax 411.000.656.538.800.310.21 96.86 Total :1,116.45 121095 9/2/2010 073386 VAN SICKEL, CLIFF VAN SICKEL0830 REFUND OF DAMAGE DEPOSIT REFUND OF DAMAGE DEPOSIT 001.000.000.239.200.000.00 500.00 Total :500.00 121096 9/2/2010 067865 VERIZON WIRELESS 0899873795 C/A 571242650-0001 Blackberry Cell Phone Service Bld Dept 001.000.620.524.100.420.00 99.86 Blackberry Cell Phone Service City 001.000.250.514.300.420.00 56.85 Blackberry Cell Phone Service Court 001.000.230.512.500.420.00 113.70 Blackberry Cell Phone Service 001.000.620.558.800.420.00 56.85 Blackberry Cell Phone Service Planning 001.000.620.558.600.420.00 57.12 Blackberry Cell Phone Service Econ 001.000.610.519.700.420.00 56.85 Blackberry Cell Phone Service 001.000.620.532.200.420.00 324.24 Blackberry Cell Phone Service 001.000.651.519.920.420.00 118.69 Blackberry Cell Phone Service Finance 001.000.310.514.230.420.00 56.85 Blackberry Cell Phone Service HR 001.000.220.516.100.420.00 56.85 Blackberry Cell Phone Service IT 001.000.310.518.880.420.00 352.61 Blackberry Cell Phone Service Mayor's 001.000.210.513.100.420.00 255.57 41Page: Packet Page 115 of 319 09/02/2010 Voucher List City of Edmonds 42 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121096 9/2/2010 (Continued)067865 VERIZON WIRELESS Blackberry Cell Phone Service Parks 001.000.640.574.100.420.00 59.76 Blackberry Cell Phone Service Police 001.000.410.521.220.420.00 1,096.14 Blackberry Air Cards Police Dept 001.000.410.521.220.420.00 530.02 Blackberry Cell Phone Service PW St 111.000.653.542.900.420.00 77.81 Blackberry Cell Phone Service PW Fleet 511.000.657.548.680.420.00 61.22 Blackberry Cell Phone Service PW Water/ 411.000.654.534.800.420.00 51.63 Blackberry Cell Phone Service PW Water/ 411.000.655.535.800.420.00 51.63 Blackberry Cell Phone Service Sewer 411.000.655.535.800.420.00 103.96 Blackberry Cell Phone Service WWTP 411.000.656.538.800.420.00 153.29 Blackberry Cell Phone Service PW Admin 001.000.650.519.910.420.00 58.92 Blackberry Cell Phone Service Water 411.000.654.534.800.420.00 142.88 Total :3,993.30 121097 9/2/2010 069836 VOLT SERVICE GROUP 23363586 Temp for Building Div. 8-1 to 8/15/2010 Temp for Building Div. 8-1 to 8/15/2010 001.000.620.524.100.410.00 373.60 Total :373.60 121098 9/2/2010 069582 WAGNER CONSTRUCTION 062010 LOG CABIN - WASH/STAIN OUTSIDE OF BLDG LOG CABIN - WASH/STAIN OUTSIDE OF BLDG 120.000.310.575.420.410.50 3,302.28 9.5% Sales Tax 120.000.310.575.420.410.50 313.72 42Page: Packet Page 116 of 319 09/02/2010 Voucher List City of Edmonds 43 8:52:21AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :3,616.00121098 9/2/2010 069582 069582 WAGNER CONSTRUCTION 121099 9/2/2010 069969 WILLIAMS, PAMELA WILLIAMS0825 REIMBURSEMENT MILEAGE REIMBURSEMENT 001.000.640.574.350.430.00 137.50 Total :137.50 121100 9/2/2010 065179 WSAPT TREAS / WIN SLOTA Harrison, Marie PO 10001 WSAPT 2010 FALL CONF M HARRISON Reg Fee for WSAPT 2010 for Marie 001.000.620.524.100.490.00 65.00 Total :65.00 Bank total :339,226.45138 Vouchers for bank code :front 339,226.45Total vouchers :Vouchers in this report138 43Page: Packet Page 117 of 319 AM-3348   Item #: 2. E. City Council Meeting Date: 09/07/2010 Time:Consent   Submitted For:Sandy Chase Submitted By:Linda Hynd Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Acknowledge receipt of Claims for Damages from Lisa Hanlon ($557.45) and from Terry Canfield ($663.79). Recommendation from Mayor and Staff It is recommended that the City Council acknowledge receipt of the Claims for Damages by minute entry. Previous Council Action N/A Narrative Claims for Damages were submitted by: Lisa Hanlon 8848B Midvale Avenue N. Seattle, WA 98103 ($557.45) Terry Canfield 1050 5th Avenue #304 Edmonds, WA 98020 ($663.79) Attachments Hanlon Claim for Damages Canfield Claim for Damages Form Review Inbox Reviewed By Date Mayor Mike Cooper 09/02/2010 04:10 PM Final Approval Sandy Chase 09/02/2010 04:12 PM Form Started By: Linda Hynd Started On: 08/31/2010 02:44 PM Final Approval Date: 09/02/2010  Packet Page 118 of 319 Packet Page 119 of 319 Packet Page 120 of 319 Packet Page 121 of 319 Packet Page 122 of 319 Packet Page 123 of 319 Packet Page 124 of 319 Packet Page 125 of 319 Packet Page 126 of 319 Packet Page 127 of 319 Packet Page 128 of 319 Packet Page 129 of 319 Packet Page 130 of 319 Packet Page 131 of 319 Packet Page 132 of 319 Packet Page 133 of 319 Packet Page 134 of 319 AM-3347   Item #: 2. F. City Council Meeting Date: 09/07/2010 Time:Consent   Submitted For:Jerry Shuster Submitted By:Megan Cruz Department:Engineering Review Committee: Committee Action: Type:Action  Information Subject Title Interlocal Agreement with the Lake Ballinger/McAleer Creek Watershed Forum. Recommendation from Mayor and Staff Council authorize the Mayor to sign the Interlocal Agreement and authorize up to $2,400 towards the administrative costs of operating the Lake Ballinger/McAleer Creek Watershed Forum over the life of the agreement. Previous Council Action On July 1, 2008, Council approved a similar Interlocal Agreement and appointed a City representative to the Lake Ballinger/McAleer Creek Watershed Forum. Narrative Due to the ongoing flooding and water quality issues with Lake Ballinger and McAleer Creek, the cities of Edmonds, Mountlake Terrace, Lynnwood, Shoreline and Lake Forest Park, along with Snohomish County, joined together in 2008 to form the Lake Ballinger/McAleer Creek Watershed Forum (Forum). This watershed Forum was created in the public's best interest to create an area-wide body to develop a strategic action plan to address the water resource issues. An Interlocal Agreement (ILA) was signed by all parties in the summer of 2008 with the primary intent of completing a strategic action plan for the basin with funding provided by the grant received from the Department of Ecology. This ILA had an expiration date of June 30, 2010. The Strategic Action Plan was completed in the summer of 2009. On August 17, 2009, City Council approved a resolution adopting this Strategic Action Plan from the Forum. A Capital Improvement Plan was developed by Forum staff from the Strategic Action Plan and approved by the Forum in January 2010. The CIP listed thirteen separate projects with lead agencies for each project.  This new ILA replaces the previous one that expired on June 30, 2010 and has the primary task of implementing the adopted CIP plan (attached as Exhibit 3 to the ILA). The ILA was drafted by Staff and approved to form by attorneys representing the various jurisdictions. It was drafted assuming all six jurisdictions would participate. This version of the ILA has been approved by the City Councils of Mountlake Terrace and Lake Forest Park. The Cities of Shoreline and Lynnwood have chosen not to participate in this ILA (see attached correspondences). Snohomish County is in the process of evaluating its participation in the ILA. Fiscal Impact As written, this ILA commits the City of Edmonds to $1,200 for administrative cost to the Forum over its 12 month period (One-sixth of the total amount). This amount, however, assumes all six jurisdictions Packet Page 135 of 319 12 month period (One-sixth of the total amount). This amount, however, assumes all six jurisdictions would participate. If only Edmonds, Mountlake Terrace, and Lake Forest Park participate in the ILA, and the amount for administrative support is divided up 3 ways, it would be $2,400 per jurisdiction. If Snohomish County participates, the amount per jurisdiction would be $1,800 each. Once all jurisdictions have decided whether they are going to participate or not, the ILA would be amended to reflect the actual allocation of funding, as approved by the Forum members, to pay the administrative support costs. Staff has budgeted $100,000 for Lake Ballinger Associated projects in 2011 in accordance with the recently approved Stormwater Comprehensive Plan. Attachments Attachment 1-ILA Lake Ballinger Attachment 2-Letter form City of Shoreline Attachment 3-Email from City of Lynnwood Form Review Inbox Reviewed By Date Engineering Robert English 09/01/2010 03:44 PM Public Works Phil Williams 09/02/2010 04:57 PM City Clerk Sandy Chase 09/02/2010 05:00 PM Mayor Mike Cooper 09/03/2010 09:15 AM Final Approval Sandy Chase 09/03/2010 09:45 AM Form Started By: Megan Cruz Started On: 08/31/2010 11:41 AM Final Approval Date: 09/03/2010  Packet Page 136 of 319 Interlocal Agreement Page 1 INTERLOCAL AGREEMENT For the Governmental Jurisdictions within the Lake Ballinger/McAleer Creek Watershed Including the Cities of Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace, Shoreline and Snohomish County PREAMBLE THIS AGREEMENT ("Agreement") is entered into pursuant to Chapter 39.34 RCW by and among Snohomish County, a political subdivision of the state of Washington, and the cities of Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace, and Shoreline, all municipal corporations of the state of Washington. The parties executing this Agreement are located in King and Snohomish Counties, lying wholly or partially within the Watershed Area defined in Section 1.1 below (individually for those executing this Agreement “Member Jurisdiction” and collectively “Member Jurisdictions”). The Member Jurisdictions share interests in and responsibility for addressing long-term watershed planning and conservation and wish to provide for development of various activities and projects therein. MUTUAL COVENANTS AND AGREEMENTS 1. DEFINITIONS. For purposes of this Agreement, the following terms shall have the meaning provided for below: 1.1 WATERSHED AREA: The Watershed Area is defined as those waters draining to Lake Washington through surface and subsurface natural or constructed water conveyance systems consisting of Hall Lake, Hall Creek, Chase Lake, Echo Lake, Lake Ballinger, McAleer Creek and all other known surface and subsurface tributary drainages along with the associated pipe conveyance systems connected to existing surface conveyance as further delineated on the watershed map attached as Exhibit A and collectively known as the Lake Ballinger/McAleer Creek Watershed. Additional tributary drainage areas identified in the future that are not currently listed on Exhibit A may be added to the Exhibit A by amendment of this Agreement. 1.2 ELIGIBLE JURISDICTIONS: The governments eligible for participation in this Agreement as Member Jurisdictions are Snohomish County, and the Cities of Edmonds, Lake Forest Park, Lynnwood, Mountlake Terrace and Shoreline. 1.3 MEMBER JURISDICTION: A Member Jurisdiction as referred to herein is a government eligible for participation in this Agreement that has also executed this Agreement. 1.4 LAKE BALLINGER/McALEER CREEK WATERSHED FORUM: The Lake Ballinger/ McAleer Creek Watershed Forum (hereinafter referred to as the Forum) created herein is the governing body responsible for implementing this Agreement and is comprised of Packet Page 137 of 319 Interlocal Agreement Page 2 designated representatives of Eligible Jurisdictions who have authorized the execution of and become Member Juisdictions of this Agreement. 1.5 STRATEGIC ACTION PLAN: The Strategic Action Plan, as referred to herein, is the plan developed by the Forum and adopted by all Member Jurisdictions to address water resource issues within the Watershed Area as provided in this Agreement. The plan identifies specific actions and projects to address the identified water resource issues and is attached as Exhibit B. 1.6 CAPITAL IMPROVEMENT PLAN: The Capital Improvement Plan, as referred to herein, is the set of projects developed in the Strategic Action Plan to address the identified water resource issues. The Capital Improvement Plan lists specific projects, estimated costs, proposed funding mechanisms and project lead agency and is attached as Exhibit C. 1.7 FISCAL AGENT: The Fiscal Agent is the entity designated to perform all accounting and contract management services for the Forum, as it may require, in accordance with the requirements of Chapter 39.34 RCW. 1.8 SERVICE PROVIDER(S): The Service Provider(s), as used herein, means that individual consultant or other entity which provides a service to and for the Forum and who is directed to carry out actions as determined or assigned by the Forum, including but not limited to, preparation of meeting agendas and minutes, maintaining documents and records, researching federal and state appropriation opportunities, and researching and applying for local, state and federal grants in support of the Strategic Action Plan and the Capital Improvement Plan. 1.8.1 Service Provider Operating Fund: The Service Provider Operating Fund is the fund established for activities of the Service Provider(s) in the implementation of the Strategic Action Plan and the Capital Improvement Plan. The fund budget is set each year by action of the Forum and authorized by budget allocation from each Member Jurisdiction. 1.9 STEERING COMMITTEE and PROJECT SUBCOMMITTEES: The Steering Committee is composed of executive level staff members of each Member Jurisdiction who will provide specific guidance to technical level staff on the Project Subcommittees for each of the projects identified in the Capital Improvement Plan based on policy direction from the Forum. 2. PURPOSES. The purposes of this Agreement include the following: 2.1 To provide a mechanism and governance structure for the implementation of the Strategic Action Plan and to share the cost of Service Provider(s) to coordinate and Packet Page 138 of 319 Interlocal Agreement Page 3 provide the services necessary for the successful implementation of the Strategic Action Plan and the Capital Improvement Plan. 2.2 To provide a mechanism for securing technical assistance and any available funding from state agencies, federal agencies or other sources to implement the Strategic Action Plan and the Capital Improvement Plan in support of the Strategic Action Plan. 2.3 To provide a framework for cooperation and coordination among the member jurisdictions on issues relating to the implementation of the Strategic Action Plan and the Capital Improvement Plan. 2.4 To develop and articulate to state and federal legislators, watershed based positions on stormwater management issues, conservation issues, funding or any other issues jointly identified by the Member Jurisdictions. 2.5 To provide for the ongoing participation of citizens and other stakeholders in such efforts and to ensure continued public outreach efforts to educate and garner support for current and future watershed conservation efforts. It is not the purpose or intent of this Agreement to create, supplant, preempt or supersede the authority or role of any individual Member Jurisdiction or water quality policy body. 3. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon its execution by Eligible Jurisdictions, as authorized by each jurisdiction’s legislative body, and further provided that after such execution, this Agreement shall be posted on the web site of each Member Jurisdiction in accordance with the terms of RCW 39.34.040 and .200. Once effective, this Agreement shall remain in effect, unless terminated as provided in Section 9, until December 31, 2011; provided, however, that this Agreement may be extended for such additional terms as the Member Jurisdictions may agree to in writing. 4. ORGANIZATION AND NATURE OF THE FORUM. The Member Jurisdictions hereby establish the Forum to serve as the formal governance structure for carrying out the purposes of this Agreement. Each Member Jurisdiction shall appoint one (1) elected official or designee and an alternate (elected official or designee and alternate hereinafter referred to as designee) to serve as its representative on the Forum along with a Steering Committee representative to carry out the policy direction of the Forum. 4.1 Upon the effective execution of this Agreement and the appointment of designees from each Member Jurisdiction to the Forum, the Forum designees shall meet and choose, according to the voting provisions of Section 5, representatives to serve as Forum Chair and Vice Chair to oversee and direct the activities associated with Forum meetings including the development of the agendas, running the meeting and providing leadership to the Forum. Packet Page 139 of 319 Interlocal Agreement Page 4 4.2 The Forum shall have the authority and mandate to do the following: 4.2.1 Review and evaluate at least annually the duties to be assigned to the Steering Committee to this Agreement and provide for whatever actions it deems necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of this Agreement. 4.2.2 Review Steering Committee progress on implementation of the Strategic Action Plan and the Capital Improvement Plan on a quarterly basis and provide for whatever actions it deems appropriate to ensure that such development is efficiently, effectively and responsibly delivered in the performance of this Agreement. 4.2.3 On or before September 1 of each year, establish and approve a Service Provider Operating Fund budget for the following calendar year for the activities of the Service Provider(s), proposing the level of funding and total resource obligations of the Member Jurisdictions to support the activities of the Service Provider(s) which are to be allocated in accordance with the formula set forth in Exhibit D. 4.2.4 Review and evaluate at least annually the duties to be assigned to the Service Provider(s) to this Agreement and provide for whatever actions it deems necessary to ensure that quality services are efficiently, effectively and responsibly delivered in the performance of this Agreement. 4.2.5 Oversee and administer the allocation of resources available to the Forum to implement the Strategic Action Plan and the Capital Improvement Plan in support of the Strategic Action Plan. 4.3 The Forum designees may adopt other rules and procedures that are consistent with its purposes as stated herein and are necessary for its operation according to the voting provisions of Section 5. 5. VOTING. The Forum designees shall make decisions, approve goals and objectives, specify work priorities and perform any other actions necessary to carry out the purposes of this Agreement as follows: 5.1 No action or binding decision will be taken by the Forum without the presence of a quorum of active Member Jurisdiction designees. A quorum exists if a majority of the Member Jurisdiction designees are present at the Forum meeting. The voting procedures provided for in 5.2 and 5.3 are conditioned upon there being a quorum of the active Member Jurisdiction designees present for any action or decision to be effective and binding. Packet Page 140 of 319 Interlocal Agreement Page 5 5.2 Decisions shall be made using a consensus model as much as possible. Each designee agrees to use their best effort and exercise good faith in consensus decision-making. Consensus may be reached by unanimous agreement of the Member Jurisdiction designees at the meeting or by a majority recommendation agreed upon by the Member Jurisdiction designees. 5.3 In the event consensus cannot be achieved, as determined by rules and procedures adopted by the Forum, the Forum shall take action on a majority basis, as follows: 5.3.1 Each Member Jurisdiction, through its appointed designee, may cast its vote in connection with a proposed Forum action. 5.3.2 For any action subject to voting to be deemed approved, an affirmative vote must be cast by a majority of the Member Jurisdiction designees. No action shall be valid and binding on the Member Jurisdiction until it shall receive majority of votes of the total number of Member Jurisdiction designees. A vote of abstention shall be recorded as a “no” vote. 6. OBLIGATIONS OF MEMBER JURISDICTIONS; BUDGET; FISCAL AGENT; RULES. 6.1 Each Member Jurisdiction shall be responsible for meeting its financial obligations hereunder as described in Section 2.1 and established by the operating fund adopted by the Forum under this Agreement and described in Section 4.2.3. 6.2 On or before September 1 of each year of this Agreement, the Forum shall adopt a Service Provider budget for the following calendar year. The Service Provider budget shall propose the level of funding responsibilities of the individual Member Jurisdictions for the following calendar year and shall propose the levels of funding to be allocated to the Service Provider budget for implementation activities related to the Strategic Action Plan and the Capital Improvement Plan within the Watershed Area. The Member Jurisdictions shall thereafter take separate legislative or other actions that may be necessary to timely address such individual responsibilities under the proposed operating fund, and shall have done so no later than December 31st of each such year, provided that the financial obligations of each Member Jurisdiction to fund this Agreement after December 31, 2010 are contingent upon local legislative appropriation of necessary funds in future fiscal years; and provided that financial obligations imposed herein shall not be for the purpose of funding the design or construction of specific Capital Improvement Plan projects. 6.3 Funds collected from any source on behalf of the Forum shall be maintained in a special fund by the Fiscal Agent as ex officio treasurer on behalf of the Forum pursuant to rules and procedures established and agreed to by the Forum. The Fiscal Agent shall also serve as the contractual agent for the Member Jurisdictions in acquiring any services Packet Page 141 of 319 Interlocal Agreement Page 6 needed, including those provided by the Service Provider(s), in the implementation of the Strategic Action Plan and the Capital Improvement Plan as directed by the Forum. The Fiscal Agent shall establish billing practices and collection procedures in the format established by the Washington State Auditor, and utilize its established purchasing authority and procedures, and any other procedures as may be necessary to provide for its efficient administration and operation. Any Member Jurisdiction may inspect and review all records maintained in connection with the special fund maintained by the Fiscal Agent at any reasonable time. 6.4 The Fiscal Agent, in the performance of its duties, shall not exceed the budgeted amounts authorized by the Forum and/or the total funds as appropriated by the individual Member Jurisdictions. 7. LATECOMERS. An Eligible Jurisdiction listed in Section 1.2 which has not become a Member Jurisdiction within six (6) months of the effective date of this Agreement may become a Member Jurisdiction only with the written consent of all the Member Jurisdiction. The provisions of Section 5 otherwise governing decisions of the Forum shall not apply to this Section 7. The Member Jurisdictions and the county or city seeking to become a Member Jurisdiction shall jointly determine the terms and conditions under which the county or city may become a Member Jurisdiction. These terms and conditions shall include payment by such county or city to the Member Jurisdictions of the amount determined jointly by the Member Jurisdictions and the county or city to represent such county or city's fair and proportionate share of all costs associated with activities undertaken by the Forum and the Member Jurisdictions on its behalf as of the date the county or city becomes a Member Jurisdiction. Any county or city that becomes a Member Jurisdiction pursuant to this section shall thereby assume the general rights and responsibilities of all other Member Jurisdictions. 8. TERMINATION. This Agreement may be terminated by any Member Jurisdiction, as to that Member Jurisdiction only, upon sixty (60) days written notice to the other Member Jurisdictions. The terminating Member Jurisdiction shall remain fully responsible for meeting all of its funding obligations for expenditures authorized by the jurisdiction, but only for costs incurred prior to the date of the notice. This Agreement may be terminated at any time by the written agreement of all Member Jurisdictions. 9. HOLD HARMLESS AND INDEMNIFICATION. To the extent permitted by state law, and for the limited purposes set forth in this Agreement, each Member Jurisdiction shall protect, defend, hold harmless and indemnify the other Member Jurisdictions to include the officers, employees, agents and contractors of the Member Jurisdiction, while acting within the scope of their Packet Page 142 of 319 Interlocal Agreement Page 7 employment as such, from and against any and all claims (including demands, suits, penalties, liabilities, damages, costs, expenses, or losses of any kind or nature whatsoever) arising out of or in any way resulting from such Member Jurisdiction’s own negligent acts or omissions, torts and wrongful or illegal acts related to such Member Jurisdiction’s participation and obligations under this Agreement. Each Member Jurisdiction agrees that its obligations under this subsection extend to any claim, demand and/or cause of action brought by or on behalf of any of its employees or agents. For this purpose, each Member Jurisdiction, by mutual negotiation, hereby waives, with respect to the other Member Jurisdictions only, any immunity that would otherwise be available against such claims under the industrial insurance act provisions of Title 51 RCW. The provisions of this subsection shall survive and continue to be applicable to Member Jurisdictions exercising the right of termination pursuant to Section 9. 10. NO ASSUMPTION OF LIABILITY. In no event do the Member Jurisdictions intend to assume any responsibility, risk or liability of any other Member Jurisdiction or otherwise with regard to any Member Jurisdiction’s duties or any act, statute or regulation of any local municipality or government, the State of Washington or the United States. 11. VOLUNTARY AGREEMENT. This is a voluntary agreement and it is acknowledged and agreed that, in entering into this Agreement, no Member Jurisdiction is committing to adopt or implement any actions or recommendations that may be contained in the Strategic Action Plan and the Capital Improvement Plan pursuant to this Agreement. 13. NO PRECLUSION OF ACTIVITIES OR PROJECTS. Nothing herein shall preclude any one or more of the Member Jurisdiction from choosing or agreeing to fund or implement any work, activities or projects associated with any of the purposes hereunder by separate agreement or action, provided that any such decision or agreement shall not impose any funding, participation or other obligation of any kind on any Member Jurisdiction that is not a party to such decision or agreement. 14. NO THIRD PARTY RIGHTS. Nothing contained in this Agreement is intended to, nor shall it be construed to, create any rights in any third party, including without limitation NMFS, USFWS, any agency or department of the United States, or the State of Washington, or to form the basis for any liability on the part of the Forum or any of the Member Jurisdictions, or their officers, elected officials, agents and employees, to any third party. Packet Page 143 of 319 Interlocal Agreement Page 8 15. AMENDMENTS. This Agreement may be amended, altered or clarified only by the unanimous consent of the Member Jurisdictions, represented by affirmative action by their legislative bodies. 16. COUNTERPARTS. This Agreement may be executed in counterparts. 17. APPROVAL BY MEMBER JURISDICTION’S GOVERNING BODIES. The governing body of each Member Jurisdiction must approve this Agreement before any representative of such Member Jurisdiction may execute this Agreement. 18. FILING OF AGREEMENT. This Agreement shall be posted on the web site of each Member Jurisdiction in accordance with the provisions of RCW 39.34.040 and .200 and with the terms of Section 3 herein. 19. ATTORNEY FEES. In the event a Member Jurisdiction brings suit to enforce this Agreement, or for breach of this Agreement, the prevailing Member Jurisdiction shall be entitled to its costs, expenses, and attorney fees for bringing or defending the action. IN WITNESS WHEREOF, the Member Jurisdictions hereto have executed this Agreement on the dates indicated below: Approved as to form: CITY OF EDMONDS By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Approved as to form: CITY OF LAKE FOREST PARK By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Packet Page 144 of 319 Interlocal Agreement Page 9 Approved as to form: CITY OF LYNNWOOD By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Approved as to form: CITY OF MOUNTLAKE TERRACE By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Approved as to form: CITY OF SHORELINE By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Approved as to form: SNOHOMISH COUNTY By:____________________________ By:_____________________________ Title:___________________________ Title:____________________________ Date:___________________________ Date:____________________________ Packet Page 145 of 319 Packet Page 146 of 319 Exhibit B Lake Ballinger/McAleer Creek Watershed Study Strategic Action Plan Packet Page 147 of 319 Packet Page 148 of 319 Exhibit C Capital Improvement Plan Packet Page 149 of 319 Lake Ballinger/McAleer Creek Watershed Forum Capital Improvement Plan - Exhibit CPriorityDescriptionGoalIssuesProjected OutcomeWatershed Issue AWatershed Issue BWatershed Issue CWatershed Issue DProjected Planning Level CostPotential Funding Options3Project Lead Agency41 2 other(2009 dollars)Forum Project Model the McAleer Creek flood plain in Lake Forest Park and Shoreline to update FEMA flood plain mapping information A1Accurately model flow and determine flood plain elevations for McAleer Creek from Lake Ballinger to Lake Washington - develop modeling and flood plain management guidelines to assist the Cities of Shoreline and Lake Forest Park with future development or redevelopment and to leverage FEMA funds for flood proofing program. This portion of the FEMA flood plain mapping project will assume flows from Lyon Creek have been redirected or minimized.X$750,000 to $1,000,000 GrantLake Forest Park, ShorelineXRevise existing flood plain maps to accurately reflect existing conditions and to develop modeling and flood plain management guidelines Joint project in Shoreline and Lake Forest Park Give accurate guidance to cities with development and redevelopment in the affected flood plain Private Project Develop and implement flood proofing program A2 Leverage FEMA funds for flood proofing programX$2,000,000 to $3,000,000 GrantLake Forest ParkXDevelop flood proofing program to prevent structure floodingPrivately initiated flood proofing program with possible City assistanceDeveloping an effective flood proofing program Lyon Creek Bypass/Lyon Creek Channel ModificationsBForum to provide encouragement to Lake Forest Park to seek funds to eliminate the Lyon Creek overflow to McAleer Creek during storm eventsX$3,100,000 Lake Forest ParkLake Forest ParkX XMinimize the impact of Lyon Creek on McAleer Creek during storm eventsNo financial commitment on the part of upstream Forum jurisdictionsReduce overflow from Lyon Creek during storm events to minimize flooding at Sheridan BeachMcAleer Creek Bypass Intake RetrofitCRetrofit McAleer Creek Bypass Intake to optimize facility functionX$213,000 GrantLake Forest ParkX XReduce the occurrence and severity of flooding in the Sheridan Beach Neighborhood of Lake Forest Park along McAleer CreekProject benefits residents in Lake Forest Park only.Would remove 30 cfs from McAleer Creek through the Sheridan Beach Neighborhood during the 100-yr eventUpgrade/Replace Culverts on McAleer CreekDEnhance and replace four culverts on McAleer Creek in Lake Forest ParkX $1,000,000 GrantLake Forest ParkX XReduce localized flooding in Lake Forest Park.Project benefits residents in Lake Forest Park only.Up to 10 residences in Lake Forest Park would be protected from localized flooding.McAleer Creek Flood Berms EInstall berms or other flood proofing along McAleer Creek in Lake Forest ParkX $830,000 GrantLake Forest ParkXKeep structures from flooding during 100 year eventsPermitting, work on private propertyMinimize flooding during 100 year eventsBasin Wide LID Retrofits FRetrofit existing city parcels and right of way with Low Impact Development BMP'sX X X X$5,000,000 to $10,000,000 over 20 yearsAppropriations or grantLake Forest Park, ShorelineX X Reduce flooding and improve water quality Long term - 20 year planEliminate 100 year flooding events, improve on fecal, temperature and chemical issues in McAleer CreekForum Project Model the Hall Creek and Lake Ballinger flood plain in Edmonds and Mountlake Terrace to update FEMA flood plain mapping information A1Accurately model flow and determine flood plain elevations for Hall Creek and Lake Ballinger - develop modeling and flood plain management guidelines to determine the most advantageous elevation of Lake Ballinger weir X$750,000 to $1,000,000 Grant Mountlake Terrace, EdmondsXRevise existing flood plain maps to accurately reflect existing conditions and to develop modeling and flood plain management guidelines Joint project in Mountlake Terrace and Edmonds Give accurate guidance to cities with development and redevelopment in the affected flood plain while managing the level of Lake Ballinger and developing a flood proofing program Private Project Develop and implement flood proofing program A2 Leverage FEMA funds for flood proofing program X$1,000,000 to $2,000,000 Grant EdmondsXDevelop flood proofing program to prevent structure floodingPrivately initiated flood proofing program with possible City assistanceDeveloping an effective flood proofing program McAleer Creek WeirAction IB2Install new weir gateXX$25,000 Mountlake TerraceMountlake TerraceN/A N/A N/A Restore weir to 1995 maintenance status MLT maintenance issue Meet existing maintenance requirementsAction IIB1Lower weir structure to first Nile culvert - 1.5 feet lower - install new weir foundation and dredge creek channel to lakeX$500,000 GrantMountlake Terrace, EdmondsXKeep lake level below 279.3Would require readjudication of the Superior Court Order regarding lake levelWould reduce by 59% the length of time that the lake would be above 279.3 Action IIB1Lower weir structure to first Nile culvert - 1.5 feet lower - install new weir foundation and dredge creek channel to lakeX$500,000 GrantMountlake Terrace, EdmondsXKeep lake level below 277.4Would require readjudication of the Superior Court Order regarding lake levelWould reduce by 74% the length of time the lake would be above 277.4 Action IIIB2Lower weir structure by 3.75 feet - install new weir foundation and dredge creek channel to I-5X$1,000,000 GrantMountlake Terrace, EdmondsXKeep lake level below 279.3Would require readjudication of the Superior Court Order regarding lake levelWould reduce by 93% the length of time the lake would be above 279.3 Action IIIB2Lower weir structure by 3.75 feet - install new weir foundation and dredge creek channel to I-5X$1,000,000 GrantMountlake Terrace, EdmondsXKeep lake level below 277.4Would require readjudication of the Superior Court Order regarding lake levelWould reduce by 99% the length of time the lake would be above 277.4Hall Creek Detention CInstall detention or infiltration system upstream of Lake BallingerX$12,000,000 not including land acquisitionGrant, appropriations, city CIP fundsMountlake TerraceXKeep lake level below 279.3Large site footprint of 2.7 acres - cost of land acquisition not includedWould reduce by 64% the length of time the lake would be above 279.3Basin Wide LID Retrofits DRetrofit existing city parcels and right of way with Low Impact Development BMP'sXXX X$5,000,000 to $10,000,000 over 20 years Grant, appropriations, city CIP fundsEach city in upper basinX XReduce flooding and improve water quality Long term - 20 year planEliminate 100 year flooding events, meet Lake Ballinger TMDL limits and improve on fecal, temperature and chemical issues in McAleer Creek1 Service levels are listed in Section 3 of the Strategic Action Plan, page 15 - 202 Weir gate replacement is contingent on decisions made about the ultimate level of the lake 3 Future governance agreement will incorporate and identify potential funding sources 4 A member agency representing the interests of the Lake Ballinger/McAleer Creek Forum McAleer CreekProject InformationPhase IIService Criteria1Phase IIPhase IAction or ProjectLower McAleer CreekLake Ballinger/Hall CreekUpper McAleer Creek/Lake Ballinger/Hall CreekPhase IPacket Page 150 of 319 Exhibit D Operating Fund Allocations Packet Page 151 of 319 Lake Ballinger/McAleer Creek Forum Administrative Support Service Provider Needs Listing Duties Hours/Month Year 1. Attend and take notes at monthly Forum Meeting 2.5 30 2. Arrange for room reservations, provide materials for meetings 2.5 30 3. Compile and produce minutes from the Forum meetings 5 60 4. Generate draft agenda for the Forum Meeting - 1.5 18 coordinate with the chair and co-chair on meeting agenda 5. Coordinate e-mail contacts through the Forum distribution list 0.5 6 6. Assists with cities web site maintenance 3 36 7. Maintains documents record for Forum activities 3 36 8. Prepares News Releases on Forum updates 2 24 Total 20 240 Additional Duties may be added as needs develop Provider Support through the City of Mountlake Terrace Administrative Support for 2011 $7,200 This listing assumes services are provided at $30.00 per hour and that 20 hours a month are allocated for a total of 240 hours for the 2011 calendar year. Packet Page 152 of 319 Packet Page 153 of 319 Packet Page 154 of 319 From: Jared Bond [mailto:jbond@ci.lynnwood.wa.us] Sent: Friday, July 16, 2010 8:30 AM To: Williams, Gene; Brian Landau; Mike Shaw; Aaron Halverson; Shuster, Jerry Subject: RE: ILA Status To clarify, there has not been any change in the decision by our Council. At this time, Lynnwood is not planning to sign on to the ILA. I will continue to participate on a staff level. Jared S. Bond Environmental and Surface Water Manager Packet Page 155 of 319 AM-3324   Item #: 2. G. City Council Meeting Date: 09/07/2010 Time:Consent   Submitted For:Mike Cooper Submitted By:Kim Cole Department:Mayor's Office Review Committee: Committee Action: Approve for Consent Agenda Type: Information Subject Title Proclamation declaring September "National Alcohol and Substance Abuse Recovery Month." Recommendation from Mayor and Staff Previous Council Action Narrative Attached is a copy of the proclamation. Attachments Recovery Month Proclamation Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/01/2010 10:48 AM Mayor Mike Cooper 09/02/2010 04:10 PM Final Approval Sandy Chase 09/02/2010 04:12 PM Form Started By: Kim Cole Started On: 08/24/2010 02:42 PM Final Approval Date: 09/02/2010  Packet Page 156 of 319 Packet Page 157 of 319 AM-3349   Item #: 3. City Council Meeting Date: 09/07/2010 Time:45 Minutes   Submitted By:Kernen Lien Department:Planning Review Committee: Committee Action: Type: Information Subject Title Public hearing on proposed updates to Edmonds Community Development Code (ECDC) 20.15A Environmental Review (SEPA). The update is being conducted as part of the City’s comprehensive review of its development regulations. The update is being done to ensure ECDC 20.15A is consistent with WAC 197-11, WAC 173-806, and the City of Edmonds Comprehensive Plan and development regulations. This update includes proposed increases to categorical exemption flexible threshold levels for the Medical/Highway 99 Activity Center as defined by the City of Edmonds Comprehensive Plan. Recommendation from Mayor and Staff Previous Council Action The ECDC 20.15A update was discussed with the CS/DS Committee on May 12, 2009 (Exhibit 1).  An introduction to the proposed updates recommended by the Planning Board was presented to the Council on July 27, 2010 (Exhibit 2).  Council voted to split the Planning Board's recommendation in two parts and hold two separate public hearings.  Both proposals for the public hearings will consider the updates to ensure consistency with WAC 197-11, WAC 173-806, and the City of Edmonds Comprehensive Plan and development regulations.  One proposal will include increasing the categorical exemption flexible threshold levels for the Medical/Highway 99 Activity Center, while the second will includes increasing the flexible thresholds for the Highway 99 Corridor.  Narrative The City of Edmonds SEPA regulations are codified in ECDC 20.15A. The City’s original SEPA regulations were adopted under Ordinance 1855 in 1976. In 1984, the City adopted Ordinance No. 2461 which created ECDC 20.15A in order to come into compliance with the new (at that time) SEPA rules in WAC 197-11 and model SEPA ordinance in WAC 173-806. The ECDC 20.15A the City uses today is essentially the same ordinance that was adopted 25 years ago having under gone only five minor amendments in that time.  ECDC 20.15A is being reviewed as part of the City’s comprehensive review of its development regulations. Due to changes in the RCW’s, WAC’s, and the City’s own code, ECDC 20.15A is long over due for an update.  Potential updates to ECDC 20.15A were presented to the Planning Board on July 22, 2009 (Exhibit 3). The Planning Board directed staff to propose new flexible thresholds for categorical Packet Page 158 of 319 exemptions under SEPA.  Proposed new flexible thresholds were presented at the February 24, 2010 Planning Board meeting (Exhibit 4). The Planning Board agreed they would like to consider changes to the flexible thresholds, but only for the Highway 99 Corridor and multi-family residential areas along main arterials such as 212th St SW, 196th St SW, and State Route 104. Staff was directed to update the flexible threshold proposal and bring it back for further Board review.  Four flexible threshold alternatives based on Board guidance were presented to the Planning Board on April 14, 2010 (Exhibit 5). The Planning Board ultimately chose an alternative that increased the flexible threshold for the Medical/Highway 99 Activity Center and the Highway 99 Corridor. The Planning Board also reviewed proposed changes to the text of ECDC 20.15A which largely follows the model code provided in WAC 173-806. The Planning Board held a public hearing on the proposed changes to ECDC 20.15A on June 23, 2010 and voted to forward the proposed amendments to ECDC 20.15A Environmental Review to the City Council with a recommendation of approval as proposed (Exhibit 6).  Exhibit 7 is a memorandum detailing the review of ECDC 20.15A, Exhibit 8 is a redline/strike version of ECDC 20.15A with proposed changes to ECDC 20.15A including increasing the flexible threshold for the Medical/Highway 99 Activity Center, Exhibits 9 - 11 are maps of the Medical/Highway 99 Activity Center, and Exhibit 12 is a case study of a hypothetical development in the Activity Center assuming the new flexible thresholds for the Activity Center. Attachments Exhibit 1 - 05-12-09 CSDS Committee Minutes Exhibit 2 - 07-27-10 Council Minutes Exhibit 3 - 07-22-09 Planning Board Minutes Exhibit 4 - 02-24-10 Planning Board Minutes Exhibit 5 - 04-14-10 Planning Board Minutes Exhibit 6 - 06-23-10 Planning Board Minutes Exihibit 7 - Memorandum on ECDC 20.15A Update Exhibit 8 - ECDC 20.15A redline version with increases to flexible thresholds for the Medical/Highway 99 Activity Center  Exhibit 9 - Aerial Photo of Medical/Highway 99 Activity Center Exhibit 10 - Map of Comprehensive Plan Designations for the Medical/Highway 99 Activity Center Exhibit 11 - Zoning Map of Medical/Highway 99 Activity Center Exhibit 12 - Medical/Highway 99 Activity Center Case Study Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/02/2010 11:37 AM Mayor Mike Cooper 09/02/2010 04:11 PM Final Approval Sandy Chase 09/02/2010 04:12 PM Form Started By: Kernen Lien Started On: 09/01/2010  Final Approval Date: 09/02/2010  Packet Page 159 of 319 CS/DS Committee Minutes / May 12, 2009 Page 2 2 B. Discussion on proposal to ban single use plastic checkout bags in Edmonds. Bio Park from the City Attorney’s Office reviewed three draft ordinances that were prepared as options for the City Council to consider, based on approaches taken in other cities – primarily in California. The “Retail Draft” ordinance would apply to all retail establishments, requiring that a merchant supply recyclable paper or reusable bags instead of single-use plastic bags. The “Groceries Draft” would apply the ban to all food stores (i.e. not all retailers), while the “Hybrid Draft” would apply the ban to large supermarkets with other retailers only needing to provide a paper/recyclable option for customers. All three draft ordinances would have some common features, such as an “operative date” when the ordinance went into effect (to allow inventory reduction and adjustment by merchants to the ban) and a standard of enforcement via the City’s code enforcement procedures. Each ordinance would also authorize the Mayor to grant exemptions during the first year of the ban in order to allow the Council to consider permanent exemptions, if merited. ACTION: The Committee voted to forward the three draft ordinances to the full Council for discussion as part of the May 19th agenda. C. Legalization of hens. Rob Chave noted the lengthy history related to changes in the city’s animal regulations (dating primarily back to 1999), which was the source of the current ban on poultry in the city’s land use code. He noted that the changes made at that time separated the land use regulations (numbers and types of animals allowed) from the regulations addressing how various types of animals are ‘kept’ or cared for (these are in the animal control portion of the code, Chapter 5.05 ECC). He referred the Committee to the memo from Councilmember Bernheim which summarized the proposal, which was to allow up to “three domestic female fowl” in single family zones. ACTION: The Committee voted to forward the proposal to the Planning Board for consideration and recommendation. D. Potential updates to the City's SEPA rules as part of the code rewrite project. Kernen Lien, Associate Planner, introduced this subject. As part of the code rewrite, the City is updating the SEPA (State Environmental Policy Act) rules. The last update occurred 25 years ago, and a number of changes to the State’s SEPA statutes and rules have occurred since that time The current SEPA chapter was also adopted prior to the State enacting GMA, Regulatory Reform, and Critical Areas statutes, which all impact on how SEPA is implemented locally. The update will be focusing on updating the city’s regulations to be consistent with state law, and with changes elsewhere in city codes and policies that have been made over the years. An important issue the code update will address will be the state’s authorization of flexible thresholds, which enables the City to adjust its SEPA thresholds for different areas of the city. For example, the City could establish higher thresholds in areas – such as Highway 99 – where smaller projects will have less of an impact and the city wishes to encourage more streamlined permitting approvals consistent with its economic development goals. Packet Page 160 of 319 CS/DS Committee Minutes / May 12, 2009 Page 3 3 Kernen also noted that one area of ongoing work in the SEPA area concerns climate change and greenhouse gas impacts. This is an area still being studied by various agencies in the state, and while policy support may be appropriate, it is probably too soon to establish clear standards for mitigation under SEPA. City staff will be monitoring developments in this area for future consideration. ACTION: No action required. The meeting was adjourned at approximately 7:17 P.M. Packet Page 161 of 319 Edmonds City Council Approved Minutes July 27, 2010 Page 5 Councilmember Plunkett asked why the USPS did not simply use the site they already own. Mr. Logan answered the USPS leases the current site. The building has been purchased; the current owner intends to redevelop the site and there is a possibility the post office could be part of that development. Councilmember Petso asked if any of the services/facilities will be lost when the facility is downsized. Mr. Logan answered nothing would be lost. The carriers in that facility were moved out because it was not big enough for that function. All the retail services will remain and be provided in a nicer facility. Councilmember Petso requested any future facility have comparable parking to the existing facility and have a drop box. Mr. Logan assured they would do both. 5. AUDIENCE COMMENTS Colin Southcote-Want, Edmonds, explained he just came from the Edmonds Conference Center where the project at Pt. Wells is being presented by the developer. While talking with Richmond Beach residents, he learned one of their concerns with the proposal was the estimated 2400 car trips per day on Richmond Beach Road and the determination that this was not significant. He raised this issue because later on the agenda the Council will be discussing potential changes to Edmonds’ SEPA regulations. He urged the Council not to weaken the City’s environmental protections. He commented it often seems the City treats this as proforma, someone completes forms, a determination of non-significance is made and appealing that determination is very difficult. Roger Hertrich, Edmonds, congratulated Mayor Cooper. With regard to his report at the July 6 meeting that it took 11 minutes for Fire District 1 to respond to a car fire near Old Mill Town, he relayed the Fire Chief determination that it took 7 minutes and 22 seconds. With regard to SEPA regulations, he expressed concern that the proposal had gotten this far. He referred to staff’s indication that the SEPA regulations had not been changed in a number of years and needed to be updated. He questioned why the SEPA regulations needed to be changed when they seem to have done their job. He was opposed to any changes that would eliminate environmental protections. Due to the proximity of the Highway 99 Corridor to Lake Ballinger, he feared flexible SEPA regulations in that area would impact Lake Ballinger. He referred to the SEPA flexible exemption level map in the packet, expressing concern that the Medical Activity Center zone extended into single family neighborhoods. He recommended the Council consider amending the boundary of the Medical Activity Center zone. 6. INTRODUCTION OF PROPOSED UPDATES TO ECDC 20.15A SEPA REGULATIONS. Associate Planner Kernen Lien explained Washington State’s Environmental Policy Act (SEPA) was first adopted in 1971. Among other things, the law requires all state and local governments within the state to: • “Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have impact on man’s environment,” and • Ensure that “...environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations...” (RCW 43.21C.030(2)(a) and (2)(b) He explained any governmental action may be conditioned or denied pursuant to SEPA. The environmental process in SEPA is designed to work with the other regulations to provide a comprehensive review of a proposal. Where most regulations focus on a particular aspect of a proposal, SEPA requires identification and evaluation of probable impacts of all elements of the environment. Proposals can be project proposals such as fill and grade, new development, etc.; or they can be non- project proposals such as Comprehensive Plan changes, rezones, adoption of regulations, etc. Packet Page 162 of 319 Edmonds City Council Approved Minutes July 27, 2010 Page 6 The City of Edmonds SEPA regulations are codified in Edmonds Community Development Code (ECDC) 20.15A. The City’s first SEPA regulations were adopted in 1976. In 1984 the City adopted Ordinance No. 2461 which created ECDC 20.15A in order to come into compliance with new SEPA rules in WAC 197-11 and model SEPA ordinances in WAC 173-806. ECDC 20.15A the City uses today is essentially the same ordinance that was adopted 25 years ago having undergone only minor amendments during that time. Due to changes in WACs, RCWs and the City’s own code since the SEPA ordinance was adopted, it was appropriate to adjust the City’s SEPA regulations to be in compliance with the State’s rules and regulations. The City and the Planning Board reviewed a number of issues: • ECDC 20.15A adopts by reference significant portions of WAC 197-11, the State’s SEPA rules. Sections of 197-11 have been added or removed since the City adopted its SEPA regulations in 1984 particularly in regard to SEPA-GMA integration; GMA was not in place when the City adopted the current SEPA regulations. This update reviewed the changes in WAC 197-11, the adopted list in 20.15A to ensure the City is up-to-date and compliant with the State’s regulations. • ECDC 20.15A is largely based on the State’s model code in WAC 173-806. There have been changes to the model code since 1984. This update reviewed the model code and made changes to the City’s SEPA regulations where appropriate to ensure the City is up-to-date with the State’s regulations. • The City’s code has undergone a number of amendments since 1984. This update ensured the SEPA regulations are consistent with the rest of the City’s development regulations. • The State’s rules allow local jurisdictions to modify the categorically exempt flexible threshold levels for certain minor new development. Once the threshold is reached, a SEPA review is required. • The City’s Climate Action Team SEPA Implementation Working Group released a report in 2009 in an attempt to clarify how consideration of climate change should be incorporated into environmental review and decision making. That report included strong consensus from the Work Group but few recommendations other than the Department of Ecology should consider the matter and develop guidelines. DOE released draft guidelines on addressing greenhouse gas emissions in May 2010; the guidelines refer SEPA practitioners to studies and analyses conducted across the United States and do not provide any clear standard of analysis. The City has begun groundwork to develop SEPA regulations through the adoption of the Sustainability Element in the Comprehensive Plan as well as development of a Climate Change Action Plan. Within those Plans, the City is developing policies that establish the foundation for the City to begin developing SEPA regulations to evaluate and mitigate impacts of climate change. The City recently participated in a conference call with other jurisdictions around the state regarding addressing climate change through the SEPA process. Staff will follow up with other jurisdictions who participated in the call to see how they are addressing climate change through their SEPA processes. Developing a program for Edmonds will be very technical and data intensive and as a result will take a great deal of time to develop. It is not part of this update and will be incorporated into 20.15A in the future. Mr. Lien reviewed the Categorical Exemptions Thresholds in WAC 197-11-800(1) where the City could adjust the thresholds: • The construction or location of any residential structures of four dwelling unit – Can be modified up to 20 dwelling units. • The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 10,000 square feet, and to be used Packet Page 163 of 319 Edmonds City Council Approved Minutes July 27, 2010 Page 7 only by the property owner or his or her agent in the conduct of farming the property. The exemption shall not apply to feed lots – Does not apply in Edmonds. • The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, and associated parking facilities designed for 20 automobiles – Can be modified up to 12,000 square feet and 40 automobiles. • The construction of a parking lot designed for 20 automobiles – Can be modified up to 40 automobiles. • Any landfill or excavation of 100 cubic yards – Can be modified up to 500 cubic yards, and has been at 500 cubic yards since 1984 when the City adopted the ordinance that established 20.15A. Determining the environmental impact of a development involves context, intensity of the development and does not lend itself to a quantifiable test. The context may vary by physical setting; intensity depends on the magnitude and duration of the impact; the same proposal may have a significant impact in one location and less in another. For instance a 12,000 square foot commercial development in a neighborhood zone such as Five Corners or Westgate would likely have a greater impact on the surrounding neighborhood than the same scale commercial development along Highway 99. With this in mind the Planning Board reviewed the flexible threshold levels for categorical exemptions and discussed a number of options: • Leave the levels at the minimums established by WAC 197-11-800(1)(b) • Increase all, or a portion of the levels, for the entire City • Establish different threshold levels for different Comprehensive Plan designations • Establish different threshold levels for different zones • Establish different threshold levels considering zoning and Comprehensive Plan designation After considering the above options, the Planning Board recommended the following: • Increase flexible threshold in the Highway 99 Corridor and Medical/Highway 99 Activity Center as follows: o Residential units: 20 units o New construction: 12,000 square feet o Parking: 40 spaces o Landfill or excavation: 500 cubic yards (no change) • For landfills and excavations in WAC 197-11-800(1)(b)(v) maintain 500 cubic yards in all locations through the City The Medical/Highway 99 Activity Center is intended to encourage the development of a pedestrian and transit oriented area focused on two Master Plan developments, Stevens Hospital and Edmonds- Woodway High School, along with related high intensity development in the Highway 99 corridor. One of the goals identified in the Comprehensive Plan for the Medical/Highway 99 Activity Center is to expand the economic and tax base of the City by providing incentives for business and commercial redevelopment in the planned Activity Center. The Highway 99 corridor is a narrow strip of commercial and retail uses with some multi family development on the fringes of the corridor. Like the Medical/Highway 99 Activity Center, in the Highway 99 Corridor area of the City is looking to encourage economic development and raising the threshold levels that trigger SEPA review may be one way to simplify the process for developers within these two areas. When the Planning Board was considering these flexible thresholds, they raised several questions including the effect of increasing the thresholds. He researched SEPA reviews the City conducted since 2004 and found there have been a total of 193 SEPA reviews since January 2004. Of those 113 would be subject to the flexible thresholds. With the proposed increase in the Medical/Highway 99 Activity Center, 2 projects since 2004 would have been exempt from SEPA review under the proposed changes. He Packet Page 164 of 319 Edmonds City Council Approved Minutes July 27, 2010 Page 8 pointed out there are other regulatory requirements; SEPA is only one part of the review. The City has other processes and regulations to control issues that would be considered such as transportation impacts and Critical Areas regulations. SEPA cannot control the level of development of a property; it can only condition development based on impacts that are not otherwise addressed in the code. There are some residential areas in the Medical/Highway 99 Activity Center; SEPA has very little impact on development in single family zones. For example the subdivision of five or more units requires a public hearing process and approval by the City Council. This requirement would not change as a result of changing the SEPA flexible threshold. SEPA as well as many other processes have a public notice requirement and hearing opportunities. He referred to the tables in Title 20, Type I-V uses, II-V require public notice. Councilmember Petso offered to work with staff on some areas in the ordinance that do not appear to be in the model ordinance, 1) the .025 provision, reliance on existing plans and regulations, and 2) the provision that would allow a developer to request the City complete the SEPA checklist. With regard to the .025 provision and reliance on other regulations, Mr. Lien explained that was in WAC 197-11 and rather than adopt that WAC or insert a reference to WAC 197-11, he included a reference to the section within Title 20 that is essentially the same as WAC 197-11. With regard to the ability for a developer to request staff complete the SEPA checklist, Mr. Lien advised that is in the current SEPA regulations. He explained often the City has more information than the person completing the checklist. One of the most frequent triggers for SEPA review is fill and grade; 95 of the 193 SEPA reviews were fill and grade and many of those are for single family residential development. Often they do not have all the information and staff completes the blanks as a way to assist the citizen. There is also a provision that developers can be charged for staff completing the SEPA checklist. Councilmember Plunkett asked how it was determined whether a developer was charged. Mr. Lien answered there is not a description of how a developer would be charged. Since he has been employed by the City, no one has asked staff to complete the SEPA checklist. Typically if there is a N/A when he reviews a SEPA checklist and information should be included, he will fill in the information such as the zoning, Comprehensive Plan designation, etc. Councilmember Plunkett asked whether the City was potentially liable if staff was filling out portions of the SEPA checklist. He asked whether staff had been doing that and whether it was a common practice. Mr. Lien responded in all the places he has worked, staff typically filled in missing information. The SEPA checklist also includes a space for staff comment. With regard to liability, there is a SEPA appeal process; if staff completed the checklist, the applicant could appeal the determination based on the way the checklist was completed. Councilmember Plunkett observed under the proposed changes there would have only been two instances were neighbors surrounding the structure would not have had the benefit of SEPA review. He asked the rationale of not allowing two groups of neighbors the benefit of a SEPA review. Mr. Lien explained one of the primary reasons for selecting the Highway 99 Corridor and the Medical/Highway 99 Activity Center is those are two areas where the City wants to promote economic development. The Planning Board felt by removing one of the hurdles, SEPA review, it may be more attractive for development. He reiterated SEPA was only one of the processes. He did not research what other public notice requirements may have been required for those two developments. Councilmember Plunkett concluded the rationale was the neighbors would not have the benefit of SEPA because they lived in a neighborhood that was more industrial oriented. Mr. Lien explained impacts are different in different areas; a 12,000 square foot commercial development in Five Corners would have the potential for greater impacts than the same development on Highway 99. That was one of the reasons the State allows jurisdictions the flexibility to adjust those thresholds. Denying anyone the SEPA process was Packet Page 165 of 319 Edmonds City Council Approved Minutes July 27, 2010 Page 9 not discussed as a reason for adjusting the flexible thresholds, it was viewed as a way to promote economic development in these two areas by removing one of the regulatory hurdles. Council President Bernheim acknowledged since it had been 25 years since the SEPA regulations were adopted and other things are changing, it may be necessary to ensure consistency. He was concerned with changing policy as part of a statutory update. He asked the impetus for changing the SEPA requirement to make it more developer friendly. Mr. Lien responded when he presented the update to the Planning Board, the flexible threshold was the one area the City could change. The Planning Board requested he provide proposals for the flexible thresholds. His first proposal was changing thresholds in zones throughout the City. The Planning Board then directed him to look at the corridors. His next proposal was for four corridors in the City. The proposed changes are what the Planning Board recommended. Councilmember Peterson asked whether other jurisdictions have adopted these flexible thresholds. Mr. Lien answered most jurisdictions have increased the thresholds. In his previous position, all the thresholds were maxed out except for agricultural buildings. Seattle raised thresholds in different zones throughout the city. He did not research other jurisdictions but found it unlikely that all were at the minimum established by SEPA. Councilmember Peterson acknowledged SEPA was not the be all and end all of public notification or environmental regulation. He assumed any City code changes below this would trump SEPA regulations. For example if the threshold was 40 parking spaces and the City only allowed 30 spaces in the zone, the specific zoning would trump the SEPA threshold. Mr. Lien explained SEPA does not set the intensity of zoning, if a zone only allows a parking lot for 30 automobiles, 30 would be the limit. If it was below the 40 space threshold, SEPA would not be done but the parking lot could not be larger than 30 parking spaces if that was specified by the zone. Councilmember Peterson commented he was a fan of SEPA regulations and review, finding it served the City, citizens and State well. If the Council and City were more proactive in defining zones and environmental regulations, SEPA may play a smaller role. Mr. Lien agreed SEPA played a smaller role today than when it was first adopted in 1971. For example when SEPA was first adopted, there was no GMA, no Critical Areas Ordinance, Traffic Impact Fees, etc. to address potential impact from development. When an application is received, staff reviews it to ensure it is consistent with the City’s development regulations. If all the impacts cannot be mitigated through existing development regulations, conditions can be added via the SEPA process. Councilmember Wilson commented this was not a limiting of SEPA regulations but an effort to remove hurdles for economic development. To the question of who has given that policy direction, he answered the Council has expressed support for incentivizing development on Highway 99 and development in the area surrounding Stevens Hospital. If Council did not support the proposed thresholds, they should be clear about what they want from the Planning Board to foster economic development in those areas or change the Comprehensive Plan. He recognized there may be more concern with the proposed change in the northern Medical/Highway 99 Activity Center, recalling the Council declined a recent opportunity to change the zoning in that area. If the Council was sensitive to changes in the Medical/Highway 99 Activity Center, Councilmember Wilson suggested it may be appropriate to bring changes to the thresholds in that area to Council separately from changes to the Highway 99 area. Mr. Lien answered one option would be to have three proposals at the public hearing, 1) keep the flexible threshold levels as they are, and 2) the proposal recommended by the Planning Board, 3) remove the Medical/Highway 99 Activity Center and only increase the thresholds for the Highway 99 corridor. Packet Page 166 of 319 Edmonds City Council Approved Minutes July 27, 2010 Page 10 Councilmember Wilson pointed out if the Council did not support incentivizing development in the Medical/Highway 99 Activity Center, the definition of the Activity Center may need to be changed to focus development around the commercial area and not impact the residential areas. He suggested having separate public hearings for Highway 99 and the Medical/Highway 99 Activity Center. Mr. Lien suggested it may be more appropriate to have the public hearings together because increasing the thresholds was only part of the update. Councilmember Buckshnis asked how the 40 parking spaces and 12,000 square feet were determined. Mr. Lien answered WAC 197-11-800(1) is the section that contains the flexible thresholds; 40 parking spaces and 12,000 square feet is the maximum. Councilmember Buckshnis asked whether consideration had been given to a flexible threshold that could be waived on a case-by-case basis based on the project. Mr. Lien answered that would be difficult to implement for the City and the developer. Councilmember Fraley-Monillas referred to the red area on the SEPA Flexible Categorical Exemptions Level Map, noting it increases the SEPA thresholds into residential neighborhoods 6-10 blocks off Highway 99 and in the south section, up to 12 blocks off Highway 99. She asked how that area was selected. Mr. Lien answered the red area is the Highway 99 corridor as defined in the Comprehensive Plan. Councilmember Fraley-Monillas asked the impact to development and economic development if the nothing was done. Mr. Lien answered the proposed changes would have only exempted 2 developments out of 193 in the past 6 years. If nothing is done, only 2 proposals would have benefited from the change. Councilmember Wilson commented the answer to Councilmember Fraley-Monillas’ question was unknown because although two projects would have been exempt, it is unknown how many would have been proposed although he anticipated the requirement for a SEPA review would typically not be a deal breaker for a developer. Mr. Lien explained of the 193 proposals, 12 were within the CG or CG2 zone for which 2 would not have required SEPA review under this proposal. COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO SET A PUBLIC HEARING ON THE PROPOSAL AS RECOMMENDED BY THE PLANNING BOARD. Councilmember Plunkett supported the premise that the City needed to be consistent with WACs and RCWs. With regard to Councilmember Fraley-Monillas’ comment about doing nothing, he pointed out the update was required to be consistent with those regulations. He did not support the concept of lowering neighborhood standards. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER PETSO, TO AMEND THE ORDINANCE THAT ALL INCREASES IN SEPA THRESHOLD LEVELS BE REMOVED, THEREBY LEAVING THE LEVELS AT THE MINIMUM ESTABLISHED BY THE WASHINGTON ADMINISTRATIVE CODE. Councilmember Wilson asked what would be left for the public hearing if those change were removed. Mr. Lien asked for clarification whether the motion removed the increase in the SEPA threshold that was done 25 years ago. Councilmember Plunkett clarified only the increases in the Planning Board’s recommendation. Packet Page 167 of 319 Edmonds City Council Approved Minutes July 27, 2010 Page 11 Councilmember Wilson suggested if the Council did not want the policy to reflect what was in the Comprehensive Plan, more research should be done with regard to the boarder policy question. Councilmember Plunkett responded the Planning Board’s recommendation with regard to meeting consistence complies with the Comprehensive Plan. Their recommendation also complies with reference in the Comprehensive Plan to encouraging economic development in this area. He did not anticipate that because a developer was required to complete a SEPA checklist, they would be prevented from seeking an economic development project. Councilmember Wilson advised he would oppose the amendment because he wanted to hear from the public. If the amendment fails he would make a different amendment that would separate consideration of the two areas in hopes it would better address the concerns with protecting residential rights in places where there are more residences such as the Medical/Highway 99 Activity Center. Councilmember Petso spoke in favor of the amendment, advising the public hearing could address the necessary statutory updates as well as other issues such whether staff should be completing the SEPA checklist for applicants. She was not satisfied with the solution suggested by Councilmember Wilson to separate the Highway 99 corridor and the Medical/Highway 99 Activity Center because under the Comprehensive Plan, both areas include several residential neighborhoods. The Planning Board minutes indicate the proposed change would have a minimal time and cost savings to a developer. However she preferred that projects such as a 20 unit residential development in front of another resident’s solar collection panels or a project that technically complies with drainage codes but will impact Lake Ballinger have a SEPA review. She did not want to facilitate economic development at the expense of these neighborhoods or at the expense of Lake Ballinger. Council President Bernheim spoke against the amendment, commenting in the pursuit of economic development consideration is being given to environmental regulations. Although he did not object to that in principle as long as the right things were relaxed, he supported having a public hearing about the Planning Board’s recommendation to relax the SEPA standards. The proposal could then be amended after the public hearing if appropriate. Councilmember Fraley-Monillas did not support the amendment, preferring to have a public hearing regarding the Planning Board’s recommendation. She preferred to have one public hearing because there are residential neighborhoods in both areas. Councilmember Peterson did not support the amendment, commenting he did not view the Planning Board’s recommendation as a relaxation of the environmental standards. He viewed it as an opportunity to reduce the bureaucratic paperwork and number of steps developers are required to complete. He commented on the importance of hearing from the public and having an open dialogue about environmental standards. MOTION FAILED (2-5), COUNCILMEMBERS PLUNKETT AND PETSO VOTING YES. Councilmember Petso understood the Planning Board’s recommended proposal could be amended after the public hearing. She did not support the main motion because there was a good chance the public would not support the Planning Board’s recommendation. Councilmember Fraley-Monillas spoke in support of the motion to hold a public hearing, commenting it was important to hear from the public, particularly the residents along the Highway 99 corridor and the Medical/Highway 99 Activity Center. Packet Page 168 of 319 Edmonds City Council Approved Minutes July 27, 2010 Page 12 Councilmember Wilson asked what it would take for this proposed change to be relevant in a single family zone. He suggested first a developer would need to be interested in building a commercial development in a residential which would require a zone change and a Comprehensive Plan designation change. Mr. Lien answered if there were a proposal for a subdivision of more than 5 lots, although under this proposal that development would be exempt from SEPA review, it has notice requirements, and it requires view by the Planning Board and the City Council who ultimately approves/denies a 5-lot subdivision. Depending on the underlying Comprehensive Plan designation, a Comprehensive Plan change would require SEPA review. If a rezone was required, a rezone requires SEPA review. Once the Comprehensive Plan designation change and rezone were accomplished, if the development was under the thresholds, SEPA would not be required. If the development exceeded the thresholds, a third SEPA may be required. Councilmember Wilson supported protecting single family neighborhood, noting there would already be two SEPA evaluations before a commercial development could occur in a single family zone. He summarized neighborhoods are not under threat of having an environmentally damaging commercial developments occur in their backyard as a result of the Council’s consideration of the Planning Board’s recommendations. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO HAVE TWO PUBLIC HEARINGS ON THE PLANNING BOARD’S RECOMMENDATION, ONE REGARDING THE MEDICAL/HIGHWAY 99 ACTIVITY CENTER AND THE OTHER REGARDING THE HIGHWAY 99 CORRIDOR. Councilmember Wilson explained separating the neighborhoods would allow the public to indicate in which areas they felt the Planning Board’s recommendations were appropriate. Councilmember Peterson spoke in favor of the amendment, commenting a one-size-fits-all approach does not work well for the City and it may be advantageous to separate the public hearings. Councilmember Petso supported the amendment to hold two public hearing although she did not expect it would have an impact due to the presence of single family neighborhoods in both areas. She pointed out this was not applicable only to commercial buildings. She provided as an example a residential neighborhood faced with development of perhaps 27 homes and under this proposal that would have required SEPA review. However if the development only had 17 homes it would have been exempt from SEPA review. In the 27 home development, staff required 6 SEPA conditions, 3 regarding preservation of trees, 1 regarding a traffic impact fee and 1 that required onsite parking. She summarized the SEPA process was what allowed those conditions to be placed on a residential development and that protection should be available to neighbors surrounding Highway 99 and the Medical/Highway 99 Activity Center. Councilmember Fraley-Monillas did not want to have neighborhoods on the Highway 99 corridor pitted against each other. She wanted to maintain unity among the single family residences along the Highway 99 corridor of which she was one. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT BERNHEIM, COUNCILMEMBERS PETSO, BUCKSHNIS, WILSON AND PETERSON VOTING YES; AND COUNCILMEMBERS FRALEY-MONILLAS AND PLUNKETT VOTING NO. Councilmember Plunkett understood the Council’s desire for a public hearing. However, he did not support the motion because he did not support reducing neighborhood protections to allow major projects in single family neighborhoods. Packet Page 169 of 319 Edmonds City Council Approved Minutes July 27, 2010 Page 13 Councilmember Petso anticipated the public hearing would result in a different proposal than the Planning Board’s recommendation. For that reason she would not support the motion. MAIN MOTION AS AMENDED CARRIED (5-2), COUNCILMEMBERS PLUNKETT AND PETSO VOTING NO. As staff prepared for the public hearing, Councilmember Wilson said he would be interested in staff’s response to the Councilmembers’ concerns. He suggested staff prepare a couple case studies such as the Burnstead example cited by Councilmember Petso. Mr. Lien clarified the intent was to have two public hearings at the same Council meeting. Councilmember Wilson explained his intent was for one public hearing applying the Planning Board’s recommendations to the Highway 99 corridor and a second public hearing on the same night applying the Planning Board’s recommendations to the Medical/Highway 99 Activity Center. 7. FIRST READING: PROPOSED ORDINANCE TO AMEND THE PROVISIONS OF CHAPTER 3.65 OF THE EDMONDS CITY CODE RELATING TO THE TRANSPORTATION BENEFIT DISTRICT IN ORDER TO EXPAND THE FUNCTIONS AND AUTHORITY OF THE DISTRICT TO INCLUDE THE CONSTRUCTION OF THIRTY-SEVEN (37) TRANSPORTATION IMPROVEMENTS, INCLUDING THE CONSTRUCTION OF WALKWAYS, INTERSECTION IMPROVEMENTS, STREET UPGRADES, TRAFFIC CALMING MEASURES, CORRIDOR IMPROVEMENTS, PEDESTRIAN LIGHTING, SIGNALIZATION INSTALLATION AND REBUILD, AND BICYCLE LOOP SIGNAGE WITH THE PROCEEDS OF A FORTY DOLLAR ($40) VEHICLE FEE INCREASE, IF APPROVED BY THE VOTERS, AND SETTING A PUBLIC HEARING FOR AUGUST 3, 2010. Public Works Director Phil Williams explained if passed, the proposed ordinance would expand the authorities of the existing Edmonds Transportation Benefit District (TBD) which the Council created in November 2008. The Charter of the TBD at that time was to engage itself in fundraising and provide funds for preservation and maintenance of the transportation assets within the City’s rights-of-way. The proposed ordinance would modify those authorities to add to what the TBD can do and specifically authorize the TBD to seek voter approval of a $40 increase to the local transportation user fee that is now established at $20. The additional $40 would be allocated toward the completion of a project list that includes 37 projects of the type outlined in the agenda title. If the ordinances passes with second reading next week, the TBD would be able to enact an ordinance to place the item on the November general election ballot, establish voter pamphlet language and a ballot title, and provide voters an opportunity to approve or reject the proposed additional fee. Councilmember Plunkett commented this has been discussed by the TBD Board and was now at the City Council. He asked whether the City Council must approve placing it on the ballot. Mr. Williams explained because the City Council created the TBD via ordinance, only the Council can change their charter and give them new authorities. The Edmonds TBD Board can then act as the new authorities establish. COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO SCHEDULE A PUBLIC HEARING ON AUGUST 3, 2010. Councilmember Wilson asked if this allowed enough time to hold a public hearing. Mr. Clifton answered City Clerk Sandy Chase has already issued a public notice for the August 3, 2010 public hearing. MOTION CARRIED UNANIMOUSLY. Packet Page 170 of 319 APPROVED Planning Board Minutes July 22, 2009 Page 13 CODE REWRITE: POTENTIAL UPDATES TO THE CITY’S STATE ENVIRONMENTAL PROTECTION ACT (SEPA) RULES (ECDC 20.15A) Mr. Lien explained that the current SEPA (ECDC 20.15.A) regulations were initially adopted in 1984 in order to be in compliance with the new State’s new SEPA rules. Since that time, only minor amendments have been made to the City’s document. Staff believes it is appropriate for the City to update their code to incorporate the numerous changes that have occurred at the State level, particularly those having to do with the Growth Management Act (GMA) and SEPA review. Mr. Lien referred the Board to the table that was prepared by staff to identify the proposed changes. He noted that many of the proposed amendments are related to SEPA thresholds. He explained that State SEPA rules allow local jurisdictions to modify the categorically exempt threshold levels for certain minor new construction activities. However, to date, the City has only modified one threshold. The clearing and grading threshold was increased to the maximum 400 cubic yards allowed by the State. He suggested the City should undertake a thorough review of the flexible thresholds and consider modifying the threshold levels as follows: • At this time, the City requires SEPA review for construction or location of any residential structures of four dwelling units or more. However, State law allows the City to increase the threshold up to 20 dwelling units. • The City currently requires SEPA review for the construction of an office, school, commercial, etc. building with 4,000 square feet or more of gross floor area, with associated parking facilities designed for 20 automobiles. This threshold could be modified up to 12,000 square feet and 40 automobiles. • The City’s threshold of 20 automobiles for parking lots can be modified up to 40 vehicles. Mr. Lien explained that the City may choose to adjust the threshold levels to apply city-wide, or apply different threshold levels to different zones within the City. For example, perhaps it would be more appropriate to keep the thresholds lower in residential zones, but allow a greater threshold in commercial zones. He announced that of the 164 SEPA reviews that have occurred in the City since 2004, 59 were not subject to the threshold but were triggered for other reasons. Three multi-family residential developments could have benefited from the flexible thresholds, and 35 projects triggered SEPA review because they exceeded the threshold for fill. Mr. Lien recalled that ECDC 20.04 was recently adopted as part of the amendments to Title 20 regarding permit process. He noted that this section largely deals with SEPA review and planned actions. He suggested the Board consider moving ECDC 20.04 to ECDC 20.15A for ease of implementation and understanding of the development code. Board Member Reed observed that many of the proposed amendments are administrative in nature to make Title 20 consistent with the Washington Administrative Code (WAC). Mr. Lien answered affirmatively and noted that consistency is required. Board Member Reed suggested it would be helpful to have a decision tree that identifies the areas where the Board will have to provide direction and/or policy recommendations. Vice Chair Lovell asked Mr. Lien to prepare a matrix that identifies how changing the current SEPA thresholds would impact areas such as downtown, Highway 99, the waterfront, Five Corners, etc. He reminded the Board of their charge to come up with plans and suggestions for the City Council as to how the City could enhance development and generate revenue. He suggested the Board discuss whether or not it would be appropriate to relax the thresholds in order to enhance opportunities for development without the extra burden of SEPA. Board Member Stewart reminded the Board that the City is trying to encourage sustainability and alternative choices of transportation. Reducing the amount of parking required would be one way to encourage this. REVIEW OF EXTENDED AGENDA Chair Bowman reported that he would meet with Mr. Chave over the next week to solidify the date for the Planning Board Retreat. He said he would confirm the date via email as soon as possible. Packet Page 171 of 319 APPROVED Planning Board Minutes February 24, 2010 Page 9 establishing a monetary hurdle for religious organizations could be considered in opposition to their freedom of religious exercise.  Section 17.20.110 – No Intent to Create Protected/Benefited Class. Mr. Park explained that this section is intended to promote the health, safety and welfare of the general public. It further states that nothing contained in the chapter should be construed to create or establish any particular class or group of persons who will or should be especially protected or benefited by the provisions in this chapter. Board Member Reed suggested the Board appoint a subcommittee to work with Mr. Park and staff to create draft code language for the Board’s consideration at a future time. Mr. Park explained that his intent was to provide a basic template for the Board to begin their discussion. His goal was to provide a rough idea of the legal parameters surrounding the issue and solicit feedback from the Board about how restrictive the ordinance should be. He would also like feedback about the ability of religious groups to petition the decision maker for possible exceptions to the standards, etc. Vice Chair Lovell summarized that Mr. Park would collect sample ordinances that have been adopted and used successfully by other jurisdictions. This information could be used as a template to prepare draft code language for the Board’s consideration in March. Once the code language has been presented to the Board again, they may decide to appoint a subcommittee to review the document further and report back to the Board. Mr. Park agreed to work with City staff and the Fire Marshal to address issues related to building and fire code requirements. Mr. Park also agreed to work with staff to prepare additional information related to logistics, space, size, etc. Board Member Johnson reminded staff of her earlier request that a drawing be provided to illustrate how the proposed language would be applied to a given site. The Board discussed that it would be appropriate to forward a joint recommendation to the City Council regarding the temporary homeless shelters and temporary homeless encampments at the same time. Mr. Park reminded the Board that the interim ordinance related to temporary homeless shelters was adopted by the City Council on December 15, 2009 and would expire on June 15, 2010. THE BOARD RECESSED THE MEETING FOR A SHORT BREAK AT 9:02 P.M. THEY RECONVENED THE MEETING AT 9:12 P.M. CODE REWRITE: PROPOSED UPDATES TO THE CITY’S STATE ENVIRONMENTAL PROTECTION ACT (SEPA) RULES (ECDC 20.15A) (FILE NO. AMD-2009-6) Mr. Lien reviewed that the City’s SEPA regulations are codified in Edmonds Community Development Code (ECDC) 20.15A, and the original regulations were adopted under Ordinance 1855 in 1976. In 1984, the City adopted Ordinance 2461, which created ECDC 20.15A in order to come into compliance with the new SEPA rules in the Washington Administrative Code (WAC) 197-11 and the Model SEPA Ordinance in WAC 173-806. The SEPA regulations currently used by the City are essentially the same that were adopted 25 years ago, with only some minor amendments. He reminded the Board that the SEPA regulations (ECDC 20.15A) are being reviewed as part of the City’s comprehensive review of its development regulations. Due to changes to the Revised Code of Washington (RCW), WAC, and the City’s own code, ECDC 20.15A is long overdue for an update. He reviewed the issues being considered as part of the review as follows:  Adoption by Reference. ECDC 20.15A adopts significant portions of WAC 197-11 (SEPA rules) by reference. Sections of WAC 197-11 have been added and/or removed since the City adopted Ordinance 2461 in 1984, particularly in regards to SEPA and Growth Management Act (GMA) integration. The proposed update would review changes in WAC 197-11 and the adoption lists in ECDC 20.15A to ensure the City is up-to-date and compliant with the State regulations.  Model Code. ECDC 20.15A is largely based off the model code in WAC 173-806. As with WAC 197-11, there have been changes since 1984. The update will review WAC 173-806 and make updates to ECDC 20.15A where appropriate to ensure the City is up-to-date and compliant with State regulations. Packet Page 172 of 319 APPROVED Planning Board Minutes February 24, 2010 Page 10  Consistency. As with the State rules, the ECDC has undergone a number of amendments since 1984. The update will ensure ECDC 20.15A is consistent with the rest of the City’s development regulations.  Categorical Exemptions – Flexible Thresholds. State SEPA rules allow jurisdictions to modify the categorically exempt threshold levels for certain minor new construction activities. The City has only modified one of these flexible thresholds (landfill and excavation), and staff is proposing some changes. Vice Chair Lovell said he read through the existing and proposed code language. He asked if it is correct that the City could request concessions from developers, as part of the SEPA review process, to mitigate the environmental impacts associated with proposed projects. Mr. Lien agreed that the City could place conditions on an application to mitigate the environmental impacts. He explained that there are several types of projects that automatically require a SEPA review. In other situations, a SEPA review would only be required if a proposed projects meets or exceeds the thresholds identified in the ordinance. If a SEPA review is required, the City has the ability to issue a Determination of Non-Significance (DNS), a Determination of Significance (DS) or a Mitigated Determination of Non-Significance (MDNS). An MDNS can be used to impose additional conditions upon an applicant to mitigate impacts associated with the project. In addition, the development code gives the City substantive authority to place conditions on permits that fall outside of the purview of the SEPA review. He noted that the SEPA review is done upfront so mitigation measures can be in place at the time a project or proposal comes before the Board for review. Board Member Reed asked staff to identify the types of projects and permits that would not require a SEPA review if the City were to make no changes to ECDC 20.15A except to make it consistent with the new State SEPA rules. Mr. Lien answered that WAC 197-11-800 provides a list of exemptions, and there is also a list of statutory exemptions in the RCW. He explained that the SEPA review requirement is not necessarily tied to property but to project proposals. No properties are categorically exempt from SEPA review, but some projects are. For example, the current Edmonds code exempts residential structures of four or fewer dwelling units. Mr. Chave added that this threshold exemption currently applies citywide, and does not differentiate by location. Staff would like the Board to provide direction about whether it would be appropriate to have the same threshold for the downtown, the neighborhood commercial centers, and Highway 99. Mr. Lien advised that WAC 197-11-800 establishes thresholds for certain minor new construction that are categorically exempt from threshold determination and EIS requirements. It also allows cities to raise the exemption levels to a specified amount. Again, he noted that the City has only raised threshold to the maximum amount allowed. He reviewed each of the flexible threshold categories and how they could be modified as follows: 1. The construction or location of any residential structure of four dwelling units. WAC 197-11-800 allows this threshold to be modified up to 20 dwelling units. 2. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 10,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots. WAC 197-11-800 allows this threshold to be modified up to 30,000 square feet. 3. The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, and with associated parking facilities designed for 20 automobiles. WAC 197-11-800 allows this threshold to be modified up to 12,000 square feet and 40 automobiles. 4. The construction of a parking lot designed for twenty automobiles. WAC 197-11-800 allows this threshold to be modified up to 40 automobiles. 5. Any landfill or excavation of 100 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76-09-050 or regulations there under. The City has already bumped this up to 500 cubic yards, which is the maximum allowed by WAC 197-11-800. Board Member Reed asked if the 500 cubic yard threshold for fill and excavation would be a combined measurement or would the regulation allow 500 cubic yards of fill and 500 cubic yards of excavation. Mr. Lien said the City has traditionally measured the two separately. Any fill or excavation of less than 500 cubic yards has been exempt from SEPA. When reviewing the flexible thresholds, Mr. Lien advised that the Board has the following options: Packet Page 173 of 319 APPROVED Planning Board Minutes February 24, 2010 Page 11 1. Leave the levels at the minimums established by WAC 197-11-800(1)(b). 2. Increase all or a portion of the levels for the entire City. 3. Establish different threshold levels for different Comprehensive Plan designations. 4. Establish different threshold levels for different zones. 5. Establish different threshold levels considering zoning and Comprehensive Plan designations. Mr. Lien said staff is proposing the City adjust the flexible threshold levels by zone and consider the Comprehensive Plan designations, as well. He referred to Table 1 of the Staff Report, which outlines the staff’s proposed threshold levels for the different zones throughout the City. He also referred to the memorandum he prepared dated February 24th and explained that determining the environmental impact of a development involves the context and intensity of the development and does not lend itself to a formula or quantifiable test. The context may vary with the physical setting, and intensity depends on the magnitude and duration of an impact. The same proposal may have a significant impact in one location, but not in another. For instance a 3-story, 6-unit multi-family residential development in the bowl of Edmonds may impact the views of several residences and have the potential for impact. However, the same development in a multi-family residential zone along Highway 99 is less likely to have any impacts, particularly to views. Mr. Lien reminded the Board that the varying zones throughout the City were established for different reasons. ECDC 16.00.010.B lists one of the purposes of establishing zones is as follows: “To protect the character and the social and economic stability of residential, commercial, industrial, and other uses within the City, and to ensure the orderly and beneficial development of those uses by: 1. Preserving and retaining appropriate areas for each type of use; 2. Preventing encroachment into these areas by incompatible uses; and 3. By regulating the use of individual parcels of land to prevent unreasonable detrimental effects of nearby uses.” Mr. Lien said each of the zone chapters of ECDC identifies the purpose for the specific zones. For instance, ECDC 16.20.000 describes the purpose of the Single-Family Residential Zones and ECDC 16.60.005 describes the purposes of the General Commercial Zones. Mr. Lien explained that the thresholds proposed would take into consideration the uses allowed in the zones, the intensity of development allowed, the character of development intended for the zone by the Comprehensive Plan, and potential for controversy of particular development activities. For example, he suggested multi-family development within the Downtown/Waterfront Activity Center could maintain the current threshold of four dwelling units, but the threshold could be raised in areas such as Highway 99 and other activity centers. He said staff is also recommending that the thresholds be maximized across the board for the General Commercial (CG) zones along Highway 99. This would encourage development by eliminating one of the permitting processes for commercial development. Board Member Cloutier inquired if staff is proposing that the threshold for the Harbor Square Property be increased to 20,000 square feet. Mr. Lien reminded the Board that this property is currently zoned with a contract that does not even allow residential development. It is considered a commercial site. Mr. Chave suggested that it would make the most sense to determine the thresholds based on both the Comprehensive Plan and the zoning. For example, it could be problematic to raise the threshold for multi-family residential zones on portions of Edmonds Way where there is very little separation between the multi-family and single-family development. However, raising the threshold would make more sense on Highway 99 where there is much more intense development. Mr. Lien explained that many projects are triggered by more than one of the flexible thresholds or by other SEPA requirements. He reported that since 2004 there have been 178 SEPA reviews conducted by the City, and 108 of them have been subject to the flexible thresholds. The most common SEPA trigger since 2005 has been the landfill and excavation levels, even though the level has already been maxed out by the City. Ninety of the projects exceeded the 500 cubic yards threshold, and 48 SEPA reviews were triggered solely by landfill or excavation levels. With the proposed categorical Packet Page 174 of 319 APPROVED Planning Board Minutes February 24, 2010 Page 12 exemption levels identified in the table, 6 of the 178 projects requiring SEPA review since 2004 would have been exempt. He briefly reviewed the details in the table. Mr. Lien advised that raising the flexible thresholds may have a few different impacts on the review process. For example:  Projects that currently require SEPA review are forwarded to the Architectural Design Board (ADB) for design review. Staff conducts design review for projects that do not require SEPA. If the threshold levels are raised, fewer projects may be going to the ADB.  SEPA also has a public notice requirement. Some projects that trigger SEPA also have public notice requirements so if SEPA was not required, notice of the project would still be carried out. However, other projects (such as a 5-unit condo) would not require a public notice on its own. With the current thresholds, a 5-unit condo would require SEPA review and a public notice. If the threshold were raised, fewer projects may require public notice.  Raising the SEPA threshold level may provide one less hurdle for developers. One of the purposes of the General Commercial Zone is to “Encourage the development and retention of commercial uses which provide high economic benefit to the city. Mixed-use and transit-oriented developments are encouraged which provide significant commercial uses as a component of an overall mixed development scheme.” Maxing out the flexible threshold level in the General Commercial Zone is one way to help encourage development in the zone. Board Member Reed asked the difference in the review process for SEPA and non-SEPA projects. Mr. Lien answered that removing the requirement for ADB review would reduce the permit time. In addition, the public notice process adds time to the permit. He suggested the permit review time could be reduced by approximately 30 days if no ADB review were required. Board Member Reed asked how many times the City has issued a Determination of Significance. Mr. Lien answered that there has only been one Determination of Significance since 2004. An EIS was required, and the applicant withdrew the project. Board Member Stewart said she would support the proposal to increase the flexible thresholds for properties along Highway 99 to encourage development. Transit-oriented development and density make sense in this area. However, she said she has strong reservations about increasing the thresholds for other parts of the City, particularly within the Downtown/Waterfront Activity Center. She noted that development of any land that has not already been degraded and any land near the waterfront would have the potential of increasing stormwater runoff, erosion and other impacts to the environment. She agreed with Ms. Petso’s earlier remarks that the City should not necessarily try to escape the SEPA process. She said she can understand why this would be desirable for developers because the process can be lengthy. She read the following excerpt from Page 11 of the State Environmental Policy Act Handbook: The State Environmental Policy Act (SEPA) may be the most powerful legal tool for protecting the environment of the state. Among other things, the law requires all state and local governments within the state to:  "Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man's environment;" and  Ensure that "...environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations...." Board Member Stewart reminded the Board that the City recently adopted the Community Sustainability Element of the Comprehensive Plan, and the Board should keep this element in mind as guidance as they go forward. She hopes the City can attract developers who are sensitive to the environment \ and are willing to use sustainable building practices when designing and developing projects, particularly along the waterfront. She observed that the purpose of SEPA is to protect the environment, and they must rely on the environment to sustain the community for generations to come. Mr. Lien pointed out that no threshold changes have been proposed for properties in the Downtown/Waterfront Activity Center. VICE CHAIR LOVELL LEFT THE MEETING AT 9:48 P.M. Mr. Chave reminded the Board that the City must amend their SEPA regulations to be consistent with current state law. In addition, staff felt it would be appropriate to review the threshold standards and recommend appropriate adjustments. A lot Packet Page 175 of 319 APPROVED Planning Board Minutes February 24, 2010 Page 13 has happened since the City adopted their original SEPA rules prior to GMA. There were no critical areas regulations and other state laws that required SEPA to be coordinated with other development regulations. SEPA is not a tool for imposing standards that are already covered by other City regulations. For example, when the Critical Areas Ordinance dictates how natural features are to be handled, SEPA cannot be used to alter the standards. In earlier years, SEPA was used to address wetlands and other environmental issues, but this is no longer possible. Now the Critical Areas Ordinance dictates these standards, and it is much more restrictive than SEPA. He summarized that the issue is not as simple as saying if you change SEPA or elevate the standards, you will be less protective of the environment, because the environmental standards have changed significantly. Mr. Chave recognized there are emerging issues related to sustainability and climate control, but they have not been formulated at this point. While the SEPA program could ask local jurisdictions to analyze these issues, there are no standards in place to conduct the analysis and it could become an expensive and subjective process. Also, until there are mitigation standards in place, the City cannot really address issues related to climate change as part of SEPA. He noted that both Seattle and King County talked about requiring this type of analysis, but no one has identified what the actual mitigation would look like. The issue is more complicated in Edmonds because there is so little new development. If the City were to use the SEPA process to analyze and mitigate climate changes and sustainability, it would only apply to new development. SEPA does not apply to upgrades of existing facilities, which is more the type of development activity that occurs in Edmonds. Mr. Chave cautioned that SEPA is one aspect of sustainability, but not the largest. There are far more important things going forward to address these issues. The Board should keep in mind the context of the purpose and limitations of SEPA. That does not mean they should lift the thresholds, but when determining whether or not they change the thresholds, they should keep in mind the overall purpose and impact. Board Member Reed asked what review process is used to deal with projects that do not require SEPA review. Mr. Chave answered that issues related to retrofitting and renovating buildings are addressed by the building codes and permit requirements. It is possible to tweak the building codes to impose green building standards, but it would require a different process that does not involve SEPA. Board Member Reed asked if the ADB explores the environmental aspects of a project as part of their review. Mr. Chave answered that the ADB’s review focuses on architectural design. The City’s Development Code address issues such as critical areas, stormwater, etc. Board Member Reed recalled Mr. Lien’s earlier comment that changing the SEPA thresholds could change the review process and notice requirements, depending on the location of a project. This would be particularly true for Highway 99 because the ADB Standards are much higher than the SEPA Standards. SEPA requirements would not push a development on Highway 99 into ADB review, where it would elsewhere. In the Neighborhood Business (BN) Activity Centers, the change might be significant enough that it would warrant maintaining the existing thresholds. Board Member Cloutier said it appears there would only be a 5% change in work load for staff if the thresholds were adjusted as proposed. He questioned why they are going through the process of raising the thresholds for such a small change in the workload. Mr. Lien said he was surprised that only a few projects would have been impacted by the proposed changes. Mr. Chave explained that reducing the workload is not the goal of the proposed changes. It is more about getting the most value possible out of the process. He reminded the Board of the City’s desire to focus on Highway 99 as a transit- oriented growth area. Even though there has not been a lot of activity on Highway 99 that triggered SEPA review, there is potential for large projects in the future. In general, developers look at the process and requirements when evaluating sites within different jurisdictions. To the extent the City can coordinate and simplify the process, they should use this slow period to set the stage for future development. This will place them in a good position when the economy recovers. He expressed his belief that Highway 99 might be the City’s best opportunity for change. Board Member Johnson thanked Mr. Lien for the additional analysis he provided in his recent memorandum. The information will help the Board understand the context of the regulations and determine what the changes would mean. She said she was surprised to learn that so few projects would have been impacted by the proposed changes. Packet Page 176 of 319 APPROVED Planning Board Minutes February 24, 2010 Page 14 Board Member Johnson recalled that the City Council has identified a number of locations for economic development such as Westgate, Five Corners, and Firdale Village. These are areas where economic development can be encouraged and the process streamlined. She questioned how the flexible thresholds and SEPA could be used to encourage future development. Board Member Cloutier pointed out on the zoning map that almost all of the neighborhood centers would be unaffected by the proposed changes, which makes sense because they are adjacent to single-family development. The only places the changes would really have an impact are Highway 99 and the multi-family residential corridors on 212th and 196th Streets. He suggested that all reference to the Downtown/Waterfront Activity Center be eliminated from the proposed threshold change. Mr. Chave agreed that it might not make a lot of sense to change the thresholds in the BN zones in the downtown, but they should consider possible changes for the areas identified by Board Member Cloutier, as well as the Westgate area where there is a high concentration of multi-family residential that is separated from the single-family residential by topography. In light of the Citizens Economic Development Commission’s work and the City Council’s recent discussion about economic development, Board Member Reed suggested it might be premature to discuss significant changes for Westgate, Five Corners, etc. Mr. Chave reported that at the City Council’s retreat, he strongly encouraged them to hire a consultant to do the public process for Westgate and Five Corners. These are two locations that would benefit from a public process that is controlled by the City. He said he would like to give the City Council an opportunity to respond before the Board jumps in. Board Member Reed suggested it would be wise to study how the proposed new thresholds would work in the Highway 99/Medical Activity Center. Mr. Chave agreed that it would be helpful to review the proposed changes in the context of the General Commercial Zone requirements. Board Member Reed expressed his belief that raising the thresholds for Highway 99 would reduce the length of the review process. Board Member Reed said he would be interested in seeing only the changes that are required to make the City’s Code consistent with State regulations. Then he would like to see what the additional changes would be if the thresholds were altered. Mr. Lien noted that the changes identified in red are those that are intended to make the document consistent with the model ordinance, State law and the City’s code. The proposed changes related to thresholds are found on Page 6 of the draft ordinance. All other changes are intended to make the various documents consistent. The Board agreed they would like to consider changes to the flexible thresholds, but only for the Highway 99 corridor and other multi-family residential areas along main arterials (212th, 196th and portions of SR-104). They directed staff to update the document and bring it back for further Board review. They agreed that their work on the Westgate Corridor should be postponed until a comprehensive review has been completed as referenced earlier by Mr. Chave. No changes should be made to the thresholds as they apply to the Westgate area at this time. REVIEW OF EXTENDED AGENDA Mr. Chave agreed to meet with Chair Bowman and Vice Chair Lovell to prepare an extended agenda prior to the Board’s next meeting. PLANNING BOARD CHAIR COMMENTS Neither the Chair nor the Vice Chair were present to comment during this portion of the meeting. PLANNING BOARD MEMBER COMMENTS Board Member Stewart reported on her attendance at the Building Code Panel on February 23rd where the Washington Building Code Council was present to talk about State Building Codes; how they must be reviewed every three years and how difficult it is to impose change related to higher energy requirements and more low-impact development strategies. The presenter said that while they are all important issues, they cost money for developers to implement. He acknowledged that it is a struggle to create change, but there is a move adrift to create more sustainable development. He noted that city codes Packet Page 177 of 319 APPROVED Planning Board Minutes April 14, 2010 Page 3 asked if the participants would have an opportunity to suggest additional indicators that are not included on the Board’s spreadsheet. Board Member Cloutier answered affirmatively. Board Member Stewart recalled a discussion amongst Board members about the focus of the Community Sustainability Element. The discussion picked up on key points such as community health, climate change, etc. Since the City has already adopted a Community Sustainability Element, she suggested the next step is to identify indicators that are meaningful and clear to the public. Board Member Cloutier said the subcommittee is looking for ideas from the Board about how to organize the items on the spreadsheet. He summarized there are now 15 goals and approximately 80 indicators, which he felt is an appropriate balance. There should be approximately five indicators for each goal. He suggested one approach would be to pick a goal and identify the indicators that are the most important for that goal and then move onto the next goal. Board Member Stewart said another approach would be to bundle the indicators into categories. She referred to examples she provided earlier about how the indicators could be sorted out. The Board agreed it would be appropriate to hold a retreat discussion about sustainability indicators. CODE REWRITE: PROPOSED UPDATES TO THE CITY’S STATE ENVIRONMENTAL POLICY ACT (SEPA) RULES (ECDC 20.15A) (FILE NUMBER AMD-2009-6) Mr. Lien reminded the Board that potential updates to the SEPA rules (ECDC 20.15A) were presented to the Planning Board on July 22, 2009, and the Board directed staff to propose new flexible thresholds for categorical exemptions under SEPA. Staff’s proposed new flexible thresholds were presented to the Board on February 24, 2010, and the Board agreed they would like to consider the changes, but only for the Highway 99 Corridor and multi-family residential areas along main arterials such as 212th Street Southwest, 196th Street Southwest, and State Route 104 (Edmonds Way Corridor or SR-104). They directed staff to update the proposal and bring it back for further Board review. Mr. Lien explained that the Washington Administrative Code (WAC) establishes thresholds for certain minor new construction projects that are categorically exempt from threshold determination and Environmental Impact Statement (EIS) requirements. It allows cities to raise the exemption levels to specified amounts, and currently the City has only raised one of the thresholds to the maximum amount allowed. He reviewed each of the flexible thresholds as follows:  The construction or location of any residential structures of four dwelling units. This threshold can be modified up to 20 dwelling units.  The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 10,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the project. This threshold can be modified up to 30,000 square feet, but it is not really applicable to the City of Edmonds.  The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, and with associated parking facilities designed for twenty automobiles. This threshold can be modified up to 12,000 square feet and 40 automobiles.  The construction of a parking lot designed for twenty automobiles. This threshold can be modified up to 40 automobiles.  Any landfill or excavation of 100 cubic yards throughout the lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations hereunder. The City has already bumped this threshold up to the maximum of 500 cubic yards. Mr. Lien reported that, as per the Board’s direction, staff prepared four alternatives for raising the flexible threshold levels for the Board’s consideration. He reviewed each of the alternatives as follows:  Alternative 1. This alternative would raise the flexible thresholds for areas within the Edmonds Way Corridor and the Highway 99 Corridor as identified in the Comprehensive Plan. It would also raise the thresholds along 212th Street Southwest and 196th Street Southwest. This alternative would raise the threshold for residential units along the Packet Page 178 of 319 APPROVED Planning Board Minutes April 14, 2010 Page 4 Edmonds Way Corridor from 4 units to 20 units for residential structures, but it would keep the remaining thresholds as they currently exist. He noted that the majority of the Edmonds Way Corridor is zoned RM-1.5, with a few pockets of commercially zoned property. Given the potential traffic issues and critical areas along SR-104, only the residential units are proposed for an increase in threshold levels. Along the Highway 99 Corridor, the proposal is to raise the flexible threshold for all categories to the maximum. The City is looking to encourage development in this area, and raising the thresholds that trigger SEPA review is one way to simplify the process for developers. The 212th Street Southwest and 196th Street Southwest Corridors do not have specific Comprehensive Plan corridor designations, except those portions within the Medical/Highway 99 Activity Center). The 196th Street Southwest arterial is lined with multi-family development and has a variety of multi-family zoning. There are no commercially zoned properties along this strip, so the proposal is to only raise the residential structure threshold to the maximum 20 units. A variety of zones exist west of the Five Corners area along the 212th Street Southwest arterial. Therefore, the proposal is to increase all of the flexible threshold levels to the maximum.  Alternative 2. Alternative 2 would expand on the area identified in Alternative 1 by including the Medical/Highway 99 Comprehensive Plan overlay area and the multi-family area along 76th Avenue West. The Medical/Highway 99 Activity Center is intended to encourage development of a pedestrian and transit-oriented area focused on two master planned developments: Stevens Hospital and the high school. There is also a related high-density development corridor along Highway 99. The Comprehensive Plan calls for expanding the economic and tax base of the City of Edmonds by providing incentives for business and commercial development in a planned activity center. Alternative 2 would increase all the flexible thresholds within the Medical/Highway 99 Activity Center to their maximum levels. 76th Avenue West is another main arterial that is lined with multi-family zones and multi-family development. Alternative 2 proposes to increase the flexible threshold for residential structures only from 4 units to 20 units while keeping the remaining thresholds as they currently exist.  Alternatives 3 and 4. The Edmonds Way Corridor serves as a key transportation corridor, providing a link between Edmonds and Interstate 5. Established residential areas lie on both sides of the corridor, and an established pattern of multi-family residential development lies along much of the corridor. There are small-scale businesses found primarily at the intersections. A major concern is that the more intense development that occurs along the corridor should not interfere with the flow of through traffic or intrude into adjoining established communities. Therefore, flexible thresholds for the Edmonds Way Corridor were not included in Alternatives 3 and 4. Along the 212th Street Southwest, 196th Street Southwest and 76th Avenue West arterials are thin strips of multi-family zones that tight-line the arterials and have single-family neighborhoods behind them. Any dense multi-family development within these multi-family zones would likely have some impact on the adjacent single-family neighbors. Given the potential for impacts, these arterials were removed from Alternatives 3 and 4. Alternative 3 would increase all flexible thresholds for the Highway 99 Corridor and the Medical/Highway 99 Activity Center since these are two areas where the City wants to encourage and promote development. The Medical/Highway 99 Activity Center contains some single-family neighborhoods that could be impacted by projects so Alternative 4 would raise all the flexible thresholds for only the Highway 99 Corridor, which is mostly commercial in nature with some multi-family development along the fringes. Vice Chair Lovell summarized that it appears Alternative 2 would be the most generous in terms of area allocated to potential increases. He said he would support Alternative 2 because in the long-term, it is the City’s goal to have growth occur in commercial and multi-family zoned areas that are closer to public transportation, main arterials, shopping and other highly used public facilities as opposed to trying to accommodate too many people in the downtown and waterfront. Creating flexibility on Highway 99 and the Medical/Highway 99 Activity Center would be to the benefit of the hospital in the long-term as they plan for their future. In addition, properties near 212th Street Southwest and 196th Street Southwest would continue to grow around the corridor. He expressed his belief that commercial and multi-family expansion should occur on arterials that move east and west from Highway 99. Packet Page 179 of 319 APPROVED Planning Board Minutes April 14, 2010 Page 5 Board Member Guenther said he has filled out numerous SEPA Checklists and has never felt they were a deterrent to development. He questioned how changing the flexible threshold levels would encourage development. Mr. Lien answered that the change would remove one more step in the permit process. He noted that the majority of SEPA review in the City is triggered by the landfill and excavation threshold, which has already been maxed out. Board Member Stewart questioned the difference between the threshold related to the number of residential units and the threshold related to the square footage of the gross floor area. Mr. Lien pointed out that the thresholds would be measured separately for mixed-use projects. Given the City’s new Community Sustainability Element, Board Member Stewart suggested the City should encourage developers along the Highway 99 Corridor to utilize the transit opportunities that are currently available rather than providing more pavement for people to park their cars. Instead of pavement, more open space and places for rainwater to infiltrate could be accommodated. She suggested the threshold remain at 20 parking spaces in all areas. Mr. Lien clarified that the City has separate parking requirements that may require more than 20 parking spaces for some projects. Chair Bowman observed that transportation bottlenecks could occur on major arterials as a result of new development. For example, if the ferry traffic on SR-104 continues to grow creating more traffic gridlock, additional development along SR- 104 could result in more impact. Mr. Lien emphasized that Alternatives 3 and 4 have eliminated changes to SR-104 for that reason. Board Member Cloutier recalled that the last time the Board discussed this item with staff, Mr. Lien pointed out that of all the applications the City has reviewed since 2004, very few would have triggered the SEPA limit even if the flexible thresholds were changed to the maximum allowed as per Alternative 1. Mr. Lien reiterated that of the 178 SEPA reviews that have occurred since 2004, 108 were subject to the flexible thresholds. The most common trigger was the landfill and excavation threshold. He recalled that at the Board’s last discussion, the recommendation was to raise the thresholds for all zones through the City, which would only have impacted nine of the SEPA reviews that occurred since 2004. Board Member Cloutier said that when putting the flexible thresholds in line with the City’s vision, changing the thresholds would not alter the City’s Development Code. However, adjusting the thresholds would make the SEPA rules consistent with the Revised Code of Washington (RCW) and the Washington Administrative Code (WAC). The changes would also be consistent with the way the City wants to grow. Board Member Guenther requested information about the types of SEPA determinations that have been made by the City over the past several years. Mr. Lien answered that since 2004, the City has only issued one Determination of Significance. The rest of the determinations have been Determinations of Non-Significance or Mitigated Determinations of Non- Significance. Board Member Reed noted that the applicant who received a Determination of Significance withdrew the application. Board Member Guenther pointed out that changing the thresholds would only have an impact on situations where mitigation would be required. Board Member Reed said that as development occurs on 196th Street Southwest, 212th Street Southwest and SR-104, he is concerned about additional access to the major arterials. While he said he would support Alternative 3, he is still concerned about how the arterials would accommodate additional access points. He said he would prefer to leave the thresholds as they currently exist. Board Member Johnson said she tends to favor Alternative 3 or Alternative 4, which both limit the changes to the Highway 99 Corridor and the Medical/Highway 99 Activity Center. She felt that Alternatives 3 and 4 would both be consistent with direction provided by the CEDC to increase sales tax revenue. However, she suggested the Board seek input from the CEDC and the Economic Development Director prior to conducting a public hearing on the proposed alternatives. She said she does not see a compelling reason to change the flexible thresholds for the other arterials where multi-family development currently exists in the SR-99 Corridor. She said she was relatively convinced by the staff’s explanation at the last meeting as to why they should keep the Packet Page 180 of 319 APPROVED Planning Board Minutes April 14, 2010 Page 6 thresholds lower for the downtown zones. Using this same logic, she said she found it difficult to differentiate between one area in the City and another. She said she would prefer to consider threshold changes for the various neighborhood activity centers as part of the individual studies. However, she agreed there is clear direction for increasing commercial development along the Highway 99 Corridor, and if changing the thresholds would help, she would support the changes proposed for the Medical/Highway 99 Activity Center, as well. Board Member Johnson invited Mr. Lien to share staff’s recommendation, based on their experience with and knowledge of SEPA. Mr. Lien said he would recommend either Alternative 3 or Alternative 4. They would be easy to explain and administer and refer to areas that are clearly defined in the Comprehensive Plan. When considering potential changes on 212th Street Southwest, 196th Street Southwest and 76th Avenue West, staff had a hard time drawing the actual lines on the map for where the changes would be applicable. The Comprehensive Plan clearly states that Highway 99 is an area where the City wants to encourage economic development. Staff believes that adjusting the thresholds would make the development process a little easier. Chair Bowman said he favors Alternative 3 for the reasons stated by staff. He said he is very concerned about the Edmonds Way Corridor, but Highway 99 was built to accommodate a lot of through traffic. He reminded the Board of their previous discussions about transition zones from high-density development to single-family residential neighborhoods. He said the mindset of the City seems to be that the Medical/Highway 99 Activity Center and the Highway 99 Corridor are both places where economic development should be encouraged. He would support changing the thresholds in these areas. However, he suggested the Board take a much more cautious approach when considering changes for other areas. Board Member Guenther said he would support either Alternative 2 or Alternative 3. He emphasized that Edmonds is a built-out urban environment. He reminded the Board that significant impacts would be addressed through the SEPA review. Raising the thresholds on Highway 99 and in the Medical/Highway 99 Activity Center would be appropriate, and he agreed with Vice Chair Lovell that they could add other areas as shown in Alternative 2. Board Member Stewart said she would prefer Alternative 3, which would allow the City to capture and utilize the transit opportunities that are already present on Highway 99. In addition, the Medical/Highway 99 Activity Center is ripe for redevelopment. She felt it would be appropriate to focus the changes on these two areas to send a strong message as a starting point. Board Member Cloutier said he would support either Alternative 2 or Alternative 3, as long as both the Highway 99 Corridor and the Medical/Highway 99 Activity Center are included. He felt that including the neighborhood centers would also be a good idea. However, in the grand scheme, he did not believe the changes would alter the rate of development in the City. The majority of the Board indicated support for Alternative 3. The majority further agreed that the flexible thresholds should be bumped up across the board for both the Highway 99 Corridor and the Medical/Highway 99 Activity Center. Board Member Reed, however, expressed concern about increasing the threshold from 4 to 20 units in residential areas, particularly near the high school and within the Medical/Highway 99 Activity Center. Mr. Lien advised that the City’s original SEPA regulations were adopted in 1976, and were based off the original model ordinance in place at the time. Most of the proposed changes are intended to incorporate updates in the model ordinance, the City’s code and the RCW. He referred to Attachment 2 of the Staff Report, which highlights the more significant changes and reviewed each one as follows:  WAC 197-11-158 relates to the reliance on existing plans, laws, and regulations, and ECDC 20.04 contains similar language. Therefore, a new section was added (ECDC 20.15.A.025) that points to ECDC 20.04.002.  The model ordinance identifies adoption of WAC 197-11-238 as optional. It encourages Growth Management Act (GMA) cities to establish a process for monitoring the cumulative impacts of permit decisions and conditions and to use the data to update the information about existing conditions for built and natural environments. Staff believes that establishing such a monitoring program would be a large undertaking. In addition, existing conditions are already analyzed as part of updates to the Comprehensive Plan, the Shoreline Master Program, and the Critical Areas Ordinance. Packet Page 181 of 319 APPROVED Planning Board Minutes April 14, 2010 Page 7 Therefore, adoption of this section was not included in the proposed changes because it would just add an extra burden on the City for something that is already required.  In ECDC 20.15A.040, the term “Responsible Official” was changed from the “Community Services Director or his/her designee” to the “Planning Manager or his/her designee.” In addition, the designation would no longer have to occur in writing. This is similar to how the City currently does business.  The optional Determination of Non-Significance (DNS) Process in WAC 197-11-355 is a newly adopted code that provides GMA cities and counties the option of using a single, integrated comment period to obtain comments on the notice of application and the likely threshold of determination for the proposal. The proposed changes to ECDC 20.15A.060 would provide the City with another tool and may help speed permitting times in some instances.  As proposed, ECDC 20.15A.070 would be deleted. The time estimates are not binding and Title 20 contains the binding requirements for permitting.  ECDC 20.15A.120 would be changed to allow the City to modify the Environmental Checklist when a planned action, as identified in ECDC 20.040.003, is used. A planned action is similar to contract rezone or development agreement. A developer would complete an Environmental Impact Statement (EIS) that covers generally what they are planning to do. If what they apply for is consistent with the planned action, no further SEPA would be required. The proposed language would allow the environmental checklist to be modified in these situations.  ECDC 20.15A.170 was replaced with a pointer to a new section added to ECDC 20.03.002. The intent is for all notice requirements to be located in the same chapter of the ECDC.  A new list of policies from the model ordinance was added to ECDC 20.15A.220. Substantive authority is what gives the City the authority to attach conditions of approval to permits. In addition to the changes identified in Attachment 2, Mr. Lien referred to ECDC 20.15A.210. As proposed, the DNS or draft EIS for non-exempt proposals must accompany the City staff’s recommendation to any appropriate advisory body such as the Planning Board. He explained that after further consideration, staff is not considering the option of requiring the final EIS to be provided as part of the Planning Board’s information. He asked for feedback from the Board regarding this issue. He noted that the final EIS must be completed before a permit can be forwarded to the City Council for final approval. Vice Chair Lovell noted that preparation of a final EIS can be costly, and he questioned if requiring a final EIS could impact a potential developer’s willingness to proceed to the final permitting stage without some indication from the City that the permit would likely be approved. Mr. Lien said most of the EIS work would be done up front to address the issues raised by the City. Moving from a draft EIS to a final EIS does not involve a lengthy process and includes responding to each of the comments and perhaps making some minor adjustments. Typically, not a lot of changes are made between the draft and final EIS documents. However, he recognized that a draft EIS can take a lot of time to develop, and it will take additional time to complete the final EIS. Vice Chair Lovell expressed his belief that the sooner the Board is presented with information, the better. He said he would be in favor of allowing an applicant to submit a draft EIS for Planning Board review. Board Member Stewart concurred and noted that a draft EIS would propose various alternatives, and it would be helpful for the Board to view the range of options for mitigation. The Board agreed that a draft EIS would be adequate for Planning Board review. Next, Mr. Lien advised that WAC 197-11-164 defines planned actions, and the definition is already in the City’s title 20. Therefore, staff does not believe it is necessary to incorporate the definition into ECDC 20.15A. Board Member Reed referred to the proposed changes for ECDC 20.15A.040, which replaces “Community Services Director” with “Planning Manager.” He noted that throughout ECDC 20, the term “Development Services Director” is used. He questioned if a change would be appropriate to make the two documents consistent. Mr. Clugston explained that, in SEPA, the Planning Manager has always been the responsible party. However, he agreed this could be changed if the Board desires. Mr. Lien suggested that the Planning Manager continue to be the responsible official, since that is consistent with how the City current operates. The majority of the Board concurred. Mr. Lien said the next step in the process is to prepare updated materials using Alternative 3 as directed by the Board, and then schedule the item for a public hearing. Board Member Reed inquired if the other alternatives would also be reviewed at the public hearing. Mr. Lien answered that is possible, but he would rather present just the Board’s preferred alternative. Packet Page 182 of 319 APPROVED Planning Board Minutes April 14, 2010 Page 8 The Board concurred and Board Member Reed noted that the other alternatives would be available to the public as part of the record. UPDATE ON TITLE 20 PROCEDURES Mr. Clugston reviewed that Title 20 was adopted by the City Council in June 2009. As staff has administered the new code over the past several months, they have identified several areas that need further refinement. He advised that the proposed amendments focus on the following:  The majority of the changes are intended to better organize and/or clarify the language in an attempt to make it easier to use and administer.  While staff had originally felt it would be a good idea for applicant’s to be responsible for providing notice, they have found it difficult to get applicants to do the notices correctly. Staff now believes it would be appropriate for the City to reassume the public noticing requirement, and they believe the change would result in a more efficient use of staff time and ensure that notice is handled consistently.  Staff found that a number of permit descriptions and types identified in the matrix in Section 20.01.003.A do not actually exist in the City or they are called something else. They reviewed the chart and made changes to more accurately describe the City’s current processes. Mr. Clugston referred to Section 20.01.000, which is a new section outlining the purpose and intent of Title 20. Staff believes it is important to identify the purpose of Title 20 upfront. Board Member Reed referred to the proposed amendments to the decision matrix and noted that all Type III-A decisions have been eliminated from the matrix. Mr. Clugston agreed and explained that the City Council recently made the decision to change the permits that were identified as Type III-A decisions to Type III-B decisions, allowing the applications to come before the City Council for closed record reviews. He said staff tried to identify all the relevant permit types on the matrix, but they may have missed some that could fit into the Type III-A category. Board Member Reed explained that the City Council enacted an ordinance on January 5th that placed the City Council back into the decision-making process for certain items. These items were moved from Type III-A decisions to Type III-B decisions. The procedures for Type III-B decisions were not changed; as currently written, there is a provision for closed record reviews before the City Council. Board Member Stewart referred to Section 20.07.005.H, which allows the City Council to determine whether a decision by a hearing body/officer is clearly erroneous given the evidence in the record. After a closed record review, the City Council could affirm, modify or reverse the decision accordingly. She asked if this process has always been the case in the City of Edmonds. Mr. Clugston answered that this process was used previously by the City for many types of permits. When Title 20 was updated in June of 2009, a number of appeals were moved to the Hearing Examiner or Superior Court rather than to the City Council. However, in a recent action, the City Council decided to once again assume this responsibility some types of permits. Board Member Stewart asked if the City Council is in the position to do all of the necessary research to make an informed decision. She observed that the Hearing Examiner puts a lot of time into the process, and it appears the new process would allow his or her work to be undone too easily. Mr. Clugston advised that when amendments were presented to the City Council in early 2009, the City Attorney advised that they should move away from having closed record appeals. Instead, they should utilize the services of a Hearing Examiner (an independent body) to make these decisions. He recalled that when Title 20 was approved in 2009, it was a very contentious issue. When the new City Council was put in place in January 2010, this change was one of their first tasks. Vice Chair Lovell referred to Section 20.07.006 and expressed his belief that the currently-approved process has the potential of becoming quite a legal struggle. If the applicant or party of record does not like the City Council’s decision, they can take an issue to Superior Court for adjunctive relief. In these cases, the City Council would no longer be in the loop. Mr. Clugston agreed the current process offers an additional level of judicial appeal. Vice Chair Lovell noted that the process could be costly for either the City or the applicant. Chair Bowman agreed and said that was one of the Board’s original concerns when they forwarded their recommendation to the City Council in 2009. Packet Page 183 of 319 APPROVED Planning Board Minutes June 23, 2010 Page 3 Mr. Clugston recalled that the Board discussed the proposed amendment to the sign code at their April 14th and April 28th meetings. He explained that the proposed amendments would change the total number of permitted signs allowed in business and commercial zones to provide more flexibility for businesses on multi-tenant sites. He emphasized that all other requirements related to height, area, location, etc. would remain the same. He reminded the Board, that at the end of their last discussion, they directed staff to prepare code amendment language that would: 1. Increase the maximum number of signs allowed on multi-tenant business sites from one to three per subtenant business while allowing one group directory sign per multi-tenant site. 2. Exempt window signs from the total number of permanent permitted signs. Board Member Johnson recalled that at their April 28th meeting, Mr. Chave noted that some businesses use incidental information signs, which would be inconsistent with Option 2. He suggested the language include a provision that while incidental signs would count against the total sign area, they would not count against the number of signs allowed. Mr. Clugston explained that the proposed amendments are intended to deal strictly with the number of permitted signs in business and commercial zones. However, he suggested it would be entirely appropriate for the Board to address the issue of incidental signs when they conduct a more comprehensive review of the sign code at some point in the future. Board Member Johnson agreed that would be a good approach. Roger Hertrich, Edmonds, said that he has participated in many sign code changes over the years, and he has witnessed that businesses tend to place as many signs as possible in their windows. He said he lives across the street from a deli that had so many window signs it was unsightly. He complained to the City and the owner was required to comply with the sign code. The situation is much better now. He cautioned against approving any amendment that would make it easier for businesses to use window signs. Al Rutledge, Edmonds, recommended the Board maintain the existing sign code, which only allows three signs per commercial lot. This will require the person who owns the property to work with tenants to ensure that each business has adequate opportunity for signage. He concluded that signage should be addressed as part of the lease agreement. THE PUBLIC PORTION OF THE HEARING WAS CLOSED. Mr. Chave explained that the proposed language would not change the current code provisions for window signs, which are based on area and not number of signs. Mr. Clugston added that the current code limits the area of window signs to one square foot per linear foot of window frontage, and this would not be changed by the proposed amendments. Board Member Stewart said she can appreciate Mr. Hertrich’s concern about window signs. She felt the current code provision could result in a lot of visual obstruction, particularly on large windows. Mr. Chave expressed his belief that the current formula works well, and he recalled Mr. Hertrich’s earlier statement that when the code provisions were enforced, the situation at the deli across from his home was improved. He emphasized that the linier length of a window does not take into account the height of a window, so the amount of window sign area actually adds up to a fairly small percentage of total sign area on windows with more vertical height. BOARD MEMBER CLOUTIER MOVED THE COMMISSION FORWARD THE PROPOSED CHANGES TO ECDC 20.60.025 (FILE NUMBER AMD20100014) TO THE CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL AS PROPOSED BY STAFF. BOARD MEMBER GUENTHER SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING ON PROPOSED UPDATES TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 20.15A ENVIRONMENTAL REVIEW (SEPA) (FILE NUMBER AMD20090006) Mr. Lien advised that potential updates to ECDC 20.15A were presented to the Planning Board on July 22, 2009, and the Board directed staff to propose new flexible thresholds for categorical exemptions under the State Environmental Protection Act (SEPA). The proposed new flexible thresholds were presented to the Board on February 24th, and the Board agreed they would like to consider changes to the thresholds, but only for limited areas. Four flexible thresholds alternatives were Packet Page 184 of 319 APPROVED Planning Board Minutes June 23, 2010 Page 4 presented to the Board on April 14th, and the Board chose an alternative that increased the flexible threshold for the Medical/Highway 99 Activity Center and the Highway 99 Corridor. He reviewed that the SEPA rules were adopted by the City in 1984 (over 25 years ago), and only very minor changes have been made since that time. Due to changes in the Revised Code of Washington (RCW), the Washington Administrative Code (WAC) and the City’ s own Development Code, staff believes it is appropriate to review and update Section 20.15A as part of the City’s comprehensive review of its development regulations. He briefly reviewed the items and issues that have been considered under the review as follows: 1. Adoption by Reference. Sections of WAC 197-11 have been added and/or removed since the City adopted Ordinance 2461 in 1984, particularly in regards to SEPA and the Growth Management Act (GMA) integration. The update reviewed changes in WAC 197-11 and the option lists in ECDC 20.15A to ensure the City is up-to-date with State regulations. 2. Model Code. As with WAC 197-11, there have been changes to WAC 173-806 since 1984. Staff reviewed WAC 173- 806 and made updates to ECDC 20.15A where appropriate to ensure the City is up-to-date and compliant with State regulations. Many of the changes in the model code had to do with consistency between the GMA and zoning regulations. 3. Consistency. As with the state rules, the ECDC has undergone a number of amendments since 1984. Staff reviewed ECDC 20.15A to ensure it remains consistent with the rest of the City’s development regulations. 4. Categorical Exemptions – Flexible Thresholds. State SEPA rules allow local jurisdictions to modify the categorically exempt threshold levels for certain minor new construction activities. He reviewed the City’s current flexible thresholds and what state law allows . 5. Climate Change. How to evaluate and mitigate climate change impacts through SEPA is a subject that is garnering a lot of attention. The Climate Action Team’s SEPA Implementation Working Group released a report in 2009 in an attempt to clarify how consideration of climate change should be incorporated into environmental review and decision making under SEPA. However, the report was not definitive, and there was no strong consensus amongst the group and no strong recommendations other than the Department of Ecology (DOE) should look into the issue and develop guidelines. The DOE released draft guidelines in May, and the comment period expires in just a few days. Recently, the City started laying the groundwork for addressing climate change impacts via the SEPA process through the adoption of the Community Sustainability Element and the development of a Climate Change Action Plan. The policies in these two plans establish a foundation for the City to begin developing SEPA regulations to evaluate and/or mitigate impacts of climate change. The current phase of SEPA amendments focuses on technical updates to ensure the City’s code is consistent with State regulations. Once these updates are in place, the City can start developing a program for analyzing and mitigating climate change through the SEPA process. He cautioned that developing a program of this type will take some time and can be incorporated into ECDC 20.15A at a future date. Mr. Lien advised that determining the environmental impact of a development involves the context and intensity of the development and does not lend itself to a formula or quantifiable test. The context may vary with the physical setting. Intensity depends on the magnitude and duration of an impact. The same proposal may have a significant impact in one location but not another. He recalled that, with this in mind, the Board reviewed the flexible threshold levels for categorical exemptions and discussed a number of options: 1. Leave the levels at the minimums established by WAC 197-11-800(1)(b). 2. Increase all, or a portion of the levels, for the entire City. 3. Establish different threshold levels for different Comprehensive Plan designations. 4. Establish different threshold levels for different zones. 5. Establish different threshold levels considering zoning and Comprehensive Plan designations. Packet Page 185 of 319 APPROVED Planning Board Minutes June 23, 2010 Page 5 Mr. Lien reviewed that the Planning Board proposed to increase the categorical exemption thresholds for the Medical/Highway 99 Activity Center and the Highway 99 Corridor as defined by the City of Edmonds Comprehensive Plan. This would result in the following changes:  The flexible threshold for residential structures would be increased from 4 dwelling units to a maximum of 20 dwelling units.  The flexible threshold for new construction would be increased from 4,000 square feet to 12,000 square feet.  The flexible threshold for parking lots would be increased from 20 automobiles to 40 automobiles.  The flexible threshold for excavation and grading would remain at 500 square feet, which is the maximum allowed by State law. Board Member Reed asked staff why they added the words “in all locations throughout the City of Edmonds” in Section 20.15A.090,B.1. Mr. Lien said the additional language makes it clear that while the flexible threshold for landfills and excavation have been increased to the maximum throughout the City, the other flexible threshold increases would only apply to the Medical/Highway 99 Activity Center and the Highway 99 Corridor. Board Member Reed asked if the boundaries for the Medical/Highway 99 Activity Center and the Highway 99 Corridor are clearly defined in the Comprehensive Plan. Mr. Lien answered affirmatively. Jessie Byer, Edmonds, said she lives in the area designated as the Medical/Highway 99 Activity Center and is opposed to the proposal to increase the flexible thresholds. While the SEPA requirements do not present a barrier for development within the activity center, they do help protect the neighborhood when development does occur. She expressed her belief that the proposed changes would do no one any good. She emphasized that no one living near a proposed development of up to 20 units and 12,000 square feet would consider the project minor, particularly given that the average size of the residential homes located in the activity center is about 1,500 square feet. She said it is insulting that her neighborhood is of less importance to the City than the neighborhoods in the bowl. It appears the City Council is trying to push development out into other neighborhoods that do not have as much pull as the property owners in downtown Edmonds. She asked the Board to consider all citizens who live in established neighborhoods throughout the City. She said she is opposed to the proposed changes to the SEPA requirements and implored the Board to do the same and keep the neighborhood’s process in place. Colleen McDonald said she lives 300 feet from the Medical/Highway 99 Activity Center and is concerned about the proposed change to the flexible thresholds under SEPA that would only apply to the activity center and the Highway 99 Corridor. She pointed out there are a significant number of residential properties in established neighborhoods within this area. People continue to move to the neighborhood because it is one of the few places in Edmonds where affordable housing options are available. She said she is particularly concerned the proposed change would eliminate the citizens’ opportunity to participate in the process and there would be no ability to appeal. She suggested this seems a bit harsh. She expressed her belief that the existing thresholds are appropriate for a City the size of Edmonds, and it does not make sense to adjust them to the maximum just because State Law allows them to do so. While the higher thresholds may be appropriate for large cities, they are not appropriate for Edmonds. She agreed with Ms. Byer. If someone were putting 20 homes in her neighborhood, she would consider it a massive development that could result in increased traffic and other problems. She also expressed concern that because she lives downstream from the activity center, she could experience flooding from the stream that runs past her back yard as a result of significant development in the activity center. If this were to occur, she would have no ability to voice her concerns. She summarized that she is opposed to the proposal that would raise the flexible thresholds in the activity center to the maximum allowed by State law, thus removing the public’s ability to participate in the process. Joe St. Laurent, Edmonds, said he lives within the Medical/Highway 99 Activity Center and agrees with the concerns raised by the previous speakers that there would be no opportunity for public review or appeal if the proposed amendments are approved. He suggested this would be contrary to due process and would be considered arbitrary and capricious. He said it is important to remember that there is a residential neighborhood located right in the middle of the activity center. It is not just developed for medical uses, the high school, etc. There are single-family homes. He said his client, James Plute, has owned the majority of the land on the 220th block where Mr. Shapiro is proposing redevelopment for nearly 50 years. He has contributed to the community and is opposed to any type of change in the SEPA law that would result in the citizens having less or no opportunity to review or appeal future development applications. Packet Page 186 of 319 APPROVED Planning Board Minutes June 23, 2010 Page 6 Al Rutledge, Edmonds, said he lives in the Ballinger area near Highway 99. He pointed out that when there are events at the cemetery, there are between 35 and 150 cars that end up backing up traffic. He recalled that the Comprehensive Plan indicates the City’s goal of encouraging development on Highway 99, and there are several projects in the works. He reminded the Board that this additional development would result in more traffic, which is an issue that needs to be addressed in the Development Code. Roger Hertrich, Edmonds, said he has lived in Edmonds for a number of years and happens to live on a State highway (196th). He said it is difficult to understand how he would be impacted if the same thresholds were being proposed for the properties along 196th. He expressed his belief that the Comprehensive Plan actually extends the boundaries of the Medical/Highway 99 Activity Center further than it should have, and it currently incorporates neighborhoods that have been stable for many years. He suggested that perhaps it would be appropriate for the Board to review the boundaries again and consider potential adjustments. Mr. Hertrich suggested the Board ask staff to provide a clear explanation of the benefits that SEPA provides for the citizens of Edmonds. He pointed out that there are other aspects associated with clearing and grading aside from the amount of earth that is removed or added. The City must also address how the removal process would impact surrounding property owners. He questioned why the City would want to eliminate the SEPA requirement if it provides additional protection to address issues such as stormwater runoff, traffic impacts, environmental concerns, etc. He further questioned how staff would resolve these issues if no SEPA is required. He observed that many times in the past, staff has indicated that they use the SEPA process to mitigate impacts. Mr. Hertrich summarized that he believes the proposed changes are too zealous, and the idea of eliminating the SEPA requirement is not appropriate. He recalled that Board Member Guenther previously stated that he has filled out SEPA Checklists on a number of occasions, and the process is not complicated, costly or time consuming. However, it does give the City the ability to deal with impacts associated with a proposed development. He said he does not see a reason for the proposed change; the City was getting along quite nicely before. He suggested that in some cases, there has not been enough SEPA control because developments fall below the existing thresholds. Expanding the thresholds as proposed would eliminate what little control the City does have to protect residential neighborhoods. He reminded the Board that the City Council recently made a decision to provide additional protection to a neighborhood that is located within the Medical/Highway 99 Activity Center. He suggested they also consider providing more protection for the other neighborhoods that are located in the same area. He urged the Board to ask more questions and carefully consider what would be lost as a result of the proposed changes. THE PUBLIC PORTION OF THE HEARING WAS CLOSED. In response to Mr. Hertrich’s question about what the City gains by SEPA, Mr. Lien explained that there are certain notice requirements associated with SEPA, and notice would actually be required for most of the projects that require SEPA anyway. SEPA is a trigger for certain projects to be sent to the Architectural Design Board (ADB) for review; if a project requires SEPA review, it is automatically sent to the ADB. Mr. Lien recalled the Board previously reviewed the potential impacts of adjusting the flexible thresholds as proposed. Of the 178 SEPA reviews the City has conducted since 2004, 108 were subject to the flexible thresholds. The most common SEPA trigger was for landfill and excavation, which is already set at the maximum allowed by State Law. Of the 108 projects that were subject to the flexible thresholds, 90 exceeded the 500 cubic yard threshold for landfill and excavation, and 40 were triggered solely for that reason. Of all the projects proposed for the Medical/Highway 99 Activity Center and the Highway 99 Corridor, only two would not have required SEPA review based on the proposed amendments. If the flexible thresholds were expanded for all multi-family and commercial zones in the City, five of the projects would not have been required to go through SEPA review. He summarized that based on historical data, the impact of raising the thresholds as proposed would be minimal. Mr. Lien agreed with Ms. McDonald that if a project is exempt from SEPA, there would be no process to appeal the determination. Mr. Chave said it is important for the Commission to consider the tradeoffs. Mr. Hertrich was right in his explanation of what is gained by SEPA review and what would be lost if SEPA review is not required. He explained that Packet Page 187 of 319 APPROVED Planning Board Minutes June 23, 2010 Page 7 SEPA has very little affect on development in single-family zones because the City has other processes that have more sway. For example, subdivisions of more than five units require a public hearing process, and this requirement would not change. He noted that most SEPA reviews were related to landfill and grading, and had very little to do with the scale of the proposed development. This raises the question of what the City would gain from SEPA review versus what it would lose. At this time, many of the City’s processes and regulations already control issues that would be considered under SEPA such as transportation impacts and critical areas. He reminded the Board that the City’s goal is to promote economic development in the Medical/Highway 99 Activity Center and the Highway 99 Corridor, and the State recognized these situations when they granted local jurisdictions the authority to adjust their flexible thresholds. Mr. Chave reminded the Board that climate change may have a large impact on development in the future. Until the City adopts local regulations to address climate change, SEPA may be the best mechanism available. This issue must also be taken into consideration when determining the right flexible threshold balance. He summarized that SEPA is only one piece of the development puzzle, and there are many other process the City uses to provide public notice and hearing opportunities. Particularly in single-family zones, there is a clear public process that comes into play outside of SEPA. SEPA cannot control the level of development allowed on a property; it can only condition development based on impacts that are not otherwise addressed in the code. Most issues associated with single-family developed are addressed by the Development Code. That is one of the main reasons why SEPA is less important than it once was. Board Member Cloutier emphasized that this is not the first time the Board has considered the proposed amendments, nor is it the first public hearing on the matter. When the Board discussed the proposed amendments in February and April, they raised many of the same concerns that have been raised by the public. He reassured the public that the Board is not ignoring their concerns, but he is satisfied that the concerns can be addressed by the current provisions in the Development Code and other City regulations. Board Member Reed suggested that it would be appropriate to clarify elsewhere in Section 20.15A that the flexible threshold for landfill and excavation has already been raised to the maximum level possible for all zones in the City. The language should also clarify the threshold further. Board Member Reed recalled that the Board previously determined there would be minimal time and cost savings associated with the proposed amendments. They also discussed that environmental impacts associated with a proposed project would be addressed by the Critical Areas Ordinance. The Board determined that Option 3 (increasing the flexible thresholds for only the Medical/Highway 99 Activity Center and the Highway 99 Corridor) was the best of the four options. However, he said he would be in favor of adjusting all of the flexible thresholds to the minimum levels identified in State Law because SEPA review is important in every project. Projects in the Medical/Highway 99 Activity Center will have an impact on surrounding schools and residential neighborhoods. If the SEPA process was extremely costly and time consuming, he might have a different position, but it is not. He referred to Section 20.15A.220.C.1, which lists the types of things staff would consider as part of the SEPA review. He expressed his belief that this is a good edition to the language, and perhaps it would also be appropriate to include this language in the opening statement of the Comprehensive Plan. Mr. Lien noted that this language came directly from the model ordinance. Board Member Guenther said he has filled out several SEPA Checklists, which are used by the City to address all of the different factors related to a proposed development. As Mr. Chave pointed out, there are also development requirements that address specific issues on the checklist, such as the Critical Areas Ordinance. He summarized that the checklist is not intended to be a safeguard, but is used by cities to see how a proposed project complies with the existing ordinances. If there is something that is not addressed by the current ordinances, then some type of mitigation would be required as part of the determination. He summarized that he does not see that changing the thresholds as proposed would change the code requirements the City already has in placed. However, the proposed change could improve the process. Board Member Stewart asked staff to identify what the City would gain from increasing the thresholds. She recognized that the City is trying to encourage more density and transit-oriented development in the Medical/Highway 99 Activity Center and the Highway 99 Corridor to comply with GMA. She suggested that raising the threshold for parking appears to be counterproductive in this regard. Mr. Lien agreed that the Comprehensive Plan encourages redevelopment in these areas. Having one less hurdle could make the area more attractive to developers. In addition, when considering the impact the Packet Page 188 of 319 APPROVED Planning Board Minutes June 23, 2010 Page 8 proposed changes would have had on past SEPA reviews, there appears to be minimal difference even if the thresholds were raised for all commercial and multi-family zones. Board Member Stewart emphasized that changing the thresholds would not alter the zoning in the two areas. However, it would allow for development to occur without SEPA review if the properties are rezoned at some point in the future. Mr. Lien explained that the flexible thresholds would not apply to rezone applications. A rezone application would still be required to go through the SEPA process. Development of properties within the two areas would still be required to meet the zoning requirements, the critical areas provisions, traffic impact fees, etc., but no SEPA review would be required for projects that fall below the threshold levels. Board Member Stewart asked if adjusting the thresholds would result in less environmental protection, and Mr. Lien answered no. Board Member Johnson observed that SEPA has given local jurisdictions the opportunity to adjust their thresholds if they choose to do so. The City Council has given clear direction that they want to promote economic development in the Medical/Highway 99 Activity Center and the Highway 99 Corridor. While the proposed amendments may be a small step in this direction, it is something the Planning Board can do to further this goal. She recalled that she previously expressed her belief that the flexible thresholds should not be changed for residential structures. There may be certain impacts that are not covered by the existing regulations pertaining to noise, etc. This is one area where additional SEPA review may be appropriate. However, she supports the proposed amendments to adjust the flexible thresholds for new construction and parking lots. BOARD MEMBER REED MOVED THAT THE BOARD FORWARD THE PROPOSED AMENDMENTS TO ECDC 20.15A ENVIRONMENTAL REVIEW (FILE NUMBER AMD20090006) TO THE CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL AS PROPOSED. BOARD MEMBER CLOUTIER SECONDED THE MOTION. BOARD MEMBER REED MOVED TO AMEND HIS MOTION TO ELIMINATE THE PROPOSED AMENDMENTS TO SECTION 20.15A.090 FROM THE RECOMMENDATION. HE FURTHER RECOMMENDED THAT STAFF CLARIFY THE FLEXIBLE THRESHOLD FOR LANDFILL AND EXCAVATION ELSEWHERE IN THE CODE LANGUAGE. THE MOTION TO AMEND DIED FOR LACK OF A SECOND. Board Member Cloutier asked if the landfill and excavation threshold is applied cumulatively. Mr. Lien answered that fill and excavation are considered separately. He emphasized that the only change proposed for this section is the addition of the words “in all locations throughout the City of Edmonds.” Board Member Reed said he would vote no on the motion; not because he is opposed to most of the changes, but because he would like to remove the proposed adjustments to the flexible thresholds. He said he sees no need to eliminate the SEPA requirement when it is not a costly or lengthy step in the development process yet it affords additional protection for surrounding property owners. Board Member Cloutier expressed his belief that the true impact of adjusting the flexible thresholds would be minimal. On the other hand, a potential developer may find the area more attractive because there would be a little less paperwork to fill out. Vice Chair Lovell observed that the majority of the proposed amendments are intended to make the current SEPA requirements consistent with the WAC and RCW, which is required by State Law. As the Board discussed, changing the threshold levels would have had minimal impact on projects that have occurred since 2004. Given that the City is trying to encourage economic development in the Medical/Highway 99 Activity Center and Highway 99 Corridor, the Board agreed earlier to consider adjustments to the flexible thresholds. He said he still supports this direction and would vote in favor of the motion to move the amendments forward to the City Council with a recommendation of approval. THE MOTION CARRIED 4-2, WITH BOARD MEMBERS LOVELL, GUENTHER, JOHNSON AND CLOUTIER VOTING IN FAVOR AND BOARD MEMBERS REED AND STEWART VOTING IN OPPOSITION. Packet Page 189 of 319 ECDC 20.15A Update – September 7, 2010 Public Hearings – City Council Memorandum Page 1 of 6 Date:September 2, 2010 To:City Council From:Kernen Lien, Associate Planner Subject:ECDC 20.15A Update: SEPA Rules _____________________________________________________________________________ State Environmental Policy Act Washington’s State Environmental Policy Act (SEPA) was first adopted in 1971. Among other things, the law requires all state and local governments within the state to: “Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man’s environment;” and Ensure that “…environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations…” [RCW 43.21C.030.(2)(a) and (2)(b)] The policies and goals in SEPA supplement those in existing authorizations of all branches of government of Washington State, including state agencies, counties, cities, districts, and public corporations. Any governmental action may be conditioned or denied pursuant to SEPA [RCW 43.21C.060]. The environmental review process in SEPA is designed to work with other regulations to provide a comprehensive review of a proposal. Most regulations focus on particular aspects of a proposal, while SEPA requires the identification and evaluation of probable impacts for all elements of the environment. Combining the review processes of SEPA and other laws reduces duplication and delay by combining study needs, combining comment periods and public notices, and allowing agencies, applicants, and the public to consider all aspects of a proposal at the same time. Proposal can be either project proposals (new construction, fill and grade, etc.) or non project proposals (Comprehensive plans, Zoning, Development regulations, etc.). MEMORANDUM Packet Page 190 of 319 ECDC 20.15A Update – September 7, 2010 Public Hearings – City Council Memorandum Page 2 of 6 City of Edmonds SEPA Regulations: ECDC 20.15A The City of Edmonds SEPA regulations are codified in Edmonds Community Development Code (ECDC) 20.15A. The City’s original SEPA regulations were adopted under Ordinance No. 1855 in 1976. In 1984, the City adopted Ordinance No. 2461 which created ECDC 20.15A in order to come into compliance with the new (at that time) SEPA rules in WAC 197-11 and model SEPA ordinance in WAC 173-806. The ECDC 20.15A the City uses today is essentially the same ordinance that was adopted 25 years ago having under gone only four minor amendments in that time. ECDC 20.15A is being reviewed as part of the City’s comprehensive review of its development regulations. Due to changes in the RCW’s, WAC’s, and the City’s own code, ECDC 20.15A is long over due for an update. Below is an outline of items and issues that have been considered under this review. 1. Adoption by reference. ECDC 20.15A adopts significant portions of WAC 197-11 (SEPA rules) by reference. Sections of WAC 197-11 have been added and/or removed since the City adopted Ordinance No. 2461 in 1984, particularly in regards to SEPA and GMA integration. This update reviewed changes in WAC 197-11 and the adoption lists in ECDC 20.15A to ensure the City is up-to-date and compliant with state regulations. 2. Model code. ECDC 20.15A is largely based off the model code in WAC 173-806. As with WAC 197-11, there have been changes to WAC 173-806 since 1984. This update reviewed WAC 173-806 and made updates to ECDC 20.15A where appropriate to ensure the City is up-to-date and compliant with state regulations. 3. Consistency. As with the state rules, Edmonds Community Development Code has under gone a number of amendments since 1984. This update reviewed ECDC 20.15A to ensure it remains consistent with the rest of the City’s development regulations. 4. Categorical exemptions - Flexible thresholds. State SEPA rules allow local jurisdictions to modify the categorically exempt threshold levels for certain minor new construction activities. The City of Edmonds had previously only modified one of these flexible thresholds. These activities and their thresholds are as follows: a. The construction or location of any residential structures of four dwelling units.Can be modified up to 20 dwelling units. b. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 10,000 square feet, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots.Does not apply in Edmonds. Packet Page 191 of 319 ECDC 20.15A Update – September 7, 2010 Public Hearings – City Council Memorandum Page 3 of 6 c. The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, and with associated parking facilities designed for twenty automobiles.Can be modified up to 12,000 square feet and 40 automobiles. d. The construction of a parking lot designed for twenty automobiles. Can be modified up to 40 automobiles. e. Any landfill or excavation of 100 cubic yards throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder. The City increased this threshold up to 500 cubic yards in 1984 under Ordinance No. 2461. Why consider different threshold levels for different areas? Most categorical exemptions use size criteria to determine if a proposal is exempt from SEPA review. The SEPA Rules in WAC 197-11 allow cities to raise the exemption limit for certain types of new development where the exempt level is “supported by local conditions, including zoning or other land use plans or regulations.” The SEPA rules allows cities to adopt system of several exempt levels, such as a system that provides for different levels for different geographic areas. Determining the environmental impact of a development involves the context and intensity of the development and does not lend itself to a formula or quantifiable test (WAC 197-11-794). The context may vary with the physical setting. Intensity depends on the magnitude and duration of an impact. The same proposal may have a significant impact in one location but not in another (WAC 197-11-330). For instance a 12,000 square foot commercial development in one of the Neighbor Business zones such as Westgate or Five Corners is likely to have a greater impact on the neighborhood than the same scale of commercial development along Highway 99. The City of Edmonds Comprehensive Plan provides policy guidance on what type of development should be encouraged in different areas. In particular, the Medical/Highway 99 Activity Center and the Highway 99 Corridor are areas identified for more intensive development and a location where the city is looking to expand the economic and tax base of the City by providing incentives for businesses and commercial development. The Comprehensive Plan describes the Medical/Highway 99 Activity Center and the Highway 99 Corridor as follows: The Medical/Highway 99 activity center is intended to encourage the development of a pedestrian and transit oriented area focused on two master planned developments, Stevens Hospital and Edmonds-Woodway High School, with a related high-intensity development corridor along Highway 99. Highway 99 is characterized by a corridor of generally commercial development with less intense uses or deigned transitions serving as a buffer between adjacent neighborhoods. In contrast, the overall character of the mixed use activity center is intended to be an intensively development mixed use, pedestrian-friendly environment, in which buildings are linked by walkways served by centralized parking, and plantings and landscaping promote pedestrian activity and park-like atmosphere. In addition to the general goals for activity centers, the Medical/Highway 99 Activity Center is intended to achieve the following goals (two relevant ones are): Packet Page 192 of 319 ECDC 20.15A Update – September 7, 2010 Public Hearings – City Council Memorandum Page 4 of 6 To expand the economic and tax base of the City of Edmonds by providing incentives for business and commercial redevelopment in a planned activity center; Recognize and plan for the distinct difference in opportunities and development character provided by the Highway 99 corridor versus the local travel access patterns on local streets; (Comprehensive Plan Pg. 59) Policy A.6 of this section also states the, “Uses adjoining the Highway 99 corridor should provide more intensive levels of mixed use development.” (Comprehensive Plan Pg. 60) Within the Commercial Land Use section of the Comprehensive Plan the Highway 99 corridor is recognized as a commercial district which adds to the community’s tax and employment base. The Comprehensive Plan goes on to say that its economic vitality is important to Edmonds and commercial development in this area is to be encouraged to its maximum potential. (Comprehensive Plan Pg. 71) The Comprehensive Plan also discusses streamlining the permit process for applicants in regards to infill development and economic development. For instance the follow excerpt from the Comprehensive Plan talks about infill development; The City’s principal policy direction is aimed at encouraging infill development consistent with its neighborhoods and community character. The overall plan direction has been termed “designed infill” and can be seen in the City’s emphasis and continued work on streamlining permitting, revising codes to provide more flexible standards, and improving its deign guidelines. (Comprehensive Plan Pg. 150) The Edmonds Economic Development Plan (which is an adopted element in the Comprehensive Plan) provides the following policy: Promote a results-oriented permit and licensing process, which consolidates review timelines, eliminates unnecessary steps, and maintains a strong customer service approach. (Edmonds Economic Development Plan Pg. 14) The Comprehensive Plan identifies the Medical/Highway 99 Activity Center and the Highway 99 Corridor as areas where more intensive development is appropriate. Increasing the SEPA thresholds for these areas is one way to achieve Comprehensive Plan goals and policies for encouraging development and streamlining the permitting process. With this in mind, the Planning Board undertook a thorough review of the categorical exemption flexible threshold levels. Planning Board Flexible Threshold Recommendation After considering a number of alternatives, the Planning Board proposed to increase the categorical exemption thresholds for the Medical/Highway 99 Activity Center and the Highway 99 Corridor as defined by the City of Edmonds Comprehensive Plan The Planning Board’s recommendation for the flexible threshold levels as detailed in ECDC 20.15A.090.B is: 1. For landfills and excavations in WAC 197-11-800(1)(b)(v) up to 500 cubic yards in all locations throughout the City of Edmonds. (This same threshold level has been in place since 1984. Clarifying language was added that it applies throughout the City.) Packet Page 193 of 319 ECDC 20.15A Update – September 7, 2010 Public Hearings – City Council Memorandum Page 5 of 6 2. The table below establishes the City’s exempt level for minor new construction under WAC 197-11-800(1)(b)(i) through WAC 197-11-800(1)(b)(v) for all property located within the Highway 99 Corridor and the Medical/Highway 99 Activity Center as defined in the City of Edmonds Comprehensive Plan. Residential Structures WAC 197-11- 800(1)(b)(i) New construction WAC 197-11- 800(1)(b)(iii) Parking lot WAC 197-11- 800(1)(b)(iv) Landfill or excavation WAC 197-11- 800(1)(b)(v) 20 units 12,000 square feet 40 spaces 500 cy Proposal for City Council Public Hearings At the July 27, 2010 City Council meeting, the Council voted to split the Planning Board’s recommendation into two parts and hold two separate public hearings. Medical/Highway 99 Activity Center This proposal would update ECDC 20.15A to ensure that the City of Edmonds SEPA regulations are consistent with RCW 43.21C (State Environmental Policy Act), WAC 197-11 (State SEPA Rules), WAC 173-806 (Model SEPA Ordinance), the City of Edmonds’ Comprehensive Plan and development regulations. In addition to the consistency updates, this proposal would also increase the categorical exemption flexible thresholds for the Medical/Highway 99 Activity Center. The flexible threshold levels in this proposal as detailed in ECDC 20.15A.090.B would be: 1. For landfills and excavations in WAC 197-11-800(1)(b)(v) up to 500 cubic yards in all locations throughout the City of Edmonds. (This same threshold level has been in place since 1984. Clarifying language was added that it applies throughout the City.) 2. The table below establishes the City’s exempt level for minor new construction under WAC 197-11-800(1)(b)(i) through WAC 197-11-800(1)(b)(v) for all property located within the Medical/Highway 99 Activity Center as defined in the City of Edmonds Comprehensive Plan. Residential Structures WAC 197-11- 800(1)(b)(i) New construction WAC 197-11- 800(1)(b)(iii) Parking lot WAC 197-11- 800(1)(b)(iv) Landfill or excavation WAC 197-11- 800(1)(b)(v) 20 units 12,000 square feet 40 spaces 500 cy Three maps of the Medical/Highway 99 Activity Center are attached as exhibits to Agenda Item 3 for this Public Hearing, including an aerial photo, a map indicating the Comprehensive Plan Designations, and a third map showing the existing zoning. Highway 99 Corridor This proposal would update ECDC 20.15A to ensure that the City of Edmonds SEPA regulations are consistent with RCW 43.21C (State Environmental Policy Act), WAC 197-11 (State SEPA Rules), WAC 173-806 (Model SEPA Ordinance), the City of Edmonds’ Comprehensive Plan Packet Page 194 of 319 ECDC 20.15A Update – September 7, 2010 Public Hearings – City Council Memorandum Page 6 of 6 and development regulations. In addition to the consistency updates, this proposal would also increase the categorical exemption flexible thresholds for the Highway 99 Corridor. The flexible threshold levels in this proposal as detailed in ECDC 20.15A.090.B would be: 1. For landfills and excavations in WAC 197-11-800(1)(b)(v) up to 500 cubic yards in all locations throughout the City of Edmonds. (This same threshold level has been in place since 1984. Clarifying language was added that it applies throughout the City.) 2. The table below establishes the City’s exempt level for minor new construction under WAC 197-11-800(1)(b)(i) through WAC 197-11-800(1)(b)(v) for all property located within the Highway 99 Corridor as defined in the City of Edmonds Comprehensive Plan. Residential Structures WAC 197-11- 800(1)(b)(i) New construction WAC 197-11- 800(1)(b)(iii) Parking lot WAC 197-11- 800(1)(b)(iv) Landfill or excavation WAC 197-11- 800(1)(b)(v) 20 units 12,000 square feet 40 spaces 500 cy Three maps of the Highway 99 Corridor are attached as exhibits to Agenda Item 4 for this Public Hearing, including an aerial photo, a map indicating the Comprehensive Plan Designations, and a third map showing the existing zoning. Packet Page 195 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 1 of 22 Chapter 20.15A ENVIRONMENTAL REVIEW (SEPA) Sections: 20.15A.010 Authority. 20.15A.020 General SEPA Requirements - Adoption by reference. 20.15A.025 Reliance on existing laws, plans and regulations 20.15A.030 Additional definitions. 20.15A.040 Designation of responsible official. 20.15A.050 Lead agency determination and responsibilities. 20.15A.060 Categorical exemptions and threshold determinations Rules for deciding probable significant, adverse environmental impacts – Adoption by reference. 20.15A.070 Categorical exemptions and threshold determinations – Time estimates. 20.15A.080 Categorical exemptions – Adoption by reference. 20.15A.090 Categorical exemptions – Flexible thresholds. 20.15A.100 Categorical exemptions – DeterminationUse of exemptions. 20.15A.110 Determination – Review at conceptual stage. 20.15A.120 Threshold determinations – Environmental checklist. 20.15A.130 Threshold determinations – Mitigated DNS. 20.15A.140 Environmental impact statement (EIS) – Adoption by reference. 20.15A.150 EIS – PreparationPreparation of EIS – Additional considerations. 20.15A.160 EIS – Commenting – Adoption by reference. 20.15A.170 Public notice. 20.15A.180 Designation of official to perform consulted agency responsibilities. 20.15A.190 Using existing environmental documents – Adoption by reference. 20.15A.195 Planned Actions 20.15A.200 SEPA decisions – Adoption by reference. 20.15A.210 SEPA decisions – Nonexempt proposals. 20.15A.220 SEPA decisions – Substantive authority. 20.15A.230 SEPA – Policies. 20.15A.240 Appeals. 20.15A.250 Notice/statute of limitations. Packet Page 196 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 2 of 22 20.15A.260 Definitions – Adoption by reference. 20.15A.270 Compliance with SEPA – Adoption by reference. 20.15A.280 Repealed. 20.15A.290 Fees. 20.15A.300 Forms – Adoption by reference. 20.15A.310 Severability. 20.15A.010 Authority. The city of Edmonds adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules WAC 197-11- 904. The city’s substantive polices for the enforcement of and procedures for SEPA are contained in ECDC Title 15; its procedures are contained in this chapter. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. 20.15A.020 General SEPA Requirements - Adoption by reference. This part contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: 197-11-040 Definitions. 197-11-050 Lead agency. 197-11-055 Timing of the SEPA process. 197-11-060 Content of environmental review. 197-11-070 Limitations on actions during SEPA process. 197-11-080 Incomplete or unavailable information. 197-11-090 Supporting documents. 197-11-100 Information required of applicants. 197-11-210 SEPA/GMA integration. 197-11-220 SEPA/GMA definitions. 197-11-228 Overall SEPA/GMA integration procedures. 197-11-230 Timing of an integrated GMA/SEPA process. 197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping. 197-11-235 Documents. 197-11-250 SEPA/Model Toxics Control Act integration. 197-11-253 SEPA lead agency for MTCA actions. Packet Page 197 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 3 of 22 197-11-256 Preliminary evaluation. 197-11-259 Determination of nonsignificance for MTCA remedial actions. 197-11-262 Determination of significance and EIS for MTCA remedial actions. 197-11-265 Early scoping for MTCA remedial actions. 197-11-268 MTCA interim actions. 20.15A.025 Reliance on existing plans, laws and regulations In reviewing the environmental impacts of a project and making a threshold determination, the City may determine that the requirements for environmental analysis, protection, and mitigation measures in the City’s development regulations and comprehensive plan adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws or rules, provide adequate analysis of and mitigation for some or all of the specific adverse environmental impacts of the project consistent with the initial SEPA analysis identified in ECDC 20.04.002. 20.15A.030 Additional definitions. In addition to those definitions contained within WAC 197-11-700 through 197-11-799 and 197-11-220, when used in this chapter the following terms shall have the following meanings, unless the content indicates otherwise: A. “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order. B. “SEPA Rules” means Chapter 197-11 WAC adopted by the Department of Ecology. C. “Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements. D. “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures). 20.15A.040 Designation of responsible official. A. For those proposals for which the city is a lead agency, the responsible official shall be the community services director or such other person as the director may designate in writingplanning manager or his/her designee. B. For all proposals for which the city is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rule that have been adopted by reference. C. The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with chapter 42.17 RCW. Packet Page 198 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 4 of 22 20.15A.050 Lead agency determination and responsibilities. A. The responsible official or the department receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050, WAC 197-11-253, and WAC 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency. B. When the city is the lead agency for a proposal, the responsible official shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS. B.C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency unless the city determines a supplemental environmental review is necessary under WAC 197-11-600. C.D. If the city, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city may be initiated by the responsible official or any department. D.E. The responsible official is authorized to make agreements as to lead agency status or shared lead agency’s duties for a proposal under WAC 197-11-942 and 197-11- 944:.provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve that agreement. E.F. The responsible official shall require sufficient information from the applicant to identify which other agencies with have jurisdiction over the proposal. G. When the city is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the city shall decide jointly with Ecology who receives the comment letters and how copies of the comments letters will be distributed to the other agency. 20.15A.060 Categorical exemptions and threshold determinations Rules for deciding probable significant, adverse environmental impact – Adoption by reference. This part contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating impacts of proposals not requiring Packet Page 199 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 5 of 22 an EIS. The city adopts the following sections of Chapter 197-1l WAC, as now existing or hereinafter amended by reference as supplemented in this chapter: 197-11-300 Purpose of this part. 197-11-305 Categorical exemptions. 197-11-310 Threshold determination required. 197-11-315 Environmental checklist. 197-11-330 Threshold determination process. 197-11-335 Additional information. 197-11-340 Determination of nonsignificance (DNS). 197-11-350 Mitigated DNS. 197-11-355 Optional DNS process. 197-11-360 Determination of significance (DS)/initiation of scoping. 197-11-390 Effect of threshold determination. 20.15A.070 Categorical exemptions and threshold determinations – Time estimates. The time estimates contained in this section apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies. The actual time may vary with the complexity of the project, availability of staff, cooperation of agencies with jurisdiction or expertise, etc. The time estimates contained herein shall not be construed to be mandatory. For the purpose of this section the word “day” shall mean a day upon which the city’s administrative offices are open for business. A.Categorical Exemptions. The city will normally identify whether an action is categorically exempt within 10 days of receiving a completed application. B.Threshold Determinations. 1.The city will normally complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 days of the date an applicant’s adequate application and completed checklist are submitted. 2.When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction: a.The city will normally request such further information within 15 days of receiving an adequate application and completed environmental checklist. b.The city will normally wait no longer than 15 days for a consulted agency to respond. Packet Page 200 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 6 of 22 c.The responsible official will normally complete the threshold determination within 15 days of receiving the requested information from the applicant or the consulted agency. 3.When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city will normally complete the studies within 30 days of receiving an adequate application and a completed checklist. 4.The city will normally complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the application, within 15 days of receiving an adequate application and completed checklist. 5.The responsible official will normally respond to a request for early notice within 10 days. The threshold determination will normally be made within 15 days of receipt of the changed or clarified proposal, environmental checklist and/or permit application. 20.15A.080 Categorical exemptions – Adoption by reference. The city adopts the following rules for categorical exemption of Chapter 197-11, as now existing or hereinafter amended, by reference, as supplemented in this chapter: 197-11-800 Categorical exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. 20.15A.090 Categorical exemptions – Flexible thresholds. A. The proposed actions contained in this section are categorically exempt from threshold determination and EIS requirements, subject to the rules and limitations on categorical exemptions contained in ECDC 20.15A.100. The exemptions in this section apply to all licenses required to undertake the construction in question, except when undertaken wholly or partly on lands covered by water. To be exempt under this section, the project must be equal to or smaller than the exempt level. A.B. The city establishes the following exempt level for minor new construction based on local conditions in addition to those standards adopted by reference. 1. For landfills and evacuations excavations in WAC 197-11-800(1)(b)(v) up to 500 cubic yards in all locations throughout the City of Edmonds. 2. The table below establishes the City’s exempt level for minor new construction under WAC 197-11-800(1)(b)(i) through WAC 197-11-800(1)(b)(v) for all property within the Medical/Highway 99 Activity Center as defined in the City of Edmonds Comprehensive Plan. Packet Page 201 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 7 of 22 Residential Structures WAC 197-11- 800(1)(b)(i) New construction WAC 197-11- 800(1)(b)(iii) Parking lot WAC 197-11- 800(1)(b)(iv) Landfill or excavation WAC 197-11- 800(1)(b)(v) 20 units 12,000 square feet 40 spaces 500 cy B.C. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, Headquarters Office, Olympia, Washington. 20.15A.100 Categorical exemptions – DeterminationUse of exemptions. A. When the city receives an application for a license or, in the case of governmental proposals a department initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter shall apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal. B. In determining whether or not a proposal is exempt the responsible official shall make certain the proposal is properly defined and shall identify the governmental license required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the license application that triggers the consideration is exempt. C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: 1. The city shall not give authorization for: a. Any nonexempt action; b. Any action that would have an adverse environmental impact; or c. Any action that would limit the choice of reasonable alternatives. 2. The city may withhold approval of any permit, application or proposal, the basis of which is an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if the nonexempt actions were not approved. 3. The city may withhold approval of any permit, application or proposal, the basis of which is an exempt action that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. 20.15A.110 Determination – Review at conceptual stage. A. If the city’s only action on a proposal is a decision on a building permit or other licenses that requires detailed project plans and specifications, the applicant may Packet Page 202 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 8 of 22 request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. B. In addition to the environmental documents an applicant shall submit the following information for early environmental review: 1. A copy of any permit or license application; 2. Other information as the responsible official may determine. 20.15A.120 Threshold determinations – Environmental checklist. A. Except as provided in subsection (E) of this section, Aa completed environmental checklist, in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate or other approval not specifically exempted by this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency, and if the city is the lead agency, for making the threshold determination. The checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4). B.A checklist is not needed if the city and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. C.B. For private proposals, the applicant is required to complete the environmental checklist. The city may provide assistance as necessary. For city proposals the department initiating the proposal shall complete the environmental checklist for that proposal. D.C. The city may decide to complete all or part of the environmental checklist for a private proposal, if any of the following occurs: 1. The city has technical information on a question or questions that is unavailable to the private applicant; or 2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration; or 3. On the request of the applicant. E.D. The applicant shall pay to the city the actual costs of providing information under paragraphs DC(2) and DC(3) of this section. E. For projects submitted as planned actions under ECDC 20.04.003.B, the city shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with or as part of a planned action ordinance; or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a thirty-day review. Packet Page 203 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 9 of 22 20.15A.130 Threshold determinations – Mitigated DNS. A. The responsible official may issue a determination of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant. B. An applicant may request in writing early notice of whether a DS is likely. The request must: 1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and 2. Precede the city’s actual threshold determination for the proposal. C. The responsible official’s response to the request for early notice shall: 1. Be written; 1.2. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the city to consider a DS; and 2.3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. D. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures. D.E. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination on the changed or clarified proposal. 1. If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a determination of nonsignificance if the city determines that no additional information or mitigation measures are required. 2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issue a DNS or DS as appropriate. 3. The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate. 4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. Packet Page 204 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 10 of 22 E.F. The city shall not act upon a proposal for which a mitigated DNS has been issued for 15 days after the date of issuanceA mitigated DNS is issued under either WAC 197-11-340(2), requiring a fourteen-day comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.. F.G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the licensing or permit decision and may be enforced in the same manner as any term or condition of the permit or enforced in any matter specifically prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license or permit issued. G.H. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3) (a) relating to the withdrawal of a DNS. H.I. The city’s written response under subsection C of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. 20.15A.140 Environmental impact statement (EIS) – Adoption by reference. This section contains the rules for preparing environmental impact statements. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented by this chapter: 197-11-400 Purpose of EIS. 197-11-402 General requirements. 197-11-405 EIS types. 197-11-406 EIS timing. 197-11-408 Scoping. 197-11-410 Expanded scoping. 197-11-420 EIS preparation. 197-11-425 Style and size. 197-11-430 Format. 197-11-435 Cover letter or memo. 197-11-440 EIS contents. 197-11-442 Contents of EIS on nonproject proposals. 197-11-443 EIS contents when prior nonproject EIS. Packet Page 205 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 11 of 22 197-11-444 Elements of the environment. 197-11-448 Relationship of EIS to other considerations. 197-11-450 Cost-benefit analysis. 197-11-455 Issuance of DEIS. 197-11-460 Issuance of FEIS. 20.15A.150 EIS – PreparationPreparation of EIS – Additional considerations.. A. Preparation of draft and final EISs and SEISs shall be under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC. B. The draft and final EIS or SEIS shall be prepared at the city’s option by the city staff, the applicant or by a consultant approved by the city. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the draft and final EIS prior to distribution. C. The city may require an applicant to provide additional information which the city does not possess, including information which must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100, or other provisions of regulation, statute, or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter nor is the applicant relieved of the duty to supply any other information required by statute, regulation or ordinance. 20.15A.160 EIS – Commenting – Adoption by reference. This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and Thehearings. The city adopts the following sections of Chapter 197-1l WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter: 197-11-500 Purpose of this part. 197-11-502 Inviting comment. 197-11-504 Availability and cost of environmental documents. 197-11-508 SEPA register. 197-11-510 Public notice. 197-11-535 Public hearings and meetings. 197-11-545 Effect of no comment. 197-11-550 Specificity of comments. Packet Page 206 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 12 of 22 197-11-560 FEIS response to comments. 197-11-570 Consulted agency costs to assist lead agency. 20.15A.170 Public notice. Public notice for SEPA reviews shall be carried out as described in ECDC 20.03.002.H. Whenever the city issues a threshold determination, or EIS requiring public notice, the city shall give public notice of the determination or the availability of the environmental documents and whether any public hearing will be held as follows: A.Threshold Determination Notice. Public notice will be given on the following situations: 1.DNS involving another agency with jurisdiction; 2.DNS involving demolition of any structure or facility not exempted by 197-11- 800(2)(f) or 197-11-880; 3.DNS involving issuance of clearing or grading permits not exempted under WAC Part Nine – Categorical Exemptions; 4.DNS under WAC 197-11-350(2) Early Notice; 5.DNS under WAC 197-11-350(3) Mitigated DNS; 6.DNS under WAC 197-11-360(4) change from DS to DNS; 7.DS for scoping purposes; 8.Availability of a DEIS. B.Type of Notice. Under subsection A of this section, notice will be given as follows: 1.Posting in accordance with ECC 1.03.010; 2.Publication in the SEPA register. For project actions and other site specific development approvals: 3.Mailing to owners of property within 300 feet and to the residences, if the property owner’s address as shown on the records of the Snohomish County assessor’s office differs from the address of the property; 4.Other methods as deemed necessary and appropriate by the responsible official or required by ordinance or statute. C.Public Hearing. Whenever a public hearing is held notice shall be given. Such notice shall precede the hearing by at least 10 days. D.Type of Notice. Under subsection C of this section notice will be given as follows: 1.Posting of or near the property for site specific proposals; 2.Mailing to property owners within 300 feet for site specific proposals; 3.Posting in accordance with ECC 1.03.010; Packet Page 207 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 13 of 22 4.1. Other methods as deemed necessary and appropriate by the responsible official; provided that a public hearing on a non-project proposal must be preceded by written, published notice in accordance with WAC 197-11-502(6)(b) at least 10 days prior to the hearing. [Ord. 2950 § 2, 1993]. 20.15A.180 Designation of official to perform consulted agency responsibilities. A. The responsible official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping and reviewing of a draft EIS. B. The responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. 20.15A.190 Using existing environmental documents – Adoption by reference. This part contains rules for using and supplementing existing environmental documents prepared under SEPA or national Environmental Policy Act (NEPA) for the City’s own environmental compliance. The city adopts the following sections of Chapter 197-1l WAC, as now existing or hereinafter amended, by reference: 197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption. 197-11-172 Planned actions – Project review. 197-11-600 When to use existing environmental documents. 197-11-610 Use of NEPA documents. 197-11-620 Supplemental environmental impact statements. 197-11-625 Addenda – Procedures. 197-11-630 Adoption – Procedures. 197-11-635 Incorporation by reference – Procedures. 197-11-640 Combining documents. 20.15A.195 Planned Actions Definition and criteria for planned actions within the City are included in ECDC 20.04.003.B. 20.15A.200 SEPA decisions – Adoption by reference. This part contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: Packet Page 208 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 14 of 22 197-11-650 Purpose of this part. 197-11-655 Implementation. 197-11-660 Substantive authority and mitigation. 197-11-680 Appeals. 197-11-700 Definitions. 20.15A.210 SEPA decisions – Nonexempt proposals. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city staff’s recommendation to any appropriate advisory body such as the planning commissionboard. If a final EIS is or becomes available, it shall be substituted for the draft. 20.15A.220 SEPA decisions – Substantive authority. A. The city may attach conditions to a permit or approval for a proposal so long as: 1. Such conditions are necessary to mitigate specific probable adverse environmental impacts clearly identified in an environmental documents prepared pursuant to this chapter; and 2. Such conditions are in writing; and 3. Such The mitigation measures included in such conditions are reasonable and capable of being accomplished; and 4. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one or more policies in subsection C of this section or ECDC 20.15A.230 and cited in the permit, approval, license or other decision document. B. The city may deny a permit or approval for a proposal on the basis of SEPA so long as: 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and 2. A finding is made that there are no reasonable mitigation measures sufficient to mitigate the identified impact; and 3. The denial is based on one or more policies identified in subsection C of this section or in ECDC 20.15A.230 and identified in writing in the decision document. C. The City designates and adopts by reference the following policies as the basis for the City’s exercise of authority pursuant to this section: Packet Page 209 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 15 of 22 1. The City shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; d. Preserve important historic, cultural, and natural aspects of our national heritage; e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice; f. Achieve a balance between population and resource use which will permit high standards of living and wide sharing of life’s amenities; and g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 2. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. 20.15A.230 SEPA – Policies. A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city. B. The city adopts by reference the policies in the following city codes, ordinances, resolutions and plans, as now existing or hereinafter amended, as a possible basis for the exercise of substantive authority in the conditioning or denying of proposals. 1. Chapter 43.21C RCW, State Environmental Policy Act; 2. Six-Year Transportation Improvement Program; 3. Chapter 5.05 ECC, AnimalsAnimal Control; 4. ECC Title 6, Health and Sanitation; 5. ECC Title 108, Traffic; 6. ECC Title 9, Streets and Sidewalks; 7. ECDC Title 15, Comprehensive PlanLand Use Plans and Policies; 8. ECDC Title 16, Zone Districts, and Title 17, General Zoning Regulations; 9. ECDC Title 18, Public Works Requirements; Packet Page 210 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 16 of 22 10. ECDC Title 19, Building Codes; 11. ECDC Title 20, Review Criteria and Procedures; 12. ECDC Title 21, Definitions; 13. ECDC Title 22, Design Standards 14. ECDC Title 23, Natural Resources 13.The comprehensive plans of the city regarding street, sewer, sidewalk, parks, water, and trails and bikeways, of Snohomish County, and of the Metropolitan Sewer District. 15. City of Edmonds Comprehensive Plan and adopted elements. 20.15A.240 Appeals. A. Any interested person may appeal a threshold determination, adequacy of a final EIS and the conditions or denials of a requested action made by a non-elected city official pursuant to the procedures set forth in this section. No other SEPA appeal shall be allowed. B. All appeals filed pursuant to this section must be filed in writing with the director of community services within 14 calendar days of the date of the decision; appealed from.provided that when a 14 day DNS comment period is required pursuant to this chapter, appeals may be filed no later than the 21 calendars from the date of decision. C. On receipt of a timely written notice of appeal, the director of community services shall advise the hearing examiner of the pendency of the appeal and request that a date for considering the appeal be established. The decision of the hearing examiner shall be final and shall not be appealable to the city council. D. Appeals shall be governed by the procedures specified in Chapter 20.105 06 ECDC. E. All relevant evidence shall be received during the hearing of the appeal. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding. F. For any appeal under this section, the city shall provide for a record that shall consist of the following: 1. Findings and conclusions; 2. Testimony under oath; and 3. A taped or written transcript. G. The city may require the applicant to provide an electronic transcript. H. The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. [Ord. 3112 § 7, 1996]. Packet Page 211 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 17 of 22 20.15A.250 Notice/statute of limitations. A.D. The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. B.E. The form of the notice shall be substantially in the form provided in WAC 197- 11-990. The notice shall be published by the city clerk, applicant or proponent pursuant to RCW 43.21C.080. 20.15A.260 Definitions – Adoption by reference. This part contains uniform usage and definitions of terms under SEPA. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter: 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action. 197-11-706 Addendum. 197-11-708 Adoption. 197-11-710 Affected tribe. 197-11-712 Affecting. 197-11-714 Agency. 197-11-716 Applicant. 197-11-718 Built environment. 197-11-720 Categorical exemption. 197-11-721 Closed record appeal. 197-11-722 Consolidated appeal. 197-11-724 Consulted agency. 197-11-726 Cost-benefit analysis. 197-11-728 County/city. 197-11-730 Decision maker. 197-11-732 Department. 197-11-734 Determination of nonsignificance (DNS). 197-11-736 Determination of significance (DS). 197-11-738 EIS. 197-11-740 Environment. 197-11-742 Environmental checklist. Packet Page 212 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 18 of 22 197-11-744 Environmental document. 197-11-746 Environmental review. 197-11-748 Environmentally sensitive area. 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation by reference. 197-11-756 Lands covered by water. 197-11-758 Lead agency. 197-11-760 License. 197-11-762 Local agency. 197-11-764 Major action. 197-11-766 Mitigated DNS. 197-11-768 Mitigation. 197-11-770 Natural environment. 197-11-772 NEPA. 197-11-774 Nonproject. 197-11-775 Open record hearing. 197-11-776 Phased review. 197-11-778 Preparation. 197-11-780 Private project. 197-11-782 Probable. 197-11-784 Proposal. 197-11-786 Reasonable alternative. 197-11-788 Responsible official. 197-11-790 SEPA. 197-11-792 Scope. 197-11-793 Scoping. 197-11-794 Significant. 197-11-796 State agency. 197-11-797 Threshold determination. 197-11-799 Underlying governmental action. Packet Page 213 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 19 of 22 20.15A.270 Compliance with SEPA – Adoption by reference. This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting lead agency, and applying these rules to current agency activities. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter: 197-11-900 Purpose of this part. 197-11-902 Agency SEPA policies. 197-11-916 Application to ongoing actions. 197-11-920 Agencies with environmental expertise. 197-11-922 Lead agency rules. 197-11-924 Determining the lead agency. 197-11-926 Lead agency for governmental proposals. 197-11-928 Lead agency for public and private proposals. 197-11-930 Lead agency for private projects with one agency with jurisdiction. 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. 197-11-936 Lead agency for private projects requiring licenses from more than one state agency. 197-11-938 Lead agencies for specific proposals. 197-11-940 Transfer of lead agency status to a state agency. 197-11-942 Agreements on lead agency status. 197-11-944 Agreements on division of lead agency duties. 197-11-946 DOE resolution of lead agency disputes. 197-11-948 Assumption of lead agency status. 20.15A.280 Environmentally sensitive areas. Repealed by Ord. 3345. 20.15A.290 Fees. The city shall require the following fees for its activities in accordance with the provisions of this chapter: Packet Page 214 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 20 of 22 A. Threshold Determination. For every environmental checklist the city reviews as lead agency, the city shall collect a fee set by Chapter 15.00 ECDC from the proponent of the proposal prior to undertaking the threshold determination. This fee may be waived as provided therein. The time periods provided by this chapter from making a threshold determination shall not begin to run until fee has been paid or waived in writing by the responsible official. When the city assists the applicant or completes the environmental checklist at the applicant’s request under ECDC 20.15A.120 (EC), an additional fee equal to the estimated actual cost of providing the assistance shall be collected. B. Environmental Impact Statement. 1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation. 2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals. 3. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the EIS. If the city’s cost exceeds the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections (B)(1) or (2) of this section which remain after incurred costs, including overhead, are paid. C. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal. D. The city shall not collect a fee for performing its duties as a consulted agency. D.E. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Ord. 2829 § 1, 1991]. 20.15A.300 Forms – Adoption by reference. The city adopts the following forms and sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: 197-11-960 Environmental checklist. 197-11-965 Adoption notice. 197-11-970 Determination of nonsignificance (DNS). Packet Page 215 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 21 of 22 197-11-980 Determination of significance and scoping notice (DS). 197-11-985 Notice of assumption of lead agency status. 197-11-990 Notice of action. 12.15A.310 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other persons or circumstances, shall not be affected. NEW SUBSECTION ADDED TO ECDC 20.03.002 H. SEPA Review Noticing. 1. Whenever possible, the city shall integrate the public notice required under this subsection with existing notice procedures for the City’s nonexempt permits(s) or approvals(s) required for the proposal. 2. Whenever the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the City shall give public notice as follows: a. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. b. If an environmental document is issued concurrently with the notice of application, the public notice requiremnts for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirments in WAC 197-11-510(1). c. If no public notice is otherwise required for the permit or approval, the City shall give notice of the DNS or DS by: Posting the property, for site specific proposals; Mailed to real property owners as shown by the records fo the county assessor within 300 feet of the boundary of the property, for site specific proposals; and Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general circlulation within the City). d. Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. 3. If a DNS is issued using the optional DNS process, the public notice requirments for a notice of application in RCW 36.70B.110(4) as supplemented by the requirments in WAC 197-11-355 will suffice to meet the SEPA public notice requirments in WAC 19711-510(1)(b). Packet Page 216 of 319 ECDC 20.15A Update – Medical/Highway 99 Activity Center Public Hearing Draft Page 22 of 22 4. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: a. Indicating the availability of the DEIS in any public notice required for a nonexempt license; Posting the property, for site specific proposals; c. Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and c. Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general cirulation within the City). 5. Public notice for projects that qualify as planned actions shall be tied to underlying permit, the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit, no special notice is required. 6. The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. Packet Page 217 of 319 220TH ST SW 212TH ST SW 224TH ST SW NW TRACTION R/W210T H ST SW 222ND ST SW 77TH PL W82ND AVE W83RD AVE W74TH PL W82ND PL W213TH PL SW 208TH PL SW 73RD PL W229TH ST SW 224th PL SW83RD A V E W 82ND AVE W211TH PL80TH AVE W82ND AVE W81ST AVE W76TH AVE W77TH AVE W208TH ST SW 72ND AVE WHWY 9968TH AVE W212TH ST SW HWY 99N W TR A C TI O N R /W 216TH ST SW 2 0 9 T H S T S W 210TH P L S W 206TH PL 219TH ST SW 68TH AVE W70TH AVE WHWY 99220TH ST SW 226TH ST SW 2 2 7 T H P L 74TH AVE W72ND AVE W229TH ST SW75TH AVE W225TH ST80TH PL W 70TH AVE W215TH ST SW HWY 9980TH AVE W226TH ST SW 225TH PL SW 76TH AVE W224TH ST SW 223RD ST SW82ND PL W218TH ST SW 80TH AVE W76TH AVE W77TH PL W78TH AVE W 80TH PL77TH AVE W 219TH ST SW 78TH PL W80TH PL W211TH PL 72ND PL W78TH PL W 82ND PL W218TH ST SW78TH AVE W209T H ST SW 77TH PL W213TH ST SW 78TH AVE W78TH AVE W74TH AVE W78TH AVE W 78TH PL W81ST AVE W82ND AVE W207TH PL 74TH AVE W2 2 7TH P L SW 208TH ST SW 76TH PL W228TH ST SW82ND PL W 225TH PL 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212TH ST SW 224TH ST SW NW TRACTION R/W210T H ST SW 222ND ST SW 77TH PL W82ND AVE W83RD AVE W74TH PL W82ND PL W213TH PL SW 208TH PL SW 73RD PL W229TH ST SW 224th PL SW83RD A V E W 82ND AVE W211TH PL80TH AVE W82ND AVE W81ST AVE W76TH AVE W77TH AVE W208TH ST SW 72ND AVE WHWY 9968TH AVE W212TH ST SW HWY 99N W T R A C T IO N R /W 216TH ST SW 2 0 9 T H S T S W 210TH P L S W 206TH PL 219TH ST SW 68TH AVE W70TH AVE WHWY 99220TH ST SW 226TH ST SW 2 2 7 T H P L 74TH AVE W72ND AVE W229TH ST SW75TH AVE W225TH ST80TH PL W 70TH AVE W215TH ST SW HWY 9980TH AVE W226TH ST SW 225TH PL SW 76TH AVE W224TH ST SW 223RD ST SW82ND PL W218TH ST SW 80TH AVE W76TH AVE W77TH PL W78TH AVE W 80TH PL77TH AVE W 219TH ST SW 78TH PL W80TH PL W211TH PL 72ND PL W78TH PL W 82ND PL W218TH ST SW78TH AVE W209T H ST SW 77TH PL W213TH ST SW 78TH AVE W78TH AVE W74TH AVE W78TH AVE W 78TH PL W81ST AVE W82ND AVE W207TH PL 74TH AVE W2 2 7TH P L SW 208TH ST SW 76TH PL W228TH ST SW82ND PL W 225TH PL SW83RD AVE W79TH AVE W215T H S T SW 81ST PL W81ST PL W 228TH ST SW 215TH PL SW 83RD PL214TH PL SW 82ND AVE W77TH AVE W72ND AVE W81ST AVE W221ST PL SW 216TH ST SW 73RD PL WHWY 99210TH ST SW 67TH AVE W214TH ST SW67TH AVE W216TH ST SW 68TH PL W68TH AVE W224TH ST SW 221ST PL SW 67TH PL W68TH AVE W66TH AVE W67TH PL W66TH PL W225TH PL SW 226TH ST SW 227TH PL SW67TH PL W228TH ST SW 1,000 0 1,000 2,000500Feet Medical/Highway 99 Activity Centerwith Zoning Legend Plan Overlays Activity Center Corridor Development School High Rise Overlay P BN MU RS-8 RM-2.4 CG2 CG RM-1.5 BC RS-8 Packet Page 220 of 319 Page 1 of 5 Medical/Highway 99 Activity Center Case Study 10-Lot Residential Development 7723 & 7807 220th Street SW Introduction This case study is for a residential development on the property located at 7723 and 7807 220th Street SW. The property is located in the southwest corner of the Medical/Highway 99 Activity Center (Attachment 1). The subject site is made up of three contiguous parcels totaling 1.92 acres (83,635 square feet); the two addresses referenced above and a third parcel that is a 10-foot wide sliver of land. The site is zoned RS-8, which pursuant to ECDC 16.20.030 can be developed at a density of 5.5 dwelling units per acre. So this site could potentially be developed into a maximum of 10 residential lots (5.5 dwelling units/acre * 1.92 acres = 10.56 dwelling units). Assuming the SEPA threshold for residential development within the Medical/Highway 99 Activity Center has been increased to 20 residential units, this case study will outline the process for reviewing a 10-lot subdivision and the City of Edmonds codes that would apply to this development. Formal Subdivision A “formal subdivision” is the division of an existing lot into five or more parcels. All formal subdivisions are subject to the Edmonds Community Development Code (ECDC) 20.75. Review and approval of a subdivision is a multi-step process that includes preliminary approval (Type III-B decision before Hearing Examiner), civil design review and approval, constructing required improvements (or bonding for required improvements), and final approval (Type IV-A decision before the City Council). The Hearing Examiner reviews formal subdivisions as Type III-B decisions in accordance with ECDC 20.06, while the Community Development director, or a designated planning staff member, is in charge of administering the preliminary review of all subdivisions. The Public Works Department, Fire District No. 1, Building Division, Engineering Division, and other departments/divisions if needed, participate in preliminary review and make recommendations on subjects within their respective areas of expertise. The following criteria are used to review proposed subdivisions pursuant to ECDC 20.75.085: A. Environmental 1. Where environmental resources exist, such as trees, streams, ravines or wildlife habitats, the proposal shall be designed to minimize significant adverse impacts to the resources. Permanent restrictions may be imposed on the proposal to avoid impact. 2. The proposal shall be designed to minimize grading by using shared driveways and by relating street, house site and lot placement to the existing topography. 3. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as flood plains, steep slopes or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with paragraphs A(1) and (2) of this section. Packet Page 221 of 319 Page 2 of 5 4. The proposal shall be designed to minimize off-site impacts on drainage, views and so forth. B. Lot and Street Layout 1. Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed on the approval which will ensure that the lot is developed properly. 2. Lots shall not front on highways, arterials or collector streets unless there is no other feasible access. Special access provisions, such as shared driveways, turnarounds or frontage streets may be required to minimize traffic hazards. 3. Each lot shall meet the applicable dimensional requirements of the zoning ordinance. 4. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate. C. Dedications 1. The city council may require dedication of land in the proposed subdivision for public use. 2. Only the city council may approve a dedication of park land to satisfy the requirements of ECDC 20.75.090. The council may request a review and written recommendation from the planning advisory board. 3. Any approval of a subdivision shall be conditioned on appropriate dedication of land for streets, including those on the official street map and the preliminary plat. D. Improvements. 1. Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities. 2. The person or body approving a subdivision shall determine the improvements necessary to meet the purposes and requirements of this chapter, and the requirements of: a. ECDC Title 18, Public Works Requirements; b. Chapter 19.75, Fire Code, as to fire hydrants, water supply and access. This determination shall be based on the recommendations of the community development director, the public works director, and the fire chief. 3. The use of septic systems may be approved if all of the following conditions are met: a. It is more than 200 feet, multiplied by the number of lots in the proposed subdivision, from the nearest public sewer main to the nearest boundary of the land to be divided. b. The land to be divided is zoned RS-20. Packet Page 222 of 319 Page 3 of 5 c. The public works director and city health officer determine that soil, drainage and slope conditions are satisfactory for septic use and that all requirements of WAC 248-96-090 are met. E. Flood Plain Management. All subdivision proposals shall comply with the criteria set forth in the Edmonds Community Development Code for flood plain management. The above review criteria mention some specific code sections that are considered during a subdivision review. Below is a more comprehensive list of City of Edmonds development regulations that may apply to a subdivision at this location:  ECDC 16.20 Single Family Residential (Including minimum lot area, minimum lot width, and maximum density requirements.)  ECDC 17.10 Bonds  ECDC 17.50 Off-Street Parking  ECDC 18.05 Utility Wires  ECDC 18.10 Sewers  ECDC 18.30 Stormwater Management  ECDC 18.40 Grading and Retaining Walls  ECDC 18.45 Land Clearing and Tree Cutting Code  ECDC 18.80 Streets and Driveways  ECDC 18.82 Traffic Impact Fees  ECDC 18.85 Street Trees  ECDC 18.90 Sidewalks  ECDC 19.25 Fire Code  ECDC 20.75 Subdivisions  ECDC 23.40 – ECDC 23.90 Critical Area Regulations The City will review the subdivision proposal for consistency with the applicable development regulations and Comprehensive Plan. Pursuant to ECDC 20.04.001, during review of the formal subdivision, the City will determine whether the development regulations applicable to the proposed project, or in the absence of applicable development regulations, the City’s Comprehensive Plan, address the following: 1. The type of land use permitted at the site, including uses that may be allowed if the criteria for their approval have been satisfied; 2. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density; 3. Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan; and 4. Whether the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW. Project review by the director and appropriate city staff will identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable significant adverse environmental impacts. Packet Page 223 of 319 Page 4 of 5 ECDC 20.15A Environmental Review (SEPA) was left off the list of potential City of Edmonds regulations that may apply to the project because one assumption that we are working under is that the categorical exemptions threshold for residential units has been increased to 20 units; however, the 20-unit threshold is just one item that may trigger SEPA review. A proposal must be reviewed in its entirety; just because a proposal meets one of the exemptions, it may not meet another. For instance, a 10-lot subdivision on the subject property is likely to require significant improvements (stormwater, roads, sidewalks, etc.) and it is likely that these improvements would require grading of more than 500 cubic yards of material, which would trigger the requirement of SEPA review. For illustrative purposes however, we are assuming the project will not require SEPA review. Process and Public Participation The formal subdivision process provides the public with a number of opportunities to comment on a proposal. Once an application has been determined to be complete pursuant to ECDC 20.02.003, a Notice of Application must published in the Everett Herald, posted on the site (on a large white 4 feet by 4 feet sign), and mailed to property owners within 300 feet of the subject site. Refer to Attachment 2 to see what properties would receive mailing notice for the subject property. The Notice of Application for the subject property would also be mailed to the City of Lynnwood and Snohomish County since the property is within one mile of Lynnwood’s municipal boundaries and is adjacent to Snohomish County (Esperance). If the project is ready for a public hearing, the Notice of Application and Notice of Public Hearing will be combined. Anyone can comment on the proposal until the close of the public hearing before the Hearing Examiner. The Hearing Examiner’s decision on the preliminary approval (or denial) is appealable to the City Council in a closed record review. Once a formal subdivision has received preliminary approval, the next two steps in the process must be completed before submittal for final approval. The applicant will prepare the civil designs for the project (roads, sidewalks, stormwater, and other required improvements identified as conditions of preliminary approval). The civil designs are reviewed and approved by the City of Edmonds Engineering Division. Once the civil designs are approved, the applicant must either complete the improvements before the final plat is submitted to the City Council for approval or post a bond to guarantee the completion of the improvements within one year of the approval of the final plat. When the civil designs have been approved and the work completed or bonded for, the applicant can submit for final approval. Public Works and Development Services Departments review the final subdivision to ensure the improvements have been completed in accordance with city regulations and that the subdivision conforms to the approved preliminary plat and all conditions of the preliminary approval. The final subdivision will then be forwarded to the City Council for a Type IV-A decision. A notice that the final subdivision has been forwarded to the City Council will be published in the Everett Herald, posted on the site, and mailed to property owners within 300 feet of the subject site. If the City Council finds that the public use and interest will be served by the proposed subdivision and that all requirements of the preliminary approval have been met, the Council may approve the final subdivision. The City Council’s decision of the final subdivision is appealable to Superior Court. Packet Page 224 of 319 Page 5 of 5 The final subdivision must be recorded with the Snohomish County auditor before the subdivision is considered completed and the new parcels identified in the subdivision are officially created. SEPA Under current SEPA threshold levels, any subdivision of five or more lots would also have required SEPA review. SEPA review would be conducted with the underlying subdivision application. In addition to the land use consistency review described above in the formal subdivision section, under SEPA review, the City will review the proposed subdivision for consistency with RCW 43.21C (SEPA), the SEPA rules in WAC 197-11, and the City’s SEPA regulations in ECDC 20.15A and will: 1. Determine whether applicable regulations require studies to adequately analyze all of the proposed project’s specific probable adverse environmental impacts; 2. Determine whether applicable regulations require mitigation measures to adequately address identified environmental impacts; and 3. Provide prompt and coordinated review by other government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level. If the City bases or conditions the approval of the subdivision application on compliance with the requirements or mitigation measures based on the City’s development regulations, the City cannot impose additional mitigation under SEPA for the same adverse environmental impacts. It is only when existing local, state, or federal regulations do not provide adequate mitigation that additional conditions under SEPA may be applied. SEPA also has specific notice requirements; however, SEPA notices may be combined with the Notice of Application. Since SEPA notice could be combined with the Notice of Application, no additional notice would likely have been published, posted, or mailed with the subdivision of this property. The only additional notice as a result of SEPA, would be that the threshold determinations (Determination of Nonsignificance, Mitigated Determination of Nonsignificance, or Determination of Significance) would also be mailed to other agencies with jurisdiction over the proposal and posted on the SEPA register at the Department of Ecology. SEPA does provide for an additional comment period, which would be a fourteen day comment period on the threshold determination regarding potential environmental impacts of the proposal. There would also be an opportunity to appeal the threshold determination, which would add one more avenue for appeal in the formal subdivision process. Packet Page 225 of 319 220TH ST SW 212TH ST SW 224TH ST SW NW TRACTION R/W210TH ST SW 206TH ST SW 222ND ST SW 77TH PL W82ND AVE W83RD AVE W80TH PL W74TH PL W82ND PL W213TH PL S W 20 8TH PL SW 73RD PL W229TH ST SW 224 th P L SWWOODLAKE DR 83R D A V E W 82ND AVE W211TH PL80TH AVE W82ND AVE W81ST AVE W76TH AVE W77TH AVE W208TH ST SW 72ND AVE WHWY 9968TH AVE W212TH ST SW HWY 99NW T R A C T IO N R/W 216TH ST SW 2 0 9 T H S T S W 210TH P L S W 206TH PL 219TH ST SW 68TH AVE W70TH AVE WHWY 99220T H S T SW 226TH ST SW 2 2 7 T H P L LAKE VIEW DRIVE74TH AVE W72ND AVE W229TH ST SW 229TH PL SW75TH AVE W225TH ST 80TH PL W 70TH AVE W215TH ST SW HWY 9980TH AVE W22 6TH ST SW 225TH PL SW 76TH AVE W224TH ST SW 2 23RD ST SW82ND PL W218TH ST SW 80TH AVE W76TH AVE W77TH PL W78TH AVE W 80TH PL84TH AVE W81ST PL W77TH AVE W 219TH ST SW 78TH PL W80TH PL W211TH PL 72ND PL W78TH PL W 82ND PL W218TH ST SW78TH AVE W 209TH ST SW 77TH PL W213TH ST SW 78TH AVE W78TH AVE W74TH AVE W78TH AVE W 230TH ST SW78TH PL W81ST AVE W229TH ST SW 82ND AVE W207TH PL 230TH ST SW 74TH AVE W2 2 7T H PL SW 208TH ST SW 76TH PL W228TH ST SW82ND PL W 2 25TH PL SW83RD AVE W79TH AVE W215TH ST SW 81ST PL W81ST PL W 228TH ST SW 215TH PL SW 83RD PL2 14TH PL SW 82ND AVE W83RD PL77TH AVE W84TH AVE W72ND AVE W81ST AVE W2 21ST PL SW 216TH ST SW 73RD PL W83RD AVE WHWY 99210TH ST SW 66TH AVE W67TH AVE WN W T R A C T IO N R /W 214TH ST SW67TH AVE W66TH AVE W216TH ST SW 218TH ST SW66TH AVE W68TH PL W68TH AVE W222ND ST SW 224TH ST SW 221ST PL SW 67TH PL W68TH AVE W66TH AVE W67TH PL W66TH PL W225TH PL SW 225TH PL SW 226TH ST SW 227TH PL SW67TH PL W67TH PL W66TH PL228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 220TH ST SW 212TH ST SW 224TH ST SW NW TRACTION R/W210TH ST SW 206TH ST SW 222ND ST SW 77TH PL W82ND AVE W83RD AVE W80TH PL W74TH PL W82ND PL W213TH PL S W 20 8TH PL SW 73RD PL W229TH ST SW 224 th P L SWWOODLAKE DR 83R D A V E W 82ND AVE W211TH PL80TH AVE W82ND AVE W81ST AVE W76TH AVE W77TH AVE W208TH ST SW 72ND AVE WHWY 9968TH AVE W212TH ST SW HWY 99NW T R A C T IO N R/W 216TH ST SW 2 0 9 T H S T S W 210TH P L S W 206TH PL 219TH ST SW 68TH AVE W70TH AVE WHWY 99220T H S T SW 226TH ST SW 2 2 7 T H P L LAKE VIEW DRIVE74TH AVE W72ND AVE W229TH ST SW 229TH PL SW75TH AVE W225TH ST 80TH PL W 70TH AVE W215TH ST SW HWY 9980TH AVE W22 6TH ST SW 225TH PL SW 76TH AVE W224TH ST SW 223RD ST SW82ND PL W218TH ST SW 80TH AVE W76TH AVE W77TH PL W78TH AVE W 80TH PL84TH AVE W81ST PL W77TH AVE W 219TH ST SW 78TH PL W80TH PL W211TH PL 72ND PL W78TH PL W 82ND PL W218TH ST SW78TH AVE W 209TH ST SW 77TH PL W213TH ST SW 78TH AVE W78TH AVE W74TH AVE W78TH AVE W 230TH ST SW78TH PL W81ST AVE W229TH ST SW 82ND AVE W207TH PL 230TH ST SW 74TH AVE W2 2 7T H PL SW 208TH ST SW 76TH PL W228TH ST SW82ND PL W 2 25TH PL SW83RD AVE W79TH AVE W215TH ST SW 81ST PL W81ST PL W 228TH ST SW 215TH PL SW 83RD PL2 14TH PL SW 82ND AVE W83RD PL77TH AVE W84TH AVE W72ND AVE W81ST AVE W2 21ST PL SW 216TH ST SW 73RD PL W83RD AVE WHWY 99210TH ST SW 66TH AVE W67TH AVE WN W T R A C T IO N R /W 214TH ST SW67TH AVE W66TH AVE W216TH ST SW 218TH ST SW66TH AVE W68TH PL W68TH AVE W222ND ST SW 224TH ST SW 221ST PL SW 67TH PL W68TH AVE W66TH AVE W67TH PL W66TH PL W225TH PL SW 225TH PL SW 226TH ST SW 227TH PL SW67TH PL W67TH PL W66TH PL228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 1,000 0 1,000 2,000500Feet Medical/Highway 99 Activity Center Residential Development Case Study7723 and 7807 220th Street SW Legend Case Study Property Plan Overlays Activity Center Corridor Development School High Rise Overlay Attachment 1Packet Page 226 of 319 220TH ST SW 224TH ST SW 222ND ST SW 82ND AVE W73RD PL W219TH ST SW HWY 99220TH ST SW 225TH ST 215TH ST SW 80TH AVE W76TH AVE W224TH ST SW 223RD ST SW 218TH ST SW 80TH AVE W76TH AVE W77TH PL W78TH AVE W77TH AVE W 219TH ST SW 78TH PL W 218TH ST SW 77TH PL W 78TH AVE W78TH PL W81ST AVE W82ND AVE W 76TH PL W79TH AVE W215TH ST SW 215TH PL SW 214TH PL SW 82ND AVE W77TH AVE W221ST PL SW 216TH ST SW 220TH ST SW 224TH ST SW 222ND ST SW 82ND AVE W73RD PL W219TH ST SW HWY 99220TH ST SW 225TH ST 215TH ST SW 80TH AVE W76TH AVE W224TH ST SW 223RD ST SW 218TH ST SW 80TH AVE W76TH AVE W77TH PL W78TH AVE W77TH AVE W 219TH ST SW 78TH PL W 218TH ST SW 77TH PL W 78TH AVE W78TH PL W81ST AVE W82ND AVE W 76TH PL W79TH AVE W215TH ST SW 215TH PL SW 214TH PL SW 82ND AVE W77TH AVE W221ST PL SW 216TH ST SW 500 0 500 1,000250Feet Medical/Highway 99 Activity Center Residential Development Case Study300 Feet Notice Radius Legend Case Study Property Plan Overlays Activity Center Corridor Development School High Rise Overlay Attachment 2Packet Page 227 of 319 AM-3351   Item #: 4. City Council Meeting Date: 09/07/2010 Time:45 Minutes   Submitted By:Kernen Lien Department:Planning Review Committee: Committee Action: Type:Action  Information Subject Title Public hearing on proposed updates to Edmonds Community Development Code (ECDC) 20.15A Environmental Review (SEPA). The update is being conducted as part of the City’s comprehensive review of its development regulations. The update is being done to ensure ECDC 20.15A is consistent with WAC 197-11, WAC 173-806, and the City of Edmonds Comprehensive Plan and development regulations. This update includes proposed increases to categorical exemption flexible threshold levels for the Highway 99 Corridor as defined by the City of Edmonds Comprehensive Plan. Recommendation from Mayor and Staff Previous Council Action The ECDC 20.15A update was discussed with the CS/DS Committee on May 12, 2009 (See Exhibit 1 on Agenda Item 3). An introduction to the proposed updates recommended by the Planning Board was presented to the Council on July 27, 2010 (See Exhibit 2 on Agenda Item 3). Council voted to split the Planning Board's recommendation in two parts and hold two separate public hearings. Both proposals for the public hearings will consider the updates to ensure consistency with WAC 197-11, WAC 173-806, and the City of Edmonds Comprehensive Plan and development regulations. One proposal will include increasing the categorical exemption flexible threshold levels for the Medical/Highway 99 Activity Center, while the second will includes increasing the flexible thresholds for the Highway 99 Corridor.  Narrative The City of Edmonds SEPA regulations are codified in ECDC 20.15A. The City’s original SEPA regulations were adopted under Ordinance 1855 in 1976. In 1984, the City adopted Ordinance No. 2461 which created ECDC 20.15A in order to come into compliance with the new (at that time) SEPA rules in WAC 197-11 and model SEPA ordinance in WAC 173-806. The ECDC 20.15A the City uses today is essentially the same ordinance that was adopted 25 years ago having under gone only five minor amendments in that time.  ECDC 20.15A is being reviewed as part of the City’s comprehensive review of its development regulations. Due to changes in the RCW’s, WAC’s, and the City’s own code, ECDC 20.15A is long over due for an update.  Potential updates to ECDC 20.15A were presented to the Planning Board on July 22, 2009 (See Exhibit 3 on Agenda Item 3). The Planning Board directed staff to propose new flexible Packet Page 228 of 319 thresholds for categorical exemptions under SEPA.  Proposed new flexible thresholds were presented at the February 24, 2010 Planning Board meeting (See Exhibit 4 on Agenda Item 3). The Planning Board agreed they would like to consider changes to the flexible thresholds, but only for the Highway 99 Corridor and multi-family residential areas along main arterials such as 212th St SW, 196th St SW, and State Route 104. Staff was directed to update the flexible threshold proposal and bring it back for further Board review.  Four flexible threshold alternatives based on Board guidance were presented to the Planning Board on April 14, 2010 (See Exhibit 5 on Agenda Item 3). The Planning Board ultimately chose an alternative that increased the flexible threshold for the Medical/Highway 99 Activity Center and the Highway 99 Corridor. The Planning Board also reviewed proposed changes to the text of ECDC 20.15A which largely follows the model code provided in WAC 173-806. The Planning Board held a public hearing on the proposed changes to ECDC 20.15A on June 23, 2010 and voted to forward the proposed amendments to ECDC 20.15A Environmental Review to the City Council with a recommendation of approval as proposed (See Exhibit 6 on Agenda Item 3).  See Exhibit 7 on Agenda Item 3 for a memorandum detailing the review of ECDC 20.15A, Exhibit 1 of this Agenda Item is a redline/strike version of ECDC 20.15A with proposed changes to ECDC 20.15A including increasing the flexible threshold for the Highway 99 Corridor, Exhibits 2 - 4 are maps of the Highway 99 Corridor, and Exhibit 5 is a case study of a hypothetical development in the Highway 99 Corridor assuming the new flexible thresholds for the corridor. Attachments Exhibit 1 - ECDC 20.15A redline version with increases to flexible thresholds for the Highway 99 Corridor Exhibit 2 - Aerial Photo of Highway 99 Corridor Exhibit 3 - Map of Comprehensive Plan Designations for the Highway 99 Corridor Exhibit 4 - Zoning Map of the Highway 99 Corridor Exhibit 5 - Highway 99 Corridor Case Study Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/02/2010 11:37 AM Mayor Mike Cooper 09/02/2010 04:11 PM Final Approval Sandy Chase 09/02/2010 04:12 PM Form Started By: Kernen Lien Started On: 09/01/2010  Final Approval Date: 09/02/2010  Packet Page 229 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 1 of 22 Chapter 20.15A ENVIRONMENTAL REVIEW (SEPA) Sections: 20.15A.010 Authority. 20.15A.020 General SEPA Requirements - Adoption by reference. 20.15A.025 Reliance on existing laws, plans and regulations 20.15A.030 Additional definitions. 20.15A.040 Designation of responsible official. 20.15A.050 Lead agency determination and responsibilities. 20.15A.060 Categorical exemptions and threshold determinations Rules for deciding probable significant, adverse environmental impacts – Adoption by reference. 20.15A.070 Categorical exemptions and threshold determinations – Time estimates. 20.15A.080 Categorical exemptions – Adoption by reference. 20.15A.090 Categorical exemptions – Flexible thresholds. 20.15A.100 Categorical exemptions – DeterminationUse of exemptions. 20.15A.110 Determination – Review at conceptual stage. 20.15A.120 Threshold determinations – Environmental checklist. 20.15A.130 Threshold determinations – Mitigated DNS. 20.15A.140 Environmental impact statement (EIS) – Adoption by reference. 20.15A.150 EIS – PreparationPreparation of EIS – Additional considerations. 20.15A.160 EIS – Commenting – Adoption by reference. 20.15A.170 Public notice. 20.15A.180 Designation of official to perform consulted agency responsibilities. 20.15A.190 Using existing environmental documents – Adoption by reference. 20.15A.195 Planned Actions 20.15A.200 SEPA decisions – Adoption by reference. 20.15A.210 SEPA decisions – Nonexempt proposals. 20.15A.220 SEPA decisions – Substantive authority. 20.15A.230 SEPA – Policies. 20.15A.240 Appeals. 20.15A.250 Notice/statute of limitations. Packet Page 230 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 2 of 22 20.15A.260 Definitions – Adoption by reference. 20.15A.270 Compliance with SEPA – Adoption by reference. 20.15A.280 Repealed. 20.15A.290 Fees. 20.15A.300 Forms – Adoption by reference. 20.15A.310 Severability. 20.15A.010 Authority. The city of Edmonds adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules WAC 197-11- 904. The city’s substantive polices for the enforcement of and procedures for SEPA are contained in ECDC Title 15; its procedures are contained in this chapter. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. 20.15A.020 General SEPA Requirements - Adoption by reference. This part contains the basic requirements that apply to the SEPA process. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: 197-11-040 Definitions. 197-11-050 Lead agency. 197-11-055 Timing of the SEPA process. 197-11-060 Content of environmental review. 197-11-070 Limitations on actions during SEPA process. 197-11-080 Incomplete or unavailable information. 197-11-090 Supporting documents. 197-11-100 Information required of applicants. 197-11-210 SEPA/GMA integration. 197-11-220 SEPA/GMA definitions. 197-11-228 Overall SEPA/GMA integration procedures. 197-11-230 Timing of an integrated GMA/SEPA process. 197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping. 197-11-235 Documents. 197-11-250 SEPA/Model Toxics Control Act integration. 197-11-253 SEPA lead agency for MTCA actions. Packet Page 231 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 3 of 22 197-11-256 Preliminary evaluation. 197-11-259 Determination of nonsignificance for MTCA remedial actions. 197-11-262 Determination of significance and EIS for MTCA remedial actions. 197-11-265 Early scoping for MTCA remedial actions. 197-11-268 MTCA interim actions. 20.15A.025 Reliance on existing plans, laws and regulations In reviewing the environmental impacts of a project and making a threshold determination, the City may determine that the requirements for environmental analysis, protection, and mitigation measures in the City’s development regulations and comprehensive plan adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws or rules, provide adequate analysis of and mitigation for some or all of the specific adverse environmental impacts of the project consistent with the initial SEPA analysis identified in ECDC 20.04.002. 20.15A.030 Additional definitions. In addition to those definitions contained within WAC 197-11-700 through 197-11-799 and 197-11-220, when used in this chapter the following terms shall have the following meanings, unless the content indicates otherwise: A. “Department” means any division, subdivision or organizational unit of the city established by ordinance, rule or order. B. “SEPA Rules” means Chapter 197-11 WAC adopted by the Department of Ecology. C. “Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory requirements. D. “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures). 20.15A.040 Designation of responsible official. A. For those proposals for which the city is a lead agency, the responsible official shall be the community services director or such other person as the director may designate in writingplanning manager or his/her designee. B. For all proposals for which the city is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rule that have been adopted by reference. C. The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with chapter 42.17 RCW. Packet Page 232 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 4 of 22 20.15A.050 Lead agency determination and responsibilities. A. The responsible official or the department receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050, WAC 197-11-253, and WAC 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency. B. When the city is the lead agency for a proposal, the responsible official shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS. B.C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency unless the city determines a supplemental environmental review is necessary under WAC 197-11-600. C.D. If the city, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city may be initiated by the responsible official or any department. D.E. The responsible official is authorized to make agreements as to lead agency status or shared lead agency’s duties for a proposal under WAC 197-11-942 and 197-11- 944:.provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve that agreement. E.F. The responsible official shall require sufficient information from the applicant to identify which other agencies with have jurisdiction over the proposal. G. When the city is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the city shall decide jointly with Ecology who receives the comment letters and how copies of the comments letters will be distributed to the other agency. 20.15A.060 Categorical exemptions and threshold determinations Rules for deciding probable significant, adverse environmental impact – Adoption by reference. This part contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating impacts of proposals not requiring Packet Page 233 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 5 of 22 an EIS. The city adopts the following sections of Chapter 197-1l WAC, as now existing or hereinafter amended by reference as supplemented in this chapter: 197-11-300 Purpose of this part. 197-11-305 Categorical exemptions. 197-11-310 Threshold determination required. 197-11-315 Environmental checklist. 197-11-330 Threshold determination process. 197-11-335 Additional information. 197-11-340 Determination of nonsignificance (DNS). 197-11-350 Mitigated DNS. 197-11-355 Optional DNS process. 197-11-360 Determination of significance (DS)/initiation of scoping. 197-11-390 Effect of threshold determination. 20.15A.070 Categorical exemptions and threshold determinations – Time estimates. The time estimates contained in this section apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies. The actual time may vary with the complexity of the project, availability of staff, cooperation of agencies with jurisdiction or expertise, etc. The time estimates contained herein shall not be construed to be mandatory. For the purpose of this section the word “day” shall mean a day upon which the city’s administrative offices are open for business. A.Categorical Exemptions. The city will normally identify whether an action is categorically exempt within 10 days of receiving a completed application. B.Threshold Determinations. 1.The city will normally complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 days of the date an applicant’s adequate application and completed checklist are submitted. 2.When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction: a.The city will normally request such further information within 15 days of receiving an adequate application and completed environmental checklist. b.The city will normally wait no longer than 15 days for a consulted agency to respond. Packet Page 234 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 6 of 22 c.The responsible official will normally complete the threshold determination within 15 days of receiving the requested information from the applicant or the consulted agency. 3.When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city will normally complete the studies within 30 days of receiving an adequate application and a completed checklist. 4.The city will normally complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the application, within 15 days of receiving an adequate application and completed checklist. 5.The responsible official will normally respond to a request for early notice within 10 days. The threshold determination will normally be made within 15 days of receipt of the changed or clarified proposal, environmental checklist and/or permit application. 20.15A.080 Categorical exemptions – Adoption by reference. The city adopts the following rules for categorical exemption of Chapter 197-11, as now existing or hereinafter amended, by reference, as supplemented in this chapter: 197-11-800 Categorical exemptions. 197-11-880 Emergencies. 197-11-890 Petitioning DOE to change exemptions. 20.15A.090 Categorical exemptions – Flexible thresholds. A. The proposed actions contained in this section are categorically exempt from threshold determination and EIS requirements, subject to the rules and limitations on categorical exemptions contained in ECDC 20.15A.100. The exemptions in this section apply to all licenses required to undertake the construction in question, except when undertaken wholly or partly on lands covered by water. To be exempt under this section, the project must be equal to or smaller than the exempt level. A.B. The city establishes the following exempt level for minor new construction based on local conditions in addition to those standards adopted by reference. 1. For landfills and evacuations excavations in WAC 197-11-800(1)(b)(v) up to 500 cubic yards in all locations throughout the City of Edmonds. 2. The table below establishes the City’s exempt level for minor new construction under WAC 197-11-800(1)(b)(i) through WAC 197-11-800(1)(b)(v) for all property located within the Highway 99 Corridor as defined in the City of Edmonds Comprehensive Plan. Packet Page 235 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 7 of 22 Residential Structures WAC 197-11- 800(1)(b)(i) New construction WAC 197-11- 800(1)(b)(iii) Parking lot WAC 197-11- 800(1)(b)(iv) Landfill or excavation WAC 197-11- 800(1)(b)(v) 20 units 12,000 square feet 40 spaces 500 cy B.C. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, Headquarters Office, Olympia, Washington. 20.15A.100 Categorical exemptions – DeterminationUse of exemptions. A. When the city receives an application for a license or, in the case of governmental proposals a department initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter shall apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal. B. In determining whether or not a proposal is exempt the responsible official shall make certain the proposal is properly defined and shall identify the governmental license required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency even if the license application that triggers the consideration is exempt. C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: 1. The city shall not give authorization for: a. Any nonexempt action; b. Any action that would have an adverse environmental impact; or c. Any action that would limit the choice of reasonable alternatives. 2. The city may withhold approval of any permit, application or proposal, the basis of which is an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if the nonexempt actions were not approved. 3. The city may withhold approval of any permit, application or proposal, the basis of which is an exempt action that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. 20.15A.110 Determination – Review at conceptual stage. A. If the city’s only action on a proposal is a decision on a building permit or other licenses that requires detailed project plans and specifications, the applicant may Packet Page 236 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 8 of 22 request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. B. In addition to the environmental documents an applicant shall submit the following information for early environmental review: 1. A copy of any permit or license application; 2. Other information as the responsible official may determine. 20.15A.120 Threshold determinations – Environmental checklist. A. Except as provided in subsection (E) of this section, Aa completed environmental checklist, in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate or other approval not specifically exempted by this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency, and if the city is the lead agency, for making the threshold determination. The checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4). B.A checklist is not needed if the city and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. C.B. For private proposals, the applicant is required to complete the environmental checklist. The city may provide assistance as necessary. For city proposals the department initiating the proposal shall complete the environmental checklist for that proposal. D.C. The city may decide to complete all or part of the environmental checklist for a private proposal, if any of the following occurs: 1. The city has technical information on a question or questions that is unavailable to the private applicant; or 2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration; or 3. On the request of the applicant. E.D. The applicant shall pay to the city the actual costs of providing information under paragraphs DC(2) and DC(3) of this section. E. For projects submitted as planned actions under ECDC 20.04.003.B, the city shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with or as part of a planned action ordinance; or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a thirty-day review. Packet Page 237 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 9 of 22 20.15A.130 Threshold determinations – Mitigated DNS. A. The responsible official may issue a determination of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant. B. An applicant may request in writing early notice of whether a DS is likely. The request must: 1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and 2. Precede the city’s actual threshold determination for the proposal. C. The responsible official’s response to the request for early notice shall: 1. Be written; 1.2. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading the city to consider a DS; and 2.3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. D. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures. D.E. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination on the changed or clarified proposal. 1. If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a determination of nonsignificance if the city determines that no additional information or mitigation measures are required. 2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issue a DNS or DS as appropriate. 3. The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate. 4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. Packet Page 238 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 10 of 22 E.F. The city shall not act upon a proposal for which a mitigated DNS has been issued for 15 days after the date of issuanceA mitigated DNS is issued under either WAC 197-11-340(2), requiring a fourteen-day comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.. F.G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the licensing or permit decision and may be enforced in the same manner as any term or condition of the permit or enforced in any matter specifically prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license or permit issued. G.H. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3) (a) relating to the withdrawal of a DNS. H.I. The city’s written response under subsection C of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. 20.15A.140 Environmental impact statement (EIS) – Adoption by reference. This section contains the rules for preparing environmental impact statements. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented by this chapter: 197-11-400 Purpose of EIS. 197-11-402 General requirements. 197-11-405 EIS types. 197-11-406 EIS timing. 197-11-408 Scoping. 197-11-410 Expanded scoping. 197-11-420 EIS preparation. 197-11-425 Style and size. 197-11-430 Format. 197-11-435 Cover letter or memo. 197-11-440 EIS contents. 197-11-442 Contents of EIS on nonproject proposals. 197-11-443 EIS contents when prior nonproject EIS. Packet Page 239 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 11 of 22 197-11-444 Elements of the environment. 197-11-448 Relationship of EIS to other considerations. 197-11-450 Cost-benefit analysis. 197-11-455 Issuance of DEIS. 197-11-460 Issuance of FEIS. 20.15A.150 EIS – PreparationPreparation of EIS – Additional considerations.. A. Preparation of draft and final EISs and SEISs shall be under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC. B. The draft and final EIS or SEIS shall be prepared at the city’s option by the city staff, the applicant or by a consultant approved by the city. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the draft and final EIS prior to distribution. C. The city may require an applicant to provide additional information which the city does not possess, including information which must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100, or other provisions of regulation, statute, or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter nor is the applicant relieved of the duty to supply any other information required by statute, regulation or ordinance. 20.15A.160 EIS – Commenting – Adoption by reference. This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and Thehearings. The city adopts the following sections of Chapter 197-1l WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter: 197-11-500 Purpose of this part. 197-11-502 Inviting comment. 197-11-504 Availability and cost of environmental documents. 197-11-508 SEPA register. 197-11-510 Public notice. 197-11-535 Public hearings and meetings. 197-11-545 Effect of no comment. 197-11-550 Specificity of comments. Packet Page 240 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 12 of 22 197-11-560 FEIS response to comments. 197-11-570 Consulted agency costs to assist lead agency. 20.15A.170 Public notice. Public notice for SEPA reviews shall be carried out as described in ECDC 20.03.002.H. Whenever the city issues a threshold determination, or EIS requiring public notice, the city shall give public notice of the determination or the availability of the environmental documents and whether any public hearing will be held as follows: A.Threshold Determination Notice. Public notice will be given on the following situations: 1.DNS involving another agency with jurisdiction; 2.DNS involving demolition of any structure or facility not exempted by 197-11- 800(2)(f) or 197-11-880; 3.DNS involving issuance of clearing or grading permits not exempted under WAC Part Nine – Categorical Exemptions; 4.DNS under WAC 197-11-350(2) Early Notice; 5.DNS under WAC 197-11-350(3) Mitigated DNS; 6.DNS under WAC 197-11-360(4) change from DS to DNS; 7.DS for scoping purposes; 8.Availability of a DEIS. B.Type of Notice. Under subsection A of this section, notice will be given as follows: 1.Posting in accordance with ECC 1.03.010; 2.Publication in the SEPA register. For project actions and other site specific development approvals: 3.Mailing to owners of property within 300 feet and to the residences, if the property owner’s address as shown on the records of the Snohomish County assessor’s office differs from the address of the property; 4.Other methods as deemed necessary and appropriate by the responsible official or required by ordinance or statute. C.Public Hearing. Whenever a public hearing is held notice shall be given. Such notice shall precede the hearing by at least 10 days. D.Type of Notice. Under subsection C of this section notice will be given as follows: 1.Posting of or near the property for site specific proposals; 2.Mailing to property owners within 300 feet for site specific proposals; 3.Posting in accordance with ECC 1.03.010; Packet Page 241 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 13 of 22 4.1. Other methods as deemed necessary and appropriate by the responsible official; provided that a public hearing on a non-project proposal must be preceded by written, published notice in accordance with WAC 197-11-502(6)(b) at least 10 days prior to the hearing. [Ord. 2950 § 2, 1993]. 20.15A.180 Designation of official to perform consulted agency responsibilities. A. The responsible official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping and reviewing of a draft EIS. B. The responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. 20.15A.190 Using existing environmental documents – Adoption by reference. This part contains rules for using and supplementing existing environmental documents prepared under SEPA or national Environmental Policy Act (NEPA) for the City’s own environmental compliance. The city adopts the following sections of Chapter 197-1l WAC, as now existing or hereinafter amended, by reference: 197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption. 197-11-172 Planned actions – Project review. 197-11-600 When to use existing environmental documents. 197-11-610 Use of NEPA documents. 197-11-620 Supplemental environmental impact statements. 197-11-625 Addenda – Procedures. 197-11-630 Adoption – Procedures. 197-11-635 Incorporation by reference – Procedures. 197-11-640 Combining documents. 20.15A.195 Planned Actions Definition and criteria for planned actions within the City are included in ECDC 20.04.003.B. 20.15A.200 SEPA decisions – Adoption by reference. This part contains rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: Packet Page 242 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 14 of 22 197-11-650 Purpose of this part. 197-11-655 Implementation. 197-11-660 Substantive authority and mitigation. 197-11-680 Appeals. 197-11-700 Definitions. 20.15A.210 SEPA decisions – Nonexempt proposals. For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the city staff’s recommendation to any appropriate advisory body such as the planning commissionboard. If a final EIS is or becomes available, it shall be substituted for the draft. 20.15A.220 SEPA decisions – Substantive authority. A. The city may attach conditions to a permit or approval for a proposal so long as: 1. Such conditions are necessary to mitigate specific probable adverse environmental impacts clearly identified in an environmental documents prepared pursuant to this chapter; and 2. Such conditions are in writing; and 3. Such The mitigation measures included in such conditions are reasonable and capable of being accomplished; and 4. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and 5. Such conditions are based on one or more policies in subsection C of this section or ECDC 20.15A.230 and cited in the permit, approval, license or other decision document. B. The city may deny a permit or approval for a proposal on the basis of SEPA so long as: 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and 2. A finding is made that there are no reasonable mitigation measures sufficient to mitigate the identified impact; and 3. The denial is based on one or more policies identified in subsection C of this section or in ECDC 20.15A.230 and identified in writing in the decision document. C. The City designates and adopts by reference the following policies as the basis for the City’s exercise of authority pursuant to this section: Packet Page 243 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 15 of 22 1. The City shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings; c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; d. Preserve important historic, cultural, and natural aspects of our national heritage; e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice; f. Achieve a balance between population and resource use which will permit high standards of living and wide sharing of life’s amenities; and g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. 2. The City recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. 20.15A.230 SEPA – Policies. A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city. B. The city adopts by reference the policies in the following city codes, ordinances, resolutions and plans, as now existing or hereinafter amended, as a possible basis for the exercise of substantive authority in the conditioning or denying of proposals. 1. Chapter 43.21C RCW, State Environmental Policy Act; 2. Six-Year Transportation Improvement Program; 3. Chapter 5.05 ECC, AnimalsAnimal Control; 4. ECC Title 6, Health and Sanitation; 5. ECC Title 108, Traffic; 6. ECC Title 9, Streets and Sidewalks; 7. ECDC Title 15, Comprehensive PlanLand Use Plans and Policies; 8. ECDC Title 16, Zone Districts, and Title 17, General Zoning Regulations; 9. ECDC Title 18, Public Works Requirements; Packet Page 244 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 16 of 22 10. ECDC Title 19, Building Codes; 11. ECDC Title 20, Review Criteria and Procedures; 12. ECDC Title 21, Definitions; 13. ECDC Title 22, Design Standards 14. ECDC Title 23, Natural Resources 13.The comprehensive plans of the city regarding street, sewer, sidewalk, parks, water, and trails and bikeways, of Snohomish County, and of the Metropolitan Sewer District. 15. City of Edmonds Comprehensive Plan and adopted elements. 20.15A.240 Appeals. A. Any interested person may appeal a threshold determination, adequacy of a final EIS and the conditions or denials of a requested action made by a non-elected city official pursuant to the procedures set forth in this section. No other SEPA appeal shall be allowed. B. All appeals filed pursuant to this section must be filed in writing with the director of community services within 14 calendar days of the date of the decision; appealed from.provided that when a 14 day DNS comment period is required pursuant to this chapter, appeals may be filed no later than the 21 calendars from the date of decision. C. On receipt of a timely written notice of appeal, the director of community services shall advise the hearing examiner of the pendency of the appeal and request that a date for considering the appeal be established. The decision of the hearing examiner shall be final and shall not be appealable to the city council. D. Appeals shall be governed by the procedures specified in Chapter 20.105 06 ECDC. E. All relevant evidence shall be received during the hearing of the appeal. The procedural determination by the city’s responsible official shall carry substantial weight in any appeal proceeding. F. For any appeal under this section, the city shall provide for a record that shall consist of the following: 1. Findings and conclusions; 2. Testimony under oath; and 3. A taped or written transcript. G. The city may require the applicant to provide an electronic transcript. H. The city shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. [Ord. 3112 § 7, 1996]. Packet Page 245 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 17 of 22 20.15A.250 Notice/statute of limitations. A.D. The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. B.E. The form of the notice shall be substantially in the form provided in WAC 197- 11-990. The notice shall be published by the city clerk, applicant or proponent pursuant to RCW 43.21C.080. 20.15A.260 Definitions – Adoption by reference. This part contains uniform usage and definitions of terms under SEPA. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter: 197-11-700 Definitions. 197-11-702 Act. 197-11-704 Action. 197-11-706 Addendum. 197-11-708 Adoption. 197-11-710 Affected tribe. 197-11-712 Affecting. 197-11-714 Agency. 197-11-716 Applicant. 197-11-718 Built environment. 197-11-720 Categorical exemption. 197-11-721 Closed record appeal. 197-11-722 Consolidated appeal. 197-11-724 Consulted agency. 197-11-726 Cost-benefit analysis. 197-11-728 County/city. 197-11-730 Decision maker. 197-11-732 Department. 197-11-734 Determination of nonsignificance (DNS). 197-11-736 Determination of significance (DS). 197-11-738 EIS. 197-11-740 Environment. 197-11-742 Environmental checklist. Packet Page 246 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 18 of 22 197-11-744 Environmental document. 197-11-746 Environmental review. 197-11-748 Environmentally sensitive area. 197-11-750 Expanded scoping. 197-11-752 Impacts. 197-11-754 Incorporation by reference. 197-11-756 Lands covered by water. 197-11-758 Lead agency. 197-11-760 License. 197-11-762 Local agency. 197-11-764 Major action. 197-11-766 Mitigated DNS. 197-11-768 Mitigation. 197-11-770 Natural environment. 197-11-772 NEPA. 197-11-774 Nonproject. 197-11-775 Open record hearing. 197-11-776 Phased review. 197-11-778 Preparation. 197-11-780 Private project. 197-11-782 Probable. 197-11-784 Proposal. 197-11-786 Reasonable alternative. 197-11-788 Responsible official. 197-11-790 SEPA. 197-11-792 Scope. 197-11-793 Scoping. 197-11-794 Significant. 197-11-796 State agency. 197-11-797 Threshold determination. 197-11-799 Underlying governmental action. Packet Page 247 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 19 of 22 20.15A.270 Compliance with SEPA – Adoption by reference. This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting lead agency, and applying these rules to current agency activities. The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter: 197-11-900 Purpose of this part. 197-11-902 Agency SEPA policies. 197-11-916 Application to ongoing actions. 197-11-920 Agencies with environmental expertise. 197-11-922 Lead agency rules. 197-11-924 Determining the lead agency. 197-11-926 Lead agency for governmental proposals. 197-11-928 Lead agency for public and private proposals. 197-11-930 Lead agency for private projects with one agency with jurisdiction. 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. 197-11-936 Lead agency for private projects requiring licenses from more than one state agency. 197-11-938 Lead agencies for specific proposals. 197-11-940 Transfer of lead agency status to a state agency. 197-11-942 Agreements on lead agency status. 197-11-944 Agreements on division of lead agency duties. 197-11-946 DOE resolution of lead agency disputes. 197-11-948 Assumption of lead agency status. 20.15A.280 Environmentally sensitive areas. Repealed by Ord. 3345. 20.15A.290 Fees. The city shall require the following fees for its activities in accordance with the provisions of this chapter: Packet Page 248 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 20 of 22 A. Threshold Determination. For every environmental checklist the city reviews as lead agency, the city shall collect a fee set by Chapter 15.00 ECDC from the proponent of the proposal prior to undertaking the threshold determination. This fee may be waived as provided therein. The time periods provided by this chapter from making a threshold determination shall not begin to run until fee has been paid or waived in writing by the responsible official. When the city assists the applicant or completes the environmental checklist at the applicant’s request under ECDC 20.15A.120 (EC), an additional fee equal to the estimated actual cost of providing the assistance shall be collected. B. Environmental Impact Statement. 1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation. 2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals. 3. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the EIS. If the city’s cost exceeds the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsections (B)(1) or (2) of this section which remain after incurred costs, including overhead, are paid. C. The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal. D. The city shall not collect a fee for performing its duties as a consulted agency. D.E. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Ord. 2829 § 1, 1991]. 20.15A.300 Forms – Adoption by reference. The city adopts the following forms and sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference: 197-11-960 Environmental checklist. 197-11-965 Adoption notice. 197-11-970 Determination of nonsignificance (DNS). Packet Page 249 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 21 of 22 197-11-980 Determination of significance and scoping notice (DS). 197-11-985 Notice of assumption of lead agency status. 197-11-990 Notice of action. 12.15A.310 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other persons or circumstances, shall not be affected. NEW SUBSECTION ADDED TO ECDC 20.03.002 H. SEPA Review Noticing. 1. Whenever possible, the city shall integrate the public notice required under this subsection with existing notice procedures for the City’s nonexempt permits(s) or approvals(s) required for the proposal. 2. Whenever the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the City shall give public notice as follows: a. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. b. If an environmental document is issued concurrently with the notice of application, the public notice requiremnts for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirments in WAC 197-11-510(1). c. If no public notice is otherwise required for the permit or approval, the City shall give notice of the DNS or DS by: Posting the property, for site specific proposals; Mailed to real property owners as shown by the records fo the county assessor within 300 feet of the boundary of the property, for site specific proposals; and Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general circlulation within the City). d. Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. 3. If a DNS is issued using the optional DNS process, the public notice requirments for a notice of application in RCW 36.70B.110(4) as supplemented by the requirments in WAC 197-11-355 will suffice to meet the SEPA public notice requirments in WAC 19711-510(1)(b). Packet Page 250 of 319 ECDC 20.15A Update – Hwy 99 Corridor Public Hearing Draft Page 22 of 22 4. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: a. Indicating the availability of the DEIS in any public notice required for a nonexempt license; Posting the property, for site specific proposals; c. Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and c. Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general cirulation within the City). 5. Public notice for projects that qualify as planned actions shall be tied to underlying permit, the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit, no special notice is required. 6. The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. 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72ND PL W78TH PL W 230TH ST SW 221ST PL 92ND AVE W92ND AVE W7 7 T H P L W 207TH PL SW 82ND PL W 218TH ST SW78TH AVE W 92ND AVE W 209TH ST SW 236TH ST SW 77TH PL W 223RD ST SW 213TH ST SW 78TH AVE W84TH PL W85TH PL W78TH AVE W 74TH AVE W78TH AVE W 79TH AVE W 217TH S T SW230TH ST SWPIONEER WY 78TH PL W81ST AVE W232ND PL SW 229TH ST SW 82ND AVE W88TH AVE W207TH PL 86TH AVE W 225TH PL 87TH AVE W242ND ST SW 230TH ST SW 74TH AVE W91ST AVE W2 2 7TH PL SW 90TH PL W 208TH ST SW 86TH AVE W86TH PL W 89TH PL W76TH PL W217TH ST SW 233RD PL 82ND PL W228TH ST SW 232ND ST SW82ND PL W214TH PL SW 222ND ST SW 229TH PL SW 80TH PL W 225TH PL SW83RD AVE W89TH AVE W 79TH AVE W 215TH ST SW 91ST AVE W 86TH PL W 86TH PL W218TH ST SW 229TH PL 81ST PL W227TH ST SW 81ST PL W90TH AVE W 228TH ST SW 92ND AVE W86TH AVE W86TH PL W215TH PL SW 78TH AVE W 82ND AVE W226TH ST SW 77TH PL W239T H P L S W 229TH ST SW 79TH AVE W 83RD PL77TH AVE 86TH AVE W 214TH PL SW 90TH AVE W80TH AVE W82ND AVE W2 2 1 S T S T S W 83RD PL225TH PL SW 77TH AVE W216TH ST SW 84TH AVE W72ND AVE W81ST AVE W86TH AVE W221ST PL SW 216TH ST SW 224TH ST SW 73RD PL W83RD AVE W63RD AVE W208TH ST SW 210TH ST SW 212TH ST SW66TH AVE W67TH AVE WN W T R A C T IO N R /W 214TH ST SW 213TH PL SW 215TH ST SW67TH AVE W66TH AVE W216TH ST SW 218TH ST SW 219TH ST SW66TH AVE W64TH AVE W220TH ST SW 68TH PL W68TH AVE W222ND ST SW 224TH ST SW 224TH ST SW 220TH PL 221ST PL 221ST PL SW 223RD PL 223RD PL SW67TH PL W68TH AVE W66TH AVE W65TH AVE W64TH AVE W67TH PL W66TH PL W226TH ST SW 225TH PL 225TH PL SW 225TH PL SW 226TH ST SW 227TH PL SW67TH PL W63RD PL W62ND AVE W62ND AVE W 2 2 7 T H ST SW 68TH AVE W67TH PL W66TH PL65TH PL64TH PL W228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 230TH ST SW 231ST ST SW 63RD AVE W63RD PL66TH AVE W67TH PL W66TH AVE W67TH PL W232ND ST SW 232ND PL SW 233 PL 23 4 TH P L 233RD ST SW 234TH ST SW 234TH ST 64TH AVE W63RD AVE W63RD AVE W66TH AVE W234TH PL 2 3 4 T H P L 235TH PL 65TH PL W67TH AVE W2 3 4 T H S T S W235TH ST SW 92ND AVE W91ST AVE WN W T R A C T IO N R /W78TH PL W236TH ST SW Albion W a y 85th Ave W76TH AVE W220TH ST SW E D M O N D S W A Y 212TH ST SW 244TH ST SW/LAKE BALLINGER WAY 238TH ST SW 224TH ST SW 240TH ST SW B O W D O IN W A Y 75TH AVE W90TH AVE W242ND ST SW N. 205TH ST 234TH ST SW NW TRACTION R/W210TH ST SW 231ST ST SW 222ND ST SW 233rd St SW 78TH AVE W77TH PL WMAPLE LANE 82ND AVE WHOLLY LANE 83RD AVE WMADRONA LANE PIONEER WAY INTERSTATE 588TH PL W80TH PL W74TH PL W85TH AVE W2 3 8 T H P L S W82ND PL W213TH PL SW 92ND PL W75TH PL W87TH AVE W208TH PL SW SH E L L V A L L E Y R O A D 215TH ST SW 73RD PL W79TH PL W207TH ST SW 209TH PL SW 87TH PL WHILLCREST PL 229TH ST SW PARK ROAD SHELL PL 7 7 TH AVE W85TH AVE W221ST PL SW 235th ST SW 224th PL SW BOAT LAUNCHWOODLAKE DR 220TH PL SW MAIN ST PARK RDMAI N STSHELL VALLEY WY83R D A V E W 82ND AVE W211TH PL80TH AVE W82ND AVE W81ST AVE W76TH AVE W77TH AVE W208TH ST SW 72ND AVE WHWY 9968TH AVE W212TH ST SW HWY 99N W T R A C T IO N R /W 216TH ST SW 233RD PL SW 76TH PL W80TH WY 2 0 9 T H S T S W 210TH PL SW 206TH PL 91ST AVE W219TH ST SW 68TH AVE W70TH AVE WHWY 99220TH ST SW 226TH ST SW 2 2 7 T H P L LAKE VIEW DRIVE74TH AVE W72ND AVE W229TH ST SW 230TH ST SW 229TH PL SW75TH AVE W74TH AVE W236T H S T SWM C A L E E R W A Y 237TH ST SW74TH AVE W74TH AVE WBEESON PL240TH PL SW 225TH ST86TH PL W80TH PL W9 0 T H P L W 70TH AVE W 215TH ST SW 226TH PL 89TH AVE W76TH AVE W80TH LN238TH ST SW HWY 9976TH AVE WHWY 9981ST PL WHWY 9980TH AVE W226TH ST SW 225TH PL SW 76TH AVE W224TH ST SW 223RD ST SW82ND PL W218TH ST SW 80TH AVE W76TH AVE W88TH PL W77TH PL W78TH AVE W 80TH PL241ST ST SWSUMMIT LN86TH PL W87T H PL W88TH AVE W88TH PL W220TH ST SW 84TH AVE W88TH AVE W90TH AVE W85TH AVE224TH ST SW 87TH PL W87TH AVE W224TH ST SW 86TH AVE W228TH ST SW 88TH AVE W90TH AVE W232N D S T S W 231ST PL SW E D MONDS WA Y84TH AVE W240TH ST SW 89TH PL W89TH PL W90TH AVE W87TH PL W78TH P L W78TH PL W 85TH PL W81ST PL W87TH AVE W77TH AVE W 84TH AVE W236TH ST SW 219TH ST SW 90TH PL W78TH PL W 80TH PL W242ND PL SW 244TH ST SW/205TH ST NW92ND AVE W242ND ST SW 92ND AVE W 211TH PL 72ND PL W78TH PL W 230TH ST SW 221ST PL 228TH ST SW 92ND AVE W92ND AVE W7 7 T H P L W 207TH PL SW 82ND PL W 218TH ST SW78TH AVE W 92ND AVE W92ND PL W 209TH ST SW 236TH ST SW 77TH PL W 223RD ST SW 213TH ST SW 78TH AVE W84TH PL W85TH PL W78TH AVE W 74TH AVE W78TH AVE W 79TH AVE W 217TH S T SW230TH ST SWPIONEER WY 78TH PL W81ST AVE W232ND PL SW 229TH ST SW 82ND AVE W88TH AVE W207TH PL 86TH AVE W 225TH PL 87TH AVE W242ND ST SW 230TH ST SW 74TH AVE W91ST AVE W2 2 7TH PL SW 90TH PL W 208TH ST SW 86TH AVE W86TH PL W 89TH PL W76TH PL W217TH ST SW 233RD PL 82ND PL W228TH ST SW 232ND ST SW82ND PL W214TH PL SW 222ND ST SW 229TH PL SW 80TH PL W 225TH PL SW83RD AVE W89TH AVE W 79TH AVE W 215TH ST SW 91ST AVE W 86TH PL W 86TH PL W218TH ST SW 229TH PL 81ST PL W227TH ST SW 81ST PL W90TH AVE W 228TH ST SW 92ND AVE W86TH AVE W86TH PL W215TH PL SW 78TH AVE W 82ND AVE W226TH ST SW 77TH PL W239T H P L S W 229TH ST SW 79TH AVE W 83RD PL77TH AVE 86TH AVE W 214TH PL SW 90TH AVE W80TH AVE W82ND AVE W2 2 1 S T S T S W 83RD PL225TH PL SW 77TH AVE W216TH ST SW 84TH AVE W72ND AVE W81ST AVE W86TH AVE W221ST PL SW 216TH ST SW 224TH ST SW 73RD PL W83RD AVE W63RD AVE W208TH ST SW 210TH ST SW 212TH ST SW66TH AVE W67TH AVE WN W T R A C T IO N R /W 214TH ST SW 213TH PL SW 215TH ST SW67TH AVE W66TH AVE W216TH ST SW 218TH ST SW 219TH ST SW66TH AVE W64TH AVE W220TH ST SW 68TH PL W68TH AVE W222ND ST SW 224TH ST SW 224TH ST SW 220TH PL 221ST PL 221ST PL SW 223RD PL 223RD PL SW67TH PL W68TH AVE W66TH AVE W65TH AVE W64TH AVE W67TH PL W66TH PL W226TH ST SW 225TH PL 225TH PL SW 225TH PL SW 226TH ST SW 227TH PL SW67TH PL W63RD PL W62ND AVE W62ND AVE W 2 2 7 T H ST SW 68TH AVE W67TH PL W66TH PL65TH PL64TH PL W228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 230TH ST SW 231ST ST SW 63RD AVE W63RD PL66TH AVE W67TH PL W66TH AVE W67TH PL W232ND ST SW 232ND PL SW 233 PL 23 4 TH P L 233RD ST SW 234TH ST SW 234TH ST 64TH AVE W63RD AVE W63RD AVE W66TH AVE W234TH PL 2 3 4 T H P L 235TH PL 65TH PL W67TH AVE W2 3 4 T H S T S W235TH ST SW 92ND AVE W91ST AVE WN W T R A C T IO N R /W78TH PL W236TH ST SW Albion W a y 85th Ave WLake Ballinger 1,000 0 1,000 2,000500Feet Highway 99 Corridor Legend Highway 99 Corridor Plan Overlays Activity Center Corridor Development School High Rise Overlay Highway 99 CorridorHighway 99 CorridorPacket Page 252 of 319 76TH AVE W220TH ST SW E D M O N D S W A Y 212TH ST SW 244TH ST SW/LAKE BALLINGER WAY 238TH ST SW 224TH ST SW 240TH ST SW B O W D O IN W A Y 75TH AVE W90TH AVE W242ND ST SW N. 205TH ST 234TH ST SW NW TRACTION R/W210TH ST SW 231ST ST SW 222ND ST SW 233rd St SW 78TH AVE W77TH PL WMAPLE LANE 82ND AVE WHOLLY LANE 83RD AVE WMADRONA LANE PIONEER WAY INTERSTATE 588TH PL W80TH PL W74TH PL W85TH AVE W2 3 8 T H P L S W82ND PL W213TH PL SW 75TH PL W87TH AVE W208TH PL SW SH E L L V A L L E Y R O A D 215TH ST SW 73RD PL W79TH PL W207TH ST SW 209TH PL SW 87TH PL WHILLCREST PL 229TH ST SW PARK ROAD SHELL PL 7 7 TH AVE W85TH AVE W221ST PL SW 235th ST SW 224th PL SW BOAT LAUNCHWOODLAKE DR 220TH PL SW MAIN ST PARK RDMAI N STSHELL VALLEY WY83R D A V E W 82ND AVE W211TH PL80TH AVE W82ND AVE W81ST AVE W76TH AVE W77TH AVE W208TH ST SW 72ND AVE WHWY 9968TH AVE W212TH ST SW HWY 99N W T R A C T IO N R /W 216TH ST SW 233RD PL SW 76TH PL W80TH WY 2 0 9 T H S T S W 210TH PL SW 91ST AVE W219TH ST SW 68TH AVE W70TH AVE WHWY 99220TH ST SW 226TH ST SW 2 2 7 T H P L LAKE VIEW DRIVE74TH AVE W72ND AVE W229TH ST SW 230TH ST SW 229TH PL SW75TH AVE W74TH AVE W236T H S T SWM C A L E E R W A Y 237TH ST SW74TH AVE W74TH AVE WBEESON PL240TH PL SW 225TH ST86TH PL W80TH PL W9 0 T H P L W 70TH AVE W 215TH ST SW 226TH PL 89TH AVE W76TH AVE W80TH LN238TH ST SW HWY 9976TH AVE WHWY 9981ST PL WHWY 9980TH AVE W226TH ST SW 225TH PL SW 76TH AVE W224TH ST SW 223RD ST SW82ND PL W218TH ST SW 80TH AVE W76TH AVE W88TH PL W77TH PL W78TH AVE W 80TH PL241ST ST SWSUMMIT LN86TH PL W87T H PL W88TH AVE W88TH PL W220TH ST SW 84TH AVE W88TH AVE W90TH AVE W85TH AVE224TH ST SW 87TH PL W87TH AVE W224TH ST SW 86TH AVE W228TH ST SW 88TH AVE W90TH AVE W232N D S T S W 231ST PL SW E D MONDS WA Y84TH AVE W240TH ST SW 89TH PL W89TH PL W90TH AVE W87TH PL W78TH P L W78TH PL W 85TH PL W81ST PL W87TH AVE W77TH AVE W 84TH AVE W236TH ST SW 219TH ST SW 90TH PL W78TH PL W 80TH PL W242ND PL SW 244TH ST SW/205TH ST NW92ND AVE W242ND ST SW 92ND AVE W 211TH PL 72ND PL W78TH PL W 230TH ST SW 221ST PL 228TH ST SW 92ND AVE W92ND AVE W7 7 T H P L W 207TH PL SW 82ND PL W 218TH ST SW78TH AVE W 92ND AVE W 209TH ST SW 236TH ST SW 77TH PL W 223RD ST SW 213TH ST SW 78TH AVE W84TH PL W85TH PL W78TH AVE W 74TH AVE W78TH AVE W 79TH AVE W 217TH S T SW230TH ST SWPIONEER WY 78TH PL W81ST AVE W232ND PL SW 229TH ST SW 82ND AVE W88TH AVE W207TH PL 86TH AVE W 225TH PL 87TH AVE W242ND ST SW 230TH ST SW 74TH AVE W91ST AVE W2 2 7TH PL SW 90TH PL W 208TH ST SW 86TH AVE W86TH PL W 89TH PL W76TH PL W217TH ST SW 233RD PL 82ND PL W228TH ST SW 232ND ST SW82ND PL W214TH PL SW 222ND ST SW 229TH PL SW 80TH PL W 225TH PL SW83RD AVE W89TH AVE W 79TH AVE W 215TH ST SW 91ST AVE W 86TH PL W 86TH PL W218TH ST SW 229TH PL 81ST PL W227TH ST SW 81ST PL W90TH AVE W 228TH ST SW 92ND AVE W86TH AVE W86TH PL W215TH PL SW 78TH AVE W 82ND AVE W226TH ST SW 77TH PL W239T H P L S W 229TH ST SW 79TH AVE W 83RD PL77TH AVE 86TH AVE W 214TH PL SW 90TH AVE W80TH AVE W82ND AVE W2 2 1 S T S T S W 83RD PL225TH PL SW 77TH AVE W216TH ST SW 84TH AVE W72ND AVE W81ST AVE W86TH AVE W221ST PL SW 216TH ST SW 224TH ST SW 73RD PL W83RD AVE W63RD AVE W208TH ST SW 210TH ST SW 212TH ST SW66TH AVE W67TH AVE WN W T R A C T IO N R /W 214TH ST SW 213TH PL SW 215TH ST SW67TH AVE W66TH AVE W216TH ST SW 218TH ST SW 219TH ST SW66TH AVE W64TH AVE W220TH ST SW 68TH PL W68TH AVE W222ND ST SW 224TH ST SW 224TH ST SW 220TH PL 221ST PL 221ST PL SW 223RD PL 223RD PL SW67TH PL W68TH AVE W66TH AVE W65TH AVE W64TH AVE W67TH PL W66TH PL W226TH ST SW 225TH PL 225TH PL SW 225TH PL SW 226TH ST SW 227TH PL SW67TH PL W63RD PL W62ND AVE W62ND AVE W 2 2 7 T H ST SW 68TH AVE W67TH PL W66TH PL65TH PL64TH PL W228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 230TH ST SW 231ST ST SW 63RD AVE W63RD PL66TH AVE W67TH PL W66TH AVE W67TH PL W232ND ST SW 232ND PL SW 233 PL 23 4 TH P L 233RD ST SW 234TH ST SW 234TH ST 64TH AVE W63RD AVE W63RD AVE W66TH AVE W234TH PL 2 3 4 T H P L 235TH PL 65TH PL W67TH AVE W2 3 4 T H S T S W235TH ST SW 92ND AVE W91ST AVE WN W T R A C T IO N R /W78TH PL W236TH ST SW Albion W a y 85th Ave W76TH AVE W220TH ST SW E D M O N D S W A Y 212TH ST SW 244TH ST SW/LAKE BALLINGER WAY 238TH ST SW 224TH ST SW 240TH ST SW B O W D O IN W A Y 75TH AVE W90TH AVE W242ND ST SW N. 205TH ST 234TH ST SW NW TRACTION R/W210TH ST SW 231ST ST SW 222ND ST SW 233rd St SW 78TH AVE W77TH PL WMAPLE LANE 82ND AVE WHOLLY LANE 217TH ST SW 83RD AVE WMADRONA LANE PIONEER WAY INTERSTATE 588TH PL W80TH PL W74TH PL W85TH AVE W2 3 8 T H P L S W82ND PL W213TH PL SW 92ND PL W75TH PL W87TH AVE W93RD AVE W207TH PL SW 208TH PL SW SH E L L V A L L E Y R O A D 215TH ST SW 73RD PL W79TH PL W207TH ST SW 209TH PL SW 87TH PL WHILLCREST PL 229TH ST SW PARK ROAD SHELL PL 7 7 TH AVE W85TH AVE W221ST PL SW 235th ST SW 224th PL SW BOAT LAUNCHWOODLAKE DR 220TH PL SWSKYLINE DR MAIN ST PARK RDMAI N STSHELL VALLEY WY83R D A V E W 82ND AVE W211TH PL80TH AVE W82ND AVE W81ST AVE W76TH AVE W77TH AVE W208TH ST SW 72ND AVE WHWY 9968TH AVE W212TH ST SW HWY 99N W T R A C T IO N R /W 216TH ST SW 233RD PL SW 76TH PL W80TH WY 2 0 9 T H S T S W 210TH PL SW 206TH PL 91ST AVE W219TH ST SW 68TH AVE W70TH AVE WHWY 99220TH ST SW 226TH ST SW 2 2 7 T H P L LAKE VIEW DRIVE74TH AVE W72ND AVE W229TH ST SW 230TH ST SW 229TH PL SW75TH AVE W74TH AVE W236T H S T SWM C A L E E R W A Y 237TH ST SW74TH AVE W74TH AVE WBEESON PL240TH PL SW 225TH ST86TH PL W80TH PL W9 0 T H P L W 70TH AVE W 215TH ST SW 226TH PL 89TH AVE W76TH AVE W80TH LN238TH ST SW HWY 9976TH AVE WHWY 9981ST PL WHWY 9980TH AVE W226TH ST SW 225TH PL SW 76TH AVE W224TH ST SW 223RD ST SW82ND PL W218TH ST SW 80TH AVE W76TH AVE W88TH PL W77TH PL W 78TH AVE W 80TH PL241ST ST SWSUMMIT LN86TH PL W87T H PL W88TH AVE W88TH PL W220TH ST SW 84TH AVE W88TH AVE W90TH AVE W85TH AVE224TH ST SW 87TH PL W87TH AVE W224TH ST SW 86TH AVE W228TH ST SW 88TH AVE W90TH AVE W232N D S T S W 231ST PL SW E D MONDS WA Y84TH AVE W240TH ST SW 89TH PL W89TH PL W90TH AVE W87TH PL W78TH P L W78TH PL W 85TH PL W81ST PL W87TH AVE W77TH AVE W 84TH AVE W236TH ST SW 219TH ST SW 90TH PL W78TH PL W 80TH PL W242ND PL SW 244TH ST SW/205TH ST NW92ND AVE W242ND ST SW 92ND AVE W 211TH PL 72ND PL W78TH PL W 230TH ST SW 221ST PL 228TH ST SW 92ND AVE W93RD AVE92ND AVE W7 7 T H P L W 207TH PL SW 82ND PL W 218TH ST SW78TH AVE W 92ND AVE W92ND PL W 209TH ST SW 236TH ST SW 77TH PL W 223RD ST SW 213TH ST SW 78TH AVE W84TH PL W85TH PL W78TH AVE W 74TH AVE W78TH AVE W 79TH AVE W 217TH S T SW230TH ST SWPIONEER WY 78TH PL W81ST AVE W232ND PL SW 229TH ST SW 82ND AVE W88TH AVE W207TH PL 86TH AVE W 225TH PL 87TH AVE W242ND ST SW 230TH ST SW 74TH AVE W91ST AVE W2 2 7TH PL SW 90TH PL W 208TH ST SW 86TH AVE W86TH PL W 89TH PL W76TH PL W217TH ST SW 233RD PL 82ND PL W228TH ST SW 232ND ST SW82ND PL W214TH PL SW 222ND ST SW 229TH PL SW 80TH PL W 225TH PL SW83RD AVE W89TH AVE W 79TH AVE W 215TH ST SW 91ST AVE W 86TH PL W 86TH PL W218TH ST SW 229TH PL 81ST PL W227TH ST SW 81ST PL W90TH AVE W 228TH ST SW 92ND AVE W86TH AVE W86TH PL W215TH PL SW 78TH AVE W 82ND AVE W226TH ST SW 77TH PL W239T H P L S W 229TH ST SW 79TH AVE W 83RD PL77TH AVE 86TH AVE W 214TH PL SW 90TH AVE W80TH AVE W82ND AVE W2 2 1 S T S T S W 83RD PL225TH PL SW 77TH AVE W216TH ST SW 84TH AVE W72ND AVE W81ST AVE W86TH AVE W221ST PL SW 216TH ST SW 224TH ST SW 73RD PL W83RD AVE WHWY 9963RD AVE W60TH AVE W 208TH ST SW 210TH ST SW 212TH ST SW66TH AVE W67TH AVE WN W T R A C T IO N R /W 214TH ST SW 213TH PL SW 215TH ST SW67TH AVE W66TH AVE W216TH ST SW 218TH ST SW 219TH ST SW66TH AVE W64TH AVE W220TH ST SW 68TH PL W68TH AVE W222ND ST SW 224TH ST SW 224TH ST SW 220TH PL 221ST PL 221ST PL SW 223RD PL 223RD PL SW67TH PL W68TH AVE W66TH AVE W65TH AVE W64TH AVE W67TH PL W66TH PL W226TH ST SW 225TH PL 225TH PL SW 225TH PL SW 226TH ST SW 227TH PL SW67TH PL W63RD PL W62ND AVE W62ND AVE W 2 2 7 T H ST SW 68TH AVE W67TH PL W66TH PL65TH PL64TH PL W228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 230TH ST SW 231ST ST SW 63RD AVE W63RD PL66TH AVE W67TH PL W66TH AVE W67TH PL W232ND ST SW 232ND PL SW 233 PL 23 4 TH P L 233RD ST SW 234TH ST SW 234TH ST 64TH AVE W63RD AVE W63RD AVE W66TH AVE W234TH PL 2 3 4 T H P L 235TH PL 65TH PL W67TH AVE W2 3 4 T H S T S W235TH ST SW 92ND AVE W91ST AVE WN W T R A C T IO N R /W78TH PL W236TH ST SW Albion W a y 85th Ave WLake Ballinger 1,000 0 1,000 2,000500Feet Highway 99 Corridorwith Comprehensive Plan Designations Legend Highway 99 Corridor Plan Overlays Activity Center Corridor Development School High Rise Overlay Public Mixed Use Commercial Medical Single Family Urban1Highway 99 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PL W 225TH PL SW83RD AVE W89TH AVE W 79TH AVE W 215TH ST SW 91ST AVE W 86TH PL W 86TH PL W218TH ST SW 229TH PL 81ST PL W227TH ST SW 81ST PL W90TH AVE W 228TH ST SW 92ND AVE W86TH AVE W86TH PL W215TH PL SW 78TH AVE W 82ND AVE W226TH ST SW 77TH PL W239T H P L S W 229TH ST SW 79TH AVE W 83RD PL77TH AVE 86TH AVE W 214TH PL SW 90TH AVE W80TH AVE W82ND AVE W2 2 1 S T S T S W 83RD PL225TH PL SW 77TH AVE W216TH ST SW 84TH AVE W72ND AVE W81ST AVE W86TH AVE W221ST PL SW 216TH ST SW 224TH ST SW 73RD PL W83RD AVE W63RD AVE W208TH ST SW 210TH ST SW 212TH ST SW66TH AVE W67TH AVE WN W T R A C T IO N R /W 214TH ST SW 213TH PL SW 215TH ST SW67TH AVE W66TH AVE W216TH ST SW 218TH ST SW 219TH ST SW66TH AVE W64TH AVE W220TH ST SW 68TH PL W68TH AVE W222ND ST SW 224TH ST SW 224TH ST SW 220TH PL 221ST PL 221ST PL SW 223RD PL 223RD PL SW67TH PL W68TH AVE W66TH AVE W65TH AVE W64TH AVE W67TH PL W66TH PL W226TH ST SW 225TH PL 225TH PL SW 225TH PL SW 226TH ST SW 227TH PL SW67TH PL W63RD PL W62ND AVE W62ND AVE W 2 2 7 T H ST SW 68TH AVE W67TH PL W66TH PL65TH PL64TH PL W228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 230TH ST SW 231ST ST SW 63RD AVE W63RD PL66TH AVE W67TH PL W66TH AVE W67TH PL W232ND ST SW 232ND PL SW 233 PL 23 4 TH P L 233RD ST SW 234TH ST SW 234TH ST 64TH AVE W63RD AVE W63RD AVE W66TH AVE W234TH PL 2 3 4 T H P L 235TH PL 65TH PL W67TH AVE W2 3 4 T H S T S W235TH ST SW 92ND AVE W91ST AVE WN W T R A C T IO N R /W78TH PL W236TH ST SW Albion W a y 85th Ave WLake Ballinger 1,000 0 1,000 2,000500Feet Highway 99 Corridorwith Zoning Legend Highway 99 Corridor Plan Overlays Activity Center Corridor Development School High Rise Overlay P BN MU RS-8 RM-2.4 CG2 CG RM-1.5 BC RS-8 CG RSW-12 Packet Page 254 of 319 Page 1 of 3 Highway 99 Corridor Case Study 12,000 Square Foot Commercial & 20 Residential Unit Mixed-Use Development 23320 Highway 99 Introduction This case study is for a mixed use development on the property located at 23320 Highway 99 consisting of 12,000 square feet of commercial area on the first floor with 20 residential units located above the commercial development. The property is located in the southern portion of the Highway 99 Corridor just north of 234th Street SW (Attachment 1). The subject site is consists of two contiguous parcels totaling 2.29 acres and is zoned General Commercial – CG. Assuming the SEPA threshold for commercial development within the Highway 99 Corridor has been increased to 12,000 square feet for new development, the residential unit threshold has been increased to 20 units, and the parking threshold has been increased to 40 spaces, this case study will outline the process for reviewing a generic commercial development and the City of Edmonds codes that would apply to this development. Development Review Any use that is permitted or requires a conditional use permit in any other zone in the City of Edmonds is permitted within the General Commercial zones of the Highway 99 Corridor with a couple of exceptions. Generally, residential development is not permitted within the ground floor and aircraft landings require a conditional use permit. As such, a mixed-use development with 12,000 square feet of commercial area and 20 residential units would be reviewed by staff and no public hearings would be required. Additionally, because the project is located within the Highway 99 Corridor, design review for the proposal would be a District Based Design review, conducted by staff as a Type I decision. The City will review the proposal for consistency with the applicable development regulations and Comprehensive Plan. Pursuant to ECDC 20.04.001, during review of the application, the City will determine whether the development regulations applicable to the proposed project, or in the absence of applicable development regulations, the City’s Comprehensive Plan, address the following: 1. The type of land use permitted at the site, including uses that may be allowed if the criteria for their approval have been satisfied; 2. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density; 3. Availability and adequacy of infrastructure and public facilities identified in the Comprehensive Plan; and 4. Whether the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW. Project review by the director and appropriate city staff will identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable significant adverse environmental impacts. Packet Page 255 of 319 Page 2 of 3 Below is a list of City of Edmonds development regulations that may apply to a mixed-use development at this location which staff will review the proposal for consistency with:  ECDC 16.60 CG – General Commercial: CG and CG2 Zones  ECDC 17.10 Bonds  ECDC 17.50 Off-Street Parking  ECDC 18.05 Utility Wires  ECDC 18.10 Sewers  ECDC 18.30 Stormwater Management  ECDC 18.40 Grading and Retaining Walls  ECDC 18.80 Streets and Driveways  ECDC 18.82 Traffic Impact Fees  ECDC 18.85 Street Trees  ECDC 18.90 Sidewalks  ECDC 18.95 Parking Lot Construction  ECDC 19.00 Building Code  ECDC 19.05 Residential Building Code  ECDC 19.15 Mechanical Code and Fuel Gas Code  ECDC 19.20 Plumbing Code  ECDC 19.25 Fire Code  ECDC 19.30 Energy Code  ECDC 19.35 Ventilation Code  ECDC 19.45 Housing Code  ECDC 19.55 Electrical Code  ECDC 20.12 District Based Design Review  ECDC 20.13 Landscaping Requirements  ECDC 20.15A Environmental Review (SEPA)  ECDC 20.60 Sign Code  ECDC 23.40 – ECDC 23.90 Critical Area Regulations While this mixed-use proposal meets the exemption thresholds for new development (12,000 square feet) and residential units (20 units), SEPA review is required if any of the SEPA thresholds are exceeded. Assuming the 20 residential units are two-bedroom units, ECDC 17.50 requires 1.8 parking spaces per two-bedroom unit, which would require 36 parking spaces (20 units * 1.8 parking spaces) for the residential units. Assuming the commercial space is office space with on-site customer service, ECDC 17.50 requires one parking space per 400 square feet, which would require 30 parking spaces (12,000 sq. ft. / 400 sq. ft.) for the commercial portion of the development. All total, the off-street parking regulations in ECDC 17.50 would require this mixed-use development to provide at least 66 parking spaces which exceeds the 40-stall parking lot exemption threshold and thus SEPA review would be required for this development. Packet Page 256 of 319 Page 3 of 3 Process and Public Participation A development proposal such as this would likely go through the preapplication conference process offered by the City of Edmonds. At the preapplication meeting, the applicants would be provided the following: 1. A form which lists the requirements for a complete application; 2. A general summary of the procedures to be used to process the application; 3. The references to the relevant code provisions or development standards which may apply to approval of the application; and 4. The City’s design guidelines. When a complete application for the proposal is submitted to the City of Edmonds, the application will be routed to the departments and divisions responsible for permit review and the proposal is reviewed for consistency with the City’s development regulations and Comprehensive Plan as described above. SEPA review would be conducted with the underlying development permit application. In addition to the land use consistency review described above, under SEPA review, the City will review the proposed development application for consistency with RCW 43.21C (SEPA), the SEPA rules in WAC 197-11, and the City’s SEPA regulations in ECDC 20.15A and will: 1. Determine whether applicable regulations require studies to adequately analyze all of the proposed project’s specific probable adverse environmental impacts; 2. Determine whether applicable regulations require mitigation measures to adequately address identified environmental impacts; and 3. Provide prompt and coordinated review by other government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level. If the City bases or conditions the approval of the development application on compliance with the requirements or mitigation measures based on the City’s development regulations, the City cannot impose additional mitigation under SEPA for the same adverse environmental impacts. It is only when existing local, state, or federal regulations do not provide adequate mitigation that additional conditions under SEPA may be applied. SEPA threshold determinations (Determination of Nonsignificance, Mitigated Determination of Nonsignificance, or Determination of Significance) are Type II decisions, as such; notice of the SEPA threshold determination for the proposal would be published in the Everett Herald, posted on the site, and mailed to property owners within 300 feet of the subject property. Refer to Attachment 2 to see what property owners would be notified of this proposal by mail. SEPA also requires that threshold determinations also be mailed to other agencies with jurisdiction over the proposal and posted on the SEPA register at the Department of Ecology. SEPA provides for a fourteen day public comment period on the threshold determination regarding potential environmental impacts of the proposal. There would also be an opportunity to appeal the threshold determination, which would be heard by the City’s Hearing Examiner. The design review decision on the mixed-use development proposal is considered a Type I decision which would be appealable to Superior Court. Packet Page 257 of 319 76TH AVE W220TH ST SW E D M O N D S W A Y 212TH ST SW 244TH ST SW/LAKE BALLINGER WAY 238TH ST SW 224TH ST SW 240TH ST SW B O W D O IN W A Y 75TH AVE W90TH AVE W242ND ST SW N. 205TH ST 234TH ST SW NW TRACTION R/W210TH ST SW 231ST ST SW 222ND ST SW 233rd St SW 78TH AVE W77TH PL WMAPLE LANE 82ND AVE WHOLLY LANE 83RD AVE WMADRONA LANE PIONEER WAY INTERSTATE 588TH PL W80TH PL W74TH PL W85TH AVE W2 3 8 T H P L S W82ND PL W213TH PL SW 75TH PL W87TH AVE W208TH PL SW SH E L L V A L L E Y R O A D 215TH ST SW 73RD PL W79TH PL W209TH PL SW 87TH PL WHILLCREST PL 229TH ST SW PARK ROAD SHELL PL 7 7 TH AVE W85TH AVE W221ST PL SW 235th ST SW 224th PL SW BOAT LAUNCHWOODLAKE DR 220TH PL SW MAIN ST PARK RDMAI N STSHELL VALLEY WY83R D A V E W 82ND AVE W211TH PL80TH AVE W76TH AVE W77TH AVE W208TH ST SW 72ND AVE WHWY 9968TH AVE W212TH ST SW HWY 99N W T R A C T IO N R /W 216TH ST SW 233RD PL SW 76TH PL W80TH WY 2 0 9 T H S T S W 210TH PL SW 91ST AVE W219TH ST SW 68TH AVE W70TH AVE WHWY 99220TH ST SW 226TH ST SW 2 2 7 T H P L LAKE VIEW DRIVE74TH AVE W72ND AVE W229TH ST SW 230TH ST SW 229TH PL SW75TH AVE W74TH AVE W236T H S T SWM C A L E E R W A Y 237TH ST SW74TH AVE W74TH AVE WBEESON PL240TH PL SW 225TH ST86TH PL W80TH PL W9 0 T H P L W 70TH AVE W 215TH ST SW 226TH PL 89TH AVE W76TH AVE W80TH LN238TH ST SW HWY 9976TH AVE WHWY 9981ST PL WHWY 9980TH AVE W226TH ST SW 225TH PL SW 76TH AVE W224TH ST SW 223RD ST SW82ND PL W218TH ST SW 80TH AVE W76TH AVE W88TH PL W77TH PL W78TH AVE W 80TH PL241ST ST SWSUMMIT LN86TH PL W87T H PL W88TH AVE W88TH PL W220TH ST SW 84TH AVE W88TH AVE W90TH AVE W85TH AVE224TH ST SW 87TH PL W87TH AVE W224TH ST SW 86TH AVE W228TH ST SW 88TH AVE W90TH AVE W232N D S T S W 231ST PL SW E D MONDS WA Y84TH AVE W240TH ST SW 89TH PL W89TH PL W90TH AVE W87TH PL W78TH P L W78TH PL W 85TH PL W81ST PL W87TH AVE W77TH AVE W 84TH AVE W236TH ST SW 219TH ST SW 90TH PL W78TH PL W 80TH PL W242ND PL SW 244TH ST SW/205TH ST NW92ND AVE W242ND ST SW 92ND AVE W 211TH PL 72ND PL W78TH PL W 230TH ST SW 221ST PL 92ND AVE W92ND AVE W7 7 T H P L W 207TH PL SW 82ND PL W 218TH ST SW78TH AVE W 92ND AVE W 209TH ST SW 236TH ST SW 77TH PL W 223RD ST SW 213TH ST SW 78TH AVE W84TH PL W85TH PL W78TH AVE W 74TH AVE W78TH AVE W 79TH AVE W 217TH S T SW230TH ST SWPIONEER WY 78TH PL W81ST AVE W232ND PL SW 229TH ST SW 82ND AVE W88TH AVE W207TH PL 86TH AVE W 225TH PL 87TH AVE W242ND ST SW 230TH ST SW 74TH AVE W91ST AVE W2 2 7TH PL SW 90TH PL W 208TH ST SW 86TH AVE W86TH PL W 89TH PL W76TH PL W217TH ST SW 233RD PL 82ND PL W228TH ST SW 232ND ST SW82ND PL W214TH PL SW 222ND ST SW 229TH PL SW 80TH PL W 225TH PL SW83RD AVE W89TH AVE W 79TH AVE W 215TH ST SW 91ST AVE W 86TH PL W 86TH PL W218TH ST SW 229TH PL 81ST PL W227TH ST SW 81ST PL W90TH AVE W 228TH ST SW 92ND AVE W86TH AVE W86TH PL W215TH PL SW 78TH AVE W 82ND AVE W226TH ST SW 77TH PL W239T H P L S W 229TH ST SW 79TH AVE W 83RD PL77TH AVE 86TH AVE W 214TH PL SW 90TH AVE W80TH AVE W82ND AVE W2 2 1 S T S T S W 83RD PL225TH PL SW 77TH AVE W216TH ST SW 84TH AVE W72ND AVE W81ST AVE W86TH AVE W221ST PL SW 216TH ST SW 224TH ST SW 73RD PL W83RD AVE W63RD AVE W208TH ST SW 210TH ST SW 212TH ST SW66TH AVE W67TH AVE WN W T R A C T IO N R /W 214TH ST SW 213TH PL SW 215TH ST SW67TH AVE W66TH AVE W216TH ST SW 218TH ST SW 219TH ST SW66TH AVE W64TH AVE W220TH ST SW 68TH PL W68TH AVE W222ND ST SW 224TH ST SW 224TH ST SW 220TH PL 221ST PL 221ST PL SW 223RD PL 223RD PL SW67TH PL W68TH AVE W66TH AVE W65TH AVE W64TH AVE W67TH PL W66TH PL W226TH ST SW 225TH PL 225TH PL SW 225TH PL SW 226TH ST SW 227TH PL SW67TH PL W63RD PL W62ND AVE W62ND AVE W 2 2 7 T H ST SW 68TH AVE W67TH PL W66TH PL65TH PL64TH PL W228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 230TH ST SW 231ST ST SW 63RD AVE W63RD PL66TH AVE W67TH PL W66TH AVE W67TH PL W232ND ST SW 232ND PL SW 233 PL 2 3 4 TH PL 233RD ST SW 234TH ST SW 234TH ST 64TH AVE W63RD AVE W63RD AVE W66TH AVE W234TH PL 2 3 4 T H P L 235TH PL 65TH PL W67TH AVE W2 3 4 T H S T S W235TH ST SW 92ND AVE W91ST AVE WN W T R A C T IO N R /W78TH PL W236TH ST SW Albion W a y 85th Ave W76TH AVE W220TH ST SW E D M O N D S W A Y 212TH ST SW 244TH ST SW/LAKE BALLINGER WAY 238TH ST SW 224TH ST SW 240TH ST SW B O W D O IN W A Y 75TH AVE W90TH AVE W242ND ST SW N. 205TH ST 234TH ST SW NW TRACTION R/W210TH ST SW 231ST ST SW 222ND ST SW 233rd St SW 78TH AVE W77TH PL WMAPLE LANE 82ND AVE WHOLLY LANE 217TH ST SW 83RD AVE WMADRONA LANE PIONEER WAY INTERSTATE 588TH PL W80TH PL W74TH PL W85TH AVE W2 3 8 T H P L S W82ND PL W213TH PL SW 92ND PL W75TH PL W87TH AVE W208TH PL SW SH E L L V A L L E Y R O A D 215TH ST SW 73RD PL W79TH PL W207TH ST SW 209TH PL SW 87TH PL WHILLCREST PL 229TH ST SW PARK ROAD SHELL PL 7 7 TH AVE W85TH AVE W221ST PL SW 235th ST SW 224th PL SW BOAT LAUNCHWOODLAKE DR 220TH PL SWSKYLINE DR MAIN ST PARK RDMAI N STSHELL VALLEY WY83R D A V E W 82ND AVE W211TH PL80TH AVE W82ND AVE W81ST AVE W76TH AVE W77TH AVE W208TH ST SW 72ND AVE WHWY 9968TH AVE W212TH ST SW HWY 99N W T R A C T IO N R /W 216TH ST SW 233RD PL SW 76TH PL W80TH WY 2 0 9 T H S T S W 210TH PL SW 206TH PL 91ST AVE W219TH ST SW 68TH AVE W70TH AVE WHWY 99220TH ST SW 226TH ST SW 2 2 7 T H P L LAKE VIEW DRIVE74TH AVE W72ND AVE W229TH ST SW 230TH ST SW 229TH PL SW75TH AVE W74TH AVE W236T H S T SWM C A L E E R W A Y 237TH ST SW74TH AVE W74TH AVE WBEESON PL240TH PL SW 225TH ST86TH PL W80TH PL W9 0 T H P L W 70TH AVE W 215TH ST SW 226TH PL 89TH AVE W76TH AVE W80TH LN238TH ST SW HWY 9976TH AVE WHWY 9981ST PL WHWY 9980TH AVE W226TH ST SW 225TH PL SW 76TH AVE W224TH ST SW 223RD ST SW82ND PL W218TH ST SW 80TH AVE W76TH AVE W88TH PL W77TH PL W78TH AVE W 80TH PL241ST ST SWSUMMIT LN86TH PL W87T H PL W88TH AVE W88TH PL W220TH ST SW 84TH AVE W88TH AVE W90TH AVE W85TH AVE224TH ST SW 87TH PL W87TH AVE W224TH ST SW 86TH AVE W228TH ST SW 88TH AVE W90TH AVE W232N D S T S W 231ST PL SW E D MONDS WA Y84TH AVE W240TH ST SW 89TH PL W89TH PL W90TH AVE W87TH PL W78TH P L W78TH PL W 85TH PL W81ST PL W87TH AVE W77TH AVE W 84TH AVE W236TH ST SW 219TH ST SW 90TH PL W78TH PL W 80TH PL W242ND PL SW 244TH ST SW/205TH ST NW92ND AVE W242ND ST SW 92ND AVE W 211TH PL 72ND PL W78TH PL W 230TH ST SW 221ST PL 228TH ST SW 92ND AVE W93RD AVE92ND AVE W7 7 T H P L W 207TH PL SW 82ND PL W 218TH ST SW78TH AVE W 92ND AVE W92ND PL W 209TH ST SW 236TH ST SW 77TH PL W 223RD ST SW 213TH ST SW 78TH AVE W84TH PL W85TH PL W78TH AVE W 74TH AVE W78TH AVE W 79TH AVE W 217TH S T SW230TH ST SWPIONEER WY 78TH PL W81ST AVE W232ND PL SW 229TH ST SW 82ND AVE W88TH AVE W207TH PL 86TH AVE W 225TH PL 87TH AVE W242ND ST SW 230TH ST SW 74TH AVE W91ST AVE W2 2 7TH PL SW 90TH PL W 208TH ST SW 86TH AVE W86TH PL W 89TH PL W76TH PL W217TH ST SW 233RD PL 82ND PL W228TH ST SW 232ND ST SW82ND PL W214TH PL SW 222ND ST SW 229TH PL SW 80TH PL W 225TH PL SW83RD AVE W89TH AVE W 79TH AVE W 215TH ST SW 91ST AVE W 86TH PL W 86TH PL W218TH ST SW 229TH PL 81ST PL W227TH ST SW 81ST PL W90TH AVE W 228TH ST SW 92ND AVE W86TH AVE W86TH PL W215TH PL SW 78TH AVE W 82ND AVE W226TH ST SW 77TH PL W239T H P L S W 229TH ST SW 79TH AVE W 83RD PL77TH AVE 86TH AVE W 214TH PL SW 90TH AVE W80TH AVE W82ND AVE W2 2 1 S T S T S W 83RD PL225TH PL SW 77TH AVE W216TH ST SW 84TH AVE W72ND AVE W81ST AVE W86TH AVE W221ST PL SW 216TH ST SW 224TH ST SW 73RD PL W83RD AVE W63RD AVE W208TH ST SW 210TH ST SW 212TH ST SW66TH AVE W67TH AVE WN W T R A C T IO N R /W 214TH ST SW 213TH PL SW 215TH ST SW67TH AVE W66TH AVE W216TH ST SW 218TH ST SW 219TH ST SW66TH AVE W64TH AVE W220TH ST SW 68TH PL W68TH AVE W222ND ST SW 224TH ST SW 224TH ST SW 220TH PL 221ST PL 221ST PL SW 223RD PL 223RD PL SW67TH PL W68TH AVE W66TH AVE W65TH AVE W64TH AVE W67TH PL W66TH PL W226TH ST SW 225TH PL 225TH PL SW 225TH PL SW 226TH ST SW 227TH PL SW67TH PL W63RD PL W62ND AVE W62ND AVE W 2 2 7 T H ST SW 68TH AVE W67TH PL W66TH PL65TH PL64TH PL W228TH ST SW 229TH PL 230TH ST SW 68TH AVE W 230TH ST SW 231ST ST SW 63RD AVE W63RD PL66TH AVE W67TH PL W66TH AVE W67TH PL W232ND ST SW 232ND PL SW 233 PL 2 3 4 TH PL 233RD ST SW 234TH ST SW 234TH ST 64TH AVE W63RD AVE W63RD AVE W66TH AVE W234TH PL 2 3 4 T H P L 235TH PL 65TH PL W67TH AVE W2 3 4 T H S T S W235TH ST SW 92ND AVE W91ST AVE WN W T R A C T IO N R /W78TH PL W236TH ST SW Albion W a y 85th Ave WLake Ballinger 2,000 0 2,000 4,0001,000 Feet Highway 99 Corridor Mixed-Use Development Case Study23320 Highway 99 Legend Case Study Property Highway 99 Corridor Plan Overlays Activity Center Corridor Development School High Rise Overlay Attachment 1Packet Page 258 of 319 234TH ST SW 233rd St SW 78TH AVE W80TH PL W238TH P L S W 7 7 TH AVE W235th ST SW 76TH PL W236T H S T SWM C A L E E R W A Y 237TH ST SW76TH AVE W80TH LN238TH ST SW HWY 9976TH AVE WHWY 9981ST PL W80TH PL84TH AVE W78TH P L W81ST PL W84TH AVE W236TH ST SW 7 7 T H P L W 79TH AVE W229TH ST SW 230TH ST SW 233RD PL 82ND PL W228TH ST SW 232ND ST SW 81ST PL W 78TH AVE W82ND AVE W 79TH AVE W77TH AVE 80TH AVE W83RD PL81ST AVE W83RD AVE W78TH PL W234TH ST SW 233rd St SW 78TH AVE W80TH PL W238TH P L S W 7 7 TH AVE W235th ST SW 76TH PL W236T H S T SWM C A L E E R W A Y 237TH ST SW76TH AVE W80TH LN238TH ST SW HWY 9976TH AVE WHWY 9981ST PL W80TH PL84TH AVE W78TH P L W81ST PL W84TH AVE W236TH ST SW 7 7 T H P L W 79TH AVE W229TH ST SW 230TH ST SW 233RD PL 82ND PL W228TH ST SW 232ND ST SW 81ST PL W 78TH AVE W82ND AVE W 79TH AVE W77TH AVE 80TH AVE W83RD PL81ST AVE W83RD AVE W78TH PL W500 0 500 1,000250Feet Highway 99 Corridor Mixed-Use Development Case Study300 Feet Notice Radius Legend Case Study Property Plan Overlays Activity Center Corridor Development School High Rise Overlay Attachment 2Packet Page 259 of 319 AM-3356   Item #: 6. City Council Meeting Date: 09/07/2010 Time:20 Minutes   Submitted By:Rob Chave Department:Planning Review Committee: Committee Action: Type:Information  Information Subject Title Update from Planning Board on PRD/subdivision study, PRD perimeter buffer ordinance and Planning Board needs/priorities. Recommendation from Mayor and Staff No action required. Previous Council Action N/A Narrative Planning Board Chair Phil Lovell and Vice-Chair John Reed will provide a status report to council on the Board's activities and how the recent Council request to deal directly with the PRD/setback issue fits into the Planning Board's work schedule. Attachments Exhibit 1: Planning Board Extended Agenda Exhibit 2: Planning Board Work Plan Status Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/02/2010 03:38 PM Mayor Mike Cooper 09/02/2010 04:11 PM Final Approval Sandy Chase 09/02/2010 04:12 PM Form Started By: Rob Chave Started On: 09/02/2010 03:29 PM Final Approval Date: 09/02/2010  Packet Page 260 of 319 Planning Board Extended Agenda Sept. 8, 2010 Meeting Item SEPTEMBER 2010 Sept. 8 2010 1. Update on Sustainability Indicators 2. Discussion on interior lot lines overlapping PRD perimeter buffers 3. Presentation on Capital Facilities Plan (File No. AMD20100020) 4. Work session on proposed amendments to ECDC 18.05 and 20.50 clarifying definitions and processes for regulation of wireless telecommunication facilities (File No. AMD20100004) Sept. 22 2010 1. Public Hearing on Emergency Temporary Indoor Shelters 2. Public Hearing on Temporary Homeless Encampments 3. Public Hearing on Capital Facilities Plan (File No. AMD20100020) (TENTATIVE) 4. Report on adult entertainment sites 5. Discussion on potential of having a student representative OCTOBER 2010 Oct. 13 2010 1. Public Hearing on proposed amendments to ECDC 18.05 and 20.50 clarifying definitions and processes for regulation of wireless telecommunication facilities (File No. AMD20100004) 2. Public Hearing on Meadowdale Annexation Zoning (File No. AMD20090002) 3. Continued discussion on Home Occupations 4. P&R Quarterly Report 5. Further information on proposed amendments to Subdivision regulations / PRD’s Packet Page 261 of 319 Oct. 27 2010 1. Public hearing regarding interior lot lines overlapping PRD perimeter buffers 2. Work session on Highway 99 parking standards 3. Discussion on BD zoning ‘clean up’ issues, including commercial depth requirements, map of designated street frontages, review of 4th Avenue Arts Corridor recommendations NOVEMBER 2010 Nov. 10 2010 1. Work session on Subdivision Regulations / PRD’s 2. Work session on Highway 99 parking standards Nov. 24 2010 CANCELLED FOR THANKSGIVING HOLIDAY DECEMBER 2010 Dec. 9 2010 1. Public Hearing on Subdivision Regulations / PRD’s 2. Public Hearing on Highway 99 parking standards 3. Election of 2011 Officers Dec. 23 2010 CANCELLED FOR CHRISTMAS HOLIDAY JANUARY 2011 Jan. 12 2011 3. Update on Shoreline Master Program (File No. AMD20090006) Jan. 26 2011 Packet Page 262 of 319 Potential 2010 Planning Board Work Plan Comprehensive Plan Amendments   Stormwater Comprehensive Plan – Work Completed   Water Comprehensive Plan – Work Completed   Update to policy discussion in Public Utilities Chapter of Comprehensive Plan –  Not This Year   Update to Capital Facilities Element – In Progress   Update to Economic Development Plan – Not This Year   Comprehensive Plan Framework (e.g. compatibility with Vision 2040) – Work  Completed   Two lots at 215th ST SW & 76th Ave W – Awaiting Scheduling   Comprehensive Plan policies regarding land use and urban design – Not This  Year   Streetscape Plan (see Council minutes, 5/26/2009) – In Progress   Comprehensive Plan provisions mandating Hearing Examiner review of projects  and property decisions – Work Completed   Shoreline Master Program – Awaiting Scheduling   Port of Edmonds Master Plan Update(s) – Not This Year  Code Revision Project   Title 16 Zoning Classifications – Not This Year   Title 17 Zoning Standards – Not This Year   Subdivision Regulations / PRD’s – In Progress  City Council Referrals   Economic Development (with Economic Development Commission) –  Monitoring   Highway 99 Parking Standards – In Progress   Homeless Shelters / Tent Cities – In Progress   Title 20 Procedures – Work Completed   Wireless Facilities Regulations – update – In Progress   Civil Enforcement Procedures – 20.110.040(F) – Work Completed  Parks Issues   Park Naming – Work Completed   Periodic Updates & Reports – Continuing  Other Items   Sustainability Implementation – Monitoring   Stormwater Code & Low Impact Development Provisions   Five Corners, Westgate neighborhood plans & implementation – Monitoring   Edmonds Landing (Rezone & Development Agreement) – Awaiting Scheduling  Packet Page 263 of 319 AM-3328   Item #: 7. City Council Meeting Date: 09/07/2010 Time:20 Minutes   Submitted For:Council President Bernheim Submitted By:Jana Spellman Department:City Council Committee:Type:Action Information Subject Title Continued discussion and possible action regarding a proposed “Tree Board.” Recommendation from Mayor and Staff None Previous Council Action (See Exhibits) Narrative Continued discussion and possible action regarding a proposed “Tree Board.”  Councilmember Bernheim plans to make a motion to adopt the draft ordinance. There are 8 attachments to this agenda memo. The current draft of the proposed ordinance is contained in Exhibit 2. Attachments Attach 1 - Bernheim Memo to CSDS committee Attach 2 - 1 Tree Board Ordinance Attach 3 - 3 Benefits of Being a Tree City at arborday org Attach 4 - Spehar e-mail Ordinance_Proposed Tree Board Question Attach 5 - A Guide to Community and Urban Forestry Programming Attach 6 - Tree Board Ordinance Status Attach 7: Tree City USA Standards  Attach 8 - May 11 2010 CS-DS Commitee Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/02/2010 11:37 AM Mayor Mike Cooper 09/02/2010 04:10 PM Final Approval Sandy Chase 09/02/2010 04:12 PM Form Started By: Jana Spellman Started On: 08/27/2010  Final Approval Date: 09/02/2010  Packet Page 264 of 319 Memo to CSDS committee From Steve Bernheim Re: continued discussion re: “Tree Board” Date: August 2, 2010 There is proposed an ordinance that would create a Citizens’ Tree Board of up to seven members with an alternate, chosen by the City Council. The Board would be empowered to advise and recommend regarding: 1. Developing a tree ordinance designed to preserve and protect existing trees, encourage additional trees, appropriately safeguard trees in construction areas, and encourage active stewardship of the urban forest. 2. Increasing community outreach and education regarding the value of trees, proper selection of trees, and correct methods for planting of and caring for trees. 3. Organizing invasive plant removal and native vegetation planting 4. Facilitating grant applications 5. Sponsoring an annual Arbor Day Event, and 6. Working towards achievement of Tree City USA® status Attached is a draft of the proposed ordinance, which already is the result of some prior collaboration and review among city staff (Rob Chave), city council (Steve Bernheim) and residents (Laura Spehar, Barbara Tipton, Richard Senderoff). At present, 77 cities in Washington are official Arbor Day Foundation Tree Cities, including Lynnwood (11 years), Burien, Everett (17 years), Issaquah (17 years), Lake Forest Park, Marysville (one year), Port Townsend, Poulsbo, Redmond, Sea Tac, and Woodway (4 years). Standards and Benefits of becoming a “Tree City” are attached. Attached is an Email from Edmonds Backyard Wildlife Habitat regarding some areas of concern. Also attached is an email raising a question as to how a future tree ordinance might look to view impacts, or also might consider impacts on solar power systems or neighbors. However, we are not drafting a tree ordinance tonight, only an ordinance authorizing the creation of an advisory board. Also attached is a publication of the Washington State Department of Commerce discussing elements of a local tree protection program. Recommended Action: The committee should review the proposed ordinance and forward it to city council with recommendation for adoption. After the Tree Board is appointed, it can assist city staff with development of a tree ordinance and gaining Tree City designation from National Arbor Day Foundation. Packet Page 265 of 319 Page 1 Ordinance Number [City Clerk, please fill in number] An ordinance of the City of Edmonds, Washington, Amending the Edmonds City Code, Title 10 to add a new Chapter 10.95 ____________________________________________________________________________ Citizens’ Tree Board WHEREAS, the Edmonds City Council developed a sustainability agenda during their 2009 retreat; and WHEREAS, the Edmonds City Council enacted Resolution 1129 to adopt the United States (US) Mayors’ Climate Protection Agreement as amended by the 73rd Annual US Conference of Mayors; and WHEREAS, old growth forests have been heavily logged in the Pacific Northwest section of the US resulting in a significant loss of native conifers; and native deciduous trees including big leaf maples and red alders are in decline; and WHEREAS, urban forests provide habitat for wildlife, including migratory birds; and WHEREAS, urban forests lessen the effects of storm events by slowing the rate of surface water runoff and thus reducing the need for construction and maintenance of flood control structures; and WHEREAS, tree roots stabilize steep slopes minimizing the amount of soil erosion; and WHEREAS, urban forests improve air and water quality and sequester carbon; and WHEREAS, the Edmonds City Council finds it to be in the public interest to establish a Citizens’ Tree Board, one of the four steps to becoming a certified as a Tree City USA® by the US Department of Agriculture’s Forest Service Urban and Community Forestry Program. NOW, THEREFORE, The City Council of the City of Edmonds, Washington, does ordain as follows: Section 1: The Edmonds City Code, Title 10, is hereby amended by the adoption of a new Chapter 10.95 Citizens’ Tree Board to read as follows: 10.95.010 Board created – membership 10.95.020 Officers of board – meetings – forum 10.95.030 Powers and duties 10.95.010 Commission created – membership A. There is hereby created a Citizens’ Tree board consisting of up to seven (7) members plus one (1) alternate. Citizens must be Edmonds residents. It is recommended the Packet Page 266 of 319 Page 2 board include citizens from throughout the city (representing different watersheds and neighborhoods). Additionally, those with professional or hobbyist interest/experience in urban forestry, horticulture, and habitat enviroscaping are preferred; these may include arborists, botanists, horticulturists, native plant experts, master gardeners, wildlife experts, and related. The members shall be appointed in the following manner. Within thirty (30) days after this ordinance is passed, the city shall draft and publish an announcement seeking applicants for board membership. The standard City of Edmonds Citizen Board and Commission Application will be used. Prospective board members will have thirty (30) days to submit their application. Initially, each Councilmember will appoint one (1) Tree Board member within thirty (30) days following the close of the application period. The alternate member shall be appointed by the Council President or Mayor (as determined by the Council). The selections shall be made based on the qualifications described per the applications; Councilmembers may also interview applicants at their discretion. Subsequent to the initial appointments, recommendations for renewal/replacements, when required, will be made by the Council President or Mayor (as determined by the Council) and approval of by the full Council. B. The term of appointment shall be four (4) years. However, initially, to ensure transitional consistency 4 (four) members shall be appointed to 4 (four) year terms and 3 (three) members (plus the alternate) shall be appointed to three (3) year terms. Each member, at his or her discretion, may seek renewal for one additional term. 10.95.020 Officers of board – meetings – forum Members of the Commission shall meet and organize by electing, from the members of the board, a chair and vice chair and other officers as may be determined by the board. It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty in the absence of the chair. A majority of the filled positions on the board shall constitute a quorum for the transaction of business. The board is expected to meet monthly or as otherwise agreed to by the board. The regular public meeting of the board shall be held at such time or place as may be determined by the chair or a majority of the members of the board. 10.95.030 Powers and duties A. The board is empowered to advise and make recommendations to the Mayor and City Council and, as appropriate, to the Planning Board and other boards or commissions of the city on such matters including but not limited to: 1. Developing a tree ordinance designed to preserve and protect existing trees, encourage planting of additional trees, safeguard trees on parcels where construction or renovation is occurring or planned to occur, and encouraging the Edmonds citizenry to become active stewards of the urban forest. Comment [rs1]: Or the existing Board members may make recommendations? Packet Page 267 of 319 Page 3 2. Increasing community outreach and education regarding the value of trees, proper selection of trees, and correct methods for planting of and caring for trees. 3. Working with civic, religious, and citizen groups to organize invasive plant removal and native vegetation planting in accord with the Department of Parks, Recreation & Cultural Services. 4. Coordinating with other citizen groups on specific projects. 5. Facilitate relevant grant applications supporting ecology and watershed protection projects. 6. Sponsoring an annual Arbor Day Event 7. Working towards achievement of Tree City USA® status B. The board shall provide an annual report to the City Council in December of each year Section 2: Sunset Clause. The provisions of this ordinance will not be subject to a sunset clause. This ordinance may be repealed or amended by act of the Edmonds City Council. Section 3: Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effective five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH CITY CLERK: Packet Page 268 of 319 Page 4 PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: Packet Page 269 of 319 Benefits of Being a Tree City at arborday.org http://www.arborday.org/programs/treeCityUSA/benefits.cfm[8/2/2010 3:42:33 PM] cart | wish list | sign in Tree City Benefits Every community, regardless of size, benefits in different ways from being a Tree City USA. Reports of these benefits have reached The Arbor Day Foundation through the years and are summarized below in six general categories: Framework for Action Meeting the four standards for becoming a Tree City USA provides initial direction for an urban or community forestry program. Like the first rungs on a ladder, the standards help get a community started toward annual, systematic management of its tree resources. Education Education begins with discussion of the standards and getting organized to apply for Tree City USA status. It continues as the desire for Tree City USA recognition leads to contacts with the state forester’s staff. In turn, this can set in motion aid from a variety of professionals in the form of technical advice, literature, films, and other assistance. Public Image A community’s public image is a very real phenomenon and important in many ways. Being a Tree City USA helps present the kind of image that most citizens want to have for the place they live or conduct business. The Tree City USA signs at community entrances tell visitors that here is a community that cares about its environment. It is also an indication to prospective businesses that the quality of life may be better here. It has even been known to be a factor in where meetings or conferences have been held. This reason alone caused a motel owner to start action for his community to join the network! Citizen Pride Pride is sometimes a less tangible benefit. Gaining and retaining Tree City USA recognition is an award to the tree workers, managers, volunteers, tree board members and others who work on behalf of better care of a community’s trees. Non- involved citizens, too, often share a sense of pride that theirs is a Tree City USA . This may translate to better care of trees on private property or a willingness to volunteer in the future. Home | Trees | Membership | Programs | News | Arbor Day Farm | Lied Lodge | Shop | Careers | Take Action You are here: Home → Programs → Tree City USA → Benefits of Being a Tree City Tree City USA Tree City USA Home About Us Is Your Community a Tree City? Benefits of Being a Tree City Tree City Standards Request an Application Tree City Growth Awards Tree City USA Bulletins Tree City USA Supplies Community Foresters Directory Get Our E-Newsletter About Our Programs Related Programs Tree Line USA Conservation Trees See All Programs Shopping Tree City USA Supplies Arbor Marketplace Buy Trees and More Packet Page 270 of 319 Benefits of Being a Tree City at arborday.org http://www.arborday.org/programs/treeCityUSA/benefits.cfm[8/2/2010 3:42:33 PM] Financial Assistance Preference is sometimes given to Tree City USA communities over other communities when allocations of grant money are made for trees or forestry programs. The reason is that there are invariably more requests than available funds when grants are available through state or federal agencies. If requests are equally worthy, some officials tend to have more confidence in communities that have demonstrated the foresight of becoming a Tree City USA. Publicity Presentation of the Tree City USA award and the celebration of Arbor Day offer excellent publicity opportunities. This results not only in satisfaction for the individuals involved and their families, but also provides one more way to reach large numbers of people with information about tree care. As one forester put it, “This is advertising that money can't buy—and it is free!” More Read our list of 15 reasons to become a Tree City. More Information Call: 402-474-5655 Monday–Friday 8:00 AM to 5:00 PM CST Tree City USA is supported by the USDA Forest Service Urban and Community Forestry Program. 1-888-448-7337 | donate now | privacy | about us | contact us | site map | your state Packet Page 271 of 319 From:Edmonds Backyard Wildlife Habitat To:Steve Bernheim; council@stevebernheim.com Cc:Barbara Tipton ; Richard ; Valerie Stewart; Gary Smith ; Susie Schaefer ; Mcintosh, Brian; alan.mearns Subject:Tree City USA/City Ordinance/Proposed Tree Board Question Date:Thursday, July 15, 2010 4:11:45 PM Attachments:A Guide to Community and Urban Forestry Programming.pdf Hi Steve & Happy Summer, I just received an email from Rich Senderoff stating the following: Hi Laura, The Tree Board Ordinance is finished, including attorney review. It was set to be presented to the CS/DS committee this week, but was displaced by the Mayor candidate interviews. I‛ve asked Council President Bernheim to bypass the committee that is already aware of the concept (just not the finished form) and take it straight to council, so it doesn‛t have to wait another month. My question for you is where is the City/ Edmonds at the moment with the Tree Board Ordinance, and has it already been adopted or passed? Last I knew about any of this was the "discussion of proposed Tree Board" at the August 10th Council meeting. I can't locate anything else on the City's website. If you have a copy of this ordinance to share or can let me know where to view it.. myself and Barbara Tipton would love to take a look at it. We are still completely engaged in pursuing an ordinance and or board and helping the City as volunteers to obtain Tree City USA status. Our hope is through obtaining this status and setting up this criteria that our city will not only gain a national recognition but locate funding sources for future tree conservation projects which educate local residents about tree planting, health, and overall care of before just grabbing the chain saw... Please let me know what you would like the citizens and volunteers of Edmonds to do to help move things along. As you well know, we have all been reviewing the City of Shoreline & Lake Forest Park meetings as they amend and revise their tree conservation codes/ordinances. The Mayor of Lake Forest Park established an Urban Tree Task Force to look at the existing tree preservation ordinance, and make recommendations to changes to the City's Municipal Code if necessary. My friend and Edmonds Planning Board Commisioner, Val Stewart recently attended a Urban Forest Symposium in Seattle. Val has shared many of the great tree resources gained from that symposium with Barbara and myself. One of the main focal points of the workshops was creating and implementing an urban forestry board within our cities... One of the documents cited/ taken from symposium: The Urban Forestry Program is lead by a board of volunteers. The board advises the city council on matters pertaining to the promotion, improvement and protection of the urban forest. The board's mission is to provide wise stewardship and leadership to ensure that we protect our existing trees and encourage proper selection, planting methods, and maintenance of our new trees so that we continually enhance the quality of life in our city. The board pledges to increase community understanding of the value of our urban forest Packet Page 272 of 319 and to take responsibility for the education and publicity of those values. This is done through a variety of educational initiatives in cooperation with local elementary schools, the Boys' and Girls' Club and other groups throughout the city. Edmonds is definitely at a residential crisis point with tree regulations as seen by the volume of tree clearings in recent months, and letters to the Editor in regards to the issue. In fact, one resident and EBWH Project Steering Team member, Alan Mearns (NOAA Scientist/local resident) has been working this past year on documenting and monitoring the tree removal or canopy loss in his Maplewood Neighborhood. This information could possibly act as baseline data for monitoring habitat conditions in the future. On Tuesday evening my husband Paul and I along with Barbara & Jim Tipton (whom worksfor the Nature Conservancy btw) attended the Cascade Land Conservancy's CompleteStreets meeting at the Frances Anderson Center. We all signed up to help with theEdmonds campaign. I left a packet of the evenings information for Brian McIntosh, andstill have more packets if you would like one. With this campaign will come dialog aboutstreet trees in business areas for sure. With all of this happening in our city; I cannot but think this is the time afterappointing a new Mayor to proceed with our tree preservation and conservation efforts.I also truly believe that we have a wonderful Parks Dept., and that through it will comeour best ally in tree education and conservation training. Please let myself and Barbara know where and when you need our help in pursuingthe ordinance, board and or future tree related projects. Same goes for everyone else Ihave cc'd in this email. I know you all to be interested in tree preservation andeducation. Steve, I would appreciate hearing back from you on this email as well as others. Yourtime & energy on these efforts is appreciated! My Best, Laura Spehar Note: Here are a few good websites for all to check out, and see what options are outthere and could be possibly implemented for Edmonds (thinking positive!): **also attached to this email is a great document called : "A GUIDE TO COMMUNITY AND URBAN FORESTRY PROGRAMMING" http://www.seattleurbannature.org/Projects/newprojects.html http://www.mrsc.org/Subjects/PubWorks/strees.aspx#Programs http://www.cityofshoreline.com/index.aspx?page=501 http://www.cityoflfp.com/city/taskforce/forest/documents/20100311CFMA-PUB.pdf http://www.saveseattlestrees.com/Save_Seattle_s_Trees.html http://www.seattle.gov/dpd/planning/SeattlesTreeRegulationUpdate/Overview/default.asp Packet Page 273 of 319 http://www.bellevuewa.gov/pdf/Development%20Services/CG_DevStds2010_BMPT101.pdf -- Edmonds Backyard Wildlife Habitat Project http://edmondsbackyardwildlifehabitat.org"Fostering a Community that Lives in Harmony with Nature"18104 76th Avenue West, Edmonds, WA, 98026 (425) 672-2150Follow us on Twitter, http://twitter.com/edmondsbwh Packet Page 274 of 319 A GUIDE TO COMMUNITY AND URBAN FORESTRY PROGRAMMING JUNE 2009 WASHINGTON STATE DEPT. OF COMMERCE EVERGREEN COMMUNITIES PARTNERSHIP TASK FORCE Packet Page 275 of 319 Packet Page 276 of 319 i A GUIDE TO COMMUNITY AND URBAN FORESTRY PROGRAMMING WASHINGTON STATE DEPT. OF COMMERCE AND THE EVERGREEN COMMUNITIES PARTNERSHIP TASK FORCE CONTENTS 1. INTRODUCTION ....................................................................................................................... 1 2. ECOSYSTEM SERVICES AND BENEFITS ..................................................................................... 2 3. PRINCIPLES FOR POLICY DEVELOPMENT .................................................................................. 6 4. COMMUNITY AND URBAN FORESTRY ........................................................................................ 9 5. ELEMENTS OF COMMUNITY AND URBAN FORESTRY ..................................................................10 6. ELEMENTS OF A COMMUNITY AND URBAN FORESTRY ORDINANCE .............................................12 7. EVERGREEN COMMUNITIES RECOGNITION ...............................................................................24 8. REFERENCES ........................................................................................................................28 9. URBAN FORESTRY RESOURCES ..............................................................................................29 10. EVERGREEN COMMUNITIES PARTNERSHIP TASK FORCE ...........................................................33 11. BACKGROUND OF THE ACT ....................................................................................................35 Packet Page 277 of 319 ii ACKNOWLEDGEMENTS Washington State Department of Commerce Leonard Bauer, Managing Director, Growth Management Unit Micki McNaughton, Urban Forestry Specialist Crystal Harper and Cynthia Ritchey, Support Staff Washington State Department of Natural Resources Sarah Foster, Program Manager, Urban and Community Forestry Program Linden Mead, Inventory and Assessment Specialist, Urban and Community Forestry Program We gratefully acknowledge the dedication and hard work of the members of the Evergreen Communities Partnership Task Force in 2008-2009 as they developed guidance for community and urban forestry policies, ordinances and management plans, as well as drafting a proposal for an evergreen communities recognition plan. The Evergreen Communities Partnership Task Force Stephen Bernath, Washington State Dept. of Ecology Kathleen Wolf, Washington Community Forestry Council Alternate - Jana Dilley, University of Washington Bruce Wishart, People for Puget Sound Alternate - Cyrilla Cook, People for Puget Sound David Erickson, City of Wenatchee Parks and Recreation Janet Way, City of Shoreline City Council Alternate - Chris Eggen, City of Shoreline City Council David Grimes, Chelan County Development Alternate - Keith Goehner, Chelan County Commissioner Joseph Scorcio, Pierce County Public Works & Utilities Alternate - Anne-Marie Marshall-Dody, Pierce County Public Works & Utilities Phil Harlan, Keller Williams Realty Olympia, Washington Association of Realtors representative Alternate - Jeanette Samek-McKague, Washington Association of Realtors Brian Ross, YarrowBay Group Alternate - Katherine Orni, YarrowBay Group Charles Kahle, Audubon Washington Alternate - Matt Mega, Seattle Audubon Ara Erickson, Cascade Land Conservancy Green Cities Program Alternate - John Floberg, Cascade Land Conservancy Courtney Sullivan, National Wildlife Federation Brian Carlson, City of Vancouver Public Works Director Alternate - Charles Ray, City of Vancouver Urban Forester Beth Rogers, Puget Sound Energy Alternate - Janet Brown, Puget Sound Energy Paula Swedeen, Pacific Forest Trust Sandy Salisbury, Washington State Dept. of Transportation Alternate - Mark Maurer, Washington State Dept. of Transportation Elizabeth Walker, Sound Tree Solutions Adrian Miller, Washington Forest Protection Association Packet Page 278 of 319 A Guide to Community and Urban Forestry Programming 1 June 2009 1. INTRODUCTION Healthy community and urban forests are a valuable and potentially powerful tool to support economically viable, sustainable urban areas in the State of Washington. The 2008 Evergreen Communities Act (ECA; ESSHB 28441 and RCW 35.1052) seeks to assist municipalities and jurisdictions across the state to better manage existing urban forests and plan for improvements to urban forests to increase the value of the ecological, social, and economic services that urban trees provide. The ECA created the Evergreen Communities Partnership Task Force (the Task Force) to develop model urban forest management plans and model ordinances to provide this assistance, as well as an awards program to recognize all communities that plan and manage their community forests. Funding for work directed by the ECA, however, has been suspended for the State Fiscal Biennium 2009-2011. Recognizing the possibility of a loss of funding early in 2009, the Task Force members expedited a compressed work program so that tangible resources could be produced by June 30, 2009, to guide local communities in urban forestry programming efforts during the unfunded interim. This document provides a resource for local governments interested in creating or enhancing community and urban forestry programming, and discusses a possible approach to a future awards program to recognize communities who excel in planning and managing their community and urban forestry resource for maximum benefit. During the unfunded interim, guidance and technical assistance for communities working to build or enhance community and urban forestry programming is also available through the Washington State Department of Natural Resources (DNR) Urban and Community Forestry Program. Contacts there include • Sarah Foster, Program Manager, (360) 902-1704, sarah.foster@dnr.wa.gov • Linden Mead, Urban Forestry Specialist, (360) 902-1703, linden.mead@dnr.wa.gov • Micki McNaughton, Urban Forestry Specialist, (360) 902-1356, micki.mcnaughton@dnr.wa.gov In addition to providing interim guidance for communities who wish to move forward with incorporating urban forestry principles and practices into both current and long-range planning, this document provides a strong platform from which to launch continuing work under the authority of the ECA when funding resumes. A. CONTENTS OF THE REPORT The report • Describes social, ecological and economic benefits of healthy community and urban forests. • Discusses policies that relate to those benefits and functions, and includes examples, when appropriate, from existing urban forestry programs in municipalities throughout the State. • Reports briefly on the related work of developing inventories and canopy assessment protocols and methodologies, accomplished by the Technical Advisory Committee (the TAC) convened by the DNR. A link is provided to the full TAC report. 1 http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2844&year=2007 2 http://apps.leg.wa.gov/RCW/default.aspx?cite=35.105 Packet Page 279 of 319 A Guide to Community and Urban Forestry Programming June 2009 2 • Provides broad guidelines for the direction and intent of urban forestry management plans. Development of model urban forestry management plans is currently on hold, pending funding. • Presents suggestions for addressing the tree ordinance components listed in Section 12 of the ECA, along with other points important to consider in crafting an ordinance. The purpose for each component is discussed, with portions of code from local jurisdictions throughout the State offered as illustrative examples where appropriate. Development of a model tree ordinance is currently on hold at this time, pending funding. • Proposes a structure of an awards program that incorporates incremental awards and incentives that support excellence in urban forestry programming at a variety of levels. Development of a recognition program is currently on hold. • Lists urban forestry resources available for reference and guidance. • Provides background of the ECA, together with challenges and recommendations for the future. B. HOW TO USE THIS REPORT The report is designed for people who wish to incorporate community and urban forestry into the comprehensive planning efforts of their communities, and may be used as a springboard for community discussion that focuses on the role of community and urban forestry in creating and supporting the vital, healthy, sustainable communities that we all want to live in and bequeath to our children. Although this report does not contain fully developed models of management plans and ordinances, the guidance and assistance offered here covers important policy, planning, and ordinance elements that should be considered during development of a new community and urban forestry program or enhancement of an existing one. Full citations for printed sources referred to in the text are gathered in a References section at the end of this document. Online web addresses (URLs) are footnoted at the bottom of each page for those interested in investigating sources in more depth. This document is available online as a fully-linked webpage at 2. ECOSYSTEM SERVICES AND BENEFITS PROVIDED BY COMMUNITY AND URBAN FORESTS The concept of “ecosystem services” has recently emerged to describe the tangible and intangible contributions that natural systems provide for human life support, and human health and well-being. Some ecosystem products have obvious market value, such as timber or mineral ore; others have been identified by scientific study, but do not yet figure widely into market-based planning. Many of the benefits and services provided by community forests, for example, are not yet easily assigned a dollar value but are, nonetheless, absolutely essential for vital, livable communities. Community and urban forests are defined by the DNR as “that land in and around Packet Page 280 of 319 A Guide to Community and Urban Forestry Programming 3 June 2009 human settlements ranging from small communities to metropolitan areas, occupied or potentially occupied by trees and associated vegetation. Community and urban forest land may be planted or unplanted, used or unused, and includes public and private lands, lands along transportation and utility corridors, and forested watershed lands within populated areas” (RCW 76.151). Below is a selection of ecosystem services provided by trees and associated vegetation in urban areas, based on the most current scientific research. • Stormwater, Water Quality, Flooding and Erosion As noted in the preamble to the ECA, trees and forests play a major role in reducing the stormwater runoff, flooding, and erosion that contribute to degraded water quality in urbanized areas. While urban forests are typically not as effective as large, intact forest stands, they can help to lessen the volume and velocity of surface water that moves through urban areas, reducing the need for highly-engineered man-made structures as well as mitigating the negative impacts of stormwater discharge into lakes, rivers and other public water bodies. Before precipitation reaches the ground, the leaves, branches and trunks of trees intercept moisture or facilitate evaporation (Schwab 2009). When native vegetation and soils are removed or compacted, infiltration is limited, groundwater recharge is reduced, and surface runoff and erosion occur, all of which may contribute to flooding, loss of stable and diverse aquatic habitat, loss of nutrient cycling, an increase in suspended particulates in the water column, and increases in water temperature (Schwab ed. 2009). Preserving and retaining trees and forested areas in appropriate places within a community may reduce the need for built stormwater controls and increased water quality treatment in urban areas. Research indicates that a healthy forest canopy may reduce stormwater runoff. Local jurisdictions may benefit from community and urban forestry programs that provide guidelines for builders and developers during the development process to offset the loss of the ecological services of forested areas when such sites are converted through development. For additional guidance on planning stormwater mitigation measures using urban forestry principles and practices, see the Department of Ecology’s stormwater management manuals for eastern2 and western3 Washington. • Air Quality Trees and forests improve air quality in urban areas in many ways (Wolf 2004). Trees remove carbon dioxide and release oxygen through photosynthesis. Forest canopy can remove tons of material from the air across a city as particulates, or fine dust and pollutants, settle in the leaves of trees. Some emissions from vehicles and industry undergo chemical changes, or may generate “bad ozone,” under certain atmospheric conditions. The effects on human health of both particulates and chemical compounds are extensive and can include breathing disorders such as asthma and bronchitis, sensitivity to allergens, eye irritation, and even dizziness and nausea (AIRnow 2007). Direct sunlight and hot weather drive formation of the airborne chemical irritants. Trees are an effective way to reduce surface temperatures as they block solar radiation from heating paved surfaces. Reducing urban heat island effect reduces the formation of harmful compounds in the air. 1 http://apps.leg.wa.gov/RCW/default.aspx?cite=76.15 2 http://www.ecy.wa.gov/programs/wq/stormwater/easternmanual/index.html 3 http://www.ecy.wa.gov/programs/wq/stormwater/manual.html Packet Page 281 of 319 A Guide to Community and Urban Forestry Programming June 2009 4 • Economic Development and Aesthetics Many people recognize that trees contribute to more beautiful urban settings. Trees also have a positive effect on economic development and community vitality. Well-planned tree plantings have positive impacts on retail sales and consumer behavior. Studies done at the University of Washington indicate that shoppers claim to spend up to 12 percent more for goods and services in shopping districts having a quality tree canopy. Shoppers say they will spend more time in well-canopied business districts and perceive the merchandise to be of better quality in these areas (Wolf 2009). Many studies show that trees, landscape, and natural parks increase the value of nearby homes. Residential properties that are attractively landscaped may increase up to 7% in value, and those located near forested open spaces and parks may have up to 20% greater value (Wolf 2007). Trees have a positive effect on commercial property as well; one study found that building rental rates were 7% higher for office complexes having a quality landscape (LaVerne & Winson-Geideman 2003). • Human Health and Well-Being Many people enjoy working with plants or in their gardens, yet many studies tell us that simply having views of trees and nature in urban areas can have a positive effect as well (Wolf 2008a). Patients in hospitals heal faster when they have views of trees and greenery. Office workers are more productive when they can take brief breaks in natural settings. People feel less stressed when they view trees and green space. Pediatric researchers have also noted less frequency, and milder attacks, of childhood asthma in urban areas with greater tree canopy coverage. Trees also contribute to solving the obesity epidemic by enhancing recreation and walkability through attractive tree-lined routes for pedestrians and bicycle riders (Wolf 2008b). Street trees are one approach to safer streets (Wolf 2006). The line of trees between the curb and sidewalk forms a barrier, both visual and physical, between traffic and pedestrians that creates a feeling of greater safety. Drivers respond to tree-lined streets by driving more slowly, adding another potential level of safety. Trees, and tree-planting events, have been linked to a greater sense of community connection that may help neighborhoods become safer and less susceptible to crime (Kuo 2003). Conversely, a sense of social malaise may be triggered in a treeless urban landscape. The Trust for Public Land1 has measured a variety of values that urban parks bring to a community, including user happiness and health, and “neighborhood social capital.” • Land Use, Climate Change, Energy and Carbon Regional land use patterns have a significant influence on global climate change and the overall livability of communities, neighborhoods and rural areas. Coordinated urban development that promotes higher density in established urban centers while incorporating community and urban green space and forests helps to create attractive, livable communities with efficient regional transportation and land use patterns that reduce development pressures on rural and wildland resources. Additional benefits of compact development include reduced single-occupancy vehicle trips and the associated greenhouse gas emissions; multi-modal transportation networks; and retention and conservation of farmland, forests, and open space in rural areas. Community and urban forests also mitigate climate change through energy use reduction. Properly sited trees may provide significant energy savings by reducing heating and cooling energy requirements through both direct protection of buildings from sun and wind, and the use of vegetation to reduce the amount of thermal gain across large urban areas, commonly referred to as the “urban heat island effect”. Forested neighborhoods (i.e., those with 40 percent tree canopy coverage) may save homeowners more than 4 percent in heating costs in the 1 http://www.tpl.org/ Packet Page 282 of 319 A Guide to Community and Urban Forestry Programming 5 June 2009 winter and 10 percent in cooling costs in the summer. Energy savings may be as high as 30 percent when trees are properly sited to protect the home from the effects of sun and wind (Akbari et al. 1997). Community and urban forests may also help mitigate climate change by sequestering or storing carbon, although the benefits and tradeoffs of urban tree sequestration are still under investigation. At the present time carbon markets are not well-established nationally and current markets are extremely administratively intensive. Communities may wish, however, to position themselves for participation in future carbon markets by considering steps such as baseline inventories and management programming as recommended by the TAC and DNR, and the 2008 Climate Action Team’s Forest Sector Working Group1, convened by Washington’s Governor and Legislature. Carbon gains in urban areas are more likely to be found through reduced energy use as described above, which in turn reduces carbon emissions associated with energy production. In addition, tree-lined transportation corridors provide pleasant, safe walkable routes that people may choose to experience by walking or bicycling, thereby reducing vehicle greenhouse gas emissions. • Wildlife, Fish and Habitat Urban trees provide nesting and roosting sites for birds and other wildlife, as well as a wide range of insects and fruits that serve as important food sources. Urban trees also play a role in protecting aquatic habitats used by salmon and forage fish through their shade which cools water, better water quality through stormwater and erosion control, and nutrient cycling. In an urban setting, green corridors may support diverse wildlife species as well as provide important connectivity within an often fragmented landscape. Forested riparian corridors may enhance salmon survival by shading water to maintain cool water temperatures and ensuring a diversity of microorganisms and other food sources (Brennan 2007). Trees adjacent to marine shorelines harbor terrestrial insects that provide food for salmon and other fish species, and moderate beach temperatures, reducing the potential for desiccation of fish eggs (Brennan 2007). In the Pacific Northwest, urban stream corridors often connect the marine or riverine environment to smaller stream networks upstream, and thus can support—or disconnect—water quality and fisheries enhancement efforts. Although urban forests cannot fully mitigate the hydrologic consequences of urban development, they can help to keep streams healthy by reducing the extremes of stormwater discharge, which in turn helps to reduce erosion and allows for more consistent, long-term groundwater discharge. Such moderation provides more water in streams during summer low- flow periods for salmon and other aquatic species. Roots of live trees also protect against erosion and sedimentation of streams and shorelines (EnviroVision 2007). Forest structure is a critical component of wildlife habitat. Structural elements that contribute to healthy wildlife populations include a diversity of tree species, ages and sizes, with an understory of native shrubs and ground cover. Snags (standing dead trees) and nurse logs (downed dead trees) also provide important structural elements for wildlife habitat, and should be considered during planning. Finally, urban trees help keep people connected to the natural world through wildlife viewing as well as their own intrinsic nature. 1 http://www.ecy.wa.gov/climatechange/2008FAdocs/11241008_forestreportversion2.pdf Packet Page 283 of 319 A Guide to Community and Urban Forestry Programming June 2009 6 3. PRINCIPLES FOR POLICY DEVELOPMENT The following elements are important considerations in developing a program that supports healthy urban forests and the ecological, social and economic benefits they confer in an efficient, effective manner that is consistent over time. Community and urban forestry policy typically includes references to natural as well as human systems, and may include discussion of both tree-related and broader community-based goals and objectives. Policy principles communicate the shared vision that a community has for, and about, its trees. Such principles, expressed as brief statements, may be found in a community’s comprehensive plan, in its urban forestry management plan, and/or as the opening statements of a tree ordinance. Public discussions about such statements help to build public awareness of the importance of the community and urban forestry resource. Referencing best practices supported by current science makes the policy statements credible throughout community debate about policy priorities. A. POLICY PRINCIPLES The following policy principles offer several ideas to begin the process of expressing the values that a community holds for its trees. The list below, while not all-inclusive, serves as a framework for discussion about the benefits and challenges of trees within communities. Principles such as these should be incorporated into ongoing planning and management efforts, while also bearing in mind the community’s other activities, programs and goals such as the location and intensities of land uses, parks and open spaces, and the location of major utility and infrastructure corridors. • General Statements of Vision and Purpose A healthy urban forest contributes to the economic vitality of the community, provides environmental stability and resiliency, and ensures a better quality of life. Trees provide important ecological, economic and social functions and benefits in urban landscapes that should be recognized, protected, and enhanced where possible. Protecting the environment and conserving natural resources is a priority and is essential to maintaining healthy, vital and safe neighborhoods. Urban natural resources and urban natural systems, including trees and forests, are important for public health, economic development, education and community values. • Protect, Preserve, Restore and Enhance the Community and Urban Forest Protect, restore and improve existing vegetation that has environmental, wildlife and aesthetic value. Such vegetation may include groves of trees, significant individual trees or tree stands, forested hillsides, and vegetation associated with wetlands, stream/wildlife corridors and riparian areas. Healthy retained and restored forests and natural systems provide benefits and services that are essential for human health and well-being. Forested natural areas form the green infrastructure of a community, contributing to better air and water quality, as well as benefiting other ecosystem services. Invasive species that are destructive to forest health must be controlled and eradicated where possible. • Manage the Community and Urban Forestry Resource for Maximum Benefit Initiate and promote appropriate urban tree management practices in high density, mixed-use areas in order to improve quality of life for all district users and create more Packet Page 284 of 319 A Guide to Community and Urban Forestry Programming 7 June 2009 livable conditions, to include visual amenities, environmental services and economic development. Trees and understory vegetation retain stormwater, reduce erosion, buffer water bodies from polluting runoff, and clean the air of airborne pollutants. As the extent and health of an urban forest increases, so does its capacity to provide these green infrastructure benefits in greater amounts. An urban forest that is managed sustainably is healthier—allowing more trees to mature and more species to thrive. Healthy forests ultimately increase the ecological, social, and economic benefits of the forest and improve forest management. Encourage the use of science-based Best Management Practices (BMPs) to protect and enhance community trees and forests. A well-managed community and urban forest builds capacity for increased benefits and services over time, one of the few municipal assets that appreciates in value and capacity over time. Each community department with responsibility for the urban forest should share standardized maintenance practices. Standardized practices increase overall consistency in how trees are maintained, resulting in better tree health and longevity. • Promote Stewardship and Enable Community Education and Action Develop community-wide programming to enhance the community’s awareness of the value of trees and the urban forest. Knowledgeable citizens improve and enhance the quality of the urban forest through greater engagement in the care and maintenance of trees and related resources. Educate families and children about the natural world to benefit the health and wellness of people and wildlife. Develop programming that leverages the commitment and interest of citizens to support environmental stewardship that works collaboratively to increase wildlife habitat and other natural systems, and to generate greater public awareness of community and urban forestry issues. Benefits of community stewardship are numerous: increased community leadership and civic engagement; creation and protection of more viable habitats for wildlife; improved greenways and stream corridors; and a greater understanding by citizens of their individual and combined impacts on natural systems. • Optimize Opportunities for Partnerships in Urban Forest Preservation and Enhancement A community—residents and businesses alike—that is provided a clear picture of the priorities, scope, timing, and resources for achieving a thriving urban forest is more likely to invest their energy and resources to help achieve that vision. Community trees must be actively cared for and managed to maintain a healthy, safe existence and coexist well with homes, streets, infrastructure/utilities, businesses, parks, and natural areas. An urban forest management plan that provides the public with a vision for a healthy and sustainable urban forest, as well as a roadmap for getting there, will inspire more people to become informed and involved as stewards to guide and support future sustainable tree practices and policies. Outreach programming should inspire community partnerships with other local organizations, schools, and agencies, and will result in greater awareness and understanding of the importance of protecting and caring for community and urban forests. Packet Page 285 of 319 A Guide to Community and Urban Forestry Programming June 2009 8 • Promote the Use of Incentives to Leverage Community and Urban Forestry Goals Broader community support for tree conservation and planning can be built through positive appeals for best practices that include voluntary and incentive-based programs, such as stormwater utility credits, certified wildlife habitat, density/building height bonuses, streamlined permit review, adjusted setback or parking requirements, and property or impact fee reductions. • Provide Urban Forest Resources Equitably Across the Community The local jurisdiction (city, town, county or tribe) and its partners (e.g., local communities, organizations, etc.) should allocate community and urban forest resources in a manner that recognizes geographic, racial and social equity. Community and urban forest benefits should be equitable for all residents of a community. All residents within a jurisdiction deserve the benefits of a healthy urban forest. • Transportation and Utilities Planning and management of urban forests and trees must take into account urban utility infrastructure. Location and type of trees in proximity to aboveground and underground utilities must be considered in order to avoid damage to both the utility’s infrastructure as well as to the forest and trees. Transportation corridors may provide excellent opportunities for tree and shrub planting when safety and design guidelines are taken into consideration. Partnerships with public works departments, transportation and utility organizations are encouraged. B. CONSIDERATIONS FOR POLICY IMPLEMENTATION • Costs Local governments must consider the costs associated with community and urban forestry programs in addition to the benefits of a local urban forestry program. Careful planning of program costs will help provide a defensible basis for budget requests and grant proposals, as well as determine eligibility for federal, state, and local funding assistance. Program costs that may be considered include inventory and assessment of the community’s trees; long-range implementation plans; development of a management plan including maintenance activities; formation of a tree board or urban forestry commission; the adoption and enforcement of ordinances and code; public outreach and education; and tree evaluation and appraisal. • Relationship to Other Programs, Plans and Policies Vital, livable communities have a number of responsibilities and requirements to fulfill toward their citizens, both residential and commercial. Community and urban forestry principles and practices should be integrated into the land use, transportation, parks and open spaces, and capital facilities plans and programs to maximize the ecosystem benefits described elsewhere in this document. These elements should be crafted collaboratively with reference to each other to avoid unintended consequences and the highest achievement of community benefits. It is important that there be deliberate discussions about the tradeoffs that will occur over time to accommodate future growth and change as policies are established concerning the location and maintenance of trees within a community. A thoroughly integrated program may also assist with compliance and implementation of other state and local programs. As local governments are increasingly being held responsible for implementing pollution control and ecosystem restoration projects, community and urban forests, along with other green infrastructure features, should be viewed as strategic tools for compliance. For example, community and urban forestry programs may help communities Packet Page 286 of 319 A Guide to Community and Urban Forestry Programming 9 June 2009 manage flooding and stormwater runoff to mitigate discharges into Puget Sound, as required in the Land Use Element of the Growth Management Act (RCW 36.70A.070(1) Land Use Element1). In addition, Environmental Protection Agency (EPA) regulations for both Phase I and Phase II stormwater permits allow communities to include urban forestry in their best management practices. Programs that protect and restore trees in riparian areas may work hand-in-hand with local Shoreline Master Plans, which must ensure no net loss of shoreline ecological functions (WAC 173-26-2212). Protecting and enhancing community and urban forests may also help meet air pollution mandates as well as mitigate the effects of greenhouse gases. Because smog formation is directly related to air temperatures in the lower atmosphere, the ability of trees to moderate temperatures in urban areas may also help to reduce smog. • Evaluation, Monitoring and Adaptive Management Communities that incorporate community and urban forestry principles into planning processes must consider how to evaluate their programs to ensure maximum efficiency and effectiveness. Clear, measurable goals and objectives must be set, with reasonable timelines for implementation. Management plans must have the flexibility to adapt to new information as a result of monitoring outcomes, or changes in best management practices based on best currently available research. 4. COMMUNITY AND URBAN FORESTRY INVENTORY AND CANOPY ASSESSMENT The DNR Urban and Community Forestry Program (UCF), with the assistance of the Technical Advisory Committee (the TAC), is charged with the development of inventory and assessment protocols along with a project implementation plan under the ECA. The TAC and UCF have worked closely with CTED to assure that inventory criteria are designed to meet the goals and objectives of urban forestry management plans and tree ordinances. Similarly to CTED and the Task Force, funding is not available for the Fiscal Biennium 2009-2011, causing a suspension of activity in this arena as well. The Task Force and the TAC recognize, however, that evaluation of the resource through inventories and assessments are an important first step toward sustainable community and urban forestry management and programming. An inventory catalogues existing trees and their associated attributes while an assessment evaluates the state of the existing forest resource. Both are valuable and essential tools in identifying current maintenance and management needs and setting future goals. Analysis of the resulting information may be used to determine both baseline conditions and to set long- term goals regarding specific achievable conditions for a community’s forest resource, which are important both to develop an accurate, effective management plan for the resource and to set measurable goals to evaluate program efficiency and efficacy. 1 http://apps.leg.wa.gov/RCW/default.aspx?cite=36.70A.070 2 http://apps.leg.wa.gov/WAC/default.aspx?cite=173-26-221 Packet Page 287 of 319 A Guide to Community and Urban Forestry Programming June 2009 10 Community and urban tree inventories typically focus on city-managed street, park and/or natural-area trees. It is important to remember, however, that a community forest is much larger than the public tree component; the majority of trees comprising a community forest canopy are actually located on private property. Forest canopy assessment through the use of remote sensing technology such as aerial photography or satellite imagery captures the total effect of all trees within a community and, thus, is a major component of the ECA recommended inventory and assessment protocol. The core data set recommended by the TAC for use in ground-based inventories is designed to provide communities sufficient information to assess the forest resource, address local management needs, and develop a site-specific management plan. This basic data set will also provide the information necessary to use the i-TREE1 analysis tools developed by the USFS, should a community desire to do so. Communities may choose to collect additional information beyond the required data elements to address their particular management goals. For more information about the work and recommendations of the TAC, as well as the pilot project details, please refer to the TAC report2 available on the DNR website. 5. ELEMENTS OF COMMUNITY AND URBAN FORESTRY MANAGEMENT PLANS While the Task Force did not have time to fully develop model community and urban forestry management plans, the following elements are important points to consider when developing a strong, thoughtful management plan, an important step in fostering sustainable community and urban forestry programming and achieving healthy forest systems. A management plan conveys a vision for the resource in practical terms, based on the distinctive character and context of a community, and helps to establish consistency and coherence in long-range planning even should changes occur in local administration. A management plan is an expression of purpose that identifies how community and urban forests and other ecosystems may aid the community in achieving its broader planning goal. An urban forestry program may also be guided in its larger purpose by a strategic plan. Strategic plans establish long-term over-arching goals and objectives for a community’s urban forestry efforts in order to provide a logical process for programmatic development, and may function as a framework for interagency cooperation toward the incorporation of urban forestry principles into general community planning and infrastructure maintenance. Management plans, by contrast, tend to be more specific to the field operations of a tree program. This section focuses on recommendations for urban forestry management plans. A. SCOPE OF A MANAGEMENT PLAN A key decision early in the process of drafting a management plan is the scope of applicability of the document. Most plans begin by addressing those trees under the jurisdiction of the community or municipality, such as trees in parks, open space lands, street rights-of-way, and other publicly-owned properties. The next tier may include trees on properties owned or managed by other public entities such as school districts, water districts, and public utility 1 http://www.itreetools.org/ 2 http://www.dnr.wa.gov/researchscience/topics/urbanforestry/pages/rp_urban_eca_tac.aspx Packet Page 288 of 319 A Guide to Community and Urban Forestry Programming 11 June 2009 services. A final management arena, perhaps the most difficult to scope and implement, involves trees on privately-owned property, including trees in commercial areas such as parking lots and commercial building complexes; residential areas, including both single and multifamily housing; dedicated open space lands owned and managed by homeowners’ associations; and vacant lands that may be subject to future development. Trees in some of these designations may have been protected or planted as a condition of development plan approval. B. CONTENTS OF THE PLAN Management plans will be as varied as the communities they serve, but most contain the basic elements discussed below. A good management plan is a clear representation of the unique characteristics of the community’s forest resources and the values that local citizens hold concerning trees. In addition, the level of detail will vary among communities according to staff and other resources available. • Executive Summary An abbreviated version of major findings and recommendations should be provided, with more extensive, supporting detail following. • Introduction/Rationale The introduction should answer the key question, “Why was this plan developed?” That answer may address forest loss, forest health, community aesthetics, and environmental conditions, among others. A summary of benefits based on scientific research and studies may provide strong justification for subsequent policy and action recommendations. • Community Context A quick overview of the status of the urban forest resource should be provided, connected to the historical and cultural background of the community. Economics and trees of past times may be discussed. Heritage, historic or landmark trees in the community and their social significance may be described. The status and primary activities of any existing urban forestry program should be detailed. • Assessment Outcomes Results of a forest assessment such as a street tree inventory or canopy cover analysis should be summarized. Maps are often the best way to highlight key information provided by an assessment. Challenges, such as canopy loss, should be described and discussed. Previous past programmatic successes should be highlighted. • Needs Needs of the forest resource, the existing program, and management efforts should be described and related to the broader needs and desires of the community, such as meeting the environmental elements of the community’s comprehensive plan. • Concept and Vision The management plan builds on what has already been achieved and guides future action. It discusses specific local concerns and issues in terms of the forest resource. Some communities emphasize green infrastructure, the idea that connected forest systems across the community provide cleaner air and water, mitigate stormwater effects and reduce energy use. A related concept is that of ecosystem services, the idea that trees provide tangible and intangible goods and services that sustain basic needs, and improve human health and well-being. Communities may plan to promote a systems approach toward planning the forest resource, rather than planning for single trees or small groves, depending on the needs and desires of their citizens. Packet Page 289 of 319 A Guide to Community and Urban Forestry Programming June 2009 12 • Review of Current Practices The management plan needs to provide the context that links background information and previous actions to existing activities and practices. It should report the current work plan (e.g. conservation, planting, stewardship), along with those responsible for the work (e.g. government departments, community organizations, a tree board). Current planning documents and code/ordinances that apply to trees should be included or summarized. • Plan Goals and Objectives The management plan establishes a framework of long-term, comprehensive intentions, and becomes the “road map” for future actions. Clear goals and objectives provide a consistency and continuity of purpose and outcome over an extended time period. • Implementation Actions and Timeline Specific actions to meet the goals and objectives must be included, with detailed specifications as to who will do the work and timelines for accomplishment, with phases of work coinciding with the community’s budget cycle. Programs should be monitored so that outcomes can be measured over time, providing feedback on effectiveness and efficiency of the work plan. Goals and actions may need periodic adjustment to reflect updated information and conditions. Adaptive management through a monitoring and feedback informational loop will produce best results over time. • Appendices Appendices provide technical documentation to support the plan’s assessment and implementation efforts. This reference material may be too complex or lengthy to present in the main body of the document. 6. ELEMENTS OF A COMMUNITY AND URBAN FORESTRY ORDINANCE While the Task Force did not have time to fully develop model community and urban forestry ordinances, commonly referred to as “tree ordinances”, the following elements are important considerations in developing a program that supports healthy urban forests and the ecological, social and economic benefits they confer. Elements may be scaled to the size and needs of the community, depending on resources available and support dedicated to community and urban forestry programming. A well-crafted community and urban forestry ordinance should include discussion and support of these items: • Establishment of priorities for tree removal and replacement, possibly placing more rigorous standards for higher valued trees and higher functioning forests • Conflict resolution • Cross-referencing to other local, state and federal policies • Inclusion of urban forestry policy in the community’s Comprehensive Plan • Tree recognition program (i.e. significant trees, historical trees, Tree City USA) • Incentives for tree retention and tree maintenance (tax credits, etc.) • References to existing professional, accredited maintenance and management standards and best management practices rather than including technical detail in the ordinance itself Packet Page 290 of 319 A Guide to Community and Urban Forestry Programming 13 June 2009 Elements listed below include several important points that the Task Force recommends for consideration in addition to those listed in Section 12 of the Act. The underlying purpose of each element is described, considerations are discussed, and references to existing programs, code language or other helpful resources are given where appropriate examples are available. A community may develop topics or elements in addition to those listed, based on their own needs or desires; if such additional items are included in a management plan or policy statement, be sure that they are addressed in the related ordinance. Further ordinance-writing references and guides may be found in the Resources section at the end of this document. • General Purpose Statement Purpose: A clear purpose statement is an important organizing element in an effective tree ordinance. It states the reason for having a tree ordinance as part of an community and urban forestry program, and sets the overarching goals of the program. Considerations: A tree ordinance provides the legal authority to manage and maintain community and urban forests. Clearly identify which trees are regulated by the tree ordinance: public, private, those on the right of ways, in parks, in city jurisdiction, etc. References: International Society of Arboriculture (ISA) Tree Ordinance Guidelines1 Model Tree Ordinances For Louisiana Communities2 - scroll down to Section 2 Lacey Title 14.32.0203 Purposes and permit criteria • Tree Canopy Cover Purpose: For the past decade, the benefits of urban forestry (stormwater/runoff abatement, pollution, shade) have been quantified through analysis of tree canopy cover for a community, with optimal percentages proposed for various land uses, as well as target coverages for a community working toward realizing maximum benefit from its urban forest. A goal that states an optimal percentage of tree canopy cover that a community wants to pursue will further support its ordinance and urban forestry program. Considerations: Canopy coverage goals should be included in purpose and intent sections of an ordinance as an overall goal. References: DNR’s TAC inventory and assessment report4 American Forests Ecosystem Analysis5 NCDC Imagining, Inc. projects6 • Tree Conservation and Retention Purpose: Tree conservation encompasses all aspects of tree management – installation, maintenance, retention, preservation, removal and replacement. Tree ordinance components and requirements must point to the ultimate goal of appropriate tree conservation to ensure optimal benefit and provide a firm basis for continuing tree care and public education. 1 http://www.isa-arbor.com/publications/tree-ord/ordprt1a.aspx#Goals 2 http://www.greenlaws.lsu.edu/modeltree.htm 3 http://www.ci.lacey.wa.us/lmc/lmc_main_page.html 4 http://www.dnr.wa.gov/researchscience/topics/urbanforestry/pages/rp_urban_eca_tac.aspx 5 http://www.americanforests.org/resources/rea/ 6 http://www.ncdcimaging.com/page.asp?id=175&name=Projects Packet Page 291 of 319 A Guide to Community and Urban Forestry Programming June 2009 14 Considerations: Retention and conservation goals should be included in purpose and intent sections of an ordinance as an overall goal. References: Olympia Title 16.561 Landmark Tree Protection Olympia Title 16.602 Tree density protection and replacement Bellevue Title 20.20.9003 Tree retention and replacement • Tree Density Purpose: Promoting a target tree density in a community helps to further conservation efforts toward optimal tree canopy cover. Considerations: Minimum tree densities are typically required for sites under development or redevelopment, when appropriate, to ensure a minimum canopy coverage is achieved through a combination of retention, allowable removal and required replacement. Other opportunities to address tree density occur when tree removal is requested that is not related to development. Examples of density measurements include actual measurements of tree crowns through aerial photography analysis, stem counts that enumerate actual trees, and diameter measurements that correlate to predetermined “tree units”. The most popular is the diameter measurement due to ease of administration and a reasonable correlation of density to a common measure. References: Vancouver Title Section 20.770.0804 Tree Density Requirement Kirkland Title 95.355 Tree Retention, Protection and Density Olympia Title 16.60.0806 Tree density requirement • Tree Spacing Purpose: Tree spacing ensures adequate space for individual trees to grow, develop and thrive in order to provide the highest possible benefit and services. Considerations: Growing space both above and below ground must be considered. It is best to link to outside documents (such as American National Standards Institute [ANSI] standards, BMPs, etc.), rather than spell out detailed specifications in the ordinance itself, as this allows for more flexibility and more timely updates as best practices improve through research, and precludes the need to amend the ordinance for such changes. References: street tree specifications from other jurisdictions public works street specifications and standards experienced urban forestry consultants 1 http://olympiamunicipalcode.org/ 2 http://olympiamunicipalcode.org/ 3 http://www.cityofbellevue.org/bellcode/Bluc2020.html#20.20.900 4thttp://www.cityofvancouver.us/MunicipalCode.asp?menuid=10462&submenuID=10478&title=title_20&ch apter=770&VMC=080.html 5 http://kirklandcode.ecitygov.net/KirklandZC_html/kzc95.html#95.35] 6 http://olympiamunicipalcode.org Packet Page 292 of 319 A Guide to Community and Urban Forestry Programming 15 June 2009 • Vegetated Stormwater Runoff Management Purpose: Trees and associated vegetation coverage are directly linked to stormwater mitigation and should be aligned during planning to ensure proper placement of increased community and urban tree cover in order to reduce and filter stormwater runoff. Considerations: Consult with local, state, regional and/or federal stormwater management manuals for guidance. Prioritize locations for tree and vegetation retention and replacement; for example, stormwater facilities and buffers for sensitive areas can be high priority locations for retention and replacement efforts. Trees intercept and store precipitation in leaves and bark, as well as storing water in trunk, twig and leaf tissues. For example, a mature Douglas-fir may hold up to 300 gallons of water throughout its structure. References: Department of Ecology (DOE) Stormwater Manual for Western Washington1 DOE Stormwater Manual for Eastern Washington2 US Environmental Protection Agency report, “Using Smart Growth Techniques as Stormwater Best Management Practices3,” identifies urban tree canopy as an innovative and sustainable means to dramatically reduce stormwater runoff and the costs associated with stormwater management. • Clearing, Grading, Protection of Soils Purpose: Vegetation protects soils, provides permanent erosion control and reduces surface stormwater runoff. Erosion control should be specified for projects requiring manipulation of the soil in order to preserve this precious resource to the best extent possible. Clearing for new development must take into consideration not only possible required tree retention, but ensuring that tree tracts preserve the best trees in the healthiest way possible within the site constraints. Manipulation of the soil such as grading has potential detrimental impacts on tree roots, and should be conducted in accordance with best management practices for protection of critical root zones. Considerations: Consult with stormwater manuals for information about clearing and grading impacts. Protection of water quality is a major consideration in developing erosion control specifications. Protection of the critical root zone around urban trees during construction, planting, and maintenance will help to preserve their health and structural integrity to ensure maximum ecological benefit and ongoing safety. References: Washington State Department of Transportation (WSDOT) Standard Specification for Road Bridge and Municipal Work4, 1-07.16(2) WSDOT Highway Runoff Manual5 City of Olympia Urban Forestry Manual6 1 http://www.ecy.wa.gov/biblio/0510029.html 2 http://www.ecy.wa.gov/biblio/0410076.html 3 http://www.epa.gov/dced/pdf/sg_stormwater_BMP.pdf 4 http://www.wsdot.wa.gov/publications/manuals/M41-10.htm 5 http://www.wsdot.wa.gov/publications/manuals/fulltext/M31-16/HighwayRunoff.pdf 6 http://www.olympiawa.gov/city-government/departments/community-planning-and-development/forms- and-brochures-cpd.aspx#Urban Packet Page 293 of 319 A Guide to Community and Urban Forestry Programming June 2009 16 • Appropriate Tree Selection and Siting Purpose: Planting the “Right Tree in the Right Place” eliminates many potential future conflicts, particularly with overhead utilities. With the advent of solar and wind-generated power, it becomes even more important to plan tree planting locations and choose an appropriate tree variety. Maintenance costs may be considerably reduced through choosing varieties that are not only of correct size and shape, but are adapted to local climate and conditions. Tree care costs related to pest and disease control and irrigation may be significantly reduced through selecting trees appropriate to the local conditions. Considerations: An ordinance should link to a list of recommended trees rather than contain it, so that the list may be reviewed and updated as new information becomes available. Some jurisdictions find it useful to also have a “prohibited” or “restricted use” list of tree varieties to reduce the use of problematic or invasive trees. Adequate growing space both above and below ground will ensure well-shaped trees that are healthier and structurally safer for maximum cost/benefit. Line-of-sight standards and utility constraints must be considered when siting trees; guidelines for utility-appropriate trees are typically available through utility providers or wholesale nurseries. ANSI A300 standards for nursery stock may be linked to the ordinance to ensure quality young trees are provided for projects; minimum size standards for different planting types (i.e., street tree planting, reforestation/restoration planting) may be indicated as well. References: “The Right Tree for the Right Place” – Tree City USA Bulletin #41, The Arbor Day Foundation ISA BMP - Tree Planting2 Refer to local public works standards for line-of-sight clearances, side sewers, water lines, and any on-site drainage requirements. Consult with utilities regarding potential utility conflicts. Check tree selection and spacing guidelines in tree manuals and nursery publications. • Native Species and Non-native Species Diversity Purpose: Diversity of tree ages and species ensures a healthier, more resilient ecosystem capable of responding more easily to insect and disease threats, and changes in climate and other environmental conditions. Considerations: Planting native vegetation species should be encouraged where appropriate; however, in many urban settings, native soils and hydrology have been severely impacted. Native tree species may be less capable of coping with urban stresses than introduced varieties. To the extent possible, match what is known of the native habitat of a tree species with existing conditions. Consult with surrounding communities and the Washington State University Cooperative Extension Service (WSU Extension) to avoid introducing invasive tree species. Jurisdictions should plan for diversity in planting to avoid losing major tree canopy through epidemic disease such as Dutch elm disease or infestation such as emerald ash borer. An up-to-date inventory can help to plan continuing tree planting efforts in order to maintain tree age diversity as well. 1 http://www.arborday.org/Shopping/Merchandise/MerchDetail.cfm?id=129 2 http://secure.isa-arbor.com/webstore/Best-Management-Practices-Series-BMP-Tree-Planting- P256C59.aspx Packet Page 294 of 319 A Guide to Community and Urban Forestry Programming 17 June 2009 References: Local knowledge of successful tree species and varieties is extremely helpful. Local nurseries, the WSU Extension and Master Gardeners are useful resources. Experienced urban forestry consultants • Centralized Tree Management Purpose: This element ensures that there is a responsible party to administer and enforce the code, as well as carry out the planning and maintenance activities described elsewhere in the ordinance and/or management plan. Considerations: A department, tree commission or board, or designated staff position must be given the authority to manage the urban forestry program. There may additionally be a requirement that all departments that perform work related to trees (including planning, street and sidewalk maintenance, signs and signals, public utilities, transportation, parks, field inspectors, etc.) shall coordinate efforts and perform work to the same standards. Several jurisdictions further add that “no person may prevent, delay or interfere with this person, department, or any city employee in the administration or enforcement of this ordinance.” References: Vancouver Chapter 12.021 URBAN FORESTRY COMMISSION Walla Walla Chapter 12.49.0302 Municipal arborist – Duties and powers Everett Section 8.40.0703 Tree committee • Tree Maintenance Purpose: Correct, timely maintenance of trees protects the public’s investment in the urban forest resource and enhances the health, safety, and welfare of the community. The community and urban forest constitutes a vital environmental, historic, visual, and economic resource that provides benefits to all who live, work, play and shop in a community. Considerations: Clearly identify who is responsible for tree maintenance. In some jurisdictions the property owner is responsible for public trees adjacent to his/her property; in others the local jurisdiction is responsible for all public tree maintenance. Permitting may be required of residents for work they wish to perform to trees regulated by the local community. Professional standards such as those outlined in the ANSI A300 standards for tree care and maintenance should be linked to the ordinance, and enforced. All departments that perform work related to trees should be fully trained in proper maintenance activities and coordinate efforts. Standards and specifications should reference not only street trees, but all trees on publicly-owned properties (parks, stormwater facilities, etc.). Some jurisdictions require all tree workers working within their boundaries to be certified by a professional arboricultural organization. References: ISA BMP – Tree Pruning4 ISA BMP – Integrated Pest Management5 1thttp://www.cityofvancouver.us/MunicipalCode.asp?menuid=10462&submenuID=10478&title=title_12&ch apter=02&VMC=index.html 2 http://www.codepublishing.com/WA/WallaWalla/wallawalla12/wallawalla1249.html#12.49.035 3 http://www.mrsc.org/mc/everett/everet08/everet0840.html#8.40.070 4 http://secure.isa-arbor.com/webstore/Best-Management-Practices-Series-BMP-Tree-Pruning- P177C59.aspx 5 http://secure.isa-arbor.com/webstore/Best-Management-Practices-Series-BMP-Integrated-Pest- Management-P308C59.aspx Packet Page 295 of 319 A Guide to Community and Urban Forestry Programming June 2009 18 ISA BMP – Tree and Shrub Fertilization1 Vancouver Chapter 12.042 STREET TREES ANSI A300 standards – Integrated Vegetation Management, Pruning and Fertilization3 Everett Chapter 8.40.0404 Management program Port Orchard Municipal Code §16.20.7005 - View Protection Overlay District • Street Tree Installation and Maintenance Purpose: The points made above in “Appropriate Tree Selection and Siting” and “Tree Maintenance” apply here as well, with the additional responsibility of managing trees in corridors of high traffic volume and greater potential risk to public safety. Considerations: Developers of new residential and commercial development are responsible in many jurisdictions for planting street trees, but bear no further responsibility for maintenance or care. A few jurisdictions require performance bonds ranging from 3 to 5 years to ensure adequate establishment of required tree plantings. In some jurisdictions, property owners have the responsibility to install and maintain street trees and reduce tree related hazards. However, due to increased risk management issues, many jurisdictions prefer to install, maintain, and care for street trees themselves, particularly on major arterials. Proper selection, installation, siting, and maintenance has been shown to significantly reduce risk associated with street trees in high traffic corridors, as well as potentially increasing the services and benefits that such trees provide. Minimum standards for quality and size must be provided, and enforced. References: ISA BMP – Tree Planting6 ISA BMP – Tree Pruning7 ISA BMP – Integrated Pest Management8 ISA BMP – Tree and Shrub Fertilization9 Vancouver Title12.0410 STREET TREES Olympia Title 1211 - STREETS, SIDEWALKS AND PUBLIC PLACES Edmonds Chapter 18.8512 STREET TREES 1 http://secure.isa-arbor.com/webstore/Best-Management-Practices-Series-BMP-Tree-and-Shrub- Fertilization-P174C59.aspx 2thttp://www.cityofvancouver.us/MunicipalCode.asp?menuid=10462&submenuID=10478&title=title_12&ch apter=04&VMC=index.html 3 http://secure.isa-arbor.com/webstore/Combo-packages-C36.aspx 4 http://www.mrsc.org/mc/everett/everet08/everet0840.html#8.40.040 5 http://www.cityofportorchard.us/docs/city_clerk/Land_use_devl_reg.pdf 6 http://secure.isa-arbor.com/webstore/Best-Management-Practices-Series-BMP-Tree-Planting- P256C59.aspx 7 http://secure.isa-arbor.com/webstore/Best-Management-Practices-Series-BMP-Tree-Pruning- P177C59.aspx 8 http://secure.isa-arbor.com/webstore/Best-Management-Practices-Series-BMP-Integrated-Pest- Management-P308C59.aspx 9 http://secure.isa-arbor.com/webstore/Best-Management-Practices-Series-BMP-Tree-and-Shrub- Fertilization-P174C59.aspx 10thttp://www.cityofvancouver.us/MunicipalCode.asp?menuid=10462&submenuID=10478&title=title_12&c hapter=04&VMC=index.html 11 http://www.olympiamunicipalcode.org/A55799/Oly-muni- PUBLIC.nsf/1.%20Title/Chapter?OpenView&Start=1&Count=30&Expand=12.12] 12 http://www.mrsc.org/mc/edmonds/edmonds18/edmonds1885.html Packet Page 296 of 319 A Guide to Community and Urban Forestry Programming 19 June 2009 • Tree and Vegetation Buffers Purpose: Healthy and sustainable vegetated buffers help to ensure optimal functionality of wetlands, riparian zones and similar locations. Well-planned tree retention tracts and buffers reduce utility conflict through assessment and analysis of potential locations within a development site. Considerations: Planning and design for tree and vegetation buffers must consider the inherent risk to transportation and utility corridors, as well as potential risk to homes, schools, hospitals and other structures. Jurisdictions should work closely with local utility providers to identify utility corridors and coordinate planning and development of retained tree tracts and buffers. Long, narrow tracts or buffers consisting of retained native trees should be avoided, as these are particularly prone to windthrow once the supporting stand has been removed. Retention of single trees has not been successful over the long term using dense development standards; such individual trees tend to sustain considerable root damage during construction and are easily blown over due to both root damage and to loss of the supporting stand. References: Buffer requirements for sensitive areas may be found in community development and critical area codes Riparian buffer regulations Consult with local utility foresters to learn more about local utility concerns and issues. • Tree Assessments for Site Permitting Purpose: Assessment and evaluation of trees and tree stands during site planning and permitting ensures retention of healthy trees in the most appropriate manner, as well as adequate protection of viable trees during the development and construction processes. Considerations: A complete forestry report by a qualified professional that contains an inventory of trees on the site and discusses the health, structural integrity and risk assessment should be part of the permitting process for new development and/or redevelopment. Trees adjacent to the development site that may be impacted by development and/or construction processes should be included in the documentation. Particular site-related issues that may impact the long-term viability of the retained tree tract (steep slopes, laminated root rot, etc.) should be noted and discussed in detail. Long, narrow tracts or buffers consisting of retained native trees should be avoided, as these are particularly prone to windthrow once the supporting stand has been removed. Retention of single trees within a development have not been shown to be successful over the long term; such individual trees tend to sustain considerable root damage during construction and are easily blown over due to both root damage and to loss of the supporting stand. References: Kirkland Chapter 95.351 Tree Retention, Protection and Density Olympia Chapter 16.60.0502 Tree plan required Vancouver Section 20.770.0503 Tree Plan Required 1 http://kirklandcode.ecitygov.net/KirklandZC_html/kzc95.html#95.35 2 http://olympiamunicipalcode.org/ 3thttp://www.cityofvancouver.us/MunicipalCode.asp?menuid=10462&submenuID=10478&title=title_20&ch apter=770&VMC=050.html Packet Page 297 of 319 A Guide to Community and Urban Forestry Programming June 2009 20 • Tree Protection During Construction Purpose: Protecting existing trees from damage or removal on a site is important in retaining the ecosystem services those trees contribute to the community. Protecting trees during construction ensures that trees identified as having long-term benefit to the community retain their health and structural integrity, which is necessary for continued public health and safety. Considerations: Trees and their root systems require protection from disturbance and compaction during construction in order to remain healthy and safe. The ISA has developed a “rule of thumb” guideline for the Critical Root Zone (CRZ) area of retained trees that should be protected from construction impacts: one foot from the base of the trunk (radius) for each one inch of trunk diameter at 4.5 feet above grade. Several jurisdictions have detailed specifications for protection measures, including fencing of the CRZ during construction, especially on new construction. Missing or inadequate safeguards may render a tree tract hazardous through damage to trunks and roots, thereby raising risk factors to an unacceptable level. References: ISA BMP – Managing Trees During Construction1 WSDOT Standard Specification for Road Bridge and Municipal Work2, 1-07.16(2) Vegetation Protection and Restoration Redmond Chapter 20D.80.20-1003 Protection Measures Olympia Chapter 16.60.0904 Tree protection during construction City of Olympia Urban Forestry Manual5 • Forest Condition for Different Land Use Types Purpose: This element is intended to provide options and a range of forestry opportunities for the possible range of land uses in communities. Considerations: Community and urban forests consisting of different species, sizes, densities, percent canopy coverage, and heights may be indicated for different land use zones, such as residential, commercial, parks, etc. A jurisdiction may also incorporate additional opportunities, such as the retention of existing trees on site, supplemental planting, or the creation of stands of trees. Vancouver and Kirkland have different retention requirements for single-family, multi- family and commercial. Maintenance and management of view corridor planning overlays, if identified, must be taken into consideration as well. References: Bellevue Chapter 20.20.9006 Tree retention and replacement. Sections D, E, F, and G contain different requirements for differently zoned development. Clyde Hill Chapter 17.387 View Protection and Tree Removal 1 http://secure.isa-arbor.com/webstore/Best-Management-Practices-BMP-Managing-Trees-During- Construction-P394C59.aspx 2 http://www.wsdot.wa.gov/publications/manuals/M41-10.htm 3 http://www.mrsc.org/mc/redmondcdg/cdg20D8020.html#20D.80.20-100 4 http://olympiamunicipalcode.org/ 5 http://www.olympiawa.gov/city-government/departments/community-planning-and-development/forms- and-brochures-cpd.aspx#Urban 6 http://www.cityofbellevue.org/bellcode/Bluc2020.html#20.20.900 7 http://www.mrsc.org/mc/clydehill/clyde17.pdf#Page=31 Packet Page 298 of 319 A Guide to Community and Urban Forestry Programming 21 June 2009 • Public Education and Support Purpose: Urban forestry can be a powerful tool to aid in building strong, vital, sustainable communities. Establishing an environmental and stewardship ethic helps bring the importance of the tree canopy—a community asset that functions for the common good—to the forefront of public awareness. Such awareness is important to create and foster ongoing support for future program development and needs. Considerations: Development of a citizen tree board or commission in addition to municipal staff can be useful in implementing educational programs and soliciting community engagement in urban forestry programming. Celebrate Arbor Day. Partner with local organizations such as schools, garden clubs or libraries to provide educational events. While the level of public education and outreach will be largely dependent on jurisdiction’s resources, explore partnerships with local organizations to increase outreach potential. A public well-educated about best tree maintenance practices will be more engaged in day-to-day care of the community-based forestry resource. References: “Handbook for Tree Board Members” – available through the Arbor Day Foundation1 “Trees Are Good2” - ISA public education website Alliance for Community Trees3 • Tree Account Purpose: A dedicated tree account will allow penalties, fines, fees or payments in lieu of required planting and/or donations to be directly received by the urban forestry program in order to be used by the program for replanting, maintenance, additional planting, education and other activities. Considerations: Financial challenges are an ongoing concern for most community and urban forestry programs. A mechanism to capture funds associated with regulating a community’s trees provides a method to leverage those funds from tree-related fines, fees, etc. to increase the efficacy of the overall program. Some jurisdictions also provide for replacement fees or fines based on appraised replacement value of trees that have been damaged on publicly-owned property through vehicle collision or vandalism. References: Vancouver Title 20.770.0404 City Tree Account Lacey Title 14.32.066(B)5 City Tree Account Olympia 16.60.0456 City tree account • Permits and Appeals Purpose: Permits provide a standardized platform to review and approve or deny tree-related actions to ensure quality and consistency of the work. An appeal process should be linked to any permitting process, to provide for equitable conflict resolution. 1 http://www.arborday.org 2 http://www.treesaregood.org 3 http://actrees.org/site/index.php 4thttp://www.cityofvancouver.us/MunicipalCode.asp?menuid=10462&submenuID=10478&title=title_20&ch apter=770&VMC=040.html 5 http://www.ci.lacey.wa.us/lmc/lmc_main_page.html 6 http://olympiamunicipalcode.org/ Packet Page 299 of 319 A Guide to Community and Urban Forestry Programming June 2009 22 Considerations: Permits may be required for removal, planting, pruning or any other tree-related work within the right-of-way at a minimum or be more far-reaching, as desired by the community. Some jurisdictions require that any and all tree work performed within jurisdictional borders must be performed by a tree worker certified by a professional arboricultural organization. Some jurisdictions require permits for tree work performed on private property as well, at no charge, in order to have the opportunity to review the intended work. Particularly in the case of tree removals, staff may use this opportunity to educate the consumer on other options that may be available, as well as discuss minimum tree density requirements with the consumer, if such exist. References: Vancouver Section 12.04.0401 Street tree work permit Walla Walla Section 12.49.2002 Appeals Lacey Section 14.32.0403 Permits • Enforcement and Penalties Purpose: Ordinances must have enforcement capabilities in order to be effective. Penalties help ensure compliance and may require restitution, such as civil fines or site restoration, for non- compliance. Considerations: Incentives and education may render enforcement obsolete; however, it is always wise to have enforcement capability associated with a tree ordinance to protect this valuable community resource most effectively. Because enforcement happens within an urban area, fines and fees should be calculated on appraised landscape value rather than wildland timber value. Fines, fees or other restitution or penalties should be received by the Tree Account to be used to support the urban forestry program, as detailed earlier in this document in the discussion of Tree Accounts. References: Vancouver Title 12.04.1004 Enforcement “Guide for Plant Appraisals, 9th Edition” - Council of Tree and Landscape Appraisers, available through the ISA5 Olympia Chapter 16.58.0706 Penalties • Alternative Compliance Purpose: Other approaches that incorporate ‘green’ elements into a site design may be offered for review; alternatively, a site that cannot comply with the provisions of the ordinance but does or can provide benefits as stated in the purpose/intent section of the ordinance will have the legal opportunity to offer valid options. Considerations: Requests to use alternative measures and procedures should be reviewed by the staff responsible for urban forestry programming to ensure that issues and concerns are adequately covered. Examples include retaining specimen or landmark trees or low impact 1thttp://www.cityofvancouver.us/MunicipalCode.asp?menuid=10462&submenuID=10478&title=title_12&ch apter=04&VMC=040.html 2 http://www.codepublishing.com/WA/WallaWalla/wallawalla12/wallawalla1249.html#12.49.200 3 http://www.ci.lacey.wa.us/lmc/title_14/chapter_14-32.htm 4thttp://www.cityofvancouver.us/MunicipalCode.asp?menuid=10462&submenuID=10478&title=title_12&ch apter=04&VMC=100.html 5 http://secure.isa-arbor.com/webstore 6 http://olympiamunicipalcode.org/ Packet Page 300 of 319 A Guide to Community and Urban Forestry Programming 23 June 2009 development techniques, including such programs as Green Building Design or Leadership in Energy and Environmental Design (LEED), which demonstrate a significant reduction to stormwater runoff from the site. References: Kirkland Zoning Code Chapter 95.251 Alternative Compliance Redmond Chapter 20D.80.10-0302 Unique or Special Circumstances • Alternatives for Safety Purpose: Potential high-risk situations must be addressed in an orderly manner to preserve public safety. This element should provide criteria by which a community or its citizens may remove trees on both public and private property which are deemed to be a severe risk to public safety and critical infrastructure. Considerations: Trees identified as “hazardous” or “at risk” should be identified as such by a certified arborist using a validated method whenever possible. Owners of trees deemed to be an imminent hazard on private property should be notified prior to removal or abatement whenever possible. Procedures for tree removals or other hazard abatement processes should be clear and flexible to protect public and property safety in the event of emergency situations. References: “A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas” - Metheny and Clark, 1994. “Tree Risk Assessment in Urban Areas and the Urban/Rural Interface3” Vancouver Chapter 12.084 HAZARDOUS VEGETATION • Alternatives and Exemptions for Utility Companies Purpose: Washington State requires utilities to provide for “the safe and uninterrupted delivery of service.” Cooperation among jurisdictions, citizens and local utility providers is essential to meet this requirement and still retain healthy, viable trees, and vegetation. Considerations: Utility providers may be granted ‘self-permitting’ privileges with an annual review of work to be accomplished within a jurisdiction. Jurisdictions and utility providers may collaborate on arboricultural training for utility workers and public outreach and education to consumers. Utility providers must be exempt, within reason, from lengthy review and permitting processes during storm events and emergency response. Exemptions or a high degree of cooperation are required for utilities in order to meet certain federal standards in conjunction with state and local mandates with regard to tree pruning and removal practices along critical infrastructure. An annual integrated vegetation management plan may be useful in addressing such issues in a positive, time-sensitive fashion. Street tree work should be coordinated with utility providers and local public works departments, including both above- and belowground disturbance such as trenching, pipe installation, curb cuts, sidewalk installation, sign installation, etc., and traffic control when needed. 1 http://kirklandcode.ecitygov.net/KirklandZC_html/kzc95.html#95.25 2 http://www.mrsc.org/mc/redmondcdg/cdg20D8010.html#20D.80.10-030 3 http://www.pnwisa.org/TRACEBulletin.pdf 4thttp://www.cityofvancouver.us/MunicipalCode.asp?menuid=10462&submenuID=10478&title=title_12&ch apter=08&VMC=index.html Packet Page 301 of 319 A Guide to Community and Urban Forestry Programming June 2009 24 References: ANSI A300 Part 1: Tree, Shrub, and Other Woody Plant Maintenance--Standard Practices, Pruning1 ISA BMP - Utility Pruning of Trees2 “Trees and Overhead Electric Wires: Proper Pruning and Selection” – available through ISA3 • Variance to Address Conflicts Purpose: Clear criteria and an equitable process should be designed for parties to work toward resolving conflicts involving trees and other structures such as solar panels, wind towers, view corridors, and utilities. Such criteria should enable a conversation about the benefits and contributions of trees that lead to a practical and workable alternative solution to removal without replacement. Considerations: Ordinances dealing with this issue emphasize a conflict resolution process rather than litigation. Proper valuation of the benefits and services of trees must be taken into consideration. The lifespan of the impacted tree versus the lifespan of the proposed structure should also be considered. Reference: Clyde Hill Chapter 17.384 View Protection and Tree Removal Redmond Section 20D.80.10-0305 Unique or Special Circumstances • Definitions Purpose: A section of definitions will provide clarification for terminology in ordinance elements, so that all users understand concepts and principles contained in the code without uncertainty regarding technical jargon. Considerations: Definitions should be simple and accurate, and reflect the intent of the ordinance. 7. EVERGREEN COMMUNITIES RECOGNITION Section 6 of the Evergreen Communities Act sets out the framework for an evergreen communities recognition program, codified in RCW 35.105.0306, which builds upon the existing Tree City USA program, created and administered nationally by The Arbor Day Foundation. While the Task Force did not have time to fully develop a recognition program, the following considerations are essential to a future program that supports healthy urban forests and the ecological, social and economic benefits they confer. Further development of program criteria and establishment of the recognition program will resume when funding is restored. 1 http://secure.isa-arbor.com/webstore/ANSI-A300-Pruning-Standard-2008-Edition-P20C21.aspx 2 http://secure.isa-arbor.com/webstore/Best-Management-Practices-Series-BMP-Utility-Pruning-of-Trees- P230C59.aspx 3 http://secure.isa-arbor.com/webstore/Trees-and-Overhead-Electric-Wires-Proper-Pruning-and- Selection-P26.aspx 4 http://www.mrsc.org/mc/clydehill/clyde17.pdf#Page=31 5 http://www.mrsc.org/mc/redmondcdg/cdg20D8010.html#20D.80.10-030 6 http://apps.leg.wa.gov/RCW/default.aspx?cite=35.105.030 Packet Page 302 of 319 A Guide to Community and Urban Forestry Programming 25 June 2009 • The award program should enable every Washington State community (city, town, county or tribe) to attain recognition. • Outstanding achievement should be rewarded with higher recognition. • The recognition program should provide for flexibility concerning community context, rather than a list of absolutes uniformly applied across all communities. A. BASIC EVERGREEN COMMUNITIES RECOGNITION The first four steps toward attaining Evergreen Community status as described in the ECA are essentially the same as the four requirements to become a Tree City USA, and will be applicable to all jurisdictions including those not currently eligible for the Tree City USA program: • The development and implementation of a tree board, tree department, or responsible department; • The development of a tree care ordinance; • The implementation of a community forestry program with an annual budget of at least two dollars ($2) for every resident; and • Official recognition of Arbor Day through a celebration and proclamation by the mayor or other community dignitary. The Task Force strongly urges any community interested in participating in the Evergreen Communities Program and its incentives to begin by implementing the Tree City USA standards, with or without recognition through the Arbor Day Foundation. Basic evergreen communities recognition as laid out in the ECA requires a fifth step in addition to the four above: • The completion of an updated community and urban forest inventory for the city, town, tribe or county or the formal adoption of an inventory developed for the city, town, tribe or county by the DNR (RCW 76.15.0701). B. PROGRAM-BUILDING STEPS A second graduated step of designation as an Evergreen Community includes adoption of evergreen community management plans and ordinances that exceed the minimum standards adopted under RCW 35.105.0502. While development of criteria and programming toward this step and any other additional graduated steps wait upon renewed funding of the ECA, the Task Force offers the following approach toward building an evergreen communities recognition program when funding becomes available. A 3-tiered (or “step” as described in the legislation) system of awards is recommended, similar in concept to LEED certification rankings of Silver, Gold, and Platinum. A community is recognized as it completes each step’s designated product, while maintaining the requirements for all prior steps that are achieved, thus building integrated urban forestry programming that builds strength upon strength incrementally. The Task Force believes that this proposal lays out a framework for an evergreen communities recognition program that potentially: • enables every Washington community to attain recognition, but also rewards ever higher achievement; 1 http://apps.leg.wa.gov/RCW/default.aspx?cite=76.15.070 2 http://apps.leg.wa.gov/RCW/default.aspx?cite=35.105.050 Packet Page 303 of 319 A Guide to Community and Urban Forestry Programming June 2009 26 • provides for flexibility concerning community context by offering a palette of choices or options, rather than a uniformly applied list of requirements across all sizes and types of communities; and • builds excellence in urban forestry programming that is integrated into long-range community planning through preferential access to a wide range of State grant and loan opportunities. • Step 1 The first step of recognition is explicitly defined in the ECA and largely adopts the requirements of the Tree City USA designation as described above, then adds a tree inventory requirement. Because Tree City USA is currently available only to cities and towns, these recognition requirements will be adapted to apply to counties and other non- municipal jurisdictions as well. • Step 2 The ECA then specifies that the second graduated step must include adoption of an urban forestry management plan. This step should include an update to the tree ordinance that is part of Step 1 in order to address the management plan’s vision and goals. • Step 3 Finally, the ECA states that the “department may require additional graduated steps and establish the minimum requirements for each.” The Task Force proposes a third step, in which a community must adopt an urban forest management plan with higher level visions and goals, and update the tree ordinance to address those. This highest level of recognition would acknowledge continuing excellence in urban forestry programming that is comprehensive and visionary in tree policy, programs, and actions. Under this vision of the recognition program, Step 3, and to some extent Step 2, would reward increasingly expanded urban forestry programming that addresses: • planning, protection, conservation and management of trees and forest groves on private property as well as public properties; and • planning and management of trees and forest groves to develop higher percentages of community canopy coverage and performance of ecosystem services. C. RESOURCES AND OPPORTUNITIES The Task Force recognizes that each of these steps represents a substantial commitment of staff and administration by a community. Renewed full funding of the ECA will ensure that resources and assistance will be available to communities. Section 3 of the ECA (RCW PLUS Packet Page 304 of 319 A Guide to Community and Urban Forestry Programming 27 June 2009 76.15.0701) indicates that the DNR will conduct a statewide community and urban forestry inventory and that these data will be made available to communities as the inventory proceeds. Sections 8 and 19 (RCW 35.105.0402; RCW 76.15.0303) provide for grants and technical assistance to communities for inventories, management plans, and code development when the Program is fully funded. Section 9 (RCW 35.105.0504) provides for the development of model management plans and ordinances by CTED and the Task Force to serve as guides for the development of locally appropriate urban forestry management plans and tree ordinances. D. INCENTIVES Sections 26 through 30 of the ECA list a wide variety of infrastructure and environmental grants and loans available through several State agencies that will provide preferential consideration to applications from communities that have achieved recognition as evergreen communities. • Section 26 (RCW 43.155.0705) – Grants and project funding through the Public Works Board • Section 27 (RCW 70.146.0706) – Water pollution control grants or loans • Section 28 (RCW 89.08.5207) – Water quality improvement and habitat protection grants • Section 29 (RCW 79.105.1508) – Aquatic lands enhancement project funding through the recreation and conservation funding board • Section 30 (RCW 79A.15.0409) – Habitat conservation grants or project funding through the recreation and conservation funding board These incentives will become operational one year after adoption of the model management plans and ordinances developed by CTED staff and the Task Force; as with the rest of the ECA, this portion is on hold due to budget constraints. 1 http://apps.leg.wa.gov/RCW/default.aspx?cite=76.15.070 2 http://apps.leg.wa.gov/RCW/default.aspx?cite=35.105.040 3 http://apps.leg.wa.gov/RCW/default.aspx?cite=76.15.030 4 http://apps.leg.wa.gov/RCW/default.aspx?cite=35.105.050 5 http://apps.leg.wa.gov/rcw/default.aspx?cite=43.155.070 6 http://apps.leg.wa.gov/RCW/default.aspx?cite=70.146.070 7 http://apps.leg.wa.gov/rcw/default.aspx?cite=89.08.520 8 http://apps.leg.wa.gov/rcw/default.aspx?cite=79.105.150 9 http://apps.leg.wa.gov/RCW/default.aspx?cite=79A.15.040 Packet Page 305 of 319 A Guide to Community and Urban Forestry Programming June 2009 28 8. REFERENCES AIRnow. 2007. Quality of Air Means Quality of Life. Washington, D.C. Available online at http://airnow.gov/index.cfm?action=jump.jump_ozone. Akbari H., S.E. Bretz, D.M. Kurn and J.W. Hanford. 1997. Peak Power And Cooling Energy Savings Of Shade Trees. Energy and Buildings 25:139-148. Brennan, J.S. 2007. Marine Riparian Vegetative Communities of Puget Sound. Puget Sound Nearshore Partnership Report No. 2007-02. U.S. Army Corps of Engineers, Seattle District, Seattle, WA. EnviroVision, Herrera Environmental, and Aquatic Habitat Guidelines Working Group. 2007. Protecting Nearshore Habitat and Functions in Puget Sound, An Interim Guide. October 2007. Page II - 42. Kuo, F. E. 2003. The Role of Arboriculture in a Healthy Social Ecology. Journal of Arboriculture 29(3):148-155. Laverne, R. J., and K. Winson-Geideman. 2003. The Influence of Trees and Landscaping on Rental Rates at Office Buildings. Journal of Arboriculture 29(5):281-290. Schwab, James. 2009. Branching Out. Planning Magazine, March 2009, 11-15. American Planning Association. Schwab, James, ed. March 2009. Planning the Urban Forest: Ecology, Economy, and Community Development. American Planning Association Planning Advisory Service, Report Number 555. 154 pp. Wolf, K. L. 2004. Trees, Parking and Green Law: Strategies for Sustainability. Stone Mountain, GA. Georgia Forestry Commission, Urban and Community Forestry. Available online at http://www.naturewithin.info/transportation.html. Wolf, K. L. 2006. Roadside Urban Trees: Balancing Safety and Community Values. Arborist News, December 2006, 15(6 ) pp. 56-58. Wolf, K.L. 2007. City Trees and Property Values. Arborist News, August 2007, pp. 34-36. Wolf, K.L. 2008a. With Plants in Mind: Social Benefits of Civic Nature. MasterGardener, Winter 2008, 2(1) 7-11. Wolf, K.L. 2008b. City Trees, Nature and Physical Activity: A Research Review. Arborist News, 17, 1:22-24. Wolf, K.L. 2009. More in Store: Research on City Trees and Retail. Arborist News 18, 2: 22-27. Packet Page 306 of 319 A Guide to Community and Urban Forestry Programming 29 June 2009 9. URBAN FORESTRY RESOURCES GENERAL URBAN FORESTRY REFERENCE A City Among the Trees: an urban forestry resource guide. City of Seattle Urban Forest Coalition. October 1998. In collaboration with Arai/Jackson Architects & Planners. 204 pp. A Handbook for Tree Board Members. Gene W. Grey. 1993. The National Arbor Day Foundation. 50 pp. A Model of Urban Forest Sustainability. J. R. Clark, N. P. Matheny, G. Cross, and V. Wake. January 1997. Journal of Arboriculture 23(1 ): 17 – 30. Available online at www.naturewithin.info/Policy/ClarkSstnabltyModel.pdf. A Technical Guide to Urban and Community Forestry in Washington, Oregon and California. World Forestry Center, Portland, OR, and Robin Morgan, urban forestry consultant. March 1993. In partnership with USDA Forest Service Pacific Northwest and Pacific Southwest Regions, Washington State Department of Natural Resources, Oregon Department of Forestry, and California Department of Forestry and Fire Protection. 49 pp. Community Forestry and Urban Growth: A Toolbox for Incorporating Urban Forestry Elements into Community Plans. Washington State Department of Natural Resources. December 1994. In partnership with USDA Forest Service and Washington Community Forestry Council. 19 pp. Department of Natural Resources Urban and Community Forestry Program website online at http://www.dnr.wa.gov/ResearchScience/Topics/UrbanForestry/Pages/rp_urban_comma ndurbanforestry.aspx. Municipal Research and Services Center of Washington Urban Forestry webpages online at http://www.mrsc.org/subjects/environment/urbanforest/urbtrees.aspx. Northern Mountain and Prairie Community Tree Guide: Benefits, Costs and Strategic Planting. McPherson, E.G., J.R. Simpson, P.J. Peper, Q. Xiao, S.E. Maco, and P.J. Hoefer. 2003. Center for Urban Forest Research, USDA Forest Service, Pacific Southwest Research Station. 92 pp. Appropriate for northeastern Washington. Available online at http://www.fs.fed.us/psw/programs/cufr/tree_guides.php. Planning the Urban Forest: Ecology, Economy, and Community Development. James C. Schwab, general editor. March 2009. American Planning Association Planning Advisory Service, Report Number 555. 154 pp. Temperate Interior West Community Tree Guide: Benefits, Costs, and Strategic Planting. Vargas, K. E.; E. G. McPherson, J. R. Simpson, P. J. Peper, S. L. Gardner, Q. Xiao. 2007 General Technical Report PSW-GTR-206. Albany, CA: U.S. Department of Agriculture, Forest Service, Pacific Southwest Research Station. 108 p. Appropriate for southeastern Washington. Available online at http://www.fs.fed.us/psw/programs/cufr/tree_guides.php. Packet Page 307 of 319 A Guide to Community and Urban Forestry Programming June 2009 30 Urban & Community Forestry: A Practical Guide to Sustainability. James R. Fazio. 2003. The National Arbor Day Foundation. 75 pp. Available online at http://www.arborday.org/Shopping/Merchandise/MerchDetail.cfm?id=81. Western Washington and Oregon Community Tree Guide: Benefits, Costs and Strategic Planning. McPherson, E.G., S.E. Maco, J.R. Simpson, P.J. Peper, Q. Xiao, A.M. VanDerZanden and N. Bell. 2002. General Technical Report International Society of Arboriculture, Pacific Northwest Chapter. 76pp. Available online at http://www.fs.fed.us/psw/programs/cufr/tree_guides.php. INVENTORY AND CANOPY ASSESSMENT GUIDANCE How to Conduct a Street Tree Inventory – Tree City USA Bulletin #23; available through the Arbor Day Foundation online at http://www.arborday.org/Shopping/Merchandise/MerchDetail.cfm?id=108. Placing a Value on Trees – Tree City USA Bulletin #28; available through the Arbor Day Foundation online at http://www.arborday.org/Shopping/Merchandise/MerchDetail.cfm?id=113. Public Property Tree Inventory and Assessment Report, March 2007. City of Renton. 67 pp. Available online at http://www.rentonwa.gov/living/default.aspx?id=16702. STRATEGIC AND MANAGEMENT PLAN GUIDANCE Guidelines for Developing Urban & Community Forestry Plans, Strategic Plans & Management Plans for Street and Park Tree Management. Vermont Urban and Community Forestry Program. 23 pp. Available online at http://www.vtfpr.org/urban/documents/PlanGuid.pdf. How to Plan for Management – Tree City USA Bulletin #29; available through the Arbor Day Foundation online at http://www.arborday.org/Shopping/Merchandise/MerchDetail.cfm?id=114. How to Fund Community Forestry – Tree City USA Bulletin #34; available through the Arbor Day Foundation online at http://www.arborday.org/Shopping/Merchandise/MerchDetail.cfm?id=118. Urban Forestry Best Management Practices for Public Works Managers: A Technical Guide to Developing Urban Forestry Strategic Plans & Urban Forest Management Plans. Wisconsin Department of Natural Resources Bureau of Forestry. 28 pp. Available online at http://www.apwa.net/Documents/About/CoopAgreements/UrbanForestry/UrbanForestry- 4.pdf. COMMUNITY AND URBAN FORESTRY ORDINANCE GUIDANCE Guidelines for Developing and Evaluating Tree Ordinances. Elizabeth A. Bernhardt and Tedmund J. Swiecki. 1991, updated 2001. California Department of Forestry and Fire Protection Urban Forestry Program. 76 pp. 2001 edition online at http://www.isa- arbor.com/publications/ordinance.aspx. How to Write a Municipal Tree Ordinance – Tree City USA Bulletin #9; available through the Arbor Day Foundation online at http://www.arborday.org/Shopping/Merchandise/MerchDetail.cfm?id=96. Packet Page 308 of 319 A Guide to Community and Urban Forestry Programming 31 June 2009 Louisiana State University Green Laws website online at http://www.greenlaws.lsu.edu/. Tree Protection Ordinances – Tree City USA Bulletin #31; available through the Arbor Day Foundation online at http://www.arborday.org/Shopping/Merchandise/MerchDetail.cfm?id=116. SPECIAL TOPICS RESOURCES The Arbor Day Foundation Online at http://www.arborday.org/. Center for Urban Forest Research, Pacific Southwest Research Station Online at http://www.fs.fed.us/psw/programs/cufr/. City of Portland and Multnomah County Action Climate Plan 2009 – Public Comment Draft. See Chapter 4 – Urban Forestry. 59 pp. Online at Human Dimensions of Urban Forestry and Urban Greening, Dr. Kathleen Wolf. Online at http://www.naturewithin.info/. Municipal Research and Services Center Urban Forestry webpages Online at http://www.mrsc.org/subjects/environment/urbanforest/urbtrees.aspx. Trees Are Good! International Society of Arboriculture consumer education website Online at http://www.treesaregood.org/. USDA Forest Service Urban and Community Forestry Online at http://www.fs.fed.us/ucf/. Washington State Department of Ecology Stormwater Manual for Western Washington Online at http://www.ecy.wa.gov/biblio/0510029.html. Washington State Department of Ecology Stormwater Manual for Eastern Washington Online at http://www.ecy.wa.gov/biblio/0410076.html. Packet Page 309 of 319 A Guide to Community and Urban Forestry Programming June 2009 32 This page left intentionally blank Packet Page 310 of 319 A Guide to Community and Urban Forestry Programming 33 June 2009 10. EVERGREEN COMMUNITIES PARTNERSHIP TASK FORCE Chair: Joseph Scorcio Vice Chair: Beth Rogers Note: Task Force members are listed in the following format: • Interest group, agency or organization as described in Section 17 of the ECA Primary representative of the organization Alternate representative of the organization, where designated • Department of Community, Trade and Economic Development Leonard Bauer, Washington State CTED Growth Management Services Micki McNaughton, Washington State CTED Urban Forestry Specialist • Department of Natural Resources Sarah Foster, Washington State DNR Urban and Community Forestry Program Linden Mead, Washington State DNR Urban and Community Forestry Program • Department of Ecology Stephen Bernath, Washington State Dept. of Ecology • A statewide council representing urban and community forestry programs authorized under RCW 76.15.020 Kathleen Wolf, Washington Community Forestry Council Jana Dilley, University of Washington • A conservation organization with expertise in Puget Sound stormwater management Bruce Wishart, People for Puget Sound Cyrilla Cook, People for Puget Sound • At least two cities, one from a city east and one from a city west of the crest of the Cascade mountains David Erickson, City of Wenatchee Parks and Recreation • At least two cities, one from a city east and one from a city west of the crest of the Cascade mountains Janet Way, City of Shoreline City Council Chris Eggen, City of Shoreline City Council • At least two counties, one from a county east and one from a county west of the crest of the Cascade mountains David Grimes, Chelan County Development Keith Goehner, Chelan County Commissioner • At least two counties, one from a county east and one from a county west of the crest of the Cascade mountains Joseph Scorcio, Pierce County Public Works & Utilities Anne-Marie Marshall-Dody, Pierce County Public Works & Utilities Packet Page 311 of 319 A Guide to Community and Urban Forestry Programming June 2009 34 • Two land development professionals or representative associations representing development professionals affected by tree retention ordinances and storm water management policies Phil Harlan, Keller Williams Realty Olympia, Washington Association of Realtors Jeanette Samek-McKague, Washington Association of Realtors • Two land development professionals or representative associations representing development professionals affected by tree retention ordinances and storm water management policies Brian Ross, YarrowBay Group Katherine Orni, YarrowBay Group • A national conservation organization with a network of chapter volunteers working to conserve habitat for birds and wildlife Charles Kahle, Audubon Washington Matt Mega, Seattle Audubon • A land trust conservation organization facilitating urban forest management partnerships Ara Erickson, Cascade Land Conservancy Green Cities Program Director John Floberg, Cascade Land Conservancy • A national conservation organization with expertise in backyard, schgoolyard, and community wildlife habitat development Courtney Sullivan, National Wildlife Federation • A public works professional Brian Carlson, City of Vancouver Public Works Director Charles Ray, City of Vancouver Urban Forestry • A private utility Beth Rogers, Puget Sound Energy Janet Brown, Puget Sound Energy • A national forest land trust exclusively dedicated to sustaining America’s vast and vital private forests and safeguarding their many public benefits Paula Swedeen, Pacific Forest Trust • Professionals with expertise in local land use planning, housing, or infrastructure Sandy Salisbury, Washington State Dept. of Transportation Mark Maurer, Washington State Dept. of Transportation • Professionals with expertise in local land use planning, housing, or infrastructure Elizabeth Walker, Sound Tree Solutions • The timber industry Adrian Miller, Washington Forest Protection Association Packet Page 312 of 319 A Guide to Community and Urban Forestry Programming 35 June 2009 11. BACKGROUND OF THE ACT The portion of the 2008 Evergreen Communities Act (ESSHB 2844; RCW 35.105) that is administered by the Washington State Department of Community, Trade and Economic Development (CTED) is intended to assist local jurisdictions to make best use of the benefits and services that trees in urbanized areas provide by offering technical guidance for communities through the development of model tree ordinances and model urban forestry management plans. Such management programming may include urban and community forestry assessments and inventories, tree ordinances, management plans, maintenance programs, partnerships, and community involvement. In addition, CTED staff and the Evergreen Communities Partnership Task Force (the Task Force) are responsible for creating an awards program to recognize those communities who work toward developing excellent management programming that enhances the capacity of their urban and community forests to provide ecological, social, and economic services. The Act directs CTED to complete the following tasks, subject to available funding: 1. Form the Evergreen Communities Partnership Task Force (RCW 35.105.110); 2. Develop model tree ordinances suitable for use as a guide for jurisdictions of all configurations throughout the State (RCW 35.105.080); 3. Develop model urban forestry management plans suitable for use as a guide for jurisdictions of all configurations throughout the State (RCW 35.105.070); 4. Develop and implement an Evergreen Communities grant and competitive awards program to provide financial assistance to towns, tribes, cities and counties to develop, adopt and implement Evergreen Communities management plans or tree ordinances (RCW 35.105.040); and 5. Create an Evergreen Communities recognition program built upon the Tree City USA award program to recognize communities for their work in developing excellent urban forest management programs (RCW 35.105.030). CHALLENGES Funding for work directed by the ECA has been suspended for the Fiscal Biennium 2009-2011. The timeline for work proceeding under the ECA, therefore, was reduced from more than two years (a deadline of December 2010) to one year, ending on June 30, 2009. During the funding hiatus, the Act will continue to provide a statutory platform for cooperation and collaboration among agencies, organizations and communities that work to build or improve urban forestry programming. The Task Force Report will function as a valuable outreach tool for CTED, the Washington State Department of Natural Resources (DNR) and the Washington Community Forestry Council (WCFC; RCW 76.15) to support urban and community forestry programs around the state until CTED, the DNR and the Task Force are funded and reconvened to finish their ECA work. NEXT STEPS AND RECOMMENDATIONS During the one year of funding for the Evergreen Communities program, CTED has worked with its partner agency, the DNR, and with the Task Force toward completion of tasks #2, #3, and #4 above. Although fully-developed model ordinances and management plans were not possible due to the shortened timeline, the Task Force has worked diligently to provide this document as basic guidance to local jurisdictions desiring to better manage and plan for improvements to their urban and community forests during the unfunded interim. The resources and recommendations offered in this Task Force Report provide an excellent foundation for local jurisdictions to establish or expand urban forestry programming. Through these resources, Packet Page 313 of 319 A Guide to Community and Urban Forestry Programming June 2009 36 communities can increase the value of the ecological, social, and economic services that urban forests provide. This document was completed through the tremendous efforts of the members of the Task Force. Recognizing the possibility of a loss of funding in early 2009, the Task Force members expedited a compressed work program so that tangible resources could be produced by June 30, 2009, to guide local communities in their urban forestry programming efforts during the unfunded interim. Due to the time constraints, the Task Force, CTED staff and the DNR were unable to present the resources and recommendations in the Task Force Report to the public for review and feedback, but will do so once funding is restored and the development process can be resumed. The commitment and dedication of the Task Force has resulted in these additional resources becoming available to communities that choose to enhance the quality and capacity of their urban forests, thereby improving their ability to manage stormwater, reduce carbon emissions into the atmosphere, lower the cost of heating and cooling of buildings, and experience the many other benefits and services of community and urban forests, as discussed elsewhere in this document. When funding is again available for CTED, the DNR, and the Task Force to return to their tasks as assigned in the ECA, this document will provide the foundation to fully complete the development of the tools described in the Act without delay or “backtracking” on work that has already been completed. The Legislature will need to adjust the deadlines in RCW 35.105.050(5) to provide adequate time for completion of the assigned work. Packet Page 314 of 319 From:Chave, Rob To:Barbara Tipton ; Richard Senderoff Cc:Steve Bernheim Subject:RE: Tree Board Ordinance Status Date:Tuesday, July 13, 2010 9:24:28 AM I believe your next stop with the draft ordinance is the Council’s Community Services/Development Services Committee. Re: incorporating view issues into the Whereas clauses. Personally, I see Scott’s point, but I am ambivalent about it being included in the ordinance setting up the Tree Board. I tend to agree with Barbara that it can be left to future issues the Board may decide to wrestle with rather than raising it at this point in time. I’d suggest you proceed with scheduling on the August Council Committee? Rob Chave Edmonds Planning Manager From: Barbara Tipton [mailto:barbaratipton@gmail.com] Sent: Monday, July 12, 2010 3:26 PM To: Chave, Rob; 'Richard Senderoff' Cc: 'Steve Bernheim' Subject: RE: Tree Board Ordinance Status Gentlemen: I’m back from sunny California and responding to e-mail messages. I was afraid that the “view” issue would be raised. I intentionally left it out of my “whereas” statements, because I had hoped to tackle the “view” issue once the Tree Board was formed. It is a thorny issue. In communities with restrictive covenants, it is clear cut. The covenants often include specific language regarding view preservation. There might be covenants in specific neighborhoods in Edmonds where view protection is referenced. One could make a good argue for protection of views from streets, parks and public areas. It is more difficult to make an argument for private easements in neighborhoods not covered by restrictive covenants. My good friend, Seattle resident Wallie Harrington says: “If you don’t want your view blocked, you have to buy tickets in the front row.” My preference would be for us to engage in conversation with the Planning Board rather than include it in the “whereas” section. If your preference is to include a reference to views, please let me know and we can discuss this further. I am flexible. Once we decide whether to include view preservation in the “whereas” section, do I ask to get on the agenda of the Planning Board? Or, is it more appropriate for Mr. Chave to make that request? Thank you, Barbara Packet Page 315 of 319 From: Chave, Rob [mailto:Chave@ci.edmonds.wa.us] Sent: Monday, July 12, 2010 1:53 PM To: Richard Senderoff Cc: Steve Bernheim; Barbara Tipton Subject: RE: Tree Board Ordinance Status Scott’s comments were minor -- he suggested the following: “One big picture issue and one minor item. Big picture: in a view sensitive area like Edmonds, the ordinance fails to take into account or balance the value and preservation of views. My take is that the council should acknowledge that in certain areas of the city, a proper balancing of neighborhood needs and values may result in a different approach to trees. For example, limiting the planting of street and subdivision trees to those with a growth pattern appropriate to the preservation of views. I.E. don’t plant Douglas firs down slope from a neighbor with a 180 degree view. I would recommend that the powers and duties section be amended to take differing needs and views into account—“balancing the need to protect and preserve scenic public and private views while preserving and planting trees appropriate to the particular area or neighborhood.” Small item: Section two is completely unnecessary. I’ll take care of that when and if this moves forward.” I suppose the first comment could be incorporated as a ‘whereas,’ or left up to the Board to figure out. I agree that Section 2 of the ordinance could just be deleted… just states the obvious. The attached is the last version of the ordinance I saw (and was the one I forwarded to Scott). Rob Chave Edmonds Planning Manager From: Richard Senderoff [mailto:richsend@comcast.net] Sent: Monday, July 12, 2010 10:53 AM To: Chave, Rob Cc: Steve Bernheim; Barbara Tipton Subject: Tree Board Ordinance Status Hello Mr. Chave, I was just wondering and curious as to whether you received the Tree Board ordinance document with suggested edits back from the City Attorney, Scott Snyder. If so, could you please share the current version? Thanks, Rich Packet Page 316 of 319 Richard I. Senderoff, Ph.D. Precinct Committee Officer- Edmonds 34, 21st Legislative District, 1st Congressional District Commissioner- Edmonds Citizens Economic Development Commission Steering Committee- Edmonds Backyard Wildlife Habitat Community Certification Project Board Member- Rose House Preservation; Center for Creative and Humanitarian Endeavors 18823 81st Avenue West Edmonds, WA 98026 425-778-9746 Packet Page 317 of 319 Tree City USA Standards at arborday.org http://www.arborday.org/programs/treeCityUSA/standards.cfm[8/2/2010 3:43:38 PM] cart | wish list | sign in The Four Standards for Tree City USA Recognition To qualify as a Tree City USA community, a town or city must meet four standards established by The Arbor Day Foundation and the National Association of State Foresters. These standards were established to ensure that every qualifying community would have a viable tree management plan and program. It is important to note that they were also designed so that no community would be excluded because of size. 1. A Tree Board or Department 2. A Tree Care Ordinance 3. A Community Forestry Program With an Annual Budget of at Least $2 Per Capita 4. An Arbor Day Observance and Proclamation These standards were established to ensure that every qualifying community would have a viable tree management plan and program. Photo by Paul Collins Tree City USA Standards More Information Call: 402-474-5655 Monday–Friday 8:00 AM to 5:00 PM CST Tree City USA is supported by the USDA Forest Service Urban and Community Forestry Program. Home | Trees | Membership | Programs | News | Arbor Day Farm | Lied Lodge | Shop | Careers | Take Action You are here: Home → Programs → Tree City USA → Standards 1-888-448-7337 | donate now | privacy | about us | contact us | site map | your state Tree City USA Tree City USA Home About Us Is Your Community a Tree City? Benefits of Being a Tree City Tree City Standards Request an Application Tree City Growth Awards Tree City USA Bulletins Tree City USA Supplies Community Foresters Directory Get Our E-Newsletter About Our Programs Related Programs Tree Line USA Conservation Trees See All Programs Shopping Tree City USA Supplies Arbor Marketplace Buy Trees and More Packet Page 318 of 319 Community Services/Development Services Meeting Minutes 5/11/2010 2 Fire Marshal Westfall presented the proposed adoptive language for the Fire Code and the Marina Code. Westfall noted changes in the 2009 Fire code related to emergency responder radio coverage, new fire alarm requirements and requirements for installation of CO monitors. Particular amendments to the City ordinance include a restriction on above ground fuel storage tanks in residential zones to 1000 gals, and 500 gal restriction for LPG storage. Westfall presented proposed changes to the Marina Code in title 19.65, which included a requirement for slip numbering and pier identification to assist in emergency response. Also he noted that there were some changes related to spill reporting requirements. Council member Wilson asked if these requirements could be compared to the stormwater discharge regulations to ensure consistency. Westfall acknowledged that this could be brought back to full Council. C. Tree City; tree ordinance; review of Planning Board recommendations on Streetscape Plan Steve Bernheim was present for this item, and introduced the ordinance that would establish a ‘tree board’ to study ideas for Edmonds, such as obtaining “Tree City USA” status and sponsoring an Arbor Day event. Steve believed that the proposed ordinance was a good first step, without committing to too much in terms of time and resources while doing further exploration and research. Stephen Clifton noted that the City would need to be careful before committing additional staff resources, understanding that additional regulations and programs all have associated costs. Rob Chave and Brian McIntosh both noted that supporting boards and commissions can be a challenge, especially if the group is too large and the terms or conditions of service are too restrictive. Steve agreed, saying that the intent was to initiate the discussion, and a tree board could help. After discussion, all agreed that staff should meet with the principal citizens spearheading the effort to develop a solid proposal for the Committee and full Council to consider. Brian also mentioned that staff was working on a review and update of the Street Tree Plan, focusing on what is working and where minor modifications might be needed. This will proceed through the Planning Board and Council approval process. . ACTION: Staff will meet with the program proponents to refine the proposal, and bring back to the Committee for discussion and potential action next month (June). D. Discussion on Conditional Use Permits for home occupations Gina Coccia briefly explained the City’s process for approving home occupations, and that there is essentially a two-tiered system where customers or employees coming to a residence mainly triggers an expensive Hearing Examiner hearing and review. Staff’s experience has been that certain types of home occupations, such as music teachers, generate very little neighborhood concern, but have to undergo the expensive Hearing Examiner process. Other cities surveyed seem to have more streamlined rules, and on review, it seems to staff that it should be possible to more clearly codify conditions that . Packet Page 319 of 319