2019-10-22 City Council - Full Agenda-24701.
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o Agenda
Edmonds City Council
snl. ,nyo COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
OCTOBER 22, 2019, 7:00 PM
"WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH)
PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE
HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR
SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL
CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT
CALL TO ORDER/FLAG SALUTE
LAND ACKNOWLEDGMENT
ROLL CALL
APPROVAL OF THE AGENDA
PRESENTATION
1. Snohomish Health District Update (20 min)
AUDIENCE COMMENTS (3-MINUTE LIMIT PER PERSON) - REGARDING MATTERS NOT LISTED ON
THE AGENDA AS CLOSED RECORD REVIEW OR AS PUBLIC HEARINGS
APPROVAL OF THE CONSENT AGENDA
1. Approval of Council Meeting Minutes of October 15, 2019
2. Approval of claim, payroll and benefit checks, direct deposit and wire payments.
STUDY ITEMS
1. Presentation of the final Expanded Marsh Concept Design and Hydraulic Modeling Report:
Willow Creek Daylight Project. (60 min)
2. Prosecuting Attorney Services Review and anlysis of responses to RFP for Prosecuting Attorney
Services (45 min)
3. City Attorney Evaluation (10 min)
4. Revised Questionnaire for the Comparative Study on City Attorney Services (10 min)
MAYOR'S COMMENTS
COUNCIL COMMENTS
CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW
42.30.110(1)(1).
Edmonds City Council Agenda
October 22, 2019
Page 1
12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE
SESSION.
ADJOURN
Edmonds City Council Agenda
October 22, 2019
Page 2
5.1
City Council Agenda Item
Meeting Date: 10/22/2019
Snohomish Health District Update
Staff Lead: Scott Passey
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
Pursuant to the interlocal agreement with the Snohomish Health District, the District is required to
provide a quarterly update report to the City Council.
Staff Recommendation
No action required. For information only.
Narrative
The Snohomish Health District will provide a brief report and discuss updates, services, and funding.
Attachments:
Edmonds_SHD Update_102219
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(f(7ZkSNOHOMISH
HEALTH DISTRICT
WWW.SNOHD.ORG
A Shared Vision for Health
City of Edmonds and
Snohomish Health District
City Council Presentation
Shawn Frederick, Interim Administrator
Snohomish Health District
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Working Together for Edmonds
Simpler
Snohomish Health District
Safer
Healthier
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Simpler
Faster response times
From
2018
to
2019, we reduced the number of days to process a refund
from
26 to
18
days.
Days to Process Refund
30
25
20
15
10
5
0
DEB]
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Simpler
New learning options
We began offering online classes for child care workers in February 2019.
Nearly 1,100 courses have been completed through the new system.
Learning Management System
14/2019 3/4/2019 4/4/2019 5/4/2019 6/4/2019 7/4/2019 8/4/2019 ?!Al2n?f
tNumber of registered users --o—Number of completed courses
Snohomish Health District
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Simpler
Customer feedbacll-
We gather customer comments with in -person and online comment cards.
Vital Records Food Septic
■ In Person Online
Snohomish Health District
Clinic Billing WIC
"Always ou+s+andinq service. Always able +o 9e+
any ques+ions I have answered."
"Every +ime I come in +o +his office +he s+aff is
ALWAYS very poll+e and very pa+ien+. I wan+ed
+o say }hank you so much for wha+ you do and
+he awesome way +ha+ you do i+."
"Woohoo for your efficien+ services!"
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Safer
Suicide prevention
Suicide is an increasing concern. Our injury prevention specialist has
trained about 500 community members on how to prevent suicide.
100 people have been trained in the last six months.
30
20
15
10
5
0
Percent of students who seriously considered attempting suicide
Source: Healthy Youth Survey
6th 8th 10th 12th 6th 8th 10th 12th 6th 8th 10th 12th 6th 8th 10th 12th 6th 8th 10th 12th
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Safer
Food safety
Last year, the Health District:
• Completed 4,510 inspections
• Received 472 food illness complaints
• Processed 1,217 permits for temporary food establishments
• Reviewed 235 plans for food businesses
R
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Snohomish Health District
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Safer
Needle clean-up
Distributed 1,293 free needle clean-up kits.
At the Health District, we've collected roughly 7,600 needles.
Snohomish Health District 8
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Safer
Safe walking route
Worked with multiple cities throughout the county to bring in more than $1.3
million in grant money for Complete Streets.
The Health District nominated Edmonds for funding and the city received
$250,000.
Snohomish Health District 9
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Healthier
Canciv, prevention
Presented to about 200 dental providers on cancers of the mouth and
throat, and shared how to prevent these cancers through HPV
vaccination..
11L A . a & L
Snohomish Health District 10
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Healthier
Healthy starts
Last year, 1,090 babies had help
getting a healthy start through our
WIC Nutrition Program.
Provided weekly summer programs
for groups of elementary students in
July and August.
V.
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Who We Are
0 Public Health Nurses
0 Disease Investigators
0 Outreach Workers
� Health Educators
L� Epidemiologists
0 Finance & IT Support
0 Emergency
Preparedness
Specialists
0 Nutritionists
0 Behavioral Health
Specialists
F1 Environmental Health
Specialists
� Policy &Government
Affairs
0 Customer Service
0 Healthy Communities
Specialists
Snohomish Health District 13
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Rebuilding the Agency
0 Online Service Delivery
0 IT Infrastructure
0 Transparency and Accountability
Snohomish Health District 14
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Environmental Health Division
4..500+
Inspections on
restaurants,
grocery stores,
espresso stands,
caterers and
mobile food
vehicles
Snohomish Health District
111
oil
111
� 111 111
1'rOOO+
Complaints
addressed (food,
pools, septic and
solid waste)
Permits for pools
and spas that we
routinely inspect
200+
Public and
private schools
with kitchen
permits and
required safety
inspections
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Prevention Services Division
-S
Provided
services to 36
families with
Children and
Youth with
Special
Health Care
Needs or
children with
high lead
levels
L
Snohomish Health District
Provided
health
screenings
for 27
refugees
who live in
the Edmonds
area
Provided Investigated Conducted
WIC 32 cases of 5 vaccines for
services to communicable children
220 people diseases and compliance
in August 106 cases of visits
sexually
transmitted
diseases
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Ideal Prevention & Outbreak Response
1 0 • , , / • 8
@me m sees
prevention outbreaks
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Healthy Communities
QObesity
revention
(HEAL)
(I Tobacco &
Vaping
Suicide VPD ChildDeath
Prevention Outreach Review
Youth
Marijuana
Prevention
STD/HIV
Outreach
Built
Environment
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The Reality
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Prevent- oh
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Recent Outbreak Responses
Confirmed case of hepatitis A closes Lynnwood
restaurant
6y KON14 Ner;s 53ff ' 'fiday,August 16ch ?j1?
First Snohomish County
measles case is Bothell -area
-- II student
Officials listed places the contagious teen visited. He is among five new
cases statewide.
By Andrea Brown and Noah Haglund
Thursday, May 16, 2019 6:13arn SQTHELL MILL CREEK
000000
EVERETT — Snohomish County has its first confirmed case of the measles
in the latest outbreak — a teenage boy who attends North Creek High School
in the Bothell area.
The Snohomish Health District on Wednesdav released a list of locations
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2019-2021 State Budget Priorities
Communicable
Disease
Environmental
Health
Assessment
Response Response
$100M/biennium ask 0 $22M appropriated
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5.1.a
Ways You Can Help
Snohomish Health District
Spread the word out about what public health does
Connect us with other partners in the community
Get involved in policy planning or workgroups
Advocate for sustainable public health funding and key issues
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5.1.a
Keep in touch
Blog
PUBLIC HEALTH
s:s�4�s r
Public Health Essentials
A place to highlight the work of the Snohomish Health District as well as share health -
related information and tips_ Have an idea or question? Drop us a line at
SHDlnfc@snohd org_
Newsletters
Food Donation Gulde
Manv restaurants would like to donate 1W, but worry
abopl the (lability of doing sa. They da wam their paod
deed to result'm claims of IHnesa ar bad 9ress. The'Ca d
Samadian Food Donabon Act° protette donor from
mina) and -'I fwbiFty if gte food has been prepared
and maintained safely mroughwd hre process. II does not
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ruNs. They need to create and rdkm a process Mst keeps the food sate whi3e donating.
This allows reslau—M io help ewse In the community antl retluce waste.
Snohomish Health District
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Sign up for our blog,
newsletters, alerts and
more at
www.snohd.org/NotifyMe
~t -,-CHILD CARE
H EALTH
Newsletter
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Click here to Visit Our WeltaHa July 2019
MR Vaccine Exemption Law W ..
Washington SGIe has passed new laws ma! impact MMR
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Pelsanal and phibsophipl ecemptians will no bnger be
pemslfled or me MMR vaccine Medical and rel,t
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Child Ne ,(AKDI program.Slut' atbnned dprogram updelr5 endteam abeW pmmdng ch3dmns
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Important Safety Reminders
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HEALTH
COMMUNITIES
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Helping Teens Quit JUUL and Other
wapor Devices
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17. 4�_ Omer rape devieesiT ns'opaona are limrtetl bemuse
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5.1.a
Find us at local events.
Request the Health
District at your event:
www.snohd.org/EventRequest
r. A
3n0110mISn Health
' i W Itb� A fYea I
Snohomish Health District
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S.1*3—Palk Pe Sere Rarood ShW— Mav la Eet Seler. WNbrinolikYau Hra:'•
Follow us on
Facebook, Twitter,
YouTube or Instagram.
Snohomish Health District 24
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5.1.a
Thank you
contact information
For more info, please contact:
Shawn Frederick, MBA
Interim Administrator
425.339.8687
SFrederick@snohd.org
25
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7.1
City Council Agenda Item
Meeting Date: 10/22/2019
Approval of Council Meeting Minutes of October 15, 2019
Staff Lead: Scott Passey
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Staff Recommendation
Review and approve the draft meeting minutes on the Consent Agenda.
Narrative
N/A
Attachments:
10-15-2019 Draft Council Meeting Minutes
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7.1.a
EDMONDS CITY COUNCIL DRAFT MINUTES
October 15, 2019
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Adrienne Fraley-Monillas, Council President
Michael Nelson, Councilmember
Kristiana Johnson, Councilmember
Thomas Mesaros, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Neil Tibbott, Councilmember
ALSO PRESENT
Zach Bauder, Student Representative
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Al Compaan, Police Chief
Ken Ploeger, Police Sergeant
Phil Williams, Public Works Director
Patrick Doherty, Econ. Dev & Comm. Serv. Dir
Shane Hope, Development Services Director
Scott James, Finance Director
Rob English, City Engineer
Kernen Lien, Environmental Program Mgr.
Jeanie McConnell, Engineering Program Mgr.
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council
Chambers, 250 5t1i Avenue North, Edmonds. The meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Buckshnis read the City Council Land Acknowledge Statement: "We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes,
who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their
sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land
and water."
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
Mayor Earling advised opponents and proponents of I-976 would have an opportunity to speak for three
minutes under Agenda Item 9.3.
4. APPROVAL OF AGENDA
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-
MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
5. AUDIENCE COMMENTS
Edmonds City Council Draft Minutes
October 15, 2019
Page 1
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7.1.a
Peter Moon, Edmonds, a resident on Olympic View Drive, reported the speed monitor at Olympic View
Drive & Cherry has not been functioning for some time. He reported less than half of the drivers observe
the 25 mph speed limit on Olympic View Drive and often greatly exceed it. He requested the Council work
with whoever is responsible for speed control to monitor speeds and, if necessary, issue citations to
speeders. Speeds of 40 mph are the norm. Mayor Earling suggested he speak to Public Works Director Phil
Williams about the sign.
Tim Eyman, Bellevue, co-sponsor of I-976, said it is illegal under state law for the government to use
taxpayer money for or against a ballot measure. A government resolution telling voters how to vote on I-
976 is exactly that, using taxpayer resources to weigh in on a ballot measure. I-976 is a citizen initiative,
not a politician initiative. Citizens will vote on I-976 and have as much power to vote as elected officials.
Elected officials make 99.9% of all public policy decisions, but this is a citizen initiative where citizens
will decide. With regard to the merits of the initiative, voters have voted numerous times to say they do not
want license tabs to exceed $30. When it was done 20 years ago, voters did not want state government to
put a dishonest tax on vehicles. A few years later, voters said they did not want local government having
higher car tabs either. Car tabs were quite low for a long time before they increased in recent years. Many
citizens are concerned with the dishonesty of the tax due to the inflated valuation of vehicles. Before the
Sound Transit ballot measure, voters were told they would pay about $80 if they supported the measure.
Post -election reality was tabs of $300-800. Not only was the cost triple what voters were told, it was
calculated dishonestly.
Mr. Eyman commented the initiative was proposed after the legislature had 2'/2 years to fix the problem,
but they did not. When the initiative qualified in January, the legislature had the entire session to fix the
problem but they did not. An alternative could have been placed on the ballot to allow voters to choose
between I-976 and an alternative but the legislature did not do that either. Voters who dislike the dishonest
vehicle valuation system and the dishonest tax are left with no choice but to support I-976. As far as the
death, destruction and the end of western civilization that is predicted as a result of the passage of I-976, it
comes at a time when the state has a $3.75 billion tax surplus and record revenues, enough to move money
around. The annual amount is approximately $400M/year; the $3.7513 can be used to backfill that in the
short term and in the long term, the initiative states if the state wants to bring back a car tab tax in the future,
voter approval is required and values must be calculated honestly such as Kelly Blue Book.
Ken Reidy, Edmonds, spoke regarding the code rewrite. He referred to the decision package for the 2015
budget Item 17, described as carryforward the unspent portion of the 2014 budget for updating the
development code into 2015 when the project can be completed. This item was associated with Strategic
Action Plan objection 3 and 3a12, which related to affordable housing. The implementation schedule was
2013-14 and later extended to 2015 and the narrative includes discussion of form based code. The decision
package narrative states about $70,000 of the 2014 budgeted amount totally $110,000 for a major
development code update is unlikely to be spent before the end of 2014 and is proposed as a carryforward
for 2015. An update of the development code has been a high priority for the City Council and
Administration. Updating the code will provide more certainty for staff and customers and ensure clear
permitting and compliance processes. It will balance community needs for environmental protection and
appropriate growth. Because a learning curve was necessary before the new development services director
could move forward with the code update and because of the immediate need to meet other state deadlines,
the project has been slightly delayed. However, progress is being made, for example, legal advice from
Carol Morris and a consultant team is expected to be on board in fall 2014 to help with the code update.
Mr. Reidy said the City is now going into 2020 and the code update has never been completed. He referred
to decision package 40 in the 2020 budget for $25,000. He requested the Council look closely at who should
be doing the code rewrite; the City Council are the policy makers and should be very involved in the process.
He questioned whether $25,000 was enough money and was uncertain what happened to the $85,000 in
2015 budget.
Edmonds City Council Draft Minutes
October 15, 2019
Page 2
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7.1.a
6. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items
approved are as follows:
1. APPROVAL OF COUNCIL MEETING MINUTES OF OCTOBER 8, 2019
2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS
3. ACKNOWLEDGMENT OF CLAIM FOR DAMAGES
4. AUGUST 2019 MONTHLY FINANCIAL REPORT
5. PROPOSED 2020 BUDGET FOLLOW UP MEMO
6. ILA VERDANT HEALTH COMMISSION -OUTDOOR FITNESS ZONES AMENDMENT
7. MARSH BOARDWALK EASEMENT
8. HYUNDAI PEDESTRIAN EASEMENT
9. LYNNWOOD MAZDA PEDESTRIAN EASEMENT
10. CITYWIDE PEDESTRIAN ENHANCEMENTS PROJECT -EASEMENTS
7. PUBLIC HEARING
1. PUBLIC HEARING ON STREET VACATION CODE UPDATE
Engineering Program Manager Jeanie McConnell reviewed ECDC 20.70 - Street Vacations:
• Code Update Goals
o Move to Title 18 — Public Works
o Clarify, reorganize, add definitions section
o Revise appraisal process and timing
o Revise applicability of monetary compensation
o Revise timeframe to satisfy conditions
o Consistency with RCW 35.79.030
• Substantive code changes
o Move from Title 20 to Title 18
o Change in review lead from planning division to public works division
0 18.55.005 Definitions — new section
0 18.55.015.D Application — revised to reflect what's actually needed
0 18.55.030 — Added right to reserve easements for pedestrian walkways or trails
0 18.55.XXX — Added appraisal section to address timing of appraisal and collection of fees for
3rd party appraisal
0 18.55.140 — Section added to clarify processing of street vacations, allowing ordinance to
address timing of compliance with conditions, establishing compensation of area to be vacated
based on appraisal, and giving Council the ability to not adopt a vacation ordinance based on
review of the appraisal.
• What is a street dedication?
Edmonds City Council Draft Minutes
October 15, 2019
Page 3
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o A dedication is a transfer of most of the rights in a privately owned property to the public for
some public use, such as for streets.
o A street dedication (or dedication of right-of-way) occurs commonly as a condition of
subdivision approval.
o Definition of dedication: "The donation of land or creation of an easement for public use."
DEDICATION, Black's Law Dictionary (llth ed. 2019)
o A street "vacation" means that the public is letting go of, or "vacating", the public interest in a
property.
o After a street, alley or easement (pedestrian and/or vehicular) is vacated, the public no longer
has a right to use the property for access.
o Initiated by petition of property owners or City Council
o RCW 35.79.040 — Title to vacated street or alley.
If any street or alley in any city or town is vacated by the city or town council, the property
within the limits so vacated shall belong to the abutting property owners, one-half to each.
Appraisal
RCW 35.79.030:
o States the ordinance may provide that the vacation shall not become effective until the owners
of property abutting upon the street or alley compensate the city or town an amount equal to
one-half or the full amount of the appraised value of the area vacated.
Existin code:
ode:
o Appraisal is a minimum application requirement
o Appraiser selected by applicant
Proposed code:
o Appraisal required after staff review and Council approval of resolution of intent to vacate
0 3rd party appraiser selected by City
o Waiver if Council initiated vacation includes a finding that public benefit accruing from the
vacation alone is sufficient to justify vacation without monetary compensation.
Planning Board Recommendation:
o 3rd party appraiser selected by the applicant from a City approved list
Monetary Compensation
RCW 35.79.030:
o Provides two options by which owners of property abutting the area to be vacated shall
compensate the city of town:
■ An amount equal to one-half the appraised value of the area so vacated; or
■ An amount not to exceed the full appraised value. (This applies if the street or alley has
been part of a dedicated public right-of-way for twenty-five years or more, or if the subject
property or portions thereof were acquired at public expense)
Existing code:
o Monetary compensation OR reservation of easement to the City
Proposed code:
o Monetary compensation and allowance for reservation of easements
o The amount of compensation to match the language in the RCW
Planning Board recommendation
o Keep with existing code — monetary compensation OR reservation of easement to the City
o The amount of compensation to match RCW except for the that portion related to a ROW
dedicated for twenty five years or more.
Compliance with Conditions and Challenging a Condition
Existing.. code:
o Conditions must be met within 90-days of approval of resolution of intent to vacate
Proposed code:
o Compliance within 90-days unless otherwise stated in the resolution
Edmonds City Council Draft Minutes
October 15, 2019
Page 4
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7.1.a
o Language clarifying the appeal process.
0 30 day appeal period following the adoption of the resolution of intent (longer than the appeal
period for land use decisions is 21-days (RCW 36.70C.040)
Planning Board recommendation
0 60 day appeal period
o Includes clarifying language as to what happens if the appeal comes before or after a Council
decision on the street vacation
Code Update Schedule
o July 9, 2019 — Introduction at City Council Planning, Public Safety and Personnel Committee
o July 10, 2019 — Introduction to Planning Board
o August 14, 2019 — Public Hearing at Planning Board
o September 25, 2019 — Planning Board (Review Options)
o October 1 st — Introduction at City Council
o October 15th — Public Hearing at City Council
o Future Council Meeting — Approval of Ordinance
Council President Fraley-Monillas asked why staff did not agree with the Planning Board with regard to
having a list of appraisers. She anticipated it would be difficult for an applicant if the City made the decision
regarding an appraiser, however, having a list would allow an applicant to make the choice. Ms. McConnell
answered it was not necessarily that staff did not agree with the Planning Board, but staff s initial
recommendation included the change to have a City -chosen appraiser for consistency purposes. After
listening to the Planning Board, staff does not object to a list although it is questionable whether an exact
number of appraisers on the list should be included in the code. She summarized having a list to choose
from would be an option. As this was a policy decision, staff s recommendation as well as the Planning
Board's recommendation was included to highlight the options for Council.
Councilmember Teitzel thanked staff for providing the Planning Board's comments. He referred to
18.55.030 Right to reserve easements which states, in vacating any subject property, the city council may
reserve for the city any easements or the right to exercise and grant easements for the following purposes,
and paragraph C states, Construction, repair and maintenance of utilities by a third -party utility company,
municipal corporation, or special purpose district that has a vested interest in the subject property. He said
it appeared the third -party entities that can receive that easement are limited to those three examples. He
asked if under that definition would a school district or private party qualify as a third party. Mr. Taraday
said special purpose district is a very broad term; the combination of municipal corporation and special
purpose district together would include nearly every form of government in Washington. He summarized
it would generally be a governmental entity.
Councilmember Buckshnis expressed concern with the sudden urgency of this amendment when there has
been only one street vacation per year for the past four years. She pointed out there is no definition for
vacation. She was confused by that and felt the definitions should include easement, street vacation,
dedication and the differences. She recalled Susan Paine sent the Council her concerns about street vacation
and easement. Mr. Taraday explained a vacation is essentially the undoing of a dedication. Councilmember
Buckshnis referred to Chapter 18.55 Vacations of Streets and Public Access Easements, pointing out
18.55.005 Definitions includes easement but not vacations. Ms. McConnell said the general definitions
section of the ECDC defines vacation as well as dedication. Mr. Taraday asked if Councilmember
Buckshnis was asking to include it in the final draft. Councilmember Buckshnis answered yes.
Mayor Earling opened the public participation portion of the public hearing.
Ken Reidy, Edmonds, said sometime prior to May 3, 2018, the City Attorney, City Council and Staff
began working on yet another piecemeal code amendment. In April 2019 he emailed Mayor Earling asking
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several questions; he did not receive a response. On June 24, 2019 he noticed this topic on the City Council
extended agenda and submitted a public records request for the latest draft of the street vacation code update
which was due in five days. Eleven days later on July 51h, he was provided documents that provided him
the first glimpse of the amendments. He emailed questions to City Council on July 91h and did not receive
a response. On July 10' he attended the Planning Board meeting where this topic was introduced and
stressed that citizens be afforded a chance to be very involved in the process. He spoke again at the July
241h, August 14t1i, September 111h and September 25' Planning Board meetings. He provided much input,
pointed out errors and experienced frustration as City staff refused to respond to two Planning Board
requests to show an aerial photo of a specific section of an unopened alley. At the conclusion, he was
encouraged in general by the recommendations made by the Planning Board, but dismayed to see staff
make their own recommendations to City Council rather than respecting the Planning Board's
recommendation.
Mr. Reidy recalled on October 1st, he told Council that because the city attorney has made it clear he does
not represent Edmonds property owners, Council needs to ensure property owners know what is happening.
He also provided Council information sheet for possible distribution to citizens; no Councilmember has
indicated whether that or a different version was distributed. The proposed code uses the term, "sufficient
to justify," a subjective term, opening the door to arbitrary decisions and different rules for different people.
He suggested Council adopt different policies for the vacation of unused easements versus easements that
have been used for a public purpose, or would it be more ethical to not charge compensation fb� the vacation
of an easemen� [ JD1 I the City never needed and never used. The proposed code establishes a definition of
easement that is much different than the definition of easement in the definition section of Title 21. The
proposed code requires the site survey specify open and unopened right-of-way but never discusses
unopened right-of-way again in 18.55. The proposed code will result in more code errors and links that do
not work. ECDC 20.80 is a major point that has not been addressed during this process. He encouraged the
Council to listen to and engage with citizens and property owners.
Damian King, Edmonds, expressed concern about the proposal regarding easements and street vacations
from staff and the city attorney. The ordinance needs a comprehensive, holistic review instead of a
piecemeal edit like this change. Easements represent usages and interests in land between the City and
citizens. These are not strictly economic issues, context is important. Many easement in the City have
remained unopened, unused and unimproved for decades. He pointed out the City has an easement, not the
title to the land. The City occasionally grants vacations of easements and retains or reserves easements,
aspects that work together in the public interest. When the City retains an easement, compensation is not
always required; either compensation for vacations or retention of easement provides the City the necessary
options. This approach has been previously affirmed by the City Council. The City should step back and
do a more holist, thorough review of the larger development code before seeking a narrow aspect of change.
Michelle Dotch, Edmonds, commented this was a public hearing on very important code that had been
extensively rewritten, affecting thousands of property owners whose property borders an easement, right-
of-way or alley. The entire downtown core of Edmonds has easements, alleys, rights -of -way between nearly
every major street. These easements are how businesses, homes, condos and multifamily housing in
Edmonds get to their garbage, garages and access their property. These easements, alleys and rights -of -way
are part of the original design of Edmonds and were dedicated at no cost to the City to obtain the rights of
access and to give the streets their curbside appeal so that things people do not want to look at are located
behind. It is obvious that property owners and homeowners living on easements have no idea that this code
will be changed to their detriment. She questioned the rush to change the code when it has been used only
once a year and why the public was not present at a public hearing on the first major code rewrite. The
Council has been clamoring to begin a major code rewrite, yet no Councilmember or Planning Board
Members were aware this section of code was being rewritten, basically behind closed doors using
numerous staff and city attorney hours to change a code that no one had asked to have changed.
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Ms. Doth said although the Council has stated they want the public to be engaged sooner in the process, the
public has not been properly included or notified. She was concerned with staff s position to stick with their
own and the city attorney's recommendations instead of honoring the Planning Board's recommendation
that recognizes their concern with staff and the city attorney's approach to the code rewrite and what it
means to property owners with easement rights. She questioned the role of the city attorney in rewriting the
code, a person who is not a city employee but the owner of a Seattle law firm that specializes in eminent
domain and complex condemnation matters. She recalled Mr. Taraday's warning to the Planning Board on
August 14t' that he does not represent Edmonds homeowners, leading her to question who he represents.
She urged the Council to take the time for proper public engagement and to table this item for further public
review.
Finis Tupper, Edmonds, commented it was easier to fool someone than to convince them that they have
been fooled. Not all members of the Planning Board were fooled by staff and the city attorney's misleading
interpretations and opinions regarding the law. From reviewing the City Council study session on the
proposed amendment to the current street vacation code, he said the City Council is being fooled. He
referred to Ordinance 4143 approved in February 2019 in which the City Council vacated Excelsior Place
and retained easements for public utilities and right-of-way and required no compensation. He referred to
the gift of public funds and governmental ethics. At the August 14, 2019 Planning Board hearing, the city
attorney cited Washington State Constitution Article 8, Section 7, No county, city, town or other municipal
corporation shall here -after give any money, or property, or loan its money, or credit to or in aid of any
individual, association, company or corporation, except for the necessary support of the poor and infirm, or
become directly or indirectly the owner of any stock in or bonds of any association, company or corporation.
Mr. Tupper opined that the City Council's approval of the street vacation on Excelsior Place violated the
State Constitution and therefore implied that the City Council including himself, because he signed the
ordinance, violated their oaths of office which puts each Councilmember subject to the recall petition. RCW
34.79 was last updated in 2011. The City code amendments adding full appraised value if the dedication is
25 years old was passed in 2001. ECDC 20.70 was updated twice, Ordinance 3901 in 2012 and Ordinance
3902 in 2013, both amendments were citizen requested. He asked why the city attorney waited so long,
relaying his belief it was due to a property in Perrinville. The City Council passed a resolution to vacate
184t' and then passed a resolution to postpone that vacation; that property has an unopened easement with
City utilities. This proposal is to get the full value for that dedication which he felt was not honest
government or fair play, changing the rules in the middle of the process.
Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing.
Councilmember Mesaros asked if there were more than three instances where the Planning Board's
recommendation differed from staff s recommendations. Ms. McConnell referred to the PowerPoint slides
that identify five instances where the Planning Board had a different recommendation. The table on page
243 of the packet also identifies the five items and the clean version of the code includes both staff and
Planning Board recommendations (packet page 238). Councilmember Mesaros observed staff has chosen
to include both and let the City Council decide. Ms. McConnell agreed.
Council President Fraley-Monillas said she has not often seen in her ten years on the Council where a
proposal includes different recommendations from staff and the Planning Board, typically the
recommendation incorporates the Planning Board's input. Ms. McConnell answered the reality is there is
not an incorrect way; staff does not feel strongly about any of the specific items. Staff presented their
recommendation to the Planning Board, there was a lot of good discussion at the Planning Board and
ultimately the Planning Board members did not a solid vote for their recommendations or staffs
recommendation so staff felt it more appropriate to bring both recommendations to the Council.
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Council President Fraley-Monillas appreciated staff giving Council that opportunity, however, the redline
version only includes staff s recommendation which makes it challenging to review. Ms. McConnell said
the clean version of the code highlights the staff recommendation and the Planning Board recommendation.
The Planning Board's recommendations were not incorporated into the track change version because it was
already difficult to read.
Councilmember Buckshnis said she was concerned after speaking with Susan Paine who has worked in this
area. She did not understand why easements and vacations were combined in the same chapter and was
concerned with broken links when information is moved. She would like to take more time for review and
at Ms. Paine's request, she suggested staff provide a visual diagram of the difference between an easement
and a vacation. She questioned why compensation was not required for a vacation when there was an
easement. Since there has been only one vacation a year for the past four years, she questioned the urgency
of this change especially during budget time. She preferred to have more time to look at the global aspect
of the code and an overall code update rather than doing it piecemeal .
Councilmember Teitzel asked Mr. Taraday to respond to Mr. Tupper's challenge about his interpretation
of the State Constitution which could result in recall of Councilmembers and the Mayor. Mr. Taraday said
he would like to see the minutes where he is quoted saying that as that was not his recollection of the
statements he made to the Planning Board. He did say in response to a question that one could certainly
make the argument that if a City street were vacated with no compensation to the City whatsoever, that that
would be a gift of public funds. Excelsior Place was not exactly that because an easement was retained and
one can differ whether that retained easement was sufficient to offset what was given away. He thinks the
public can do better than that; anyone interested in protecting the public's finances would not want the City
to give away valuable property rights without obtaining fair compensation in return. That was ultimately
one of the things being considered, protecting the public's finances and maximizing the type of services the
City can provide and whether the City was unnecessarily giving away valuable rights without maximizing
the public's ability to recoup value from that transfer of property.
Mr. Taraday said it was ultimately up to the City Council to decide whether to adopt the recommendations
that allow for maximized return to the public. When he realized there were instances like Excelsior Place
where the City did not get resources it could have, he felt it was his obligation to let the City Council
understand the choices and let the City Council make a policy choice regarding those situations. That was
one of the reasons that both the staff recommendation and the Planning Board recommendation is included
because he felt it was his obligation to ensure the City Council was making the most informed decisions it
can. Presenting only the Planning Board recommendation without the alternate staff recommendation did
not seem like he was fully informing the Council in preparation for a decision.
Council President Fraley-Monillas asked the definition of alley and the difference between an alley and a
dedicated street. Ms. McConnell said an alley is dedicated right-of-way just like a street. The definition of
alley in ECDC Title 21 states, an alley is publicly dedicated right-of-way which provides a secondary means
of access. The definition of a street shall include an alley, provided however that an alley shall not be
considered a street for purposes of calculating the setback and front yard requirements. No lot fronting on
a street and alley shall be considered either a corner lot or a lot having two frontages. Council President
Fraley-Monillas observed an alley was different than a street because it provided a secondary means of
access.
Councilmember Tibbott relayed his understanding the function of an alley was a secondary way of
accessing property. He asked how often the City considers vacating an alley right-of-way, noting that did
not seem like a common occurrence. Ms. McConnell said property owners discuss alley vacations with staff
more commonly than one would think, mostly in areas where an alley is undeveloped and not currently
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used for access. When staff receives those requests or talks with a property owner at the counter, they
consider whether there are any utilities in the right-of-way, often underground utilities that the property
owner may be unaware of. She summarized alley vacations were discussed more frequently than any other
type of vacation at the front counter although they may not move forward.
Councilmember Tibbott recalled when he was on Planning Board a property owner wanted to vacate the
dead-end alley behind his house that was not used for access so he could use it for other purposes. He asked
if that was a fairly typical reason a citizen might inquire about vacating an alley. Ms. McConnell answered
property owners often want to make improvements on the land or it could be used to expand their setbacks
and allow expansion of their home's footprint. Councilmember Tibbott observed the vacation would be a
transfer of real property and real value to the homeowner where it could be used for purposes other than an
unopened alley. Ms. McConnell said once it was vacated the public would no longer have interest in the
land. Councilmember Tibbott commented as long as there was no public interest, it could make sense to
make that transfer.
Councilmember Tibbott asked what method was used to determine the value of property with an easement.
Ms. McConnell answered that is done via an appraisal process. Mr. Taraday explained one of the benefits
of moving the appraisal later in the process is the appraiser can take into account things like a retained
easement in determining the amount to be paid to the City. Obviously, a vacation that is subject to a retained
easement is not as valuable as a similar vacation that is not subject to a retained easement because frequently
a property owner is not allowed to build on top of a utility. The appraiser starts by determining the highest
and best use of the property, looks for comparable sales, etc. If the property is encumbered by a water pipe
for example and it is located in such a way that it is not possible to build in the vacated strip of land, it
would significantly reduce the value of the vacated right-of-way. Conversely, if the waterpipe was at the
far end of the vacated property such that one could still build on a portion of the vacated right-of-way, the
appraiser would consider that vacated property more valuable than the previous example.
Councilmember Tibbott observed there was something of a scientific method to evaluating the appraised
value even if there is an easement. Mr. Taraday said he is not an appraiser and did not know exactly the
methodology that appraisers use, but nearly all appraisers look at highest and best use and the presence of
a utility pipe would certain affect highest and best use and therefore fair market value. Based on that,
Councilmember Tibbott said he was comfortable with the "and" approach to an appraisal for vacations.
Councilmember Tibbott asked for an explanation of 30 versus 60 days waiting period and when it begins.
Mr. Taraday said it begins upon passage of the resolution of intent. Councilmember Tibbott asked if there
was any reason to prolong the waiting period, for example does the review process typically take longer
than 30 days. Mr. Taraday said 30 days was initially included in the draft based on caselaw from a case in
Federal Way years ago where someone tried to appeal a street vacation and the city did not have a clear
process for how and when that happens, leaving the court to decide after the fact whether the appellant's
appeal was timely or not. It seemed that some appeal period should be included in the code. There is nothing
magical about the 30 day time period; the Planning Board thought that seemed short and they did not want
property owners to rush to bring an appeal so they suggested a longer appeal period.
Councilmember Tibbott asked if the longer appeal period makes it more likely that the court would take
longer to review materials. Mr. Taraday answered it would certainly increase the likelihood that the
commencement of the appeal would take longer, but he did not think it would change anything in superior
court. Councilmember Tibbott favored the longer appeal time.
Councilmember Johnson observed the Council had a lot of questions and comments and it has been the
Council's rule of thumb not to make a decision the same night a public hearing is held to allow
Councilmembers to consider the public's comments. She recalled several street vacations and understood
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it was a decision for the City Council, but was often frustrated by the lack of context. The Council needs to
understand a proposed street vacation in light of the Comprehensive Plan, specifically the Transportation
Element and to update the City's official street map to determine if there are any future intended uses for
the right-of-way as well as the pedestrian plan. She summarized she was interested in context when
considering a street vacation and has often found that lacking.
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
INITIATE A TWO-STEP PROCESS TO RESOLVE THE DIFFERENCES BETWEEN THE
PLANNING BOARD AND THE STAFF RECOMMENDATIONS,1) ASK STAFF TO COME BACK
AT A LATER DATE WITH A CLEAR PRESENTATION ON THE TWO DIFFERENCES IN THE
CODE AND THE COUNCIL CAN DISCUSS EACH OF THE FIVE ITEMS AND REACH
RESOLUTION ON EACH, AND 2) ASK THE CITY ATTORNEY AND STAFF TO DEVELOP THE
FINAL ORDINANCE BASED ON THE RESOLUTION OF THOSE FIVE ITEMS AND RETURN
TO COUNCIL FOR APPROVAL.
Councilmember Mesaros referred to comments about rushing, commenting he did not feel rushed and there
had been several opportunities for review. The reason for the motion was to afford more opportunity for
citizens to comment during Audience Comments. To those who have commented about a piecemeal
approach to updating the code, he questioned how the code could be reviewed as a whole. It is a large code
and it has to be done piecemeal, being mindful of the need for consistency as the code is revised.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-
MONILLAS, TO AMEND THE MOTION TO INCLUDE A SECOND PUBLIC HEARING.
AMENDMENT CARRIED (6-0-1), COUNCILMEMBER MESAROS ABSTAINING.
UPON ROLL CALL, MAIN MOTION AS AMENDED CARRIED (5-2), COUNCIL PRESIDENT
FRALEY-MONILLAS AND COUNCILMEMBERS NELSON, MESAROS, TEITZEL AND
TIBBOTT VOTING YES; AND COUNCILMEMBERS JOHNSON AND BUCKSHNIS VOTING
NO.
Mayor Earling assumed this would be done by the end of the year or the process would need to start over
8. COUNCIL COMMITTEE REPORTS
MONTHLY COUNCIL SUBCOMMITTEE REPORTS AND MINUTES
Parks & Public Works Committee
Councilmember Johnson reported on items the committee reviewed:
• ILA Verdant Health Commission: Outdoor Fitness Zones Amendment — approved on Consent
Agenda
• Marsh Boardwalk Easement — approved on Consent Agenda
• Hyundai Pedestrian Easement — approved on Consent Agenda
• Lynnwood Mazda Pedestrian Easement — approved on Consent Agenda
• Presentation of a Professional Services Agreement with Tetra Tech for the Ballinger Regional
Facility — on tonight's agenda
• Citywide Pedestrian Enhancements Project -Easements — approved on Consent Agenda
• Investment Grade Audit for Citywide ESCO Project — on tonight's agenda
• PUD Aerial and Ground Easement at SE Corner of Frances Anderson Field (NW Corner of Dayton
& 8th) — on a future Council agenda
Finance Committee
Councilmember Buckshnis reported on items the committee reviewed:
• Approval of Expenditure for Historic Informational Panel — on a future Council agenda
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• August 2019 Monthly Financial Report — approved on Consent Agenda
• 3rd Quarter Budget Amendment — on a future Council agenda
• Update on Civic Park Bonds
9. ACTION ITEMS
1. INVESTMENT GRADE AUDIT FOR CITYWIDE ESCO PROJECT
Public Works Director Phil Williams commented the City has been doing ESCO projects even before he
joined the City 9'/z years ago. The projects begin with an investment grade audit by an energy savings
contractor that is certified by the State Department of Enterprise Services to provide that partnership with
local governments. The contractor looks at improvements, analyzes the options and guarantees the project
can be delivered at a guaranteed maximum price and guaranteed energy savings. The energy savings are
monitored for a period of years to ensure the energy savings. In this project, McKinstry, who recently
completed a facility assessment and identified deferred maintenance, would conduct the audit.
Mr. Williams explained this proposal would authorize the Mayor to enter into contract with McKinstry to
produce an investment grade audit and package it into a project for 2020. Staff is bringing this to Council
late in 2019 so the audit can be completed and projects begin in 2020. The preliminary 2020 budget includes
$1.5M as an investment in City buildings, the most the City has spent in recent years, an investment that is
overdue. An ESCO project would be a more convenient, easier way to deliver that much work in 2020. The
cost of the audit is $40,000; the agreement with McKinstry, similar to other investment grade audit
agreements, is included in the Council packet.
Councilmember Johnson relayed this was discussed at the Parks & Public Works Committee and the
members recommended it be reviewed by the full Council due to the Council's interest in energy
conservation.
COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS,
TO APPROVE THE EXPENDITURE OF $40,000 THIS YEAR IN ORDER TO INITIATE THIS
CONTRACT.
Councilmember Nelson observed there was a lighting audit proposed for all 18 City buildings and asked if
that was due primarily to the potential availability of utility grants. Mr. Williams answered there are energy
incentives available from SnoPUD and as well as State grants which have been obtained for most other
ESCO projects as well as a lot of local money. Lighting is the low hanging fruit; the City has been through
three generations of generations of lighting, T-12 florescent tubes, T-8 and now LED technology trumps
all other lighting technology. The audit will look for opportunities to use LED fixtures which will save a
lot of energy and the small investment allows it to be paid off in a short amount of time.
Councilmember Tibbott asked what an investment grade audit is. Mr. Williams said McKinstry has already
audited the City's buildings and developed a project list. McKinstry will confirm that, particularly related
to energy savings projects. The deficiency list includes numerous projects but not all are related to energy
savings; an ESCO project must include energy saving items. An ESCO project can replace old, tired
equipment that has been band -aided together that needs to be replaced anyway even if the replacement
doesn't save energy and if the replacement saves energy, which almost all new equipment does, it can be
included in an ESCO project and have guaranteed future savings. Mr. Williams reiterated ESCO projects
typically replace equipment that needed to be replaced anyway. Councilmember Tibbott assumed this
helped prioritize projects to undertake. Mr. Williams answered yes. Councilmember Tibbott said based on
that, he was in favor of the motion.
MOTION CARRIED UNANIMOUSLY.
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2. 3RD QUARTER BUDGET AMENDMENT
Mr. James reviewed:
• 11 decision packages totaling $190,877 in new expenditures
• Of these 11 decision packages, 5 are fully or partially self -funded
• $114,435 in revenues
• Overall Fund Balance reduced by $76,442
• Decrease fund balance: $72,000
Decision packages
1. $3,500 — Martin Luther King Tribute
2. $5,000 — Grant from the Washington State Arts Commission for the Creative Arts District
3. $35,000 — Plan review consultant (funded via permit revenues)
4. $4,000 — Public Records Request System expansion to include Edmonds Municipal Court
5. $81,278 Narcotics Task Force Sergeant
6. $1,935 — K-9 training bite suit and recruiting materials (funding provided by Edmonds Police
Foundation)
7. $9,350 — Police Reimbursable Overtime (funded via grant from Seattle FD and WA Traffic
Safety Commission)
8. $7,552 — Additional security at Taste of Edmonds (half funded by Chamber of Commerce)
9. $23,487 — Interfund Transfer to Close LID Fund 211, move funds from 211 to Contingency
Reserve Fund
10. $18,260 — Software price and maintenance increase
11. $1,515 — Open House on Marsh Study (Windward)
Summary:
o Revenues are increased by $114,435
o Expenditures are increased by $190,877
o Ending fund balance decreased by $76,442
Councilmember Tibbott asked if the shared cost of the narcotics officer was proposed to be funded from
the General Fund next year. Mr. James answered it is a decision package in the 2020 proposed budget as
an ongoing expense.
Councilmember Teitzel observed the Martin Luther King Tribute event is a decision package in this item
as well as on tonight's agenda as Item 10.1. He asked if approving the expenditure in the budget amendment
obviated the need for the agenda item. Mr. James said it was initially thought this would be handled via the
budget amendment process but it was subsequently added as an agenda item. It was up to the Council; one
option would be to pull this item from the budget amendment and include it in the fourth quarter budget
amendment. Councilmember Teitzel said he was in favor of funding the MLK Tribute event but was
confused regarding the process. Council President Fraley-Monillas said the intent was to have it approved
under Agenda Item 10.1 and not approved in advance. She suggested approving the other budget
amendments and she will make a motion to approve the MLK Tribute after the presentation in Agenda Item
10.1.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
APPROVE THE SECOND QUARTER BUDGET AMENDMENT ORDINANCE NO. 4161 WITH
EXCEPTION OF THE MARTIN LUTHER KING TRIBUTE WHICH WILL BE APPROVED AS
PART OF THE STUDY ITEM. MOTION CARRIED UNANIMOUSLY.
3. RESOLUTION IN OPPOSITION TO I-976
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Economic Development/Community Services Director Patrick Doherty pointed out RCW 42.17A.555
states the prohibition against using public facilities to support a campaign does not apply to the following
activities: Action taken at a public meeting by members of an elected legislative body so long as the agenda
item has had the required public notice and reference to the election item is referenced in the notice and
that the members of the public are afforded an opportunity to comment either way on the issue being
considered. That is how the Council is allowed to take action on an election item.
Mr. Doherty read the resolution
A RESOLUTION DECLARING MAYOR AND CITY COUNCIL OPPOSITION TO INITIATIVE 976
ON THE NOVEMBER 5, 2019 GENERAL ELECTION BALLOT.
WHEREAS, Initiative 976 has been certified for placement on the November 5, 2019 general election
ballot; and
WHEREAS, the intent of Initiative 976 is repeal vehicle licensing fees that fund municipal road resurfacing
and street maintenance programs, state freight mobility projects, Amtrak Cascades funding, voter -approved
Sound Transit 3 light rail and express bus funding; and
WHEREAS, the City of Edmonds strives to maintain and continuously improve its transportation
infrastructure for the benefit of its residents, visitors and employers; and
WHEREAS, the City has long been committed to keeping its streets in top condition through a robust street
overlay program; and
WHEREAS, the City Council and Mayor recognize that Initiative 976 would have extremely negative
impacts on City, County and State transportation infrastructure, including the loss of up to $700,000 for
Edmonds' street overlay budget on an annual basis; and
WHEREAS, passage of I-976 would result in a nearly $2 billion loss of six years in State transportation
funding for highways, the Washington State Patrol and other critical investments, impacting Snohomish
County and every corner of the state; and
WHEREAS, I-976 would strip more than $1.4 billion over six years from the State's Multimodal Account,
from which the City of Edmonds has received approximately $58,000 a year for several years; and
WHEREAS, Sound Transit would lose approximately $7 billion for Sound Transit 3 projects, putting in
jeopardy the completion of light rail service to and within Snohomish County, and most likely reversing
the recent $1,850,000 grant to Edmonds for bicycle and access improvements; and
WHEREAS, I-976 would jeopardize $100 million in biennial funding for State Regional Mobility Grants,
which help fund sidewalks, bike infrastructure, Safe Routes to School projects and projects that benefit
seniors and people with disabilities throughout the State, Snohomish County and Edmonds; and
WHEREAS, Initiative 976 threatens good -paying jobs in construction and the building trades that allow
thousands of workers to share in Washington's economic prosperity,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
EDMONDS:
The Mayor and City Council declare their opposition to Initiative 976, which will be on the statewide
general election ballot on November 5, 2019, as it would cause extreme harm to the development and
maintenance of transportation infrastructure in the City and surrounding area, thereby jeopardizing
economic growth and quality of life in Edmonds and throughout the region.
City Attorney Jeff Taraday said the exact language that is applicable is the public are afforded an
approximately equal opportunity for the expression of an opposing view. As the resolution seeks to oppose
the ballot measure, to do justice to the statute, the Council would want to invite member of public to speak
in support of the ballot measure.
COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
APPROVE RESOLUTION NO. , DECLARING THE MAYOR AND CITY COUNCIL'S
OPPOSITION TO INITIATIVE 976 ON THE NOVEMBER 5, 2019 GENERAL ELECTION
BALLOT.
Edmonds City Council Draft Minutes
October 15, 2019
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Packet Pg. 42
Mayor Earling offered the opportunity for anyone in audience to provide comment on intent on passage of
resolution. Tim Eyman asked if he would be allowed another opportunity to speak. Mayor Earling advised
he had already spoken under Audience Comments.
Councilmember Teitzel shared Mr. Eyman's discomfort that the valuation of car tabs was based on an odd
valuation of vehicles and he expressed his wish that the legislature would take up that issue. However, I-
976 was too broad and would have too much negative impact on the City.
Although Mr. Eyman had been afforded an opportunity to speak during Audience Comments, out of an
abundance of caution, Mr. Taraday said it was not worth the headache that could ensue if someone
complained about not properly complying with the statute. Because no one else was present to speak on
behalf of the ballot measure, he recommended allowing Mr. Eyman to speak.
Tim Eyman, Bellevue, said this resolution is politics; it is infused with politics, death, destruction of
western civilization and the Council as a government body is taking a vote on it. The law says the Council
is not allowed to use government resources, but what the Council is about to do is not a government
resource. With regard to the merits of I-976, beyond Sound Transit, when it comes to the vehicle fee that is
being imposed, the voters were not asked for their permission to impose the fee, the money was simply
taken which most voters do not like. With I-976 every voter in Edmonds as well as in other jurisdictions
has the opportunity to vote on the initiative. The beauty of the initiative process is everyone is equal; his
vote counts as much as Councilmembers or the Mayor's votes do. He expressed concern with government
resolutions telling voters how to vote. The initiative reduces car tabs to $30, but if additional fees are desired
in the future, it requires a public vote and an honest valuation system. Washington State has a $3.513 tax
surplus and record revenues; after the initiative passes, jurisdictions that receive funds from vehicle tabs
will lobby the legislature for a portion for the surplus. The Transportation Benefit District gives the City
the authority to raise the sales tax but only with voter approval. The reason the Council enacted the TBD
license fee was because they could do it without voter approval. In jurisdictions where voters are asked for
permission for a sales tax increase, there is a very high rate of support. However, when a vehicle fee is
placed on the ballot, it is always rejected.
Council President Fraley-Monillas said she did not necessarily disagree with Mr. Eyman, she is paying
hundreds a year for tabs for her 8-year old car with 140,000 miles on it. However, she disagreed with
eliminating the ability to maintain City streets. She also did not think the initiative is well written and it
does not allow the City to do what it needs to. She commented in addition to Sound Transit getting funding
from car tabs, there were property taxes, gas taxes, etc. She found it too difficult to support I-976 which
would roll back the work the City has been trying to do. She thanked Mr. Eyman for speaking very bluntly
and frankly.
MOTION CARRIED UNANIMOUSLY.
4. SECURITIZATION REQUIREMENT FOR EDMONDS SENIOR CENTER GRANTS
FROM THE STATE OF WASHINGTON
City Attorney Jeff Taraday said this is a second touch on this item; it was first introduced on October 1,
2019. He still has not received any substantial comments on the draft leasehold deed of trust and leasehold
promissory note that was sent to the Department of Commerce for review. He received an email from his
contact at the Department of Commerce who said they are very understaffed and trying to hire and she will
hopefully provide comments on the draft soon but was unable to commit to a specific date. He was hopeful
he will receive feedback from the State soon so that a final draft of the documents could be prepared.
Mr. Taraday reiterated the City is not a party to the documents, it is strictly between the Senior Center and
the State. The only reason the City is involved is because the ground lease with the Senior Center states the
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October 15, 2019
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7.1.a
City has a consent role before any lien can be placed on the property. The City is not a party to the deed of
trust; the City has the ability to consent to the Senior Center entering into this deed of trust. He
acknowledged a deed of trust sounds like a scary thing, but the deed of trust is only secured by the Senior
Center's leasehold interest in the property, not by the City of Edmonds' ownership interest in the property
so there is no real risk to the City's ownership interest in the event of a foreclosure.
Assuming the Council was inclined to give consent to the Senior Center, Mr. Taraday said the question
tonight was whether the Council authorizes the mayor and city attorney to work toward a final draft and
provide it to the Senior Center. Conversely, does the City Council want to see this again when a final draft
has been prepared. The reason he was asking was the possibility of slowing down the funding stream by
presenting the documents to Council again.
Council President Fraley-Monillas said this was moving in the right direction but she would be most
comfortable with Mr. Taraday continuing to move forward and bring it back to the Council. As the Council
is the keeper of City's interest, it would be appropriate for the Council to be aware when it is finalized.
Councilmember Buckshnis said she no problem with this and suggested working toward a final draft and
scheduling it on the Consent Agenda.
Councilmember Teitzel said he was comfortable but wanted to ask in plain language, is there absolutely no
financial risk to the City? Mr. Taraday said he was more comfortable phrasing it this way, it was hard for
him to conceive of a financial risk to the City. The reality is if the Senior Center were to default on this
promissory note and leasehold deed of trust, the State would become the tenant on the property. The
question is would there be a financial risk to the City of having the Department of Commerce as tenant
which is why he is hedging about saying there is absolutely no financial risk. He summarized it was
extremely hard for him to conceive of any significant risk. Councilmember Teitzel relayed his
understanding it would be extremely remote.
Councilmember Nelson said as much as he wants to proceed expeditiously, he cannot in good faith approve
a final draft without seeing it either on Consent or full Council. Mayor Earling suggested scheduling it on
the Consent Agenda. Council President Fraley-Monillas said she would pull it off the Consent Agenda.
Ferrell Fleming, Executive Director, Edmonds Senior Center, agreed the State was understaffed. The
risk is if this goes on a long time. The Senior Center is more than content to send the State the existing draft
as part of the package. If the State has any difficulty with it, they will contact the Senior Center. He reiterated
this is not a loan, it is a grant and is an essential part of the construction funding cashflow. State grants are
reimbursement grants but they turn them around very rapidly. The project will need the $4M relatively
soon. If this continues and the State does not come through, the project begins to be in financial trouble.
There is zero risk to the City. The State is not asking for payment; the Center's commitment is to do what
they said they would do, run a senior and community center under the name of Edmonds Waterfront Center
for the benefit of the community for ten years. The Senior Center would rather use the existing draft that
Mr. Taraday developed rather than wait for the State. If it takes a long time, there are real financial risks
that are more likely to come back and bite the City.
5. AUTHORIZATION FOR THE MAYOR TO SIGN A PROFESSIONAL SERVICES
AGREEMENT WITH TETRA TECH FOR THE BALLINGER REGIONAL FACILITY
City Engineer Rob English explained this is a professional services agreement with Tetra Teach for a
predesign study of an infiltration facility at Mathay Ballinger Park. He described benefits of an infiltration
facility that would be constructed within the Lake Ballinger watershed, first, reducing the amount of runoff
into Lake Ballinger by reducing the potential for flooding. Second, improving the water quality within the
lake. The Lake Ballinger watershed is about 40-50% impervious surfaces that create contamination that is
Edmonds City Council Draft Minutes
October 15, 2019
Page 15
Packet Pg. 44
introduced into the runoff. If that runoff can be diverted into this infiltration facility that will have a water
quality treatment component, it will reduce the amount of contaminants entering the lake. Third, depending
on the size of the facility, provide stormwater mitigation for future improvements for the Hwy 99
revitalization project as well as benefits for redevelopment on Hwy 99.
The City issued a request for qualifications in August; two firms responded, Tetra Tech and KPFF. The
consultant selection panel selected Tetra Tech based on their qualifications and experience. The scope of
work includes eight tasks and will complete a feasible study and create two alternatives through 30% design
with a goal of selecting a preferred alternative. It will also include seeking opportunities for grants to fund
the project. The proposed fee is approximately $325,000; the 2019 approved budget is $375,000 from the
Stormwater Utility fund. Staff s recommendation is to approve the contract.
Mr. Williams said a project like this could qualify for state grant funding programs and it could provide
service to commercial development on Hwy 99; the City would sell capacity in the regional facility which
would presumably be less than a commercial property owner would pay to install their own. There are no
guarantees at this point but those are potential funding sources.
Councilmember Johnson said this was discussed at the Park & Public Works Committee and forwarded to
full Council due to the importance of the project to the Council as well as the cost.
COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT WITH TETRA TECH IN THE
AMOUNT OF $324,869, FUNDED FULLY BY THE STORMWATER UTILITY FUND.
Councilmember Buckshnis commented this project would be over $1M. Mr. Williams said part of the
analysis of the drainage area would be to find out how much stormwater could be rerouted. Two options
along with the cost will be developed for discussion with City Council.
MOTION CARRIED UNANIMOUSLY.
Mayor Earling declared a brief recess and left the meeting at 9:05 p.m. Mayor Pro Tern Fraley-Monillas
reconvened the meeting at 9:14 p.m.
10. STUDY ITEMS
1. COUNCIL FUNDING FOR SPONSORSHIP OF THE MARTIN LUTHER KING TRIBUTE
Mayor Pro Tem Fraley-Monillas referred to the tribute to Martin Luther King on January 21 at 7:30 p.m. at
the Edmonds Center for the Arts. Last year the Mayor's office contributed a small amount. This is an
opportunity for the City Council to contribute to the 2020 event along with other cities.
Donnie Griffin, Edmonds, Founder of Lift Every Voice Legacy (LEVL), explained LEVL is a
community group of leaders that began meeting in his home to discuss elements of a beloved community,
talked most famously about by Rev. Dr. Martin Luther King. The issue that concerned him most was the
number of hate -inspired incidents that have occurred and how to get in front of that. He gets very upset
every time there is an incident as well as with the statements that is not Edmonds, that is not what Edmonds
stands for. It is important to create an environment that we believe and want to live in a place that is free of
hatred, injustice and poverty and where we love and respect our neighbors. The January 2018 event was
LEVL's first MLK tribute. Rather than having a lecture or speaker, they wanted to do it differently by using
song, spoken word and dance to engage people in the notion of a beloved community. hi 2019, LEVL
underestimated the number of people who would attend and the reaction to the event. The letters, email and
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Packet Pg. 45
7.1.a
comments about the event continued even several months later so LEVL decided to do hold the event again
in 2020.
Mr. Griffin explained in the interim, LEVL did other programs such as One Book One Community Reading
Program where the community reads one book relative to beloved community and then discusses it which
was very successful. Sno-Isle libraries in Edmond, Mountlake Terrace, Lynnwood and Shoreline have
expressed interest in bringing that group together. He asked for the Council's for support for the second
annual event on January 21s1. A $3,500 sponsorship commitment from the City of Edmonds would help
with outreach to low income and communities/citizens of color who do not normally look to downtown
Edmonds as a place for social engagement. After receiving a grant from the Hazel Miller Foundation, he
was asked to provide an evaluation. That evaluation was very detailed in the goals that were met; however,
one goal was not met was the number of community of color people attending that event although they did
outreach through the Edmonds Diversity Commission, Snohomish County NWACP, the Community of
Color Coalition, the Lynnwood and Shoreline Diversity and Inclusion groups as well as the ECA. When he
made contact with people after the event, they said they did not think of Edmonds as place where they
wanted to hang around at night. One of LEVL's goals is to change that and he was asking the City to create
a partnership with LEVL to bring people to Edmonds so Edmonds can experience the more diverse
population that lives on Hwy 99, in Seattle, Everett, etc.
Mr. Griffin said they are also requesting support from Shoreline who make a commitment last year and will
make a similar financial commitment this year and Lynnwood and Mountlake Terrace have invited him to
share ways they can participate. Mayor Pro Tern Fraley-Monillas observed this would be funded from
ending fund balance. Mr. James agreed.
Councilmember Buckshnis commented this is a wonderful event; she will be unable to attend but will be
there in spirit.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS,
FOR APPROVAL.
Councilmember Teitzel expressed his appreciation to Mr. Griffin and his team for bringing this forward.
He attended last year's event and found it very moving and powerful. More of this type of thing is needed
so Edmonds becomes more inclusive and more supportive of diversity and it is the right thing to do.
Councilmember Mesaros observed the entry fee is $10 general admission, $5 students and asked if there
would be an opportunity for discount tickets, scholarships, etc. Mr. Griffin said the ticket price in 2020 will
be $12. The sponsorship from the City would allow LEVL's outreach efforts to make tickets available to
those who might otherwise be unable to attend. Councilmember Mesaros commented a single ticket was
$12, but for a family of five, the cost could be $60. He envisioned this as an opportunity for a family to
enjoy an evening together. Mr. Griffin said the program in the morning is free to fit that audience. They
will also use resources to make tickets available to the evening program.
Councilmember Nelson said he had the pleasure of attending last year in the morning with his children who
enjoyed the event. He expressed his appreciation for doing something proactively as opposed to reactively.
He agreed it was frustrating to react and this was a wonderful opportunity to do something proactively, to
bring people together to show that Edmonds is a very inclusive community.
Mr. James recommended the motion include adding this to the budget amendment.
The motion was restated as follows:
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October 15, 2019
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Packet Pg. 46
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER NELSON, TO
APPROVE AND TO AMEND THE THIRD QUARTER BUDGET AMENDMENT TO INCLUDE
$3,500 FOR THE MARTIN LUTHER KING TRIBUTE. MOTION CARRIED UNANIMOUSLY.
2. CITY ATTORNEY EVALUATION
Councilmember Mesaros explained tonight the Council would look at the score sheet and the questions and
Councilmember Teitzel will present a new document with next steps for comparative data.
Councilmember Mesaros explained the packet includes a summary score sheet with 14 respondents
including two directors who left the city, Mary Ann Hardie and Carrie Hite. The blank on the score sheet
represent a non -applicable answer. The mean score is the average score. Councilmember Johnson and he
discussed that his calculations on the median score were probably not correct and they will work together
to revise it. For the median score, he took out one of the high scores and one of the low scores and averaged
which is statistically an incorrect approach to the median score. He corrected the median score for Question
2.d from 5 to 6. 10.
Councilmember Mesaros encouraged Councilmembers to review the scores with the list of questions. He
referred to the average score on page 3, pointing out respondent 10 had the lowest score of 1.86, yet
respondent 12 had all 7s. He summarized it was interesting to see the breadth of the average scores, pointing
out the average of the average scores was 5.6, a pretty good response on a scale of 1-7.
Councilmember Teitzel explained this is a two part process, Part A that Councilmember Mesaros reviewed,
the quality of representation the City receives from the city attorney and his team. Part B is the value the
City receives relative to other cities in the area. The city attorney contract is up for renewal at the end of
the year and it is important to have a good grasp of the quality of representation as well as the value. Options
include retaining the current city attorney, contracting with a different city attorney, or hiring an in-house
attorney. Councilmember Mesaros and he developed a questionnaire and survey to obtain information from
other cities. They requested input from Mr. James, Mr. Turley, Mr. Taraday and Ms. Neill Hoyson on the
questions. The intent was to limit the questions to information that is absolutely essential in making a
determination. Although the questionnaire looks daunting, there are questions for cities that have in-house
legal services and cities with contracted legal services.
Councilmember Teitzel explained ten cities in Snohomish and King Counties have been identified that are
subject to the same economic forces as Edmonds which drives the cost of legal representation. Once the
City approves the list of questions, they will contact the mayors of the cities to advise of their intent to
contact city employees to ask the questions. They will likely start with HR directors as that individual will
be able to answer many of the questions. Others will be directed to the finance director. The intent is to
gather all the data from the cities by November 8t'', consolidate the information and bring it to Council by
the end of November, leaving the month of December to collectively consider the data and make a decision
regarding the city attorney. He advised Councilmember Mesaros and he will develop a template for input.
Mayor Pro Tern Fraley-Monillas commented there are two different issues, the evaluation process and how
to obtain legal services in the future. She asked the next step for the evaluation. Councilmember Mesaros
encouraged Councilmembers to take time to study the evaluation and he did not anticipate any action
tonight. He suggested acknowledging the results of the evaluation and taking advantage of additional
statistical analysis that Councilmember Johnson will provide. On its face, the scores on the evaluation are
reasonable. He recommended an evaluation occur more often than when the contract is renewed. There is
somewhat of a rush because Lighthouse's contract expires at the end of the year but he was certain
Lighthouse would like to get feedback more often than every four years such as every other year so they
have an opportunity to make corrections in how they approach their work with the City if necessary.
Employees are evaluated on a regular basis; Lighthouse is a vendor with a quasi -employee relationship.
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7.1.a
Mayor Pro Tem. Fraley-Monillas asked if the summary score was the evaluation. Councilmember Mesaros
answered yes with the exception that Councilmember Johnson will look at the median score. Mayor Pro
Tern Fraley-Monillas recalled Councilmember Teitzel requesting input on the questions by tomorrow
morning. Councilmember Teitzel said he was hopeful any concern about the questions could be resolved
tonight so they could begin making calls tomorrow. Mayor Pro Tern Fraley-Monillas asked if he wanted to
take a break to allow Council an opportunity to read the questions. Councilmember Teitzel assumed Council
would have read the questions as they were included in the packet.
Councilmember Mesaros said Councilmember Teitzel and he were meeting tomorrow to start the process
and he anticipated it would be Friday before they began making calls to ask questions. He suggested any
Council questions/comments about the questions be provided by Friday.
Councilmember Teitzel expressed concern that if questions/comments were provided by Friday, the full
Council will not have an opportunity to see and approve them which would delay the process until the
following week. He was concerned the year was quickly getting away and if there were more delays, it
would not get finished this year.
Councilmember Johnson expressed her reservations about Councilmembers doing essentially HR tasks.
The City hired a new HR director and she suggested she should be doing the research on behalf of the City
Council rather than Councilmembers doing it on behalf of the Council. She appreciated the evaluation that
had been done and although it was announced that it was being done, she was unsure the full Council
embraced what they were doing or provided authorization. Although the train was moving on a straight
track she was not quite on board.
Councilmember Nelson expressed concern there were more questions for cities with in-house legal services
than for cities with contract legal services and suggested for equity purposes having the same number of
questions. He understood there may be different questions but there should be a similar number of
questions.
Councilmember Buckshnis said she did all this work herself in 2014 because the Council did not have a
legislative assistant. The Council is responsible for the contract city attorney. She said the questions are
great and there did not need to be the same number of questions for cities with in-house legal services and
those with contract legal services because there are many different aspects to hiring an in-house attorney.
She agreed it was tremendous amount of work and time was running out. If the Council doesn't reach a
resolution this year, Lighthouse's contract can be extended.
In response to Councilmember Nelson's question about the number of questions for cities with in-house
legal services, Councilmember Mesaros said part of the reason was to ensure all the fees associated with
in-house legal services are identified. As Councilmember Teitzel and he reviewed the information, it is
easier for determine the cost of legal services for a contract city attorney and more difficult when some
legal services are contract and some are in-house. The reason for the additional questions was to capture all
those charges.
Councilmember Teitzel agreed, explaining the in-house arrangements are more complicated than contract
legal services because in some cities the in-house staff does prosecution so there is a partial contracted
element as well as the in-house element. The questions ask about the hiring process as there is a limited
population of attorneys that serve municipal law. He agreed the list of questions could be reviewed again
and any that were not essential could be pared out.
Edmonds City Council Draft Minutes
October 15, 2019
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Packet Pg. 48
7.1.a
Councilmember Teitzel said it is important for this City Council to make a decision by the end of year if at
all possible because Councilmembers have had extensive involvement and interaction with Mr. Taraday
and the Lighthouse Law Group and have a very good sense for the attorney arrangement and it will be
important to compare both the quality and the value. If this rolls into next year, there will be a new mayor
and a number of new councilmembers who have no experience with Mr. Taraday and Lighthouse and he
was very uneasy with the future of the City if a very novice group made that important decision. He
summarized with a one week delay, it could probably still be done this year but he did not want to delay
more than a week.
With regard to completing the evaluation this year, Councilmember Johnson said if the City Council is
satisfied with the arrangement with Lighthouse, it would be relatively easy to extend the contract. If the
Council is not satisfied with Lighthouse or the Council wants to have an in-house attorney, she asked the
projected timeline to accomplish that before a new mayor and new councilmembers are seated.
Councilmember Mesaros reiterated they anticipate having the surveys done by November 8, extrapolating
the data and bringing back the findings to Council by the end of November. That would leave the month of
December for the Council to take action.
Mayor Pro Tem Fraley-Monillas summarized the Council would review the performance evaluation and
submit any questions/comments regarding the comparative study by Friday to Councilmember Mesaros or
Councilmember Teitzel.
Councilmember Teitzel said if changes/suggestions to the survey questions can be submitted by Friday, it
can be on the agenda for approval next Tuesday so that Councilmember Mesaros and he have the authority
to begin contacting other cities. Otherwise this process will not get done this year.
11. MAYOR'S COMMENTS
Mayor Pro Tem Fraley-Monillas referred to a letter Councilmembers received from the Washington
Coalition for Open Government and distributed a hardcopy. After speaking with Mayor Earling and
Councilmember Teitzel, she plans to set up small group of Councilmembers to determine whether to do
anything further. Councilmember Teitzel will chair the committee and she will recruit two other
Councilmembers to participate.
12. COUNCIL COMMENTS
Councilmember Teitzel reported he attended the Washington Conservation Voters annual breakfast
conference last week in Seattle. It was very well attended and Governor Inslee was the keynote speaker. He
is enthusiastic about the future of the city, county and state, orca recovery, air quality, etc.
Councilmember Mesaros reported on the public reception last Saturday at the Edmonds Center for the Arts
prior to the performance by Violinist Kelly Hall -Tompkins that Council President Fraley-Monillas,
Councilmember Tibbott and he attended along with a few hundred others. Ms. Hall -Tompkins was the
background violinist for the new production of Fiddler on the Roof and received a standing ovation at her
performance at the ECA. He summarized how great it was to have a facility like the ECA to bring that kind
of talent to Edmonds.
13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(1)(i)
This item was not needed.
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October 15, 2019
Page 20
Packet Pg. 49
7.1.a
14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
This item was not needed.
15. ADJOURN
With no further business, the Council meeting was adjourned at 9:50 p.m.
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October 15, 2019
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Packet Pg. 50
7.2
City Council Agenda Item
Meeting Date: 10/22/2019
Approval of claim, payroll and benefit checks, direct deposit and wire payments.
Staff Lead: Scott Jamea
Department: Administrative Services
Preparer: Nori Jacobson
Background/History
Approval of re -issued claim check #239107 dated October 15, 2019 for $2,103.20 and claim checks
#239108 through #239190 dated October 17, 2019 for $302,433.45. Approval of wire payments
$3,627.49, $4,641.22 and $22,868.03
Approval of payroll direct deposit and checks #63940 through #63944 for $571,944.46, benefit checks
#63945 through #63949 and wire payments of $580,448.94 for the pay period October 1, 2019 through
October 15, 2019.
Staff Recommendation
Approval of claim, payroll and benefit checks, direct deposit and wire payments.
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.
Attachments:
claims 10-15-19
claims 10-17-19
wire 10-11-19
wire 1522 10-11-19
wire 10-17-19
payroll summary 10-18-19
payroll benefits 10-18-19
Packet Pg. 51
7.2.a
vchlist
10/15/2019 7:25:20AM
Bank code : usbank
Voucher Date Vendor
239107 10/15/2019 072005 BROCKMANN, KERRY
1 Vouchers for bank code : usbank
1 Vouchers in this report
Voucher List
City of Edmonds
Invoice PO # Description/Account
8038 8053 YOGA 8038 8053 PILATES AND YOGA INS-
8038 PILATES INSTRUCTION
001.000.64.571.27.41.00
8053 YOGA WED W/ KERRY CLASS
001.000.64.571.27.41.00
8050 8056 YOGA 8050 8056 YOGA INSTRUCTION
8050 YOGA GENTLE WED CLASS If
001.000.64.571.27.41.00
8056 YOGA TH W/ KERRY CLASS II`
001.000.64.571.27.41.00
Total
Bank total
Total vouchers
Page: 1
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7.2.b
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239108 10/17/2019 076040 911 SUPPLY INC
Voucher List
City of Edmonds
Invoice
80051
80052
80058
239109 10/17/2019 077000 ADVANCED VALVE TECHNOLOGIES SIN006163
SIN006264
PO # Description/Account
INV 80051 - EDMONDS PD-
R.STRA
BALLISTIC PANELS
001.000.41.521.22.24.00
CONCEALABLE CARRIER
001.000.41.521.22.24.00
TRAUMA PLATE
001.000.41.521.22.24.00
10.0% Sales Tax
001.000.41.521.22.24.00
INV 80052 - EDMONDS PD-
K.STRU
4 SH I RT ALTERATIONS
001.000.41.521.71.24.00
4 PATCH INSTALLATIONS
001.000.41.521.71.24.00
10.0% Sales Tax
001.000.41.521.71.24.00
INV 80058 - EDMONDS PD
- T.LOCN
BALLISTIC PANELS
001.000.41.521.22.24.00
CONCEALABLE CARRIER
001.000.41.521.22.24.00
TRAUMA PLATE
001.000.41.521.22.24.00
10.0% Sales Tax
001.000.41.521.22.24.00
Total
WATER PARTS/ SUPPLIES
WATER PARTS/ SUPPLIES
421.000.74.534.80.31.00
Freight
421.000.74.534.80.31.00
WATER - PARTS/ SUPPLIES
WATER - PARTS/ SUPPLIES
Page: 1
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Packet Pg. 53
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher List
City of Edmonds
Voucher
Date Vendor
Invoice
PO # Description/Account
239109
10/17/2019 077000 ADVANCED VALVE TECHNOLOGIES
(Continued)
421.000.74.534.80.31.00
Freight
421.000.74.534.80.31.00
Tota I :
239110
10/17/2019 075197 AGREEMENT DYNAMICS INC
5497
INV 5497 EDMONDS PD
SUCCESS SIGNALS TRAINING - PR
001.000.41.521.11.41.00
SUCCESS SIGNALS BOOKS
001.000.41.521.11.41.00
10.1 % Sales Tax
001.000.41.521.11.41.00
Tota I :
239111
10/17/2019 000850 ALDERWOOD WATER DISTRICT
10521
MONTHLY WHOLESALE WATER Cl-
MONTHLY WHOLESALE WATER CF
421.000.74.534.80.33.00
Total
239112
10/17/2019 073573 ANIXTER
23K236472
CITY PARK BUILDING - SUPPLIES
CITY PARK BUILDING - SUPPLIES
001.000.66.518.30.31.00
10.4% Sales Tax
001.000.66.518.30.31.00
Total
239113
10/17/2019 069751 ARAMARK UNIFORM SERVICES
1991437404
PUBLIC WORKS OMC LOBBY MATE
PUBLIC WORKS OMC LOBBY MATE
001.000.65.518.20.41.00
PUBLIC WORKS OMC LOBBY MATE
111.000.68.542.90.41.00
PUBLIC WORKS OMC LOBBY MATE
421.000.74.534.80.41.00
PUBLIC WORKS OMC LOBBY MATE
422.000.72.531.90.41.00
7.2.b
Page: 2
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Packet Pg. 54
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239113 10/17/2019 069751 ARAMARK UNIFORM SERVICES
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
PUBLIC WORKS OMC LOBBY MATE
423.000.75.535.80.41.00
PUBLIC WORKS OMC LOBBY MATE
511.000.77.548.68.41.00
10.4% Sales Tax
001.000.65.518.20.41.00
10.4% Sales Tax
111.000.68.542.90.41.00
10.4% Sales Tax
421.000.74.534.80.41.00
10.4% Sales Tax
422.000.72.531.90.41.00
10.4% Sales Tax
423.000.75.535.80.41.00
10.4% Sales Tax
511.000.77.548.68.41.00
1991437405
FLEET DIVISION UNIFORMS & MAT
FLEET DIVISION UNIFORMS
511.000.77.548.68.24.00
FLEET DIVISION MATS
511.000.77.548.68.41.00
10.4% Sales Tax
511.000.77.548.68.24.00
10.4% Sales Tax
511.000.77.548.68.41.00
1991441652
FACILITIES DIVISION UNIFORMS
FACILITIES DIVISION UNIFORMS
001.000.66.518.30.24.00
10.4% Sales Tax
001.000.66.518.30.24.00
1991447277
PUBLIC WORKS OMC LOBBY MATE
PUBLIC WORKS OMC LOBBY MATE
111.000.68.542.90.41.00
PUBLIC WORKS OMC LOBBY MATE
7.2.b
Page: 3
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Packet Pg. 55
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239113 10/17/2019 069751 ARAMARK UNIFORM SERVICES
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
421.000.74.534.80.41.00
PUBLIC WORKS OMC LOBBY MATE
422.000.72.531.90.41.00
PUBLIC WORKS OMC LOBBY MATE
423.000.75.535.80.41.00
PUBLIC WORKS OMC LOBBY MATE
511.000.77.548.68.41.00
10.4% Sales Tax
001.000.65.518.20.41.00
10.4% Sales Tax
111.000.68.542.90.41.00
10.4% Sales Tax
421.000.74.534.80.41.00
10.4% Sales Tax
422.000.72.531.90.41.00
10.4% Sales Tax
423.000.75.535.80.41.00
10.4% Sales Tax
511.000.77.548.68.41.00
PUBLIC WORKS OMC LOBBY MATE
001.000.65.518.20.41.00
1991447278
FLEET DIVISION UNIFORMS & MAT
FLEET DIVISION UNIFORMS
511.000.77.548.68.24.00
FLEET DIVISION MATS
511.000.77.548.68.41.00
10.4% Sales Tax
511.000.77.548.68.24.00
10.4% Sales Tax
511.000.77.548.68.41.00
1991451576
WWTP: UNIFORMS,TOWELS+MATT
Mats/Towels
423.000.76.535.80.41.00
Uniforms
7.2.b
Page: 4
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Packet Pg. 56
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239113 10/17/2019 069751 ARAMARK UNIFORM SERVICES
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
423.000.76.535.80.24.00
10.4% Sales Tax
423.000.76.535.80.41.00
10.4% Sales Tax
423.000.76.535.80.24.00
1991451577
PARKS MAINT UNIFORM SERVICE
PARKS MAINT UNIFORM SERVICE
001.000.64.576.80.24.00
10.4% Sales Tax
001.000.64.576.80.24.00
1991451578
FACILITIES DIVISION UNIFORMS
FACILITIES DIVISION UNIFORMS
001.000.66.518.30.24.00
10.4% Sales Tax
001.000.66.518.30.24.00
1991457164
PUBLIC WORKS OMC LOBBY MATE
PUBLIC WORKS OMC LOBBY MATE
001.000.65.518.20.41.00
PUBLIC WORKS OMC LOBBY MATE
111.000.68.542.90.41.00
PUBLIC WORKS OMC LOBBY MATE
421.000.74.534.80.41.00
PUBLIC WORKS OMC LOBBY MATE
422.000.72.531.90.41.00
PUBLIC WORKS OMC LOBBY MATE
423.000.75.535.80.41.00
PUBLIC WORKS OMC LOBBY MATE
511.000.77.548.68.41.00
10.4% Sales Tax
001.000.65.518.20.41.00
10.4% Sales Tax
111.000.68.542.90.41.00
10.4% Sales Tax
421.000.74.534.80.41.00
7.2.b
Page: 5
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Packet Pg. 57
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239113 10/17/2019 069751 ARAMARK UNIFORM SERVICES
239114 10/17/2019 075523 ART WALK EDMONDS
239115 10/17/2019 071124 ASSOCIATED PETROLEUM
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
10.4% Sales Tax
422.000.72.531.90.41.00
10.4% Sales Tax
423.000.75.535.80.41.00
10.4% Sales Tax
511.000.77.548.68.41.00
1991457165
FLEET DIVISION UNIFORMS & MAT
FLEET DIVISION UNIFORMS
511.000.77.548.68.24.00
FLEET DIVISION MATS
511.000.77.548.68.41.00
10.4% Sales Tax
511.000.77.548.68.24.00
10.4% Sales Tax
511.000.77.548.68.41.00
Total
BID-09242019
BID/ED! GRANT AWARD TO ART W/
BID/Ed! Grant award to Art Walk Edm
140.000.61.558.70.41.00
Total
0115244-IN
FLEET - REG FUEL & DIESEL
DIESEL 3,000 GALLONS
511.000.77.548.68.34.10
WA St Excise Tax Gas, WA Oil Spill
511.000.77.548.68.34.10
REG FUEL 6,800 GALLONS
511.000.77.548.68.34.11
WA St Excise Tax Gas, WA Oil Spill
511.000.77.548.68.34.11
WA ST SERVICE FEE
511.000.77.548.68.34.11
10.4% Sales Tax
511.000.77.548.68.34.11
7.2.b
Page: 6
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Page: 6
Packet Pg. 58
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
Bank code : usbank
Voucher Date Vendor Invoice
239115 10/17/2019 071124 071124 ASSOCIATED PETROLEUM (Continued)
239116 10/17/2019 075217 BASLER, ANTHONY 41580
239117 10/17/2019 073834 BATTERIES PLUS P19429492
239118 10/17/2019 074307 BLUE STAR GAS 1128899-IN
1129647-I N
1130519-IN
239119 10/17/2019 071816 CARLSON, JESSICA 7956 DRAWING
239120 10/17/2019 069813 CDW GOVERNMENT INC VFQ5140
PO # Description/Account
Total
INTERPRETER 10-2-19 9ZO398250
INTERPRETER FOR 10-2-19 PTR-
001.000.23.512.50.41.01
Total
WWTP: BATTERIES: 1.5V, 9V ALKAI
BATTERIES: 1.5V, 9V ALKALINE&LI-
423.000.76.535.80.31.00
10.4% Sales Tax
423.000.76.535.80.31.00
Total
FLEET - AUTO PROPANE 732.8 GAL
FLEET - AUTO PROPANE 732.8 GAL
511.000.77.548.68.34.12
FLEET - AUTO PROPANE 690.9 GAL
FLEET - AUTO PROPANE 690.9 GAL
511.000.77.548.68.34.12
FLEET - AUTO PROPANE 670.7 GAL
FLEET - AUTO PROPANE 670.7 GAL
511.000.77.548.68.34.12
Total
7956 ADVENTURES IN ANIME WOR
7956 ADVENTURES IN ANIME WOR
001.000.64.571.22.41.00
Total
SMART UPS & CARD FOR A/V RACI
10.4% Sales Tax
512.000.31.518.88.48.00
APC SMART UPS & Network ManagE
512.000.31.518.88.48.00
Total
7.2.b
Page: 7
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Page: 7
Packet Pg. 59
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239121 10/17/2019 077245 CRASH DATA GROUP INC
239122 10/17/2019 077247 CRUZ, CHRISTINE M
239123 10/17/2019 064531 DINES, JEANNIE
239124 10/17/2019 075515 ECOSS
239125 10/17/2019 007625 EDMONDS ARTS FESTIVAL
239126 10/17/2019 007675 EDMONDS AUTO PARTS
Voucher List
City of Edmonds
Invoice PO # Description/Account
INV8588 INV INV8588 - EDMONDS PD
CRASH DATA SOFTWARE RENEWF
001.000.41.521.71.49.00
Total
WOTS CONTRACT 2019 WOTS PSA FOR OPERATION
2019 WOTS PSA FOR OPERATION
117.100.64.573.20.41.00
Total
19-3962
INV 19-3962 - EDMONDS PD
CASE 19-4431 TRANSCRIPTION
001.000.41.521.21.41.00
CASE 19-724 TRANSCRIPTION
001.000.41.521.21.41.00
CASE 19-18430 TRANSCRIPTION
001.000.41.521.21.41.00
19-3967
CITY COUNCIL MTG. MIN. & TRANS
city council meeting minutes &
001.000.25.514.30.41.00
Total
00001
2019 EDMONDS SPILL KIT CONTRf
2019 Edmonds Spill Kit Contract
422.000.72.531.90.41.20
Total
10/14/2019
EAF TOURISM PROMOTION AGREE
EAF TOURISM PROMOTION AGREE
123.000.64.573.20.41.00
Total
1-100200
PM: SUPPLIES
PM: SUPPLIES
001.000.64.576.80.31.00
10.4% Sales Tax
7.2.b
Page: 8
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Page: 8
Packet Pg. 60
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
Bank code : usbank
Voucher Date Vendor Invoice
239126 10/17/2019 007675 EDMONDS AUTO PARTS (Continued)
239127 10/17/2019 076610 EDMONDS HERO HARDWARE 1473
1476
239128 10/17/2019 069523 EDMONDS P&R YOUTH SCHOLARSHIP 7934 A NASSIRI
239129 10/17/2019 038500 EDMONDS SENIOR CENTER
239130 10/17/2019 008705 EDMONDS WATER DIVISION
2019-15
2019-17
2019-19
1-00655
1-00925
PO # Description/Account
001.000.64.576.80.31.00
Total :
PM SUPPLIES: LEADER HOSE, SCF
PM SUPPLIES: LEADER HOSE, SCF
001.000.64.576.80.31.00
10.4% Sales Tax
001.000.64.576.80.31.00
PM SUPPLIES: NUTS, BOLTS, SCRE
PM SUPPLIES: NUTS, BOLTS, SCRE
001.000.64.576.80.31.00
10.4% Sales Tax
001.000.64.576.80.31.00
Total
7934 A NASSIRI YOUTH SCHOLAR
7934 A NASSIRI YOUTH SCHOLAR
122.000.64.571.20.49.00
Total
08/19 RECREATION SERVICES COI
08/19 Recreation Services Contract F
001.000.39.569.10.41.00
09/19 RECREATION SERVICES COf
09/19 Recreation Services Contract F
001.000.39.569.10.41.00
10/19 RECREATION SERVICES COI
10/19 Recreation Services Contract F
001.000.39.569.10.41.00
Total
LIFT STATION #7 71 W DAYTON ST
LIFT STATION #7 71 W DAYTON ST
423.000.75.535.80.47.10
LIFT STATION #8 107 RAILROAD AV
7.2.b
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Page: 9
Packet Pg. 61
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239130 10/17/2019 008705 EDMONDS WATER DIVISION
Voucher List
City of Edmonds
Invoice
(Continued)
1-01950
1-03950
1-05350
1-05705
1-13975
239131 10/17/2019 008812 ELECTRONIC BUSINESS MACHINES AR147494
239132 10/17/2019 076170 EN POINTE TECHNOLOGIES SALES 900595652
239133 10/17/2019 077143 ENVIROISSUES INC
165-007-000-5
PO # Description/Account
LIFT STATION #8 107 RAILROAD AV
423.000.75.535.80.47.10
LIFT STATION #1 450 SUNSET AVE,
LIFT STATION #1 450 SUNSET AVE,
423.000.75.535.80.47.10
OLD PUBLIC WORKS (NORTH) 200
OLD PUBLIC WORKS 200 DAYTON
421.000.74.534.80.47.00
OLD PUBLIC WORKS (SOUTH) 200
OLD PUBLIC WORKS (SOUTH) 200
421.000.74.534.80.47.00
LIFT STATION #6 100 PINE ST / ME1
LIFT STATION #6 100 PINE ST / ME1
423.000.75.535.80.47.10
CITY HALL 121 5TH AVE N / METER
CITY HALL 121 5TH AVE N / METER
001.000.66.518.30.47.00
Total
INV AR147494 -ACCT MK5031- EDIV
B/W METER READING - RZJ01403
001.000.41.521.10.45.00
10.4% Sales Tax
001.000.41.521.10.45.00
Total
MICROSOFT VISIO STANDARD 201
Microsoft Visio Standard 2019 Select
001.000.66.518.30.49.00
10.4% Sales Tax
001.000.66.518.30.49.00
Total
E5JB.SERVICES THRU 9/30/19
E5JB.Services thru 9/30/19
7.2.b
Page: 10
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Packet Pg. 62
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
Bank code : usbank
Voucher Date Vendor Invoice
239133 10/17/2019 077143 ENVIROISSUES INC (Continued)
239134 10/17/2019 066378 FASTENAL COMPANY WAMOU56165
239135 10/17/2019 011900 FRONTIER 253-011-1177
425-712-0417
425-712-8251
PO #
Description/Account
421.000.74.594.34.65.41
ESJB.Services thru 9/30/19
423.000.75.594.35.65.41
ESJB.Services thru 9/30/19
422.000.72.594.31.65.41
PM: SUPPLIES
PM: SUPPLIES
001.000.64.576.80.31.00
10.4% Sales Tax
001.000.64.576.80.31.00
Total :
Total
PUBLIC WORKS CIVIC RADIO LINE
PUBLIC WORKS CIVIC RADIO LINE
001.000.65.518.20.42.00
PUBLIC WORKS CIVIC RADIO LINE
111.000.68.542.90.42.00
PUBLIC WORKS CIVIC RADIO LINE
421.000.74.534.80.42.00
PUBLIC WORKS CIVIC RADIO LINE
423.000.75.535.80.42.00
PUBLIC WORKS CIVIC RADIO LINE
511.000.77.548.68.42.00
PUBLIC WORKS CIVIC RADIO LINE
422.000.72.531.90.42.00
TELEMETRY CIRCUIT LINE
TELEMETRY CIRCUIT LINE
421.000.74.534.80.42.00
TELEMETRY CIRCUIT LINE
423.000.75.535.80.42.00
PUBLIC WORKS CIVIC ALARM, FAX,
PUBLIC WORKS CIVIC FIRE AND IN'
001.000.65.518.20.42.00
7.2.b
Page: 11
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Page: 11
Packet Pg. 63
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher List
City of Edmonds
Voucher Date Vendor Invoice
239135 10/17/2019 011900 FRONTIER (Continued)
425-745-4313
425-775-1344
425-775-7865
425-776-2742
239136 10/17/2019 077215 GOLD PICTURES INC 101619
239137 10/17/2019 012199 GRAINGER 9308984138
9313191562
PO # Description/Account
PUBLIC WORKS CIVIC FIRE AND IN'
111.000.68.542.90.42.00
PUBLIC WORKS CIVIC FIRE AND IN'
421.000.74.534.80.42.00
PUBLIC WORKS CIVIC FIRE AND IN'
423.000.75.535.80.42.00
PUBLIC WORKS CIVIC FIRE AND IN'
511.000.77.548.68.42.00
CLUBHOUSE ALARM LINES 6801 M
CLUBHOUSE FIRE AND INTRUSION
001.000.66.518.30.42.00
425-775-1344 RANGER STATION
425-775-1344 RANGER STATION
001.000.64.571.23.42.00
UTILITY BILLING RADIO LINE
UTILITY BILLING RADIO LINE TO FI
421.000.74.534.80.42.00
LIFT STATION #7 VG SPECIAL ACC[
LIFT STATION #7 V/G SPECIAL ACC
423.000.75.535.80.42.00
Total
DIVERSITY COMMISSION DVD AND
Diversity Commission Film Series
001.000.61.557.20.49.00
Total
CITY PARK BUILDING - SUPPLIES
CITY PARK BUILDING - SUPPLIES
001.000.66.518.30.31.00
10.4% Sales Tax
001.000.66.518.30.31.00
CITY HALL - SUPPLIES
CITY HALL - SUPPLIES
001.000.66.518.30.31.00
7.2.b
Page: 12
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Page: 12
Packet Pg. 64
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239137 10/17/2019 012199 GRAINGER
239138 10/17/2019 068499 HARDWICK, ALAN
239139 10/17/2019 067862 HOME DEPOT CREDIT SERVICES
Voucher List
City of Edmonds
Invoice PO #
Description/Account
(Continued)
10.4% Sales Tax
001.000.66.518.30.31.00
9318368389
CITY PARK BUILDING - SUPPLIES
CITY PARK BUILDING - SUPPLIES
001.000.66.518.30.31.00
10.4% Sales Tax
001.000.66.518.30.31.00
Total
HARDWICK EX CL 10/19
HARDWICK EXPENSE CLAIM - FUS
PER DIEM LEAVENWORTH 10/7-9/1
001.000.41.521.40.43.00
Total:
1025590
TRAFFIC - SUPPLIES
TRAFFIC - SUPPLIES
111.000.68.542.64.31.00
10.2% Sales Tax
111.000.68.542.64.31.00
1071793
PW FLEET - SUPPLIES
PW FLEET - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
1081044
SHOP - SUPPLIES
SHOP - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
2024284
PUBLIC WORKS - ANTENNA
PUBLIC WORKS - ANTENNA
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
27105
UNIT 5 - SUPPLIES
7.2.b
Page: 13
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Packet Pg. 65
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239139 10/17/2019 067862 HOME DEPOT CREDIT SERVICES
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
UNIT 5 - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
2972819
PLAZA ROOM - APPLIANCES
PLAZA ROOM - APPLIANCES
001.000.66.518.30.35.00
10.4% Sales Tax
001.000.66.518.30.35.00
3615183
TRAFFIC - SUPPLIES WIRES & TIE:
TRAFFIC - SUPPLIES WIRES & TIE:
111.000.68.542.64.31.00
10.2% Sales Tax
111.000.68.542.64.31.00
3622592
PW FLEET - SUPPLIES
PW FLEET - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
3625858
TRAFFIC UNIT 46 - SUPPLIES
TRAFFIC UNIT 46 - SUPPLIES
111.000.68.542.64.31.00
10.2% Sales Tax
111.000.68.542.64.31.00
4013520
PUBLIC SAFETY - SUPPLIES
PUBLIC SAFETY - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
4013535
PUBLIC SAFETY - SUPPLIES
PUBLIC SAFETY - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
7.2.b
Page: 14
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Packet Pg. 66
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239139 10/17/2019 067862 HOME DEPOT CREDIT SERVICES
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
4020515
APS INSTALL - STEP DRILL BITS
APS INSTALL - STEP DRILL BITS
126.000.68.542.64.41.00
10.2% Sales Tax
126.000.68.542.64.41.00
4025289
PW EOC - SUPPLIES
PW EOC - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
4624353
PUBLIC WORKS - SUPPLIES
PUBLIC WORKS - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
5010108
PUBLIC SAFETY - SUPPLIES
PUBLIC SAFETY - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
5013361
HAZEL MILLER - SUPPLIES
HAZEL MILLER - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
5020403
PUBLIC SAFETY - SUPPLIES
PUBLIC SAFETY - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
5090937
UNIT 5 - SUPPLIES
UNIT 5 - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
7.2.b
Page: 15
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Packet Pg. 67
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
Bank code : usbank
Voucher Date Vendor Invoice
239139 10/17/2019 067862 HOME DEPOT CREDIT SERVICES (Continued)
5513080
6015637
6020187
6515465
8026105
8521259
8621617
PO # Description/Account
001.000.66.518.30.31.00
ROADWAY - SUPPLIES
ROADWAY - SUPPLIES
111.000.68.542.31.31.00
10.2% Sales Tax
111.000.68.542.31.31.00
STREET - CONCRETE SUPPLIES
STREET - CONCRETE SUPPLIES
111.000.68.542.61.31.00
10.2% Sales Tax
111.000.68.542.61.31.00
SHOP - SUPPLIES
SHOP - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
TRAFFIC - SUPPLIES
TRAFFIC - SUPPLIES
111.000.68.542.64.31.00
10.2% Sales Tax
111.000.68.542.64.31.00
SHOP UNIT# 5 - SUPPLIES
SHOP UNIT# 5 - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
PW STREETS - SUPPLIES
PW STREETS - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
FLEET - SUPPLIES
FLEET - SUPPLIES
001.000.66.518.30.31.00
7.2.b
Page: 16
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Packet Pg. 68
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
Bank code : usbank
Voucher Date Vendor Invoice
PO # Description/Account
239139 10/17/2019 067862 HOME DEPOT CREDIT SERVICES (Continued)
10.2% Sales Tax
001.000.66.518.30.31.00
9025929
SHOP - SUPPLIES
SHOP - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
9072970
WATER - SUPPLIES
WATER - SUPPLIES
421.000.74.534.80.31.00
10.2% Sales Tax
421.000.74.534.80.31.00
9621355
TRAFFIC - SUPPLIES
TRAFFIC - SUPPLIES
111.000.68.542.64.31.00
10.2% Sales Tax
111.000.68.542.64.31.00
9972562
PW - APPLIANCE
PW - APPLIANCE
001.000.64.576.80.35.00
PW - APPLIANCE
001.000.66.518.30.35.00
10.4% Sales Tax
001.000.64.576.80.35.00
10.4% Sales Tax
001.000.66.518.30.35.00
239140 10/17/2019 075119 HOPE, SHANE
Total :
Hope, Shane CLAIM FOR EXPENSES 8/08/19 - 9/;
Claim for expenses: PAC V2050 mtg
001.000.62.524.10.43.00
Hope, Shane HOPE CLAIM FOR EXPENSES 5/22"
Hope Claim for expenses for travel fr(
001.000.62.524.10.43.00
7.2.b
Page: 17
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Packet Pg. 69
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239140 10/17/2019 075119 075119 HOPE, SHANE
239141 10/17/2019 072041 IBS INCORPORATED
239142 10/17/2019 014940 INTERSTATE BATTERY SYSTEMS
239143 10/17/2019 070250 IRON MOUNTAIN
239144 10/17/2019 070255 KAR-GOR INC
Voucher List
City of Edmonds
Invoice PO # Description/Account
(Continued) Total
712317-1 FLEET - SUPPLIES
FLEET - SUPPLIES
511.000.77.548.68.31.20
Freight
511.000.77.548.68.31.20
10.4% Sales Tax
511.000.77.548.68.31.20
Total
300-10063136 FLEET - E163EQ PARTS
FLEET - E163EQ PARTS
511.100.77.594.48.64.00
10.4% Sales Tax
511.100.77.594.48.64.00
300-10063546 FLEET - SUPPLIES
FLEET - SUPPLIES
511.000.77.548.68.31.20
10.4% Sales Tax
511.000.77.548.68.31.20
300-10063554 FLEET - PARTS RETURNED
FLEET - PARTS RETURNED
511.000.77.548.68.31.20
10.4% Sales Tax
511.000.77.548.68.31.20
Total ;
201988261 09-19 OFF SITE DATA STORAGE SE
Sept-2019 Off site data storage servi(
512.000.31.518.88.41.00
Total
K1091944 TRAFFIC - CAMERA ASSEMBLY
TRAFFIC - CAMERA ASSEMBLY
111.000.68.542.64.31.00
7.2.b
Page: 18
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Page: 18
Packet Pg. 70
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
Bank code : usbank
Voucher Date Vendor Invoice
239144 10/17/2019 070255 KAR-GOR INC (Continued)
239145 10/17/2019 074417 LAW OFFICE OF CHRISTIAN SMITH 172
173
175
239146 10/17/2019 074388 LONE MOUNTAIN COMMUNICATIONS 21829
21830
21831
21832
21833
21834
21835
PO # Description/Account
10.4% Sales Tax
111.000.68.542.64.31.00
Total :
CONFLICT COUNSEL - 9ZO555568
CONFLICT COUNSEL-
001.000.39.512.52.41.00
CONFLICT COUNSEL - 9ZO917555
CONFLICT COUNSEL-
001.000.39.512.52.41.00
CONFLICT COUNSEL 9ZO202970
CONFLICT COUNSEL-
001.000.39.512.52.41.00
Total
INV 21829 - EDMONDS PD
RADIO SERVICE- XTS3000 EP3461
001.000.41.521.22.48.00
INV 21830 - EDMONDS PD
RADIO SERVICE- XTS3000 EP4840
001.000.41.521.22.48.00
INV 21831 - EDMONDS PD
RADIO SERVICE- XTS3000 EP4756
001.000.41.521.22.48.00
INV 21832 - EDMONDS PD
RADIO SERVICE- MTS2000 EP3601
001.000.41.521.22.48.00
INV 21833 - EDMONDS PD
RADIO SERVICE - MTS2000 EP347E
001.000.41.521.22.48.00
INV 21834 - EDMONDS PD
RADIO SERVICE- MTS2000 EP3518
001.000.41.521.22.48.00
INV 21835 - EDMONDS PD
RADIO SERVICE- MTS2000 EP3510
7.2.b
Page: 19
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Packet Pg. 71
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
Bank code : usbank
Voucher Date Vendor Invoice
239146 10/17/2019 074388 LONE MOUNTAIN COMMUNICATIONS (Continued)
21836
239147 10/17/2019 076908 LONG-SCOTT, SHANE T
239148 10/17/2019 071901 LOVELL, GAIL
239149 10/17/2019 075716 MALLORY PAINT STORE INC
239150 10/17/2019 068014 MANDEVILLE, LYNNETTE K
239151 10/17/2019 020900 MILLERS EQUIP & RENT ALL INC
239152 10/17/2019 021983 MOTOR TRUCKS INC
STL-SMiles
Lovell, Gail
E0114371
MANDEVILLE EX CL
314469
ME 154338
PO # Description/Account
001.000.41.521.22.48.00
INV 21836 EDMONDS PD
RADIO SERVICE- MTS2000 EP3515
001.000.41.521.22.48.00
Total
WWTP: STLONG-SCOTT MILES RE
STLONG-SCOTT MILES REIMB--W)
423.000.76.535.80.43.00
Total
TREE BOARD: COFFEE FOR ARBC
Tree Board: Coffee for Arbor Day
001.000.62.524.10.31.00
Total
PUBLIC SAFETY - SUPPLIES
PUBLIC SAFETY - SUPPLIES
001.000.66.518.30.31.00
10.2% Sales Tax
001.000.66.518.30.31.00
Total
MANDEVILLE EXP. CLAIM - LEIRA -
PER DIEM - WALLA WALLA 9/23-9/2
001.000.41.521.40.43.00
Total
PM: STAND ON NARROW TRACKLC
PM: STAND ON NARROW TRACKLC
001.000.64.576.80.31.00
10.4% Sales Tax
001.000.64.576.80.45.00
Total
UNIT 98 - PARTS
7.2.b
Page: 20
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Page: 20
Packet Pg. 72
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239152 10/17/2019 021983 MOTOR TRUCKS INC
239153 10/17/2019 024910 NORMED
Voucher List
City of Edmonds
Invoice
(Continued)
24808-800196/799053
239154 10/17/2019 075542 NORTHWEST LANDSCAPE SUPPLY 3480
3481
3489
PO # Description/Account
UNIT 98 - PARTS
511.000.77.548.68.31.10
10.4% Sales Tax
511.000.77.548.68.31.10
Total :
INV 24808-799053 - EDMONDS PD
2 - BLACK NITRILE GLOVES MED
001.000.41.521.22.31.00
7- BLACK NITRILE GLOVES LG
001.000.41.521.22.31.00
4- BLACK NITRILE GLOVES XL
001.000.41.521.22.31.00
3- BLACK NITRILE GLOVES SM
001.000.41.521.22.31.00
2- PAWS HAND WIPES
001.000.41.521.22.31.00
10.4% Sales Tax
001.000.41.521.22.31.00
Total
PM: TURF MIX
PM: TURF MIX
001.000.64.576.80.31.00
10.5% Sales Tax
001.000.64.576.80.31.00
PM: TURF MIX
PM: TURF MIX
001.000.64.576.80.31.00
10.5% Sales Tax
001.000.64.576.80.31.00
PM: TURF MIX
PM: TURF MIX
001.000.64.576.80.31.00
10.5% Sales Tax
7.2.b
Page: 21
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Page: 21
Packet Pg. 73
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
7.2.b
Page: 22
Bank code :
Voucher
usbank
Date Vendor
Invoice
PO # Description/Account
a�
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10/17/2019 075542 NORTHWEST LANDSCAPE SUPPLY
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0
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001.000.64.576.80.31.00
8.4(
3494
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PM: TURF MIX
001.000.64.576.80.31.00
80.0(
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001.000.64.576.80.31.00
8.4(
3496
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sa
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o
001.000.64.576.80.31.00
80.0(
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a
001.000.64.576.80.31.00
8.4( E
Total :
530.4( 'Fu
239155
10/17/2019 025690 NOYES, KARIN
000 00 948
HISTORIC PRESV. COMM. MIN.10-1
0
Historic Presv. Comm. Min.10-10-19
001.000.62.558.60.41.00
111.0( o
000 000 947
PLANNING BOARD MINUTES 1-0/9/1
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Planning Board Minutes 10/9/19
Q
001.000.62.558.60.41.00
370.0(
Total:
481.0(
ti
239156
10/17/2019 072739 O'REILLY AUTO PARTS
3685-432782
UNIT 66 - PARTS
c
UNIT 66 - PARTS
511.000.77.548.68.31.10
95.71 E
10.4% Sales Tax
2
511.000.77.548.68.31.10
9.9E U
3685-432786
UNIT 139 - PARTS
c
UNIT 139 - PARTS
E
511.000.77.548.68.31.10
7.6� U
10.4% Sales Tax
Q
Page: 22
Packet Pg. 74
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
7.2.b
Page: 23
Bank code :
Voucher
usbank
Date Vendor
Invoice
PO # Description/Account
Amoun
239156
10/17/2019 072739 O'REILLYAUTO PARTS
(Continued)
511.000.77.548.68.31.10
0.8(
3685-432945
UNIT 19 - PARTS
UNIT 19 - PARTS
511.000.77.548.68.31.10
26.6E
10.4% Sales Tax
511.000.77.548.68.31.10
2.7,
3685-432978
UNIT 19 - PARTS
UNIT 19 - PARTS
511.000.77.548.68.31.10
39.8'
10.4% Sales Tax
511.000.77.548.68.31.10
4.1
Total:
187.61
239157
10/17/2019 002203 OWEN EQUIPMENT COMPANY
00095025
UNIT 106 - PARTS
UNIT 106 - PARTS
511.000.77.548.68.31.10
88.4z
Freight
511.000.77.548.68.31.10
16.5z
10.4% Sales Tax
511.000.77.548.68.31.10
10.9-
Total :
115.&
239158
10/17/2019 075735 PACIFIC SECURITY
29292
SECURITY 9/6 AND 9/20
SECURITY 9/6 AND 9/20
001.000.23.512.50.41.00
140.0(
Total :
140.0(
239159
10/17/2019 028860 PLATT ELECTRIC SUPPLY
X177338
TRAFFIC - SUPPLIES
TRAFFIC - SUPPLIES
111.000.68.542.64.31.00
103.5"
10.4% Sales Tax
111.000.68.542.64.31.00
10.7,
X199315
WWTP: HINGE COVER
HINGE COVER
423.000.76.535.80.48.00
121.9(
Page: 23
Packet Pg. 75
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
7.2.b
Page: 24
Bank code :
Voucher
usbank
Date Vendor
Invoice
PO # Description/Account
Amoun
239159
10/17/2019 028860 PLATT ELECTRIC SUPPLY
(Continued)
10.4% Sales Tax
423.000.76.535.80.48.00
12.6E
X204776
WWTP: STIR CU 500'
STIR CU 500'
423.000.76.535.80.48.00
106.4z
10.4% Sales Tax
423.000.76.535.80.48.00
11.0;
Total :
366.3
239160
10/17/2019 029117 PORT OF EDMONDS
03870
PORT RIGHT-OF-WAY LEASE FOR
PORT RIGHT-OF-WAY LEASE FOR
422.000.72.531.90.41.50
3,345.3�
Total:
3,345.35
239161
10/17/2019 064088 PROTECTION ONE
31146525
ALARM MONITORING CITY HALL
ALARM MONITORING CITY HALL 12
001.000.66.518.30.42.00
129.0E
31146525
ALARM MONITORING CITY HALL
ALARM MONITORING CITY HALL 12
001.000.66.518.30.41.00
84.8E
Total:
213.9z
239162
10/17/2019 070809 PUGET SOUND EXECUTIVE
19-2087
SECURITY 9/23 TO 9/30
SECURITY 9/23 TO 9/30
001.000.23.512.50.41.00
1,402.5(
19-2210
SECURITY 10-2-19
SECURITY 10-2-19
001.000.23.512.50.41.00
563.7E
Tota I :
1,966.2'
239163
10/17/2019 076293 QUAN, SUSAN
10-19
WAPRO CONFERENCE TRAVEL RE
WAPRO Conference Travel
001.000.25.514.30.43.00
28.0 ,
Tota I :
28.0 j
239164
10/17/2019 030780 QUIRING MONUMENTS INC
19509
MARKER/INSCRIPTION-FRENCH
Page: 24
Packet Pg. 76
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239164 10/17/2019 030780 QUIRING MONUMENTS INC
Voucher List
City of Edmonds
Invoice
(Continued)
239165 10/17/2019 076687 REBUILD -IT SERVICES GROUP LLC 10928
239166 10/17/2019 062657 REGIONAL DISPOSAL COMPANY
239167 10/17/2019 072733 SCHWING BIOSET INC
239168 10/17/2019 037375 SNO CO PUD NO 1
53054
61422769
200202554
200326460
201103561
201790003
PO # Description/Account
MARKER/INSCRIPTION-FRENCH
130.000.64.536.20.34.00
Total
WWTP: RODS, PUMPS, BUSH ING+V\
RODS, PUMPS, BUSHING+WASHE
423.000.76.535.80.48.00
Freight
423.000.76.535.80.48.00
10.4% Sales Tax
423.000.76.535.80.48.00
Total
STORM STREET SWEEPING DUMP
STORM STREET SWEEPING DUMP
422.000.72.531.10.49.00
Total
WWTP: OCT/2019 RENTAL CHG FO
10/2019 rental charge for Hydraultic
423.000.76.535.80.48.00
Total
WWTP: 9/4-10/2/19 FLOWMETER 1(
9/4-10/2/19 FLOW METER 2400 HIC
423.000.76.535.80.47.62
HUMMINGBIRD PARK 1000 EDMON
HUMMINGBIRD PARK 1000 EDMON
001.000.64.576.80.47.00
TRAFFIC LIGHT 23800 FIRDALE AVI
TRAFFIC LIGHT 23800 FIRDALE AVI
111.000.68.542.64.47.00
ALDERWOOD INTERIE 6130 168TH
ALDERWOOD INTERIE 6130 168TH
421.000.74.534.80.47.00
7.2.b
Page: 25
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Page: 25
Packet Pg. 77
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
Bank code : usbank
Voucher Date Vendor Invoice
239168 10/17/2019 037375 SNO CO PUD NO 1 (Continued)
205184385
239169 10/17/2019 037376 SNO CO PUD NO 1 E7DC.PUD
239170 10/17/2019 072122 SPEER, RYAN K SPEER EX CL 10/19
239171 10/17/2019 071585 STERICYCLE INC 3004844017
239172 10/17/2019 040430 STONEWAY ELECTRIC SUPPLY
239173 10/17/2019 076474 STROMME, JOANNE
PO # Description/Account
LIFT STATION #5 432 3RD AVE S / N
LIFT STATION #5 432 3RD AVE S / N
423.000.75.535.80.47.10
Total
E7DC.POLE ATTACHMENT APPLICF
E7DC.Pole Attachment Application
112.000.68.595.33.65.41
Total
SPEER EXPENSE CLAIM - FUSION
PER DIEM 10/7-10/9 - LEAVENWOR
001.000.41.521.40.43.00
FUEL FOR CITY VEHICLE
001.000.41.521.40.43.00
Total
INV 3004844017 - CUST 6076358 - E
STERICYCLE MONTHLY CHARGE
001.000.41.521.80.41.00
Total
S102889348.001 PUBLIC WORKS - SUPPLIES
PUBLIC WORKS - SUPPLIES
001.000.66.518.30.31.00
10.5% Sales Tax
001.000.66.518.30.31.00
Total
8059 8062 YOGA 8059 8062 YOGA INSTRUCTION
8059 YOGA INSTRUCTION
001.000.64.571.27.41.00
8062 YOGA INSTRUCTION
001.000.64.571.27.41.00
8065 YOGA 8065 YOGA INSTRUCTION
7.2.b
Page: 26
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Packet Pg. 78
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239173 10/17/2019 076474 STROMME, JOANNE
Voucher List
City of Edmonds
Invoice
(Continued)
239174 10/17/2019 040917 TACOMA SCREW PRODUCTS INC 18256501
239175 10/17/2019 071666 TETRATECH INC
239176 10/17/2019 066628 THE SUPPLY COMPANY LLC
18256503
PO # Description/Account
8065 YOGA INSTRUCTION
001.000.64.571.27.41.00
UNIT 106 - SUPPLIES
UNIT 106 - SUPPLIES
511.000.77.548.68.31.10
10.4% Sales Tax
511.000.77.548.68.31.10
SEWER - PARTS
SEWER - PARTS
423.000.75.535.80.31.00
SEWER - PARTS
421.000.74.534.80.31.00
10.4% Sales Tax
423.000.75.535.80.31.00
10.4% Sales Tax
421.000.74.534.80.31.00
Total
Total
51496220 EBCC.SERVICES THRU 8/31/19
EBCC.Services thru 8/31/19
112.000.68.542.30.41.00
EBCC.Services thru 8/31/19
126.000.68.542.30.41.00
EBCC.Services thru 8/31/19
422.000.72.542.30.41.00
EBCC.Services thru 8/31/19
112.000.68.542.30.41.00
EBCC.Services thru 8/31/19
126.000.68.542.30.41.00
Total
00124066 FLEET SHOP SUPPLIES - CREDITE
FLEET SHOP SUPPLIES - CREDITE
7.2.b
Page: 27
Page: 27
Packet Pg. 79
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239176 10/17/2019 066628 THE SUPPLY COMPANY LLC
239177 10/17/2019 073749 THE WATERSHED COMPANY
239178 10/17/2019 072649 THE WIDE FORMAT COMPANY
239179 10/17/2019 049500 THOMSON REUTERS -WEST
239180 10/17/2019 070744 TIGER OAK MEDIA
239181 10/17/2019 041960 TOWN & COUNTRY FENCE INC
Voucher List
City of Edmonds
Invoice PO #
Description/Account
(Continued)
511.000.77.548.68.31.20
CR00124066D
FLEET - CREDIT FOR INCORRECT
FLEET - CREDIT FOR INCORRECT
511.000.77.548.68.31.20
RB00124066D
FLEET SHOP SUPPLIES
FLEET SHOP SUPPLIES
511.000.77.548.68.31.20
10.4% Sales Tax
511.000.77.548.68.31.20
Total
2019-1322
PROF SERV.: STREET THE PLAN l
Prof Serv.: Street Tre Plan Update
001.000.62.524.10.41.00
Total
119164
MAINTENANCE FOR HP PAGEWIDE
Oct-19 Maintenance on HP PagewidE
512.000.31.518.88.48.00
10.4% Sales Tax
512.000.31.518.88.48.00
Tota I :
841117447
COURT RULES FOR 2020
COURT RULES FOR 2020
001.000.23.512.50.31.00
10.4% Sales Tax
001.000.23.512.50.31.00
Tota I :
2019-210785
BUSINESS RECRUITMENT AD SEA -
Business recruitment ad Seattle
001.000.61.558.70.41.40
Tota I :
58560
OLD PUBLIC WORKS - MATERIAL &
7.2.b
Page: 28
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r
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177.61 U
18.4E
196.1E
c
�a
0
3,049.9E
3,049.9E a
E
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175.0( c
�a
18.2( o
193.2( a
a
Q
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434.0( ti
0
45.1
479.1 E
2
U
c
1,750.0( 0
1,750.0( t
U
�a
Q
Page: 28
Packet Pg. 80
vchlist
10/17/2019 8:00:05AM
Voucher List
City of Edmonds
7.2.b
Page: 29
Bank code :
Voucher
usbank
Date Vendor
Invoice PO #
Description/Account
Amoun
239181
10/17/2019 041960 TOWN & COUNTRY FENCE INC
(Continued)
OLD PUBLIC WORKS - MATERIAL &
001.000.66.518.30.48.00
480.0(
10.4% Sales Tax
001.000.66.518.30.48.00
49.9,
Tota I :
529.9,
239182
10/17/2019 075850 TURLEY, DAVE
Oct 2019
SCCFOA MEMBERSHIP & MEETING
Snohomish County Clerks & Finance
001.000.31.514.23.49.00
45.0(
Total :
45.0(
239183
10/17/2019 070902 ULVESTAD, KAREN
092019-BF-Ulvestad
BIRD FEST PRESENTATION
Bird Fest Presentation Field
001.000.61.558.70.41.00
50.0(
Total :
50.0(
239184
10/17/2019 067865 VERIZON WIRELESS
9839165100
C/A 442201730-00001
iPad Cell Service Mayor's Office
001.000.21.513.10.42.00
35.1 ,
Total:
35.1,
239185
10/17/2019 067917 WALLY'S TOWING INC
63748
INV 63748 - EDMONDS PD
TOW SILVER PASSAT - CS 19-2547,
001.000.41.521.22.41.00
236.2E
10.5% Sales Tax
001.000.41.521.22.41.00
24.8"
Tota I :
261.0E
239186
10/17/2019 066238 WASHINGTON TRACTOR
1950778
PM SUPPLIES: BUSHING PIN FASTI
PM SUPPLIES: BUSHING PIN FASTI
001.000.64.576.80.31.00
6.8(
9.2% Sales Tax
001.000.64.576.80.31.00
0.6'
1950779
PM SUPPLIES: V-BELT
PM SUPPLIES: V-BELT
Page: 29
Packet Pg. 81
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239186 10/17/2019 066238 WASHINGTON TRACTOR
239187 10/17/2019 073552 WELCO SALES LLC
239188 10/17/2019 064008 WETLANDS & WOODLANDS
239189 10/17/2019 073018 WINFIELD SOLUTIONS LLC
Voucher List
City of Edmonds
Invoice PO # Description/Account
(Continued)
001.000.64.576.80.31.00
9.2% Sales Tax
001.000.64.576.80.31.00
Total
7712 BUSINESS CARDS PRINTING
business cards printing for Mah & Grp
001.000.23.523.30.31.00
business cards printing for Mah & GrE
001.000.25.514.30.31.00
10.4% Sales Tax
001.000.23.523.30.31.00
10.4% Sales Tax
001.000.25.514.30.31.00
Total
28965 PM: PLANTS
PM: PLANTS
001.000.64.576.80.31.00
7.8% Sales Tax
001.000.64.576.80.31.00
28966 PM: PLANTS
PM: PLANTS: MEMORIAL FIR TREE
001.000.64.576.80.31.00
7.8% Sales Tax
001.000.64.576.80.31.00
Total
63418246 PM SUPPLIES: FERTILIZER
PM SUPPLIES: FERTILIZER
001.000.64.576.80.31.00
10.4% Sales Tax
001.000.64.576.80.31.00
Total
7.2.b
Page: 30
Page: 30
Packet Pg. 82
vchlist
10/17/2019 8:00:05AM
Bank code : usbank
Voucher Date Vendor
239190 10/17/2019 075122 YAKIMA CO DEPT OF CORR
83 Vouchers for bank code : usbank
83 Vouchers in this report
Voucher List
City of Edmonds
Invoice PO # Description/Account
10-10-2019 YAKIMA OCTOBER HOUSING - EDMONDS F
HOUSE 4 INMATES 77 DAYS TOTAL
001.000.39.523.60.41.50
INMATE MEDS - AUGUST 2019
001.000.39.523.60.31.00
Total
Bank total
Total vouchers
7.2.b
Page: 31
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Page: 31
Packet Pg. 83
7.2.c
vchlist Voucher List Page:
10/11/2019 8:57:15AM
City of Edmonds
m
L
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Bank code : usbank
Voucher Date Vendor
Invoice PO #
Description/Account
Amoun c
a
10112019 10/11/2019 062693 US BANK
1558
SOLARWINDS, LOGMEIN, CD REW
ENOM BulkRegister.com - Domain N,
512.000.31.518.88.49.00
30.1E m
Newegg.com - LG External CD/DVD
'a
512.000.31.518.88.31.00
134.7.E Y
ENOM BulkRegister.com - Domain N;
m
512.000.31.518.88.49.00
30.1E
CDW-G - HP 300GB HD - Qty 4 WatE
512.000.31.518.88.48.00
528.5E
ENOM BulkRegister.com - Domain N;
512.000.31.518.88.49.00
17.9E
LogMeln - GoToMyPC Corporate Ser)
512.000.31.518.88.48.00
132.0( o
Solarwinds - Security Event Manager
512.000.31.518.88.48.00
1,545.0( a
512.000.31.518.88.31.00
14.0E
U
512.000.31.518.88.48.00
223.2E IS
4697
SCC MEMBERSHIP MEETING
R
shipping labels
o
L
001.000.61.558.70.31.00
18.3E a
SCC membership meeting
a
001.000.21.513.10.49.00
45.0(
thank you cards and sympathy card
001.000.21.513.10.49.00
15.3E
Chapin plant -- sympathy
o
001.000.21.513.10.49.00
30.8E
AWC Cities on Tap
3
001.000.21.513.10.49.00
25.0(;
hand warmers, bandaids, caution tape
001.000.61.558.70.31.00
23.0E E
caution tape
U
001.000.61.558.70.31.00
15.2(
a
Page: 1
Packet Pg. 84
vchlist
10/11 /2019 8:57:15AM
Bank code : usbank
Voucher Date Vendor
10112019 10/11/2019 062693 US BANK
1 Vouchers for bank code : usbank
1 Vouchers in this report
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
archive boxes
001.000.21.513.10.31.00
7483
OCTOBER SOUTH COUNTY MAYOF
Public Reception MyEdmondsNews C
001.000.21.513.10.49.00
10/2/19 South County Mayors LunchE
001.000.21.513.10.49.00
10.4% Sales Tax
001.000.21.513.10.49.00
8296
BUDGET IN BRIEF REPORT PRINTI
Alphagraphics - Budget in Brief report
001.000.31.514.23.49.00
Sales Tax
001.000.31.514.23.49.00
Total
Bank total
Total vouchers
7.2.c
Page: 2
m
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Page: 2
Packet Pg. 85
7.2.d
vchlist
10/14/2019 9:59:09AM
Bank code : usbank
Voucher Date Vendor
101120192 10/11/2019 062693 US BANK
1 Vouchers for bank code : usbank
1 Vouchers in this report
Voucher List
City of Edmonds
Invoice PO # Description/Account
1522 1522 SHANNON BURLEY CREDIT C
DIGITAL BUYER: REC SUPPLIES: S
127.000.64.575.50.35.00
10.4% Sales Tax
127.000.64.575.50.35.00
Total
Bank total
Total vouchers
Page
1
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Packet Pg. 86
3
7.2.e
vchlist
10/17/2019 2:55:45PM
Bank code : usbank
Voucher Date Vendor
10172019 10/17/2019 062693 US BANK
Voucher List
City of Edmonds
Invoice PO # Description/Account
0881 CC STMT FOR OCT 2019 UTM
AMAZON - PAINT FOR WALL
001.000.23.512.50.31.00
STAPLES -OFFICE SUPPLIES
001.000.23.512.50.31.00
FEDEX - COURT FORMS
001.000.23.512.50.31.00
BEST WESTERN LODGING U MAYL
001.000.23.512.50.43.00
AMAZON CREDIT USED ON PRIOR
001.000.23.523.30.31.00
1885 TRAINING CARD #2 -1885 10/07/201
COOLER & SPRAY PAINT - RANGE
001.000.41.521.40.31.00
USED T SHIRTS, FAKE BLOOD - RA
001.000.41.521.40.31.00
FUEL CITY CAR - LEIRA TRAINING
001.000.41.521.40.43.00
HOTEL FOR LEIRA - MANDEVILLE
001.000.41.521.40.43.00
HOTEL FOR LEIRA - SCHEELE
001.000.41.521.40.43.00
HOTEL FOR LEIRA - KERN
001.000.41.521.40.43.00
001.000.41.521.40.31.00
2985 WWTP: SPONGES,HYDRAULICS,JE
Amazon: scour pads: $11.03 ($9.99+1
423.000.76.535.80.31.00
Amazon: Hydraulic Jacks $76.26
423.000.76.535.80.35.00
Amer. Water College: MDerrick WW
423.000.76.535.80.49.71
DoubleTree Hotel for PRandolph
Page: 1
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Page: 1
Packet Pg. 87
vchlist
10/17/2019 2:55:45PM
Voucher List
City of Edmonds
Bank code : usbank
Voucher Date Vendor Invoice
10172019 10/17/2019 062693 US BANK (Continued)
3048
PO # Description/Account
423.000.76.535.80.43.00
THOMPSON CREDIT CARD -3048 11
RETURN WRONG LABELS TO ULIN
001.000.41.521.10.42.00
PATROL BOOTS FOR GAGNER
001.000.41.521.22.24.00
2-18 PACKS OF POST IT NOTES
001.000.41.521.10.31.00
SWAT BOOTS FOR GAGNER
001.000.41.521.23.24.00
SCRUBS IN A BUCKET
001.000.41.521.11.31.00
10.4% Sales Tax
001.000.41.521.70.35.00
10.4% Sales Tax
001.000.41.521.22.31.00
10.4% Sales Tax
001.000.41.521.10.31.00
10.4% Sales Tax
001.000.41.521.11.31.00
10.4% Sales Tax
001.000.41.521.22.24.00
10.4% Sales Tax
001.000.41.521.23.24.00
UNIVERSALA/C MICROCHIP READ
001.000.41.521.70.35.00
ORDNANCE BREACHING POUCHE;
001.000.41.521.23.35.00
PATCHES FOR SWAT MEMBERS
001.000.41.521.23.24.00
LEAD REMOVING WIPES
001.000.41.521.22.31.00
MEGA MOVERS
001.000.41.521.22.31.00
7.2.e
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Packet Pg. 88
vchlist
10/17/2019 2:55:45PM
Bank code : usbank
Voucher Date Vendor
10172019 10/17/2019 062693 US BANK
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
2 CASES OF KLEENEX
001.000.41.521.10.31.00
AIR PURIFIER PRE -FILTERS
001.000.41.521.11.31.00
MEGA MOVERS
001.000.41.521.22.31.00
PENDAFLEX FILE CABINET POCKE
001.000.41.521.10.31.00
UNDER ARMOR SHOES - COMPTOI
001.000.41.521.22.24.00
3048
THOMPSON CREDIT CARD -3048 11
REFUND - APPLIED PD DISCOUNT
001.000.41.521.23.35.00
3215
COMPAAN CARD -3215 10/07/2019
IACP CONFERENCE - COMPAAN
001.000.41.521.40.43.00
COFFEE - GRIEVANCE ARBITRATIC
001.000.41.521.10.31.00
10.4% Sales Tax
001.000.41.521.10.31.00
COFFEE - GRIEVANCE ARBITRATIC
001.000.41.521.10.31.00
3314
LAWLESS CREDIT CARD -3314 10/(
SIX WOOD SHEETS FOR SWAT
628.000.41.521.23.31.00
WAPRO MEMBERSHIP - KERN
001.000.41.521.11.49.00
TRAILCAM MONTHLY DATA PLAN
001.000.41.521.22.42.00
10.5% Sales Tax
628.000.41.521.23.31.00
3915
HOPE: APA PLANNING CONF. 201�
Hope: APA Planning Conf. 2019 Lak(
001.000.62.524.10.49.00
7.2.e
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Packet Pg. 89
vchlist
10/17/2019 2:55:45PM
Bank code : usbank
Voucher Date Vendor
10172019 10/17/2019 062693 US BANK
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
Hope APA Planning Conf. 2019
001.000.62.524.10.43.00
Hope Meals: APA Planning Conf. 201
001.000.62.524.10.43.00
Hope - Parking for PSRC Mtg-Seattle
001.000.62.524.10.43.00
4171
MCCLURE CREDIT CARD -4171 10b
FBI-LEEDA EXEC. LEADERSHIP INr
001.000.41.521.40.49.00
CANVA GRAPHICS MONTHLY SUBS
001.000.41.521.40.41.00
4474
US BANK COUNCIL VISA - OPEN H(
Office Depot supplies for Marsh Stud)
001.000.11.511.60.31.00
QFC - Refreshments for Open House
001.000.11.511.60.31.00
Costco - Council supplies for meeting
001.000.11.511.60.31.00
4787
DAWSON CREDIT CARD -4787
BEDDING FOR CLIENT
001.000.39.565.40.41.00
FOOD FOR CLIENT
001.000.39.565.40.41.00
PHONE & LAUNDRY STUFF - CLIEN
001.000.39.565.40.41.00
9.8% Sales Tax
001.000.39.565.40.41.00
4929
DSD OFFICE SUPPLIES
DSD Office Supplies
001.000.62.524.10.31.00
Chave 2019 APA Conference Registr,
001.000.62.558.60.49.00
Shipley 2019 APA Converence Regisi
001.000.62.558.60.49.00
7.2.e
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Packet Pg. 90
vchlist
10/17/2019 2:55:45PM
Bank code : usbank
Voucher Date Vendor
10172019 10/17/2019 062693 US BANK
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
Akau- Online examine Code Cycle 2C
001.000.62.524.20.49.00
Hope Registration SCT Annual Assen
001.000.62.524.10.49.00
Book DSD - A Pattern Laguage: Tov\
001.000.62.524.10.49.00
Shipley Adobe Creative Cloud
001.000.62.524.10.49.00
DSD Purchase of domain: Shipley,
001.000.62.524.10.49.00
Akau - R3 Plans exam
001.000.62.524.20.49.00
Shipley: BRT Event Everett
001.000.62.558.60.49.00
5593
RECORDING, AMAZON CC PAYMEI
Snohomish County Recording Planni
001.000.25.514.30.49.00
Snohomish County Recording Plannh
001.000.25.514.30.49.00
Supplies - Ledger Sheets and Minute
001.000.25.514.30.31.00
Supplies - Printer Paper from Amazor
001.000.25.514.30.31.00
Snohomish County Recording Planni
001.000.25.514.30.31.00
Snohomish County Recording Utility I.
421.000.74.534.80.49.00
Snohomish County Recording
423.000.75.535.80.49.00
5923
REFUND OF SNO CO TOURISM BU
Refund of Sno Co Tourism Bureaus fE
001.000.61.558.70.49.00
5923
FACEBOOK ADS, APA CONFERENC
Business recruitment ad November 4
7.2.e
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Packet Pg. 91
vchlist
10/17/2019 2:55:45PM
Bank code : usbank
Voucher Date Vendor
10172019 10/17/2019 062693 US BANK
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
001.000.61.558.70.41.40
Diversity Commission Film Series
001.000.61.557.20.41.40
2019 APA PLANNING CONFERENCE
001.000.61.557.20.49.00
OfficeSpace listing on website for
001.000.61.558.70.41.00
8017
ENG CREDIT CARD SEPTEMBER 21
Hawkins CESCL Training
001.000.67.518.21.49.00
Whatmore - Phone Case
001.000.67.518.21.49.00
EBCC.Publishing Construction Notice
126.000.68.542.30.41.00
EBCC.Publishing Construction Notice
112.000.68.542.30.41.00
EBCC.Publishing Construction Notice
422.000.72.542.30.41.00
10.4% Sales Tax
001.000.67.518.21.49.00
8305
APPLE ITUNES - ICLOUD FOR CITY
APPLE ITUNES - ICLOUD FOR CITY
001.000.65.518.20.31.00
8349
ANDERSON CARD -8349 10/07/19
EDMONDS-KINGSTON FERRY-
001.000.41.521.40.43.00
KINGSTON-EDMONDS FERRY-
001.000.41.521.40.43.00
HOTEL - ANDERSON TRAINING
001.000.41.521.40.43.00
8574
FAC MAINT CC 10/7/19
CHANNEL MASTER - PW UHF ANTE
001.000.66.518.30.31.00
TRI CITIES SECURITY- PS
7.2.e
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Packet Pg. 92
vchlist
10/17/2019 2:55:45PM
Bank code : usbank
Voucher Date Vendor
10172019 10/17/2019 062693 US BANK
Voucher List
City of Edmonds
Invoice
PO # Description/Account
(Continued)
001.000.66.518.30.31.00
LIMBACK LUMBER - PS SUPPLIES
001.000.66.518.30.31.00
TRI CITIES SECURITY- PS PARTS
001.000.66.518.30.31.00
GENSCO - CITY HALL PARTS
001.000.66.518.30.31.00
9573
WFOA CONFERENCE, PAFR & CAF
2019 WFOA Conference registration
001.000.31.514.23.49.00
GFOA - 2019 PAFR Reporting
001.000.31.514.23.49.00
GFOA - 2019 CAFR Reporting
001.000.31.514.23.49.00
Red Lion Inn - Lodging for D Turley a1
001.000.31.514.23.43.00
9644
CC STMT FOR OCT 2019 O.G.
OFFICE MAX - OFFICE SUPPLIES
001.000.23.512.50.31.00
COSTCO - PROBATION SUPPLIES
001.000.23.512.50.31.00
9821
GREENMUN CARD -9821 10/07/201
HOLSTERS & GLOVES
001.000.41.521.22.31.00
GEAR BAGS, HANDCUFF KEYS
001.000.41.521.40.31.00
RECHARGE. BATTERIES & CHARGI
001.000.41.521.22.35.00
FLATSCREEN MONITOR MOUNT
001.000.41.521.10.35.00
LEATHER GOODS FOR OFFICERS
001.000.41.521.40.31.00
MACE HOLDERS FOR OFFICERS
001.000.41.521.40.31.00
7.2.e
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Packet Pg. 93
vchlist
10/17/2019 2:55:45PM
Bank code : usbank
Voucher Date Vendor
10172019 10/17/2019 062693 US BANK
Voucher List
City of Edmonds
Invoice PO # Description/Account
(Continued)
43" LED TV - CONFERENCE ROOM
001.000.41.521.10.35.00
BOX OF 1100 FOAM EAR PLUGS
001.000.41.521.40.31.00
TRAINING - GREENMUN & SPEER
001.000.41.521.40.49.00
ANTENNAE & MAG. MOUNTS
001.000.41.521.40.31.00
WIRELESS MOUSE
001.000.41.521.80.31.00
TRANSUNION DATABASE SEPT 201
001.000.41.521.21.41.00
WEAPON MOUNT FLASHLIGHTS
001.000.41.521.22.35.00
USB HUB - PROPERTY ROOM
001.000.41.521.80.31.00
10.4% Sales Tax
001.000.41.521.22.31.00
10.4% Sales Tax
001.000.41.521.40.31.00
10.4% Sales Tax
001.000.41.521.10.35.00
10.4% Sales Tax
001.000.41.521.80.31.00
10.4% Sales Tax
001.000.41.521.21.41.00
10.4% Sales Tax
001.000.41.521.22.35.00
B I D-1 687/0907 BID/ED! FACEBOOK ADS, MEN SPC
BID/Ed! Post office box rental
140.000.61.558.70.49.00
BID/Ed! Facebook advertising
140.000.61.558.70.41.40
BID/Ed! My Edmonds News sponsorE
7.2.e
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Packet Pg. 94
vchlist
10/17/2019 2:55:45PM
Bank code : usbank
Voucher Date Vendor
10172019 10/17/2019 062693 US BANK
1 Vouchers for bank code : usbank
1 Vouchers in this report
Voucher List
City of Edmonds
Invoice PO # Description/Account
(Continued)
140.000.61.558.70.41.40
Total
Bank total
Total vouchers
7.2.e
Page: 9
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7.2.f
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 931 (10/01/2019 to 10/15/2019) c
Hour Type Hour Class Description Hours Amount
-ed2
REGULAR HOURS
Educational Pav Correction
0.00
-156.28
111
ABSENT
NO PAY LEAVE
19.00
0.00
121
SICK
SICK LEAVE
925.19
34,283.93
122
VACATION
VACATION
998.56
40,718.37
123
HOLIDAY
HOLIDAY HOURS
69.50
2,736.23
124
HOLIDAY
FLOATER HOLIDAY
16.00
468.22
125
COMP HOURS
COMPENSATORY TIME
195.00
7,489.26
131
MILITARY
MILITARY LEAVE
36.00
1,583.63
132
JURY DUTY
JURY DUTY
9.00
266.95
135
SICK
WASHINGTON STATE SICK LEA
4.00
66.08
141
BEREAVEMENT
BEREAVEMENT
35.00
1,293.51
150
REGULAR HOURS
Kelly Dav Used
132.00
5,206.00
155
COMP HOURS
COMPTIME AUTO PAY
62.02
2,986.29
190
REGULAR HOURS
REGULAR HOURS
17,889.45
685,531.42
196
REGULAR HOURS
LIGHT DUTY
128.00
5,659.80
210
OVERTIME HOURS
OVERTIME -STRAIGHT
10.00
365.28
215
OVERTIME HOURS
WATER WATCH STANDBY
42.00
2,283.58
216
MISCELLANEOUS
STANDBY TREATMENT PLANT
15.00
1,476.13
220
OVERTIME HOURS
OVERTIME 1.5
291.50
20,171.00
225
OVERTIME HOURS
OVERTIME -DOUBLE
4.75
363.14
411
SHIFT DIFFERENTIAL
SHIFT DIFFERENTIAL
0.00
1,502.67
600
RETROACTIVE PAY
RETROACTIVE PAY
0.00
2,897.14
602
COMP HOURS
ACCRUED COMP 1.0
51.50
0.00
604
COMP HOURS
ACCRUED COMP TIME 1.5
187.50
0.00
606
COMP HOURS
ACCRUED COMP 2.0
4.50
0.00
900
VACATION
ACCRUED VACATION
3.20
0.00
901
SICK
ACCRUED SICK LEAVE
17.16
0.00
acc
MISCELLANEOUS
ACCREDITATION PAY
0.00
78.66
acp
MISCELLANEOUS
Accreditation 1 % Part Time
0.00
9.67
acs
MISCELLANEOUS
ACCRED/POLICE SUPPORT
0.00
172.80
boc
MISCELLANEOUS
BOC II Certification
0.00
91.74
colre
MISCELLANEOUS
Collision Reconstruction ist
0.00
37.07
cpl
MISCELLANEOUS
TRAINING CORPORAL
0.00
160.86
10/17/2019
Packet Pg. 96
7.2.f
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 931 (10/01/2019 to 10/15/2019)
Hour Type Hour Class Description Hours Amount
crt
MISCELLANEOUS
CERTIFICATION III PAY
0.00
564.90
ctr
MISCELLANEOUS
CTR INCENTIVES PROGRAM
0.00
71.00
det
MISCELLANEOUS
DETECTIVE PAY
0.00
111.20
det4
MISCELLANEOUS
Detective 4%
0.00
914.78
ed1
EDUCATION PAY
EDUCATION PAY 2%
0.00
575.65
ed2
EDUCATION PAY
EDUCATION PAY 4%
0.00
837.62
ed3
EDUCATION PAY
EDUCATION PAY 6%
0.00
4,846.89
fmis
SICK
FAMILY MEDICAL/SICK
48.00
1,976.80
k9
MISCELLANEOUS
K-9 PAY
0.00
217.06
Iq1
LONGEVITY
LONGEVITY PAY 2%
0.00
837.78
Ig10
LONGEVITY
LONGEVITY 5.5%
0.00
148.17
Ig11
LONGEVITY
LONGEVITY PAY 2.5%
0.00
890.86
Ig12
LONGEVITY
Lonqevitv 9%
0.00
5,417.68
Ig13
LONGEVITY
Lonqevitv 7%
0.00
1,703.22
Ig14
LONGEVITY
Lonqevitv 5%
0.00
942.40
Ig15
LONGEVITY
LONGEVITY 7.5%
0.00
381.68
Igo
LONGEVITY
Lonqevitv 1 %
0.00
373.60
Iq5
LONGEVITY
Lonqevitv 3%
0.00
444.80
Ig6
LONGEVITY
Lonqevitv .5%
0.00
285.93
Iq7
LONGEVITY
Lonqevitv 1.5%
0.00
468.85
Iq9
LONGEVITY
Lonqevitv 3.5%
0.00
104.93
mtc
MISCELLANEOUS
MOTORCYCLE PAY
0.00
111.20
pds
MISCELLANEOUS
Public Disclosure Specialist
0.00
101.78
phv
MISCELLANEOUS
PHYSICAL FITNESS PAY
0.00
2,033.08
prof
MISCELLANEOUS
PROFESSIONAL STANDARDS ;
0.00
173.48
sdp
MISCELLANEOUS
SPECIAL DUTY PAY
0.00
287.66
sgt
MISCELLANEOUS
ADMINISTRATIVE SERGEANT
0.00
173.48
sro
MISCELLANEOUS
School Resource Officer
0.00
111.20
str
MISCELLANEOUS
STREET CRIMES
0.00
462.88
traf
MISCELLANEOUS
TRAFFIC
0.00
111.20
10/17/2019
Packet Pg. 97
7.2.f
Payroll Earnings Summary Report
City of Edmonds
Pay Period: 931 (10/01/2019 to 10/15/2019)
Hour Type Hour Class Description Hours
21,193.83
Total Net Pay:
Amount
$843,424.91
$571,944.46
10/17/2019
Packet Pg. 98
7.2.g
Benefit Checks Summary Report
City of Edmonds
Pay Period: 931 - 10/01/2019 to 10/15/2019
Bank: usbank - US Bank
Check #
Date
Payee #
Name
Check Amt
Direct Deposit
63945
10/18/2019
epoa2
EPOA-POLICE
5,883.00
0.00
63946
10/18/2019
epoa3
EPOA-POLICE SUPPORT
681.64
0.00
63947
10/18/2019
flex
NAVIA BENEFIT SOLUTIONS
1,947.35
0.00
63948
10/18/2019
teams
TEAMSTERS LOCAL 763
4,691.50
0.00
63949
10/18/2019
icma
VANTAGE TRANSFER AGENTS 304884
3,726.06
0.00
16,929.55 0.00
Bank: wire - US BANK
Check #
Date
Payee #
Name
Check Amt
Direct Deposit
2946
10/18/2019
awc
AWC
326,710.63
0.00
2949
10/18/2019
wadc
WASHINGTON STATE TREASURER
27,401.06
0.00
2950
10/18/2019
us
US BANK
101,859.29
0.00
2951
10/18/2019
mebt
WTRISC FBO #N3177B1
100,992.34
0.00
2954
10/18/2019
pb
NATIONWIDE RETIREMENT SOLUTION
5,629.07
0.00
2955
10/18/2019
oe
OFFICE OF SUPPORT ENFORCEMENT
927.00
0.00
563,519.39
0.00
Grand Totals:
580,448.94
0.00
10/17/2019
Packet Pg. 99
8.1
City Council Agenda Item
Meeting Date: 10/22/2019
Presentation of the final Expanded Marsh Concept Design and Hydraulic Modeling Report: Willow Creek
Daylight Project.
Staff Lead: Phil Williams
Department: Engineering
Preparer: Rob English
Background/History
On January 22, 2019, staff and the consultant team provided an update on this project.
Staff Recommendation
The presentation is being provided for information only.
Narrative
The City had previously contracted with Shannon & Wilson to develop pre -design information for the
Willow Creek Daylighting / Edmonds Marsh Restoration Project. The pre -design work spanned several
years, but ultimately concluded in production of the above referenced report, herein referred to as the
"alternative analysis". Staff and the consultant author of the report will be present at the Council
meeting to present a re -review of the methodology of the report, and discuss in more detail, the
recommendations made within the report.
Attached to this agenda bill is the text of the report body and one combined exhibit for the preferred
alternative (Alternative #6), only. The full text of the report, with its included exhibits and modelling
results, is nearly 150 pages long and filled with graphics; the length and file size limit our ability to easily
share this information. However the full report, along with the sediment and water quality sampling
report which was also included in the scope work, is available on the City website at the following link:
www.edmondswa.eov/willow-creek-davlieht.html <htto://www.edmondswa.eov/willow-creek-
daylight.html>
The project began in 2012 as an early feasibility study which truly sought to find if it was even possible
to re -connect the Marsh to Puget Sound. The focus of this effort was to establish where the connection
to the sound could be made. The project evaluated three outfall locations for (1) fisheries function and
biological response, (2) coastal hydrodynamics, and (3) engineering, cost, infrastructure, property, and
political constraints. The Final Early Feasibility Study dated May of 2013 ultimately recommended
proceeding with the current BNSF bridge and Marina Beach option but only discussed one upstream
alignment, which was straight.
Work effort then shifted to the final feasibility study, which looked to further identify potential project
barriers and further refined the outfall through and at Marina beach. This effort developed the first
hydrological model of the upstream channel and began identifying hydraulic concerns for fish habitat
needs, but remained with one alignment for the upstream portion. This effort produced the Final
Packet Pg. 100
8.1
Feasibility Study dated December of 2015 and included extensive property owner outreach and
coordination.
Feedback gained form the initial hydraulic model demonstrated that the hydraulic model had some
concerns for fish habitat, most identifiable in its lack of sinuosity. Feedback from granting agencies
echoed this concern. However, feedback from WSDOT remained that the alignment should match the
EIS for Edmonds Crossing as much as feasible.
So in 2016, the initial alternatives analyses was kicked -off. Alternates 1 through 3 were developed and
presented to WSDOT for their initial approval. WSDOT raised concern for the impacts to the project
site, but understood the intent of the City request. Therefore, Alternative #4 was developed as a
'hybrid' which could meet habitat needs and WSDOT needs. Alternative #4 was then run through the
full hydraulic model for fish habitat evaluation, alongside previously agreed Alternative #1. With this
information, staff were able to get WSDOT to agree to Alternative #4 as a preferred alternative in -lieu of
previously agreed alternative #1, by demonstrating the ecological benefit of improved channel and
habitat. This effort led to the Draft Expanded Marsh Concept Design and Hydraulic Modelling Report
dated November 2017 (aka. Draft Alternatives Analysis). Some minor velocity concerns remained within
the hydraulic model, but it was believed that changing the shape of the channel would improve this
condition and grant funding was still available.
Accordingly, the report was expanded to include sea -level rise analysis (which is anticipated to help with
future grant success rates) and development of 3 more alternatives. All of the new alternatives included
a low -flow bench to better manage hydraulic velocities, and used previous Alignment #4 for the
horizontal configuration. However, the alternatives varied in there methodology for flood control;
considering berms and walls compared to a tide gate or nothing at all. Alternative #6 makes use of
flood walls and berms for flood protection rather than an automated tide gate. The initial results of this
effort were presented to Council in January of this year and recommended Alternative #6 as the
preferred alternative. The report was then finalized and is the report being presented today. It is
formally titled Revised Expanded Marsh Concept Design and Hydraulic Modelling Report and is dated
June of 2019; but is more commonly referred to by staff as the final "Alternatives Analyses".
Staff present to Council, in this report, the preferred alternative alignment for continuing the project
forward. We believe the project has progressed in a logical sequence with the intent of finding the most
feasible habitat restoration project. Our goal with this presentation is to further explain the constraints
of the site, and the decision making process which led to the recommendation for Alternative #6. We
do not request any action tonight, but do have a decision package in the proposed 2020 budget to
proceed with preliminary design (30% design).
Attachments:
Attachment 1 - Presentation Slides
Attachment 2 - Revised Expanded Marsh Concept Design and Hydraulic Modelling Report (June 20,
2019) - Body only (54 pages)
Attachment 3 - Preferred Alternative Exhibit
Packet Pg. 101
8.1.a
Edmonds City Council Meeting
Oct. 22, 2019
David Cline, PE, CFM
Shannon & Wilson Inc.
Paul Schlenger, Fish Biologist
Environmental Science Associates
Packet Pg. 102
8.1.a
Willow Creek Daylighting - Previous Studies by Shannon & Wilson Inc.
Early Feasibility (2013)
Cultural Resources Review (2014)
Geotechnical Assessment (2014)
Contaminated Soils Review (2015)
Topographic Survey Marsh, Marina Beach Park, Unocal, BNSF (2015)
Marina Beach Park Master Plan Support (2015)
Final Feasibility (2015)
Harbor Square Outfall Design (2015)
Harbor Square and Shellabarger Marsh Wetland Delineations (2015)
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8.1.a
2017 — 2019 Expanded Alternatives Analysis Tasks
Evaluate Daylight Alignment Alternatives
Evaluate Improving Daylight In -Channel Fish Habitat Conditions
Evaluate Extreme Tides, Storm Surge and Sea Level Rise Flooding
Perform Marsh Water & Sediment Quality Sampling
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Modified Channel Cross Section w/ Inset Channel / Marsh Benches
Add Habitat Features - Large Woody Debris and Denser Riparian vegetation
for (Roughness)
Evaluate Extreme Tide, Storm Surge, Sea Level Rise
Evaluate Flood Mitigation Structure — Tidegates, Berms & Floodwalls
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8.1.a
Liner is a Contingency Item for Contaminated Soils / Groundwater
Used to Isolate Stream Flow from Contamination
HDPE and Clay Liner Applications in Restoration Settings
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Soil Management
Mixing
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Sinuosity = 1.17
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8.1.a
Adding Context to the Opportunity
Young Salmon Stay in Puget Sound before
swimming to ocean
Study in Edmonds and Seattle showed juvenile
salmon from many river systems coming to this
area to feed and grow
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Adding Context to the Opportunity
While in Puget Sound, young salmon use
small stream estuaries and coastal
embayments
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8.1.a
Adding Context to the Opportunity
Unfortunately, we have lost almost all of
these habitats in this part of Puget Sound
- 15 out of 16 historic coastal embayments
between Everett and Tacoma have been lost
esassoc.com 36
Edmonds Marsh
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"Lost" Historic Coastal Embayment
Remaining Coastal Embayment
Source: Cereghino et al. (2012)
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Adding Context to the Opportunity
Edmonds Marsh Restoration is Needed!
Project benefits all nearshore communities of
Puget Sound
- It's All Connected!
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8.1.a
Fundamental Design Considerations
Develop design appropriate for tidal setting;
consider reference sites
Consider entire salt marsh community with focus
on Chinook salmon (based on urgent need and
funding availability)
Maximize accessibility of Edmonds Marsh for fish
entering channel from Puget Sound
Make design "implementable" — well -aligned with
grant funding sources and permits can be
obtained
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8.1.a
Ecological Approach to Restoration of Edmonds Marsh
Fish access
For salmonids entering from Puget Sound
- For salmonids to/from creeks
Quality habitats in entrance channel and main marsh area
Aquatic habitats
- Riparian habitats
- Water/sediment quality
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Fish Access From Puget Sound
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experience in the designed channel and the main marsh
Access to coastal embayments is naturally intermittent
6 Low tide at Doe Kag Watts near Kingston
High tide at Doe Kag Watts near Kingston
Packet Pg. 142
8.1.a
Fish Access to Creeks
Restored tidal connection will improve fish
access to interior portions of marsh
Proposed tidal channel connections to
Shellabarger and Willow Creeks
Interior areas will transition from freshwater
(cattails) to saltwater (some mud, some
emergent vegetation)
esassoc.com 42
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8.1.a
Aquatic Habitats
Important because this is where the fish are
Habitat quality and quantity matter
Gentle slopes, substrates (sand, gravel), emergent
vegetation
Edge complexity; in -channel wood
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8.1.a
Aquatic Habitats — Channel Alignment
Tidal channels forming outlet of coastal embayments
are often fairly straight
Not uncommon for outlet channel to be pushed close
to barrier berm
Alignment along railroad right-of-way is not ideal, but
does not meaningfully reduce the benefits of
the project
esassoc.com 44
Ok
Race Lagoon on Whidbey Island
Packet Pg. 145
8.1.a
Riparian Habitats
Desire is for wide riparian buffer
Within available width, there is a trade off
between aquatic and riparian habitat
Emphasis has been toward wider aquatic habitat
- Emphasis on quality of riparian corridor; dense
vegetation establishment
Of note, it is a common condition that salt
marshes are not entirely surrounded by woody
riparian vegetation
Sand/gravel berm between Puget Sound and
embayment naturally too low and dynamic for woody
vegetation
esassoc.com 45
Packet Pg. 146
8.1.a
Water & Sediment Quality
Restored tidal exchange will improve water quality in
Edmonds Marsh (e.g., water temperatures and
dissolved oxygen)
r-actors affecting water quality of creek and stormwater
inflows should be addressed, as needed
Available sediment quality data indicate contamination
near outfall along northern margin of marsh and near
creek mouths, especially Willow Creek
Macroinvertebrate community classified as "poor" and
"very poor" in samples
- Factors affecting sediment quality in marsh will be
necessary for the restoration to achieve goals
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8.1.a
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WC-03 (Harbor Square Outfall) °
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Semi -Volatile Organic Compounds (SVOCs) Exceedances (Significant)
WC-04, WC-05, WC-06 Showed lesser (minor) exceedances of SVOCs Q
x
Water Quality 76
W
Fecal Coliform exceedances — all stations, periodically, except none at WC-01
(Marina Beach Park)
0
Lead — One exceedance at WC-05 (Dec. 2016)
N
D.O & pH — Minor, periodic exceedances at WC-03 L
City is working with Ecology to further characterize sediment
contamination and next steps.
Tidal flushing will remove/reduce D.O. and pH (and likely FC) exceedances.
E
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Station ID Station Name B-IBI Score B-IBI Rating
Puget sound
Lower Willow Creek
Willow Creek Marsh
Willow Creek Marsh
Willow Creek Marsh
Upper Willow Creek
Upper Shellebarger Creek
18
14
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Cost Estimate - Alternative 613 Floodwall
1
Description
Mobilization / Demobilization / Misc.
(:2018)
$
150,000
2
Marina Beach Park Channel / Habitat
$
1,147,000
3
Daylight Channel Construction
$
3,541,000
4
Marsh Improvements / Tidal Channels / Revegetation
$
1,233,000
5
BNSF Floodwall
$
2,639,000
6
Shellabarger / Harbor Square Flood Berms
$
150,000
Construction Subtotal
$
8,860,000
Escalation to 2021/2022 (10%)
$
886,000
Taxes (10%)
$
913,000
Bonding & Insurance (5%)
$
443,000
Contingency (25%)
$
2,215,000
Construction Total
$
13,317,000
Other Project Costs
Real Estate / Property Acquisition
?
Engineering, Permits (15% of Construction)
$
2,000,000
Construction Administration (10% of Construction)
$
1,350,000
Construction Total
$
16,667,000
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8.1.b
SUBMITTED To.
City of Edmonds
Public Works Department
City Hall, 2nd Floor
121 5th Avenue N
Edmonds, WA 98020
BY:
Shannon & Wilson, Inc.
400 N. 34th Street, Suite 100
Seattle, WA 98103
(206) 632-8020
www.shannonwilson.com
011 SHANNON &WILSON
=III SHANNON &WILSON
Submitted To: City of Edmonds
Public Works Department
City Hall, 2nd Floor
121 5th Avenue N
Edmonds, WA 98020
Attn: Mr. Zach Richardson
8.1.b
Willow Creek Daylight Project
REVISED Expanded Marsh Concept Design
and Hydraulic Modeling Report
Subject: REVISED EXPANDED MARSH CONCEPT DESIGN
AND HYDRAULIC MODELING REPORT, WILLOW CREEK DAYLIGHT
PROJECT, EDMONDS, WASHINGTON
Shannon & Wilson prepared this report and participated in this Project as a subconsultant to
the City of Edmonds. Our scope of services was specified in Agreement Number 5940 with
the City of Edmonds dated December 18, 2012 and amended on November 1, 2016. This
report presents Willow Creek Daylight, Expanded Marsh Alternatives Concept Design and
Modeling and was prepared by the undersigned.
We are pleased to have the opportunity to assist you with this Project. If you have questions
about the contents of this letter, please contact me at (206) 695-6885.
Sincerely,
Shannon & Wilson, INC.
/20/ 19
David Cline, PE, CFM
Vice President - Hydraulic Engineer
CBB:CMH:DRC/dre
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EXECUTIVE SUMMARY
REVISED
8.1.b
Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
This report presents the hydraulic assessment of the Willow Creek daylight channel
alternatives. The City of Edmonds is proposing daylighting Willow Creek as part of the
Edmonds Marsh Restoration Project. The daylighting and marsh restoration Project will
provide access to non -natal juvenile Chinook, and other salmon species, for rearing and
foraging during critical out -migration periods and locations.
This study evaluates the Daylight channel alignment with channel habitat modifications and
the Project performance under extreme tide conditions and sea level rise (SLR) conditions.
The results of the study found that a sinuous channel, with a low flow habitat channel, large
woody debris (LWD), and wetland and riparian buffers provides beneficial habitat for
juvenile salmon meeting fish -passage (accessibility) criteria, as well as providing instream
and marsh connectivity habitat functions.
The study results for flood risks from the Daylight channel found that extreme King tides,
storm surges, and future SLR conditions may increase flooding along the BNSF Railway,
Harbor Square, and SR-104 as a result of Daylight Project. The study evaluated the Daylight
Project channel without flood protection measures, with select flood berms and floodwalls,
and tide gate structures. We found that the Daylight channel would need to include flood
protection berms (or floodwalls) and would ultimately reduce flood risks compared to
existing conditions.
The study findings recommend daylighting Willow Creek as part of the greater Edmonds
Marsh restoration. The Project would include a sinuous tidal channel, composite low -flow
channel with wetland benches, LWD, and robust wetland and riparian buffers. The study
recommends adding flood protection measures of flood berms or floodwalls along the BNSF
Railway, Harbor Square, and SR-104 areas.
In addition, the study found water and sediment quality issues in the marsh. Additional
actions, such as sediment contamination remediation, and water quality monitoring and
fecal coliform source studies, are recommended to restore and improve the marsh health
and ecosystem functions.
Overall, the Daylight Project will provide significant benefit to juvenile Chinook salmon and
other salmonid species as part of the Edmonds Marsh restoration Project. The Project cost
estimate range is $13.6 to $16.6M. The Project is a major undertaking by the City and will
necessitate leadership, partnerships, and significant funding resources to meet the
challenges of estuary and stream restoration of a unique and special resource in an urban
setting.
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Willow Creek Daylight Project
REVISED Expanded Marsh Concept Design
and Hydraulic Modeling Report
1 Introduction................................................................................................................................1
2 Site and Project Description......................................................................................................1
3 Scope of Services........................................................................................................................2
4 Expanded Marsh Design Alternatives....................................................................................2
4.1 Initial Daylight Alternatives 1 through 4......................................................................3
4.2 Modified Daylight Alternatives 5 through 7................................................................6
5 Hydraulic Modeling..................................................................................................................9
5.1 Terrain................................................................................................................................9
5.2 Geometry...........................................................................................................................9
5.3 Hydrology.......................................................................................................................11
5.3.1 Hydrologic Boundary Conditions for Initial Daylight
Alternatives1 and 4..........................................................................................11
5.3.2 Hydrologic Boundary Conditions for Modified Daylight
Alternatives 5, 6, and 7.....................................................................................12
5.4 Hydraulic Modeling Results.........................................................................................14
5.4.1 Results for Initial Daylight Alternatives 1 and 4...........................................14
5.4.2 Results for Modified Daylight Alternatives 5, 6, and 7................................18
5.4.2.1 Alternative 5 - Meandering Daylight Channel,
Connection West of the Stormwater Pond, Moderate
Riparian Buffer, Complex Low -Flow Fish Habitat
Channel with Large Woody Debris (LWD), No Flood
Berms, Floodwalls, or Tide Gates/Floodgates..................................20
5.4.2.2 Alternative 6 - Meandering Daylight Channel,
Connection West of the Stormwater Pond, Moderate
Riparian Buffer, Complex Low -Flow Fish Habitat
Channel with Large Woody Debris (LWD), with Flood
Berms/Floodwalls, No Tide Gates/Floodgates.................................21
5.4.2.3 Alternative 7 - Meandering Daylight Channel,
Connection West of the Stormwater Pond, Moderate
Riparian Buffer, Complex Low -Flow Fish Habitat
Channel with Large Wood Debris (LWD), with Select
Flood Berms Along SR-104 and With Tide
Gate/Floodgate......................................................................................
22
6 Fish Habitat...............................................................................................................................25
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Willow Creek Daylight Project
REVISED Expanded Marsh Concept Design
and Hydraulic Modeling Report
6.1 Fish Habitat Conditions for Initial Daylight Alternatives 1 and 4..........................25
6.1.1
Accessibility.......................................................................................................26
6.1.2
Instream Habitat................................................................................................29
6.1.3
Riparian Habitat................................................................................................30
6.1.4
Water and Sediment Quality...........................................................................30
6.1.5
Summary of Fish Passage Evaluation — Alternatives 1 and 4 .....................31
6.2 Fish Habitat Conditions for the Modified Daylight Alternatives 5, 6, and 7.........32
6.2.1
Accessibility.......................................................................................................32
6.2.2
Instream Habitat................................................................................................33
6.2.3
Water and Sediment Quality...........................................................................33
6.2.4
Flood Conditions...............................................................................................35
6.2.5
Summary of Fish Habitat Evaluation.............................................................35
7 Cost Estimates..........................................................................................................................36
8 Conclusions and Recommendations.....................................................................................38
9 Limitations
................................................................................................................................41
10 References.................................................................................................................................42
Exhibits
Exhibit 5-1: Spring (King) Tide with Stream Baseflows -
Existing Conditions .........................15
Exhibit 5-2: Spring (King) Tide with Stream Baseflows -
Alternative 1.....................................15
Exhibit 5-3: Spring (King) Tide with Stream Baseflows -
Low (Tidal) Flow Alternative 4 .....16
Exhibit 5-4: 100-Year Flow Existing Conditions............................................................................16
Exhibit 5-5: 100-Year Flow Alternative 1........................................................................................17
Exhibit 5-6: 100-Year Flow Alternative 4........................................................................................17
Exhibit 5-7: Low (Tidal) Flow Existing Conditions.......................................................................23
Exhibit 5-8: Low (Tidal) Flow Alternative 5...................................................................................23
Exhibit 5-9: Low (Tidal) Flow Alternative 6...................................................................................23
Exhibit 5-10: Low (Tidal) Flow Alternative 7.................................................................................24
Exhibit 5-11: 100-Year Flow Existing Conditions..........................................................................24
Exhibit 5-12: 100-Year Flow Alternative 5......................................................................................24
Exhibit 5-13: 100-Year Flow Alternative 6......................................................................................25
Exhibit 5-14: 100-Year Flow Alternative 7......................................................................................25
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Willow Creek Daylight Project
REVISED Expanded Marsh Concept Design
and Hydraulic Modeling Report
Exhibit 6-1: Percent Time Providing Suitable Fish Passage Conditions Met for Flood/Ebb
Tides.....................................................................................................................................................28
Tables
Table 1: Alternative 1 Cost Estimate
Table 2: Alternative 4 Cost Estimate
Table 3: 3a - Alternative 6 - Flood Berms Cost Estimate
3b - Alternative 6 - Flood Walls Cost Estimate
Table 4: 4 - Alternative 7 - Cost Estimate
Figures
Figure 1:
Vicinity Map
Figure 2:
Existing Conditions
Figure 3:
Alternative 1 Alignment and Buffers
Figure 4:
Alternative 2 Alignment and Buffers
Figure 5:
Alternative 3 Alignment and Buffers
Figure 6:
Alternative 4 Alignment and Buffers
Figure 7:
Typical Sections
Figure 8:
Alternative 5 Alignment and Buffers
Figure 9:
Alternative 6 Alignment and Buffers
Figure 10: Alternative 7 Alignment and Buffers
Figure 11: 11A -1% (100-Yr) SAIC Stream Flood Hydrographs, King Tide and King Tide
with Sea Level Rise Tidal Boundary Conditions
11B -1% (100-Yr) SAIC Stream Flood Hydrographs, Storm Surge Tide and
Storm Surge Tide with Sea Level Rise Tidal Boundary Conditions
Figure 12: 12A -1% (100-Yr) Anchor QEA Stream Flood Hydrographs, King Tide and
King Tide with Sea Level Rise Tidal Boundary Conditions
12B -1% (100-Yr) Anchor QEA Stream Flood Hydrographs, Storm Surge Tide
and Storm Surge Tide with Sea Level Rise Tidal Boundary Conditions
Figure 13: Modeling Nodes
Figure 14: 100-Year Flood Water Surface Elevation and Velocity Node 2 - Upstream of
BNSF Bridge
Figure 15: Late Spring Fish Habitat Water Surface Elevation and Velocity Node 2 -
Upstream of BNSF Bridge
Figure 16: 100-Year Flood Water Surface Elevation and Velocity Node 3 - Upstream of
Daylight Channel
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Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
Figure 17: Late Spring Habitat Water Surface Elevation and Velocity Node 3 - Upstream
of Daylight Channel
Figure 18: 100-Year Flood Water Surface Elevation and Velocity Node 4 - Center of
Marsh
Figure 19: Late Spring Fish Habitat Water Surface Elevation and Velocity Node 4 -
Center of Marsh
Figure 20: 100-Year Flood Water Surface Elevation and Velocity Node 5 - Willow Creek
Downstream of Hatchery
Figure 21: Late Spring Fish Habitat Water Surface Elevation and Velocity Node 5 -
Willow Creek Downstream of Hatchery
Figure 22: 100-Year Flood Water Surface Elevation and Velocity Node 6 - Shellabarger
Creek Downstream of SR 104
Figure 23: Late Spring Fish Habitat Water Surface Elevation Velocity Node 6 -
Shellabarger Creek Downstream of SR 104
Figure 24: 24A - Existing and Alternative 1 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs Maximum Inundation Depths (ft)
24B - Existing and Alternative 1 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs Maximum Velocity (ft/s)
Figure 25: 25A - Existing and Alternative 4 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs Maximum Inundation Depths (ft)
25B - Existing and Alternative 4 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs Maximum Velocity (ft/s)
Figure 26: 26A - Existing and Alternative 1 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs Maximum Inundation Depths (ft)
26B - Existing and Alternative 1 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs Maximum Velocity (ft/s)
Figure 27: 27A - Existing and Alternative 4 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs Maximum Inundation Depths (ft)
27B - Existing and Alternative 4 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs Maximum Velocity (ft/s)
Figure 28: 28A - Existing and Alternative 5 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs Maximum Inundation Depths (ft)
28B - Existing and Alternative 5 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs Maximum Velocity (ft/s)
Figure 29: 29A - Existing and Alternative 5 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs and Sea Level Rise, Maximum Inundation Depths (ft)
29B - Existing and Alternative 5 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs and Sea Level Rise, Maximum Velocity (ft/s)
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Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
Figure 30: 30A - Existing and Alternative 5 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Inundation Depths (ft)
30B - Existing and Alternative 5 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Velocity (ft/s)
Figure 31: 31A - Existing and Alternative 5 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Inundation Depths (ft)
31B - Existing and Alternative 5 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Velocity (ft/s)
Figure 32: 32A - Existing and Alternative 5 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Inundation Depths (ft)
32B - Existing and Alternative 5 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Velocity (ft/s)
Figure 33: 33A - Existing and Alternative 5 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Inundation Depths (ft)
33B - Existing and Alternative 5 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Velocity (ft/s)
Figure 34: 34A - Existing and Alternative 6 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs Maximum Inundation Depths (ft)
34B - Existing and Alternative 6 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs Maximum Velocity (ft/s)
Figure 35: 35A - Existing and Alternative 6 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs and Sea Level Rise, Maximum Inundation Depths (ft)
35B - Existing and Alternative 6 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs and Sea Level Rise, Maximum Velocity (ft/s)
Figure 36: 36A - Existing and Alternative 6 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Inundation Depths (ft)
36B - Existing and Alternative 6- King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Velocity (ft/s)
Figure 37: 37A - Existing and Alternative 6 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Inundation Depths (ft)
37B - Existing and Alternative 6 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Velocity (ft/s)
Figure 38: 38A - Existing and Alternative 6 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Inundation Depths (ft)
38B - Existing and Alternative 6 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Velocity (ft/s)
Figure 39: 39A - Existing and Alternative 6 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Inundation Depths (ft)
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Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
39B - Existing and Alternative 6 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Velocity (ft/s)
Figure 40: 40A - Existing and Alternative 7 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs Maximum Inundation Depths (ft)
40B - Existing and Alternative 7 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs Maximum Velocity (ft/s)
Figure 41: 41A - Existing and Alternative 7 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs and Sea Level Rise, Maximum Inundation Depths (ft)
41B - Existing and Alternative 7 - King Tide with Late Spring Fish Habitat
Inflow Hydrographs and Sea Level Rise, Maximum Velocity (ft/s)
Figure 42: 42A - Existing and Alternative 7 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Inundation Depths (ft)
42B - Existing and Alternative 7- King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Velocity (ft/s)
Figure 43: 43A - Existing and Alternative 7 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Inundation Depths (ft)
43B - Existing and Alternative 7 - King Tide with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Velocity (ft/s)
Figure 44: 44A - Existing and Alternative 7- Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Inundation Depths (ft)
44B - Existing and Alternative 7 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs, Maximum Velocity (ft/s)
Figure 45: 45A - Existing and Alternative 7 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Inundation Depths (ft)
45B - Existing and Alternative 7 - Storm Surge with SAIC 1% (100-Yr) AEP
Inflow Hydrographs and Sea Level Rise, Maximum Velocity (ft/s)
Figure 46: Late Spring Habitat Flows and King Tide Flood Depths and Velocities
Node 1- Outlet of Daylight Channel
Figure 47: Late Spring Habitat Flows and King Tide with Sea Level Rise, Flood Depths
and Velocities Node 1- Outlet of Daylight Channel
Figure 48: Late Spring Habitat Flows and King Tide Flood Depths and Velocities
Node 2 - Upstream of BNSF Bridge
Figure 49: Late Spring Habitat Flows and King Tide with Sea Level Rise, Flood Depths
and Velocities Node 2 - Upstream of BNSF Bridge
Figure 50: Late Spring Habitat Flows and King Tide Flood Depths and Velocities
Node 3 - Center of Daylight Channel
Figure 51: Late Spring Habitat Flows and King Tide with Sea Level Rise, Flood Depths
and Velocities Node 3 - Center of Daylight Channel
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Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
Figure 52: Late Spring Habitat Flows and King Tide Flood Depths and Velocities
Node 4 - Upstream End of Daylight Channel
Figure 53: Late Spring Habitat Flows and King Tide with Sea Level Rise, Flood Depths
and Velocities Node 4 - Upstream End of Daylight Channel
Figure 54: Late Spring Habitat Flows and King Tide Flood Depths and Velocities
Node 5 - Center of Marsh
Figure 55: Late Spring Habitat Flows and King Tide with Sea Level Rise, Flood Depths
and Velocities Node 5 - Center of Marsh
Figure 56: Late Spring Habitat Flows and King Tide Flood Depths and Velocities
Node 6 - Willow Creek Confluence with Marsh
Figure 57: Late Spring Habitat Flows and King Tide with Sea Level Rise, Flood Depths
and Velocities Node 6 - Willow Creek Confluence with Marsh
Figure 58: Late Spring Habitat Flows and King Tide Flood Depths and Velocities
Node 7 - Shellabarger Creek Downstream from SR-104
Figure 59: Late Spring Habitat Flows and King Tide with Sea Level Rise, Flood Depths
and Velocities Node 7 - Shellabarger Creek Downstream from SR-104
Appendix
Important Information
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Willow Creek Daylight Project
REVISED Expanded Marsh Concept Design
and Hydraulic Modeling Report
2D
two-dimensional
AEP
Annual Exceedance Probability
cfs
cubic feet per second
City
City of Edmonds
FIPS
Federal Information Processing Standard
HAT
high astronomical tide
HDPE
high -density polyethylene
HEC-RAS
Hydrologic Engineering Center River Analysis System
LiDAR
light detection and ranging
LWD
large woody debris
mm
millimeters
NAD
North American Datum
NAVD88
North American Vertical Datum of 1988
NOAA
National Oceanic and Atmospheric Administration
RCP
reinforced concrete pipe
ROW
right-of-way
SLR
sea level rise
SR
State Route
SRFB
Salmon Recovery Funding Board
SVOCs
semi -volatile organic compounds
Unocal
Union Oil Company of California
USACE
U.S. Army Corps of Engineers
WAC
Washington Administrative Code
WDFW
Washington Department of Fish and Wildlife
WSDOT
Washington State Department of Transportation
WSEL
water surface elevation
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INTRODUCTION
REVISED
8.1.b
Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
This report presents the hydraulic assessment of the Willow Creek daylight channel
alternatives. We have provided our services in general accordance with the Supplemental
Contract Agreement #5940 Supplemental Agreement No. 2, signed November 1, 2016.
2 SITE AND PROJECT DESCRIPTION
Willow Creek and Shellabarger Creek flow from the south and east to the west through
residential Edmonds, Washington (the City) (Figure 1). The two streams reach a confluence
at the Edmonds Marsh (the marsh) and are joined by local stormwater system outfalls from
State Route (SR-) 104, the Harbor Square commercial development, and the Point Edwards
residential development to the south. The marsh historically connected to the Puget Sound
through an open channel near Brackets Landing and later near the location of the Port of
Edmonds Marina. As the surrounding area has developed, the channel was piped along
Admiral Way to an outfall at Marina Beach Park (Figure 2).
The City has completed a feasibility study concerning the daylighting of Willow Creek
downstream of the marsh through land owned by Union Oil Company of California
(Unocal) with plans to transfer the property to the Washington State Department of
Transportation (WSDOT) for the Edmonds Crossing Project (Shannon & Wilson, 2015). The
feasibility study's preliminary daylight alignment is a continuation of the straight portion of
the existing channel to a crossing beneath the BNSF Railway Company tracks at a bridge,
then through the Marina Beach Park (Figure 3). These daylighting efforts will re -introduce
tidal flows to the marsh, increasing beneficial flushing and promoting connectivity for
non -natal juvenile salmon habitat, among others.
For this study, the City and grant agencies are exploring an expanded restoration footprint.
The original feasibility study concept design Daylight channel, Alternative 1 in this report,
was a straight channel constrained by the BNSF right-of-way (ROW) to the west and the
future Edmonds Crossing WSDOT ferry crossing to the east on the Unocal property. The
City has contracted Shannon & Wilson to evaluate a more sinuous daylight channel
alignment through the Unocal property which is the planned location fo the WSDOT
Edmonds Crossing ferry parking areas. The goal of the additional hydraulic modeling
studies is to analyze available increases in habitat restoration area and effects of a more
sinuous channel on velocity, depth, and inundation areas within the marsh. This analysis of
a larger restoration footprint also involves a fish habitat study, quarterly water and annual
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Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
soil and sediment sampling in the potential expanded area, and sampling of the existing
channel for benthic macro -invertebrates to inform the design phase. This report concerns
the extended daylight grading, wetland habitat increases, cost estimate updates, and
hydraulic analysis.
SCOPE OF SERVICES
Our scope of services includes performing a hydrologic and hydraulic (drainage) study to
evaluate the potential effects from daylighting Willow Creek via an expanded restoration
alternative. The draft drainage study tasks include:
■ Develop a conceptual expanded restoration plan (Selected Alternative) with input from
the City Public Works and Parks department and the Project team hydraulic engineer,
wetland scientist, and fish biologist.
■ Develop an alternative description, grading plan, cost estimate, and calculation of
habitat area increase for the Selected Alternative compared to the alternative described
in the feasibility study.
■ Perform hydraulic modeling of the Selected Alternative and provide depth, velocity,
and inundation information.
■ Provide a fish habitat summary of the Expanded Marsh Restoration Alternatives using
the hydraulic modeling results (memo to be provided at a later date).
EXPANDED MARSH DESIGN ALTERNATIVES
Shannon & Wilson, in conjunction with the City, developed three initial concept daylight
channel alternative alignments and plans for review and comment by WSDOT Ferries.
These three alternatives were developed to expand upon the original straight daylight
alignment in the Feasibility Study. A goal of this study, and requirement of the Salmon
Recovery Funding Board (SRFB) grant, was to evaluate a sinuous channel planform and the
improved habitat benefits to fish. The original daylight alignment is straight and follows
the west side of the Unocal property parallel to the BNSF Railway. Alternatives 1 through 3
lay out the original daylight alignment (Alternative 1) and additional plans with increased
sinuosity with riparian buffers of differing widths (Figure 3-5).
A current constraint on the Project site, at the time of this report's scope of services and
contract period, are the plans by WSDOT Ferries to use Unocal property for the future
Edmonds Crossing location. Unocal will transfer the property to WSDOT Ferries upon
completion of the remedial investigation and site cleanup. Adding daylight channel
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4.1
REVISED
8.1.b
Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
sinuosity and riparian buffers will widen the Project footprint and encroach into areas
shown on the WSDOT Ferries Edmonds Crossing plan having future structures, parking,
drop-off lanes, and stormwater infrastructure.
For these reasons, City staff and Shannon & Wilson met with WSDOT Ferries on November
8, 2017, to present the revised daylight Alternatives 1 through 3 below. WSDOT Ferries staff
provided feedback regarding an acceptable daylight channel and riparian buffer
configuration within the context of the future Edmonds Crossing Project. Alternative 4 was
developed based on the feedback from WSDOT Ferries and City staff at the meeting and is
described further below.
Having agreement by WSDOT Ferries on the Project plan is an important step for the
Project. Grant funding agencies are requiring the City to provide a Memorandum of
Understanding for WSDOT Ferries as the eventual landowner for working with the City to
develop the daylight Project. The grant agencies will not continue to fund the Project until
this agreement is in place.
We note that the daylight alternative alignment and grading plans described below can, and
will, be modified in future final design and permit phases of the Project. These adjustments
in the plans are anticipated based on the results of the hydraulic model and geomorphic
assessments, conditions of permits, technical feedback from the granting agencies, and most
importantly, feedback from the City staff, Council, and the Community of Edmonds.
Initial Daylight Alternatives 1 through 4
The initial daylight Alternatives 1 through 3 were presented by the City to WSDOT Ferries
below. As an outcome of the meeting, WSDOT Ferries provided comments regarding
parking area and stormwater pond footprint impacts, for which Alternative 4 was then
developed to perform the comparative hydraulic modeling analysis with Alternative 1.
■ Alternative 1- Straight daylight channel (Figure 3)
- Straight tidal channel planform (1,909 feet, 2.59-acre channel)
- Low sinuosity (one meander bend)
- Parallel to and abutting the BNSF Railway property at top of west bank
- 2.45-acre riparian buffer (in WSDOT Ferries area)
■ Zero buffer width to the west, zero acres (BNSF Railway)
■ 97-foot-wide average buffer width to the east, 2.45 acres (WSDOT Ferries)
- Minimum footprint impacting the WSDOT Ferries plan
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and Hydraulic Modeling Report
■ Alternative 2 - Sinuous daylight channel through middle of stormwater pond with
moderate riparian buffer (Figure 4)
- Sinuous tidal channel planform (length 2,066 feet, 3.21-acre channel and stormwater
pond restoration)
- Higher sinuosity (six meander bends)
- Offset from BNSF Railway
- 4.93-acre riparian buffer (in WSDOT Ferries area)
■ 89-foot-wide average buffer width to the west, 2.70 acres (BNSF Railway)
■ 77-foot-wide average buffer width to the east, 2.37 acres (WSDOT Ferries)
- Channel through and restoring 1.45 stormwater pond area as wetlands (WSDOT
Ferries)
- Moderate footprint impacting the WSDOT Ferries plan
■ Alternative 3 - Sinuous daylight channel through middle of stormwater pond with the
largest riparian buffer (Figure 5)
- Sinuous tidal channel planform (length 2,032 feet, 3.31-acre channel and fill of
stormwater for shallow marsh area)
- Moderate sinuosity (four meander bends)
- Partially offset from BNSF Railway
- 8.33-acre riparian buffer (in WSDOT Ferries area)
■ 75-foot-wide average buffer width to the west, 2.24 acres (BNSF Railway)
■ 200-foot-wide average buffer width to the east, 6.00 acres (WSDOT Ferries)
- Channel through and full habitat restoration of stormwater pond area (WSDOT
Ferries)
- Maximum footprint impacting the WSDOT Ferries plan
■ Alternative 4 - Sinuous daylight channel with connection west of the stormwater pond
and moderate riparian buffer (Figure 6)
- Sinuous tidal channel planform (length 2002 feet, 1.79 acres and stormwater pond
connection as wetland restoration area)
- High sinuosity (six meander bends)
- Partially offset from BNSF Railway
- 4.32-acre riparian buffer (in WSDOT Ferries area)
■ 25-foot-wide average buffer width to the west, 0.78 acres (BNSF Railway)
■ 135-foot-wide average buffer width to the east, 3.53 acres (WSDOT Ferries)
- Channel connection on west side of stormwater pond with wetland restoration in
pond area
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- Moderate footprint impacting the WSDOT Ferries plan
Each of the alternatives above used the Typical Daylight Channel Section Without Habitat
Benches as shown in Figure 7. More complex channel geometry for habitat purposes was
analyzed in the subsequent, Modified Alternative, modeling studies. The initial daylight
cross section includes excavation of 15 feet bottom width and approximate 50 feet top width
channel with 2 Horizontal to 1 Vertical (2H:1V) side slopes. Excavation of native and fill
material along the alignment with backfill of clean fill over a high -density polyethylene
(HDPE) liner (as an option for potential contaminated zones), with streambed materials,
topsoil import, riparian, wetland marsh, and streambank plantings.
Each of the alternatives above has identical upstream tidal channel excavations in the
central area of Edmonds Marsh with invasive species treatment actions as part of the marsh
restoration plan.
The Project hydraulic modeling and fish habitat benefits of Alternatives 1 and 4 are
described in Sections 5 and 6 below. Shannon & Wilson submitted a report to the City in
September 2016 and Confluence Environmental in December 2017 that outlines the
modeling and fish habitat results for Alternatives 1 through 4. The results of these analyses
were used to inform development of the Modified Alternatives 5 through 7 described in the
following report section. A few key findings were as follows:
■ Both Alternatives performed similarly for the daylight channel and marsh hydraulics
■ Flooding for the alternatives occurs to the north from Shellabarger (Stella's) Marsh,
similar to existing conditions
Flood overtopping of the Harbor Square Berm and the BNSF Railway did not occur for
the hydrology and tidal boundary conditions modeled. The tidal and stormwater flood
water surface elevation (WSEL) of 12.0 feet provided only 0.1-foot of clearance at certain
low points along the Harbor Square berm and the BNSF Railway; larger tidal events
would likely be worsened for the Daylight Channel Project compared to existing
conditions.
Alternative 4 daylight channel sinuosity, length and complexity would provide better
habitat for fish. Additional complexity through benching and LWD would improve fish
habitat conditions.
■ Alternative 4 riparian conditions are minimal to the north (and west) and could be
expanded and improved to increase the buffer width along the BNSF Railway.
■ Water quality sampling performed by Shannon & Wilson (2019) indicates moderately
acceptable water quality conditions with a few exceptions.
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o Certain water quality samples showed exceedances for fecal coliform, low
dissolved oxygen, high pH, copper and lead.
■ Heavy metal, copper and lead exceedances were limited by location
and temporarily, and do not appear to be persistent water quality
issues.
■ pH was characterized with low pH in winter periods at WC-02 and
WC-03, and high pH at multiple locations in September 2017. The
high pH measurements may be a data collection error. Additional
sampling is recommended to confirm pH conditions.
■ Dissolved Oxygen (DO) - Low DO was observed at only a single
time/location, and does not appear to be a persistent water quality
issue.
■ Fecal Coliform - High fecal coliform counts were observed at multiple
locations and monitoring periods, with very high fecal coliform
measurements made in late summer / early fall 2017. Fecal coliform
appears to be a more persistent water quality problem in Willow and
Shellabarger Creeks, Edmonds Marsh and Marina Beach Park
shoreline area. Additional monitoring and a Microbial Source
Tracking (MST) study is recommended.
o Sediment quality samples at WC-03, Harbor Square stormwater outfall area,
high volatile organic and semi -volatile organic compounds (SVOCs),
including diesel and gas range organics and polyaromatic hydrocarbon
compounds were observed. Additional stormwater and sediment quality
monitoring and sediment contamination remediation in this outfall area is
recommended.
The daylighting of Willow Creek will provide better fish passage for juvenile Chinook
and other fish species, unobstructed access into the Edmonds Marsh system for the first
time in many decades. The proposed restoration will provide access and suitable habitat
for juvenile Chinook salmon to support their rearing and growth. Of the two initial
alternatives evaluated, Alternative 4 would provide more and better habitat conditions
than Alternative 1. The sinuosity of Alternative 4 and expanded channel areas and
vegetated riparian corridor would provide substantially better habitat than Alternative
1.
Modified Daylight Alternatives 5 through 7
Three additional modeling alternatives were developed to address the concerns stated in the
previous report section, and to improve fish habitat and flood conditions for the Project
Alternatives 5 through 7. To start, each of the modified Project Alternatives tidal channel
cross sections were updated with a low -flow habitat channel and wetland benches with
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placement of LWD throughout the channel to increase channel complexity, hydraulic
roughness and energy dissipation, and improve forage and habitat conditions for juvenile
fish (Figure 7 - Typical Daylight Channel Section - With Habitat Benches and Large Woody
Debris). These modifications provide increased low -flow depths and reductions in tidal
channel velocities, with cover for rearing and foraging, that benefit fish habitat conditions.
The second aspect of the modifications was related to evaluation of extreme tides, king tides
and tidal storm surge and future SLR conditions, which is described in more detail in
Section 5, Hydraulic Modeling, below. The concern with the Daylight Project is that the
current drainage system has a tide gate and smaller culverts that either block, or
substantially attenuate (reduce) tidal inflows into and water elevations in the marsh when
the tide gates are open. With the future Daylight tidal channel, attenuation effects will not
occur, and extreme tidal conditions could increase flood impacts along SR-104, Harbor
Square, and the BNSF Railway. In our modeling analysis described below, we found that
SLR conditions cause flooding along the Daylight channel and along the Port of Edmonds
and City's waterfront seawall. To evaluate the effects of the Daylight channel Project
separately, we assumed that the City will modify and increase the height of the seawall in
the future to accommodate SLR as a separate Project from this Daylight project. This
assumption allows us to delineate the flood effects of the Daylight Channel project from
flooding that occurs from overtopping of the seawall.
The Modified Daylight Alternatives 5 through 7 below address these fish habitat and tidal
extreme flood conditions, as described below:
■ Alternative 5 - Sinuous daylight channel with connection west of the stormwater pond
and moderate riparian buffer, no flood berms, floodwalls, or tide gates/floodgates
similar to previous Alternative 4 (Figure 8)
- Revised Daylight tidal channel geometry with a low -flow habitat channel, marsh
benches, and LWD.
- Raise seawall along Port and City waterfront assumed to take place in the future
- Sinuous tidal channel planform (length 1,945 feet, 2.84 acres, and 1.31 acre
stormwater pond connection as wetland restoration area)
- High sinuosity (six meander bends)
- Partially offset from BNSF Railway
- 4.92-acre riparian buffer (in WSDOT Ferries area)
■ 25-foot-wide average buffer width to the west, 0.74 acres (BNSF Railway)
■ 135-foot-wide average buffer width to the east, 4.18 acres (WSDOT Ferries)
- Channel connection on west side of stormwater pond with wetland restoration in
pond area
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■ Alternative 6 - Sinuous daylight channel with connection west of the stormwater pond
and moderate riparian buffer, similar to Alternative 4, with floodwalls/berms (Figure 9)
- Revised Daylight tidal channel geometry with a low -flow habitat channel, marsh
benches, and LWD
- Raise seawall along Port and City waterfront assumed to take place in the future
- Floodwall/flood berms along BNSF Railway, SR-104 areas to prevent tidal storm
surge and SLR flooding
- Sinuous tidal channel planform (length 2,008 feet, 2.74 acres, and 1.31 acre
stormwater pond connection as wetland restoration area)
- High sinuosity (six meander bends)
- Partially offset from BNSF Railway
- 4.28-acre riparian buffer (in WSDOT Ferries area)
■ 10-foot-wide average buffer width to the west, 0.12 acres (BNSF Railway)
■ 135-foot-wide average buffer width to the east, 4.16 acres (WSDOT Ferries)
- Channel connection on west side of stormwater pond with wetland restoration in
pond area
- Moderate footprint impacting the WSDOT Ferries plan
■ Alternative 7 - Sinuous daylight channel with connection west of the stormwater pond
and moderate riparian buffer, similar to Alternative 4, with self-regulating tide gate /
flood gate (Figure 9)
- Revised Daylight tidal channel geometry with a low -flow habitat channel, marsh
benches, and LWD.
- Raise seawall along Port and City waterfront assumed to take place in the future.
- Floodgate/tide gate with self-regulating control set at closure elevation of 10 feet to
allow regular tidal flows and prevent extreme tides into the marsh area.
- Floodwall/flood berms along SR-104 to Dayton Street areas to prevent tidal storm
surge and SLR flooding.
- Sinuous tidal channel planform (length 1,925 feet, 2.84 acres, and 1.31 acre
stormwater pond connection as wetland restoration area)
- High sinuosity (six meander bends)
- Partially offset from BNSF Railway
- 4.92-acre riparian buffer (in WSDOT Ferries area)
■ 25-foot-wide average buffer width to the west, 0.74 acres (BNSF Railway)
■ 135-foot-wide average buffer width to the east, 4.18 acres (WSDOT Ferries)
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- Channel connection on west side of stormwater pond with wetland restoration in
pond area
- Moderate footprint impacting the WSDOT Ferries plan
HYDRAULIC MODELING
The Shannon & Wilson Willow Creek Daylight Feasibility Study (2013) utilized
one-dimensional hydraulic modeling in the U.S. Army Corps of Engineers (USACE)
Hydrologic Engineering Center River Analysis System (HEC-RAS) 4.0 program (Anchor
QEA, 2015). For this Willow Creek Daylight Expanded Marsh Concept Design and
Hydraulic Modeling Report, we developed a new HEC-RAS2D (U.S. Army Corps of
Engineers, 2016) model.
Terrain
The Initial Daylight Alternatives 1 and 4, HEC-RAS 2D model, utilizes light detection and
ranging (LiDAR) data from 2004, 2008, and 2012 combined with topographic survey at the
site. Grid cells for calculations and visualization were spaced evenly through the
two-dimensional (2D) modeling area at a 10-foot by 10-foot resolution. All data was set to
horizontal coordinate system North American Datum (NAD) 1983 StatePlane Washington
North Federal Information Processing Standard (FIPS) 4601 (U.S. Feet) and vertical
coordinate system North American Vertical Datum of 1988 (NAVD88).
We updated the terrain with current LiDAR to better analyze extreme tide and SLR
conditions along the Edmonds waterfront seawall area. The modeling terrain was updated
for Alternatives 5 through 7 using a combination of 2014 and 2016 LiDAR, 2008 and 2015
topographic field survey. Terrain grids utilize a cell size of 1 foot horizontal and 1 foot
vertical. All data was set to horizontal coordinate system NAD 1983 StatePlane Washington
North FIPS 4601 (U.S. Feet) and vertical coordinate system NAVD88.
Geometry
Grading plans and surfaces for the two Initial Daylight Alternatives 1 and 4 hydraulic
models were developed using AutoCAD Civil3D and then exporting the surfaces
geographic information system. Grading was developed for the daylight channel,
stormwater pond and connections, and the tidal channel excavations and stream
connections farther upstream in Edmonds Marsh.
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These grading surfaces were imported into the HEC-RAS RAS mapper application and were
combined with LiDAR survey data from 2004, 2008, and 2012 terrain described above. The
2D modeling grid area was expanded from the feasibility study limits to include the Marina
Beach Park, the Unocal property, and the entire Edmonds Marsh and Shellabarger Creek
Marsh (Stella's Marsh) west of SR-104.
The system of stormwater culverts and tide gates downstream of the existing Willow Creek
channel were modeled using survey and as -built data provided by the City and as described
in the feasibility study (Shannon & Wilson, 2015). For the Existing Conditions model, the
tide gate is located in the stormwater pipe and vault system in the Marina Beach Park
parking lot. The tide gate is allowed to operate as a normal flap gate (opening/closing with
the tide) from November through March. From April through October, the tide gate is
chained open.
The following is a list of culvert sizes and locations used in the existing conditions
geometry.
■ Two 72-inch by 48-inch corrugated metal pipe arches beneath SR-104 (also in proposed
alternatives).
■ One 24-inch reinforced concrete pipe (RCP) beneath berm upstream of BNSF Railway
(Note: The 36-inch culvert at this location is gated shut year-round.)
■ Two 42-inch RCP beneath BNSF Railway leading to Admiral Way (Port of Edmonds).
■ One 42-inch composite culvert from Admiral Way to the tidal outlet with a tide gate.
The modeling extents and geometry for the Modified Daylight Alternatives were
re -configured to capture the expected flood extents of extreme tides and year 2100 SLR tidal
boundary conditions. This included extending the modeling grid area to include the Port of
Edmonds along the seawall north toward the current -day WSDOT Ferry dock and
Brackett's Landing to capture tidal flooding and overtopping of the Port of Edmonds and
City's waterfront seawall. This was necessary to differentiate the flood effects from SLR
overtopping of the waterfront seawall and tidal flooding derived from the proposed Project
Daylight channel.
Hydraulic structures such as culverts and gates were modeled within the defined storage
area/2D connectors. Culvert data was entered based the previous HEC-RAS2D model and
updated using a combination of 2015 survey and data obtained from the Dayton Street and
SR-104 Storm Drainage Alternatives Study (SAIC, 2013).
A Manning's roughness coefficient shapefile was created for existing conditions based on
recent aerial imagery. The alternatives used a modified Manning's roughness coefficient
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shapefile that incorporated the daylight channel. Within the daylight, the roughness
coefficients alternated between regular channel and partially blocked areas to simulate LWD
installations within the channel for natural juvenile salmon habitat.
5.3 Hydrology
Hydrologic inputs for both the Initial Daylight Alternatives 1 and 4 and the Modified
Alternatives 5, 6, and 7 are described in this section of the report.
5.3.1 Hydrologic Boundary Conditions for Initial Daylight Alternatives 1 and 4
The hydrology inflows to the Project Daylight channel and Edmonds Marsh modeling
domain include upstream flow sources from Shellabarger Creek and Willow Creek,
stormwater inputs from Point Edmond, and the WSDOT SR-104 overflow. Downstream
hydrologic boundary conditions are tidal conditions of the Puget Sound. These hydrologic
inflows and boundary conditions were used with high tides under current conditions and
SLR conditions for year 2100 to evaluate present-day and future project performance. For
upstream flows, two sources of hydrologic inflows exist.
SAIC developed a watershed scale model of the marsh, stream, and stormwater system
using Hydrologic Simulation Program - FORTRAN for the City's improvements at Dayton
Street to the north (SAIC, 2013). This analysis provides 100-year peak flow estimates for
Willow and Shellabarger Creeks, Harbor Square, and the Point Edwards stormwater
inflows. For the Initial Daylight Alternatives 1 and 4, the inflow peaks from the SAIC report
were applied to a Soil Conservation Service Type IA distribution and the resultant
hydrographs were applied at their respective inflow locations at the edge of the HEC-RAS
2D modeling grid for both the 100-year flow or the 1% Annual Exceedance Probability
(AEP) event and for the low -flow conditions.
The downstream tidal boundary condition was replicated from the Feasibility Study as the
same two -week period of tidal activity, including a king tide (high astronomical tide [HAT])
of 10.7 feet NAVD88 (SAIC, 2013). In the Feasibility Study hydrology, the king tide aligns
with the initial peak of the 100-year storm. We evaluated the timing of the stormwater
inflow hydrograph to the timing of the crest of the HAT and the resulting tide gate closures
to identify a worst -case timing condition. Flood models were run for a peak 100-year storm
occurring 12 hours before the crest of the HAT. These shifted boundary conditions showed
minor increases in flood elevations throughout the system compared to existing conditions.
The tidal downstream boundary condition, and SAIC upstream stream flows and
stormwater peak inflow hydrographs, with a combined peak flow rate of 138 cubic feet per
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second (cfs), were applied to the model as unsteady -state conditions for peak flows and
low -flow habitat spring juvenile fish migrations (Figures 11A and 11B).
Anchor QEA also developed a second model of stream inflows to the site. These peak
stream flows are 91 cfs followed by a 12-hour period of varying flow near 72 cfs before
tailing off down to a constant low flow. This peak of 91 cfs was estimated to be near the
100-year storm and 72 cfs was estimated to be an average annual storm event (Anchor QEA,
2015) (Figures 12A and 12B).
Anchor QEA developed low -flow inflows estimated at 0.8 cfs (0.5 cfs Shellabarger Creek
and 0.3 cfs Willow Creek). These design events were based on previous modeling by
Anchor QEA in 2007 and information in the SAIC stormwater modeling report (Anchor
QEA, 2013; SAIC, 2013). The low -flow event will be almost entirely driven by tidal inflows
and represents tidal inundation and wetland functions in existing and proposed conditions
during late spring and early summer when non -natal juvenile salmon would be present in
the system.
Shannon & Wilson modeled both the SAIC 1% AEP and the Anchor QEA 1% AEP events
with a two -week downstream tidal condition period, including a HAT. The hydraulic
modeling results discussed in Section 5.4 below use the SAIC 1% AEP flood event due to
our higher confidence in the flow rates from the SAIC stormwater model.
Hydrologic Boundary Conditions for Modified Daylight Alternatives 5, 6, and 7
Several combinations of upstream inflow and downstream extreme tide and SLR boundary
conditions were developed for Modified Daylight Alternatives 5, 6, and 7. The hydrologic
inflow and downstream tidal boundary condition combinations are outlined below:
Downstream Tidal Boundary Conditions - Tidal stage hydrographs (WSEL vs Time)
simulate downstream tidal elevations along the Daylight channel and the waterfront
seawall in the model. Three tidal boundary conditions were used.
National Oceanic and Atmospheric Administration (NOAA) 2012 - Tidal data for the
Seattle, Washington, Elliot Bay (Station Identification: 9447130) gauge. The December
17, 2012 (16:00 hrs), was considered a representative observed extreme storm surge tide
event, with a peak tidal elevation of 12.12 feet (NAVD88). This event was utilized to
develop alternatives to flooding within the marsh and simulate the potential WSELs and
velocities the different analysis nodes might experience at a worst -case scenario.
King Tide (HAT) - This stage hydrograph was copied from the previous study
HEC-RAS 5.0.3 model. It is considered the yearly HAT of 10.7 feet NAVD88 (SAIC,
2013).
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2100 SLR - The USACE Sea Level Change Curve Calculator (2017.55) was utilized to
predict possible increases in sea level by the year 2100. Using the calculator for the
Edmonds Marsh location, the NOAA Low to Intermediate and USACE Intermediate
SLR of 1.77 feet was selected for the Project. For our purposes, this number was
rounded to 2 feet. We note that the NOAA high and USACE high predictions estimate
SLR by 5 to 6.7 feet by year 2100. The tidal hydrograph elevation ordinates for the
NOAA 2012 event were increased by 2 feet to produce a year 2100 SLR downstream
boundary condition tidal elevation hydrograph.
Stormwater and Stream Inflow Conditions - Inflow hydrographs (flow vs time) were used
to simulate the influence of hydrologic runoff excess volume discharging into the marsh.
The inflow hydrograph data was utilized from the previous study and input into the HEC-
RAS 2D model relatively close to the same location as the previous study. Figures 11 and 12
present the NOAA 2012 and 2100 SLR tidal boundary conditions plotted along with the 100-
year (1% AEP) SAIC hydrographs.
■ Willow Creek at hatchery
- Low Flow - 0.68 cfs
- 100-year (1% AEP) SAIC - 48.55 cfs
- 100-year (1% AEP) Anchor QEA at peak - 77.27 cfs
■ Shellabarger Creek upstream of Stella's Marsh
- Low Flow - 0.13 cfs
- 100-year (1% AEP) SAIC - 72.84 cfs
- 100-year (1% AEP) Anchor QEA at peak -14.77 cfs
■ Dayton Street - Harbor Square Inflow just inside marsh
- 100-year (1% AEP) SAIC - 7.15 cfs - SAME AS DAYTON STREET
■ Marsh Internal with WSDOT Manhole Overflow inside marsh
- 100-year (1% AEP) SAIC - 9.63 cfs -SAME AS STORMWATER INFLOW FROM
DEVELOPMENT
■ Point Edwards Stormwater System within daylight channel
- 100-year (1% AEP) SAIC - 9.63 cfs
■ Dayton Street edge of mesh on Dayton Street -ONLY IN EXISTING CONDITIONS
- 100-year (1% AEP) SAIC - 7.15 cfs
Initial Conditions - Initial WSELs were used in the Edmonds Marsh submesh under
existing conditions for the NOAA 2012 and year 2100 SLR simulations. These initial WSEL
values simulate the water levels in the marsh at the time the simulation begins. The initial
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Expanded Marsh Concept Design
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WSELs were calculated based on a tide -only simulation run and do not include the stream
and stormwater inflow hydrographs.
Hydrograph Lag - A 12-hour lag was applied to the inflow hydrographs for the NOAA
2012 and 2100 SLR flow data for the Alternative 7 scenario. This was to allow the marsh to
fill to 10 feet NAVD88, simulating tide gate closure, before the hydrograph peaks arrived
from Willow Creek and Shellabarger Creek. This was necessary to simulate the worst case
conditions with respect to storage volume in the marsh.
Hydraulic Modeling Results
2D unsteady -state modeling runs were created representing existing conditions and
proposed conditions for Initial Daylight Alternatives 1 and 4 and the Modified Daylight
Alternatives 5, 6, and 7. The Initial Daylight Alternatives analyze the 100-year storm and
low -flow tidal habitat events. The Modified Daylight Alternatives analyze the 100-year
storm event with King and Storm Surge tidal conditions, and low -flow tidal habitat events,
including year 2100 SLR for these various boundary conditions.
Results for Initial Daylight Alternatives 1 and 4
2D unsteady -state modeling runs were created representing existing and proposed
conditions for Alternatives 1 and 4 for each of the 100-year storm and low -flow tidal habitat
events. The models predict velocity, depth, and WSELs across the site. Specific output
nodes listed below were used to frame the analyses (Figure 13).
1. Downstream tidal boundary
2. Upstream of BNSF bridge
3. Upstream end of daylight channel
4. Center of marsh
5. Willow Creek, downstream of the hatchery
6. Shellabarger Creek, downstream of the culvert crossing SR 104
Comparisons of the results for each geometry at the 100-year storm and low -flow tidal
habitat event are provided in Figures 14 through 23. Comparison maps of depths and
velocities for the existing and selected alternative are provided in Figures 24 through 27 and
Exhibits 5-1 through 5-6.
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a�
Exhibit 5-1: Spring (King)
a�
Tide with Stream Baseflows - Existing Conditions a
(ft/s) Depth
(ft) Maximum
InundationVelocity
21
..
o
1 0.00
0.02 2.45 7.55
13.13 0
m
2
Existing Conditions has no chann
-
CD
3 0.21
0.50 0.00 2.58
3.22 c
20.8 N
4 0.00
0.02 0.00 0.00
0.06 C
N
5 0.07
0.08 0.00 0.20
0.22
6 0.01 0.31 0.00 2.98 3.52
NOTES:
Existing Node 1 is north of Node
1 for both proposed conditions. Node 2 in proposed grading area only.
ftls = foot per second
Exhibit 5-2: Spring (King) Tide with Stream Baseflows - Alternative 1
D.
Node Average
1 0.21
Xximum
1.42
Minimum
0.09
Average
2.20
Maximum
6.78
2 0.53
1.97
0.45
2.36
6.42
3 1.10
2.83
0.00
0.90
3.80
4 0.03
0.13
3.06
3.37
5.19
5 0.01
0.26
0.00
0.00
0.31
6 0.03
0.69
1.06
1.51
3.30
NOTES:
Existing Node 1 is north of Node 1 for both proposed conditions.
ftls = foot per second
27.4
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and Hydraulic Modeling Report
a�
a�
Exhibit 5-3: Spring (King) Tide with Stream Baseflows - Low (Tidal) Flow Alternative 4 a
DepthVelocity (ft1s)
Inundation 21
r-
Node Average Maximum Minimum Average Maximum (Acres)
0
1 0.24 1.50 0.09 2.21 6.78 0
m
2 0.58 1.99 0.44 2.34 6.31 -
3
0.20
1.26
0.00
0.93
3.77
4
0.03
0.14
2.72
3.13
30.1
5.15
5
0.01
0.22
0.00
0.00
0.28
6
0.02
0.40
0.85
1.28
3.28
NOTES:
Existing Node 1 existing is north of Node 1 for both proposed conditions.
ftls = foot per second
Exhibit 5-4: 100-Year Flow Existing Conditions
k-00 Velocity (ft/s) MMF-
D.
1F
Node Average Maximum Minimum
1 0.00 0.00
2.51
Average
7.62
Maximum
13.19
2
3 0.07 0.33
0.00
1.84
4.26
4 0.00 0.15
0.00
0.08
1.24
5 0.06 0.66
0.00
0.18
1.24
6 0.02 0.53
0.00
3.53
4.87
NOTES:
Existing Node 1 is north of Node 1 for both proposed conditions. Node 2 in proposed grading area only.
ftls = foot per second
26.6
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REVISED Expanded Marsh Concept Design
and Hydraulic Modeling Report
Exhibit 5-5: 100-Year Flow Alternative 1
1 0.23 1.57 0.08 2.20 6.78
2 0.53 2.01 0.42 2.38 6.43
3
0.65
2.27
0.06
1.16
4.13
4
0.05
0.90
2.93
3.26
29.3
5.19
5
0.04
1.70
0.00
0.01
0.42
6
0.05
1.20
1.06
1.60
3.44
NOTES:
Existing Node 1 is north of Node 1 for both proposed conditions.
ftls = foot per second
Exhibit 5-6: 100-Year Flow Alternative 4
D.
..
Ok- Maximum
1 0.23 1.56
LinimumML
0.08
Average
2.20
Maximum
6.78
2 0.60 2.08
0.38
2.33
6.33
3 0.17 1.05
0.00
1.09
4.12
4 0.06 0.96
2.62
3.06
5.18
5 0.03 1.72
0.00
0.01
0.41
6 0.05 1.20
1.02
1.43
3.44
NOTES:
Existing Node 1 is north of Node 1 for both proposed conditions.
ftls = foot per second
Initial Daylight Alternative hydraulic modeling results show both Alternatives 1 and 4
perform similarly for hydraulic stormwater conveyance and flood conditions with no
measurable differences between Alternative 1 and 4, and results are summarize for both.
Hydraulic conditions for fish habitat and fish passage are described further in Section 6. A
summary of key observations from the Initial Alternatives hydraulic modeling include:
■ The daylight channel Project will have flooding along SR-104 at the north end of
Shellabarger (Stella's) Marsh toward the Dayton Street intersection.
■ SR-104 is not overtopped for the flood conditions analyzed at the 72-inch pipe arch
culvert crossings.
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Expanded Marsh Concept Design
and Hydraulic Modeling Report
Flood overtopping of the Harbor Square berm and the BNSF Railway along the northern
and western edges of Edmonds Marsh did not occur. However, modeled flood water
surfaces show near overtopping of the BNSF Railway and the Harbor Square berm
elevation.
■ The new daylight channel will have increased conveyance to drain stormwater inflows
from Shellabarger Creek, Willow Creek, Harbor Square, and the WSDOT SR-104
manhole overflow compared to existing conditions on each tidal exchange.
■ The daylight channel has velocities predicted higher than 2 feet per second (ft/s) at the
Marina Beach Park area, which, if deep enough, could pose public safety risks.
5.4.2 Results for Modified Daylight Alternatives 5, 6, and 7
Hydraulic model simulations were computed for the Modified Daylight Alternatives 5, 6,
and 7 using the combination of hydrologic inflows and tidal boundary conditions described
above in Section 5.3.2. WSELs, depth, and velocities were calculated and output from the
model at the same seven output nodes as previous models.
We present detailed descriptions and hydraulic modeling figure outputs for each of the
Alternative 5, 6, and 7 in the following sections of the report. The following section
describes the modeling results for Alternatives 5, 6, and 7 and the various tidal/flood
scenarios. Comparison figures of existing to proposed conditions for depth and velocity for
each of the Alternatives 5, 6, and 7 are referenced in their respective results sections below
(Figures 28 through 45). Exhibits 5-7 through 5-14 present depth and velocity hydraulic
modeling numerical results and Figures 46 through 59, show existing and proposed Project
velocity and depth conditions at each of the following modeling nodes.
1. Downstream tidal boundary
2. Upstream of BNSF bridge
3. Center of daylight channel
4. Upstream end of daylight channel
5. Center of marsh
6. Willow Creek, downstream of the hatchery
7. Shellabarger Creek, downstream of the culvert crossing SR 104
The following are a few key findings for the Modified Daylight Alternative hydraulic
modeling results:
■ Alternative 5 — Daylight Channel with sinuosity, low -flow habitat channel, and LWD,
no flood berms/floodwall and no tide gate/floodgate.
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Expanded Marsh Concept Design
and Hydraulic Modeling Report
- Alternative 5 provides beneficial increases in marsh inundation and connectivity.
The low -flow habitat channel and LWD complexes increased hydraulic roughness
and flow depths and reduced channel velocities, providing improved and suitable
habitat for fish.
- Alternative 5 without flood berms/floodwalls and without tide gate/floodgate
increase King tide and storm surge tide condition flooding along the BNSF Railway,
Harbor Square, and SR-104 and Dayton Street intersection.
- Alternative 5 is not a viable alternative as the Daylight Project, without flood
protection measures, would increase and exacerbate flood conditions for extreme
tide events and future SLR scenarios.
■ Alternative 6 - Daylight Channel with meanders, low -flow habitat channel, and LWD,
flood berms/floodwall and no tide gate/floodgate.
- Alternative 6 provides beneficial increases in marsh inundation and connectivity
similar to Alternatives 5 and 7. The low -flow habitat channel and LWD complexes
increased hydraulic roughness and flow depths and reduced channel velocities,
providing improved and suitable habitat for fish.
- Alternative 6 with flood berms/floodwalls and without tide gate/floodgate decreases
King tide and storm surge tide flood conditions along the BNSF Railway, Harbor
Square, and SR-104 and Dayton Street intersection.
- Alternative 6 is a viable alternative for the Daylight Project by providing flood
protection measures thereby improving and reducing flood risks for extreme tide
events and future SLR scenarios.
■ Alternative 7 - Daylight Channel with meanders, low -flow habitat channel, and LWD,
select flood berms/floodwall along SR-104 and tide gate/floodgate.
- Alternative 7 provides beneficial increases in marsh inundation and connectivity
similar to Alternatives 5 and 6. The low -flow habitat channel and LWD complexes
increased hydraulic roughness and flow depths and reduced channel velocities,
providing improved and suitable habitat for fish. The drawback for the tide
gate/flood gate is that the gates close at higher tide conditions and limit connectivity
and fish passage into the marsh during higher and extreme tide events.
- Alternative 7 with select flood berms/floodwalls and with tide gate/floodgate
increases King tide and storm surge tide condition flooding along the BNSF Railway,
Harbor Square, and SR-104 and Dayton Street intersection. The increase in flooding
over existing conditions is that the tide gates allow tidewater into the marsh up to
elevation 10 feet and current operations allow the tide gate to close on the incoming
tide at a much lower level, thereby providing more flood storage in the marsh.
- Alternative 7 for the Daylight Project has the self-regulating tide gate which does not
provide adequate flood storage in the marsh and has impacts for fish habitat
connectivity during higher and extreme tide conditions.
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Expanded Marsh Concept Design
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5.4.2.1 Alternative 5 - Meandering Daylight Channel, Connection West of the
Stormwater Pond, Moderate Riparian Buffer, Complex Low -Flow Fish Habitat
Channel with Large Woody Debris (LWD), No Flood Berms, Floodwalls, or
Tide Gates/Floodgates
Spring (King) Tide with Late Spring Habitat Flows and SLR (Figures 28A, 28B, 29A, and
29B) - Alternative 5 shows increases in marsh inundation footprint. The additional
inundation areas would provide benefit to fish habitat. We note that overtopping of the
BNSF Railway property that lies lower than the tracks occurs to the north along the Harbor
Square area. Depths in the main tidal channel downstream are as much as 6 feet, with the
maximum depths in the marsh about 3.5 feet. Maximum velocities in the marsh are low and
in the Daylight channel range from 2 ft/s up to more than 5 ft/s at the Marina Beach Park
daylight outlet on the ebb tide. Peak velocities appear to occur when flow depths on the
Daylight outlet are low, thereby not indicating a public safety issue. Peak velocities in the
Daylight channel upstream are on the flood and ebb tides. King tides with SLR of 2 feet
cause flooding of Dayton Street, Harbor Square, the BNSF Railway, and areas to the north
with the new Dayton Street pump station without the presence of a floodwall or flood berm
along the BNSF Railway and SR-104 areas. For inundation areas, depths, velocities, and
habitat conditions, neither Alternatives 5, 6, or 7 are substantially different between the
three alternatives for hydraulic performance conditions. This section provides the detailed
habitat benefit description for Spring Tide with Late Spring Habitat Flows hydraulic
conditions results for all the Alternatives 5, 6 and 7.
Spring (King) Tide with SAIC 1% AEP (100-Year) Flood and SLR (Figures 30A, 30B, 31A,
and 31B) - Alternative 5 shows flooding similar to existing conditions as a result of King
tides with a 100-year flood event. Velocity conditions are similar to the spring tide event
described above. Without a floodwall or flood berm along the BNSF Railway and SR-104,
the King tide with 100-year flood event and SLR would increase flooding of the Dayton
Street/SR-104 intersection, Harbor Square, and the BNSF Railway, which is an unacceptable
outcome for this alternative. Additional floodwalls or flood berms are needed to prevent
Daylight channel flood increases with future SLR. Alternative 5 would cause extreme tide
flooding of adjacent infrastructure and property, as a result of the Daylight Project.
Storm Surge with SAIC 1% AEP (100-Year) Flood and SLR (Figures 32A, 32B, 33A, and
33B) - Alternative 5 shows flooding similar, and slightly greater than, existing conditions as
a result of storm surge tides with a 100-year flood event. Velocity conditions are similar to
the spring tide event described above. Without a floodwall or flood berm along the BNSF
Railway and SR-104, the storm surge tide with 100-year flood event and SLR would increase
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Expanded Marsh Concept Design
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flooding of the Dayton Street/SR-104 intersection, Harbor Square, and the BNSF Railway,
which is an unacceptable outcome for this alternative. Additional floodwalls or flood berms
are needed to prevent Daylight channel flood increases with future SLR.
5.4.2.2 Alternative 6 - Meandering Daylight Channel, Connection West of the
Stormwater Pond, Moderate Riparian Buffer, Complex Low -Flow Fish Habitat
Channel with Large Woody Debris (LWD), with Flood Berms/Floodwalls, No
Tide Gates/Floodgates
Spring (King) Tide with Late Spring Habitat Flows and SLR (Figures 34A, 34B, 35A, and
35B) - Alternative 6 shows increases in marsh inundation footprint. For inundation areas,
depths, velocities, and habitat conditions, neither Alternatives 5, 6, or 7 are substantially
different between the three alternatives for hydraulic performance conditions. Refer to
Alternative 5 Spring Tide with Late Spring Habitat Flows for more detailed information on
hydraulic conditions results.
Spring (King) Tide with SAIC 1% AEP (100-Year) Flood and SLR (Figures 36A, 36B, 37A,
and 37B) - Alternative 6 shows substantially reduced flooding compared to existing
conditions as a result of King tides with a 100-year flood event as a result of installing a
flood berm/floodwall along the BNSF Railway, Harbor Square, and SR-104 areas. The
portion of flooding that occurs near the SR-104 and Dayton Street intersection is from the
Dayton Street stormwater inflows, which now and in the future will be accommodated by
the City's new stormwater pump station planned for construction in 2019. Velocity
conditions are similar to the spring tide event described above. The flood berm/floodwall
structures also provide protection from SLR tidal flooding and show substantial reductions
in flooded areas along the BNSF Railway, Harbor Square, and SR-104 compared to
Alternative 5 in (Figure 34A vs. Figure 31A) discussed above. Again, the residual flooding
in Dayton Street and Harbor Square is from Dayton Street stormwater inflows that will be
handled by the new pump station.
Storm Surge with SAIC 1% AEP (100-Year) Flood and SLR (Figures 38A, 38B, 39A, and
39B) - Alternative 6 shows substantially reduced flooding compared to existing conditions
as a result of storm surge tides with a 100-year flood event as a result of installing a flood
berm/floodwall along the BNSF Railway, Harbor Square, and SR-104 areas. The hydraulic
modeling results for storm surge condition are similar to the flood improvements for
current and future SLR conditions from storm surge tide conditions with a 100-year flood
event described in the previous paragraph.
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Expanded Marsh Concept Design
and Hydraulic Modeling Report
5.4.2.3 Alternative 7 - Meandering Daylight Channel, Connection West of the
Stormwater Pond, Moderate Riparian Buffer, Complex Low -Flow Fish Habitat
Channel with Large Wood Debris (LWD), with Select Flood Berms Along
SR-104 and With Tide Gate/Floodgate
Spring (King) Tide with Late Spring Habitat Flows and SLR (Figures 40A, 40B, 41A, and
41B) - Alternative 7 shows increases in marsh inundation footprint. The floodgate would be
completely open during spring tide conditions for fish habitat purposes. For inundation
areas, depths, velocities, and habitat conditions, neither Alternatives 5, 6, or 7 are
substantially different between the three alternatives for hydraulic performance conditions.
Refer to Alternative 5 Spring Tide with Late Spring Habitat Flows for more detailed
information on hydraulic conditions results. The primary difference with Alternative 7 is
that the tide gate is closed at higher water levels, thereby causing a fish passage barrier in
these conditions.
Spring (King) Tide with SAIC 1% AEP (100-Year) Flood and SLR (Figures 42A, 42B, 43A,
and 43B) - Alternative 7 shows the floodgate closing at elevation 10 feet (NAVD88) with
moderate improvements in reducing flooding compared to existing conditions for King
tides with a 100-year flood event. Less flooding occurs along the SR-104 flood berm, but
minor flooding does occur along the BNSF Railway leading to the Harbor Square area on
the west side of the marsh. Velocity conditions are similar to the spring tide event described
above. The floodgate with select flood berms along SR-104 provide reductions in flooding
from SLR tidal flooding along SR-104 with some flooding occurring along the BNSF Railway
leading to the Harbor Square area on the west side of the marsh. The residual flooding in
Dayton Street and Harbor Square is from Dayton Street stormwater inflows that will be
handled by the new pump station.
Storm Surge with SAIC 1% AEP (100-Year) Flood and SLR (Figures 44A, 44B, 45A, and
45B) - Alternative 7 shows substantially reduced flooding compared to existing conditions
for storm surge tides with a 100-year flood event as a result of installing a flood
berm/floodwall along the BNSF Railway, Harbor Square, and SR-104 areas. The hydraulic
modeling results for storm surge condition are similar to the flood improvements for
current and future SLR conditions from storm surge tide conditions with a 100-year flood
event described in the previous paragraph.
We note that the Alternative 7 floodgate performance is problematic when considering the
alternative flood hydrology described by Anchor QEA (2015) with a 12-hour stormwater
flood peak and extended falling limb hydrograph. This type of hydrograph increases
overall flow volumes filling the storage areas and causes flooding along the BNSF Railway,
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REVISED Expanded Marsh Concept Design
and Hydraulic Modeling Report
Harbor Square, and SR-104. The flooding from this hydrology scenario is similar to existing
conditions flooding and thereby negates the intended benefit of the floodgate.
Exhibit 5-7: Low (Tidal) Flow Existing Conditions
Velocity (ft/s) Depth (ft) Maximum
Inundation
Node Average Maximum Minimum Average Maximum (Acres)
1 0.01 0.07 0.00 1.86 6.32
2
3 0.23 1.29 0.00 0.97 1.50
13.4
4 0.00 0.00 0.00 0.00 0.00
5 0.00 0.00 0.00 0.00 0.00
6 0.98 1.29 0.00 0.00 0.00
NOTES:
Node 2 in proposed grading area only.
fUs = foot per second
Exhibit 5-8: Low (Tidal) Flow Alternative 5
Velocity (ft/s)
D.
Node Average Maximum
1 1.59 5.63
Minimum
0.00
Average
2.15
Maximum
6.62
2 0.60 1.20
1.17
2.63
6.07
3 0.50 1.97
0.00
1.88
3.35
4 0.06 0.31
0.18
2.07
3.55
5 0.00 0.01
0.24
2.07
3.57
6 0.02 0.92
0.00
1.52
3.14
Exhibit 5-9: Low (Tidal) Flow Alternative 6
1
0.96
5.97
0.00
2.09
6.62
2
0.59
1.19
1.17
2.63
6.07
3
0.49
1.95
0.00
1.88
3.35
4
0.06
0.32
0.70
2.58
4.07
5
0.00
0.02
0.27
2.10
3.60
6
0.03
1.07
0.00
1.57
3.20
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Exhibit 5-10: Low (Tidal) Flow Alternative 7
8.1.b
Willow Creek Daylight Project
REVISED Expanded Marsh Concept Design
and Hydraulic Modeling Report
1
1.08
5.90
0.00
2.06
6.62
2
0.59
1.15
1.17
2.64
6.09
3
0.50
1.84
0.00
1.90
3.32
4
0.06
0.34
0.55
2.45
3.89
5
0.00
0.02
0.26
2.11
3.55
6
0.03
1.08
0.00
1.61
2.98
21.5
Exhibit 5-11: 100-Year Flow Existing Conditions
(ft/s)
DepthVelocity
Node Average Maximum Minimum
1 0.01 0.07
0.00
Average
1.99
Inundal
Maximum (Acre,
6.52
2
3 0.30 1.37
0.00
1.51
3.72
35.9
4 0.00 0.11
0.00
0.05
0.87
5 0.08 0.42
0.00
0.05
0.41
6 0.83 0.94 0.00 4.42 4.65
NOTE:
Node 2 in proposed grading area only.
Exhibit 5-12: 100-Year Flow Alternative 5
DepthVelocity (ft/s)
Node Average Maximum Minimum Average Maxim:
1 1.87 6.58 0.00 2.11 6.62
2 0.62 1.44 1.18 2.76 6.10
3 0.53 1.93 0.00 2.15 4.33
37.3
4 0.11 0.81 0.39 2.71 4.90
5 0.01 0.06 0.17 2.40 4.57
6 0.04 0.20 0.00 1.81 3.97
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REVISED Expanded Marsh Concept Design
and Hydraulic Modeling Report
Exhibit 5-13: 100-Year Flow Alternative 6
1 1.60
2 0.67
7.23 0.00 2.16 6.62
1.56 1.18 2.76 6.10
3
0.53
1.94
0.00
2.15
4.37
4
0.10
0.74
0.59
2.91
31.7
5.14
5
0.00
0.03
0.15
2.36
4.59
6
0.07
0.33
0.00
1.47
3.70
Exhibit 5-14: 100-Year Flow Alternative 7
Average Maximum Minimum Averai,
1 1.93 6.69 0.00 2.07
2 0.68 1.53 1.18 2.76
6.62
6.11
3 0.53 1.81 0.00 2.17 4.35
31.6
4 0.10 0.73 0.53 2.87 5.07
5 0.00 0.04 0.18 2.40 4.59
6 0.05 0.23 0.00 1.91 4.10
s
t
6 FISH HABITAT
s
Paul Schlenger (formerly Confluence Environmental now with Environmental Science
s
Associates) is a Puget Sound shoreline fish habitat expert that reviewed and provided input i
on the Initial and Modified Daylight Alternatives. His findings and recommendations are
summarized in the following sections of the report. u
c
6.1 Fish Habitat Conditions for Initial Daylight Alternatives 1 and 4
0
This evaluation of the fish habitat conditions provided by the alternatives being considered c
for the Willow Creek Daylighting Project focused on conditions for juvenile Chinook
salmon who are listed in the Endangered Species Act as threatened and are a focus of
recovery efforts throughout Puget Sound. Adult Chinook will not spawn in a stream
system such as the Willow Creek and Shellabarger Creek complex because they require
larger streams and rivers (e.g., Snohomish River). However, juvenile Chinook salmon have £
been documented to outmigrate from their natal rivers and use the estuaries, marshes, and
e
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Expanded Marsh Concept Design
and Hydraulic Modeling Report
lower stream areas in smaller streams like those provided in Edmonds Marsh (Beamer and
others, 2003; Beamer 2006; Hirschi and others, 2003). Juvenile Chinook move along the
shoreline of Puget Sound and would potentially use the Edmonds Marsh during the spring
and when they are of sizes typically between 2.5 and 4 inches (approximately 60 to 90
millimeters). The habitat conditions that are favorable for juvenile Chinook are similar to
those of other juvenile salmon species (e.g., Coho); therefore, this evaluation can be
considered indicative of benefits to juvenile salmon.
■ The potential fish habitat conditions provided by the proposed alternatives were
evaluated through consideration of four components:
- Accessibility - ability for juvenile salmon to move into an area based on water
velocity and depth
- Instream habitat - quality and quantity of suitable aquatic habitats to support
juvenile salmon rearing
- Riparian habitat - quality and quantity of upland habitats adjacent to the instream
habitats
- Water and sediment quality - condition of basic water quality parameters and
contaminants, as well as sediment contaminant chemistry
Accessibility
As noted above, the juvenile Chinook salmon that the restoration is targeting will access the
marsh by moving into the daylighted Willow Creek channel from Puget Sound. Their
ability to move into the restored habitats is dependent upon their swimming abilities and
habitat preferences for water depth, which are both influenced by their body size.
Fish passage requirements are less clear in tidal areas compared to freshwater streams
(Washington Department of Fish and Wildlife [WDFW] Water Crossing Design Guidelines
(Barnard and others, 2013). The law requires that fish passage is provided at manmade
barriers, such as water crossings (Revised Code of Washington (State) 77.57.030), but it is
not clear how efficiently or continuous over time that passage needs to be provided
(Barnard and others, 2013). In the case of the Willow Creek Daylight, the Project will
remove a significant barrier that was installed by the Port of Edmonds when they rerouted
the stream in the 1950s.
Questions then remain regarding the Daylight channel design and the future velocity,
depth, cover, and temperature conditions. The complication of fish passage in tidal
environments is that access to or through intertidal habitats is naturally intermittent because
of tidal processes. In tidal environments, the exchange of water into and out of coastal
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Expanded Marsh Concept Design
and Hydraulic Modeling Report
marshes, lagoons, and embayments can naturally have periods of time when depths are too
shallow and velocities are too fast.
Design guidelines or evaluation guidelines for providing suitable conditions for fish access
have not been fully developed for tidal environments such as the Willow Creek Daylighting
Project or for fish the size of the juvenile Chinook salmon entering from Puget Sound.
Although not strictly applicable in tidal settings like the Willow Creek Daylight channel, the
criteria established in the Washington Administrative Code (WAC) 220-110-070 for culverts
in freshwater provides a basis of comparison for the anticipated fish passage conditions for
the proposed alternatives. The data and fish passage criteria in the WAC closest to the
expected juvenile Chinook, between 2.5 and 4 inches, that will enter the Daylight Channel
are 6-inch trout. Given the larger size of the trout, they will have greater swim abilities than
the smaller juvenile Chinook and can therefore be expected to be able to swim against faster
water velocities than juvenile Chinook. For 6-inch adult trout, the WAC establishes a
minimum depth of 0.8 foot and a minimum hydraulic drop (step) of 0.8 foot. The maximum
velocity criteria are based on fish navigating various culvert lengths listed below.
■ For culverts less than 100 feet in length, the maximum velocity is 4.0 ft/s,
■ For culverts 100 to 200 feet long, the maximum velocity is 3.0 ft/s, and
■ For culverts longer than 200 feet, the maximum velocity is 2.0 ft/s.
Barnard and others (2013) provides additional guidance on velocities in culverts related to
juvenile salmon size. Barnard and others (2013) references a previous WDFW report on fish
passage through culverts that recommended design criteria for juvenile salmon greater than
2.4 inches (60mm) to be 1.3 ft/s (Powers and Bates, 1997). This is approximately the size that
juvenile Chinook potentially entering the restoration site will be. The Powers and Bates
(1997) velocity is a recommendation that is not a codified design requirement. Barnard and
others (2013) also notes that the Muckleshoot Indian Tribe reports, based on a review of ten
references, that the maximum velocity for juvenile salmon passage through culverts was
found to be 1.0 ft/s with a range of 0.5 to 2.0 ft/s.
The fact that these criteria were established for freshwater culverts is a significant difference
from the proposed daylighted channel and marsh, because there are design elements for
habitat complexity that can change generally uniform velocity conditions into a series of
pools and riffles providing variable velocity conditions. The habitat complexity elements of
the design will further benefit fish passage conditions with respect to fish accessibility,
velocity, and depth criteria.
For this evaluation, hydraulic modeling output presented in Section 5.4.1 was analyzed for
fish accessibility conditions of Alternative 1 (straight channel) and Alternative 4
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(sinuous/meandering channel). Fish passage conditions were evaluated assuming typical
spring freshwater flows from the two creeks (0.8 cfs baseflows) entering Edmonds Marsh
and the observed tidal exchange over a 14-day period. Depth and velocity outputs were
analyzed at Node 2 in the downstream end of the daylighted channel (just upstream from
bridge under railroad). For spring tide and stream flow conditions, the maximum water
velocities flowing out of the daylighted channel were about 2 ft/s for Alternative 1 and
Alternative 4. In both alternatives, the minimum depths were predicted to be 0.4 foot and
water depths were predicted to be less than 0.8 foot about 30% of the time.
Analyzing the depth and velocity guidelines to the model outputs for Alternative 1, during
spring tide habitat conditions, we estimate fish accessibility 60% of the time where water
depths will be greater than 0.8 foot and ebb velocities less than 1.0 ft/s. Performing the same
analysis for Alternative 4 meandering channel, we estimate fish accessibility only 45% of the
time. In this most conservative evaluation of fish passage conditions, Alternative 1 provides
better fish accessibility for small fish such as juvenile Chinook salmon more frequently than
Alternative 4.
A similar difference between alternatives is predicted when evaluating velocities less than
1.3 ft/s and water depths greater than 0.8 foot. Alternative 1 is predicted to meet the
velocity criteria 68% of the time whereas Alternative 4 is predicted to meet the velocity
criteria 54% of the time. The difference between the alternatives is greatly reduced when
running the analysis with thresholds of 2.0 ft/s velocities and 0.8-foot water depths.
Alternative 1 is predicted to provide those conditions during 70% of the time whereas
Alternative 4 is predicted to do so 68% of the time.
Exhibit 6-1: Percent Time Providing Suitable Fish Passage Conditions Met for Flood/Ebb Tides
Depth >0.8 ft, Velocity <1.0 ft/s
60%
45%
Depth >0.8 ft, Velocity <1.3 ft/s 68% 54%
Depth >0.8 ft, Velocity <2.0 ft/s 70% 68%
A portion of the time not meeting the criteria described above is during the incoming (flood)
tide. We assumed that fish passage is provided at all times during a rising tide and when
water depths exceed 0.8 foot and velocities are less than 1.0 ft/s, then Alternative 1 is
predicted to provide suitable conditions during 67% of the time and Alternative 4 during
57% of the time.
Overall, during typical spring conditions, Alternative 1 is predicted to provide fish access
during more of the time than Alternative 4. As noted earlier, both alternatives provide the
opportunity to incorporate into the design instream features (e.g., large wood) that will slow
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velocities and improve passage conditions. The sinuosity of Alternative 4 provides more
opportunities for such design features; therefore, it is expected that the fish passage
conditions provided by either alternative will be nearly equivalent, especially considering
Modified Daylight Alternatives that have increased channel complexity that will address
low -flow depths and high -velocity conditions.
6.1.2 Instream Habitat
The quantity and quality of aquatic habitat will affect the likelihood of juvenile Chinook
salmon entering the Edmonds Marsh system and potentially remaining in the system
during multiple tidal cycles. The depth and velocity conditions are some of the parameters
affecting the quantity and quality of habitat. These parameters were already summarized
above and provide suitable conditions for juvenile Chinook salmon throughout much of the
tidal cycle; therefore, this evaluation of habitat quantity and quality focuses on other aspects
of instream habitat. At this early design stage of alternative development, indicators of
habitat quantity are more developed than indicators of habitat quality, which are design
features to be added in later design phases.
Habitat quantity can be interpreted based on the estimated channel lengths and inundated
areas provided by the different alternatives. As noted above, the juvenile Chinook salmon
that are expected to use Edmonds Marsh will originate in large rivers and move into the
marsh as they outmigrate along the Puget Sound shoreline. The most likely habitats to be
occupied by juvenile Chinook are in the entrance channel to the marsh. Since Alternative 1
is a straight channel and Alternative 4 is a sinuous channel, Alternative 4 would provide a
longer channel and increased quantity of usable fish habitat.
Both alternatives will provide access to the tidal marsh habitat provided by Edmonds
Marsh. Alternative 4 provides a larger inundation area due to the expanded wetland
restoration area at the upstream end of the entrance channel. The expanded restoration
occurs in the current stormwater pond on the south edge of the marsh and if incorporated
into the Project would provide approximately 2.7 acres more habitat than Alternative 1.
The quality of aquatic habitat in the entrance channel will be strongly influenced by design
elements (e.g., channel shape and size and large wood placement) that will be developed in
subsequent design phases. The sinuosity of Alternative 4 will allow for substantially greater
opportunities to create complex habitat that includes pools that will benefit juvenile
Chinook salmon. Juvenile Chinook are expected to use pools in the Daylight entrance
channel as lower -velocity areas where they do not expend as much energy, to prey upon
food delivered in water exiting the marsh, and to occupy during low -tide periods when
much of the marsh has drained. Alternative 1 can support some of the design elements
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described above but will provide less areas for these opportunity to provide complex habitat
for juvenile Chinook salmon.
6.1.3 Riparian Habitat
The establishment of a vegetated riparian corridor is a significant component of the Project
restoration to provide high -functioning rearing habitat for juvenile Chinook salmon. The
functions of a vegetated riparian corridor along the Daylight entrance channel will include
shading of the aquatic areas, input of terrestrial insects and organic matter contributing to
prey base, infiltration of stormwater runoff from surrounding areas, and providing a barrier
between the creek and surrounding areas that can reduce disturbances to fish.
Both alternatives provide beneficial improvements to the riparian corridor that will benefit
juvenile salmon. Both alternatives include a relatively wider riparian buffer along the south
and eastern margin of the Daylight entrance channel that will provide the benefits listed
above. Alternative 4 has a wider average buffer width of 135 feet compared to the
Alternative 1 average buffer width of 97 feet to the south. Alternative 4 has a substantially
wider north (western) average buffer width of 25 feet for compared with a zero -foot average
buffer width for Alternative 1. Alternative 4 provides increased quantity of riparian buffer
and continuity in the buffer on both sides of the Daylight channel.
6.1.4 Water and Sediment Quality
At the time of the review of Alternatives 1 and 4 configurations, water and sediment quality
sampling data were provided by Shannon & Wilson (2019) sampling events from December
2016, March 2017, and June 2017. Basic water quality parameters of fecal coliform,
temperature, and dissolved oxygen and metals from seven sampling stations distributed
around the marsh and contributing creeks. The initial data from these sampling events
allows for some preliminary interpretation of water quality conditions. Additional
sampling events from the full set of water and sediment quality sampling are described
further in Section 6.2.4 below.
The initial water quality data show favorable water quality conditions throughout the
marsh for all parameters with two exceptions: fecal coliform and dissolved oxygen. Fecal
coliform bacteria levels that exceeded water quality criteria at multiple stations during
multiple sampling events.
Dissolved oxygen concentrations were very low (<4 milligrams per liter [mg/L]) at the
station located near the Harbor Square outfall (WC-03) during both the December 2016 and
June 2017 sampling events. Dissolved oxygen concentrations also did not meet water
quality criteria at multiple stations in June 2017.
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Sediment quality sampling conducted by Shannon & Wilson in June 2017 provides data on
sediment chemistry at the same stations as were sampled for water quality. The data from
one station located near the Harbor Square outfall (WC-03) had concentrations of numerous
SVOCs that exceeded freshwater sediment standards. Also, at station WC-03, two
petroleum compounds were present in concentrations exceeding freshwater sediment
standards. The SVOCs and petroleum contaminants were also documented at other
sampling stations in the marsh and creeks. At stations located in Shellabarger Creek just
downstream of SR-104 (WC-04) and a central marsh location (WC-05), the concentration of a
subset of the SVOCs exceeded freshwater sediment standards. Multiple metals were
detected at the sampling stations, but only lead was reported in concentrations exceeding
freshwater sediment standards.
The sediment quality conditions have the potential to affect the prey base available to
juvenile Chinook salmon. This includes potential effects to the quantity of prey available
and bioaccumulation of contaminants in juvenile salmon.
The water and sediment quality conditions are the same for both alternatives. For the
proposed restoration of Edmonds Marsh to achieve its goals in providing productive
rearing habitat and forage base for juvenile Chinook, it will be necessary to address and
remediate contaminated sediments in the marsh in the area of WC-03. We recommend
continued data collection for water quality during storm events, especially first -flush
portions of storm events, to better understand contaminant inputs from the contributing
watersheds.
Summary of Fish Passage Evaluation — Alternatives 1 and 4
The daylighting of Willow Creek will provide juvenile Chinook and other fish species
unobstructed access into the Edmonds Marsh system for the first time in many decades. In
doing so, the proposed restoration will provide access and suitable habitat for juvenile
Chinook salmon to support their rearing and growth.
Of the two Initial Alternatives 1 and 4 evaluated, Alternative 4 would provide more and
better habitat conditions than Alternative 1. The sinuosity of Alternative 4 and expanded
riparian buffer and corridor would provide substantially better habitat than Alternative 1.
The difference in fish accessibility based on modeled future conditions is expected to be
neutralized through modifications to the Daylight Channel, including the placement of
instream LWD structures and a low -flow channel that will reduce velocities and increase
depths suitable for juvenile Chinook passage with increased frequency. Alternative 4
provides more areas for habitat complexity improvements preferred by juvenile Chinook.
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Fish Habitat Conditions for the Modified Daylight Alternatives 5, 6,
and 7
Evaluation of the fish habitat conditions provided by Alternatives 5, 6, and 7 for the Willow
Creek Daylighting expands on the analysis described in the previous section, evaluating the
similar characteristics of accessibility, instream habitat, water and sediment quality, and
flood conditions. Riparian habitat was not evaluated for these alternatives, as the riparian
areas and buffer widths do not vary significantly between Alternatives 5, 6, and 7.
Accessibility
We evaluated accessibility for Alternatives 5, 6, and 7 using the methods previously
described that consider velocity and depths for the juvenile Chinook salmon that will enter
the Daylight channel and marsh during their outmigration from the Puget Sound. The
following fish access observations are based on depth and velocity plots for each of the
seven nodes during late spring and late spring with SLR conditions (Figures 46 through 59).
Nodes 2, 3 and 4 represent conditions in the daylighted channel (entrance area) downstream
of the broader marsh area. Model outputs show that with existing sea levels, all three of the
Modified Alternatives 5, 6, and 7 provide sufficient water depths for juvenile Chinook
throughout the entire 14-day period evaluated. Similarly, velocities into and out of the
marsh are predicted to be less than 2 ft/s throughout the entire 14-day period. At node 2 just
upstream of the BNSF bridge, peak velocities are predicted to be less than 1.6 ft/s in
Alternatives 5 and 7 and even lower in Alternative 6. At node 3 near the midpoint of the
daylight channel and node 4 at the upstream end of the daylight channel, the highest water
velocities (between 1.3 and 1.8 ft/s, respectively) are during rising tides, which helps carry
juvenile salmon into the marsh.
The same analysis with SLR modeling results predicts that all three alternatives provide
sufficient water depths for juvenile Chinook throughout the entire 14-day period evaluated.
Water velocities are predicted to be higher than in existing condition scenarios. At node 2
just upstream of the BNSF bridge, for SLR increases, peak velocities increase up to as high as
2.4 ft/s for Alternative 5 and 2.1 ft/s in Alternative 6 and 7.
In Alternative 6, the peak velocities drop more quickly than in either of the other two
alternatives. At node 3 near the midpoint of the daylight channel, peak velocities are
predicted to remain below 2 ft/s and those times with the highest velocities are during rising
tides for which smaller fish would migrate with the tides into the marsh. Node 4 at the
upstream end of the daylight channel, has predicted peak velocities exceeding 2 ft/s during
brief periods associated with rising tides.
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For all three alternatives, nodes 5, 6, and 7 in the marsh and creek channels are predicted to
provide suitable depth and velocity conditions throughout the 14-day period. In this way,
once juvenile Chinook enter the main portion of the tidal marsh, they will be able to move
among its tidal channels.
Overall, all three alternatives are predicted to provide suitable depth and velocity
conditions for juvenile Chinook in Puget Sound to be able to move into the marsh system.
The brief periods in which outgoing velocities are predicted to exceed 2 ft/s are not that
different from the naturally intermittent suitable velocities in tidal channels. Further,
upcoming design refinements to include habitat complexity features such as pools and large
wood would create lower velocity areas within the channel.
Instream Habitat
The quantity and quality of aquatic habitat will affect the likelihood of juvenile Chinook
salmon entering the Edmonds Marsh system and potentially remaining in the system
throughout multiple tidal cycles. The depth and velocity conditions affect the quantity and
quality of habitat. These parameters, summarized above, indicate the Daylight channel will
provide suitable conditions for juvenile Chinook salmon throughout much of the tidal cycle;
therefore, this evaluation of habitat quantity and quality focuses on other aspects of
instream habitat.
The meandering channel of all three alternatives provides more habitat and better habitat
than a straighter alignment. The quality of aquatic habitat in the entrance channel will be
strongly influenced by design elements (e.g., channel shape and size and large wood
placement) that will be developed in subsequent design phases. The sinuosity of the
alternatives will allow for substantially greater opportunities to create complex habitat that
includes pools that will benefit juvenile Chinook salmon. Juvenile Chinook are expected to
use pools in the entrance channel as lower -velocity areas where they do not need to expend
as much energy, to prey upon food delivered in water exiting the marsh, and to occupy
during low tides when much of the marsh has drained. The habitat in the daylight channel
is especially important, because it is the first area encountered by juvenile Chinook entering
the system and will be used by fish who ultimately do not move all the way into the broader
marsh upstream of the channel.
Water and Sediment Quality
Water and sediment quality sampling results, for existing conditions in the marsh, were
augmented with data from the September 2017 sampling event. The data provide
information regarding basic water quality parameters, fecal coliform, and metals from seven
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sampling stations distributed around the marsh and contributing creeks. The data from
these sampling events allows for some preliminary interpretation of water quality
conditions.
The data show acceptable water quality conditions throughout the marsh for all parameters
with two exceptions: fecal coliform and dissolved oxygen. Fecal coliform bacteria levels
exceeded water quality criteria at multiple stations during multiple sampling events. In
each of the four sampling events, there was at least one station with fecal coliform bacteria
concentrations more than double the criteria and every station in the marsh exceeded the
criteria at least two out of the four sampling events. In three of the four sampling events,
the highest concentration was at a station (WC-02) in the creek channel near the existing
pipe outlet draining the marsh.
Dissolved oxygen concentrations also did not meet water quality criteria at any of the
stations in September 2017 and at multiple stations in June 2017. Dissolved oxygen
concentrations were very low (<4 mg/L) at the station located near the Harbor Square outfall
(WC-03) during the December, June, and September sampling events. In June and
September, these concentrations were especially low (2.4 to 2.5 mg/1), which would be
problematic for juvenile Chinook in that area. Factors contributing to the low dissolved
oxygen, especially at the Harbor Square outfall, may be required to restore the function of
the marsh as habitat for juvenile Chinook salmon. Increased tidal exchange resulting from
the Project Daylight and marsh restoration will improve dissolved oxygen conditions.
Sediment quality was previously discussed in Section 6.1.4, and the results and analysis did
not change with the September 2017 sampling event results.
Macroinvertebrate sampling was conducted in September 2017 at each of the water quality
sampling locations. The sampling laboratory results shows that the macroinvertebrate
community composition is indicative of a site affected by pollution. Of the seven sampling
locations, four were classified as "very poor' and the other three were classified as "poor"
in the Benthic-Index of Biological Integrity (B-IBI). These results indicate that the prey
community that would be available to juvenile Chinook salmon following restoration is not
highly productive. For the proposed restoration to achieve its goals in providing productive
rearing habitat and forage base for juvenile Chinook, it will be necessary to address the
water and sediment quality exceedances in the marsh through stormwater best
management practices, source control, and remediation of contaminated sediments.
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In this evaluation, fish access conditions were evaluated using depth and velocity outputs
from a 2D hydraulic model to characterize fish habitat during different scenarios based on
combinations of peak freshwater and saltwater conditions. The freshwater inputs used in
the scenarios included (1) the 1% AEP (100-year event) based on the City's stormwater
runoff model by SAIC and (2) the December 2007 (AnchorQEA) 1% AEP. The tidal inputs
used in the scenarios included spring (King) tides, tidal storm surge, and SLR.
Figures 24 through 45 show maximum inundation depths, inundation extents, and velocities
for each Alternative 5, 6, and 7. In all scenarios, these three alternatives have large portions
of the marsh providing suitable depths and velocities, thereby providing excellent spring
habitat and flood refugia habitat for juvenile Chinook and other salmonids. Since depth and
velocity conditions were similar across alternatives, the primary factor considered in this
analysis was the extent of inundation. Throughout the scenarios evaluated, Alternative 6
consistently provided less flooding of areas beyond the marsh boundaries (i.e., the
urbanized areas, including roads, parking lots, rail lines, and buildings) compared to
Alternatives 5 and 7. The lesser flooding of these urban areas for Alternative 6 is considered
favorable to juvenile Chinook, because it lessens the possibility of the fish moving into
flooded areas beyond the marsh habitats. Such movements would expose fish to the
possibility of getting stranded and increased exposure to chemical contaminants present in
the flooded areas (e.g., roads and parking lots).
Summary of Fish Habitat Evaluation
The daylighting of Willow Creek will provide juvenile Chinook and other fish species
unobstructed access into the Edmonds Marsh system for the first time in many decades. In
doing so, the proposed Daylight and marsh restoration will provide access and suitable
habitat for juvenile Chinook salmon to support their rearing and growth.
All three of the Alternatives 5, 6, and 7 evaluated will provide suitable depth and velocities
for juvenile Chinook to access the channel and tidal marsh habitats. The main
differentiation among the alternatives is the flooding extents. Alternative 6 is predicted to
result in less flooding of areas beyond the marsh and will therefore have a lower likelihood
of stranding and risk of exposure to chemical contaminants than Alternative 5 or 7.
The water and sediment quality sampling in the marsh indicates some impaired conditions.
Addressing the factors contributing to these conditions, including targeted sediment
remediation, is advised to reduce exposure and bioaccumulation risks to fish and more fully
realize the fish habitat benefits of the proposed restoration. For the proposed restoration to
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achieve its goals in providing productive rearing habitat and forage base for juvenile
Chinook, it will be necessary to address the sediment quality exceedances in the marsh
through remediation of contaminated materials and source control.
Another item to consider is the lower macroinvertebrate productivity levels in the current
daylight channel. Over time, it is expected that these population numbers and species
composition will adjust with new tidal exchange into the marsh. Recent trends in stream
restoration have included attempts to seed macroinvertebrates in streambed materials with
a goal to accelerate restoration and provide food sources in the daylight channel and marsh
immediately following Project implementation. We recommend consideration of
macroinvertebrate seeding as a potential restoration action in the final design phase of the
Project.
7 COST ESTIMATES
We prepared detailed engineering opinion of cost (cost estimates) for Alternatives 1, 4, 6,
and 7 (Tables 1 through 4). Quantity takeoff estimates for the Project were developed from
the grading plans, cross section and structure details, and dimensional takeoff quantities for
the Project features shown in Figures 3 through 10. The following are key assumptions,
results, and recommendations for the Project cost estimates:
A cost estimate for Alternative 5 was not developed. It is the same as Alternative 4 with
the differences between the alternatives being the performance of extreme tide condition
hydraulic modeling for Alternative 5 and comparison to other Alternatives 6 and 7 for
habitat and flood protection performance.
The unit prices used in the cost estimates were derived from other recent fish habitat
restoration projects, including Fisher Slough estuary restoration (2010 bids), Fir Island
Farm estuary restoration (2016 bids), RS Means Heavy Construction Cost Data (2017),
and WSDOT unit pricing bid tabs (2012). We adjusted the unit prices by providing a
10% escalation price adjustment to account for the eight years of data.
■ Taxes are 10.3% on construction price.
■ Bonding and insurance costs are 5% of construction.
■ Construction bid and change contingencies are set at 25% of construction.
■ Engineering and permit costs are estimated at 15% of the construction costs and are in
addition to the construction costs.
■ Construction administration is estimated at 10% of the construction costs and is in
addition to the construction costs.
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Costs for Marina Beach Park are for the Daylight Channel grading and restoration areas
only.
Daylight Channel excavation assumes 50% (contingency) of the material would be
contaminated above the site cleanup limit and would require off -site disposal. This is a
conservative estimate being moved forward until additional environmental testing
along the Daylight alignment is complete to confirm soil contamination conditions.
Disposal of clean and hazardous waste costs were developed from WSDOT bid prices
on local projects.
■ Daylight channel restoration assumes an HDPE liner is needed to protect from
contamination. This is a contingency that may be removed once environmental testing
for residual contamination that may remain below the Unocal -agreed cleanup levels.
■ The expanded restoration concepts in this report include earthwork volume
assumptions for disposal of the liner in the Unocal stormwater treatment pond and the
estimated 1 foot of sediment above it. Cost line items have also been added for the
removal and disposal of the liner, sediment, and pumps within the Unocal pond, and
decommissioning of five groundwater wells.
■ One acre of wetland impact and mitigation costs is included along the BNSF Railway for
Alternative 6A flood berm installation.
■ The costs for marsh sediment remediation based on recent sediment contamination
testing results and findings near the WC-03 monitoring site have not been included in
this estimate. Additional sampling around the area is needed to delineate the extents,
area, depth, and volume of contamination and remediation.
■ Cost estimates will need to be further adjusted during final design and at the time of bid
The current estimate is for the current year 2019. We recommend an annual 3%
escalation factor. If the Project is to be bid in 2021, then the Project cost estimates will
increase by 6% over this 2019 cost estimate. We recommend future budgetary planning
forecasts use these annual escalation factors in future grant applications and capital
improvement project funding requests.
Real estate costs are not included in the Project costs. If the City were to purchase
property, rights -of -way, or easements for the Project, these costs would be in addition
to the cost estimates presented in this report.
The Project cost estimates for Alternatives 1, 4, 6, and 7 are summarized in the exhibit
below. Project costs include construction costs, price escalation factors, taxes, bonding and
insurance, construction contingencies, engineering and permitting, and construction
administration. Real estate, rights -of -way, and easement costs are not included. The cost
estimates range from $9M for Alternative 1 to $16.6M for Alternative 6B - Daylight with
Floodwalls. We estimated costs for Alternative 6A (flood berms $13.6M) and 6B (floodwalls
$16.6M). Flood berms may be feasible but may be more difficult to permit as the flood
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berms will have increased wetland impacts. Depending on wetland permitting regulations,
Project funding sources, and BNSF Railway input, there may be Project regulatory and
landowner drivers that could dictate which of these structures is feasible and acceptable,
regardless of the Project costs.
8 CONCLUSIONS AND RECOMMENDATIONS
The expanded marsh alternatives and hydraulic modeling resulted in several new findings
and recommendations regarding the Project fish habitat benefits, flood risk reductions, cost
estimates, water and sediment quality conditions, and the Project design and construction
considerations.
In developing the alternatives, a straight Daylight Channel (Alternative 1) and
sinuous/meandering Daylight Channel (Alternatives 2, 3, and 4) were developed. Based on
feedback from the City and WSDOT Ferries, Alternatives 1 and 4 were analyzed using the
HEC-RAS2D model. At the time of this decision, WSDOT Ferries had/has plans for the
Edmonds Crossing Project, which influences the potential size and configuration of the
Daylight Channel. If the WSDOT Ferries Edmonds Crossing Project continues to move
forward, the Daylight Channel will be constrained between the BNSF Railway and the
WSDOT Ferries Edmonds Crossing projects and their infrastructure. If the WSDOT Ferries
project does not go forward, more space would be available for the Daylight Channel to the
areas south and east of the current proposed alignments. We note that the Daylight channel
grading can be modified in the future based on the plans of the Edmonds Crossing project.
In review of Alternatives 1 and 4, we initially found that Alternative 1 (straight daylight
channel) had more suitable conditions for fish accessibility (depth and velocity and period
of time) based on the results of the preliminary hydraulic model. The results of the initial
modeling analysis indicated that both Alternatives 1 and 4 had fairly frequent shallow
depths and higher velocities that exceeded juvenile fish criteria. Our habitat analysis
included evaluation of the quantity of stream lengths, channel pattern, riparian conditions,
and other factors, and found that a sinuous channel Alternative 4 would provide increased
restoration potential due to stream lengths and areas that could provide variability and
complexity. Alternative 4 was recommended for additional modified alternative hydraulic
modeling analysis. A finding of the initial modeling analysis was to increase complexity
and roughness along the Daylight channel to improve fish habitat conditions, as well as
further analysis of extreme tide events and SLR conditions.
Modified Alternatives 5, 6, and 7 were then developed with a low -flow habitat channel and
LWD structures to improve channel complexity and hydraulic roughness. The result was
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that depth and velocity criteria were met for nearly all flow conditions, and that these
alternatives provide for increases in fish habitat conditions of marsh inundation areas,
accessibility, and instream habitat for all three of the Modified Alternatives 5, 6, and 7.
The differences between Alternatives 5, 6, and 7 was the performance of the necessary flood
protection berms, floodwalls, and tide gate structures for both flood risk reduction and
habitat conditions. We found that without these flood control structures, Alternative 5
experienced increased flooding along the BNSF Railway, Harbor Square, SR-104, and
Dayton Street areas compared to existing conditions, which is an unacceptable outcome for
the project. Flood protection structures are needed for the Project. Our analysis of King
tides, storm surges, and SLR showed increased flooding for both Alternatives 5 and 7
compared to existing conditions, which is unacceptable and not allowed per environmental
and floodplain and drainage regulations. Habitat analyses showed that these Modified
Alternatives provide similar habitat functions, except for how often flooding occurs where
fish might encounter roads, parking areas, and railway areas as a result of flooding.
Alternative 6 outperformed the other alternatives for both habitat and flood risk criteria.
We recommend the City select Alternative 6 — Sinuous Tidal Channel with Flood
Berms/Floodwalls for final design, permitting and construction. Additional discussion is
needed regarding whether or not to use flood berms or floodwalls for Alternative 6, as the
floodwalls are more expensive, and the flood berms have larger environmental and wetland
impacts and potential mitigation requirements and costs. We understand that the City staff
and City Council are interested in expanding the Daylight channel and riparian buffer
footprint to the fullest extent possible. In this study, the Daylight Project footprint is
constrained by the assumption that WSDOT Ferries will use the site for the future Edmonds
Crossing. For grant applications to progress, WSDOT Ferries must sign a Memorandum of
Understanding with the City in order for additional funding to be provided. We
recommend proceeding with the limited footprint shown in this study for Alternative 6. If
the WSDOT Ferries site constraints are later removed, the Daylight Channel alignment can
be modified in final design. The one caution with expanding the Daylight Channel is that
costs will increase due to increases in excavation, fill, and potential treatment and disposal
quantities, as the risks for encountering residual contamination on the site increase with any
additional excavation.
Installation of the flood berm or floodwall along the BNSF Railway will necessitate close
coordination with the railway. Parts of these structures would lie within the BNSF Railway
ROW in order to tie to high ground. BNSF Railway will require right -of -occupancy and
construction general permits to make modifications and perform construction within the
railway ROW. The BNSF Railway will ultimately benefit from the Project through
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=III SHANNON &WILSON
REVISED
8.1.b
Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
reductions in flood risks and redesign of a segment of the railway along the western margin
of the Edmonds Marsh wetlands where rail maintenance operations currently impact the
marsh's wetlands.
One incidental finding from the study was that future SLR for year 2100 of about 2 feet rise
in sea levels could cause substantial flooding during King tides and storm surges of the Port
of Edmonds and City waterfront areas. The existing seawall does not appear to have
adequate heights to provide flood protection for these areas in the future. We recommend
the City begin study of retrofits for the seawall in response to climate change and current
projections of SLR.
Another finding as a part of this report and study includes finding SVOC and petroleum
contamination in the sediments near the Harbor Square stormwater outfall. The outfall is
owned and operated by the City, providing stormwater drainage from the Harbor Square
buildings and parking areas. Delineation and characterization of the contamination is
needed, with development and implementation of a site remediation plan. We recommend
the City contact the Washington State Department of Ecology regarding the finding of
contaminated sediments in the marsh near the City's Harbor Square stormwater outfall.
Other water and sediment quality monitoring indicates that there are fecal coliform
pollutants entering the marsh and Daylight Channels, periodic low dissolved oxygen
conditions, and other water quality exceedances. The sources of fecal coliform are currently
unknown. We recommend a microbial source tracking analysis to determine if the sources
are natural in origin, domestic pets, or human nature and to inform the best practices for
addressing the source pollution.
Another source of pollution to the marsh is along the Harbor Square and WSDOT's SR-104.
Water quality treatment measures in these areas need review by the City. The section of SR-
104 will be part of the Project for additional flood protection measures. The differences
between Alternatives 5, 6, and 7 was the performance of the necessary flood protection
berms, floodwalls, and tide gate structures for both flood risk reduction and habitat
conditions. Modifications to the SR-104 roadway may require adding water quality
treatment measures. The two existing 72-inch pipe arch culverts beneath SR-104 are in poor
condition and need to be replaced. They are not currently listed on WSDOT's fish passage
program, but this condition could change with the Daylighting and Edmonds Marsh
restoration Project. We recommend the City continue discussions with WSDOT roads staff
to evaluate options to improve fish passage and water quality along SR-104.
The Project cost estimates range between $13.5 and $16.6M. We have not included the
recommended sediment remediation costs, or real estate costs in the cost estimate. We
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0
REVISED
8.1.b
Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
recommend the City use these estimates for planning and grant application purposes. We
also recommend the City undertake design studies to refine the uncertainty and
contingencies in the cost estimate. This includes sediment contamination delineation and
remediation plan for the City's Harbor Square stormwater outfall. Another important step
will be gaining access to the site from WSDOT Ferries for environmental investigations
along Daylight excavation and grading areas. Design negotiations are also needed with the
BNSF Railway for flood protection berms or floodwall features. Similarly, WSDOT roads
design negotiations will need to continue regarding SR-104 flood protection, fish passage,
and water quality treatment needs.
LIMITATIONS
Shannon & Wilson prepared this report for the exclusive use of the City and their
representatives for specific application to the Willow Creek Daylight. Our judgments,
conclusions, and interpretations presented in the report should not be construed as a
warranty of existing site conditions or future estimated conditions. It is in no way
guaranteed that any regulatory agency will reach the same conclusions as Shannon &
Wilson.
Our assessment, conclusions, recommendations, etc., are based on the limitations of our
approved scope, schedule, and budget described in our contract dated November 1, 2016.
Stream and wetland systems function as a collection of integrated system components. It is
not practical or possible to completely know all of the geomorphic, hydrologic, and
hydraulic properties of a stream and wetland system. Consequently, uncertainty exists as to
actual stream and wetland behavior, performance, and function. Regular inspections of the
stream and storm drainage systems should be performed. Risks should be managed as
appropriate based on observed conditions, uncertainty, and potential consequences. If
conditions different from those described herein are encountered during later phases of
work on this Project, we should review our description of the stream and wetland
conditions and reconsider our conclusions and recommendations. Potential variation
includes, but is not limited to:
■ The conditions between and beyond study areas may be different.
■ The passage of time or intervening causes (natural and manmade) may result in changes
to site and stream conditions.
■ Changes in land uses in the watershed beyond the site area.
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=III SHANNON &WILSON
10
REVISED
8.1.b
Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
We have prepared our recommendations for daylight alignment selection considering the
information available at the time of this report. If additional information becomes available,
the recommendations presented herein may need to be revised. Shannon & Wilson should
be made aware of the revised or additional information so we can evaluate our
recommendations for applicability.
Shannon & Wilson has prepared the enclosed, "Important Information About Your
Geotechnical/ Environmental Report," to assist you and others in understanding the use and
limitations of our reports.
REFERENCES
Anchor QEA, LLC, 2013, Tidal marsh hydrodynamics report, Willow Creek daylight early
feasibility study: Report prepared by Anchor QEA, LLC, Seattle, Wash., Project
Number 120017-01.01, for Shannon & Wilson, Inc., Seattle, Wash., May.
Anchor QEA, LLC, 2015, Beach outlet and hydrodynamic evaluation report, Willow Creek
daylight final feasibility study: Report prepared by Anchor QEA, LLC, Seattle,
Wash., Project Number 140017-01.01, for Shannon & Wilson, Inc., Seattle, Wash.,
January.
Barnard, R. J., J. Johnson, P. Brooks, K. M. Bates, B. Heiner, J. P. Klavas, D.C. Ponder, P.D.
Smith, and P.D. Powers (2013), Water Crossings Design Guidelines, Washington
Department of Fish and Wildlife, Olympia, Washington.
httl2://wdfw.wa.gov/hab/ahg/culverts.htm.
Beamer, E.M., A. McBride, R. Henderson, and K. Wolf. 2003. The importance of non -natal
pocket estuaries in Skagit Bay to wild Chinook salmon: an emerging priority for
restoration. Skagit River System Cooperative, LaConner, WA.
Beamer, E.M., 2006, Habitat and Fish Use of Pocket Estuaries in the Whidbey Basin and
North Skagit County Bays, 2004 and 2005, for the Samish Nation.
Beamer, E.M., W.T. Zackey, D. Marks, D. Teel, D. Kuligowski, and R. Henderson. 2013
Juvenile Chinook salmon rearing in small non -natal streams draining into the
Whidbey Basin. Skagit River System Cooperative, LaConner, WA.
Hirschi, R., T. Doty, A. Keller, and T. Labbe. 2003. Juvenile salmonid use of tidal creek and
independent marsh environments in north Hood Canal: summary of first year
findings. Prepared by Port Gamble S'Klallam Tribe Natural Resources.
21-1-12588-050
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Packet Pg. 205
=III SHANNON &WILSON
REVISED
8.1.b
Willow Creek Daylight Project
Expanded Marsh Concept Design
and Hydraulic Modeling Report
Powers, P. D., and K. Bates, and others, 1997. Culvert hydraulics related to upstream
juvenile salmon passage. Washington Department of Fish and Wildlife, Land and
Restoration Services Program, Environmental Engineering Services.
SAIC, 2013, Final report, Dayton Street and SR 104 storm drainage alternatives study:
Report prepared by SAIC, Seattle, Wash., Project Number: 001712 1 26512110002
city, state, job number, for the City of Edmonds Stormwater Division, Edmonds,
Wash., July.
Shannon & Wilson, Inc., 2015, Draft Willow Creek Daylighting Final Feasibility Study:
Report prepared by Shannon & Wilson Inc., Seattle, Wash, Project Number 21-1-
12393, for the City of Edmonds, Edmonds, Wash, December.
Shannon & Wilson, Inc., 2019, Water Quality Sampling Results in Support of the Willow
Creek Daylighting / Edmonds Marsh Restoration, Project Number 21-1-12588-033,
for the City of Edmonds, Edmonds, Wash, March.
U.S. Army Corps of Engineers (USACE) Hydrologic Engineering Center, 2016a, HEC-RAS,
River analysis system, 2D modeling user's manual (v. 5.0): February, available:
http://www.hec.usace.army.mil/software/hec-ras/documentation/HEC-
RAS%205.0%202D%20Modeling%20Users%20Manual.pdf.
U.S. Army Corps of Engineers (USACE) Hydrologic Engineering Center, 2016b, River
analysis system, HEC-RAS (v. 5.0.3): available:
http://www.hec.usace.army.mil/software/hec-ras/.
U.S. Army Corps of Engineers (USACE) Hydrologic Engineering Center, 2018.
U.S. Army Corps of Engineers Hydrologic Engineering Center, 2016, River analysis system,
HEC-RAS (v. 5.0.3): available: http://www.hec.usace.army.mil/software/hec-ras/.
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1 8.1.c 1
E
LL
10
_ I
PROPOSED ELEVATED SEAWALL
PROPOSED SR-104
FLOOD PROTECTION BERM
/ f — LEGEND
� PROPOSED FLOOD
+ PROPOSED FLOOD PROTECTION PROPOSED FLOOD PROTECTION + PROTECTION STRUCTURE
+ � / WALL/BERM WALL/BERM I
PROPOSED DAYLIGHT
CONTOUR
WETLAND RESTORATION
NORTH BUFFER AVG. 10 FT RIPARIAN BUFFER
AREA = 0.12 ACRES
< —
` SNOHOMISH COUNTY GIS
PARCELS
f SOUTH BUFFER AVG. 110 FT � —
<' - r� AREA = 4.16 ACRES
STORMWATER POND / WETLAND \ I I
/ AREA: 1.31 ACRES \
DAYLIGHT STREAM I
- - WITH MEANDERING
FISH HABITAT CHANNEL
AND WETLAND BENCH PROPOSED TIDAL CHANNEL I
/ RETAINING WALL AND STREAM CONNECTION EXCAVATIONS
008 FT
LENGTH: 2,
/ AT TOE OF SLOPE
AREA: 2.74 ACRES �' \\
/ BNSF RAILWAY BRIDGE
WILLOW CREEK DAYLIGHT PROJECT i
NOTE EXPANDED MARSH CONCEPT DESIGN
Figure adapted from electronic files, AND HYDRAULIC MODELING
2004_Willow Cr Survey.dwg, EDMONDS, WASHINGTON
2008_Marsh_Survey.dwg, 20120049
TOPO.dwg and Basemap.dwg received ALTERNATIVE 6
08-04-2014. Also aerial.jpg received 0 250 500 C
08-11-2014. ALIGNMENT s
c
WSDOT Ferry preferred alternative location Scale in Feet June 2019 21-1-12588-050
is approximate. C111SHANNON6WILSONsFIG. 9
Packet Pg. 207
8.2
City Council Agenda Item
Meeting Date: 10/22/2019
Prosecuting Attorney Services Review and anlysis of responses to RFP for Prosecuting Attorney Services
Staff Lead: Jessica Neill Hoyson
Department: Human Resources
Preparer: Jessica Neill Neill Hoyson
Background/History
The City of Edmonds provides prosecution services for cases filed in the Edmonds Municipal Court
through a contract with Zachor & Thomas, Inc., P.S. Zachor & Thomas has provided prosecution services
since 1997. Their most recent contract originally expired in 2018 but was extended through 2019
pending a Request for Proposal process for prosecution services. The City received two responsive
proposals, one from the current contract prosecutor and a second from John L. Rodabaugh II, Attorney
at Law. A Screening Committee composed of the Chief of Police, three representatives from the City
Attorney's Office and MMB Consulting was tasked with reviewing the proposals and preparing a report
for the City Council.
Staff Recommendation
The Screening Committee recommends that the City Council take one of three actions:
Accept the recommendation of the Police Chief to renew the contract with Zachor & Thomas
for a term to be determined with input from the City Council and direct staff to draft a contract
pending final approval by the Council.
Conduct interviews with one or both firms before making a final selection.
Request additional information from the Screening Committee or from the two firms that
submitted proposals.
Narrative
A Request for Proposals (RFP) was issued in May 2019 with proposals due on June 14, 2019 (Attachment
A). The City received two proposals, one from Zachor & Thomas and another from John L. Rodabaugh II
(Attachments Band C). A Screening Committee was formed to review the proposals, conduct
interviews and develop a recommendation for the Mayor and City Council regarding the applicants'
ability to provide prosecution services for the City of Edmonds. The Committee consisted of Police Chief
Compaan, three representatives from the Lighthouse Law Group, the City's contracted legal counsel
(Patricia Taraday, Sharon Cates and Angela Tinker) and Marilynne Beard, MMB Consulting who was
engaged to facilitate the interview and selection process. The Committee conducted two in -person
interviews with representatives from the firms that submitted proposals and conducted follow-up
interviews by phone. Reference checks were conducted for both firms.
By way of background, Zachor & Thomas is based in Edmonds and has four active managers including H.
James Zachor, Jr., James M. Zachor, Yelena I. Stock and Chad W. Krepps as well as additional staff
attorneys and legal assistants.
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8.2
Mr. Rodabaugh is a sole practitioner. He provided contract prosecution services for the City of Fife,
Washington for 22 years until 2018 when the City transitioned to in-house counsel. He also provided
prosecution services for other cities over the last 25 years, including Marysville, Bonney Lake,
Snohomish, and Milton. Mr. Rodabaugh is based in Lynnwood and currently provides contracted
prosecution and public defense services for various Municipal Courts in the Puget Sound region.
The Screening Committee concluded that both firms are qualified to provide prosecution services for the
City of Edmonds. After much discussion, the Screening Committee offers the attached items for
discussion of both firms' proposed fees and strengths and challenges for the City Council to consider in
its choice for Edmonds' prosecuting attorneys.
Attachments:
Prosecuting Attorney RFP Analysis Staff Report (final)
Attachment A Prosecutor RFP - FINAL 5.9.19 (2)
Attachment B John Rodabaugh Proposal
Attachment C Zachor Thomas Proposal
Attachment D Rodabaugh back up attorneys
Attachment E Zachor Thomas - current contract Amendment No. 3 to PSA
Attachment F Rodabaugh scope of services response
Attachment G Zachor and Thomas - Amended Proposal 9.19.19 (1)
Attachment H ZT Edmonds Proposal Letter 2
Packet Pg. 209
8.2.a
COUNCIL AGENDA ITEM
Meeting Date: October 22, 2019
Prosecution Services Contract
Staff Lead: Jessica Neill Hoyson, Human Resources Director
Department: Human Resources
Preparer: Marilynne Beard, MMB Consulting
Background/History
The City of Edmonds provides prosecution services for cases filed in the Edmonds Municipal Court
through a contract with Zachor & Thomas, Inc., P.S. Zachor & Thomas has provided prosecution services
since 1997. Their most recent contract originally expired in 2018 but was extended through 2019
pending a Request for Proposal process for prosecution services. The City received two responsive
proposals, one from the current contract prosecutor and a second from John L. Rodabaugh II, Attorney
at Law. A Screening Committee composed of the Chief of Police, three representatives from the City
Attorney's Office and MMB Consulting was tasked with reviewing the proposals and preparing a report
for the City Council.
Staff Recommendation
The Screening Committee recommends that the City Council take one of three actions:
• Accept the recommendation of the Police Chief to renew the contract with Zachor & Thomas
for a term to be determined with input from the City Council and direct staff to draft a contract
pending final approval by the Council.
• Conduct interviews with one or both firms before making a final selection.
• Request additional information from the Screening Committee or from the two firms that
submitted proposals.
The Screening Committee considered following factors when evaluating firms to provide prosecution
services:
1. Experience of the firm
2. Capacity of the firm to provide services including back-up
3. Contract cost both in terms of base fees and the amount and predictability of hourly fees
4. The impacts of transitioning to a new firm versus the benefits of changing contractors
S. The working relationship between the prosecutor and the Edmonds Police Department.
Each of these factors is addressed in the following narrative which is intended to provide background for
the City Council to evaluate the recommendation.
Narrative
A Request for Proposals (RFP) was issued in May 2019 with proposals due on June 14, 2019 (Attachment
A). The City received two proposals, one from Zachor & Thomas and another from John L. Rodabaugh II
(Attachments Band C). A Screening Committee was formed to review the proposals, conduct
11Page
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8.2.a
interviews and develop a recommendation for the Mayor and City Council regarding the applicants'
ability to provide prosecution services for the City of Edmonds. The Committee consisted of Police Chief
Compaan, three representatives from the Lighthouse Law Group, the City's contracted legal counsel
(Patricia Taraday, Sharon Cates and Angela Tinker) and Marilynne Beard, MMB Consulting who was
engaged to facilitate the interview and selection process. The Committee conducted two in -person
interviews with representatives from the firms that submitted proposals and conducted follow-up
interviews by phone. Reference checks were conducted for both firms.
By way of background, Zachor & Thomas is based in Edmonds and has four active managers including H
James Zachor, Jr., James M. Zachor, Yelena I. Stock and Chad W. Krepps as well as additional staff
attorneys and legal assistants.
Mr. Rodabaugh is a sole practitioner. He provided contract prosecution services for the City of Fife,
Washington for 22 years until 2018 when the City transitioned to in-house counsel. He also provided
prosecution services for other cities over the last 25 years, including Marysville, Bonney Lake,
Snohomish, and Milton. Mr. Rodabaugh is based in Lynnwood and currently provides contracted
prosecution and public defense services for various Municipal Courts in the Puget Sound region.
The Screening Committee concluded that both firms are qualified to provide prosecution services for the
City of Edmonds. After much discussion, the Screening Committee offers the following discussion of
both firms' proposed fees and strengths and challenges for the City Council to consider in its choice for
Edmonds' prosecuting attorneys.
Experience and Caaacity
Zachor & Thomas has provided prosecution services for Edmonds since 1997 and serves as the
prosecutor for nine cities in the region. The firm is based in Edmonds and has multiple attorneys that
could provide prosecution services should the supervising attorneys be unavailable.
Yelena Stock, has 11 years' of experience as a prosecutor, including working as a prosecutor for the City
of Seattle. Ms. Stock previously worked for Zachor & Thomas and recently returned to the firm as a
partner. She will be one of the two supervising attorneys for Edmonds. Additional support will be
provided by James M. Zachor, who has 10 years' experience as a prosecutor. Mr. Zachor will be
responsible for managing case filing review, appeals and forfeitures. It should be noted that Mr. Zachor
has been involved in the development of the new Edmonds Community Court that is expected to be
implemented within the next three to six months.
References for Zachor & Thomas were positive overall; it was noted by some of their current clients that
past staff turnover at the firm resulted in a lack of continuity in assigned attorneys. This lack of
continuity was also experienced by the Edmonds Police Department and Municipal Court over the past
few years. The situation has since improved.
Understanding that continuity is important to the Police Department, the Screening Committee
requested that Zachor & Thomas designate one experienced attorney that would be the primary
prosecutor for Edmonds and requested Yelena Stock be assigned as primary prosecutor. Zachor &
Thomas responded by assuring the committee that they would assign both Ms. Stock and Mr. Zachor as
the supervising prosecutors for Edmonds. They did, however, reserve the right to assign other
prosecutors to Edmonds as business needs dictated.
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8.2.a
Mr. Rodabaugh has 25 years of experience as a prosecutor and as a public defender in Washington
municipal courts. He clearly understands Washington law and the Municipal Court environment. Mr.
Rodabaugh would not represent any other jurisdiction and would only serve as prosecutor for Edmonds
if selected. He is a sole practitioner with no partners or employees, however he does have agreements
with three other local attorneys to provide backup should he be unavailable. Mr. Rodabaugh's
references spoke to his depth of knowledge, his intelligence, work ethic, effecitive communication with
police officers, reliable preparation, and years of experience.
The Screening Committee requested that Mr. Rodabaugh provide the names of his back-up attorneys
and be willing to use an automated case management system (Attachment D). Mr. Griffin, the primary
back up, has ten years of criminal experience.
As noted earlier, both firms are qualified to provide prosecution services and both bring with them
strengths and potential challenges for Edmonds. The Screening Committee prepared a comparison of
the strengths and challenges of each firm based on the proposals received, the in -person and phone
interviews and reference checks.
Strengths of Zachor &Thomas
Strengths of John Rodabaugh
Zachor & Thomas is a known quantity. The
Mr. Rodabaugh has been a municipal
firm has been the City prosecutor for many
prosecutor for 25 years most recently for the
years and has historical knowledge of the City
City of Fife until they transitioned to an in -
and its needs.
house prosecutor. Mr. Rodabaugh has both
prosecution services as well as defense
services and so he is able to see cases from
both sides.
Zachor & Thomas has depth within its team
Mr. Rodabaugh's main back-up attorney, Chris
with four senior attorneys able to step in.
Griffin, has 10 years criminal law experience.
They have a seasoned domestic violence
His other second and third back-up attorneys
prosecutor and a seasoned DUI attorney.
have been members of the bar since 1997 and
Zachor & Thomas has back-up support for
earlier. Mr. Rodabaugh does not currently
both prosecutors and support staff. They also
employ administrative staff and believes he
have administrative staff which they rely upon
does not need extra staff to meet Edmonds'
heavily.
needs. He did agree to hire staff if needed.
Zachor & Thomas has been able to improve
Mr. Rodabaugh is willing to purchase Karpel
the firm's efficiency by implementing Karpel
software should the City request this of him.
software which automates case tracking and
file sharing.
Zachor & Thomas is a prosecutor for nine
Edmonds will be Mr. Rodabaugh's only client.
cities, including Edmonds. The firm has made
This brings with it both accountability and
efforts to address consistency concerns in
certainty, and availability for court scheduling
Edmonds Municipal Court by hiring Yelena
any day, any time.
Stock as a vested partner and assigning her as
one of two supervising attorneys for Edmonds
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8.2.a
Strengths of Zachor &Thomas
Strengths of John Rodabaugh
Zachor & Thomas designated Yelena Stock
Mr. Rodabaugh will be Edmonds'
and James M. Zachor as supervising
prosecuting attorney. The names of three
attorneys for Edmonds with alternate
alternate attorneys were provided that
prosecutors assigned as needed at the
could serve a back-up if Mr. Rodabaugh
firm's discretion.
was unavailable or had a conflict
A recommendation from Chief Tom Davis of
Mr. Rodabaugh received excellent
Lynnwood was favorable. Chief Davis said
recommendations from colleagues he has
Zachor & Thomas is very collaborative and are
worked with for over 20 years. The
excellent communicators.
recommendations included the following
statements: "hard worker"; "maintains
integrity'; "very intelligent"; "knows the
RCWs"; "an advocate of the police
department"; "good working relationship with
the Court and defense counsel."
Challenges for Zachor & Thomas
Challenges for John Rodabaugh
Staff had been concerned about consistency in
Mr. Rodabaugh has no long-term back-up. If
prosecutors assigned to the Edmond's Court.
something catastrophic happened to Mr.
The situation has been better more recently.
Rodabaugh, the contract would need to
While Zachor & Thomas will bring in Yelena
transfer to another firm. Mr. Rodabaugh does
Stock to serve as one of the two Supervising
have agreements with three alternate
Prosecutors for Edmonds they were unwilling
attorneys that he can call on for sick days and
to designate her as the assigned in -court
vacation or to assume all case work on an
prosecutor.
interim basis if he becomes unable to perform
prosecution services.
A primary difference between the two firms is the number of on -staff attorneys. Zachor & Thomas has
multiple attorneys on staff, serving nine cities, who they can call on to serve Edmonds. They have
experience with the Edmonds Municipal Court and could continue on without interruption. The
attorneys that will be working for Edmonds have fewer years of experience on an individual basis
compared to over twenty years of experience of Mr. Rodabaugh and two of three proposed back-up
attorneys. While the Screening Committee was satisfied with both firms' overall experience, the Police
Chief expressed some concern about the potential disruption of transitioning to a new firm.
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8.2.a
Cost
The cost of prosecution services became a differentiating factor between the two firms. Zachor &
Thomas's current (and proposed) contract includes a base monthly fee with additional hourly fees for
certain services (Attachment Q. Their current contract was increased in 2019 to a base fee of $286,440
based on changes at the Court. Over the past two years, Edmonds was charged $10,720 in hourly fees
in addition to the base fee, primarily for forfeitures. Forfeitures are offset by the recovery of cash and
property, however state law restricts the use of those proceeds to law enforcement purposes. It is
anticipated that hourly fees may increase given new requirements of the prosecutor (e.g. extreme
protection orders) and a higher number of appeals filed by defense counsel.
Zachor & Thomas' initial proposed base fee for 2020 was $237,600 per year plus additional hourly fees
for appeals and forfeitures and reimbursement of direct costs. They also requested an annual cost of
living adjustment of four percent, renegotiation of the base fee if caseload increases by more than 10%
from 2020 filings, and additional hourly fees for certain services (most of which are in the current
contract at different rates). The initial proposed base fee would result in savings from the 2019 budget
for prosecution services of $53,640 without considering additional hourly charges.
Mr. Rodabaugh's proposed fee was $240,000 per year inclusive of all prosecution services with
reimbursement of direct costs (estimated to be less than $5,000 per year and guaranteed not to exceed
$5,000/year) which represents annual savings from the current base contract fee of $46,440. Mr.
Rodabaugh's proposal did not include additional hourly fees for matters such as appeals as he believes
those types of services to be a basic level of prosecution work.
The Screening Committee requested that both firms clarify and itemize any charges that were not
included in the base fee with the goal of aligning proposals for comparison. The Committee specifically
asked Zachor & Thomas to include routine services in their base fee so that the City would have greater
certainty about the cost of prosecution services.
Both firms responded with more specifics. Mr. Rodabaugh's fee did not change; it was already an all-
inclusive fee prosecution services. However, he did clarify the services that were included in the fee.
He also requested a three percent cost of living adjustment beginning in the fourth year of the contract
(Attachment F). Zachor & Thomas provided a more inclusive proposal. This new proposal included
additional services up to a certain number of cases as part of their base fee as requested. They
increased their base fee from $237,600 to $255,000 per year. They also increased some of their hourly
rates and added more hourly services. Their proposal caps the number of cases included in the base fee
for certain services (e.g. appeals and forfeitures) based on their historic experience of the average
number of such cases. They do not anticipate hourly charges significantly higher than past years. They
did reduce the requested cost of living adjustment from four percent to three percent per year
beginning in 2021 (Attachment G)
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8.2.a
A comparison of the two firms' proposals is provided below.
Service/Contract Term
Zachor & Thomas
John Rodabaugh
Base Annual Fee
$255,000 plus reimbursement
$240,000 plus
of out-of-pocket expenses and
reimbursement of out -of -
hourly fees as detailed below
pocket expenses up to
$5,000 per year
Review police incident reports for
125 cases per year included in
Included plus provides
determination of charging
base fee with additional cases
written reasons for any
billed at $175 per case
decline to prosecute
(current contract is $150 per
case after 125 cases)
Maintain all current cases in an
Included using Karpel
Included with the addition
appropriate filing system
electronic file management
of an electronic file
system
management
Review and remain familiar with filed
Included
Included
criminal misdemeanor and gross
misdemeanor cases
Interview witnesses as necessary in
Included
Included
preparation of prosecution cases
Respond to discovery requests, make
Included
Included
sentencing recommendations and
prepare legal memoranda, when
necessary
Prepare cases for trial, including the
Included
Included
issuance of witness subpoenas (for
service by the Police Department,
when applicable), conduct evidence
retrieval (with the assistance of the
Police Department and other City
agencies), and prepare jury
instructions, as necessary
Represent the City at all
Included based on "currently
Included with additional
arraignments, pre-trial hearings,
scheduled court days as of
representation at bail
motion hearings, review hearings, in-
2019"
forfeiture hearings, special
custody hearings, and trials
hearings, motions to
vacate convictions and
concealed weapon license
denial
Prosecute contested code and traffic
Included
Included
infraction violations which are
scheduled on the regular criminal
calendar
6 1 P a g e
Packet Pg. 215
8.2.a
Service/Contract Term
Zachor & Thomas
John Rodabaugh
Be available to the Police Department
Included
Included
for questions at all reasonable times,
by providing appropriate telephone
numbers, cell phone numbers, email
addresses, and voice mail access.
Calls shall be returned as soon as
practicable
At a time and date to be mutually
Included
Included with
agreed upon by the parties, conduct
accommodation for
yearly training with the Police
conducting training as
Department
needed to accommodate
all shifts and minimize
overtime
Be available for meetings with police
Included
Included with
officers in Edmonds during normal
accommodation for
business hours, when the prosecutor
meetings outside of
is available
normal business hours
based on officers'
schedule
Consult with the City Attorney, as
Fee to be negotiated
Included
needed, regarding Edmonds City
Code amendments
Prosecute cases in both traditional
Included if Community Court
Included
court; and, if commencing during the
calendar replaces an existing
contract term, Community Court at
(2019) Edmonds Municipal
Swedish Hospital or other location
Court calendar, otherwise
billed at $300 per calendar
Participate in a Driving While License
Included as to participation in
Included
Suspended (DWLS)
the creation of the program;
diversion/relicensing program
once implemented the actual
calendar is not included.
Represent Edmonds in all RAU
First 4 appeals per year filed in
Included with ability to
appeals (appeals from courts of
Snohomish County Superior
assist the City Attorney
limited jurisdiction to superior court
Court included in base with
regarding actions brought
and to supreme court)
additional appeals billed at
in Federal Court regarding
$250 per hour (current
he Edmonds Police
contract includes no appeals
Department or Edmonds
in the base fee and are billed
Municipal Court
at $125 per hour); Appeals
filed in Court of Appeals/State
Supreme Court billed at $400
per hour (current contract
$150 per hour)
Provide Extreme Risk Protection
Billed at $125 per hour
Included
Orders
7 1 P a g e
Q
Packet Pg. 216
8.2.a
Service/Contract Term
Zachor & Thomas
John Rodabaugh
Represent the City in the
First eight cases included in
Included
prosecution of drug, felony and
base; billed at $350 per case
firearms forfeiture
in excess of eight cases per
year
Advise officers in writing and
Included
Included
orally on interpretation and
implementation of new laws
relating to criminal police
practice training for officers
Accommodate changes in the
Included upon 60 days prior
Included plus will include night
Municipal Court's calendar as
notice "Additional or added
court if needed
determined by the Municipal
calendars) or current
Court Judge including
calendars re -categorized to a
rescheduling or rearranging days
different type of calendar (e.g.
of the week and times, upon 30
changing a motion calendar to
days' notice to prosecutor, which
a second pretrial calendar) as
is anticipated will occur during
set for 2019, shall be billed at
the contract term
$750 per calendar." (under
current contract extra
calendars are billed at $125
per hour)
Ability to renegotiate base fee if
Ability to renegotiate base fee
Included
criminal case filings (not
if criminal case filings (not
infractions) increase or decrease
infractions) increase or
by over 10% from calendar year
decrease by over 20% from
2020
calendar year. It should be
noted that any one additional
calendar over 2019,
regardless of percentage of
any increase in filings, triggers
an extra $750 per calendar.
Contract Term Requested
Three years with option to
Three years with option to
renew
renew for an additional three
years
Cost of Living Adjustment
3% per year beginning in 2021
No increase for three years
and 3% COLA beginning in
year 4.
8 1 P a g e
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Packet Pg. 217
8.2.a
The following table estimates the possible annual costs for each proposal compared to the current
(2019) prosecution budget for the first year of the contract. Proposed cost of living adjustments for
Zachor & Thomas will increase the base cost in 2021 and 2022 by $7,650 and $7,880 respectively.
Zachor &
John
Thomas
Rodabaugh
2019 Approved Prosecution Budget
$
286,440
$
286,440
2020 Proposed Prosecution Base Fee
$
255,000
$
240,000
$
(31,440)
$
(46,440)
Amount Over/(Under) Approved Budget
2020 Total Estimated Prosecution Costs
-Base Fee
$
255,000
$
240,000
-Estimated Hourly Charges*
$
13,750
$
-
$
268,750
$
240,000
Total 2020 Estimated Prosecution Costs
$
(17,690)
$
(46,440)
Amount Over/(Under) Approved Budget
*Assumes 2 appeals above the 4 included in the base; 5 Forfeitures above the 8 included in the base; 6
additional calendars
Economic and Contract Considerations
In considering the proposal from Zachor & Thomas potential economic impacts and contracting
provisions should be evaluated. Some of the potential cost impacts to the City based on the Zachor &
Thomas proposal are as follows.
Zachor & Thomas' most recent proposal states it will represent the City at all arraignments, pretrial
hearings, etc., "on currently scheduled court days as of 2019" as part of the base price, and changes in
court schedule that are more than simply a re -arrangement of currently existing 2019 calendars are
outside the base fee. While Zachor & Thomas has verbally indicated that simple changes to the dates on
which a calendar occurs would not result in additional costs, the term "calendar" is not defined in the
proposal, and a final contract would need to define this term where potential costs increases are tied to
calendars.
The Zachor &Thomas proposal does shift some economic risk to Edmonds based on changes in the court
schedule if the change is more than simply a re -arrangement of currently existing 2019 calendars. The
addition of a Community Court that may take more time than simply replacing one existing probation
review calendar is also outside the base fee. These possible additional costs in the proposal as written
are $750 per calendar for changes to court schedule and $300 per calendar for Community Court.
There are currently nine pending RALJ appeals which are to be billed at $250/hour ($3,750 per appeal
estimating 15 hours per appeal.) Zachor and Thomas anticipates that they will process no more than 4
appeals per year, including newly filed appeals, and so it anticipates this cost will never be added to the
base. When these appeals are actually pursued by defense, however, it is out of their control.
9 1 P a g e
Packet Pg. 218
8.2.a
Also, participation of the establishment of a DWLS 3 diversion program is included by Zachor & Thomas
but once implemented the actual calendar is not included. It should be noted though that it is
anticipated that a DWLS 3 diversion program will result in a reduced number of pretrial hearings.
It should be noted that Zachor & Thomas has clarified verbally that their intent in drafting the proposal
with some items as billable hours, rather than in a base fee, was done in order to potentially reduce
costs to the City. The intent is to not bill the City for work that is not being done, which they feel would
occur with a more inclusive proposal and a larger base fee. Zachor & Thomas current contract with the
City has billable items and historically they have minimally billed the City for those items.
If the City Council does agree to renew Zachor & Thomas' contract, it may want to consider setting initial
term of the contract at one year with an option to renew for up to three years. This may provide some
time to evaluate the actual costs and performance of Zachor Thomas. It is further recommended that
the City maintain an ongoing dialogue with the firm to include monitoring of hourly charges and regular
reports to the contract manager to ensure that prosecution services are provided at a high level of
efficiency, professionalism and collaboration with all parties in the justice system.
Transition Considerations
Committee members had varying perspectives on the costs and benefits of transitioning from the
existing firm to a new firm. Edmond's Police Chief was satisfied with the response from Zachor Thomas
regarding both Ms. Stock and James M. Zachor acting as supervising attorneys in Edmonds. Both Ms.
Stock and James M. Zachor will be responsible for caseloads in Edmonds. Chief Compaan believes that a
potential transition has deeper implications than cost. In recent years, changes in the Municipal Court
Judge, the Court Administrator and the Public Defenders have resulted in more police officer overtime
and, at times, confusion and disruption for the department. He is concerned that another change in a
key player in the Edmond's justice system could cause greater costs and uncertainty. While the Chief
appreciates Mr. Rodabaugh's experience, he is concerned about the lack of back-up and administrative
support. For this reason, Chief Compaan recommends renewing the contract with Zachor & Thomas.
There is value in staying with a known quantity given that Zachor & Thomas has addressed past
continuity concerns by assigning two supervising attorneys to Edmonds. However, a decision to select
Zachor & Thomas includes the possibility of cost increases due to hourly charges in excess of those in
the base fee.
Relationship Between the Prosecutor and the Police Department
The relationships between the parties in the justice system are, by law, distinct and must remain free of
conflicts and influence. In order to function in the best interests of the community, the Court, the
prosecutor and defense counsel must be able to serve their functions independently of one another.
That said, they must all communicate effectively to ensure that the judicial system is operating
effectively. The relationship between the Police Department and the City's prosecutor is more direct
and critical to the work of a police department. The police department and the prosecutor must work
together to see that cases are handled properly from the time the police officer first interacts with a
potential defendant, through a judicial process that is fair and impartial, to the final resolution of a case.
Given the importance of that working relationship, the support of the Police Department in the choice
of a prosecutor should be considered as an important factor. While both Zachor & Thomas and Mr.
101 Page
Packet Pg. 219
8.2.a
Rodabaugh are more than qualified to serve as Edmond's prosecuting attorneys, Zachor & Thomas has
the support of the Police Chief.
111 Page
Packet Pg. 220
8.2.b
Attachment A
REQUEST FOR PROPOSAL
Notice is hereby given that proposals will be received by the City of Edmonds, Washington
for:
RFP #2019-HR01
Prosecution Services
By filing with the City Clerk's office (First Floor) at City Hall, 121 Fifth Avenue North,
Edmonds, WA 98020 by:
Date: June 14th, 2019
Time: 4:30 pm
Upon the City's discretion, proposals submitted after the due date and time may not be
considered. Proposers accept all risks of late delivery of mailed proposals regardless of
fault.
Detailed Request for Proposal (RFP) information including general information, requested
services, proposal requirements, and evaluation process is available from the City Clerk's
Office located at the above address or by calling (425) 775-2525. The RFP is also available
on the City's website at: http://www.edmondswa.gov/doing-business/bids-rfps-and-
rfgs.html
The City has complete discretion in the evaluation of the proposals. The City reserves the
right to reject any and all proposals and to evaluate proposals even when the information
provided is not complete. This RFP does not obligate the City to pay any costs incurred
by respondents in the preparation and submission of a proposal. Furthermore, the RFP
does not obligate the City to accept or contract for any expressed or implied services.
The City is an equal opportunity employer and requires all Proposers to comply with
policies and regulations concerning equal opportunity. The Proposer, in performance of
the Contract, agrees to not discriminate because of race, color, religion, creed, national
origin, ancestry, sex, pregnancy, marital status, sexual orientation, gender identity, gender,
age, disability -sensory, mental or physical, the use of a trained guide or service animal by
a person with a disability, honorably discharged veteran or military status, or other
protected status.
Dated this 13th day of May, 2019.
Packet Pg. 221
8.2.b
Attachment A
City of Edmonds
Request for Proposals for Prosecution Services
The City of Edmonds invites interested and well -qualified individual attorneys, law firms
and public agencies to submit written proposals to provide prosecution services for the City
of Edmonds.
Scope of Services:
The services that are the subject of this Request for Proposal (RFP) are the prosecution of
criminal misdemeanors and gross misdemeanors, civil and traffic infractions, criminal code
enforcement and animal control matters. Proposers may be individuals, law firms, or
public law offices. The contracted services are intended to begin on January 1, 2020.
The City is a strong mayor form of government. The City contracts with a law firm for the
provision of civil legal services. The City has its own police department, with
approximately 55 police officers. The City's municipal court is housed in the City's Public
Safety Complex located at 250 Fifth Avenue North, Edmonds, WA 98020. Court sessions
are held in a multi -purpose room. The courtroom also serves as the City Council Chambers
and is used for award ceremonies, training, various committee meetings and public
hearings.
According to the data provided by Washington Courts, in 2018, there were 145 DUI or
physical control cases filed, 328 other traffic misdemeanor cases filed, and 466 non -traffic
related misdemeanor cases filed. In addition, the prosecutor represented the City at 461
contested infraction hearings, wherein an attorney represented the offender.
The Edmonds Municipal Court is not a full-time court. Edmonds currently holds court five
days per week. Currently three days are half days, but that can change depending on case
load.
The City Prosecutor is responsible for all aspects of criminal prosecution for the City of
Edmonds. Duties include but are not limited to:
1. Makes filing decisions on criminal cases, with input from City police;
2. Advises City police on the conduct of investigations, search warrants, trial
preparation, seizures and related matters;
3. Interviews witness and victims of crimes and conducts all discovery;
4. Advises victims of theirs rights and responsibilities;
5. Communicates with victim's advocate;
6. Represents the City at arraignments, pretrial hearings, motions, bench and jury
trials, sentencing, and review hearings and appeals in connection with criminal
misdemeanor and gross misdemeanor cases;
7. Represents the City at contested traffic infraction hearings when offender is
represented by an attorney;
8. Represents the City at all in -custody hearings;
Packet Pg. 222
8.2.b
Attachment A
9. Makes appropriate sentencing recommendations to the court;
10. Prepares, presents and responds to legal motions, memoranda and briefs as
necessary in the routine prosecution of criminal cases;
11. Prepares subpoenas, jury instructions, and other trial related documents and
materials;
12. Provides legal research, training, and assistance to City police in criminal matters,
including statutory interpretation, enforcement issues, and cases decisions; and
creating and maintaining appropriate files;
13. Files and prosecutes criminal code enforcement matters;
14. Files and prosecutes animal control cases;
15. Provides annual reports to the City Council during regular business meetings;
16. Provides quarterly reports to the City detailing cases filed, charges associated with
the filings, status of cases, dispositions and sentences imposed;
17. Attends annual meetings with City staff, including but not limited to the City's
Human Resource Director, Police Chief and City Attorney; and
18. Provides input to the City on proposed policy when so requested;
Additional appearances may be necessary to handle arraignments or jury trials. The
Prosecutor shall be reasonably available for night and weekend contact by police personnel.
The City and Prosecutor will enter into a professional services agreement, which will
incorporate the above referenced scope of services and will address compensation. A
sample professional services agreement is attached as Attachment 1. Detailed information
indicating the volume and nature of the City's prosecutions can be found at
http://www.courts.wa.gov/caseload. (Edmonds Municipal Court data is listed under Court
Directory, Courts of Limited Jurisdiction, Snohomish County.)
Minimum Qualifications:
Any attorney proposed to provide prosecution services shall be licensed in the State of
Washington. Five or more years of legal experience is preferred for any attorney proposed
as the lead prosecutor. Experience in the prosecution of criminal and infraction matters is
highly desirable, including matters involving violations of municipal or county ordinances.
Compensation:
The City and any attorney selected for these services will enter into a professional services
contract, which will address compensation. Proposals are required to set forth the fees or
fee structure (e.g. hourly, monthly retainer, per -case fee) to be charged for proposed
services.
Selection Process:
The deadline for submitting a proposal to the City of Edmonds is June 15, 2019. All
proposals shall be reviewed and screened by a Selection Committee based upon the
qualifications and requirements outlined in this RFP. The Selection Committee may
include the Human Resources Director, Police Chief, City Council Members and other
Packet Pg. 223
8.2.b
Attachment A
designated city staff. Finalists will be invited for interviews during the week of July 8.
The Selection Committee then plans to make a recommendation to the City Council for
consideration at the City Council's Regular Business Meeting on August 6th. Should there
be a need to change this schedule, finalists selected to interview will be notified in advance
of these changes.
Instructions to Reply to this Request for Proposals:
To reply to this RFP, please submit five (5) copies of the following: (1) resume for each
attorney who may be part of prosecutor team; (2) cover letter and statement of
qualifications, which must include Washington State Bar Numbers for all attorneys
responding to this RFP; (3) three professional references with addresses and phone
numbers; and (4) answers to the questions below. All materials shall be submitted in one
packet and shall be mailed or hand -delivered to:
Mary Ann Hardie, Human Resources Director
Attention: Prosecution Services Proposal City of Edmonds
Address: Edmonds City Hall, 121 Fifth Avenue North, Third Floor,
Edmonds, WA 98020
Requested Information:
Proposers must answer the questions below. Proposers may also submit additional
information they would like considered.
1. For individual proposers, employment history since 2010. For firm proposers, legal
status of firm or predecessor firms since 2010, and areas in which the firm has
practiced over those years.
2. The proposer's professional qualification for providing prosecution services,
including for each attorney likely to provide services:
(a) Law School attended (including year of graduation), year of admission
to Washington State Bar, Bar Number, and years of practice. Must be
a member in good standing with the Washington State Bar Association.
(b) Years of experience providing prosecution services.
i. Describe relevant areas of knowledge and experience related
to municipal court prosecution.
ii. Describe experience with motions practice relevant to
prosecution services;
iii. Describe jury and bench trial experience.
3. The proposer's understanding of the type and level of services needed;
4. The proposer's intended approach to providing the services;
5. The proposer's experience with therapeutic courts and viewpoint concerning
therapeutic courts.
6. The proposer's experience with diversion programs and viewpoint concerning
diversion programs.
Packet Pg. 224
8.2.b
Attachment A
7. A statement of the proposer's understanding of the role of the Prosecutor, and
his/her relationship to the court, police department, victims, witnesses and
community;
8. The proposer's philosophy in prosecuting cases where the defendant is pro se;
9. All other clients represented by the proposer;
10. Affiliations or clients that could cause conflicts of interest regarding City matters,
if any;
11. Any pending litigation or judgment rendered against the attorneys proposed to
provide services that relate in any manner to the professional activities of the
attorney and/or the firm, including any pending complaints with the Washington
State Bar Association;
12. The proposed compensation structure for services rendered; and
13. Contact information for three professional references.
The City reserves the right to reject all proposals, to request additional information
concerning any proposal and to interview any proposer.
Packet Pg. 225
Attachment A
8.2.b
FR 1,IuIOUN191
PROFESSIONAL SERVICES
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into between the City of
Edmonds, a Washington municipal corporation (hereinafter referred to as the "City"), and the
(hereinafter referred to as the "Consultant").
WHEREAS, the City has established its municipal court under the provisions of Chapter
3.50 RCW and Edmonds City Code 2.15; and
WHEREAS, the City wishes to contract with a skilled firm with attorneys familiar with
the prosecution of criminal and infraction matters involving allegations of violation of municipal
ordinances; and
WHEREAS, the Consultant and its attorneys are licensed to practice law in the State of
Washington and have experience as prosecutors within the State of Washington;
NOW THEREFORE, in consideration of the mutual promises and benefits to be derived,
this Agreement is entered into on a date specified hereafter between the City and the Consultant,
subject to the terms and conditions set forth below:
1. Scope of work. The scope of work shall include all services and material
necessary to accomplish the above mentioned objectives in accordance with the Scope of Services
that is marked as Exhibit A, attached hereto and incorporated herein by this reference.
2. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work, and shall consist of the following:
2.1. Base Rate: The Prosecutor shall receive a monthly retainer of
DOLLARS( ) per month for performance of
those duties set forth in the Exhibit A Scope of Services.
2.2. Hourly Rate. Services performed outside the scope of services described in
Exhibit A, or which may be mutually agreed upon to be added at a later date,
shall be in addition to the base rate set forth in paragraph 2.1. Absent a separate
agreement, those services shall be billed at a rate of
DOLLARS ($ ) per hour. Any RAU case filed in Superior Court shall be
billed at the rate of DOLLARS ($) per hour.
Any other cases filed at the Court of Appeals; cases filed at the Supreme Court;
cases filed in the Snohomish County District Court; forfeiture cases filed in
courts other than the Edmonds Municipal Court, Lynnwood Municipal Court, or
heard in Mountlake Terrace, which require the appearance of the Prosecutor; and
such other activities agreed to by the City and the Prosecutor, shall be billed at
DOLLARS ($ ) per hour. The Consultant shall obtain written
approval from the City prior to pursuing appeal of any matter beyond the
Superior Court.
Packet Pg. 226
8.2.b
Attachment A
2.3 Fees Review. The schedule of fees provided for in paragraph 2.1 and 2.2 shall
apply for the contract period reflected in Article 4. Should the court substantially
alter the requirements of the Consultant, the Consultant shall provide notification
to the City. Changes in fees shall be proposed by the Consultant to the Mayor.
Any changes must be mutually agreed to by the Mayor and the Consultant, and
then must be approved by the Edmonds City Council. Upon acceptance by all
parties, the changes will be made a part of this Agreement.
2.4 Costs. The City shall be the sole obligor and shall pay all witness fees, expert
witness fees (including but not limited to Speed Measuring Device Experts), and
interpreters' fees determined to be necessary by the Consultant in the preparation
and disposition of its cases. The City shall approve all other anticipated fees,
before such expense is incurred. The City will not unreasonably delay in granting
approval of such expenses. The City further agrees to hold the Consultant harmless
from such expenses and costs as set forth hereinabove.
2.5 Assistant Prosecutors. The City contracts with the Consultant for a monthly fee
for prosecution services. Should the Consultant be absent, it shall be the
responsibility of the Consultant to provide substitute coverage with a properly
licensed State of Washington attorney, who has been previously approved by the
City through its Police Chief. In the event of a dispute regarding approval of any
individual, the Edmonds City Council shall be final arbiter. All individuals
providing services under this Agreement (including substitute attorneys) must
wear City -issued identification when in the Public Safety Building.
If a "Conflict Prosecutor" is required, such "Conflict Prosecutor" shall be approved by the City
through its Police Chief. In the event of a dispute regarding approval of any individual, the
Edmonds City Council shall be final arbiter. The Consultant is responsible for any costs associated
with the "Conflict Prosecutor."
Ownership and use of documents. All City files and other documents maintained by the
Consultant shall be the files of the City and accessible by the City through its City Attorney
or other duly authorized representative during normal business hours, subject to the
Washington State Bar Association Rules of Ethics. At the request of the City, any and all
files maintained by the Consultant shall be tendered to the City, subject to the terms and
conditions of this Agreement and the Washington State Bar Association Rules of Ethics.
All equipment and facilities furnished by the City shall remain the sole property of the City.
Any equipment, facilities and materials provided by the Consultant shall remain the sole
property of the Consultant.
4. Term of Contract. The term of this Agreement shall be from January 1, 2020
through December 31, 20 . Consultant shall perform the work authorized by this Agreement
promptly in accordance with the receipt of the required governmental approvals.
5. Hold harmless agreement. The Consultant shall indemnify and hold the City
and its officers and employees harmless from and shall process and defend at its own expense all
claims, demands, or suits at law or equity arising in whole or in part from the Consultant's
negligence or breach of any of its obligations under this Agreement; provided that nothing herein
shall require the Consultant to indemnify the City against and hold harmless the City from claims,
demands or suits based solely upon the conduct of the City, its agents, officers and employees; and
Packet Pg. 227
8.2.b
Attachment A
provided further that if the claims or suits are caused by or result from the concurrent negligence
o£ (a) the Consultant's agents or employees; and (b) the City, its agents, officers and employees,
this indemnity provision with respect to: (1) claims or suits based upon such negligence; and/or (2)
the costs to the City of defending such claims and suits shall be valid and enforceable only to the
extent of the Consultant's negligence or the negligence of the Consultant's agents or employees.
The Consultant shall comply with all applicable sections of the applicable Ethics
laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by
municipal officers. The Consultant specifically assumes potential liability for actions brought by
the Consultant's own employees against the City and, solely for the purpose of this indemnification
and defense, the Consultant specifically waives any immunity under the state industrial insurance
law, Title 51 RCW.
6. General and professional liability insurance. The Consultant shall procure and
maintain for the duration of the Agreement, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of the work
hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance
of insurance as required by this Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to
any remedy available at law or in equity.
Consultant shall obtain insurance of the types described below from insurers licensed to do business
in the State of Washington, and which have a current A.M. Best rating of not less than A:VII:
A. Worker's Compensation and employer's liability insurance as required by the Industrial
Insurance laws of the State of Washington.
B. Commercial General Liability and property damage insurance shall be written on Insurance
Services Office ("ISO") occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors and personal injury and advertising injury.
The City shall be named as an insured under the Consultant's Commercial General
Liability insurance policy with respect to the work performed for the City. Commercial
General Liability insurance shall be written with limits no less than one million dollars
($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate. C.
Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles. Coverage shall be written on ISO occurrence form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage. Automobile Liability coverage shall have a
minimum combined single limit for bodily injury and property damage of one million
dollars ($1,000,000) per accident.
D. Professional Liability insurance appropriate to the Consultant's profession. Professional
Liability insurance shall be written with limits no less than one million dollars ($1,000,000)
per claim and one million dollars ($1,000,000) policy aggregate limit.
The Consultant's Commercial General Liability and Automobile Liability insurance policies are to
contain, or be endorsed to contain, that they shall be primary insurance as respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of
the Consultant's insurance and shall not contribute with it. Excepting the Worker's Compensation
Insurance and Professional Liability Insurance secured by the Consultant, the City will be named
on all policies as an additional insured. The Consultant shall furnish the City with verification of
insurance in the form of original certificates and copies of any amendatory endorsements required
by the Agreement evidencing the insurance requirements before commencement of the work. The
Packet Pg. 228
8.2.b
Attachment A
City reserves the right to require complete, certified copies of all required insurance policies at any
time.
The Consultant shall provide the City with written notice of any policy cancellation within two (2)
business days of their receipt of such notice.
The Consultant's professional liability to the City shall be limited to the amount payable under this
Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere
in this Agreement. In no case shall the Consultant's professional liability to third parties be limited
in any way.
Failure on the part of the Consultant to maintain the insurance as required shall constitute a material
breach of contract, upon which the City may, after giving five (5) business days' notice to the
Consultant to correct the breach, immediate terminate this Agreement or, at its discretion, procure
or renew such insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to the City on demand, or at the sole discretion of the City, offset against
funds due the Consultant from the City.
7. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, creed, color, religion, national origin, age,
sex, marital status, sexual orientation, honorably discharged veteran or military status, liability for
service in the armed forces of the United States, disability, or the presence of any sensory, mental,
or physical disability, the use of a trained dog guide or service animal by a person with a disability,
or any other protected class status, unless based upon a bona fide occupational qualification.
8. Consultant is an independent contractor. The parties intend that an
independent contractor relationship will be created by this Agreement. No agent, employee or
representative of the Consultant shall be deemed to be an agent, employee or representative of the
City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractors during the performance of this Agreement.
9. City approval of work and relationships. Notwithstanding the Consultant's
status as an independent contractor, results of the work performed pursuant to this Agreement must
meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform
work for any party with respect to any property located within the City of Edmonds or for any
project subject to the administrative or quasi-judicial review of the City without written notification
to the City and the City's prior written consent.
10. Termination. The attorney/client relationship is personal and involves the ability
of the parties to communicate and maintain credibility. This is an agreement for legal services and
the City as client may terminate the Agreement for any reason upon sixty (60) days' notice. In the
event of termination, work in progress will be completed by Consultant if authorized by the City
under terms acceptable to both parties. If completion of work in progress is not authorized or
acceptable terms cannot be worked out, Consultant will submit all unfinished documents, reports,
or other material to City and Consultant will be entitled to receive payment for any and all
satisfactory work completed prior to the effective date of termination.
11. Integration. The entire agreement between the parties shall consist of this
document and the Scope of Services, attached hereto as Exhibit A. These writings constitute the
entire Agreement of the parties and shall not be amended except by a writing executed by both
parties. In the event of any conflict between this written Agreement and any provision of Exhibit
A, this Agreement shall control.
Packet Pg. 229
Attachment A
8.2.b
12. Changes/Additional Work. The City may engage Consultant to perform services
in addition to those listed in this Agreement, and Consultant will be entitled to additional
compensation for authorized additional services or materials as described in Section 2.2, above.
The City shall not be liable for additional compensation until and unless any and all additional work
and compensation is approved in advance in writing and signed by both parties to this Agreement.
If conditions are encountered which are not anticipated in the Scope of Services, the City
understands that a revision to the Scope of Services and fees may be required. Provided, however,
that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or
the City to pay for services rendered, in excess of the Scope of Services in Exhibit A unless or until
an amendment to this Agreement is approved in writing by both parties.
13. Standard of Care. Consultant represents that Consultant has the necessary
knowledge, skill and experience to perform services required by this Agreement. Consultant and
any persons employed by Consultant shall use their best efforts to perform the work in a
professional manner consistent with sound legal practices, in accordance with the schedules herein
and in accordance with the usual and customary professional care required for services of the type
described in the Scope of Services.
14. Non -waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
15. Non -assignable. The services to be provided by the Consultant shall not be
assigned or subcontracted without the express written consent of the City.
16. Covenant against contingent fees. The Consultant warrants that he/she/they/it
has not employed or retained any company or person, other than a bona fide employee working
solely for the Consultant, to solicit or secure this Agreement, and that he/she/they/it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award of making of this Agreement. For breach or violation
of this warranty, the City shall have the right to annul this Agreement without liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full amount
of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
17. Compliance with laws. The Consultant in the performance of this Agreement
shall comply with all applicable Federal, State or local laws and ordinances, including regulations
for licensing, certification and operation of facilities, programs and accreditation, and licensing of
individuals, and any other standards or criteria as described in the Agreement to assure quality of
services.
The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes
that may be or become due on account of this Agreement.
18. Notices. Notices to the City shall be sent to the following address:
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Packet Pg. 230
Attachment A
8.2.b
Notices to the Consultant shall be sent to the following address:
[Consultant Name]
[Address]
[City, State, Zip]
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the
U.S. mails, with proper postage and properly addressed.
DATED THIS day of
CITY OF EDMONDS
2019.
[CONSULTANT NAME]
By
David O. Earling, Mayor
Its
ATTEST/AUTHENTICATED :
Scott Passey, City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
STATE OF WASHINGTON
)ss
COUNTY OF
Packet Pg. 231
Attachment A
8.2.b
On this day of 2019, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared , to me known to be the person who
executed the foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said person, for the uses and purposes therein
mentioned, and on oath stated that he/she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above
written.
NOTARY PUBLIC
My commission expires:
Packet Pg. 232
Attachment A
8.2.b
Exhibit A
Scope of Services
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Packet Pg. 233
Attachment C
'J
Y
J
y
O
V
d
Prosecution Services ProposalCn
L
O
Q
City of Edmonds
N
O
L
Q_
Prepared by:
John L Rodabaugh II
3401166t" Street SW
Lynnwood, WA 98037
425-359-2105
Packet Pg. 234
Attachment C
8.2.c
John L, Rodabaughr 11
Attorney at Law
June 13, 2019
Dear Sir or Madame:
3401 16611 Street SW
Lynnwood, WA 98037
(425) 359-2105
John.Rodabaugh@Frontier.com
I am writing to submit my proposal to provide Prosecution Services for the City of Edinonds. I
have attached all the requested information in this packet. Additionally, at the end of the
proposal, I have provided a case load comparison between the Cities of Edmonds and Fife to
show that I have consistently been able to meet the work requirements created by the projected
caseloads of the Edmonds Municipal Court.
My relevant litigation experience is as follows:
I have spent the List 22 years as the contract City Prosecutor for the City of Fife. In that capacity
I have handled literally Lhousands of criminal nusdemeanor cases, jury trials, bench trials, motion
hearing, RALJ appeals, Asset Forfeiture matters, photo red light tickets and traffic infractions.
Over the 25 years I have practiced law in Washington, most of that time was spent serving one or
more municipality as a contract prosecutor. I have worked with the Cities of Fife, Marysville,
Snohomish, Milton, Bonney Lake and Black Diamond.
In addition I have worked in private practice representing individuals charged with offences
ranging from traffic matter, DUI, Assault, in District and Municipal Courts, have done a fair
amount of defense work in Superior Court regarding weapons offense, narcotics possession,
burglary, Vehicular Assault, Assault 1 and other crimnes. In private practice I have litigated many
Administrative hearings with the Department of Licensing, handled appeals of DOL rulings, and
litigated a criminal matter in the Washington Court of Appeals.
I have extensive background in training law enforcement officers, both at BLEA and at a reserve
academy where I taught Criminal Law, Evidence & Criminal Procedure, Constitutional Law, Use
of Force, Courtroom Etiquette and Procedure, along with Testimony Skills. I have studied
advanced law enforcement topics including Advanced Homnicide Investigation at BLEA, a class
taught by Robert Keppel.
I look forward to discussing my qualifications fiuther at an in person interview, tliank you for
your consideration.
Sinceldyr(:
t
1
:'c)u
LRodabaugh IIbrney at Law
Packet Pg. 235
Attachment C
8.2.c
1. Proposer's Employment History since 2010.
I have been self-employed since June 1996. 1 have always done business under the name of The
Law Offices of John L Rodabaugh II. 1 am licensed as a sole proprietor and have all necessary
state business licenses to conduct business in Washington. My business has been almost
exclusively the practice of Criminal Law, serving as the City Prosecutor for several Municipalities,
including; Snohomish, Marysville, Fife, Black Diamond, Milton and Bonney Lake. I also handle
criminal defense matters in all of the District and Municipal Courts of Snohomish, King, Skagit
and Whatcom County. I have also handled both Felony and Misdemeanor Defense cases in
Thurston, Chelan and Okanogan County. My firm has also handled many Administrative
hearings regarding Department of Licensing issues related to suspended licenses and DUI
penalties. In that regard I have experience in Administrative Appeals regarding DOL matter and
have litigated a criminal case in the Washington Court of Appeals (Division 1). 1 have also
handled several civil matters related to Protection and No Contact Orders and once helped a
criminal client with a Dissolution of Marriage.
2. Proposer's Professional Qualifications
(a). Law School and Bar Admission.
I attended Western Michigan University's Thomas M. Cooley Law School from May 1990 to
December 1992 and graduated as a member of the Joseph Hooker Class in January 1993 when I
was awarded the Degree of Juris Doctor, Cum Laude. While in law school I was on the Dean's
List, Honor Roll and served on the Thomas M. Cooley Law Review.
I took the Washington State Bar Exam in February 1993, and was formally admitted to the
Washington State Bar Association on June 17, 1993. 1 have been assigned Bar Number 22736.
And have now practiced law in Washington for just under 26 years. I was also admitted to the
Practice of Law in the United States District Court, Western District of Washington on November
15, 1994.
I am currently in good standing with the Washington State Bar Association and have never been
disciplined by the Bar Association related to my practice of law.
(b). Years of Experience providing prosecution services.
I have provided prosecution services to various municipalities for over 25 years.
During Law School I worked as a Law Clerk with limited admission to the Michigan State Bar to
practice as a Prosecutor under the Michigan equivalent of our Rule 9 program here in
Washington. I spent almost two years working as the Prosecutor for the Cities of Grand Ledge,
Eagle, Wacousta and Mullikan while employed by the Smith Brothers Law Office, P.S. in Grand
Ledge Michigan. I also spent a summer working with the Eaton County Prosecutor's Office in
Charlotte Michigan handling Misdemeanor prosecution including bench and jury trials while in
law school.
1
Packet Pg. 236
Attachment C
8.2.c
I began as a prosecutor in Washington handing municipal prosecution in April 1994 when I
began work with the firm of Keithly, Weed, and Graafstra, P.S. in the city of Snohomish. I was
assigned the duties of Prosecuting Attorney for the City of Marysville. In August of 1994 1 also
assumed the duties of Prosecuting Attorney for the City of Snohomish.
I left that firm in June of 1995 and opened my own practice, but the firm of Keithly, Weed and
Graafstra, P.S. subcontracted the municipal court prosecution services for Snohomish and
Marysville to my office for the next 15 years.
I became the sole Prosecuting Attorney for the City of Fife in May 1996 and continued in that
role until November 2018.
In the intervening years I also served as the Prosecuting Attorney for the City of Milton and the
City of Black Diamond for several years each.
I recently finished a short term prosecution contract with the City of Bonney Lake, assuming the
duties of Prosecuting Attorney while their regular prosecutor was on maternity leave.
(b)(i)(ii)(iii) Areas of Knowledge and Experience. John Rodabaugh
At this stage of my career, I can pretty safely say that I have done or seen it all regarding
municipal court prosecution.
I have handled easily over 75,000 misdemeanor cases from filing to resolution. I have done each
of the items listed in the RFP duties hundreds, if not thousands of times.
Specifically I have reviewed thousands of police reports to make filing decisions working closely
with various police officers and agencies to appropriately hold offenders accountable for their
actions and further the public safely and officer safety goals of the community.
I always worked closely with officers to assist in investigations, the preparation of search
warrants, trial preparation and communicated requirements for arrest and seizure.
I have handled several hundred Asset Forfeiture cases, and litigated them as necessary, resulting
the in the forfeiture of close to a million dollars of cash, automobiles, firearms, personal and real
property and hundreds of pounds of narcotics and related paraphernalia from
methamphetamine labs and marijuana grow operations.
I have worked closely with the City's Evidence personnel to maintain accurate and reliable
inventory control methods, and property disposal policies. I have personal expertise in the
forfeiture, disposition and destruction of items take as evidence, safe keeping, and items seized
as contraband by the police.
I have interviewed hundreds of witnesses, managed the handling of all related discovery
matters for criminal matters and civil infractions. Over the years I have worked with Victim's
Advocates to inform victims of crime of their rights and responsibilities, and have attended team
training twice regarding the interrelationship between police, victim advocate and prosecutor.
Packet Pg. 237
Attachment C
Thousands of times I have appeared at arraignments, pretrial, bench trials, jury trials, contested
civil infraction hearings, sentencing, probation reviews, and in custody release hearings. I have
made recommendations concerning sentencing, pretrial release conditions, probation
conditions and probation sanctions innumerable times.
I have routinely handled motions on behalf of the City and opposed motions of the Defense in
Municipal Court, including the researching and drafting of motions and briefs, and oral
argument.
I have handled all steps of trial preparation including subpoenas, jury instructions witness
preparation and the actual litigation of hundreds of Jury trials and perhaps over a thousand
bench trials, along with thousands of contested civil infraction hearings. In fact, during my time
as a City Prosecutor, I served as an Instructor at the Basic Law Enforcement Academy in Burien
teaching a class on court room procedure and testimonial skills to police cadets for several
years.
I have regularly conducted training for Law Enforcement Officers in Search and Seizure, Criminal
Procedure, Court Procedure, and legal updates. I taught Constitutional Law, Criminal Law,
Evidence, Criminal Procedure and Use of Force at a Reserve Police Officer Academy for 7 years.
I created a quick reference Ferrier Warnings card, related to consent of search that has been
used by the Fife Police Department for over 10 years.
I have experience in Code Enforcement issues including business licensing violations, public
nuisance, junk cars, excessive garbage and noise and odor violations. I worked closely with the
Code Enforcement Officers to force compliance with these very important public safety and
quality of life issues.
During my tenure as Prosecutor for Marysville, Snohomish and Fife, I drafted Animal Control
Ordinances including the licensing and determinations concerning dangerous dogs and animal
cruelty including the keeping of excessive companion animals. I have litigated hundreds of
dangerous dog and dangerous pet cases, once involving the keeping of an 8 foot alligator, to
protect the public from these threats and increase public safety. I have always maintained close
contact with the City Animal Control officer to be proactive in eliminating these threats and
further to gain intelligence concerning other criminal activity that is often closely related to
these types of violations.
I have prepared many reports documenting the actions of the Prosecuting Attorney functions,
attended regular City Council meetings, police staff meetings, and meetings of City Employees,
and worked closely with City Staff to implement effective criminal justice priorities and policies.
I have experience in dealing with City Police personnel issues including Internal Investigations,
and discipline including termination, and the determination of Brady declarations based on
Officer conduct.
Packet Pg. 238
Attachment C
8.2.c
(b)(i)(ii)(iii) Areas of Knowledge and Experience. Chris Griffen
I intend to perform 99.9% of all the functions of the City Prosecutor. I have worked with
another Attorney over the years, Chris L. Griffen, and have attached his resume.
Mr. Griffen, a 2008 Graduate of Thomas M. Cooley Law School, was admitted to the Washington
State Bar Association on June 6, 2009, license number 41488, interned in my office from 2008 to
2009 performing the duties of Assistant City Prosecutor. Mr. Griffen has also served as my
backup prosecutor to cover the rare times of illness or family emergency that prevents my
attendance in court. Mr. Griffen has also covered for me when I take vacation time, which
would be coordinated well in advance with the City. Mr. Griffen performed that role for me
since 2010, and has always done an admirable job. His practice is focused on Criminal Law and
he has served as the Swinomish Tribal Prosecuting Attorney for 3 years.
Mr. Griffen's role in the completion of this contract would be limited to coverage due to illness,
emergency or pre -arranged vacation, I would be performing all other duties.
3. Type and Level of Service needed.
I believe that the City of Edmonds needs and deserves the full time services of a dedicated,
experience prosecuting attorney. A person who is focused only on delivering high quality
professional services to accomplish the criminal justice goals of the City of Edmonds. That
person should be available regularly to all city staff, probation, court staff, victim's advocate,
and the Edmonds Police Department. The person handling the matters should not be distracted
by hiring and training less experienced attorneys to perform prosecution services, the City
should be assured that they will always be represented by a lawyer of their choice to handle the
matters in Edmonds Court.
4. Method of Service Provision
If selected, I intend to dedicate my entire working life to meeting the needs of the City of
Edmonds, I would not solicit or accept other clients. My practice would be limited to the needs
of one client.
I would have a regular schedule built around the Court's hearing schedule of dedicated office
hours to be available to City Staff, probation, victim's advocates and the Police. I would
schedule regular time periods to attend Police meetings and shift change briefings so I would
get to know and develop a working relationship with each officer and the command staff of the
Edmonds Police.
I would provide each officer with contact information to make myself readily available to
provide assistance during all hours and times to deal with emergent situations.
I would personally oversee the provision of all discovery and needed pleadings. I would have set
J. office hours to be available to Defense Attorneys, witnesses, victims and members of the public.
7
0
Packet Pg. 239
Attachment C
8.2.c
5. Experience with therapeutic courts
I have had limited experience with designated therapeutic courts. The main experience I have
had is as a defense attorney. I have represented individuals how have participated in Drug court
by way of the Drug Offender Sentencing Alternative, or DOSA. I have also had clients sentenced
in Superior Court with a First Offender Waiver, this alternative often has a treatment
component and other rehabilitative conditions to prevent recidivism. The municipal and district
courts often act as a therapeutic court in Alcohol offenses using the Deferred Prosecution
Statute, RCW 10.05 et. seq. I have extensive experience as both a prosecutor and defense
attorney dealing with deferred prosecution.
I believe that under well-defined circumstances, such as substance abuse or mental illness a
therapeutic approach to a criminal justice issue can provide a very good way to hold offenders
accountable, provide them with the tools that they need to deal with their ongoing issues and
minimize the risk of reoffending. These systems effectively address the underlying cause of
criminal conduct and help eliminate the stigma associated with the problems while providing
effective protection for the general public.
6. Experience with diversion programs
I have extensive experience using diversion programs, both formal and informal to hold
offenders accountable with the attachment of a criminal conviction. These types of programs
allow the offender to participate in some educational and/or rehabilitative activity, along with
use of community service to make amends to society at large, to minimize risks of reoffending.
My experience with these types of programs range from sending persons with civil infractions to
driver improvement classes, to first offenders for drug or alcohol possession to educational
classes, to include relatively minor domestic violence offenders an opportunity to seek DV
treatment to prevent conviction. I have as a prosecutor both done informal agreements,
monitored by my office, to more formal court supervised agreements that result in either the
reduction of or dismissal of charges. They are an effective use of court resources to allow
individuals an opportunity to prove their sincere desire to make amends and to rehabilitate
without burdening them with a lifelong criminal conviction following them.
7. Roles and Relationships of the Prosecutor
The primary role of a Prosecutor is as a minister of justice. In that role it imperative that a
Prosecutor act only on just charges in a fair and impartial manner free from bias and prejudice.
The Prosecutor must insure that everyone brought into the court system is treated fairly,
understands their Constitutional and Procedural Rights and is afforded the opportunity to have
their cause fairly decided. ,The Prosecutor must monitor the actions of both the court and
defense attorneys to ensure equal treatment and ensure due process.
5
Packet Pg. 240
Attachment C
The Prosecutor also has the role of Advocate for the people of the City and State, seeking justice
to equally enforce the law and to hold offenders accountable for their wrongful actions. This is
done by making charging decisions, negotiating plea agreements, and representing the
government at trial.
The Prosecutor's relationship to the Court is primarily that of the Government's Advocate. _
There is a secondary relationship to ensure that the Court is correctly following the law and is
exercising its powers appropriately. The Prosecutor, as a part of the Executive branch of
government, can act as a check and balance to prevent arbitrary application of the law by a
court.
The Prosecutor's relationship with the police is to work hand in glove in processing the
individuals contacted by the police as they enforce the laws. In this role, however, the
Prosecutor is also responsible to act as a check on the unfettered use of police power. A
Prosecutor must work with each officer and the command staff to ensure fair consistent
application of the law in an atmosphere that respects the individual rights of the citizens. The
Prosecutor is not merely a mouthpiece for police, but is an important check to work with law
enforcement to ensure public safety.
The Prosecutor's role with witnesses and victims is to make sure that their concerns are not lost
in the "criminal" justice system, that they too are afforded an opportunity to be heard and have
their valid concerns made known to the Court in handling sentencing and offender
accountability.
The role of the Prosecutor to the Community is to be the voice crying out in the wilderness
seeking justice and protection for those people affected by criminal activity in their midst and
ensure that the community is protected from those whom prey upon it in a fair transparent
manner.
The Pro Se Defendant poses special challenges for a Prosecutor.
First the Prosecutor must ensure that the Defendant is fully aware of their rights to an attorney,
that they understand the process to apply for assistance of a public defender, that they are
aware of the risks of self -representation and drawback of not having a law degree and working
knowledge of the Procedural, Evidentiary, and legal processes. The Prosecutor must voice those
concerns to ensure that the choice to continue Pro Se is done freely and voluntarily and is not
based on a misunderstanding or financial reason.
Once that first hurdle is met, and the Defendant is aware of the risks and drawbacks, and makes
that choice, the Prosecutor must ensure that a Pro Se Defendant is treated the same as if they
had a lawyer, that they are not given unequal treatment, and to make hold them to a the
accepted standards of conduct and accountability the same as if they had a lawyer. They should
receive neither extra leniency because they have no lawyer, nor should the process overly
penalize them for their choice.
Packet Pg. 241
Attachment C
8.2.c
9. Current clients.
I do not represent any institutional clients at this time. I am currently representing persons
charged with crimes in a variety of courts. None of my current clients have pending cases in the
Edmonds Municipal court, several past clients are on probation in the Edmonds court. If
selected for the contract, I will stop representing individuals, and either resolve my pending
matters or withdraw prior to beginning work for the City of Edmonds.
10. Conflicts of Interest
I have no current conflicts that would result in representing the City of Edmonds. If selected I
will withdraw from the matters where I have former clients on probation in Edmonds, I believe
that the be only two or three matters. If selected, Edmonds would be my only client so I don't
believe that any future conflicts could arise.
11. Pending litigation
I have no litigation pending against me. I have no pending matters regarding discipline with the
Washington State Bar Association.
12. Proposed Compensation.
I propose to provide all necessary Prosecution services, including all criminal matters, civil
infractions, trials and appeals for the flat monthly rate of $20,000 per month. This would
eliminate some need for City Staff time tracking the different services billed at differing rates
that are contained in the sample agreement.
I propose that the City also establish a budget line item to pay any taxable costs on appeal such
as filling fees and transcription fee, to a maximum of $5000. These items would be invoiced to
the City as they arise at the cost incurred by my firm, there would be no mark up or profit
incentive in these matters, any funds not expended on an annual basis would revert to the City
of Edmonds.
If there is a request to perform any legal work that the parties agree is outside the scope of the
prosecutors duties and responsibilities, I would perform that legal work at the rate of $150 per
hour, but do not anticipate that any work of this nature would be necessary.
My understanding of the City of Edmonds budget is that in Fiscal 2019 the City has allocated
approximately $310,000 for prosecution services. My proposal represents a 22.5% decrease in
spending for fiscal 2020 with increase services, accountability and a reduction in monitoring
required by City Staff.
FA
Packet Pg. 242
Attachment C
8.2.c
13. Professional References
Sally Jacobson, Fife Municipal Court Administrator
Fife Municipal Court
3737 Pacific Highway East
Fife WA 98424
253-922-6635
Honorable Kevin G. Ringus, Fife Municipal Judge
Fife Municipal Court
3737 Pacific Highway East
Fife, WA 98424
253-922-6635
Assistant Police Chief David Woods, Assistant Chief of Police
Fife Police Department
3737 Pacific Highway East
Fife, WA 97424
253-922-6633
253-732-2270
Cheryl Beyer, Senior Assistant City Attorney for Renton
13913 57th Place West
Edmonds, WA 98026
425-359-9897
Thomas J. Guilfoil, Contract Public Defender, City of Fife
Thomas Guilfoil PLLC
4505 Pacific Hwy E Ste C6
Fife, WA 98424-2638
253-517-3689
Officer Ryan Micenko, President Fife Police Guild
3737 Pacific Highway East
Fife, WA 98434
253-922-6633
Packet Pg. 243
Attachment C
3401 lWh Street SW Phone (425) 359-2105
Lynnwood, WA 98037 E-mail john.rodabaugh@frontier.com
John PAodabaugh 11
Education 1990 - 1993 Thomas M. Cooley Law School Lansing, MI
Juris Doctor, Cum Laude
ABA accredited Law School, Dean's List, Honor Roll, Law Review, Recipient 5
American Jurisprudence Prize Awards for Academic Excellence
1985 - 1988 Michigan State University East Lansing, MI
Bachelor of Arts in History
1984 - 1985 United States Naval Academy Annapolis, MD
Professional 1995 - Present Lave Office of John L Rodabaugh II
experience Criminal Defense Attorney & City Prosecutor
Provide Prosecution services to the municipalities of Bonney Lake (December
2018 to April 2019) , Fife (June 1996 to November 2018) , Marysville, (April 1994
to December 2009) and Snohomish (August 1994 to April 2011) , Have also
represented Cities of Milton and Black Diamond. Handle approximately 2500
criminal cases per year, including arraignments, pre -trials, bench and jury trials
and all related appeals. Have also represented individual clients in a variety of
matters including criminal defense, personal injury, landlord -tenant and probate
issues, in District, Municipal, Superior Courts, have litigated one matter in the
Washington Court of Appeals (Div. 1)
1994 - 1995 Kiethly, Weed, and Csraafstra, Inc. P.S.
21 Avenue A, Snohomish WA 98290
Associate Attorney / City Prosecutor
Provide Prosecution services to the municipalities of Marysville and
Snohomish. Handle approximately 2000 criminal cases per year, including
arraignments, pre -trials, bench and jury trials and all related appeals.
Represented individual clients in a variety of matters including criminal
defense, personal injury, landlord -tenant and probate issues.
1994-1994 Clallam County Prosecutor's Office
Port Angles, WA
Deputy Prosecutor
Handle large caseload of Paternity files to collect child support and establish
paternity of persons receiving Aid to Families with Dependant Children.
Packet Pg. 244
Attachment C
8.2.c
Professional
memberships
Military Service
1993 - 1994 Law Office of Barton Jones, Inc. P.S.
Walla Walla, WA
Associate Attorney / Public Defender
Serve as Public Defender for the City of Walla Walla and provide post
appellate representation to inmates at the Washington State Penitentiary,
including disciplinary hearings, parole hearing and Habeas Corpus actions.
Member Washington State Bar Association
Admitted to Practice of Law June 1993
License Number 22736
Admitted to Federal Practice November 1994
Active Duty United States Navy
July 1984 to April 1985
Served as Midshipman at United States Naval Academy
Teaching I have conducted many training sessions for Law Enforcement Officers
Experience during my time as a Prosecutor, including training on Domestic Violence,
Use of force, legal updates and DUI Training. I have served as an
instructor at the Washington State Criminal Justice Institute training new
law enforcement officers in Courtroom etiquette and testimony and have
taught Criminal Law and Criminal Procedure at a Reserve Police
Officer's Academy for seven years. I studied Advanced Homicide
Investigation with Robert Keppel at BLEA.
Hon. Kevin Ringus, Fife Municipal Court Judge
References Hon. Ronald Heslop, Bonney Lake Municipal Court Judge
Hon. Steven Clough, Evergreen District Court Judge
Hon. Patricia Lyon, Evergreen District Court Judge
Sally Jacobsen, Court Administrator, Fife Municipal Court
Packet Pg. 245
Attachment C
8.2.c
Chris L. Griffen
Attorney at Law, WSBA #41488
3306 Wetmore Avenue, Everett 98201
Phone (425) 405 0016
Fax (425) 259 3733
cliris@e-vei-etidei-'ense.com
www.everettdefense.com
Qualifications Extensive criminal law experience: I have represented thousands of
individuals charged with simple and gross misdemeanors and felonies
from arraignment through negotiation, settlement, trial and appeal over
the last 11 years.
Education B.A., Political Science 2004
University of Washington, Seattle, WA
Juris Doctor 2008
Thomas M. Cooley Law School, Lansing, MI
With Dean's List and Honor Role recognition
Legal Experience Rule 9 Legal Intern 2008-2009
Marysville, WA Prosecutor's Office
Worked under the City Prosecutor to make charging decisions, negotiate
cases, appear in court, and try cases.
Full Time Public Defender 2009-2010
For Marysville, Arlington, and Lake Stevens
Worked under contract with two other attorneys to represent all indigent
clients appointed by the cities of Marysville, Arlington and Lake Stevens
in a full-time capacity.
Substitute Prosecuting Attorney for Fife, WA 2010-2018
Assisted the full-time prosecuting attorney to cover appearances during
pre -scheduled vacations and absences. Included making court
appearances, preparing paperwork, and negotiating cases with defense
counsel.
Part-time Swinomish Tribal Prosecuting Attorney 2014-2017
For the Swinomish Tribe in La Conner, WA
Employed on a contract basis to represent the Swinomish Tribe in all
criminal matters during extended absences of the full-time prosecutor.
Duties included making charging decisions, consulting with the police
department, negotiation and preparation of cases through trial.
jIPacket Pg. 246
Attachment C
Conflict Public Defense Counsel 2010 to Present
For Marysville, Arlington, Lake Stevens, Monroe, City of Snohomish,
and Lynnwood
Employed on a part-time contractual basis to represent indigent clients
for the cities of Marysville, Arlington, Lake Stevens, Monroe, the City of
Snohomish, and Lynnwood who the full-time public defender cannot
represent due to a conflict of interest.
Owner, Griffen Law Office, Inc. 2011 to Present
Located in Everett, WA
Founded my own Law Firm, focused mainly on criminal defense, but
also regularly dealing with traffic infractions, no -contact and anti-
Cn
harassment orders, and occasional civil collection and other non -criminal >,
cases.
L
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Legal Affiliations • Washington State Bar r
3
• American Bar Association U
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• Snohomish County Bar Association a
• Washington Association of Criminal Defense Lawyers
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Attachment B
8.2.d
Zachor & Thomas, Inc., P.S.
Edmonds Prosecuting Attorneys
The Sunset Building
23607 Highway 99, Suite 1D
H. James Zachor, Jr. Edmonds, WA 98026
James M. Zachor Tel. 425.778.2429 / FAX 425.778.6925 Jeffrey D. Leeper
Chad W. Krepps e-mail: jim@zachorthomas.com Katrina E. Thornton
Yelena I. Stock Hana Lee
June 12, 2019
Ms. Mary Ann Hardie
Human Resources Director
Edmonds City Hall
121 Fifth Avenue North, Third Floor
Edmonds, WA 98020
RE: Prosecution Services Bid
Dear Ms. Hardie
Thank you and the City of Edmonds for providing us the opportunity to present a bid for the
Prosecution Services.
Our firm and its predecessors have been providing prosecution services to the City of Edmonds
since 1997. First with Jeffrey D. Goodwin and then with H. James Zachor, Jr. joining him. Later
their firms merged becoming Goodwin and Zachor. When Jeffrey Goodwin was appointed Judge
to the Snohomish District Court in 2003, our firm was created. Prosecution services have
continued since that date under the name Zachor & Thomas. In Snohomish County our firm has
represented as many as twelve different cities in municipal prosecution.
Zachor & Thomas Inc., P.S., is a Washington corporation, created in 2004. It provides
health/dental insurance and a retirement program for its employee. This year our firm is the first
in Snohomish County (joining King County and Spokane County) to implement Prosecutor by
Karpel, a leading software system for paperless prosecution case management. This system will
directly increase efficiency and benefit the City of Edmonds and the Police Department.
We have four active managers, each who will provide primary services in Edmonds Municipal
Court: Yelena I. Stock, James M. Zachor, H. James Zachor, Jr., and Chad W. Krepps. Our
attorneys have a cumulative 74 years of criminal prosecution experience and are qualified to
continue the prosecution services for the City of Edmonds.
Further information about the firm and its attorneys and staff is enclosed herein. We are available
to respond to any questions you may have regarding each individual employee or the firm.
Sincerely, Zachor & Thomas, Inc., P.S.
H. James Zachor, Jr. Presi(en
Packet Pg. 258
Attachment B
8.2.d
TABLE OF CONTENTS
COVER LETTER
CHAPTER ONE
INSURANCECOVERAGE....................................................................................................:... 1
CORPORATE INFORMATION................................................................................................. 2
REFERENCES................... ....... :... ....... ................—........................................ :..............................
3
CHAPTER TWO
RESUMES..........................................................................................................................:........ 5
EMPLOYEE BIOGRAPHIES....................................................................................................
15
CHAPTER THREE
OUR FIRM INFORMATION....................................................................................................
21
OUR PROFESSIONAL QUALIFICATIONS...........................................................................
22
OUR UNDERSTANDING OF THE TYPE AND LEVEL OF SERVICE NEEDED ................
22
OUR EXPERIENCE WITH THERAPEUTIC COURTS AND OUR VIEWPOINT ................
23
OUR EXPERIENCE WITH DIVERSION PROGRAMS AND OUR VIEWPOINT ................
24
OUR BELIEF ON THE ROLE OF THE PROSECUTOR AND RELATIONSHIPS WITH
THE COURT, POLICE DEPARTMENT, VICTIMS, WITNESSES, AND COMMUNITY....
24
OUR PHILOSOPHY TOWARDS PRO SE DEFENDANTS....................................................
25
OTHER CLIENTS REPRESENTED BY OUR FIRM.................................................26
AFFILIATIONS OR CLIENTS CAUSING POTENTIAL CONFLICTS ...........................26
PENDING LITIGATION OR JUDGMENTS RENDERED
AGAINST FIRM OR FIRM STAFF.....................................................................26
CHAPTER FOUR
APPROACH TO MUNICIPAL PROSECUTION.....................................................................
27
CHAPTER FIVE
BIDAND COST QUOTATION.......................................................................................................
30
CHAPTER SIX
FREQUENTLY ASKED QUESTIONS..............................................................................................
31
Packet Pg. 259
Attachment B
INSURANCE COVERAGE
ZACHOR & THOMAS, Inc., P.S. maintains the following insurance coverage:
1. Lawyers Professional Liability (see attached Insurance Summary):
Insurance Carrier: Marsh Affinity Group Services (Liberty Mutual)
1215 Fourth Avenue, Suite 2300
Seattle, WA 98161
Contact Person: Sylvia Chu 206-613-7803
Policy Number: LPM 198397-0106 00
Policy Limits: $2,000,000.00 each claim/ $2,000,000.00 aggregate
Deductible: $5,000.00
2. Business Policy: (see attached Declaration Page):
Insurance Carrier: State Farm Fire and Casualty Company
P.O. Box 5000
Dupont, WA 98327-5000
Contact Person: Rachel Alexander Insurance Agency
644 NW Richmond Beach Road
Shoreline, WA 98177
206-542-8000
Policy Number: 98-GJ-1323-4
Policy Limits: Business Personal Property: $40,000.00
Loss of Income: Actual Loss
Business Liability $1,000,000.00
Medical $10,000.00
Products -Completed Operations: $2,000,000.00
General Aggregate (other than PCO) $2,000,000.00
Packet Pg. 260
Attachment B
CORPORATE INFORMATION
Name: Zachor & Thomas, Inc., P.S.
Status: Good Standing with the State of Washington
Address: 23607 Highway 99, Suite 1D
Edmonds, Washington 98026
Tel: 425-778-2429
FAX: 425-778-6925
H. James Zachor, Jr. e-mail: iim a.zachortlioinas.com
James M. Zachor e-mail: jmz@zachorthornas.com
Chad W. Krepps e-mail: chad(a�zachorthomas.com
Yelena I. Stock e-mail: _yelena ezachorthomas.com
Washington State UBI Number: 602-391-951
Federal I.D. Number: (S corporation): 06-1724045
Employment Security Reference Number: 269039-00-0
Labor & Industries Account I.D. Number: 068-909-00
CORPORATE HISTORY
The original contracting firm for prosecution services with the City of Edmonds began with Jeffrey D. Goodwin
in 1997. In 2001 he joined his firm with H. James Zachor, Jr. naming it Goodwin & Zachor, Inc., P.S. When
Jeffrey was appointed Judge to the Snohomish County District Court, South Division in 2003, the successor firm
to the Edmonds prosecution contract was Zachor & Thomas, Inc., P.S., by agreement with the City of Edmonds.
There was no change in personnel or performance requirements. Services have continued since that date in the
name of Zachor & Thomas, Inc., P.S.
All taxes and obligations of Zachor & Thomas, Inc., P.S. are current. The firm maintains medical/dental
insurance and retirement benefits on its employees.
Packet Pg. 261
Attachment B
REFERENCES
The Honorable Douglas J. Fair
Snohomish County District Court
20520-681h Avenue West
Lynnwood, WA 98036
425-744-6804
2. Jennifer Millett/Al Treacy
Marysville Prosecutors
1049 State Avenue
Marysville, WA 98270
360-363-8000
3. Ted Christopher Barr
Defense Attorney
5400 Carillon Pl.
Fourth Floor Building
Kirkland, WA 98033
425-462-4224
ADDITIONAL REFERENCES
JURISTS
The Honorable Stephen J. Dwyer The Honorable Jeffrey D. Goodwin
Washington State Court of Appeals (Div I) Snohomish County District Court
One Union Square 20520-6811 Avenue West
600 University St. Lynnwood, WA 98036
Seattle, WA 98101 425-744-6804
206-464-765 8
The Honorable Stephen P. Moore
Lynnwood Municipal Court
19321-44t' Avenue West
Lynnwood, WA 98046
425-670-6668
The Honorable Elizabeth Anne Padula
Tacoma County District Court
930 Tacoma Avenue S., Rm 239
Tacoma, WA 98402-2102
253-798-7712
COURT ADMINISTRATOR
Paulette Revoir
Lynnwood Municipal Court Administrator
19321-44t' Avenue West
Lynnwood, WA 98046
425-670-6667
Packet Pg. 262
Attachment B
PROSECUTING ATTORNEY
8.2.d
Russell B. Jucket, Jr.
Former Elected Snohomish County Prosecutor
3119 Oakes Avenue
Everett, WA 98201
425-339-1559
James H. Johanson
7009 21211 St., SW, Suite 203
Edmonds, WA 98026
425-776-5547
James A. Feldman
Public Defenders
19303-44th Avenue W., Suite A
Lynnwood, WA 98036
425-771-3600
Mark Garka (former prosecutor)
Defense Attorney
19303-441h Avenue West
Lynnwood, WA 98036
425-422-5818
DEFENSE ATTORNEYS
Richard H. Bennett
P.O. BOX 5677
Everett, WA 98206
425-335-0433
David Lee
Public Defenders
19303-44th Avenue W., Suite A
Lynnwood, WA 98036
425-771-3600
Additional reference upon request.
Packet Pg. 263
Attachment B ATTORNEY RESUMES s 2 d
H. James Zachor Jr.
LEGAL EXPERIENCE
Zachor and Thomas Inc., P.S., Edmonds, WA
Managing Partner and Senior Prosecuting Attorney
■ Prosecutor for the Town of Woodway 1997-Present
■ Prosecutor for the City of Lynnwood 2001-Present
■ Prosecutor for the City of Arlington 2002-Present
■ Prosecutor for the City of Lake Stevens 2002-Present
■ Prosecutor for the City of Edmonds
2003-Present
4
■ Prosecutor for the City of Mill Creek
2005-Present
.4
■ Prosecutor for the City of Sultan
2015-Present
■ Prosecutor for the City of Monroe
2008-Present
m
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• Prosecutor for the City of Mountlake Terrace
1991-2008
4)
Goodwin & Zachor, Inc., P.S.
2001-2004
O
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Managing Partner and Senior Prosecuting Attorney
a)
c
Hunt, Goldberg & Zachor, law firm
1978-1987
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United State Air Force. 1968-1972 a-
■ Assigned to National Security Agency, Washington D.C./Fort Mead, Maryland
Education
} Gonzaga University Law School Spokane, WA
■ Juris Doctorate, 1975
University of Maryland- College Park., MD
■ Studying for Masters in Economics, 1970-1972 while assigned to the National Security Agency with the
United States Air Force
Defense Language Institute- Monterey, CA
= French & Italian Language studies with the United States Air Force, credit through University of California,
1968-1969
USAF Survival and Prisoner of War Interrogation Training 1968
University of Oregon Law School, Eugene, OR
■ Candidate for Juris Doctorate 1966-1967
Oregon State University, Eugene, OR
Bachelor of Science,1966
Universita' di Pavia - Pavia, Italy-1964
Associations
Admitted to practice before the United States Supreme Court (1993)
Admitted: Washington State Bar Association
Snohomish County Bar Association
Law & Justice Committee of Snohomish County (appointed) representing
Municipal Prosecutors
Washington Women's Lawyers Association
Association of Police Legal Advisors
National College of District Attorneys (domestic violence prosecution)
Interests
Sports (baseball); flying (pilot); reading history; travel (especially to historic sites),
Packet Pg. 264
Attachment B
James Matthew Zachor
LEGAL EXPERIENCE
Puget Sound Senior Baseball League, Seattle, WA
May 2019 — Present
League Legal Counsel
■ Advises non-profit organization on legal matters relating to sports and organizational liability, contracts
and rules relating to players, managers, board of directors and spectators.
■ Drafts legal memoranda with opinions relating to sports and organizational liability, contracts and rules
relating to players, managers, board of directors and spectators.
Zachor & Thomas, Inc., PS, Edmonds, WA October
Senior Associate Attorney
2009 - Present
■ Became full time associate attorney in firm after passing the Bar Exam in October of 2009.
■ Represented numerous cities in various court proceedings such as arraignments, pre-trial hearings, jury
confirmation/readiness hearings, motions, and bench trials.
■ Assisted in file preparation (i.e. ordering photos/police reports/911 tapes/drug & paraphernalia tests/NCIC
III requests).
■ Prepared and issued subpoenas for trial and motions.
■ Researched, wrote and argued substantive 3.5 and 3.6 motions.
■ Primary Cities of responsibility have included Lynnwood, Lake Stevens, Arlington, Edmonds and Monroe.
■ Participated in 20+ jury and bench trials.
■ Contacting victims of domestic violence to inform them of the DV laws in Washington and provide
information on the status of a case, information on various domestic violence services available to victims
in Snohomish County, information on Crime Victim Compensation fund, obtaining protection orders.
■ Prepare policy memos on new criminal case law for law enforcement agencies.
■ Regularly train patrol officers on WA criminal law areas such as search and seizure, DUI and Domestic
Violence.
■ Consults agencies and reviews 'Extreme Risk Protection Orders" under RCW 7.94.
■ Was the first prosecutor in Snohomish County to successfully argue for and obtain an 'Extreme Risk
Protection Order." (An Extreme Risk Protection Order is a civil order that prevents individuals with
dangerous mental health or corroborative substance abuse disorders who present a danger to themselves or
other by possessing firearms.)
■ Was the first prosecutor in Snohomish County to successfully argue for and obtain a renewal of an "Extreme
Risk Protection Order.
■ Primary prosecutor all contracted law enforcement agencies in drafting, reviewing and arguing petitions for
Extreme Risk Protection Orders.
■ Supervise rule 9 interns, as well as associate attorneys.
Zachor & Thomas, Inc., PS, Edmonds, WA
Rule 9 Intern
Summer 2008, Summer 2009
■ Represented numerous cities in various court proceedings such as arraignments, pre-trial hearings, jury
confirmation/readiness hearings, motions, and bench trials.
• Primary City represented was the City of Lynnwood in most criminal and civil infraction hearings.
■ Assisted in file preparation (i.e. ordering photos/police reports/911 tapes/drug & paraphernalia tests NCIC
III requests).
■ Interviewed/contacted victims, witnesses and businesses.
■ Prepared and issued subpoenas for trial and motions.
■ Researched, wrote and argued substantive 3.5 and 3.6 motions.
Packet Pg. 265
Attachment B
8.2.d
Zachor & Thomas, Inc., PS, Edmonds, WA
Summer Intern/Legal Assistant
Education
Apr 2007 - Sep 2007
■ Assisted in file preparation (i.e. ordering photos/police reports/911 tapes/drug & paraphernalia tests NCIC
III requests).
■ Interviewed/Contacted victims, witnesses and businesses.
■ Reviewed files for issuance of trial and motion subpoenas.
■ Researched case law and drafted substantive motions and motion responses.
Thomas M. Cooley School of Law, Lansing, MI
■ Juris Doctorate, 2009
• Graduated Cum Laude
■ Honor Roll (earned a 3.00 GPA or higher in one term) 7 of 9 terms
■ Dean's List (maintained a 3.00 GPA or higher) 6 of 9 terms
■ Certificate of Merit (highest grade in course) - Intra-school Moot Court.
Pacific University, Forest Grove, OR - 2001-2004,
■ Bachelor of Arts. Political Science, 2004
■ Honor Roll/Dean's List 4 of 6 terms
Linn -Benton Community College, Albany, OR - 1999-2000
■ Mechanical Engineering major
Oregon State University, Corvallis, OR - 1998-1999
■ Mechanical Engineering Major
School Activities
Pacific University -Varsity Baseball 2001-2003, Honorable Mention All -League Utility Player 2001, Pre -law
Society Vice -President 2002-2003, Pre -law Society President 2003-2004.
Linn Benton Community College - Varsity Baseball.
Oregon State University - Varsity Baseball (1 of 3 freshmen to receive playing time), Phi Gamma Delta
Fraternity.
Professional Organizations
Citizens for Judicial Excellence (CJE) - Board of Directors - January 2017 — Present
Hobbies and Interests
Plays in adult baseball league, reading, any and all outdoor sports, and spending time with my son.
Packet Pg. 266
Attachment B
Chad Wesley Krepps
LEGAL EXPERIENCE
Zachor and Thomas Inc., P.S., Edmonds, WA Dec 2013 — Presei
Senior Prosecuting Attorney
■ Supervise and train junior associates, legal interns, and legal assistants.
■ Provide prosecuting services to municipalities throughout Snohomish County.
■ Advise and train law enforcement officers on legal changes relating to their duties.
■ Serve as point of contact and provide outreach for victims of domestic violence crimes.
Appear regularly in various municipal and district courts for all legal proceedings.
■ Research and draft legal briefs on issues of probable cause, evidence, and confessions.
■ Review and draft municipal code ordinances.
■ Represent municipalities on civil traffic infractions.
Haas & Ramirez, P.S., Bainbridge Island, WA
Aug 2013 — Dec 201
Associate
■ Appeared on the behalf of clients in Municipal, District, and Superior Courts.
■ Advised clients of probable case outcomes so that they can make informed decisions.
■ Investigated and research both law and fact to prepare a case for negotiation and trial.
■ Advocate for my client while negotiating with prosecutors to find an advantageous resolution for the client,
Bremerton City Attorney's Office, Bremerton, WA Sep 2012 — Aug 201
Prosecutor
■ Represent the city through all stages of the criminal process, from charging to sentencing.
■ Research and draft legal briefs on issues of probable cause, evidence, and confessions.
Willamette Sustainability Clinic, Salem, OR Jan 2012 — May 201
Law Clerk
Draft an "Environmental Justice Best Practices Handbook" for Oregon Natural Resources Agencies.
■ Prepared a National Environmental Policy Act complaint.
■ Client outreach, capacity building, and legal research in order to further these goals.
Oregon Law Commission, Salem, OR Jan 2011— May 201
Law Clerk
■ Review and consider local proposals and national uniform state laws to determine whether a need existed t
amend or supplement Oregon Statutes.
■ Present finding of law to both the Commission as well as the State Legislature.
Education
Willamette University College of Law, Salem, OR
■ Juris Doctorate, 2012
■ Sustainable Environment, Energy and Natural Resource Law Certificate, 2012
* Moot Court Board Member 2011-12
■ Writer -Willamette Law Online: Ninth Circuit 2011-12
University of Washington, Seattle, WA
■ Bachelor of Arts, International Studies: Latin America, 2003
■ Minor in Human Rights
■ Semester abroad in Wales, 2000
■ Six times Dean's List
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Attachment B
Yelena I. Stock
LEGAL EXPERIENCE
Zachor & Thomas, Inc., P.S., Edmonds, WA Jun 2019 - Present
Senior Associate Attorney
■ Assume a supervisory role of junior associates, legal interns, and legal assistants
• Train associates in trial advocacy
■ Serve a lead negotiator and trial attorney for the City of Edmonds.
City of Seattle, Seattle, WA Sep 2014 — May 2019
Assistant City Prosecutor
■ Specialty Court Unit: LINC Prosecutor (Legal Intervention Network of Care), criminal diversion program
focused on mental health and Trueblood population; Work with community partners Behavioral Health and
Recovery Division and Community House; Mental Health Court and Community Court (a dedicated court
for low-level offenders);
• Domestic Violence Unit: DV lead prosecutor; vertical prosecution from filing decision to trial; work with
team of DV Victim Advocates; train Rule 9 interns and new attorneys; Participated in HB 1840 Firearms
Surrender Enforcement Work Group (2016) which assisted in creating the Regional Domestic Violence
Firearms Enforcement Unit (2017).
Zachor & Thomas, Inc., P.S., Edmonds, WA Sep 2008 - Apr 2014
Senior Associate Attorney
■ Represented nine Snohomish County Cities in criminal misdemeanor prosecution and civil infractions.
■ Lead prosecutor for the Cities of Lynnwood, Mill Creek and Woodway. Appeared in multiple District and
Municipal courts for arraignments, pre-trial hearings, motions, trials, and appeals.
■ Police Liaison for respective police departments, including training and legal updates.
■ Trained Rule 9 interns and new attorneys.
Federal Public Defenders Office, Seattle, WA Jan — Apr 2008
Legal Extern
Social Security Administration, Office of General Counsel, Seattle, WA May — Aug
2007
Legal Extern
U.S. Navy Reserve 2nd Class Petty Officer (Torpedoman's Mate/E-5) Dec 2001— Sep 2004
U.S. Navy Active Duty 3Yd Class Petty Officer (Gunner's Mate/E-4) May 1994 — Apr 1999
■ Maintenance and handling of weapons, ammunitions, and related equipment and systems.
■ Good Conduct Medal, National Defense Medal with Bronze Star, Outstanding Volunteer Medal
Education
Seattle University School of Law
■ Juris Doctorate, 2008
• CALI Award (High Grade) for Ethics, Law & Catholic Social Thought
Arizona State University
• Bachelor of Science, Justice Studies, 2004
• Summa Cum Laude
■ ASU Barrett Honors College Graduate
W
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8.2.d
Languages
Spanish — Proficient (Native Speaker)
Hobbies and Interests
Emerald City Writers Conference Speaker — Criminal law workshops for novelist (2016 & 2017)
Enthusiastic reader of all literary genera's
Avid traveler
SciFi Geek who loves to take her family to Comic Con's
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Attachment B
Jeffrey David Leeper
LEGAL EXPERIENCE
Zachor and Thomas Inc., P.S., Edmonds, WA APR 2017-PRESENT
Prosecuting Attorney
■ Handled review, pre-trial, arraignment, jail, and infraction calendars for cities with which firm is contracted
to handle criminal prosecution.
■ Filed motions and briefs as needed.
k Discussed/negotiated merits of cases with defense counsel.
■ Argued and/or settled matters at trial and motion hearings. w
m
CITY OF KENT LAW DEPARTMENT MAY 2008-JUN 2008, NOV 2008-JAN 2009
c4n'
Contract Attorney for Criminal Division APR 2009-JUN 2010, SEP 2016-JAN 2017
Handled probation review, review, pre-trial, arraignment, and jail calendars on as -needed basis.
o
■ Reviewed merits of traffic citations, discussed/negotiated with defendant or defendant counsel and argued
Q
City's position before judge.
c
■ Filed new cases and made filing recommendations to officers.
3
U
m
N
CITY OF KENT LAW DEPARTMENT JUL 2010-OCT 2013
O
a -
Prosecuting Attorney
■ Handled probation review, review, pre-trial, arraignment, and jail calendars, to include interviewing
a
witness, negotiating with defense.
o
• Argued and/or settled matters at trial and motion hearings.
a.
■ Argued City's position at tow hearings in district court.
■ Reviewed merits of traffic citations, discussed/negotiated with defendant or counsel and argued City's
o
position before judge.
■ Filed new cases and made filing recommendations to officers.
0
■ Filed motions and briefs as needed.
U
MOBERLY & ROBERTS, PLLC JUL 2008-OCT 2008
Prosecuting Attorney
■ Handled probation review, review, pre-trial, arraignment, and jail calendars, to include interviewing
witness, negotiating with defense.
• Argued and/or settled matters at trial and motion hearings.
■ Reviewed merits of traffic citations, discussed/negotiated with defendant or counsel and argued City's
position before judge.
■ Filed new cases and made filing recommendations to officers.
65 Filed motions and briefs as needed.
SEATTLE CITY ATTORNEY, CIVIL DIVISION SEP 2006- APR 2007
Rule 9 Intern for Infractions
■ Reviewed merits and sufficiency of traffic and animal control citations.
• Interviewed witnesses to determine testimony and to explain court proceedings.
■ Discussed merits of case with opposing counsel, and, where appropriate, negotiated charge and sentencing.
■ Argued City's position before magistrate judge.
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Attachment B
8.2.d
CITY OF KENT LAW DEPARTMENT SUMMER 2006
Rule 9 Extern for Criminal Division
• Reviewed merits of traffic citations.
■ Assessed sentencing based on defendant's prior record.
■ Discussed merits of case with opposing counsel, and, where appropriate, negotiate charge and sentencing.
Argued City's position in traffic cases to judge. Represented City's interests in sentencing and probation
review cases, pretrial hearings, and warrant and jail calendars.
• Prepared City's position for motions.
■ Represented City in one bench trial and two jury trials including voir dire, opening statement, direct and
cross examination, and closing statement.
SEATTLE UNIVERSITY SCHOOL OF LAW SUMMER 2005
Research Assistant for Professor Mark Chinen
■ Provided reader feedback and editorial comments on academic paper on amending Japanese Constitution.
Researched impediments to sharing information among national security organizations.
EDUCATION
SEATTLE UNIVERSITY SCHOOL OF LAW, Seattle, WA
■ Juris Doctorate (Criminal Law focus), 2007
■ Trustee's Scholarship upon entry
■ Vice President of Christian Legal Society; Associate Justice for Law and Technology Society; Member of
Faculty Standards Committee; Student Fellow for Center on Corporations, Law and Society, Bailiff— Mock
Trial and Moot Court Competitions, Order of the Barristers
in Moot Court and ADR Competitions: Negotiation (2"d Place), Mediation (4t' Place), Client Counseling,
Thomas Tang, Administrative Law, Reasonable Doubt, In -House Moot Court, In -House Appellate
Competition
UNIVERSITY OF WASHINGTON, Seattle, WA
Certificate in Editing, 2003
LOUISIANA STATE UNIVERSITY, Baton Rouge, LA
■ Master of Arts in English Literature (191 Century British Literature), 1993
■ Activities: Henry James Review editorial staff, Judge for 1993 Emily Toth Award
LOUISIANA STATE UNIVERSITY, Baton Rouge, LA
■ Bachelor of Arts in English (Minors: German Literature and Religious Studies), 1991
■ National Dean's List and LSU Regents Certificate of Excellence
■ LSU Honors Scholarship and Air Force ROTC Scholarship upon entry
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Attachment B
Katrina Thornton
LEGAL EXPERIENCE
Zachor and Thomas Inc., P.S., Edmonds, WA
Associate Attorney
■ Appear regularly in various municipal and district courts for all legal proceedings.
■ Research and draft briefs regarding various legal issues.
■ Represent municipalities on civil traffic infractions.
• Advise and train law enforcement officers on legal changes relating to their duties.
• Conduct the research and preparation required for motion hearings and trials.
Law Office of Kenneth F. Bromet, Seattle, WA
Legal Intern
Apr 2017-present
Nov 2015-Apr 2017
Conducted legal research and writing for various legal issues in the areas of juvenile delinquency and
dependency, family law, and trusts and estates.
Drafted trial briefs, settlement materials, client declarations, and various pleadings to be filed with the court.
Met with clients to discuss their pleadings and upcoming court hearings.
King County Superior Court, Juvenile Division, Seattle, WA Aug 2015-Dec 2015
Legal Extern for The Honorable Barbara Mack
■ Attended truancy hearings, review hearings, and offender hearings.
■ Conducted legal research and writing regarding issues relevant to the court.
= Researched various issues for the Judge's proposed legislation regarding a judge's ability to impose mental
health treatment and substance abuse treatment for juvenile offenders.
Feldman and Lee, P.S., Lynnwood, WA Jun 2015-Jul 2015
Legal Extern
■ Attended arraignments, review hearings, and pre-trial hearings.
• Prepared the calendar for review hearings.
• Conducted legal research and writing, and drafted motions to be argued in court.
• Observed negotiations between the City and the Public Defender including terms for plea bargains and
diversion agreements.
EDUCATION
Seattle University School of Law, Seattle, WA
• Juris Doctorate 2017
■ Graduated in the top 14% with a 3.59 gpa
• Presidential Scholarship
■ CALI Award (High Grade) for Constitutional Law I, Legal Writing II, and Trusts and Estates
■ Women's Law Caucus
University of California, Santa Cruz, Santa Cruz, CA
■ Bachelor of Arts, Psychology and Literature, 2014
■ Golden Key International Honor Society; Psychology Honors Society
• Research Assistant to Faye Crosby of the Psychology Department
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Attachment B
Hana Lee
LEGAL EXPERIENCE
Zachor and Thomas Inc., P.S., Edmonds, WA Dec 2013 — Present
Prosecuting Attorney
Appear daily for in -custody hearing where I review police reports and make arguments concerning
conditions of release and bail.
• Negotiate criminal pre-trial cases with Defense Attorneys.
• Represent municipalities on civil traffic infractions.
■ Negotiate resolutions with attorneys for civil traffic infractions.
• Appear in court pro se respondents and ensure they are aware of the procedures, rules, and laws applicable
to their hearing.
Ronald A. Peterson Law Clinic, Seattle, WA
Seattle University School of Law
Rule 9lntern
Jan 2017 — May 2017
• Represented juvenile clients in court proceedings, including first appearances, arraignments, detention
• release hearings, and case setting hearings.
■ Engaged in effective client counseling, including regular meetings and communication with clients in
• juvenile detention and with clients out of custody.
■ Reviewed facts with investigator and interviewed witnesses and law enforcement.
■ Participated in a trial skills workshop and mock motion hearing to practice and refine advocacy skills.
■ Performed legal research and drafted legal memoranda regarding duress defense, deferred action, and
■ disposition.
Shoreline Prosecuting Attorney's Office, Shoreline, WA Summer 2016
Rule 9lntern
• Managed high volume docket daily to expedite court proceedings.
• Successfully argued motions in pre-trial and post -conviction hearings.
• Efficiently conducted court proceedings, including motion hearings, probation review hearings,
• arraignments, and first appearances.
• Conducted legal research and drafted numerous motions, including motions to suppress evidence, motions
to suppress statements, and appellate briefs.
Lee & Lee Law, P.S., Seattle, WA Summer 2015
Law Clerk
• Performed research and drafted legal memoranda on a variety of civil and criminal litigation matters.
• Interviewed clients with staff attorneys.
• Drafted letters to clients.
■ Translated clients' contracts and other documents from Korean to English.
Education
Seattle University School of Law Seattle, WA
• Juris Doctorate, 2017
Membership: Future Prosecutors for Social Justice, Korean American Law Student Association
■ Moot Court Participant
St. John's University Jamaica, NY
• Bachelor of Science in Hospitality Management May 2010
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Attachment B
8.2.d
EMPLOYEE BIOGRAPHIES
H. James Zachor, Jr., also known as "Jim Sr."
jim@zachorthomas.com
Jim Sr. has practiced law in the State of Washington since 1975 having attended University of
Oregon Law School and Gonzaga University Law School. He played football and baseball for and
graduated from Oregon State University with a Bachelor of Science. He also has attended
University of Maryland, working for his master's degree in economics and the Universita'di Pavia
in Pavia, Italy. He served five (5) years in the United States Air Force as an interpreter (French)
during the Viet Nam War and was assigned to the National Security Agency. For 22 years he has
served the City of Edmonds as an in -court Prosecuting Attorney and currently consults with and
prosecutes drug, felony, firearms and DUI forfeitures for the City.
Bar Status: Good Standing
WSBA 6327
James. M. Zachor, also known as "Jimmy" or "Jim Jr."
} jmz@zachorthomas.com
Jimmy has been an attorney since October 2009. He graduated from the Thomas Cooley School
of Law in Lansing, Michigan where he graduated Cum Laude (top 10% in class). He has been a
prosecutor with Zachor and Thomas for approximately 12 years (almost 10 as an attorney and 2 as
a "Rule 9" legal intern). He is currently the supervising attorney for the City of Edmonds and
oversees all other attorneys who handle Edmonds cases. He is also the supervising attorney
overseeing all associate attorneys in the firm. In this role he defends the City on appeals, provides
Edmonds Police Officers with legal updates, reviews police reports to make charging decisions,
and is on call 24 hours a day, 7 days a week, for Edmonds Officers in need of review of search
warrants, arrest warrants, or for charging/arrest questions in the field. In addition to primarily
representing the City of Edmonds, he also serves all other contract cities by reviewing charging
decisions, making appearances in court, and providing policy and legal opinions on issues of law.
He has attended the DUI Boot Camp as well as Drug Recognition Expert (DRE) training along
with Washington Law Enforcement Officers in order to better understand investigation techniques
and better prosecute those suspected of driving while impaired by a substance other than alcohol
Bar Status: Good Standing
WSBA 41688
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Attachment B
Chad W. Krepps
chad@zachorthomas.com
Chad has been an attorney since 2012, and with Zachor and Thomas since December 2013. He
began practicing first as a Rule 9 legal intern then as persecutor for the City of Bremerton. After a
brief stint in private practice he relocated to the Greater Seattle area and returned to prosecution.
He graduated from Willamette University College of Law, earning a certificate in Sustainable
Environmental, Energy, & Resources Law. He graduated from the University of Washington with
a degree in Latin American Studies and a minor in Human Rights.
As an attorney he has handled every facet of a criminal case, from charging through jury trial.
Chad has successfully argued criminal motions and trial, both to the bench and to a jury. While
striving to seek justice and protect the community he has earned a reputation for being both
reasonable and practical. He has attended the DUI Boot Camp as well as Drug Recognition Expert
(DRE) training along with Washington Law Enforcement Officers in order to better understand
investigation techniques and better prosecute those suspected of driving while impaired by a
substance other than alcohol. Chad is currently serving all our client cities and makes daily
appearances for the City of Lynnwood.
Bar Status: Good Standing
WSBA 45279
Yelena Stock
yelena@zachorthomas.com
Yelena Stock was admitted to practice in the State of Washington in 2009, has over 11 years of
prosecutorial experience and is a seasoned trial lawyer. Yelena comes to Washington from Arizona
after graduating from Arizona State University with a B.S. in Justice Studies in 2004. She has
lived here for now for over 15 years. She received her J.D. from Seattle University School of Law
in 2008. Before stepping into law, she served in the U.S. Navy. Serving five years of active duty
as a Gunners Mate on the U.S.S. Rainier, stationed in Bremerton, Washington and the U.S.S.
Willamette stationed in Pearl Harbor, Hawaii. Additionally, serving as a Navy Reservist for two
years as a Torpedoman's Mate assigned to Pearl Harbor, Hawaii and Everett, Washington. She
additionally speaks Spanish.
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Attachment B
8.2.d
As a misdemeanor prosecutor for 11 different Snohomish County Cities and the Seattle City
Attorney's Office, she has resolved thousands of criminal cases. She was an associate attorney at
Zachor and Thomas, Inc., P.S. for almost six years. During her time there, she was a lead
prosecutor for the cities of Lynnwood, Mill Creek, and Mountlake Terrace. At the Seattle City
Attorney's office, she was a lead Domestic Violence prosecutor for almost four years. In 2017, she
assisted in developing the Regional Domestic Violence and Firearms Enforcement Unit. She also
became the LINC (Legal Intervention Network of Care) prosecutor and worked in Seattle
Municipal therapeutic courts. LINC is a diversion program that focuses on the Trueblood
population. In June of 2019, she returned to her home - Zachor & Thomas.
Bar Status: Good Standing
WSBA 41248
Katrina Thornton
katrina@zachorthomas.com
Katrina graduated from the University of California, Santa Cruz in 2014 with a degree in
Psychology and English Literature. She graduated from Seattle University with her Juris Doctorate
in May of 2017. She passed the bar in September of 2017 and was admitted to the Washington
State Bar in October of 2017. While at Seattle University, Katrina developed the desire to work in
criminal law. She has been with Zachor and Thomas since April of 2017. First, as a Rule 9 intern,
and then as an Associate Attorney after being admitted to the bar. Katrina has very much enjoyed
the courtroom experience involving motions and trial work. Katrina is passionate about criminal
law because she enjoys helping those who have been impacted or victimized by crimes in the
community. Katrina is currently serving the cities of Monroe, Mukilteo, and Lynnwood.
Bar Status: Good Standing
WSBA 52618
Jeffrey Leeper
jeffrey@zachorthomas.com
Mr. Leeper attended Seattle University School of Law where he graduated with his juris doctorate
in 2007 and has been a member of the Washington State Bar ever since. All his years practicing
has been as a criminal prosecuting attorney at the municipal court level. His work includes all
steps from charging decisions to trial to probation review. He is currently serving as lead
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Attachment B
prosecutor for the cities of Lake Stevens and Arlington. He has also been working with the Mental
Health Alternatives Program (MAP) in Marysville Municipal Court.
Bar Status: Good Standing
WSBA 39577
Staff
Erin M. Ortega
erin@zachorthomas.com
Cn
Erin joined the firm in March 2004, having graduated with a Bachelor of Arts in Law Enforcement
c
from Central Washington University. Prior to joining our firm, she worked for five years
r
facilitating discovery and client contact with the law firm of Feldman & Lee, P.S., handling
c
primarily public defense cases.
m
N
O
She is extremely knowledgeable in dealing with court staffs, the Department of Licensing, a
Snohomish County 911, defense attorneys, pro -se defendants, victims, witnesses, and law N
O
0.
enforcement personnel. She currently serves as a legal assistant for the Cities of Lynnwood, o
a.
Edmonds, Mill Creek, Mukilteo. She is responsible for receiving and properly handling a variety
of legal document, fulfilling discovery demands, and preparing case files for attorneys. Her 0
performance is exceptional and a true credit to every successful prosecution. o
Susan E. Bolles
Susan@zachorthomas.com
Susan is a legal assistant who joined our firm in 2015, having graduated from Edmonds
Community College with an Associate of Arts and Sciences degree. She is responsible for
compiling police reports, preparing files for court, requesting supplemental discovery, and
fulfilling demands for discovery. She is familiar with Microsoft OneDrive and SharePoint and
integral in local law enforcements transition to digital discovery. Susan does an outstanding job
supporting our prosecutors by handling numerous tasks such as legal research, motions, discovery,
action item requests, and preparation of all court calendars for her cities. She is an excellent
communicator, interacting with court staffs, law enforcement personnel, and defense attorneys
effortlessly. She is detail oriented and excels at training all incoming interns and legal assistants
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8.2.d
Susan has various interests, including snow skiing and scuba diving, vocal coaching for multiple
American Idol hopefuls, and many years as assistant head coach for Archbishop Murphy High
School's Mock Trial Teams. Her knowledge of the law and courtroom etiquette are impressive.
She brings organizational skills and a much needed, and appreciated, sense of humor to our office.
We are fortunate to have her on the Zachor and Thomas team. She currently serves for the Cities
of Arlington, Lake Stevens, Mill Creek, Monroe, Sultan, and Woodway.
Luke Bolles
luke@zachorthomas.com
Luke has been working at Zachor and Thomas for just over a year and is also currently attending
Edmond's Community College while pursuing a Business Management degree. He has hopes of
working in the Financial field in either stocks or economic industry analysis. Luke is a legal
assistant that handles sending discovery on infractions for all cities, as well as assisting in printing
criminal police reports and handling supplemental discovery requests. Luke brings a great energy
to the firm and regularly step up to aid his coworkers to ensure the successful completion of a task
and deadlines are met.
Corey Rogers
c.rogers@zachorthomas.com
Corey graduated from the University of Washington in 2018 with a BA in Political Science. During
his studies he was involved in several different legal and service -based organizations and spent
over 100 hours volunteering for the Housing Justice Project in Kent. Corey was hired on as a legal
assistant at Zachor and Thomas directly after graduation and immediately was tasked to assist in
all facets of daily administrative responsibilities. Such tasks include calendar preparation,
responding to and delegating incoming calls and fulfilling discovery requirements. In the fall,
Corey will be attending the University of Arizona to continue his education at the James E. Rogers
College of Law. He hopes to translate his JD into a long and fulfilling career in criminal law.
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8.2.d
Alisa Das
alisa@zachorthomas.com
Alisa Das has served as a legal assistant since 2017. She is currently enrolled in the Foster School
of Business at the University of Washington studying Business Administration and Information
Systems. Her responsibilities in the office include preparing files for court appearances, requesting
supplemental discovery, responding to demands for discovery, and answering calls. She was a
four-year member of the mock trial team at Archbishop Murphy Highschool and plans on attending
law school upon graduation.
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Attachment B
8.2.d
I
1. OUR FIRM INFORMATION
Areas of Specialization: Municipal Prosecution
Criminal Law
Municipal Law
Drug/Civil/Weapons Forfeitures
Traffic Infractions
Domestic Violence
Impaired Driving
Current Contracts: City of Arlington Prosecution
Contact: Chief Jonathan Ventura 360-403-3400
City of Edmonds Prosecution
Contact: Chief Al Compaan 425-771-0200
City of Lake Stevens Prosecution
Contact: Chief John Dyer 425-334-9537
City of Lynnwood Prosecution
Contact: Chief Tom Davis 425-670-5600
City of Mill Creek Prosecution
Contact: Chief Greg Elwin 425-445-6175
City of Monroe Prosecution
Contact: Chief Jeffrey Jolley 425-794-6300
City of Mukilteo Prosecution
Contact: Chief Cheol Kang 425-263-8100
Town of Woodway Prosecution
Contact: Chief Doug Hansen 425-670-8260
City of Sultan Prosecution
Contact: Chief Mike Martin 425-388-6260
Organizational Size: Seven in Office Attorneys
One Rule 9 Legal Intern
Three FTE Legal Assistants
Two PTE Legal Assistant
Technology and Access: Prosecutor by Karpel (currently onboarding)
3 suite secured office
All employees have received Criminal Justice Information's
- System Security and Awareness Training
Judicial Information System Access
Judicial Access Browser System Access
Department of Licensing Public Access Portal Account
Snohomish County 911 Public Access Portal Account
Facsimile (FAX) Machine/Scanner with Dedicated Line
3 High Speed Copiers
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Attachment B
8.2.d
24-hour Telephone Access
Toll -Free Long -Distance Line
Law Library and On -Line Legal Research
Computer Workstations for each employee
Surface / Laptop Computer for each attorney
24-hour remote access to work e-mail
Master File Cabinets for Storage
Regular Shred Service (every other week)
Cellular Phones for every employee
2. OUR PROFESSIONAL QUALIFICATIONS
Our attorneys have a cumulative 74 years of criminal prosecution experience. Proposed lead prosecutors
are Yelena Stock and James M. Zachor. Both proposed lead attorneys have 10+ years of municipal
prosecution each. Each proposed attorney has an extensive and proven working knowledge of municipal
prosecution from review and charging cases, negotiating cases, motions practice, jury trial experience and
appellate work. Both proposed lead prosecutors are knowledgeable in the changing environment of
municipal prosecution and understand that each case presents a unique potential to not only hold people
charged with a crime accountable, but also to do so in a way that provides the best opportunity to reduce
an individual's recidivism. Both attorneys are knowledgeable in the benefits, but also the difficulties, to
therapeutic alternatives to punishment.
3. OUR UNDERSTANDING OF THE TYPE AND LEVEL OF SERVICE NEEDED
Our attorneys have been serving Edmonds as their city prosecutor's for over 20 years. The Court, the City,
and the Police Department have all seen many changes over the past years. Throughout these changes our
firm has maintained its dedication to the livability of the City and the safety of the community. Alongside
the dedicated men and women of the Edmonds Police Department and Municipal Court we believe we have
produced a positive influence and effect on the citizens of Edmonds. We continue to work with the police
department, court, and public defenders to address the needs of all court users. We strive to bring quality
service to the citizens of Edmonds. The proposed lead attorneys also have a vested interest in not only the
city of Edmonds, but also its prosecution services, to provide a long-lasting stable prosecution team for the
city of Edmonds and the Edmonds Police Department. (For specific services see Approach to Prosecution
section.)
4. OUR APPROACH TO PROVIDING SERVICES
We consider these two questions in every case we are involved with: Why did the suspect commit
this crime and how can we help prevent the individual from committing this or other crimes in the
future?
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Attachment B
Founded in classical deterrence theory we believe that punishments should be swift, certain, and
proportionate to the crime in order to appropriately deter individuals from violating the law. The
idea is that individuals who commit crimes and are caught and punished will be deterred from
future criminal activity. Therefore, the general population will be deterred from offending when
they are aware of others being apprehended and punished. While this theory has a history of
success, this theory has also been modified to include a therapeutic aspect of prosecution. This
modification serves to ensure that in addition to deterrence, it also attempts to address the
underlying cause, or causes, of the criminal behavior. Such examples are the use of alcohol, drug,
and mental health treatment as well as MRT (Moral Reconation Therapy) as alternatives to jail.
While our role as prosecutor is to ensure the safety of the public and hold those accused of
committing crimes in and against this community accountable, it is not lost on us that we have an
equally compelling role of ensuring that those accused of crimes are treated fairly. Individuals who
believe they were treated fairly will continue to hold an abiding belief in the criminal justice
system, but also seek to improve themselves by avoiding criminal behavior.
Just as it is important to hold those accused of committing crimes accountable it is equally as
important to exercise discretion when choosing whether to prosecute individuals. Not all
individuals should be charged with a crime and not all individuals charged with a crime should be
convicted. We consider, among many things, whether the punishment for the crime will serve a
1 deterrent effect, whether a public interest would be served and whether alternatives such as
treatment would serve as a better alternative to jail.
5. OUR EXPERIENCE WITH THERAPEUTIC COURTS AND OUR VIEWPOINT
Therapeutic Justice in general is a non-traditional approach towards sanctioning a defendant.
Edmonds Municipal Court and its probation department have implemented a Domestic Violence
Moral Reconation Therapy program which strives to use cognitive behavior therapy to address the
causes of domestic violence. This program now gives our office another tool to help protect society
and victims of crime. While this program is relatively new, many believe across the nation that
DV MRT is a great tool to reduce recidivism. Our office continues to emphasize the use of
alcohol/drug evaluations and mental health evaluations to address causes of criminal behavior and
develop treatment plans designed to give individuals more tools to use in order to avoid repeated
offenses. There are unfortunately barriers to access these programs for many people who find
themselves in need. This is a systemic problem across the county, state, and nation.
The proposed lead attorneys have extensive knowledge in the pros and cons of not only developing
a therapeutic court, but also in being a major participant in the running of these types of courts.
Yelena Stock was part of the Specialty Court Unit as the LINC (Legal Intervention of Network of
Care) prosecutor at the City of Seattle. This unit specifically is assigned to the therapeutic courts
in Seattle Municipal Court. These included Community Court, Mental Health Court, and Veterans
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Attachment B
8.2.d
Treatment Court. James M. Zachor was on the committee that developed and start the Marysville
Municipal Court MAP (Mental Health Alternatives Program) court. He also has been an active
participant at the city of Edmonds stakeholder meetings for the development of its own therapeutic
court. Both proposed lead prosecutors have observed other therapeutic courts (City of Everett and
City of Spokane). The attorneys will bring this knowledge to Edmonds and aid in developing its
own therapeutic court.
6. OUR EXPERIENCE WITH DIVERSION PROGRAMS AND OUR VIEWPOINT
We believe that diversion programs, properly conceptualized and effectuated, can serve as a great tool in
criminal justice. The two general types of diversion programs are pre -charge and post -charge. At present
most jurisdictions, including Edmonds Municipal Court, use post -charge diversions. The goal of a diversion
is to allow a defendant to earn a dismissal or reduction on their charges if they successfully complete a
probationary period and adhere to the terms of the diversion. Generally, those would include a combination
of community service, law abiding behavior, abstinence from drugs and alcohol, substance use disorder
treatment, mental health treatment, MRT and no contact provisions. Often post -charging diversion
programs result in dismissal or lesser charges and put the success in the hands of the defendant. If a
defendant is willing to change and address the behavior that led to criminal charges, this firm offers the
defendant that opportunity.
Some jurisdictions use pre -charging diversions. These programs very widely. Some are directed towards
certain offenses, other are directed towards certain demographics. Our firm is always willing and eager to
discuss all options as we serve the City of Edmonds.
7. OUR BELIEF ON THE ROLE OF THE PROSECUTOR AND RELATIONSHIPS WITH THE
COURT, POLICE DEPARTMENT, VICTIMS, WITNESSES, AND COMMUNITY
Due Process is the concept of fundamental fairness and it requires prosecutors to protect the rights
of victims, witnesses, law enforcement officers, the community, and the accused. Prosecutors are
ministers of justice, fairness, and equity. For most people, contact with the Municipal Court may
be their first and only exposure to the judicial system. That contact may come in the form of a
traffic or parking infraction, as a witness to or a victim of a crime or as a member of a jury panel.
A prosecutor plays a critical role in promoting due process. The prosecutor is the citizen's advocate
to ensure that all procedures required by law and court rules are followed. Through education and
the highest levels of professionalism and ethical conduct, the prosecutor is in a unique position to
foster the citizen's trust in the fundamental fairness of the justice system. This trust should never
be taken lightly.
The relationship of the prosecutor to the Police Department is essential to the efficient and diligent
prosecution of criminal activity. Availability to respond to inquiries of officers in the field
immediately over the years has been a strong point of our firm. We are available and are regularly
Packet Pg. 283
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8.2.d
called at all hours of the day and night, responding to questions from the field and in some cases
going to the Police Station and assisting in the investigation. This contact has proven valuable to
successful prosecution. Administrative questions from the police are also addressed in a timely
manner. We like to provide a regular legal training and update program to the police at shift
changes. Our firm has long-standing relationships with the police departments we serve. Attorneys
attempt to have as much face-to-face interaction with officers, police staff, and command staff as
possible.
Contact with the court staff is important to maintain a smooth and consistent calendar performance
on court days. Without this contact, the judicial system would quickly disintegrate into chaos. We
have been proactive in calendar preparation and scheduling and have always maintained a
congruent and effective relationship with the Court. We have proposed and accomplished changes
to court process and scheduling which have greatly benefited all parties.
We are proud of our ability to manage cases which includes maintaining regular contact with the
victims and witnesses. We respond regularly with victims and witnesses in updating them as to the
status of cases, pursing restitution on their behalf, and assisting them in obtaining restraining and
anti -harassment orders. While it can also be highly beneficial in adding victims of crimes receiving
justice, this firm also has experience in helping victims of crimes deal with difficult situations
when justice cannot be obtained, through helping them obtain services and compensation when it
cannot be obtained through the criminal justice system.
Contact with the community in general is an important feature of our office. Although we must
restrict dispensing legal advice to citizens, we regularly provide direction which assists citizens in
follow up to prosecution and recovery of the repercussions of such activity. We have lectured at
the criminal justice classes at Edmonds-Woodway High School and Meadowdale High School and
the paralegal/criminal justice programs at Edmonds, Community College. In addition, we assist in
training at the Lynnwood, Mill Creek and Lake Stevens Citizens Academy and would extend the
same service if requested.
8. OUR PHILOSOPHY TOWARDS PRO SE DEFENDANTS.
While a person charged with a crime has a right under the United States Constitution, there is
likewise a right for a person to represent themselves. This firm, when dealing with a pro se
defendant, strives to encourage that person to obtain legal counsel to represent them. This firm
strives to treat a pro se defendant fairly but also hold them to that same standard as required by the
court. The rights of a represented defendant and a pro se defendant are identical. However, there
are significant pitfalls that a pro se defendant faces. The criminal justice system is adversarial by
nature. Prosecutors and Defense Attorneys have extensive training and experience which gives
them the knowledge and skill to present or to defend a case. Save a few exceptions, pro se
defendants do not have this knowledge. While a pro se defendant is our "adversary" in the case, it
is imperative that we ensure that they are making a freely, knowing, and voluntary decision to
represent themselves, including guilty pleas and a jury trial. We ensure a "waiver of counsel"
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8.2.d
form has been reviewed with the judge and that the defendant is aware of their rights and risks of
being pro se.
9. OUR CLIENTS
We currently prosecutor for the Cities Arlington, Edmonds, Lake Stevens, Lynnwood, Mill Creek,
Monroe, Mukilteo, Sultan, and the Town of Woodway
10. OUR AFFILIATIONS OR CLIENTS THAT COULD CAUSE A CONFLICT OF INTEREST WITH
THE CITY OF EDMONDS
There are no such affiliations which have in the past presented a conflict with the City and we do
not anticipate any future conflicts to arise.
11. PENDING LITIGATION, JUDGMENTS AGAINST OUR ATTORNEYS, PENDING
COMPLAINTS TO THE WASHINGTON STATE BAR ASSOCIATION
There are is no pending litigation, judgment against the firm or attorney. There are no pending
complaints with the bar association.
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Attachment B
8.2.d
APPROACH TO MUNICIPAL PROSECUTION
1. Case Preparation
A prosecutor must thoroughly prepare each case in order to represent the best interests of the
community. Our office adheres to the following general procedures regarding preparation and
prosecution of criminal case.
Prosecutor Reviews. If a case is not directly filed into court, police sometime forward cases for
prosecutors. The Police Incident Report is reviewed by a prosecutor for a charging decision as to
whether charges should be filed. If a charge is appropriate, the correct charge will be recommended,
returned to the officer creating the report, and a citation issued and filed with the court. Our
prosecution team is completely educated in Sector filings.
Arraignment. n� When a charge is filed by a police officer, the Police Incident Reports is forwarded
directly to the prosecutor's office. In preparation for arraignment, the entire Police Incident Report
and supporting documents are reviewed to ensure that essential elements of the charged crime are
present.
At arraignment, if the defendant pleads guilty, we are prepared to proceed to sentencing and
conclude the defendant's case. Most often though, the defendant pleads not guilty and the prosecutor
will make recommendations regarding bail, conditions of release and no contact orders will be
proposed to the Court. If the defendant is charged with a DUI, Physical Control or a Domestic
Violence incident, an NCIC III is often requested (mandatory in DV cases), to verify out of state
charges or convictions.
Pre-Trial/Confirmation Hearing. If the defendant has entered a plea of not guilty at arraignment, a
pre-trial/calendar readiness hearing is set by the court. Prior to the hearing, any discovery demands
by defense attorneys will receive a timely response with copies of all discoverable materials in the
prosecutor's possession. It is essential that the prosecutor be current on the legal requirements of
discoverable material. Care is taken to ensure that victim/witness confidentiality requests are
honored. If the defendant is charged with a domestic violence offense, the victim is placed in contact
with the Domestic Violence Coordinator.
Obviously, this operation requires substantial paperwork and we are fully prepared with the
required documents to prosecute and settle a case. We have drafted and use our own Guilty Plea
and Stipulation forms rather than modified State or County forms. The guilty plea forms are
constantly updated to remain compliant with court rule requirements.
Motions. A prosecutor's role is to respond, in writing, to substantive motions by reviewing the
police report, evidence and applicable case law. Some motions require witness testimony and oral
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8.2.d
arguments. A prosecutor must be able to effectively, clearly and competently argue its position to
the judge.
Jury Trial/Bench "Trials. It is the role and burden of the prosecutor to prove a criminal case beyond
a reasonable doubt. The prosecutor's role to be proficient injury selection (if a jury trial) to obtain
the best possible chance of success at trial. It is also the role of the prosecutor to present all evidence
necessary to establish all elements of the crime. During this process, a significant amount of time
is spent preparing civilian and police officer witnesses for testimony and reviewing the case and
evidence.
Prosecution witnesses are contacted by the prosecutor in preparation for trial. In the event a plea
agreement is reached prior to trial or trial is continued, witnesses will be notified to avoid any
inconvenience.
2. Domestic Violence Prosecution
The prosecutor works closely with the Domestic Violence Coordinator. A criminal charge arising
from a domestic violence situation is extremely challenging due to the tension between an
adversarial trial process and the psychological issues that arise from domestic violence matters. The
prosecutor and the Domestic Violence Coordinator assist each other in facilitating a just and
appropriate resolution in the criminal process.
Prosecution of domestic violence cases requires collaboration between the prosecutor, the Police
Department and the victim, domestic violence cases require special emphasis on keeping the victim
involved, informed and protected. We recognize that the successful prosecution of this type of case
may save the life of a future victim. But, over 50% of the victims recant after the involvement of
the police or are unwilling to assist in the prosecution of their abuser. Our prosecutors are trained
to deal with the delicate balance the between the victim seeking justice and their own safety. This
can involve seeking unique resolutions or proceeding to trial without the victim.
3. Legal Updates for Police Officers
Criminal law is the most dynamic and fluid area of law being practiced today. The law surrounding
a police officer's contact with suspects is constantly changing. The prosecutor's office must work
closely with the police department to ensure that officers have up to date knowledge of case law.
We will supply the Police Departments with regular updates. Changes in the law occur when the
legislature adopts or modifies a statute, such as the constant changes to DUI laws since 1998.
Statutory changes are published monthly in the Session Laws. Prosecutors review the Session Laws,
summarize the impacts to the Police Department and provide analysis and full text of the proposed
changes to supervising officers for review and distribution.
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8.2.d
Our office has an excellent relationship with the Snohomish County Prosecutor's Office. Our firm
has represented Snohomish County as Special Prosecutors in matters where the County has a
conflict or for some reason cannot prosecute.
4. Ability to Contact the Prosecutor
Effective prosecution requires communication. The prosecutor must be accessible to the Court and
the police department for immediate response to questions. We "field" calls at all times of the day
and night.
During business hours, contact may be made with our prosecution team members and office staff.
If no prosecutors are available in the office at that time, the office will be able to immediately
contact a prosecutor by cellular phone, text message or email.
For purposes of immediate contact during non -business hours, the police department will be
provided with cellular telephone number, home telephone numbers and addresses of the lead
prosecutors and supervising attorneys.
5. Appeals
Most appeals are started after the prosecutor wins a motion or jury/bench trial. Prosecutor appellate
work is reactive in nature, where the prosecutor responds to appeals filed by defendants. Adverse
findings against the defendant can be appealed as a matter of right. There does not need to be an
error by the police or prosecution for this. In the course of the past representation of the City of
Edmonds, this office has initiated one appeal. That appeal was successful in that the City prevailed
both at the Superior Court and Court of Appeals. Most of the appeals initiated are by the defendant
and the city historically succeeds.
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Attachment B
8.2.d
BID & COST QUOTATION
1. Our proposed Contract Rate is $19,800.00 per month for Base Prosecution Services, for such
duties set forth in the City proposal of services. Forfeiture cases (drug, felony and firearms)
shall be paid at the rate of $300.00 per case if such has not been removed from hearing before
the Chief Law Enforcement Officer or his designee.
2. Hourly Rate of per hour for Specialty Services:
2.1 RALJ appeals and Extreme Risk Protection order cases filed at Superior Court ($250.00
per hour);
2.2 Appeals filed at the Court of Appeals ($300.00 per hour);
2.3 Appeals filed at the Supreme Court ($300.00 per hour);
2.4 Cases filed at the District Courts that are not criminal gross misdemeanors or
misdemeanors (examples include forfeiture cases removed to District Court) ($250.00 per
hour);
2.5 Such other activities or appearances, not accounted for above (such as review and re -write
of city criminal/traffic/animal/parking codes), which are agreed to by the City of Edmonds
and Zachor & Thomas (fee to be negotiated).
3. Expenses and Costs:
3.1 The City of Edmonds shall reimburse the Zachor & Thomas for any reasonable out-of-
pocket expenses that may be required, in excess of the standard scope of services (appellate
filing fees etc.) in the performance of its duties as Prosecuting Attorney;
3.2 Expenses of witnesses, expert witnesses, transcripts and transcriptions services, and
interpreters, as may be required from time to time, shall be the sole responsibility of the
City.
3.3 Cost of living increase annually of 4%;
3.4 Upon 10% increase in filings from 2020 filings, contract fee will be revisited and
renegotiated.
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Attachment B
FREQUENTLY ASKED QUESTIONS
We have hereafter tried to answer some of the "often asked questions" of our firm in relation
to our municipal court prosecution. If there are any other questions regarding our operations,
policies or any matters before the selection process, we look forward to responding.
What steps will you take as Prosecutor to assure that violators are prosecuted to the full
extent of our community's standard?
It is the position as prosecutor to perform its duties within acceptable ethical standards as set
forth by the Professional Code of Conduct. The primary requirement of a prosecutor is to hold
.2
a perpetrator accountable for his or her criminal activity. In attempting to accomplish this aim,
in
as a prosecutor we balance accountability with consideration for the victim and community
standards. While "punishment" is a primary end, it may be accomplished in several ways,
such as incarceration, restrictive conduct, probation and financial remuneration (to the victim
Q
and the City). In addition, due consideration should be given in cases to rehabilitation and
r
therapeutic alternatives, especially where family interests are brought into play.
m
N
O
Accountability commences with the first offer extended to the perpetrator and continues
a
through the completion of the case, whether he or she is found guilty or not guilty.
} Having prosecuted cases at the misdemeanor and gross misdemeanor level for over 25 years,
averaging over 10,000 cases a year, we are well versed in prosecution techniques, defense
strategies and the various approaches to punishment.
Discuss your philosophy pertaining to plea-bargaining and how you apply it in this
position?
The City of Edmonds uses "direct filing" (Officers directly file criminal charges into court)
on the majority of its criminal cases. Not all cases filed are provable beyond a reasonable
doubt. Police can commence a case with only the requirement of probable cause. The
prosecutor must proceed with in good faith, understanding that crime must be proven beyond
a reasonable doubt. Sometimes a case may lack sufficient evidence or witnesses cooperation
to secure a conviction. However, as experienced prosecutors, we analyze and prosecute cases
with the evidence that is presented and accordingly with our ethical duty. This results in the
use of post -filed diversion agreements and amendments to "lesser charges" as plea-bargaining
tools. They typically require the defendant to take affirmative steps to "earn a better result."
Generally, the defendant performs community service, attends AA/NA classes, anger
management classes, DV and DUI victim impact panels, MRT, other substance abuse
treatments, and in some cases apology letters to a police officer. If the defendant chooses to
proceeded to trial, an experienced prosecutor will weigh the chances of success at trial against
potential plea bargain offers.
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Attachment B
An important consideration is the availability of jury trial time in relation to the number of
cases. Defense attorneys are quite knowledgeable in the fact that the Court is limited in its
ability to try a certain number of jury trials. Thus, plea bargaining requires an experienced
prosecutor in dealing with defense attorneys. The prosecutors earn the respect of the defense
attorney in bargaining by being prepared to go to trial and being fair in negotiations. Respect,
honesty and preparation are essential, which we demand from our prosecutors.
As Prosecutor how will you handle subpoenas, discovery and related public disclosure
requests?
We are in the process of going live with Prosecutor by Karpel (PBK). PBK is a leading
software solution for criminal prosecution, serving over 300 agencies across 27 states. PBK
is also Criminal Justice Information System (CJIS) compliant. It will allow our office to
maintain a completely digital case file and fully digital record retention. Features of PBK will
allow us to send discovery electronically via a secure e-mail. Additional features will allow
us to provide greater outreach to victims of crimes and more complete case files (integrations
with voicemail, e-mail, photos, videos, and file documents).
We currently have a regular process for the issuance of discovery; the issuance of subpoenas;
the ordering of CCDRs from the Department of Licensing; the ordering of NCIC I11, photos,
and videos from the police departments; the ordering of 911 tapes from Snohomish County
911; PBK will also ensure that such evidence is stored on a digital case file. The use of PBK
will create a more efficient discovery process between the police department, our office, and
defense counsels. PBK is currently serving the following Washington jurisdictions: Chelan
County, City of Kelso, Columbia County, Cowlitz County, Douglas County, Franklin County,
Grant County, Grays Harbor County, Island County, King County, Klickitat County, Mason
County, Yakama Nation Prosecutor, Pacific County, San Juan County, Stevens County, Walla
Walla County.
As to requests for public disclosure, most often these are responded to by the City Attorney.
Most documents requested are typically for items under the control of the City or the Police
Department. Our firm strives to respond promptly to requests by the City and Police
Department so that they can comply with the requirements for public disclosure request.
What level of availability would you have to staff during both working and off -hours?
Our office is located at The Sunset Building, 23607 Highway 99, Suite 1D, Edmonds,
Washington. Our office hours are Monday through Friday, 7:30am to 5:OOpm, albeit we are
often in the office during weekends and after hours, depending on the work requirements. We
have seven full time attorneys located in the office with usually two Rule 9 legal assistants,
as well as, support staff. All in our office have their own desktop computer, laptop/"Surface"
and full legal research capabilities and access to the Judicial Access Browser System (JABS).
The lead prosecutors are on call twenty-four (24) hours a day -seven (7) days a week (including
major holidays such as Thanksgiving and Christmas). A special business card is provided to
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8.2.d
the police department, with cell phone numbers of the lead prosecutors and supervising
attorneys for necessary late -hour needs. We also have a long distant toll -free number and
access to e-mail from our homes.
What steps would you take to assure a timely resolution of cases, staff requests and
related matters?
The process we have established provides for a timely resolution of cases. Our attorneys are
experienced in accessing a case and setting a time schedule for its completion. Offers are
prepared for arraignment and quite often we are able to reach settlements at the first hearing.
Specific staff requests and questions will generally be dealt with immediately. However, it
his helpful that if any specific actions are required, that the staff provide to our office a priority
schedule within which to accomplish their task.
Who has the lead responsibilities and how is the scheduling performed?
Yelena I. Stock and James M. Zachor will have the primary responsibility for the operation
and performance of the contract with Edmonds. They both are partners/shareholders in the
firm and are responsible for the scheduling and distribution of the work assignments.
Promptness and preparedness are essential to the proper practice of law and anything less is
not acceptable. Much of the preparation for court occurs at the office and includes extensive
negotiation with defense attorneys prior to the scheduled court date. Scheduling of court
appearances is handled by both Ms. Stock and Mr. Zachor to ensure that all court calendars
are covered with ample time to prepare cases outside of court for each attorney.
We look forward to answering any questions the City of Edmonds may have regarding our
operations and policies.
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Attachment D
Additional Coverage Attorneys
John R. Eltringham, WSBA 27810
PO Box 1625
Woodinville, WA 98072-1625
206-650-6560
John is a very experienced criminal attorney having worked for about 20 years in district,
municipal, and superior courts. He served as a backup / coverage attorney for me in the Cities of
Snohomish and Fife many times over the years. We have a professional relationship and
continue to work together on criminal matters, assisting each other with motions, briefs and court
coverage issues.
Vance P. Odell, WSBA 13183
3630 Colby Ave
Everett, WA 98201-4714
425-303-0617
Vance has been a long term, over 20 years, public defender in Municipal Court, and has covered
for me several times as a Prosecutor in Fife over the years. He has an immense amount of
District and Municipal Court experience, and I worked with him for about 15 years in Marysville
when I was the Prosecutor and he was Public Defender.
In all the years that I had been doing criminal prosecution for Snohomish, Marysville, Black
Diamond, Milton, Fife and Bonney Lake, I never had a time when I was not able to get court
coverage from one of the three individuals I have included in my proposal.
Vacations are always scheduled well in advance, and Chris Griffin is my coverage person for
those times.
John Eltringham and Vance O'Dell would be utilized sparingly, most likely for health related
issues that presented problems at the last minute when Chris Griffin could not otherwise cover
the hearings.
Packet Pg. 293
Attachment E
8.2.f
AMENDMENT NO.3
TO PROFESSIONAL SERVICES AGREEMENT
PROSECUTING ATTORNEY SERVICES
WHEREAS, the City of Edmonds, a Washington municipal corporation (hereinafter
referred to as the "City"), and the Law Offices of Zachor & Thomas, Inc., P.S. (hereinafter referred
to as the "Consultant"), entered into an underlying agreement for the provision of prosecuting
attorney services dated January 2013 (hereinafter referred to as the "Underlying Agreement"); and
WHEREAS, the Underlying Agreement, pursuant to its Amendment 2, is scheduled to
expire on December 31, 2018, but whereas the Underlying Agreement provides the Consultant the
opportunity to submit a proposed contract amendment or extension; and
WHEREAS, the parties have agreed to extend the Underlying Agreement through the
2019 calendar year with an option for a yearly renewal by agreement of the parties prior to the end
of 2019; and
WHEREAS, the parties have agreed to increase the payments to be made pursuant to the
Underlying Agreement for the 2019 calendar year, and agree to extend the term of the Underlying
Agreement until December 31, 2019 at the payment rates set forth below;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by
and between the parties thereto as follows:
1. The Underlying Agreement, which is incorporated by this reference as if
fully set forth herein, is amended in, but only in, the following respects:
1.1 Payments. Sections 2.1 and 2.2 of the Underlying Agreement shall be amended as
follows, which provisions shall apply to payments made during the 2019 and 2020
calendar years if the parties agree to the yearly renewal:
2.1 Base Rate: The Prosecutor shall receive a monthly retainer of TWENTY
THREE THOUSAND EIGHT HUNDRED AND SEVENTY DOLLARS AND
10/100 ($23,870.10), per month for performance of those duties set forth in
Attachment A, Scope of Work 2017. That retainer shall increase by 3% as of
January 1, 2020, should the contract be extended by agreement.
2.2 Hourly_ Rate: Services performed outside the scope of work described in
Attachment A, or which may be mutually agreed upon to be added at a later date,
or additional court calendars, including preparation and appearance time, shall be
in addition to the base rate set forth in paragraph 2.1. Absent a separate agreement,
those services shall be billed at a rate of ONE HUNDRED TWENTY-FIVE
DOLLARS ($125.00) per hour. Any Rules of Appeal of Decisions of Courts of
Limited Jurisdiction (RALJ) case filed in Superior Court, or criminal case filed into
Packet Pg. 294
8.2.f
the South Division of Snohomish County District Court shall be billed at the rate
of ONE HUNDRED TWENTY-FIVE DOLLARS ($125.00) per hour. Forfeitures
shall be billed at a flat rate of THREE HUNDRED DOLLARS ($300.00) per case.
Any other cases filed at the Court of Appeals; cases filed at the Supreme Court;
cases filed in another Division of the Snohomish County District Court; forfeiture
cases removed pursuant to statute; and such other activities agreed to by the City
and the Consultant, shall be billed at ONE HUNDRED FIFTY DOLLARS
($150.00) per hour. The Consultant shall obtain written approval from the City
prior to pursuing appeal of any matter beyond the Superior Court.
1.2 Scope of Work. The Attachment A Scope of Work to remain the same as attached
to Amendment No. 2 to the Prosecution Services Agreement dated February 8, 2017.
Should the legislature decriminalize DWLS III, and should such legislation significantly
reduce the City's criminal traffic filings, and should those filings not be offset by an
increase in traffic infraction filings, the City and Consultant reserve the right to renegotiate
the rate in paragraph 2.1.
2. In all other respects, the Underlying Agreement between the parties shall
remain in full force and effect, amended as set forth herein, but only as set forth herein. The
parties' Amendment 2 to the Underlying Agreement shall be of no further force or effect.
DATED this VW day of A,,re91. , 2018.
CITY • EDMONDS ZACHOR & THOMAS, INC., P.S.
vi .O. Earlin ,Mayor 4H.JamZa h Jr.ts: Present
ATTEST/AUTHENTICATED :
Sc❑ ey, City Clerk
APPRO D AS TO FORM:
Office of the City Attorney
Packet Pg. 295
8.2.f
Attachment A
Scope of Work 2017
Zachor & Thomas Prosecution Services
The Consultant shall provide the following services:
1. Review police incident reports for determination of charging; if reviews exceed 125
cases per year the Consultant shall bill hourly for services with a cap of $150.00 per case;
2. Maintain all current cases in an appropriate filing system;
Review and remain familiar with filed criminal misdemeanor and gross
misdemeanor cases;
4. Interview witnesses as necessary in preparation of prosecution cases;
S. Respond to discovery requests, make sentence recommendations and prepare legal
memoranda, when necessary;
6. Prepare cases for trial, including the issuance of witness subpoenas (for service by
the Police Department, when applicable), conduct evidence retrieval (with the assistance of
the Police Department and other City agencies), and prepare jury instructions, as
necessary;
7. Represent the City at all arraignments, pretrial hearings, motion hearings, review
hearings, in -custody hearings and trials on currently scheduled court days as of 2016;
8. Prosecute contested code and traffic infraction violations which are scheduled on
the regular criminal calendar;
9. Represent the City in the prosecution of drug, felony, and firearm forfeitures that
are filed by the City in the Edmonds Municipal Court or Lynnwood Municipal Court.
Forfeitures shall be billed at a flat rate of $300 per case. Notice of Intended Forfeitures
and Seizure Hearings shall be set in the Court of jurisdiction within 90 days of receipt of
Notice of Demand for Hearing;
10. Be available to the Police Department for questions at all reasonable times, by
providing appropriate telephone numbers, cell phone numbers, e-mail addresses, and voice
mail access. Calls shall be returned as soon as practicable
At a time and date to be mutually agreed upon by the parties, the Consultant shall conduct
yearly training with the Police Department.
Packet Pg. 296
8.2.f
The Consultant maintains a business office in the City of Edmonds and Police Officers may
meet with the Consultant during normal business hours, when the Consultant is available;
11. Consult with the City Attorney, as needed, regarding Edmonds City Code
amendments.
Services provided under this Agreement play an important part in fostering public
confidence in the criminal justice system and are an important and essential part of law
enforcement. All services provided under this Agreement shall be in accord with the Rules
of Professional Responsibility, local court rules and the normal standard of care among
prosecutors in Western Washington.
Packet Pg. 297
8.2.g
Attachment F
Services:
John Rodabaugh II would be the primary prosecutor assigned to Edmonds Municipal Court,
appearing at all court hearings, with Chris Griffen as back up. Please name any other back up
prosecutors.
I spoke with Mr. Griffen yesterday, he is willing to guarantee, in his role as back up, that if
there should be a sudden disability or death of the primary prosecutor that for the time
necessary for the City to choose a successor to the contract, for which he understands he
would be a candidate, that he would fulfill the role of primary prosecutor along with other
back up attorneys approved by the City.
My Additional back up prosecutors are as follows; more information was provided
concerning these individuals at my second interview.
John R. Eltringham, WSBA 27810
Vance P. Odell, WSBA 13183
I have made some changes to the Scope of Services, the additions are in red bold, I have made no
deletions.
If chosen for this contract, I agree that the scope of work provided will include the provision of
any and all services in order to conduct municipal court prosecution for the City of Edmonds,
including but not limited to:
1. Review police incident reports for determination of charging; and provide written
reasons for any decline to prosecute;
2. Maintain all current cases in an appropriate filing system, using an electronic case
tracking system and means of communication with the City on software approved
by the City of Edmonds; and prepare reports regarding services rendered to the
Mayor and City Council on at least an annual basis.
3. Review and remain familiar with filed criminal misdemeanor and gross misdemeanor
cases;
4. Interview witnesses as necessary in preparation of prosecution cases;
5. Respond to discovery requests, make sentence recommendations and prepare legal
memoranda, briefs, and motions, when necessary;
6. Prepare cases for trial, including the issuance of witness subpoenas (for service by the
Police Department, when applicable), conduct evidence retrieval (with the assistance of
the Police Department and other City agencies), and prepare jury instructions, as
necessary;
7. Represent the City at all arraignments, pretrial hearings, motion hearings, review
hearings, in -custody hearings, and trials, bail forfeiture hearings, and special hearings
not limited to motions to vacate convictions and concealed pistol license denial
hearings;
Packet Pg. 298
8.2.g
8. Prosecute contested code and traffic infraction violations which are scheduled on the
regular criminal calendar and/or for which an attorney has appeared;
9. Represent the City in the prosecution of drug, felony, and firearm forfeitures that are filed
by the City in the Edmonds Municipal Court or Lynnwood Municipal Court. Notice of
Intended Forfeitures and Seizure Hearings shall be set in the court of jurisdiction within
90 days of receipt of Notice of Demand for Hearing;
10. Be available to the Police Department for questions at all reasonable times, by providing
appropriate telephone numbers, cell phone numbers, email addresses, and voice mail
access. Calls shall be returned as soon as practicable;
11. At a time and date to be mutually agreed upon by the parties, conduct at minimum
yearly training with the Police Department. Training will be provided on an ongoing
as needed basis to be agreed by the parties, the Prosecutor shall make reasonable
efforts to minimize the overtime costs for these trainings to the City by conducting
training sessions during regularly scheduled work times for officers, including at
times to accommodate both day and swing shifts, and reasonable efforts will be
make the training available for graveyard shift employees.
12. Be available for meeting with police officers in Edmonds during normal business hours,
when the prosecutor is available. I am willing to schedule meetings with officers
outside of normal business hours, if necessary, such as evening meetings with swing
shift or early morning meetings with graveyard to accommodate the Officer's
schedule and minimize overtime expenses to the City.
13. Consult with the City Attorney, as needed, regarding Edmonds City Code amendments,
including the attendance at City Council meetings as requested, and consult with
other City Staff, particularly the Police Chief or designee to develop and enforce
consistent policy for the provision of criminal justice needs.
14. Prosecute cases in both traditional court; and, if commencing during the contract term,
Community Court at Swedish or other location;
15. Participate in a DWLS diversion/relicensing program;
16. Handle RAU appeals, all aspects of appeals from Edmonds Municipal Court orders
including when leave is granted by the Court of Appeals or State Supreme Court;
and will assist the City Attorney or designee in any actions brought in Federal Court
regarding the actions of the Edmonds Police Department or Edmonds Municipal
Court.
17. Handle Extreme Risk Protection Orders;
18. Advise officers in writing and orally on interpretation and implementation of new laws
relating to criminal police practice training for officers;
19. The Court can change its court hearings schedule, rearranging days of the week and
times, upon 30 days' notice to prosecutor, and such changes are anticipated to occur
during the contract term; the prosecutor shall make reasonable efforts in consultation
with the Court to allow for Night Court if the Court desires and
20. At its discretion, Edmonds may move away from direct filings.
If criminal case filings (not infractions) increase or decrease by over 10% from calendar year
2020, the contract base fee may be renegotiated.
Packet Pg. 299
8.2.g
My proposal as previously stated is to provide the above detailed services for the flat rate of
$20,000 per month, and to have the City pay taxable costs such as transcription costs, and filing
fees on appeal limited to $5000 per year, invoiced at cost with no markup to the City.
My proposal is a guaranteed price with no increase in costs for a three-year period, except as
provided for large filing fluctuations over 10% as previously proposed by the City and may be
renewed for an additional three-year period with the inclusion of increases based on CPI.
Please assume for purposes of your proposed price a 3-year contract term.
Packet Pg. 300
8.2.h
Attachment G
BID & COST QUOTATION
1. Proposed contract rate is $21,250 per month for Base Prosecution Services as set -forth in
attachment A. Base rate includes up to 8 new forfeiture cases per calendar year, unless a forfeiture
case has been removed from hearing before the chief law enforcement officer or designee, and 4
new appeals per calendar year.
2. Separate billing rate (per hour or per case basis) for specialty services and services outside scope
Base Prosecution Services:
2.1 — Extreme Risk Protection Order cases filed at municipal court and superior court - $125.00
per hour;
2.2 - RALJ cases filed at the Snohomish County Superior Court which exceed the base contract
agreement of 4 new appeals per calendar year - $250.00 per hour;
2.3 - Appeals filed at the Court of Appeals —Division I, and Washington State Supreme Court
$400.00 per hour or to be handled separately by the City attorney's office;
2.4 - Cases filed at Snohomish County District Court — South Division that are not criminal gross
misdemeanors or misdemeanors (examples include forfeiture cases removed to District Court)
($250.00 per hour);
2.5 — Forfeiture cases filed which exceed the base contract agreement of 8 new cases per calendar
year, shall be billed at $350.00 per case, unless such case is removed from hearing before the chief
law enforcement officer or designee, in which case the hourly rate shall be $250.00 per hour;
2.6 - Such other activities or appearances, not accounted for above (such as review and re -write of
city criminal/traffic/animal/parking codes), which are agreed to by the City of Edmonds and
Zachor & Thomas (fee to be negotiated).
3. Expenses and Costs:
3.1 The City of Edmonds shall reimburse the Zachor & Thomas for any reasonable out-of-pocket
expenses that may be required, in excess of the standard scope of services (appellate filing fees
etc.) in the performance of its duties as Prosecuting Attorney;
3.2 Expenses of witnesses, expert witnesses, transcripts and transcriptions services, and
interpreters, as may be required from time to time, shall be the sole responsibility of the City;
3.3 Cost of living increase annually of 3%;
3.4 If the criminal case filings (not infractions) increase or decrease by over 20% from calendar
year 2020, the contract base may be renegotiated.
Packet Pg. 301
8.2.h
Attachment A
Scope of Work 2020-2023
Zachor and Thomas, Inc. P.S Prosecution Services
The Consultant shall provide the following services:
1. Yelena Stock will be the supervising prosecuting attorney assigned to Edmonds Municipal
Court;
2. Review police incident reports for determination of charging using the "SECTOR"
charging process; if reviews exceed 125 cases per year, the Consultant shall bill each
additional case at $175.00 per case. Such billing shall only apply so long as the City utilizes
direct filing by the Edmonds Police Department and use of the SECTOR charging process;
3. Maintain all current cases in an appropriate filing system;
4. Review and remain familiar with filed criminal misdemeanor and gross misdemeanor
cases;
5. Interview witnesses as necessary in preparation of prosecution cases;
6. Respond to discovery requests, make sentence recommendations and prepare legal
memoranda, as necessary;
7. Prepare cases for trial, including the issuance of witness subpoenas (for service by the
Edmonds Police Department, when applicable), conduct evidence retrieval (with the
assistance of the Edmonds Police Department and other City agencies), and prepare jury
instructions, as necessary;
8. Represent the City at all arraignments, pretrial hearings, motion hearings, probation review
hearings, in -custody hearings, and trials on currently scheduled court days as of 2019;
9. Consultant anticipates that Edmonds Municipal Court will create a post -conviction (to
include Diversion agreements and Stipulated Order of Continuance cases) community
court which will replace one probation review calendar, as currently scheduled in 2019.
Consultant further anticipates that the prosecutor will appear at Swedish Hospital or other
designated location within the City limits of Edmonds.
Packet Pg. 302
8.2.h
If there is any deviation relating to the Community Court schedule, that does not replace a
currently scheduled court calendar, as currently scheduled in 2019, to included additional
Community Court calendars, each calendar shall be billed at a rate of $300 per calendar;
10. Prosecute contested traffic and civil infractions where the respondent is represented by an
attorney or where an officer has been subpoenaed;
11. Defend the Edmonds Police department in dangerous dog appeals and potentially
dangerous dog appeals;
12. Defend the Edmonds Police Department in impound/tow hearings;
13. Represent the City in the prosecution of drug, felony, and firearm forfeitures that are filed
by the City, to be heard by the chief law enforcement officer or designee. Notice of
Intended Forfeitures and Seizure Hearings shall be set in the before the chief law
enforcement officer or designee within 90 days of receipt of Notice of Demand for Hearing.
If the number of new forfeiture cases filed by the City exceeds 8 new cases per calendar
year, each additional case above 8 cases shall be billed at $350.00 per case; provided that
such a case has not been removed from hearing before the chief law enforcement officer
or designee. If any case, above the 8 new cases per calendar year, is removed from hearing
before the chief law enforcement officer or designee the Consultant shall bill at a rate of
$250.00 per hour.
All forfeiture cases filed by the City prior to January 1, 2020 shall be billed at a rate of
$300 per case, if such case has not been removed from hearing before the chief law
enforcement or designee. If any such case is removed from hearing before the chief law
enforcement officer, the Consultant shall bill at a rate of $125.00 per hour;
14. Consultant shall be available to the Edmonds Police Department for questions at all
reasonable times, by providing appropriate telephone numbers, cell phone numbers, email
addresses, and voice mail access. Calls shall be returned as soon as practicable; Consultant
shall make available a prosecutor to be "on -call" after hours;
15. At a time and date to be mutually agreed upon by the parties, Consultant shall conduct
yearly legal update training with the Edmonds Police Department;
16. Be available for meeting with police officers in Edmonds during normal business hours,
when the prosecutor is available;
17. Consult with the City Attorney, as needed, regarding Edmonds City Code amendments;
18. Consultant shall collaborate with the public defender and the Edmonds Municipal Court to
create a post -filing, pre-trial DWLS 3 diversion program;
Packet Pg. 303
8.2.h
19. Consultant shall appear and defend any RALJ appeal filed in Snohomish County Superior
Court. The base contract rate includes up to 4 new appeals filed in a calendar year.
If the number of new RALJ appeals filed exceeds 4 new appeals per calendar year, each
additional appeal above 4 appeals shall be billed at a rate of $250.00 per hour.
All RAU appeals filed in Snohomish County Superior Court prior to January 1, 2020 shall
be billed at a rate of $125.00 per hour.
All cases filed at the Court of Appeals or Washington State Supreme Court shall be billed
separately at a rate of $400.00 per hour or shall be handled by the City Attorney;
20. Advise police department on interpretation and implementation of new laws relating to
criminal laws;
21. The Court can change its court hearings schedule, rearranging days of the week and times,
upon 60-days notice to Consultant, and such changes are anticipated to occur during the
contract term; provided that any additional or added calendar(s) or current calendars re -
categorized to a different type of calendar (i.e. changing a motion calendar to a second pre-
trial calendar) as set for 2019, shall be billed at $750.00 per calendar;
22. At its discretion, Edmonds may move away from direct filings, however, in the event of
such a move, the base monthly contract rate shall increase by 40% to account for additional
staffing needs of the Consultant (to include review and charging on weekends and
holidays).
Packet Pg. 304
Attachment H
8.2.i
Attorneys at Law:
H. James Zachor, Jr.
James M. Zachor
Yelena I. Stock
Chad W. Krepps
Jeffrey D. Leeper
Katrina E. Donovan
Hana Lee
Sara J. Anderson, Rule 9
Legal Assistants:
Erin M. Ortega
Susan E. Bolles
Lucas E. Bolles
Alisa Das
Zachor & Thomas, Inc., P.S.
Prosecuting Attorneys
The Sunset Building
23607 Highway 99, Suite 11)
Edmonds, WA 98026
Tel. 425.778.2429
FAX 425.778.6925
September 18, 2019
To: Edmonds Prosecution Services Proposal Review Panel
City of Arlington
City of Edmonds
City of Lake Stevens
City of Lynnwood
City of Mill Creek
City of Monroe
City of Mukilteo
City of Sultan
Town of Woodway
RE: Request for amended proposal for Prosecution Services — Lead prosecutor language
To Review Panel,
The law firm Zachor and Thomas, Inc. P.S. received a request for amended language to its proposal
for the City of Edmonds Prosecution Services, specifically requesting that we name a "lead
prosecutor" in the contract for services. This came after a prior request to provide an amended
proposal to included services that were previously considered "extra" billable services.
After careful consideration and discussion amongst the Zachor and Thomas, Inc. P. S. shareholders,
our firm has concluded that the language provided in the previously amended proposal of
"supervising attorney" is consistent with the previous contract with the City of Edmonds.
Therefore, Zachor and Thomas, Inc., P.S. proposes the following language:
Yelena L Stock and James M. Zachor shall be the supervising attorneys for the City of Edmonds.
A "supervising attorney," by our definition, is an attorney who carries an active Edmonds case
load, appears in court, maintains the relationship with officers and supervises other attorneys under
his or her control in order to ensure that the City is represented in a competent and ethical manner
that is consistent with the special obligations of a prosecutor under the Rules of Professional
Conduct and the expectations of the City of Edmonds.
Should the City of Edmonds select Zachor and Thomas, the City would be served by a team of
prosecutors with a combing 74 years of expertise, each with specialized knowledge in various
areas of municipal prosecution. Each able to handle cases in the event of sickness, vacation,
conflict, or case load demands.
Packet Pg. 305
8.2.i
We have represented eleven different cities over the course of twenty years, with fourteen years
representing the City of Edmonds as its prosecutor. Our firm has borne witness to the increased
need for prosecutors assigned to Edmonds Municipal Court. The City's desire for longevity and
continuity is the sole reason why Zachor and Thomas has prepared its proposal in the manner is
has. Not naming a specific person as a "lead prosecutor" in no way detracts or diminishes our
service, dedication, or devotion to the City of Edmonds or its citizens.
Changes to the public defense ethics requirements set forth by the Washington State Supreme
Court required the City to hire additional public defenders. Due to this increase more than one
prosecuting attorney is needed in order to be both competent and ethical. This necessitates a
supervising attorney, or attorneys, who are active and knowledgeable about cases currently being
handled in court. They will be able to delegate, to ensure continuity, consistency, and trust between
the prosecutor's office and the police department. Our firm has proposed two supervising attorneys
who are also shareholders. Both Ms. Stock and Mr. Zachor will carry active Edmonds caseloads.
Our reasoning: 1) It provides for flexibility of multiple attorneys to handle the large case load
without diminishing the quality of service. 2) It allows for prosecutors to focus resources on cases
that are important to the police department and the community. 3) It does not compromise the
ethical obligations of a prosecutor or our duty to the citizens of Edmonds. 4) Multiple attorneys
alleviate negative outcomes caused by high case demand. 5) Naming a lead prosecutor, dictates
the business practices of our law firm and hinders our ability to provide high quality, competent,
and ethical representation.
It is for the reasons stated above that Zachor and Thomas, Inc., P.S. submits the proposed language
naming two supervising attorneys. Should the panel have any questions, comments, or concerns,
please feel free to contact our office.
Very Truly Yours,
James . Zachor, WSBA 41688
uj:Rn--�-IC2 -
Yelena tock, WSBA 41248
Chad Krepps, WSB 45279
Packet Pg. 306
8.3
City Council Agenda Item
Meeting Date: 10/22/2019
City Attorney Evaluation
Staff Lead: Tom Mesaros/Dave Teitzel
Department: City Council
Preparer: Maureen Judge
Background/History
N/A
Staff Recommendation
N/A
Narrative
The Council will review the revised tally sheet that has the "true median score" and discuss next steps
for potential action.
Attachments:
Evaluation Tally 191018
Packet Pg. 307
City of Edmonds
Summary Scores from City Attorney Services Evaluation
Respondents:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Mean Score*
Median Score*
Question Numbers:
1.a
7
7
7
5
7
5
7
6
7
7
7
7
7
6.62
7.00
1.b
7
7
7
3
6
4
7
5
5
3
6
7
5
6
5.57
6.00
1.c
7
7
5
5
7
5
7
6
7
2
7
7
7
7
6.14
7.00
1.d
3
7
5
7
7
5.80
7.00
1.e
7
6
7
5
7
6
7
7
7
6
7
7
7
6.62
7.00
1.f
6
7
4
5
7
6
7
1
7
7
7
6
5.83
6.50
1.g
7
7
6
3
7
7
6
7
1
4
7
7
6
5.77
7.00
2.a
7
7
6
5
6
5
7
6
7
2
6
7
7
6
6.00
6.50
2.b
7
7
7
6
7
5
7
6
7
1
7
7
7
6
6.21
7.00
2.c
6
7
7
4
7
4
7
6
6
5
71
6
6
6.00
6.00
2.d
5
7
7
5
7
5
6
6
7
6
6
6.09
6.00
2.e
5
7
6
2
4
3
7
6
6
7
7
7
7
5.69
6.00
2.f
6
7
6
5
6
4
7
5
7
2
6
7
7
6
5.79
6.50
2.g
6
7
5
5
6
5
7
6
6
4
7
7
7
5
5.93
6.00
2.h
6
7
5
3
5
5
7
2
6
7
6
6
5.42
6.00
2.i
7
7
6
3
7
2
6
6
5
7
6
5
5.58
6.00
2. j
1 7
71
5
31
7
2
5
5
6
7
5
6
5.42
5.00
3.a
6
7
4
4
4
7
6
7
7
7
6
6
5.92
6.00
3.b
7
7
5
6
4
7
7
7
7
7
6
5.83
7.00
3.c
7
7
5
7
5
7
7
7
7
7
7
7
6.67
7.00
3.d
7
7
6
7
6
7
7
7
7
7
6.80
7.00
3.e
7
7
4
6
5
7
6
7
7
7
6.30
7.00
If
7
7
3
4
5
6
7
6
7
7
7
6.00
7.00
October 18, 2019
Packet Pg. 308
City of Edmonds
Summary Scores from City Attorney Services Evaluation
4.a
7
7
3
4
7
4
7
5
6
7
7
7
6
5.92
7.00
4.b
6
3
5
5
5
5
6
5
7
6
5
5.27
5.00
5.a
7
7
7
7
7
7
7
7
7
7.00
7.00
s.b
6
7
6
7
7
6
6.50
6.50
5.c
6
4
2
1
5
1
2
5
7
6
1
3.64
4.00
s.d
5
7
7
5
6
7
6
7
6
7
7
7
6.42
7.00
5.e
7
7
7
7.00
7.00
S.f
7
5
5
2
5
2
7
1
4
7
6
5
4.67
5.00
5.g
7
7
4
7
7
7
7
7
6.63
7.00
S.h
7
6
4
5
7
7
6
6
7
7
7
6.27
7.00
SJ
7
7
4
3
7
7
6
6
7
7
7
6.18
7.00
6.a
6
6
1
4
3
7
4
5
1
5
7
5
4
4.46
5.00
6.b
7
7
7
5
7
4
7
5
6
2
6
7
5
6
5.79
6.00
6.c
7
7
5
4
7
5
7
5
5
2
7
7
7
6
5.79
6.50
6.d
7
5
4
5
7
5
7
4
4
2
6
7
6
5
5.29
5.00
6.e
6
6
4
5
5
7
4
5
2
4
7
6
6
5.15
5.00
6.f
6
7
1
2
3
7
4
6
1
5
7
6
4
4.54
5.00
6.g
7
7
7
5
7
5
6
6
7
7
7
6
5.92
7.00
6.h
6
7
1
5
7
5
7
6
1
6
7
7
6
5.46
6.00
6J
7
7
5
3
6
3
7
7
2
5
7
7
5
5.46
6.00
7.a
7
7
5
5
7
5
7
6
6
6
7
7
6
6.23
6.00
7.b
7
7
5
5
7
5
7
6
7
7
7
7
6
6.38
7.00
7.c
7
5
4
3
4
3
3
7
4
7
7
5
4.54
4.50
7.d
7
7
7
2
7
2
6
7
7
7
7
7
5.62
7.00
7.e
7
7
5
5
7
6
7
7
6
6.33
7.00
7.f
7
7
2
7
3
7
7
6
6
7
7
6.00
7.00
7.g
1 7
71
4
61
7
51
7
71
7
51
7
71
7
61
6.36
7.00
r
Q
October 18, 2019
Packet Pg. 309
City of Edmonds
Summary Scores from City Attorney Services Evaluation
7.h
7
7
4
4
1
6
7
6
5.25
6.00
7.j
7
6
7
6
7
7
7
7
7
1
6
7
7
6
6.29
7.00
7.k
7
7
5
5
7
6
7
6
7
7
7
7
7
6.54
7.00
7.1
7
7
2
7
1
7
3
5
6
7
5
6
5.25
6.00
Average Score
6.64
6.58
5.16
4.14
6.44
4.05
6.75
5.50
6.14
1.86
6.07
7.00
6.59
5.86
5.63
5.79
*Mean Score is the average of all the scores
*Median Score is the middle value of all the scores.
Blank Items Represent a Not Applicable Answer
October 18, 2019
Packet Pg. 310
8.4
City Council Agenda Item
Meeting Date: 10/22/2019
Revised Questionnaire for the Comparative Study on City Attorney Services
Staff Lead: Tom Mesaros/Dave Teitzel
Department: City Council
Preparer: Maureen Judge
Background/History
N/A
Staff Recommendation
N/A
Narrative
The Council will review amended survey questions and authorize contact with comparator cities to
obtain requested survey information, this is an item for potential action.
Packet Pg. 311