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2021-05-18 City Council - Full Agenda-28681. 2. 3. 4. 5. 6. o Agenda Edmonds City Council V,j Hv REGULAR MEETING - VIRTUAL/ONLINE VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 MAY 18, 2021, 7:00 PM DUE TO THE CORONAVIRUS, MEETINGS ARE HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO JOIN, COMMENT, VIEW, OR LISTEN TO THE EDMONDS CITY COUNCIL MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. IN ADDITION TO ZOOM, REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "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 ACKNOWLEDGEMENT ROLL CALL PRESENTATIONS 1. Resolution Honoring the Life of Natalie Shippen (10 min) 2. 2020 Prosecutor's Office Annual Report (30 min) APPROVAL OF THE AGENDA AUDIENCE COMMENTS Edmonds City Council Agenda May 18, 2021 Page 1 7. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes of May 11, 2021 2. Approval of claims 3. Confirm appointment of board/commission candidate 4. Confirm appointment of board/commission candidate 5. 2020 Traffic Impact Fee Annual Report 6. Approve 10-ft street dedications along Puget Drive and 9th Ave N adjacent to 1414 9th Ave N 7. Report on Bids and Award Construction Contract for the 2021 Overlay Program Phase 2 Project 8. Approve Supplemental Agreement with Blueline, LLC for Construction Management and Inspection Services 9. Approval of Professional Services Agreement with David Evans and Associates (DEA) for the Elm Way Walkway project 10. Approve the WHPacific No Cost -Supplemental Agreement for the 84th Ave Overlay Project 11. Authorization for Mayor to sign Local Agency Professional Services Agreement with KPG for the 76th Ave. W @ 220th St. SW Intersection Improvements Project 12. 2020 Transportation Benefit District Report 13. Renewal of Verizon Cell Tower lease - Five Corners 14. March 2021 Quarterly Financial Report 15. PC Support Technician Job Description Update 8. PUBLIC HEARING 1. Public Hearing for the 2022-2027 Six -Year Transportation Improvement Program (45 min) 9. NEW BUSINESS 1. Reorg of Clerk's Office to Administrative Services -Job Description Changes (20 min) 2. Stage 2 Tree Issues (30 min) 3. Master Permit authorizing Placement of Small Wireless (Small Cell) Facilities in the City's Rights - of -Way (30 min) 10. UNFINISHED BUSINESS 1. Process for Reviewing Housing Commission Recommendations (15 min) 11. COUNCIL COMMITTEE REPORTS 1. Council Committee Minutes (0 min) 12. COUNCIL COMMENTS 13. MAYOR'S COMMENTS ADJOURN Edmonds City Council Agenda May 18, 2021 Page 2 4.1 City Council Agenda Item Meeting Date: 05/18/2021 Resolution Honoring the Life of Natalie Shippen Staff Lead: Council Department: City Council Preparer: Maureen Judge Background/History Edmonds resident, volunteer and community leader, Natalie Shippen passed away in April 2020. Staff Recommendation N/A Narrative The City Council wishes to honor Natalie Shippen's life and legacy with a resolution of appreciation recognizing her decades -long service to the City of Edmonds. Attachments: Shippen Resolution 1473 Packet Pg. 3 Orealutton RESOLUTION NO. 1473 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, TO HONOR THE LIFE AND WORK OF NATALIE SHIPPEN. WHEREAS, Natalie Shippen served the public and her community for decades and leading the way for other women seeking office as she was the first women elected to the Edmonds City Council and served from 1971-1975; and WHEREAS, Natalie served on the Planning Commission from 1966 and was unanimously elected Chair in 1968 and was honored with Resolution 254 recognizing her tireless work on behalf of the City in 1972; and WHEREAS, Natalie was a staunch supporter of the arts and advocated tirelessly for the beautification of the city in numerous ways; she helped create the city's Arts Commission and was a frequent contributor to the Edmonds Beacon's letters section on subjects such as saving the tree canopy in the city; and WHEREAS, Natalie was an avid supporter of maintaining Edmonds building height restrictions and was against the placement of sidewalk signs outside of businesses and wrote: "Edmonds residents have stayed and paid the freight with their property taxes, Edmonds residents have built and maintained a quality residential home, one they are proud of. The first responsibility of any council is to protect that quality," NOW, THEREFORE, We the Edmonds Mayor and City Council honor Natalie Shippen and acknowledge that her contributions to the City of Edmonds will be missed. RESOLVED this 18th day of May 2021. • CITY OF EOMONDS • Packet Pg. 4 4.2 City Council Agenda Item Meeting Date: 05/18/2021 2020 Prosecutor's Office Annual Report Staff Lead: Emily W. for Zachor Thomas, Prosecutor's Office Department: Human Resources Preparer: Emily Wagener Background/History The City contracts for prosecution services with Zachor Thomas. Each year, the prosecutor's office provides a presentation and an annual report to Council. Staff Recommendation None. Narrative Zachor Thomas is providing a presentation along with a report for 2020 services. The 2020 report is attached. Attachments: Edmonds Prosecutor Yearly report APPENDIX A - EDM - DWLS 3 report - 11.1.20 - 5.11.21 REDACTED APPENDIX B - EDM - DWLS 3 report - 1.1.20 - 5.11.21 REDACTED 2020 Report of the City of Edmonds Prosecuting Packet Pg. 5 4.2.a Attorneys at Law: H. James Zachor, Jr. James M. Zachor Yelena I. Stock Chad W. Krepps Jeffrey D. Leeper Hana Lee Carolyn L. Miller Winston U. Choe Benjamin K. Goodwin Legal Assistants: Erin M. Ortega Alisa Das Alena C. Stock Zachor & Thomas, Inc., P.S. TO: The Edmonds City Council Prosecuting Attorneys The Sunset Building 23607 Highway 99, Suite 11) Edmonds, WA 98026 Tel. 425.778.2429 FAX 425.778.6925 RE: 2020 Report of the City of Edmonds Prosecuting Attorney Date: May 12, 2021 Personnel 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 Zachor and Thomas, Inc., P.S. currently employs nine (9) attorneys, one (1) full time legal assistants and two (2) part-time legal assistants. In 2020, of those nine attorneys, three (3) attorneys were assigned either full time or part time to the prosecution of City of Edmonds cases. Those attorneys are: Yelena I. Stock Ms. Stock is a first generation Honduran American and first child in her family born in the United States after her parents immigrated to the United States in the in the mid- 1970s. Ms. Stock is also a United States Navy Veteran having served as a gunnersmate for five years in active duty and two years as a torpedosmate in the Navy Reserves. Ms. Stock has been an attorney since May 2009. She began her career at Zachor at Thomas in 2009. In 2014, she left Zachor and Thomas for the City of Seattle prosecutor's office. There she quickly excelled and became one of the City of Seattle's top trial attorneys, with a special emphasis on prosecuting crimes of domestic violence. During her tenure there, she also gained experience and knowledge, handling cases in many of the various therapeutic court programs offered by the City of Seattle. In June of 2019, she came home to Zachor and Thomas and brought with her knowledge and experience in prosecuting DV cases, but also her knowledge and experience with therapeutic courts. Ms. Stock is one of two supervising attorneys and handles the bulk of all City of Edmonds criminal matters from arraignment to jury trial and motions. Ms. Stock also handles legal updates and training for the Edmonds Police Department. Winston U. Choe Mr. Choe is a first generation Korean American and is among the first generation born in the United States in his family. Mr. Choe is also the first in his family to graduate from college. Packet Pg. 6 4.2.a He has been a practicing attorney for almost 6 years after having passed the bar in October of 2015. Mr. Choe believes justice is about fairness and keeping the community safe. To that effect, he has dedicated nearly half of his life to both public service and advancement of non-profit organizations. This includes teaching youth group students at his local church and volunteering at the Korean Community Service Center (partnered with KCBA) in Edmonds providing legal advice to underprivileged families regarding criminal and other legal issues. Winston also has a diverse background of professional experiences, having worked for the Honorable Jack Nevin, of Pierce County Superior Court, as a judicial extern, as well as externing for the King County Prosecuting Attorney Office (KCPAO), Homicide Division. He also comes to Zachor & Thomas as a former defense attorney, now becoming a prosecutor to serve his community as an advocate for victims of crime. James M. Zachor — "Jimmy" or "Jim Jr." Mr. Zachor has been an attorney since October 2009. He is currently a supervising attorney for the City of Edmonds. His primary responsibilities are defending the City of Edmonds on RAU appeals and representing the police department in drug, felony and firearm forfeitures. He also handles the out -of -court administrative functions required by the court. Mr. Zachor is also active in assisting Ms. Stock in preparing the legal updates and trainings for the police department. He is the primary point of contact for police officers needing review of search/arrest warrants or with charging/arrest questions and is "on -call" 24 hours a day, 7 days a week. Mr. Zachor is responsible for all charging review cases. Courts and the COVID-19 Pandemic The calendar year 2020 was a unique time for not just court operations but the world. The COVID-19 pandemic crippled the world, and the criminal justice system was not immune. Even in time of war and natural disaster, the criminal justice system continued. In one of the few times throughout American history, the criminal justice system shutdown like the rest of the world. A defendant's constitutional right to a speedy trial, as well as a jury trial was suspended. The suspension of one of the most sacred rights afforded a person charged with a crime lasted for almost a year. Edmonds Municipal Court, because of the foresight, leadership, and ingenuity of former Judge Linda Coburn, was able to quickly, efficiently, and most importantly, safely, resume most court functions. It also placed Edmonds Municipal Court at the forefront on the use of technology to conduct court hearings and to process criminal cases. Her leadership has paved the way for the continued use of Zoom and livestreaming on YouTube to conduct all types of hearings and allow greater access to the court for individuals charged with crimes and traffic infractions. Case Filing Comparison Below is a chart comparison for the years 2017, 2018, 2019 and 2020 for criminal and civil case filings. Due to the COVID-19 pandemic, as well as Edmonds PD general order 20.002, Packet Pg. 7 4.2.a concerning DWLS 3 charges, the City saw a decrease in the number of filings across the board except in criminal non -traffic, where there was a slight increase. Traffic Infractions Non- Traffic Infractions DUI/Physical Control Other Criminal Traffic Criminal Non- traffic Total Total Criminal Filings 2017 3825 53 90 331 502 4801 923 2018 4547 29 144 328 466 5514 938 2019 2804 38 135 343 507 3827 985 2020 1819 32 105 183 512 2651 800 The decrease is attributed to the COVID-19 pandemic, primarily in the in the months of March, April and May. COVID-19 affected all case filings, criminal and civil. March Traffic Non- DUI/Physical Other Criminal Total Total Infractions Traffic Control Criminal Non- Criminal Traffic traffic Filings 2019 267 3 13 42 50 375 105 2020 74 2 9 8 34 127 51 March 2020 saw a reduction in 54 criminal filings as well as a significant reduction in the issuance of traffic infractions (-193). April Traffic Non- DUIPhysical Other Criminal Total Total Infractions Traffic Control Criminal Non- Criminal Traffic traffic Filings 2019 334 2 11 36 44 427 91 2020 20 5 4 3 33 65 40 April 2020 saw a reduction of 51 criminal filings as well as a significant reduction in the issuance of traffic infractions (-314). May Traffic Non- DUIPhysical Other Criminal Total Total Infractions Traffic Control Criminal Non- Criminal Traffic traffic Filings 2019 238 9 11 37 43 338 91 2020 55 3 7 9 54 128 70 May 2020 saw a reduction of 21 criminal filings as well as a significant reduction in the issuance of traffic infractions (183). Packet Pg. 8 4.2.a Filing Criminal Charges: Direct Filing vs. Prosecutor Review Filing Pursuant to questions raised at the November 2, 2020 City Council meeting as well as stakeholder meetings, we have included the following information. Direct Filing Direct filing (aka Officer filing) is when the police officer files a Sector citation directly with the court after the officer determines that there is probable cause that the individual has committed a crime(s). The Sector citation is electronically sent to the court for filing. The individual is provided with a copy of the citation and a date to appear before the court for. This is the primary method of charging an individual with a misdemeanor crime by the Edmonds Police Department. Prosecutor Review Filing Prosecutor review filing is when the prosecutor reviews all cases prior to charging. The prosecutor decides whether to file criminal charges based on a complete investigation. After review, if it is in the prosecutor's discretion that filing charges are appropriate, the prosecutor files a criminal complaint with the court. In a prosecutor review filing system, the standard of review is higher than probable cause. RCW 9.94A.411(2)(A) defines the standard for prosecutors when filing charges: Crimes against persons will be filed if sufficient admissible evidence exists, which, when considered with the most plausible, reasonably foreseeable defense that could be raised under the evidence, would justify conviction by a reasonable and objective fact finder. Crimes against property/other crimes will be filed if the admissible evidence is of such convincing force as to make it probable that a reasonable and objective fact finder would convict after hearing all the admissible evidence and the most plausible defense that could be raised. Pros and Cons: Direct Filing v. Prosecutor Review Filing The prosecutor's office reached out the Edmonds public defenders and members of the private defense bar regarding the pros and cons of both Direct filing and Prosecutor Review filing. The list below includes those comments. Direct Filing Prosecutor Review Filing Pros • Potential for • Prosecutor able to use immediate notification discretion when of charge(s) resulting evaluating and in immediate charging cases. accountability. • Allows for follow-up • Ability to provide investigation and personal service of Packet Pg. 9 4.2.a arraignment date to victim contact prior to defendant, thereby charging. reducing the risk of a • Opens the potential bench warrant for opening plea • Allows for more offers at arraignment. compassionate • May reduce bookings accountability and on minor or de minims immediate crimes intervention of social • May reduce court and equity issues such filings resulting in a as mental health, reduction in public alcohol/drug or defender domestic violence appointments. concerns • Victims of Domestic Violence are better protected through the immediate issuance of protective orders • Reduces hardships in locating witnesses, victims AND defendants Cons • Police officers charge • Delay in charging cases without creates significant prosecutor review hardship and risk for where the charging victims of crimes, standard is lower than specifically DV in prosecutor review victims filing based on a • Delays in charging probable cause can create significant standard hardships for • Because of the lower defendants and standard for filing, attorneys attempting fewer cases are held to locate them. back from filing • Higher risk of failure • More case filings to appear/bench result in larger warrant. number of public • Delay in charging can defender result in charging after appointments a defendant turned their life around. • Requires clear charging criteria. E 0 a as c a d 0 Y) `0 d N O a` 0 N 0 N 0 a as 2, M a� `o 0 as Lo 0 a` N C O E w c as E 0 a Packet Pg. 10 4.2.a DWLS 3: Council Resolution, Diversion/Relicensin2 Program Update On December 1, 2020, the City Council passed Resolution 1460 concerning the suspension of filing of DWLS 3rd degree charges, which was subsequently forwarded to the prosecutor's office on April 15, 2021. The prosecutor's office work in providing compassionate accountability to individuals plagued with the financial burden of unpaid traffic fines has always been at the center of our philosophy. Since January 1, 2020, this office has been steadfast in working with individuals charge with the crime of DWLS 3 by working to help individuals either become relicensed or take substantial steps toward becoming relicensed. We believe this philosophy is consistent with Council Resolution 1460. Attached as Appendix A is the prosecutor's DWLS 3 disposition report from January 1, 2020 to May 11, 2021. This report contains data concerning all pending and disposed DWLS 3 cases in that timeframe. While names have been redacted, the disposition, if any, of those filed cases is reflected in the report. Since January 1, 2020, the prosecutor's office has been holding true to its mission of compassionate accountability. When an individual charged with DWLS 3 becomes relicensed (or takes substantial steps towards relicensing), this office has been exercising its prosecutorial discretion to dismiss those cases. This approach greatly reduces the financial burden on indigent individuals as they are not required to pay anything for a dismissal, whereas on a NVOL II infraction, an individual would be liable for up to a $550 civil traffic penatly. To summarize the report in Appendix A, since January 1, 2020: Cases filed (includes bench warrant cases): 168 Cases pending (includes bench warrant cases): 97 Cases dismissed for relicensing (or in interests of justice): 82 Cases amended to NVOL 2: 3 Cases found with guilty finding: 3 Dismissal for other reasons (Motion, refiling or plea to other charges): 5 On 11/4/2020, former acting Chief Jim Lawless issued General Order 20.002, which mandated that officers file the infraction of NVOL II, instead of DWLS 3 charges, except under a limited number of circumstances. Since l l/l/2020, the police department/prosecutor's office has filed 20 DWLS cases. Attached as Appendix B is the prosecutor's report outlining the pending DWLS 3 cases from l l/l/2020 to 5/11/2020. To summarize the report, since November 1, 2020: Cases filed: 20 Cases pending: 14 Cases that qualified for filing of DWLS 3 charge: 19 Cases dismissed (or set for dismissal): 6 DWLS 3 cases filed on day of general order: 1 (would have been NVOL 2 but for being filed prior general order.) Packet Pg. 11 4.2.a Tracking of NVOL II infractions City Council Resolution 1460 resolved to track the filing of NVOL II infractions to have results as to whether the program is achieving the desired effect of getting drivers relicensed. Unfortunately, the Prosecutor's Office does not appear on a majority of infractions, including NVOL IIs, and therefore does not have the ability to track the requested data. Jury Trials The COVID-19 pandemic placed a significant pause on a defendant's right to a jury trial as all jury trials were suspended for most of 2020, with the exception of a brief period in time November. Jury trials just recently resumed in May of 2021 in which only 11 potential jurors reported for jury duty. Appeals Appeals are the result of either the defendant or prosecutor appealing a decision either from a judge or jury that they believe is against the rule of law. Most often, appeals are a result of a defendant being found guilty after a jury trial. In Washington, defendants have what is called a direct appeal or appeal as a matter of right, meaning the defendant has a right to appeal the finding of guilty to a higher court. Appeals from jury trials often take several months to a year to process for transcriptions, reviewing, brief writing, and oral arguments before the court are conducted. One such example, is a current DUI case on appeal resulted in a 660-page transcript. That appeal was withdrawn by the defense attorney because it could have resulted in a felony DUI filing. The COVID-19 pandemic while damaging to the criminal justice system, appeals were one of the few areas in which parties could gain ground. Currently, there are no cases currently on appeal. During 2020 (and parts of 2021) the prosecutor was able to complete 5 appeals, bringing the current total of active RALJ appeals to zero. The prosecutor's office was able to successfully defend 3 of those 5 appeals. Two of those were subsequently appealed to the Division I Court of Appeals, however, those were deemed abandoned and remanded to the trial court for final disposition. One of the appeals resulted in the parties agreeing to reverse the conviction and remand the case for dismissal based on the WA Supreme Court's decision in State v. Blake, which held unconstitutional the felony crime of possession of a controlled substance. The final appeal case resulted in an Edmonds city ordinance relating to dangerous weapons being found unconstitutional. Voice of a Victim In municipal court, the prosecutor's office and police department deal with lower level crimes, but often we are also faced with tragic cases involving domestic violence, crimes against children, to downright frightening cases that could have resulted in serious and tragic consequences without early police intervention. One such case involves the daughter of Pam and Rick Jenness. Packet Pg. 12 4.2.a In 2013, the Jenness family nightmare began when their daughter was harassed by an individual with severe mental health issues. He just happened to sit next to her in a community college class. That harassment quickly turned into an obsession and developed to stalking. On February 17, 2013, he went to her work attempting to speak to her. When his advances were rebuffed, he left and returned with a sword demanding she speak with him. Luckily, a co-worker was able to remove him from the store, police arrived on scene shortly after. He entered his car and led Edmonds Police officers on a high-speed chase through town, at times reaching 90 mph. He subsequently arrested, charged, and convicted of Robbery in the Second Degree. A criminal no -contact order was issued for the Jenness' daughter's protection. The no contact order failed to deter him. He returned to his attempts to contact her in 2017. He attempted to locate her through Facebook, but after that failed, he appeared unexpectedly at the Jenness family home on Christmas day. He was then arrested by the Edmonds Police Department on stalking charges. Since 2017, the Jenness family appeared at well over 50 court hearings and endured years of watching the criminal justice system struggle with handling the defendant's mental health issues and competency. In December 2019, after a long conversation and agreement of the Jenness family, the prosecutor's office entered into a pre-trial diversion agreement with the defendant. As a part of the agreement, the Jenness family secured their goal of mental health treatment, a permanent protection order for their daughter, and a proof of medication compliance by the defendant. Most importantly, the Jenness' daughter obtained what she most desired, the opportunity to live her life and take control over the nightmare that had haunted their family for half a decade. The diversion agreement saved her from being re -victimized by having to relive every incident for the last 5 year in a jury trial. The disposition allowed some piece of mind knowing that the defendant was in mental health treatment that he so desperately needed, to keep their daughter safe, as oppose to jail time. Prospects for 2021 Community Court — Edmonds Municipal Court plans to repoen its Community court with a date not certain. The program will likely include pre -conviction cases consistent with the Blake/Controlled Substance legislation mandates. DWLS 3— The prosecutor's office is currently developing a program improve the re -licensing of individual who have a suspended driver's license a result of not paying traffic tickets. This program is designed help people become lawfully licensed and insured drivers and therefore less likely to be in the criminal justice system. At the request of the prosecutor's office, this program has been expanded to include other minor traffic crimes not previously considered by the Council such as trip permit violations, no valid operator license 1" degree, failure to transfer title within 45 days and other similar crimes (which are surprisingly criminal in nature). Domestic Violence prosecution — Adding Ms. Stock as one of the supervising attorneys for the City of Edmonds instantly brought a wealth of knowledge and experience to the firm's DV Packet Pg. 13 4.2.a prosecution. Additionally, having the City's DV coordinator, Jill Schick, significantly increases the contact and success rate of DV prosecutions. Combined, the effect has seen a reduction of repeat domestic violence offenders and improvement in victim/police/prosecutor interaction and this office looks toward continued improvement on Domestic Violence prosecution cases. Respec y submitted this 13th day of May 2021, James M. Zachor WSBA 41688 Zachor and Thomas, Inc., P.S. Packet Pg. 14 Tuesday, May 11 2021 2:03 PM 4.2.b Police Department EDP Cases Issued for Department From 11-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Attorney Defendant Issued Arrest # Report # Div DSN Name Disposition a� N L Charges U m ZTL-0008498 XZ0818269 02/17/2021 DISM-WPA 1 07648 Driving While License 0 Yelena Stock 11/02/2020 20-25469 EDM 3152 Rheshaun Dismissed with prejudice - Suspended in the Third Degree d Strange agreement of the parties N ZTL-0008484 XZ0817470 11/20/2020 DSPCH 2 O7648 Driving While License 0 Yelena Stock 11/02/2020 20-25423 EDM Dismissed/Pled other charge Suspended in the Third Degree p w ZTL-0008573 XZ0188082 2 07648 Driving While License F- Yelena Stock 11/05/2020 20-25359 EDM 2952 Joshua Hwang Attached to Hit and Run charge Suspended in the Third Degree Q ZTL-0008620 XZ0810953 Issued same day, but 1 07648 Driving While License w Yelena Stock 11/09/2020 EDM before general order Suspended in the Third Degree fY issued - 11/4/20 at 12:12 am N ZTL-0008621 XZ0217871 1 07648 Driving While License Yelena Stock 11/09/2020 EDM 2715 Jason Robinson DOV 10-30-20 (predates gen order) Suspended in the Third Degree r Sri ZTL-0008671 XZ0810964 1 07648 Driving While License ' Yelena Stock 11/12/2020 20-26422 EDM 3148 William Morris Attached to Ignition Interlock Viol charge Suspended in the Third Degree N 7 ZTL-0008870 XZ0817474 01/06/2021 DISM-WPA 1 07648 Driving While License r Yelena Stock 11/30/2020 20-27586 EDM 3148 William Morris Dismissed with prejudice - Suspended in the Third Degree r agreement of the parties 0 ZTL-0008889 XZ0810968 12/09/2020 DISMISS 2 07648 Driving While License 0- Yelena Stock 11/30/2020 20-27653 EDM 3148 William Morris Dismissed - without prejudice Suspended in the Third Degree L M ZTL-0009245 XZ0704528 2 07648 Driving While License Yelena Stock 12/22/2020 20-29746 EDM 2985 Sierra Jensen Attached to DUI charge Suspended in the Third Degree J -J (DWLS 3) p ZTL-0009359 XZ0898256 2 07648 Driving While License Yelena Stock 12/30/2020 20-30277 EDM 3107 Tyler Steffins Attached to DUI charge Suspended in the Third Degree p (DWLS 3) w ZTL-0009437 lAO104546 2 07648 Driving While License Q Yelena Stock 01/06/2021 21-288 EDM Attached to Reckless Driving charge Suspended in the Third Degree X (DWLS 3) c Z ZTL-0009576 lAO180894 3 07648 Driving While License a James Zachor 01/13/2021 21-933 2881 Patrick Clark Attached to Failure to Transfer Title Suspended in the Third Degree a - and PDP charge (DWLS 3) Q ZTL-0009610 lAO061771 1 07648 Driving While License Yelena Stock 01/19/2021 21-1506 EDM 2899 Samuel Gagner Case was dismissed because Suspended in the Third Degree E relicensed - Prior Reckless Driving, (DWLS 3) 2 Pending Reckless Driving charges v ca Q Page 1 of 2 Packet Pg. 15 Tuesday, May 11 2021 2:03 PM 4.2.b Police Department EDP Cases Issued for Department From 11-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Attorney Defendant Issued Report # Div DSN Name ZTL-0009719 lA0203617 Yelena Stock 01/22/2021 EDM 3148 William Morris ZTL-0009835 lA0221015 Yelena Stock 01/29/2021 21-2743 EDM 3148 William Morris ZTL-0010024 XZ0530052 Yelena Stock 02/10/2021 20-13773 EDM 3172 Hui Xing ZTL-0010230 lA0269059 Yelena Stock M 02/25/2021 21-5074 3107 Tyler Steffins ZTL-0010586 lA0312776 Yelena Stock 03/23/2021 EDM 3148 William Morris ZTL-0010735 lA0227877 Yelena Stock 04/05/2021 21-8455 EDM 3148 William Morris ZTL-0010773 lA0304039 Yelena Stock 04/07/2021 21-8711 EDM 2985 Sierra Jensen Total Cases This Department: 20 Total Cases Report: 20 Disposition Charges U T 1 07648 Driving While License 0 10+ prior DWLS convictions Suspended in the Third Degree d (DWLS 3) N 2 07648 Driving While License 0 Attached to DUI charge Suspended in the Third Degree p (DWLS 3) H 1 07648 Driving While License Q DOV 6-22-20 (predates gen order) Suspended in the Third Degree p (DWLS 3) w 2 07648 Driving While License N Attached to Hit and Run charge Suspended in the Third Degree (DWLS 3) 1 07648 Driving While License Sri Prior DUI conviction -set for Suspended in the Third Degree N dismissal because relicensed on (DWLS 3) 6-1-21 1 07648 Driving While License r r Attached to Reckless Driving charge Suspended in the Third Degree (DWLS 3) p 3 07648 Driving While License 0- L Attached to DUI and ignition interlock Suspended in the Third Degree M violation charges (DWLS 3) J C w a X 0 z w IL a a c a� E ca a Page 2 of 2 Packet Pg. 16 Tuesday, May 11 2021 2:05 PM 4.2.c Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Attorney Defendant Issued Report # Div DSN Name Disposition ZTL-0004250 CR28562 04/09/2020 CR28562 1106 Kenneth Ploeger ZTL-0004255 4ZO798718 Yelena Stock 04/09/2020 14-7196 1659 ZTL-0004258 9ZO103822 04/09/2020 19-6886 1105 Michael Bower ZTL-0004262 CR27051 05/10/2021 DISM-WOP BW 04/09/2020 10-3068 EDM quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice ZTL-0004263 8ZO549126 Yelena Stock 04/09/2020 EDM 1134 Douglas Compton ZTL-0004266 9ZO479428 04/09/2020 19-16590 3073 Alex Arvan ZTL-0004267 7ZO541627 04/09/2020 1134 Douglas Compton ZTL-0004269 7ZO964674 04/09/2020 17-21099 2230 Damian Smith ZTL-0004270 7Z0024206 04/09/2020 2881 Patrick Clark ZTL-0004273 6ZO249219 04/09/2020 16-3137 ZTL-0004275 7Z1158850 04/09/2020 1367 Eric Falk ZTL-0004276 8ZO616930 04/09/2020 2833 Kraig Strum ZTL-0004355 8ZO689439 04/14/2020 2178 Alan Hardwick ZTL-0004358 8Z1184355 - 04/14/2020 3073 Alex Arvan Page 1 of 13 a) U 0 Charges 0 a� 0- 1 07648 Driving While License Suspended in the Third Degree a- 1 07648 Driving While License 0 o Suspended in the Third Degree N 1 07648 Driving While License Suspended in the Third Degree H U 1 07648 Driving While License Suspended in the Third Degree w N r 1 07648 Driving While License r LO Suspended in the Third Degree c N 1 07648 Driving While License r Suspended in the Third Degree 1` 1 07648 Driving While License 0 Suspended in the Third Degree M U) J 1 07648 Driving While License Suspended in the Third Degree 0 1 07648 Driving While License Suspended in the Third Degree W 1 07648 Driving While License pp Suspended in the Third Degree X 1 07648 Driving While License Z Suspended in the Third Degree a 1 07648 Driving While License Q Suspended in the Third Degree 1 07648 Driving While License c Suspended in the Third Degree t U 1 07648 Driving While License r Suspended in the Third Degree Q Packet Pg. 17 Tuesday, May 11 2021 2:05 PM 4.2.c Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Disposition Charges Attorney Defendant Issued Report # Div DSN Name ZTL-0004367 ZTL-0004382 ZTL-0004385 ZTL-0004386 ZTL-0004485 Yelena Stock ZTL-0004616 Yelena Stock ZTL-0004617 Yelena Stock ZTL-0004620 Yelena Stock ZTL-0004626 Yelena Stock ZTL-0004733 Yelena Stock ZTL-0004737 Yelena Stock ZTL-0004739 Yelena Stock ZTL-0004780 Yelena Stock - ZTL-0004797 Yelena Stock 9ZO704057 09/23/2020 DISMISS 04/14/2020 EDM 3107 Tyler Steffins Dismissed - without prejudice 9ZO194063 04/14/2020 2715 4ZO530308 04/14/2020 1106 9ZO146651 04/14/2020 2990 XZ0066458 04/20/2020 20-8292 EDM 2881 XZ0396456 04/27/2020 EDM 1528 XZ0363555 04/27/2020 20-6001 EDM 3109 XZ0185864 04/27/2020 EDM 0028 XZ0185865 04/27/2020 EDM 0028 8Z0526889 04/29/2020 18-28575 EDM 1105 7Z1315157 04/29/2020 17-31253 2990 7Z1294003 04/29/2020 2833 7ZO182667 04/30/2020 17-434 8ZO838869 Jason Robinson Kenneth Ploeger Brittany Johnsen Patrick Clark Donald Kinney Katie Brown 08/05/2020 DISMISS Michael Bard Dismissed - without prejudice 09/02/2020 DISMISS Michael Bard Dismissed - without prejudice 01/19/2021 DISM-WPA Michael Bower Dismissed with prejudice - agreement of the parties Brittany Johnsen Kraig Strum 04/30/2020 18-28768 3073 Alex Arvan 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree a) U 0 Y) 0 r a� N 0 a 0 N 0 N w H U a w N r r L6 0 r 1` 0 Q. a� L M U) J 0 w m X F3 Z w a a Q c m E t U a r r Q Page 2 of 13 Packet Pg. 18 Tuesday, May 11 2021 2:05 PM 4.2.c Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Disposition Charges Attorney Defendant Issued Report # Div DSN Name ZTL-0004800 9Z0331666 04/13/2021 DISM-WOP BW Yelena Stock 04/30/2020 3040 Ashley Saunders quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice ZTL-0004806 9Z0656582 07/22/2020 AMNVOL2 Sara Anderson 04/30/2020 19-14561 EDM 3110 Dan Ceban Amend to NVOL 2 ZTL-0004810 3Z0889525 04/14/2021 DISM-WOP BW Yelena Stock 04/30/2020 13-4323 quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice ZTL-0004826 8Z0647439 09/29/2020 AMNVOL2 Yelena Stock 04/30/2020 EDM 2833 Kraig Strum Amend to NVOL 2 ZTL-0004832 6Z0286693 04/14/2021 DISM-WOP BW Yelena Stock 04/30/2020 16-17633 quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice ZTL-0004838 8Z0537741 04/14/2021 DISM-WOP BW Yelena Stock 04/30/2020 EDM 2899 Samuel Gagner quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice ZTL-0004775 CR19381 Yelena Stock 04/30/2020 06-4891 ZTL-0004899 9Z0386874 12/11/2020 DPGY Plead Yelena Stock 05/01/2020 EDM 2952 Joshua Hwang Guilty as charged ZTL-0004902 8Z0886898 Yelena Stock 05/01/2020 18-22449 EDM 2899 Samuel Gagner ZTL-0004952 4Z0413276 Yelena Stock 05/04/2020 14-2836 ZTL-0004958 CR23747 04/22/2021 DISM-WOP BW Yelena Stock 05/04/2020 09-2028 quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice Page 3 of 13 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 2 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 2 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 2 07648 Driving While License Suspended in the Third Degree Packet Pg. 19 Tuesday, May 11 2021 2:05 PM 4.2.c Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Disposition Charges Attorney Defendant Issued Report # Div DSN Name ZTL-0004980 Yelena Stock ZTL-0005109 Yelena Stock ZTL-0005117 Yelena Stock ZTL-0005118 Yelena Stock ZTL-0005112 Yelena Stock ZTL-0005208 Yelena Stock ZTL-0005224 Yelena Stock ZTL-0005295 Yelena Stock ZTL-0005298 Yelena Stock ZTL-0005309 Yelena Stock ZTL-0005310 Sara Anderson ZTL-0005311 Sara Anderson ZTL-0005312 Sara Anderson 4Z0067755 05/04/2020 14-5 8ZO817057 05/07/2020 C R21327 05/07/2020 08-231 9ZO406069 05/07/2020 19-8650 9ZO342225 05/07/2020 19-5439 8ZO340223 05/12/2020 18-6210 3070 Ashley James 2527 Stacie Trykar (Foley) EDM 3073 Alex Arvan 2985 Sierra Jensen CR11566 05/12/2020 00-3619 1879 Joshua McClure C R 17675 05/14/2020 CR17675 1Z0485258 05/14/2020 CR36153 05/14/2020 CR36153 7ZO812534 05/14/2020 EDM 9ZO669825 05/14/2020 19-15634 EDM 2230 Damian Smith 7Z1026022 05/14/2020 EDM 04/22/2021 DISM-WOP BW quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice 11/12/2020 DSPCA Dismissed/Pled other case 05/03/2021 DISM-WOP BW quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice 07/08/2020 DISMISS Dismissed - without prejudice 07/07/2020 DISMISS Dismissed - without prejudice 07/07/2020 DISMISS Dismissed - without prejudice 2 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 2 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 3 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree a) U 0 Y) 0 r a� N 0 a 0 N 0 N w H U a w r N 04 r Lf� 0 1` 0 Q. a� L M J 0 w m X F3 Z LU IL IL Q c m E t U r r Q Page 4 of 13 Packet Pg. 20 Tuesday, May 11 2021 2:05 PM 4.2.c Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Disposition Charges Attorney Defendant Issued Report # Div DSN Name ZTL-0005315 7Z0322550 Yelena Stock 05/14/2020 17-2921 ZTL-0005321 7Z0412114 Yelena Stock 05/14/2020 17-4606 ZTL-0005322 4Z0689570 Yelena Stock 05/14/2020 14-3895 ZTL-0005323 3Z0718146 Yelena Stock 05/14/2020 ZTL-0005324 8Z0562980 Yelena Stock 05/14/2020 2994 Robert Peck ZTL-0005327 9Z0220633 Yelena Stock 05/14/2020 2230 Damian Smith ZTL-0005328 9Z0548442 Yelena Stock 05/14/2020 EDM 2715 Jason Robinson ZTL-0005329 9Z0479420 Yelena Stock 05/14/2020 19-12068 EDM 3073 Alex Arvan ZTL-0005367 XZ0401334 03/12/2021 DPGY Plead Yelena Stock 05/18/2020 20-10360 EDM 3040 Ashley Saunders Guilty as charged ZTL-0005503 9Z1040738 09/22/2020 DISMISS Yelena Stock 05/22/2020 EDM 3108 Bradley Hair Dismissed - without prejudice ZTL-0005540 XZ0396459 04/30/2021 DISM-WOP BW Sara Anderson 05/26/2020 20-9915 EDM 1528 Donald Kinney quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice ZTL-0005997 XZ0363637 12/16/2020 DISMISS Yelena Stock 06/10/2020 EDM 3107 Tyler Steffins Dismissed - without prejudice ZTL-0005999 XZ0474345 06/17/2020 DISMISS Yelena Stock 06/10/2020 EDM Dismissed - without prejudice ZTL-0006152 XZ0127007 Yelena Stock 06/17/2020 20-12381 EDM 1134 Douglas Compton 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree Page 5 of 13 Packet Pg. 21 Tuesday, May 11 2021 2:05 PM 4.2.c Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Disposition Charges Attorney Defendant Issued Report # Div DSN Name ZTL-0006153 Yelena Stock ZTL-0006237 Yelena Stock ZTL-0006304 Yelena Stock ZTL-0006583 Yelena Stock ZTL-0006625 Yelena Stock ZTL-0006627 Yelena Stock ZTL-0006653 Yelena Stock ZTL-0006707 Yelena Stock ZTL-0006723 Yelena Stock ZTL-0006801 Yelena Stock ZTL-0006802 Yelena Stock ZTL-0006803 Yelena Stock ZTL-0006804 Yelena Stock ZTL-0006792 Yelena Stock XZ0127005 06/17/2020 EDM 1134 XZ0530739 06/22/2020 20-13660 EDM 1015 XZ0516314 06/23/2020 20-13489 EDM XZ0242588 07/07/2020 20-13057 EDM 1105 XZ0500692 07/08/2020 EDM XZ0396462 07/08/2020 20-14307 EDM 1528 XZ0565583 07/09/2020 20-15391 EDM XZ0537273 07/14/2020 20-13961 EDM 3124 XZ0165110 07/14/2020 20-15871 EDM 1619 XZ0565581 07/20/2020 EDM Douglas Compton 04/08/2021 DSWOPR David Machado Dismissed Without Prejudice 09/09/2020 DISMISS Dismissed - without prejudice Michael Bower 07/15/2020 DISMISS Dismissed - without prejudice 12/29/2020 DISM-WPA Donald Kinney Dismissed with prejudice - agreement of the parties Trevor Mitsui Richard Smith XZ0343278 07/20/2020 EDM 3108 Bradley Hair XZ0343280 07/20/2020 EDM 3108 Bradley Hair XZ0491749 07/20/2020 EDM XZ0591691 07/20/2020 20-16219 EDM 09/15/2020 AMNVOL2 Amend to NVOL 2 09/29/2020 DISMISS Dismissed - without prejudice 04/22/2021 DISM-WOP BW quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice 10/21/2020 DSSETTL Dismissed - Pursuant to Settlement Agreement 09/02/2020 DISMISS Dismissed - without prejudice 08/19/2020 DISMISS Dismissed - without prejudice 1 07648 Driving While License Suspended in the Third Degree 2 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 2 07648 Driving While License Suspended in the Third Degree a) U 0 Y) 0 r a� N 0 a 0 N O N a uJ H U a 0 w r N r r Lf� 0 r 1` 0 Q. M J 0 w m x a z w a a Q Y E t U r r Q Page 6 of 13 Packet Pg. 22 Tuesday, May 11 2021 2:05 PM 4.2.c Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Disposition Charges Attorney Defendant Issued Report # Div DSN Name ZTL-0006852 Yelena Stock ZTL-0006941 Yelena Stock ZTL-0006946 Yelena Stock ZTL-0006947 Yelena Stock ZTL-0006972 Yelena Stock ZTL-0006986 Yelena Stock ZTL-0006987 Yelena Stock ZTL-0007048 Yelena Stock ZTL-0007069 Yelena Stock ZTL-0007070 Yelena Stock ZTL-0007071 Yelena Stock ZTL-0007075 Yelena Stock ZTL-0007182 Yelena Stock XZ0216044 07/22/2020 XZ0165118 07/28/2020 20-16885 XZ0380285 07/28/2020 20-9257 EDM 2990 Brittany Johnsen EDM 1619 EDM 1522 XZ0438313 07/28/2020 20-12405 EDM 3121 XZ0169848 07/29/2020 20-17279 XZ0568013 07/30/2020 XZ0620430 07/31/2020 20-17424 XZ0343286 08/04/2020 XZ0165121 08/05/2020 XZ0621155 08/05/2020 XZ0565587 08/05/2020 XZ0635694 08/06/2020 20-17984 XZ0530059 08/11/2020 20-18128 EDM 3040 EDM EDM EDM 3108 EDM 1619 EDM EDM 09/02/2020 DISMISS Richard Smith Dismissed - without prejudice 04/14/2021 DISM-WOP BW Ross Sutton quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice 04/19/2021 DISM-WOP BW Louis Daniels quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice 04/14/2021 DSWOPR Ashley Saunders Dismissed Without Prejudice 09/16/2020 DISMISS Dismissed - without prejudice 12/08/2020 DSPCH Dismissed/Pled other charge 12/08/2020 DISMISS Bradley Hair Dismissed - without prejudice Richard Smith EDM 1106 Kenneth Ploeger EDM 3172 Hui Xing 09/16/2020 DISMISS Dismissed - without prejudice 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree Page 7 of 13 Packet Pg. 23 Tuesday, May 11 2021 2:05 PM 4.2.c Cases Issued for Department From 01-01-2020 To 05-11-2021 W U Police Department EDP Edmonds Police Department O File # PCN Attorney Defendant Cause # Issued Report # Arrest # Div DSN Name Disposition Charges 0 U ZTL-0007226 XZ0399641 09/02/2020 DISMISS 1 07648 Driving While License 0- Yelena Stock 08/14/2020 20-18629 EDM 1790 Stephen Dismissed - without prejudice Suspended in the Third Degree a - Morrison c ZTL-0007227 XZ0524700 1 07648 Driving While License N N Yelena Stock 08/14/2020 20-18585 EDM 3121 Louis Daniels Suspended in the Third Degree a ZTL-0007296 XZ0636894 1 07648 Driving While License uJ Yelena Stock 08/19/2020 EDM 3172 Hui Xing Suspended in the Third Degree Q ZTL-0007298 XZ0637467 08/26/2020 DISMISS 1 07648 Driving While License w Yelena Stock 08/19/2020 EDM Dismissed - without prejudice Suspended in the Third Degree W ZTL-0007300 XZ0384218 01/06/2021 DISM-WPA 1 07648 Driving While License r C`! Yelena Stock 08/19/2020 20-11897 EDM 3124 Trevor Mitsui Dismissed with prejudice - Suspended in the Third Degree r agreement of the parties L6 ZTL-0007437 XZ0582752 11/25/2020 DISMISS 1 07648 Driving While License N Yelena Stock 08/27/2020 20-18363 EDM Dismissed - without prejudice Suspended in the Third Degree r ZTL-0007438 XZ0642856 11/25/2020 DISMISS 1 07648 Driving While License Yelena Stock 08/27/2020 EDM 2833 Kraig Strum Dismissed - without prejudice Suspended in the Third Degree V- 0 ZTL-0007526 XZ0066474 1 07648 Driving While License y Yelena Stock 09/02/2020 EDM 2881 Patrick Clark Suspended in the Third Degree M ZTL-0007527 XZ0277682 11/25/2020 DISMISS 1 07648 Driving While License U) Yelena Stock 09/02/2020 20-19152 EDM 3073 Alex Arvan Dismissed - without prejudice Suspended in the Third Degree 0 ZTL-0007528 XZ0659266 1 07648 Driving While License Yelena Stock 09/02/2020 20-19060 EDM 3152 Rheshaun Suspended in the Third Degree Strange W ZTL-0007571 XZ0615330 04/09/2021 DISM-3.6 2 07648 Driving While License o0 Yelena Stock 09/08/2020 20-20648 EDM 3109 Katie Brown Dismissed with prejudice - Suspended in the Third Degree X CrRLJ 3.6 motion F3 ZTL-0007625 XZ0700922 05/04/2021 DISM-WPA 1 07648 Driving While License W Yelena Stock 09/10/2020 20-21202 EDM Dismissed with prejudice - Suspended in the Third Degree a agreement of the parties Q ZTL-0007674 XZ0244518 1 07648 Driving While License Yelena Stock 09/14/2020 EDM 3108 Bradley Hair Suspended in the Third Degree E t U r r Q Page 8 of 13 Packet Pg. 24 Tuesday, May 11 2021 2:05 PM 4.2.c Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Disposition Charges Attorney Defendant Issued Report # Div DSN Name ZTL-0007675 XZ0343289 05/05/2021 DISM-WOP BW Yelena Stock 09/14/2020 EDM 3108 Bradley Hair quashed pursuant to Gelinas. Case dismissed w/o prejudice in interests of justice ZTL-0007676 XZ0643803 Yelena Stock 09/14/2020 EDM 2985 Sierra Jensen ZTL-0007748 XZ0703370 Yelena Stock 09/16/2020 EDM 3172 Hui Xing ZTL-0007749 XZ0689919 Yelena Stock 09/16/2020 20-21334 EDM 3152 Rheshaun Strange ZTL-0007750 XZ0631299 02/11/2021 DSRFDC Yelena Stock 09/16/2020 20-21556 EDM 3110 Dan Ceban Dismissed - Refiled in District Court ZTL-0007751 XZ0713367 12/23/2020 DSPCA Yelena Stock 09/16/2020 EDM 2899 Samuel Gagner Dismissed/Pled other case ZTL-0007752 XZ0584616 Yelena Stock 09/16/2020 EDM 1619 Richard Smith ZTL-0007754 XZ0355586 09/30/2020 DISMISS Yelena Stock 09/17/2020 EDM 1894 Shane Hawley Dismissed - without prejudice ZTL-0007772 XZ0663924 Yelena Stock 09/17/2020 20-20039 EDM 3109 Katie Brown ZTL-0007773 XZ0643797 10/21/2020 DISMISS Yelena Stock 09/17/2020 EDM 2985 Sierra Jensen Dismissed - without prejudice ZTL-0007825 XZ0723383 Yelena Stock 09/21/2020 EDM 2833 Kraig Strum ZTL-0007840 XZ0729090 09/30/2020 DISMISS Yelena Stock 09/22/2020 EDM Dismissed - without prejudice ZTL-0007874 XZ0723381 12/23/2020 DPGY Plead Yelena Stock 09/24/2020 EDM 2833 Kraig Strum Guilty as charged ZTL-0007875 XZ0718011 01/27/2021 DISM-WPA Yelena Stock 09/24/2020 20-22252 EDM 3172 Hui Xing Dismissed with prejudice - agreement of the parties 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree a) U 0 Y) 0 r a� N 0 a 0 N 0 N w H U a w N 04 r Lf� 0 r 1` 0 Q. M U) J 0 w m x a z w a a Q c m E t U r Q Page 9 of 13 Packet Pg. 25 Tuesday, May 11 2021 2:05 PM 4.2.c Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Disposition Charges Attorney Defendant Issued Report # Div DSN Name ZTL-0007887 XZ0703371 09/30/2020 DISMISS Yelena Stock 09/24/2020 20-22044 3172 Hui Xing Dismissed - without prejudice ZTL-0007876 XZ0704993 Yelena Stock 09/24/2020 20-22360 EDM 2985 Sierra Jensen ZTL-0006651 XZ0503399 James Zachor 09/24/2020 20-15148 EDM 3152 Rheshaun Strange ZTL-0007971 XZ0680735 Yelena Stock 10/01/2020 EDM 3121 Louis Daniels ZTL-0007972 XZ0584624 Yelena Stock 10/01/2020 EDM 1619 Richard Smith ZTL-0007973 XZ0584629 Yelena Stock 10/01/2020 EDM 1619 Richard Smith ZTL-0007974 XZ0738139 Yelena Stock 10/01/2020 EDM ZTL-0007975 XZ0217867 Yelena Stock 10/01/2020 EDM 2715 Jason Robinson ZTL-0007977 XZ0676852 Yelena Stock 10/01/2020 EDM 3108 Bradley Hair ZTL-0008080 XZ0355593 Yelena Stock 10/06/2020 20-23346 EDM 1894 Shane Hawley ZTL-0008085 XZ0696527 11/18/2020 DISMISS Yelena Stock 10/06/2020 20-22943 EDM 3172 Hui Xing Dismissed - without prejudice ZTL-0008086 XZ0704500 Yelena Stock 10/06/2020 EDM 2985 Sierra Jensen ZTL-0008109 XZ0584632 Yelena Stock 10/07/2020 20-23239 EDM 1619 Richard Smith ZTL-0008196 XZ0676859 11/25/2020 DISMISS Yelena Stock 10/12/2020 EDM 3108 Bradley Hair Dismissed - without prejudice ZTL-0008197 XZ0734305 02/10/2021 DISM-WPA Yelena Stock 10/12/2020 20-23621 EDM 3172 Hui Xing Dismissed with prejudice - agreement of the parties 1 07648 Driving While License Suspended in the Third Degree 2 07648 Driving While License Suspended in the Third Degree 2 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License Suspended in the Third Degree a) U 0 Y) 0 r a� N 0 a 0 N 0 N w H U a 0 w r N r r LO 0 r 0 Q. a� L M J 0 W m X Z LU a a Q c m E t U r r Q Page 10 of 13 Packet Pg. 26 Tuesday, May 11 2021 2:05 PM 4.2.c Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department File # PCN Cause # Arrest # Disposition Charges Attorney Defendant Issued Report # Div DSN Name ZTL-0008198 Yelena Stock ZTL-0008305 Yelena Stock ZTL-0008306 Yelena Stock ZTL-0008307 Yelena Stock ZTL-0008397 Yelena Stock ZTL-0008402 Yelena Stock ZTL-0008403 Yelena Stock ZTL-0008404 Yelena Stock ZTL-0008405 Yelena Stock ZTL-0008406 Yelena Stock ZTL-0008398 Yelena Stock ZTL-0008433 Yelena Stock ZTL-0008440 Yelena Stock ZTL-0008498 Yelena Stock ZTL-0008484 Yelena Stock XZ0066482 10/12/2020 EDM 2881 Patrick Clark XZ0745975 10/20/2020 EDM 3152 Rheshaun Strange XZ0526763 10/20/2020 EDM 3108 Bradley Hair XZ0526765 10/20/2020 EDM 3108 XZ0530373 10/26/2020 EDM 3108 XZ0738141 10/26/2020 EDM XZ0217869 10/26/2020 20-24882 EDM 2715 XZ0772681 10/26/2020 20-24955 EDM 3172 XZ0802489 10/26/2020 20-24816 EDM 3124 XZ0783962 10/26/2020 20-24813 EDM 3124 XZ0717672 10/26/2020 20-24958 EDM 2881 XZ0597317 10/27/2020 20-24726 EDM 1563 XZ0802490 10/28/2020 20-24914 EDM 3124 XZ0818269 11/02/2020 20-25469 EDM 3152 XZ0817470 11/02/2020 20-25423 EDM Bradley Hair Bradley Hair Jason Robinson Hui Xing Trevor Mitsui Trevor Mitsui Patrick Clark Melbre Moore Trevor Mitsui 12/02/2020 DISMISS Dismissed - without prejudice 12/02/2020 DISMISS Dismissed - without prejudice 04/21/2021 DISM-WPA Dismissed with prejudice - agreement of the parties 05/10/2021 DISM-WPA Dismissed with prejudice - agreement of the parties 12/09/2020 DISMISS Dismissed - without prejudice 02/17/2021 DISM-WPA Rheshaun Dismissed with prejudice - Strange agreement of the parties 11/20/2020 DSPCH Dismissed/Pled other charge a) U 0 Y) 0 r a� 1 07648 Driving While License o Suspended in the Third Degree a- 1 07648 Driving While License 0 o Suspended in the Third DegreeLU N 1 07648 Driving While License Suspended in the Third Degree Q 1 07648 Driving While License w Suspended in the Third Degree W 1 07648 Driving While License r C`! Suspended in the Third Degree r 1 07648 Driving While License Sri Suspended in the Third Degree N 1 07648 Driving While License Suspended in the Third Degree 1 07648 Driving While License 0 0. Suspended in the Third Degree 4) M 1 07648 Driving While License U) Suspended in the Third Degree 0 1 07648 Driving While License Suspended in the Third Degree W 5 07648 Driving While License o0 Suspended in the Third Degree X 1 07648 Driving While License a Suspended in the Third Degree w a 1 07648 Driving While License Q Suspended in the Third Degree Y 1 07648 Driving While License Suspended in the Third Degree t U a 2 07648 Driving While License r Q Suspended in the Third Degree Page 11 of 13 Packet Pg. 27 Tuesday, May 11 2021 2:05 PM 4.2.c Cases Issued for Department From 01-01-2020 To 05-11-2021 Police Department EDP Edmonds Police Department File # PCN Attorney Defendant Cause # Issued Report # Arrest # Div DSN Name Disposition Charges ZTL-0008573 XZ0188082 2 07648 Driving While License Yelena Stock 11/05/2020 20-25359 EDM 2952 Joshua Hwang Suspended in the Third Degree ZTL-0008620 XZ0810953 1 07648 Driving While License Yelena Stock 11/09/2020 EDM Suspended in the Third Degree ZTL-0008621 XZ0217871 1 07648 Driving While License Yelena Stock 11/09/2020 EDM 2715 Jason Robinson Suspended in the Third Degree ZTL-0008671 XZ0810964 1 07648 Driving While License Yelena Stock 11/12/2020 20-26422 EDM 3148 William Morris Suspended in the Third Degree ZTL-0008870 XZ0817474 01/06/2021 DISM-WPA 1 07648 Driving While License Yelena Stock 11/30/2020 20-27586 EDM 3148 William Morris Dismissed with prejudice - Suspended in the Third Degree agreement of the parties ZTL-0008889 XZ0810968 12/09/2020 DISMISS 2 07648 Driving While License Yelena Stock 11/30/2020 20-27653 EDM 3148 William Morris Dismissed - without prejudice Suspended in the Third Degree ZTL-0009245 XZ0704528 2 07648 Driving While License Yelena Stock 12/22/2020 20-29746 EDM 2985 Sierra Jensen Suspended in the Third Degree (DWLS 3) ZTL-0009359 XZ0898256 2 07648 Driving While License Yelena Stock 12/30/2020 20-30277 EDM 3107 Tyler Steffins Suspended in the Third Degree (DWLS 3) ZTL-0009437 lAO104546 2 07648 Driving While License Yelena Stock 01/06/2021 21-288 EDM Suspended in the Third Degree (DWLS 3) ZTL-0009576 lAO180894 3 07648 Driving While License James Zachor 01/13/2021 21-933 2881 Patrick Clark Suspended in the Third Degree (DWLS 3) ZTL-0009610 lAO061771 1 07648 Driving While License Yelena Stock 01/19/2021 21-1506 EDM 2899 Samuel Gagner Suspended in the Third Degree (DWLS 3) ZTL-0009719 lA0203617 1 07648 Driving While License Yelena Stock 01/22/2021 EDM 3148 William Morris Suspended in the Third Degree (DWLS 3) ZTL-0009835 lA0221015 2 07648 Driving While License Yelena Stock 01/29/2021 21-2743 EDM 3148 William Morris Suspended in the Third Degree (DWLS 3) Page 12 of 13 Packet Pg. 28 Tuesday, May 11 2021 2:05 PM Police Department EDP Cases Issued for Department From 01-01-2020 To 05-11-2021 Edmonds Police Department a� U O Y) File # PCN Cause # Arrest # Disposition Charges o Attorney Defendant Issued Report # Div DSN Name U ZTL-0010024 XZ0530052 1 07648 Driving While License 0- Yelena Stock 02/10/2021 20-13773 EDM 3172 Hui Xing Suspended in the Third Degree a- (DWLS 3) c ZTL-0010230 lA0269059 N 2 07648 Driving While License N Yelena Stock M 02/25/2021 21-5074 3107 Tyler Steffins Suspended in the Third Degree a (DWLS 3) uj ZTL-0010586 lA0312776 1 07648 Driving While License U Yelena Stock 03/23/2021 EDM 3148 William Morris Suspended in the Third Degree Q (DWLS 3) w w ZTL-0010735 lA0227877 1 07648 Driving While License r Yelena Stock 04/05/2021 21-8455 EDM 3148 William Morris Suspended in the Third Degree 01! (DWLS 3) r ZTL-0010773 lA0304039 3 07648 Driving While License Yelena Stock 04/07/2021 21-8711 EDM 2985 Sierra Jensen Suspended in the Third Degree N (DWLS 3) r Total Cases This Department: 168 Total Cases Report: 168 0 a� L M U) J 0 W m x a Z W a a a Y E V r r Q Page 13 of 13 Packet Pg. 29 4.2.d ZACHOR & THOMAS, INC., P.S. u 2020 REPORT OF THE CITY OF EDMONDS PROSECUTING ATTORNEY 4.2.d PERSONNEL YELENA I. STOCK Supervising Attorney Firm Total: 9 Attorneys 1 Full Time Legal Assistant 2 Part Time Legal Assistants WINSTON U. CHOE Associate Attorney JAMES M. ZACHOR Supervising Attorney 4.2.d PROSECUTION IN A TIME OF PANDEMIC COURTS AND COVID-1 9 CASE FILING COMPARISON Traffic Infractions Ikon- Traffic. Infractions ICU I.?hy, Eica1 Control Other fiM' al Traffic riram' l Ikon- traffic Total Total ri a1 Film, s 2011 3 -53 90 331 502 4801 923 2018 4-547 -)q 144 328 466 5514 938 2019 2804 38 13 343 507 38') 98-� 2020 1819 32 105 183 512 2651 Soo 4.2.d d O w L 0 V p L a 0 N O N C 0 L a N 0 E W w- 0 U 0 r- 0 0 N O N C d E t V R r r Q Packet Pg. 33 4.2.d March Traffic Infractions Non- Traffic DUI/Physical Control Other Criminal Traffic Criminal Non- traffic Total Total Criminal Filings 2019 267 3 13 42 50 375 105 2020 74 2 9 8 34 127 51 Aril Traffic Infractions Non- Traffic. DUI.Thysical Control Other Criminal Traffic Criminal Non- traffic Total Total Criminal Filings 2019 334 11 36 44 427 91 20�0 210 4 3 '.' 6 4 Mav Tra=fic Infractions Non- Traffic. DU I, Ph �ical Control 0t:iL: Criminal Tra=iic Criminal Non- traffic Total Total Criminal Filings 2-019 2.3' 9 11 ', 43 -38 1 2020 -5� 9 -54 12 ;0 d O w L 0 0 a 0 N O N W 0 L a N 0 E w w- 0 U t 0 r_ 0 0 N O N C 0 E t V R r r Q Packet Pg. 34 4.2.d DWLS COUNSEL 3: RESOLUTION& DIVE RSI ON/RE LI CENSI NG PROSECUTOR UPDATE PROGRAM DWLS 3 CASE STATISTICS SINCE 1 /1 /20 - 5/1 1 /21 ' Cases filed (includes bench warrant cases): 168 • Cases pending (includes bench warrant cases): 97 • Cases dismissed for relicensing (or in interests of justice): 82 ' Cases amended to NVOL 2: 3 • Cases with guilty finding: 3 • Dismissal for other reasons (Motion, refiling or plea to other charges): 5 SINCE 1 1 /1 /20 - 5/1 1 /21 • Cases filed: 20 • Cases pending: 14 • Cases that qualified for filing of DWLS 3 charge: 19 • Cases dismissed (or set for dismissal): 6 • DWLS 3 cases filed on day of general order: 1 (would have been NVOL 2 but for being filed prior general order.) UPDATE •2020 *Jury Trials *Appeals • Prosy • Return of Jury Trials • Return of Community Court • DW LS 3 Dive rsion/Relicensing Program launch 4.2.d r Q Packet Pg. 38 /0" 4� QUESTIC 0 0 Y) 0 0 IL O N O N C a+ 7 t) N N 0 a c 0 E w 0 v a� 4- 0 r- 0 Q. a� O N O N �.i C d E t C� r r Q Packet Pg. 39 7.1 City Council Agenda Item Meeting Date: 05/18/2021 Approval of Council Meeting Minutes of May 11, 2021 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: 05-11-2021 Draft Council Meeting Minutes Packet Pg. 40 7.1.a EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING DRAFT MINUTES May 11, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Shane Hope, Development Services Director Leif Bjorback, Building Official Jeff Taraday, City Attorney Scott Passey, City Clerk ALSO PRESENT Brook Roberts, Student Representative The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember L. Johnson read the City Council Land Acknowledgement 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, participating remotely, with the exception of Councilmember Buckshnis whose absence was excused. 4. PRESENTATION 1. 2020 PUBLIC DEFENDER'S OFFICE ANNUAL REPORT Kathleen Kyle, Snohomish County Public Defender Association (SCPDA) reviewed: • "Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive for it affects his ability to assert any other rights he may have." Edmonds City Council Draft Minutes May 11, 2021 Page 1 Packet Pg. 41 7.1.a United States v. Cronic, 466 U.S. 648, 654 (1984) Impacts of COVID o Use of Snohomish County Jail (capacity of 1,025) ■ Average Daily Population - March 2020 - 800 - April 2020 - 290 - April 2021 - 400 ■ Jail took protective action by creating booking restrictions ■ People housed in single occupancy cells so social distancing can occur ■ Snohomish County Prosecutors Office developed new guidelines for booking and bail ■ SCPDA developed a culture of release ■ Current capacity about half of pre-COVID - COVID efforts showed what is important and how to evaluate collective wellness and individual wellness o Social Media campaign for PPE for people in jail ■ Jail was a fabulous partner, created a system that is still used to provide a daily email regarding total population, number of people tested, number of people COVID positive, vulnerable inmates at the jail, etc. o Edmonds Municipal Court led local judicial efforts ■ Effective May 13, 2020, the Edmonds Municipal Court will be using Zoom video conferencing for all court hearing. ■ PUBLIC OBSERVE LIVESTREAM OF COURT HEARINGS: https://www.youtube.com/channel/UCAB_B5 adYD56g56AMnUxYzw ■ Photograph of video conferencing in Edmonds Municipal Court 0 2020 Public defenders ■ Colin Patrick and Daniel Snyder Data Review o Cases assigned by year ■ 2017: 621 ■ 2018: 634 ■ 2019; 660 ■ 2020: 557 o Graph of 2020 assignments by quarter o Graph comparing 2019 cases to 2020 o Graph of top three case types ■ Theft ■ DWLS 3 ■ DV o Graph of top six case types by quarter 2020 ■ DUI ■ Theft ■ DWLS 3 ■ DV ■ Court Order violation ■ PDP (Possession of drug paraphernalia) o Graph Comparing 2019 to 2020 by case type by quarter o Graph of investigation requests by quarter Data trends related to COVID Operations - increased workloads o Trial suspensions -April to July 2020, November 2020 to May 2021 o Fewer bench warrants o Re -visiting cases in bench warrant status Edmonds City Council Draft Minutes May 11, 2021 Page 2 Packet Pg. 42 7.1.a o Operationalizing E-File and other process changes o Ability to meet with client confidentially • Impact of COVID and DWLS 3 Resolution 2019 compared to 2020 o Graph of DWLS 3 Cases by Year ■ Reduced number of DWLS 3 cases • Other workload measures o Comparing 2019 to 2020 probation compliance review hearings ■ 2019 318 ■ 2020 285 - 237 dismissals o Comparing 2019 to 2020 bench warrants ■ 2019 535 ■ 2020 394 • Photograph of Team: Investigator Ann Fossmark, Supervisor Christine Olson, and Attorneys Sonya Daisley-Harrison, Maya Titova and Tamara Comeau • 18 continuing legal education classes • 16 SCPDA Coffee Breaks • May is Mental Health Awareness Month o Photograph of lawyers and legal assistants who work in civil commitment hearings o Mental health crisis occurring in Snohomish County o No mental health assessment available to public defender clientele • Criminal Law Updates o State v. Jackson - July 16, 2020 ■ Mandatory shackling/restraints of people appearing in -custody during court proceedings ■ Right to appeal and defend in person includes the "right to use not only his mental but his physical faculties unfettered, unless some impelling necessity demands restraint." o State. Gelinas 15 Wn.App. 484 (2020) ■ "You must appear at all scheduled hearings or a warrant will be issued for your arrest." ■ Blanket mandate is inconsistent with state rules and therefore invalid ■ Zachor & Zachor and SCPDA reviewing all previously issued warrants to ensure they comply with Gelinas - Of 384 reviewed, 110 have been dismissed, 50 reopened Revised clear direction about mandatory appearances: - I understand that I cannot waive my client's appearance for: • Arraignments or plea hearings for the following charges (defendant must appear in person): DUI/Physical Control, Minor Driving After Consuming Alcohol, Stalking, • Domestic -Violence -related charges, and any charges with sexual motivation Compliance review hearings • Trial confirmations and trials • When otherwise ordered by the court CrRLJ3.4: "If in any case the defendant is not present when his or her personal presence is nut'U"ai y ... ORDER: IT IS HEREBY ORDERED that based on the agreement of the parties, the warrant is recalled and quashed. The Court finds good cause to require the defendant's presence at a pretrial reset hearing on May 26, 2021 at 9:00 a.m. The Court will send a summons to the defendant once the City files an address certification. The defendant may appear in person, remotely, or through counsel. Edmonds Municipal Court has determined when necessary to advance the progress of the case... Edmonds City Council Draft Minutes May 11, 2021 Page 3 Packet Pg. 43 7.1.a State v. Blake — February 24, 2021 and April 20, 2021 o State Supreme Court found simple drug possession laws are unconstitutional DWLS 3 o Pierce et al. v. DOL, April 30, 2021: RCW 46.20.289 is unconstitutional as applied to individuals who are indigent. o ESSB 5226: "Failure to pay a traffic infraction will no longer result in the suspension or revocation of a person's driver's license." Councilmember Olson referred to State v. Blake, relaying an automatic concern that drug dealers are smart enough to possess a small amount of drugs so they won't get convicted and won't that parlay into an increase in the drug trade. Ms. Kyle answered these are complex systems, the people SCPDA represents are not who Councilmember Olson is talking about; criminal enterprises, an organization making money is not SCPDA's client. If one thinks of drug dealing as a pyramid scheme, SCPDA's clients are the expendable first and second layer pawns, dealing to use and using to deal. It is implicit in the drug trade to share drugs so people do not get sick; that is the level SCPDA sees most of the time. Anyone trafficking large amounts is usually prosecuted at the federal level. From a public defense perspective, punishment does not intervene in drug addiction. If it did, people would get themselves out of it because drug addiction itself is a punishment. Relationships interrupt drug addiction; prosecution and law enforcement have a hard time establishing those relationships in a way that is helpful. It takes skilled professionals and the person themselves. Ms. Kyle referred to quotes in the newspaper after State v. Blake about drug users appearing to thumb their noses at law enforcement, if the laws are unconstitutional, they can shoot up in public. That is not the dominant narrative of street level drug addiction. The dominant narrative of street level drug addiction is that there is nowhere to go. When someone wants to go to detox, there are no beds available. People are waiting in jail to go to in -patient treatment because there are no beds available. And the in -patient facilities available to them are not places that someone with private insurance or funds to do otherwise would send their family member; they are not offering the level of treatment and peer support that will intervene in drug addiction the way that paid programs do. As a community, we need to rethink how we address this problem. What has been seen in 40 years of drug prosecution is that turn and burn and book and release is not working. Ms. Kyle explained pre-COVID, the jail's average length of stay was 16 days. During COVID the average length of stay was reduced to 9 days which is not enough time to intervene. The median stay is 24 hours so it is really a book and release; from a public defender perspective, there is the humiliation, shame and degradation of being arrested, chained, handcuffed, strip -searched, booked and then getting kicked out onto the street the next day with no meaningful intervention occurring in that process. Council President Paine asked Ms. Kyle what good diversion programs look like. She referenced the reduction in jail costs due to shorter stays and the possibility that there may be an ability to work around a system of funding. She expressed her appreciation for Ms. Kyle meeting with Councilmember Distelhorst and her regarding the progress on DWLS 3 and her appreciation for the amount of time and care that everyone on that project put in. She acknowledged there have been some transitions during that time including a new judge and an acting chief of police, but was pleased with the progress that has occurred since November. Councilmember L. Johnson expressed appreciation for the outside of the box methods that SCPDA uses, particularly working on restorative justice. She asked how offerings such as city level human services, community court or other things like that help or impact SCPDA's work. Ms. Kyle answered they believe relationships are transformative so just having these conversations are helpful. Conversations around community court and the belief that the more local a problem can become, the more robust and relevant the Edmonds City Council Draft Minutes May 11, 2021 Page 4 Packet Pg. 44 7.1.a solutions will be. Edmonds' needs are different than other cities. It is important to get to know people going through the system; for some in the community getting a ticket or going to jail is a routine part of life and they feel laws are unfairly enforced. Drug addiction is the same across all socioeconomic categories, yet it is enforced on indigent clients who, due to poverty, are exposed to the system. Community courts get into the weeds of a person's strengths, true accountability, and taking ownership to be better, get better and be more well. The problem with the court is it is so categorical based on the crime and punishment which externalizes accountability. A community court can internalize accountability; despite all a person's issues, strengths can be identified. Needs in the community include housing, access to education, opportunities (treatment, jobs). Luckily, Edmonds has a lot of wonderful opportunities. Councilmember L. Johnson asked how cities offering human services and/or access to a social worker impacts SCPDA's work. Ms. Kyle responded the more prevention a city can do, the less work she has. She would like to put herself out of business and represent the felons which is why she became a public defender. Public defense is working with marginalized populations that are caught up in the grist mill of the criminal justice system. Studies in juvenile court have found that the more that people are exposed to the system and the longer they are in it, the worse their outcome are. The more people can be kept out of the system and the faster it can be resolved, the better the outcome. That is true for juveniles as well as adults. Councilmember Distelhorst expressed appreciation for the data -driven presentations as well as her anecdotal knowledge. He noted Ms. Kyle was a key member of the DWLS team, working with the prosecutor, police department and municipal judge. He asked if the DWLS was headed in the right direction for the next 18 months until the state law takes affected. Ms. Kyle answered yes, she is interested in the next piece, payment plans set up by the courts so people can get relicensed. She was not totally sold on outsourcing it to debt collection agencies; she planned to research how to provide equity in addressing traffic infractions so people can be relicensed so they can drive to their jobs, drive family members around and be good community members. Councilmember Distelhorst thanked Ms. Kyle for the information she shared in response to Councilmember L. Johnson's questions regarding social and human services and basic living needs like housing and how vital those are to community safety and crime prevention. Councilmember Fraley-Monillas commented she watched a number of court days and felt like Edmonds was supporting people that live in Edmonds. Community court, bringing court to the people, was the best decision and has served the City well, perhaps differently than envisioned during the pandemic. She was thrilled the City was taking a different approach to what has been done in the last 30-40 years. Ms. Kyle thanked Councilmember Fraley-Monillas for attending the meetings regarding community court. She agreed the vision was to see people flourish and determine how to drive engagement in a way that creates good, positive energy which can happen court, law enforcement and prosecution; it does not have to be a dark, scary place. 5. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Linda Ferkingstad, Edmonds, asked the City Council to reconsider Edmonds' tree ordinance. She understood the importance of trees to the environment and would like trees retained on a property given consideration when assessing the tree fee charges. As a land owner, she was not asking for special treatment, only equal treatment given to every landowner who built their homes before November 4, 2020. Before Edmonds City Council Draft Minutes May 11, 2021 Page 5 Packet Pg. 45 7.1.a paying for the removal of trees, landowners have to pay Edmonds charges of $3300 - $12,000 or more per 24" or larger tree cut even when the 30% retention requirement is met, placing undue hardship on those wishing to build homes. Edmonds City Council plans to apply the charges to all homeowners before the tree cutting moratorium ends on September 2'. These charges were not required when they begin working with City planning in 2017 or during their preapplication meeting in 2019 and will now cost them an extra $250,000 to build three modest homes on over one acre. The new charges and the rising cost of materials have made building without exceeding market value nearly impossible even with rising house prices. Edmonds has assumed ownership of their trees. They have to pay the City the worth of their trees before they can be removed to build homes. Edmonds is holding land division permits hostage until owners pay a ransom equal to the worth of the trees. She asked if the City Attorney could explain how the takings clause in the 5t' Amendment of the U.S. Constitution applies to Edmonds taking the value of their trees, their property, for public use or agenda without compensation. Ms. Ferkingstad suggested assigning value to both trees removed and tree retained would show that Edmonds is truly interested in tree retention and not just the money it will receive from property owners for the tree fund. She suggested incentivizing larger trees with 50% retention for property owners trying to build homes and save taxpayers the cost of a City arborist. Using detailed arborist reports already required for every plot division, calculate the total DBH inches of all trees on the property, subtract the total inches of the trees slated for removal; the remaining number equals the DBH inches retained. If the inches retained are greater than the amount removed, this equals 50% or greater retention and no charges should be due the City. If the inches removed are greater than the trees to be retained, the owner would pay the difference in value, giving them an incentive to keep older and larger trees with higher DBH. The ordinance takes property value and property rights away from Edmonds citizens. She requested the Council consider a plan that values retained trees and property rights. Carreen Nordling Rubenkonig, Edmonds, said she gladly served the City as a volunteer for 16 years through projects in Parks & Recreation, the Architectural Design Board and recently the Planning Board. She expected the City's Administration to be supportive and respectful of citizen involvement in projects, commissions and boards. She reminded Mayor Nelson under the 40 practice, when he terminated her involvement in the Planning Board, her replacement was already serving and ready to step into Position 5. This established approach provided stability to the operation of the Planning Board. Now, a different interpretation of the code has been established, an interpretation that will impact vacancies on the board from that point forward; it is not a retroactive interpretation. Every city must follow its own rules; for example, when an applicant submits an application for development, the date of the application vests the regulations it is subject to. When she left her position at midnight on December 31, 2020, the administrative rule and interpretation of EMC 10.40 was that the alternate stepped into the vacated position. Roger Pence has been in Position 5 since January 1, 2020 and the only open position on the board is the alternate. She expected Mayor Nelson to honor the 40 year process in which the Planning Board operated and affirm Roger Pence to Position 5. Citizens should expect respect for their volunteer service; no board should be subject to an avoidable 4%2 month vacancy which has delayed the appointment of a new alternate and tampered with the function of an 8 member board. Natalie Seitz, Edmonds, commented on the City's intent to regulate trees on private property. The emergency ordinance 4217 and findings of fact use slightly different wording to describe what the City is deliberating on in relation to private tree regulation; they uses the City Council is in the process of adopting new tree regulations which is unqualified as to the size of the tree, protection of trees of a specially significant size, and permanent landmark tree regulations. She asked the City to immediately clarify if it is only considering regulating trees above 24" DBH as Council comments have indicated a desire to regulate significant trees at lower DBH. She requested the City also immediately identify what goal and action from the UFMP this action supports. For private lands, the UFMP states education and incentives to encourage good tree management practices and contains no actions that would support the emergency ordinance or Edmonds City Council Draft Minutes May 11, 2021 Page 6 Packet Pg. 46 7.1.a regulatory development process. She requested the City present evidence such as studies or peer reviewed research that demonstrates increasing regulatory burdens as proposed would result in private property owners maintaining trees to achieve significant size. There is evidence in both urban and old growth settings that increased regulatory burdens result in the removal of trees by property owners. There is evidence that survivorship of private tree planting programs is poor. There is also research showing that regulating beneficial activities more generally associated with climate change actually results in increased emissions. Ms. Seitz explained since the City is undertaking an action not identified in the UFMP, the City should undertake extensive public outreach to demonstrate it is both equitable and effective. Simply stating that other cities have tree ordinances is not enough. Cities routinely take actions that are not equitable or effective such as criminalizing homelessness and other things discussed earlier tonight. Regulating the property of less developed and over -burdened landowners and requiring those property owners to live under increased hazards, maintenance costs and permanent encumbrance to the self-determination of the use and enjoyment of their property by tree replacement clauses, creating no equivalent burden or requirement to plant trees on unforested developed properties and centering public investment in those areas is deeply inequitable. Creating an urban forest with the maximum growth of 23.5" is also not effective. Surface water fees have a tremendous potential to provide an equitable burden in support of the UFMP. Rick Nishino, Edmonds, commended the City Council for looking at trees because they are an important aspect of the environment in the City. He suggested the Council also consider other aspects of the environment which include missing middle housing. Looking at this holistically would get people out of their cars, walking more, etc. He referred to the earlier guest speaker's comments about drug addiction, relaying his younger brother died of drug complications two weeks ago after living with him for a time in Edmonds because he had no place to live. A lot of people struggle with family members with drug addiction and some form of housing would be an equitable solution so families can help them while living nearby. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF APRIL 27, 2021 2. APPROVAL OF COUNCIL MEETING MINUTES OF MAY 4, 2021 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM LYNNWOOD HONDA 5. APPROVE SETTLEMENT AGREEMENT FOR DAYTON STREET PUMP STATION PROJECT 8. COUNCIL BUSINESS 1. UPDATE ON DEVELOPMENT ACTIVITIES Development Services Director Shane Hope reviewed: 0 Customer Service Edmonds City Council Draft Minutes May 11, 2021 Page 7 Packet Pg. 47 7.1.a o Virtual intake appointments COVID Impacts to Permitting o Permitting activities are now primarily managed electronic o My Building Permit (MBP)is the City's main portal for accepting and issuing building permits o City Hall remains closed to the public ■ Majority of staff are telecommuting and/or rotating office shifts ■ Customer feedback on electronic processes is positive ■ DRC and Pre-App meetings continue over Zoom -Homeowners and their project team can attend from their homes and/or offices ■ Customer assistance is provided over Zoom, phone and/or email ■ Virtual Meetings ■ Development Review Committee (DRC) Meetings Free Project Review Meetings with the Public ■ Meetings offered every Thursday at 1:30 and 3pm36 meetings held in 2020 COVID Impacts to Construction o March 23' Governor declares shutdown of all non -essential business, including construction projects o April 24' Phase 1 begins o June 5' Phase 2 begins which allows all construction to resume with the implementation of an on -site safety plan. o COVID Safety Plans required on all job sites Online Submittals o MyBuildingPermit o One -stop portal for development services applications, inspection scheduling, permit status information, and tip sheets for government agencies Streateries o In response to COVID, a Special Event Permit was issued in 2020 to allow for curbside dining o Fall 2020, Special Event Permit extended while regulations are considered o December 2020 Ord. 4209 went into effect o Streatery standards and publications were developed 0 14 streatery permits approved to date o Ordinance allows for up to 20 streateries o Uniform streatery design presented by business owners and implemented by many o The public is actively enjoying outdoor dining! Permit Activity o Permit History 1985-2020 comparison of total Development Services revenue to number of building permits o Permits reviewed by Development Services 2019 vs. 2020 Type of Permit 2019 #Issued 2020 # Issued 2019 Valuation 2020 Valuation NEW Single Family 26 32 $11,692,071 $13,220,676 Duplex 1 (2 units) 0 $131,125 Apartment/Condo 4 (26 units) 2 (202 units) $3,343,502 $27,298,995 Commercial 0 3 0 $2,456,999 Mixed Use (office/condo) 0 0 0 ADDITIONS/ALTERATIONS Single Family 154 148 $9,851,167 $8,678,810 Apartment/Condo 15 18 $1,674,247 $754,563 Commercial 53 42 $8,263,097 $6,124,564 OTHER Mechanical/Plumbing 441/379 470/333 Edmonds City Council Draft Minutes May 11, 2021 Page 8 Packet Pg. 48 7.1.a Demolition 17 21 Miscellaneous 456 256 $9,918,5050 $1,848,609 TOTAL 1,546 1,080 $44,8873,714 $60,383,216 • Engineering Division o Right-of-way, side sewer, street use, and encroachment activity 2017-2020 2017 2018 2019 2020 Permits Issued 415 460 447 391 Permit Revenue $42,806 $58,221 $41,595 $55,433 Inspection & Review Revenue $416,959 $249,427 $233,678 $248,499 Impact Fees and General Facilities Charges (GFC's) for 2020 Transportation Impact Fees $805,648 Parks Impact Fees $553,934 Water GFC $340,899 Sewer GFC $75,154 Storm GFC $42,573 • Solar Permits Year # of Permits # of Permits Online % Online 2012 3 0 0% 2013 6 5 83% 2014 39 35 90% 205 32 29 91% 2016 17 16 94% 2017 14 14 100% 2018 14 13 93% 2019 1 12 11 1 92% 2020 11 8 73% Total 148 131 89% Over 7,000 Inspections performed by Development Services staff 0 4,384 building inspections 0 2,775 engineering inspections Building Inspections — Avg/working day o 2019 - 23.9 o 2020 — 17.4 Number of buildin inspections per month 2020 Month Number Jan 447 Feb 357 March 269 April 86 May 300 June 462 July 492 Aug 413 Sept 418 Oct 413 Nov 38 Dec 349 Building Official Leif Bjorback reviewed: Edmonds City Council Draft Minutes May 11, 2021 Page 9 Packet Pg. 49 7.1.a New Development —Key Projects o Map of projects o Single Family Homes ■ 75th Ave W ■ Olympic View Drive ■ 72" d Ave W ■ 224th St SW ■ 82"d PI W ■ Currently 48 issued permits in active status for single family homes in City o New Townhomes ■ 82" d Place Townhomes o Waterfront Center — Finalized ■ 220 Railroad Ave ■ 26,00 sf of new commercial o Kahlo' Cantina - Finalized ■ 102 Main Street o Von's Bell St. Apartments — issued ■ 650 Bell St ■ 4 new residential units o Nyland Apartments — Issued ■ 8509/8513 244th St SW ■ 19 new residential units o Graphite Studios — Issued ■ 202 Main St ■ 11,000 sf new commercial o Main Street Commons — Issued ■ 550/558 Main St ■ Retail, restaurant and event space o GRE Apartments — Issued ■ 23400 Highway 99 ■ 192 new residential units o Paradise Heights — Issued (Building A)/Applied (Building B & C) ■ 546/550 Paradise Lane ■ 12 new residential units o Edmonds Crossing — Issued ■ 23830 Edmonds Way ■ 10 new residential units o Kisan Townhomes — Applied ■ 22810 Edmonds Way ■ 18 new residential units o Edmonds Townhomes — Applied ■ 8029 238th St SW ■ 4 unit townhomes o Anthology of Edmonds - Applied ■ 21200 72°d Ave S ■ 192 units Senior Living o Civic Field — Applied ■ 300 6' Ave N o Meadowdale Beach Park ■ Snohomish County Parks o Wastewater Treatment Plant Carbon Recovery — Pre-app Edmonds City Council Draft Minutes May 11, 2021 Page 10 Packet Pg. 50 7.1.a ■ 200 2nd Ave S o Apollo Apartments - Applied ■ 23601 Highway 99 ■ 251 new multi -family units o Sunde Townhomes — Design Review ■ 8629 238th St SW ■ 1 duplex, 1 triplex o Ford Hunter Townhomes — apply for soon ■ 7528 215th St SW ■ 4 unit townhomes o Brackett's Reserve — Pre-app ■ 9109 240th St ■ 11 lot PRD o Port Office Building — Pre-app ■ 471 Admiral Way ■ 6,650 sf new commercial o Port Boardwalk repairs — Pre-app ■ 300 Admiral Way o Westgate Station — Design Review ■ 9601 Edmonds Way ■ 20 multi -family units + 4,704 sf new commercial o Woodway Station — Design Review ■ 23726 100th Ave W ■ New commercial building o Pine Park 614 — Design Review ■ 6145'Ave S ■ 3 mixed use buildings Council President Paine asked if any projects other than GRE had utilized MFTE. Ms. Hope offered to research. Mr. Bjorback commented projects early in the process have inquired about applying under MFTE which indicates there is interest. Council President Paine asked if that was in the Westgate neighborhood as well. Ms. Hope answered major proposals have only been in the Highway 99 area. Councilmember K. Johnson observed there were 26 single family units developed in 2019, 32 in 2020 and 48 so far in 2021. Mr. Bjorback clarified at the moment there are 48 issued permits for home construction and that is likely to result in a similar number at year end. Councilmember K. Johnson asked about the permits issued for multi -family for 2019, 2020 and 2021. Mr. Bjorback answered the numbers for 2019 and 2020 were similar; he anticipated the numbers would spike in 2021 due to two major projects. There were 26 units and 4 permits in 2019 and 2 permits for a total of 202 units in 2020. He did not have year-to-date numbers for 2021, however, once the permits for the Apollo Apartments on Highway 99 are issued, there are 251 units in that project, it will increase the numbers for 2021. Councilmember K. Johnson asked whether GRE would be approved in 2022. Mr. Bjorback answered that permit was issued in 2020 and the project is underway. Ms. Hope advised that project comprised most of the units in 2020. Councilmember K. Johnson asked the number of issued permits for 2021 for multi -family, commenting that having the numbers for multi -family and single family help frame the housing discussion and whether the market can take care of housing needs or whether the City needs to intervene and if so, how. Councilmember Olson asked about the modular construction of the Apollo Apartments. Mr. Bjorback answered it is a unique approach to that building type. The first two levels, the parking structure, will be built of concrete with a concrete deck on top that is the floor for the apartment portion of the building. Each Edmonds City Council Draft Minutes May 11, 2021 Page 11 Packet Pg. 51 7.1.a of the modules are factory -assembled and will be assembled on site like a Lego project. Assembly will occur very quickly compared to conventional construction. Those modules are inspected and certified in the factory by the State Labor and Industries Department as meeting the City's current adopted code in order to be placed into the project. Once they are assembled, there is some matching and connections between the modules to make it a fully structural building. 2. COMPREHENSIVE PLAN PERFORMANCE REVIEW - PRESENTATION (Councilmember Fraley-Monillas left the meeting at 8:29 p.m.) Development Services Director Shane Hope explained this review is done annually to show where the City is with implementing the Comprehensive Plan, particularly key action strategies as well as performance measures. She explained the Comprehensive Plan Contains: • Four Implementation actions - steps that must be taken within a specified timeframe to address high -priority goals o Develop the following ■ Street Tree Plan by EOY2018; - Street Tree Plan had last major update in 2016. - Now that the Urban Forest Management Plan is complete, a more comprehensive update of comprehensive Street Tree Plan is underway. - Environmental consultant, The Watershed Company, is working on inventory and helping draft the new plan. ■ Urban Forest Management Plan by EOY2018 - The Urban Forest Management Plan was adopted in July 2019 ■ Development of level of service standards for key public facilities by EOY2019 & consider including the standards in the Comprehensive Plan - Completed Pavement Analysis Report in August 2017 ■ Housing policy options by EOY2020 - Citizens' Housing Commission established Resolution no. 1427 (April 2019) & amended via Resolution no. 1428 (May 2019). - Housing Commission submitted their housing policy recommendations to Council in January 2021. Six Performance measures - targeted information about the implementation & effectiveness of the Comprehensive Plan o Annually report: ■ City-wide and city government energy use - Electric utility for city -owned property reduced by 18 percent from a decade ago - Commercial energy use declined slightly in recent years from a decade ago. - Residential energy use has dipped a little, even though more people live here. ■ Number of residential units permitted - Target of 21,168 units by 2035 or adding 112 units on average annually - 89.4 annual average since 2011 ■ Average number of jobs within the city - Goal of reaching 13,948 jobs by 2035 to meet growth targets. - Requires adding approximately 95 jobs annually from 2011 to 2035. - An average of 232 jobs have been added annually since 2011. ■ Lineal feet of water, sewer, and stormwater mains replaced or rehabilitated Year Lineal Feet Water Sewer Storm 2020 Replaced 7,016 2,369 4,361 Edmonds City Council Draft Minutes May 11, 2021 Page 12 Packet Pg. 52 7.1.a Rehabilitated -- 1,934 New -- -- -- 2019 Replaced 1,120 1,315 2,139 Rehabilitated -- -- -- New -- -- 497 ■ Capital facilities plan project delivery results Civic Playfield Acquisition and/or Development Conceptual Acquisition complete. Development In progress Community Park/Athletic Complex - Old Woodway High School Conceptual Complete Main St. & 9th Ave S (interim solution) Conceptual Complete 76th Ave. W & 212th St. SW intersection improvements Design/ROW Complete 228th St SW Corridor Safety Improvements Design/ROW Complete Residential Traffic Calming Conceptual On -going annual program Trackside Warning System or Quiet Zone @Dayton and Main St. Conceptual Complete Dayton St. and Hwy 104 Drainage Improvements Design Complete Edmonds Marsh/Shellabarger Cr/Willow Cr/Day-lighting /Restoration Study Conceptual Perrinville Creek High Flow Reduction/ Management Project Study On -going capital program Previously added CFP ro'ects that are active Highway 99 Gateway/Revitalization Conceptual Design In Progress 238 St. SW Walkway from Hwy 99 to SR104 Complete Dayton St. Walkway from 3rd Ave to 9th Ave Conceptual Selected Sections Completed New CFP projects added in 2020-2025 CFP Walnut St. Walkway from 6th Ave to 7th Ave Com leted in 2020 SR104 Walkway from HAWK Signal to Pine St/Pine St from SR104 to 3rd Ave Project does not have secured funding Citywide Bicycle Improvements In-Progress/On-going Downtown Lighting Improvements Project does not have secured funding Waterfront Re -development Completed in 2020 New CFP projects added in 2021-2026 CFP SR-104 Adaptive System Design to begin in 2022 236th St. SW Walkway from Hwy 99 to 76th Ave Project does not have secured funding ■ Lineal feet of sidewalk renovated or rehabilitated Year Lineal Feet 2020 Contractors 1,170' Public Works 399' Private Development 3,459' 2019 Contractors 1,300' Public Works 275' Private Development 3,177' 3. PROCESS FOR REVIEWING HOUSING COMMISSION RECOMMENDATIONS Development Services Director Shane Hope reviewed: • Tonight's purpose Edmonds City Council Draft Minutes May 11, 2021 Page 13 Packet Pg. 53 7.1.a o The City Council is being asked to approve a process for reviewing the Housing Commission's policy recommendations o NOTE: The Council is not being asked tonight to take action on any specific policy recommendation. • Background o Previously, work toward developing a draft Housing Strategy was to be begin in 2018. o Council chose a new direction in 2019: to create a special Housing Commission that would have only Edmonds residents. o Council gave the Commission a Mission: ■ "Develop diverse housing policy options for (City ) Council consideration designed to expand the range of housing (including rental and owned) available in Edmonds; options that are irrespective of age, gender, race, religious affiliation, physical disability or sexual orientation." o Housing Commission worked about 1 %2 years to develop policy housing recommendations o Recommendations were submitted on January 29, 2021. • What is a policy? o A policy is a statement that is intended to provide guidance for future actions about a topic. It is typically a broad level statement and does not contain all the details. (Details may be worked out at a later stage.) • Are housing policy recommendations to be automatically adopted? o No. They are to be considered, with more information & input; then some kind of follow up action may occur. • Must a policy recommendation be approved (or not) exactly as written o No, the City Council may choose a variation to any recommendation. o NOTE: If the Planning Board does any work on something, it may also recommend a variation and/or more detail compared to the Housing Commission's broad recommendation. • Council choices re recommendations include: a) Take no action to move recommendation forward in any form b) Send the recommendation to the Planning Board for more review, research, & development of variations/options for Council consideration c) Direct that a more detailed study and/or possible variations/options be developed for further Council consideration (without Planning Board d) Direct that a specific action be taken toward implementing the recommendation or variation of it in some form • Housing Commission Policies: Methods to use for any type of implementation Housing Commission Consistency w/ Variations CP Other Policy Existing Comp Possible Amendment Impl'mtn Plan Needed Method Missing middle housing Generally Yes Possibly DC in single family neighborhoods Equity housing incentives Generally Yes Possibly DC Medium -density SF Generally Yes Maybe DC housing Neighborhood village Generally Yes Depends Budget, DC subarea planning Cluster/cottage housing Generally Yes NO DC Detached accessory Generally Yes No DC dwelling units Multi -family tax Generally Yes No MC exemption (MFTE) Edmonds City Council Draft Minutes May 11, 2021 Page 14 Packet Pg. 54 7.1.a Inclusionary Zoning Generally Yes Possibly DC Existing Sales Tax for Generally Yes No Budget Affordable Housing County Sales Tax for Generally Yes No Other Affordable Housing HASCOILA Generally Yes No Other Development of Housing Generally Yes No Other Partners Multi -family design Generally Yes No DC standards Parking Solutions as Generally Yes Yes TBD Comp Plan goal Discriminatory Generally Yes No MC Provisions in Covenants & Deeds Key: DC — Development Code MC — Municipal Code Other — some other action such as ILA Budget — would need some budgetary amendment or direction from Council • 2 Main Categories of Recommendations o Planning Board Road Required ■ Nine policy recommendations are directly related to the Comp Plan or Development Regulations. ■ These would require Planning Board involvement if they are to be explored much further. ■ Reminder: Anything forwarded to the Planning Board for exploration would come back to City Council for the next round of consideration & final decision o General ■ Six policy recommendations are not directly related to the Comp Plan or Development Regulations. ■ These would NOT require Planning Board involvement if they are to be explored further • Housing Commission Policy Aspects Table (shading indicates possible grouping) Housing Commission Subject to PB Level of Need for Est. Min. Time Policy Review Complexity Outside For PB Consultant consideration Missing middle housing Yes High Probably not 4-6 mo. in single family neighborhoods Equity housing incentives Yes High Probably not 4-6 mo. Medium -density SF Yes High Probably not 4-5 mo. housing Neighborhood village Yes High Yes 8-9 mo. subarea planning Cluster/cottage housing Yes Moderate Probably not 4 mo. Detached accessory Yes Low No 3 mo. dwelling units Multi -family t Moderate Probably not exemption (MFTE) Inclusionary Zoning Yes High Probably not 4-5 mo. Existing Sales Tax for No Low No Affordable Housing Edmonds City Council Draft Minutes May 11, 2021 Page 15 Packet Pg. 55 7.1.a County Sales Tax for No Low No Affordable Housing HASCO ILA No Low No Development of Housing No Low No Partners AL Multi -family design Yes Moderate Probably Yes 4-5 mo. standards Parking Solutions as Yes Moderate No, not at this 2-4 mo. Comp Plan goal stage Discriminatory Low No Provisions in Covenants d" & Deeds Note: Est. time for PB consideration includes the PB nrocess and simultaneous staff time. Some of the policies, such as items 6 and 7 above, could be considered together • What other factors will be considered in process? o Consistency with existing Comprehensive Plan, for example: ■ Goals and policies in Comp Plan Housing Element ■ Goals and policies in Comp Plan Sustainability Element o Relationship with environment and open space o Relationship with neighborhoods, transportation and more o Options for appearance of buildings, etc. • What about overlapping or closely related recommendations? o Some should be considered (at least partly) together, for example: 1. Missing Middle Housing in SF Neighborhoods" with "Equity 2. "Medium Density SF Housing" with "Neighborhood Village Subarea Planning" 3. "Use of Existing Sales Tax Revenue" with "County Implementation of Sales & Use Tax" • Option 1: "Divide the work first" o For Comp Plan or zoning recommendations, Council would conduct brief initial review of all 9 items in 2 or more batches during 2021; then assign all or some (with any additional direction) to Planning Board for more work; ■ Planning Board would provide City Council with more detailed recommendations and options beginning in 2022.Council would then consider the more detailed info from Planning Board, staff, et. al. o For General recommendations, Council would consider at least 2 more in 2021; then any remaining in 2022 • Option 2: "Start Simple" o 2021: Council to start reviewing fairly simple recommendations (not highly technical or needing significant research first). For example: ■ Late Spring - Start on 2 recommendations not needing PB review ■ Summer - Start on 2 recommendations (example: detached ADUs) that need PB review & after discussion give to PB with some direction on key factors ■ Fall - Start on 2 recommendations not needing PB review ■ 2022: Council to start reviewing remaining more complex recommendations in logical order. For example: - Ql - Start on last of General Recommendations (not subject to PB review) Start considering 2 or more related Planning/Zoning policies that are complex & after discussion - give to Planning Board for more work (including any direction) ■ 2022 Q 2 - Start considering any recommendations that have come back from PB (after being assigned the work) Edmonds City Council Draft Minutes May 11, 2021 Page 16 Packet Pg. 56 7.1.a - Start preliminary consideration of 2 or more HC policies that could be sent to Planning Board for more work ■ 2022 Q 3 - Start preliminary consideration of remaining policies that could be sent to PB for more work - Consider any additional recommendations that have come back from Planning Board 2023 - Begin considering any new recommendations or options have come back from PB Next Steps o Council to select Option 1 or 2 to start review process o Staff to begin brining info to Council for more detailed discussion or specific Housing Commission recommendations - Exact timing to be subject to other council scheduling needs o Public involvement would be sought for each step Community engagement o Needs to be part of process ■ At both City Council & Planning Board levels o Should be inclusive, providing different types of options for info & input o Anything that would amend the Comp Plan or a development regulations would require Public Hearings & adequate public notice Councilmember K. Johnson suggested it would be helpful to step back and see where the Housing Commission recommendations fit into the general framework. The City's adopted Comprehensive Plan sets forth goals and policies for general guidance; these recommendations are more like implementation. She questioned what the Council was trying to achieve with the 15 recommendations. She kept track of the numbers during the previous presentation because her first question was whether the market was keeping pace with the City's housing goal of 21,160 housing units by 2035. The answer to that is yes, particularly during the past year when the average has been 144 units which is above the 112/year average requirement. The City is doing a good job and providing almost four times as many multi -family as single family when apartments, townhomes, attached dwelling units are counted. Councilmember K. Johnson said the second global question was whether a range of housing options for the community is being provided, which is related to the GMA requirement. There are a variety of housing needs that the City is trying to meet that include first time home ownership, special housing needs and below market housing needs. This frames the question before the Council decides how to divide up the Housing Commission recommendations. She recognized this is part of the puzzle; the City has done a vision, goals and policies and this is getting down to implementation. There is some confusion expressed by the public about starting at the end, but the Council has followed a logical process and she appreciated the work of everyone who has worked on the Housing Commission. She summarized she wanted to put this in a framework she could understand before the Council began its discussion. Council President Paine commented it was very helpful to have other presentations in advance so the Council can see where it is with the GMA goals. The CHC did a solid year plus of work which included a lot of team members from development services. She liked Option 2, Start Simple, commenting the Council could refer 1-2 items to the Planning Board for their more expert review while the Council looks at things in its wheelhouse in a comprehensive way. She liked the idea of batching some of the items that should be considered together. In 2022 and 2023 after the Planning Board has done their work, those items could come back to City Council for further consideration. She commented on the ability for the public to be engaged at the Council and Planning Board level. Edmonds City Council Draft Minutes May 11, 2021 Page 17 Packet Pg. 57 7.1.a Councilmember Distelhorst commented it was nice to see all the projects being constructed in the City as well as how they track with the elements of the Comprehensive Plan. He recalled Ms. Hope sent the Comprehensive Plan Housing Element to the Council in preparation for this discussion. He appreciated having the opportunity to be one of two Council liaisons to the CHC for the last work of their work in addition to being the representative on Snohomish County Tomorrow and the Alliance for Housing Affordability, making it a very housing centric life for him the last 15 months. He also liked Option 2, starting with the simpler recommendations. For example, DADUs, the City has a matrix and Mukilteo, Lynnwood, Snohomish, Stanwood, Marysville, Everett, Mountlake Terrace, Mill Creek, Snohomish County, Lake Stevens, and Arlington all allow DADUs, only Edmonds does not. The Council could begin with some of the simpler items that are integral to housing elements in the region before digging into the more complex ones that will require a lot of work at various levels. Councilmember Olson believed this Council was ready to dig in and take on the recommendation related to discriminatory provisions in covenants & deeds. She recalled something was occurring at the state level so it may make sense to wait on this recommendation. Discriminatory provisions in covenants and deeds are not enforceable or legal, but they can be removed at the time transactions occur. Transactions are happening every day so she wanted to consider this recommendation sooner rather than later to the extent that it makes sense. Councilmember Olson said she liked Option 1 "divide the work first" approach, looking at the Planning Board and consultant items first in a block and figuring out how to prioritize them. She supported prioritizing subarea plans first as that would provide anchors around the City and take into account environmental issues such as stormwater, trees, environment, etc. Even though it is the most complicated, it is the most big picture and smartest first step and it is good timing to include it in the 2022 budget. She agreed that did not have to be exclusive, if others were excited by the DADUs, that could be done at the same time when in general the approach would be to divide the work. Councilmember Olson emphasized Councilmember K. Johnson's point that there is a lot of enthusiasm in certain pockets to move forward on the Housing Commission recommendations because they address a need. It is important to note that the City is moving forward on providing a variety of housing; there are more multi -family, townhouses and condos in the current application process. Doing things more strategically does not mean the Council is not addressing the need in the short term. She encouraged the Council to be thoughtful about the process as it would be living with the results of the process for a long time. Councilmember L. Johnson referred to the earlier presentation regarding the amount of development and the number of single family and multi -family developments where she also noted the amount. Thinking back to the goals of the CHC and numerous conversations that have occurred both inside and outside the City, the missing middle is often discussed topic. She did not see that the missing middle was being met to the degree that the Council would like. Ms. Hope answered it is a combination of things that Councilmembers have brought up. The City has met some overall GMA goals but there are a lot of gaps related to individuals who are low income, disabled, veterans, etc. and sheer numbers do not address that question. Like many cities, there has been a tendency toward single family detached houses, many on fairly large lots, or fairly large scale multi -family housing and not much missing middle housing. Townhomes are generally considered missing middle but other types of middle housing should be considered that currently may not be allowed by the code. Councilmember L. Johnson expressed her support for Option 2. When thinking about the enormity of the CHC's recommendations, the idea of starting simple would allow the Council to check off things that are more straight forward and less time consuming to accomplish. The ability to dive into each of the recommendations as offered in Option 2 appealed to her the most. Edmonds City Council Draft Minutes May 11, 2021 Page 18 Packet Pg. 58 7.1.a Councilmember K. Johnson said her perspective was what can be done to be the most effective in meeting the housing demand. She developed a combination of four items that appealed to her, a combination of the low, moderate and high complexity, which fit best with Option 1: • Send the Cluster/Cottage Housing concept to the Planning Board (moderately complex) • Multifamily Design Standards (moderately complex) • Discriminatory Provisions in Covenants and Deeds — assign City Attorney as the lead • Neighborhood Village Subarea Planning. For example finish the Five Corners subarea plan With regard to the missing middle, Councilmember K. Johnson explained the Historic Preservation Commission has been tracking the number of demolitions per year. Most historic houses are small which represents the missing middle. There used to be 2-6 demolitions/year and one year there were 100. With land prices so high and the desire to build large single family homes, the missing middle is being bulldozed. The missing middle does not need to be built, it needs to be preserved especially as it relates to historic homes. She liked Option 1 and preferred rather than doing all the easy ones first, working on some low, moderate and high complexity items and getting something underway. Mayor Nelson commented all Councilmembers have expressed their preference regarding the options, and suggested the Council needed to get input from the two Councilmembers who are not present. Ms. Hope said she hoped to reach consensus on moving forward with a couple of the simpler items so she can prepare information for Council while the more complex items are worked out. Council President Paine said she was not opposed to sending two items to the Planning Board, the Neighborhood Village Subarea Planning and DADUs. The estimated time for the DADUs is 3 months and 8-9 months for the Neighborhood Subarea Planning. The Council could also work on the simpler items during the balance of this year. Councilmember K. Johnson asked, once the Council selected the recommendations to work on, how will they move through the Council, Planning Board and back. Ms. Hope said for general recommendations, staff would provide information provided to the CHC as well as supplemental information, examples, key facts, etc. The general recommendations do not represent a huge amount of work. They could come to the Council starting early summer/late spring and the Council would have 2-3 meetings on each to make a decision or identify any additional information that was needed. For the more complicated items that would go to the Planning Board, there would first be Council review. In the divide the work approach, the assumption is the Council provides some guidance, assigns the item to the Planning Board and then it comes back to the Council. Such items could be grouped rather than individual. Those would require a couple Council meetings and the Planning Board would take some months to work on them. Ms. Hope said the subarea planning is the most complex because there are a number of possible neighborhoods/subareas such as Five Corners, Perrinville or other areas and the Council would need to select the area. Once the area is selected, a consultant would need to be hired. She recalled the Highway 99 subarea plan took about a year and included some work on development regulations. Once information is developed, a number of Planning Board meetings would be required before it returned to the Council for several meetings. The idea of Option 1, divide the work first, is there is less work upfront on the items that need to go to the Planning Board. In Option 2, recommendations would come to Council 1-2 at a time and the Council would have 2-3 meetings on each before they went to the Planning Board. Under Option 2, some items would not be assigned this year. With regard to delaying forwarding more complex proposals to the Planning Board, Councilmember L. Johnson recalled when the Planning Board provided an update to the Council, they were eager to get going on some of these and it would be a shame not to start that process. She was interested in proceeding as Edmonds City Council Draft Minutes May 11, 2021 Page 19 Packet Pg. 59 7.1.a outlined in Option 2 to bring those to the Planning Board on a regular basis. Ms. Hope agreed the Planning Board is eager to work on some things related to housing. She recalled the Planning Board raised the issue of DADUs previously and the Council directed them to wait until the CHC made their recommendations. Another item the Planning Board is interested in the multifamily design standards. The Planning Board is interested in all the recommendations, but DADUs and multifamily design standards are low or moderate complexity and it would be helpful to get started on them sooner rather than later. Councilmember L. Johnson inquired about the process for the multifamily design standards, commenting that seemed like more than just the Planning Board and Council. Ms. Hope anticipated there would be a lot of public engagement because how buildings look, how the site is developed so there is appropriate open space an amenities, etc. is important to people. Edmonds does not have design standards for multifamily housing unless it occurs in mixed use. The process would be, once the Council decides which items to move forward on, the Planning Board would review it, a consultant would be hired, and there would be presentations to the public with visual preference surveys to gather information to help inform the design standards. She anticipated it would be assigned to the Planning Board but in consultation with the ADB. Councilmember Distelhorst recalled cluster/cottage housing had broad support from the CHC as well as the public as that is a key missing middle that is somewhat met through some zones such as RM 2.4 where there is detached multifamily with slightly larger units. He suggested that would be a logical one to refer to the Planning Board and does provides optionality for housing compared to a subarea plan which is a much longer process and may not develop options for diverse housing. With regard to discriminatory provisions in covenants & deeds, Councilmember Distelhorst was hopeful the City could tap into the Assessor's Office existing program. Council President Paine suggested waiting to hear from the two absent Councilmembers and bring this back on next week's agenda. Ms. Hope agreed, relaying her hope that the Council would provide some direction so work on the policies themselves could begin. Councilmember K. Johnson suggested Councilmembers prioritize their top projects, the ones that require Planning Board review and the ones that do not to provide a sense of where Councilmembers are. Ms. Hope said that could be part of the May 18t' meeting. Council President Paine said both Councilmembers have had access to CHC report. She appreciated the discussion that will be reflected in the minutes so a lengthy discussion will not be required next week. 9. COUNCIL COMMENTS Councilmember Olson reminded citizens that the May 4t' bike lane presentation and minutes are available on the City's website and the plan will be on next week's Consent Agenda. Staff is still taking input this week. She expressed appreciation for spring in Edmonds and the efforts of Parks staff and volunteers from Edmonds in Bloom and the Floretum Garden Club. Councilmember K. Johnson reported she has been in her bubble, but went to downtown Edmonds last Saturday. She was absolutely amazed by the amount of people out enjoying the weather, market, and kids playing soccer but alarmed by the total lack of social distancing. She reminded there is still a pandemic and while she appreciated everyone wearing masks and washing their hands, she encouraged them to also socially distance. She wished Student Representative Brook Roberts a Happy Birthday. Council President Paine relayed Councilmember Buckshnis' absence was excused for a family vacation and Councilmember Fraley-Monillas' early departure from the meeting was excused due to a family emergency. She reported the topic of 5G will be on the agenda for four of the next five weeks, including a public hearing. Edmonds City Council Draft Minutes May 11, 2021 Page 20 Packet Pg. 60 7.1.a Council President Paine relayed her dismay at reading that opioid deaths in Snohomish County are at the highest levels seen in a very long time. It is attributed to COVID, stress, inability to maintain family connections, job loss, housing instability, access to food, etc. It is as terrible as COVID because of the high lethality from opioids. To anyone who knows someone in the cycle of addiction, she encouraged them to call 211, the Snohomish County Human Services. Although COVID precautions make it hard to reach out, she encouraged people to check on others so no one is lost to this terrible scourge. Councilmember Distelhorst relayed his spouse and he were grateful to get their second Moderna COVID vaccine yesterday at Edmonds College. Edmonds College has a great deal of capacity; appointments are not necessary, simply show up during their open hours to get a vaccine. It is totally free, very fast, and professional. Only 38% of Snohomish County residents are fully vaccinated, nowhere near enough. He encouraged everyone to get vaccinated to keep themselves and their family, coworkers, and people they socialize with safe which will mean that businesses and entertainment organizations can get back to normal sooner than if people do not get vaccinated. Vaccinations for kids 12+ will soon be approved, likely tomorrow afternoon. He encouraged people with children to consider getting them on the list for a vaccination as soon as possible so students can be back in school fulltime by September. Student Representative Roberts hoped everyone had an enjoyable Mother's Day weekend He encouraged the public to continue to wear masks, get vaccinated, practice social distancing and to stay safe. It doesn't look like we are out of this pandemic yet or that we will be out of it soon. 10. MAYOR'S COMMENTS Mayor Nelson reported Snohomish County is currently at 227 cases/100,000 population which, according to Dr. Spitters, has stabilized. The hospitalization rate is up to 7.2/100,000. To avoid going back to Phase 2, the hospitalization rate needs to be 51100,000 or less and the cases per 100,000 needs to be less than 200. Snohomish County is currently in Phase 3, but if those numbers do not change, it will go back to Phase 2. The most important thing is to get vaccinated. With the recent change that children 12+ years old can get vaccinated, vaccinations appointments can be made at primary care providers now. He urged the public to get vaccinated and to watch their distancing. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:47 p.m. Edmonds City Council Draft Minutes May 11, 2021 Page 21 Packet Pg. 61 7.1.a Public Comment for 5/11/21 Council Meeting: From: Erica Mercker Sugg Sent: Monday, May 10, 2021 8:42 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nathan Sugg Subject: Housing Commission Recommendations Dear Councilmembers, First we want to say thank you for approving the ILA with HASCO and therefore allowing the possibility of increasing affordable housing options in Edmonds. As you consider how to move forward with the remaining recommendations from the Citizens' Housing Commission, we hope you will do so with a sense of urgency about the current housing situation in Edmonds. We bought our first home here two and a half years ago, full of excitement and hope about establishing roots and starting a family here. Already our home has increased in value so dramatically that we would not have been able to afford it if we were just now looking. While we may financially benefit from this gain, we are troubled by it. We fret for young folks like us who would like to call Edmonds home, but are already being priced out. We fret for our older neighbors who are increasingly worried about whether they'll be able to age in place. And we fret for what the character of Edmonds will become if the cost of housing continues to exclude anyone without significant resources. Doing nothing doesn't preserve the status quo. Doing nothing is a choice and a choice that will cause Edmonds to change in an unsustainable direction. Alternatively, thinking about and planning for the type of community we want Edmonds to be will preserve the best things about Edmonds. Those recommendations from the Housing Commission that council needs more information for should be quickly assigned to the Planning Commission for the necessary research. The remainder should bring a rigorous public debate and quick action. Your neighbors (just barely), Erica and Nate Sugg From: Kathy Brewer Sent: Monday, May 10, 20218:05 PM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Hope, Shane <Shane.Hope@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov> Subject: Save Edmonds Beach becomes Save Edmonds from Overdevelopment! To Council and Mayor Nelson, Remember the fight to save Edmonds Beach? Remember the loud, packed council meeting when the votes flipped against the ugly concrete overpass that would have ruined the beach? We do! (We were Edmonds City Council Draft Minutes May 11, 2021 Page 22 Packet Pg. 62 7.1.a there!) and so do many others and we remember the council members that saved it. Candidate Laura Johnson was passionate making signs and buttons. Council Members Adrienne Fraley-Monillas, Mike Nelson and Diane Buckshnis proudly voted no. We were overjoyed that the Council saved Edmonds Beach. Now we need the same common sense to protect Edmonds from ugly up -zoning. Just as the overpass would have been detrimental to the charm of Edmonds and the environment, so would up - zoning. Changing all or a lot of single-family zoning to multi will permanently ruin Edmonds. We will have large, box -like structures where there were once single family homes with yards, trees and vegetation. This is what makes the charm, desirability and quality of life of Edmonds which has been lost in other communities like Kirkland, Ballard, Fremont and Wallingford. Mike Nelson campaigned for up -zoning on Highway 99. If it must be done, then allow it there and the periphery of Edmonds but let's protect the historic heart of Edmonds and surroundings. There is no other place like it. It's special. Please protect it. Sincerely, Greg and Kathy Brewer From: Greg Brewer Sent: Monday, May 10, 2021 6:55 PM To: Council <Council@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Hope, Shane <Shane.Hope@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Housing commission policy Hello to all concerned, I am against the up -zone of single family zoning. I believe a majority of citizens of Edmonds are as well. In addition there is a significant number of people on the Housing Commission that voted against this. I sincerely hope these voices are being heard when policy recommendations turn into real zoning changes. I'm not convinced they are. There seems to be an agenda being pushed through without a clear vision of the outfall. I hear a lot of talk about affordable housing. Up -zoning single family areas and allowing duplexes, etc. is not going to create affordable housing. The land is too expensive and building costs are skyrocketing. These parameters alone are going to dictate more square boxes maximizing the living space and destroying the look of Edmonds forever. Build it in your mind... It's not pretty and it's not Edmonds. Find pockets to increase density if need be, but don't sweep away a broad swath of single family residences to achieve your current goals. We need to get this right. We only have one chance. Sincerely, Greg Brewer Edmonds Remodel Inc Edmonds City Council Draft Minutes May 11, 2021 Page 23 Packet Pg. 63 7.1.a From: Kathy Brewer Sent: Monday, May 10, 2021 6:21 PM To: Council <Council@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; Chave, Rob <Rob.Chave@edmondswa.gov>; Hope, Shane <Shane.Hope@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Housing Commission Policies To Council Members, Mayor Nelson, Shane Hope, Rob Chave and Planning Board Members, Please do not upzone and eliminate single family zoning. This will destroy the charm and quality of life of Edmonds forever. It is also in direct contradiction of other Edmonds' plans -- Tree Code and Climate Action. If zoning changes, development will let loose. Trees will be cut down. Land will be paved over. We will lose yards, open spaces, views and wildlife. This in turn impacts our environment and climate. We live in a beautiful, special place. Please protect it. Our future is in your hands. Please do the right thing for Edmonds and our residents who love and appreciate it so. Sincerely, Kathy Brewer From: Theresa Hollis Sent: Monday, May 10, 2021 2:34 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Processes to evaluate 2021 Housing Commission recommendations? Dear Council, Mayor, and Director Hope, You have a pretty sizeable advantage over other cities that took early action. Many local jurisdictions began the process of evaluating housing types and changing single family zoning several years ago. They were plowing new ground for modifying single family neighborhoods that had been in place over 60 years. Now you can review their work processes and determine best practices for managing such a complex program. Since any change in single family zoning in Edmonds will cause a perception of the Council creating winners and losers among the current homeowners, it is all the more important to carry out the work in the most professional manner possible and to put significant resources into the communication facet of the program. A few examples: 1) Kirkland allows two ADU's on certain lots, and they do not have to be owner occupied. What was the criteria their planning department used to define the affected areas? What are the design criteria for these new ADU's? 2) When Shoreline created a housing action plan, they compiled data on their neighboring cities, their peer cities, and the next size larger cities. Will the Edmonds City Council Draft Minutes May 11, 2021 Page 24 Packet Pg. 64 7.1.a Edmonds Council make decisions in a regional context? What cities do you consider to be our peers? 3) When Oregon's legislature outlawed single family zoning in their 2019 session for cities with populations over 10,000, they kicked off a planning and development process in many jurisdictions that you can learn from. The Oregon implementation deadline has not arrived, but the processes defined by cities who have about the same amount of resources as Edmonds have certainly been defined and the city leaders have many'lessons learned' to share with you. Edmonds is not unique in being asked to consider change yet having goals of maintaining high quality residential neighborhoods; allowing teachers, first responders, and healthcare workers to live in the community they work in; and mandating builders follow good design principles. Getting to a definition of 'what' new housing types to consider was hard and took us several years. Now the work to determine 'where' and 'when' will be even harder. The Edmonds Planning Board and Planning Department will do a great job of managing the development of technical details of new housing types and any possible rezones if they are given the best practices. This is brand new thinking for the residential zoning in small cities in our region. And it will be several years after any zoning changes are made that you can evaluate the impact of the changes by reviewing the projects that have been constructed. So grab the advantage you have of looking at the processes used and the projects already proposed/built in other jurisdictions. I encourage you to ask staff to discover best practices for community engagement for this complex program. Then regardless of the final decisions and regardless of how fast or slow they come, we will know'why' the decisions were made. regards, Theresa Hollis Member of Edmonds for an Inclusive Tomorrow From: Ken Reidy Sent: Friday, May 7, 20214:07 PM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Hope, Shane <Shane.Hope@edmondswa.gov>; Williams, Phil <Phil.Wllliams@edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com>; Nelson, Michael <Michael.Nelson@edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Subject: Public Comments for the May 11, 2021 Council Meeting As not a single answer was provided after my public comments were submitted for the April 6, 2021 Council Meeting, I am resubmitting the same comments for the May 11, 2021 Council Meeting. My comments relate to the 10-ft street dedications along Puget Drive and 9th Ave N adjacent to 1414 9th Ave N found on the PARKS AND PUBLIC WORKS COMMITTEE agenda for May 11, 2021. Please respond this time. Thank you. Edmonds City Council Draft Minutes May 11, 2021 Page 25 Packet Pg. 65 7.1.a From: Ken Reidy <kenreidv@hotmail.com> Sent: Monday, April 5, 2021 6:24 AM To: PUBLICCOMMENTS@EDMONDSWA.GOV <PUBLICCOMMENTS@EDMONDSWA.GOV>; publiccomment@edmondswa.gov <publiccomment@edmondswa.gov> Cc: Shane Hope <shane.hope@edmondswa.kov>; Phil Williams <phil.williams@edmondswa.gov>; Jeff Taraday <leff@lighthouselawgroup.com>; Michael Nelson <michael.nelson@edmondswa.gov>; Council@edmondswa.gov <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Subject: Public Comments for the April 6, 2021 Council Meeting The original 1890 plat of Edmonds dedicated a 7 %' wide alleyway for public thoroughfare (ingress/egress) north of Daley Street between 7th Ave. N. and 9th Ave. N. Part of this 7 %' wide piece of property is located directly to the south of Holy Rosary Catholic Church. Alleyway easements must be 15' wide. Has the City's Official Street Map ever indicated a planned alley at that location? If not, why not? Why would the City's Official Street Map fail to disclose a planned alley when 50% of the required dedication was made in 1890? Why were applicants not made to dedicate a 7 %' wide alleyway for public thoroughfare (ingress/egress) north of Daley Street between 7th Ave. N. and 9th Ave. N. when the related property was developed? The City is currently requiring the Sundstone Condominium Owner's Association to provide 10- foot-wide right-of-way dedication to the City of Edmonds along two property frontages. Why are they being treated differently than developers of property north of Daley Street between 7th Ave. N. and 9th Ave. N.? City employee Lyle Chrisman informed one developer of property north of Daley Street between 8th Ave. N. and 9th Ave. N. in a July 25, 2006 email that: "Per our earlier conversations on the issue, the City does not want additional right-of-way in that area, so dedication would not be an alternative." Who has legal authority to do what related to the Official Street Map of Edmonds? Specifically, when reviewing a proposed development project, does City Staff have the authority to not require dedication so that a street or alley easement meets the minimum required access width? In the Sundstone Condominium Owner's Association situation, does City Staff have the authority to simply tell Sundstone that the City does not want additional right-of-way in that area, so dedication would not be an alternative? Edmonds City Council Draft Minutes May 11, 2021 Page 26 Packet Pg. 66 7.1.a Or does that type of decision fall under the City Council's authority? Can City Staff decide to not require right -or -way dedication without obtaining City Council's approval? What happens if City Staff does so? When property is being developed next to a street or alley that does not meet the City's minimum access width requirements, does City Staff have the responsibility to require dedication of the remaining width required? Thank you for prompt answers to all these questions. Please inform Sundstone Condominium Owner's Association that they are being treated differently than others have been treated in the past. I hope City Council uses this opportunity to build knowledge in this area, so our City Council and our citizens have a clearer understanding of these laws and who has the authority to do what. Thank you. Ken Reidy Edmonds City Council Draft Minutes May 11, 2021 Page 27 Packet Pg. 67 7.2 City Council Agenda Item Meeting Date: 05/18/2021 Approval of claims Staff Lead: Dave Turley Department: Administrative Services Preparer: Lori Palmer Background/History Approval of claim checks #247294 through #247365 dated May 13, 2021 for $348,358.88. Staff Recommendation Approval of claims. 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: 05-13-21 voucher listing Packet Pg. 68 vchlist 05/13/2021 9:38:06AM Bank code: usbank Voucher Date Vendor 247294 5/13/2021 076040 911 SUPPLY INC 247295 5/13/2021 069798 A.M. LEONARD INC Voucher List City of Edmonds Invoice PO # Description/Account INV-2-10365 INV-2-10365 - EDMONDS PD - JOHNSE 5.11 STRYKE PDU L/S SHIRT 001.000.41.521.21.24.00 4 PATCH INSTALLATIONS 001.000.41.521.21.24.00 NAME TAPE 001.000.41.521.21.24.00 HEAT PRESS - POLICE 001.000.41.521.21.24.00 10.1 % Sales Tax 001.000.41.521.21.24.00 INV-2-10367 INV-2-10367 - EDMONDS PD - LOCKE BLAUER PANTS 001.000.41.521.22.24.00 10.1 % Sales Tax 001.000.41.521.22.24.00 INV-2-10368 INV-2-10368 - EDMONDS PD - TRIMBLE EXTERNAL CARRIER 001.000.41.521.22.24.00 SAFARILAND ID PANEL 001.000.41.521.22.24.00 HEAT PRESS EDMONDS PD 001.000.41.521.22.24.00 2 NAME TAPES 001.000.41.521.22.24.00 2 VELCRO 001.000.41.521.22.24.00 10.1 % Sales Tax 001.000.41.521.22.24.00 Total CI21167989 PM SUPPLIES: HOSE CONNECTOR PM SUPPLIES: HOSE CONNECTOR 001.000.64.576.81.31.00 7.2.a Page: Page: 1 Packet Pg. 69 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 2 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247295 5/13/2021 069798 069798 A.M. LEONARD INC (Continued) Total : 119.91 247296 5/13/2021 065052 AARD PEST CONTROL 44471 PARK MAINT PEST CONTROL CUST 1-1 PARK MAINT PEST CONTROL CUST 1- 001.000.64.576.80.41.00 125.0( 10.4% Sales Tax 001.000.64.576.80.41.00 13.0( Total : 138.01 247297 5/13/2021 078355 ABUMATHANEH, EBTESAM HASAN 2005744.009 REFUND: CLASS CANCELLATION: COV REFUND: CLASS CANCELLATION: COV 001.000.239.200 180.0( Total: 180.01 247298 5/13/2021 064088 ADT COMMERCIAL 139775547 ALARM MONITORING CITY HALL ALARM MONITORING CITY HALL 121 5- 001.000.66.518.30.42.00 129.0E 139775548 FIRE INSPECTION CITY HALL ALARM MONITORING CITY HALL 121 5- 001.000.66.518.30.42.00 84.8! Total : 213.90 247299 5/13/2021 000850 ALDERWOOD WATER DISTRICT 10796 MONTHLY WHOLESALE WATER CHAR( MONTHLY WHOLESALE WATER CHAR( 421.000.74.534.80.33.00 143,581.5( Total : 143,581.51 247300 5/13/2021 001375 AMERICAN PLANNING ASSOCIATION 204623-2144 PLANNING - MISC (MEMBERSHIP) Michele Szafran - APA Membership 001.000.62.558.60.49.00 355.0( Total: 355.01 247301 5/13/2021 073573 ANIXTER 231<274109 PM SUPPLIES: LOCKS PM SUPPLIES: LOCKS 001.000.64.576.80.31.00 367.4! 10.4% Sales Tax 001.000.64.576.80.31.00 38.2 Page: 2 Packet Pg. 70 vchlist 05/13/2021 9:38:06AM Bank code: usbank Voucher Date Vendor 247301 5/13/2021 073573 073573 ANIXTER 247302 5/13/2021 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Total 656000039080 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 656000039081 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 10.4% Sales Tax 001.000.66.518.30.24.00 656000040867 PUBLIC WORKS OMC LOBBY MATS PUBLIC WORKS OMC LOBBY MATS 001.000.65.518.20.41.00 PUBLIC WORKS OMC LOBBY MATS 111.000.68.542.90.41.00 PUBLIC WORKS OMC LOBBY MATS 421.000.74.534.80.41.00 PUBLIC WORKS OMC LOBBY MATS 422.000.72.531.90.41.00 PUBLIC WORKS OMC LOBBY MATS 423.000.75.535.80.41.00 PUBLIC WORKS OMC LOBBY MATS 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 7.2.a Page: 3 Page: 3 Packet Pg. 71 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 4 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247302 5/13/2021 069751 ARAMARK UNIFORM SERVICES (Continued) 10.4% Sales Tax 511.000.77.548.68.41.00 0.6' 656000040880 FLEET DIVISION UNIFORMS & MATS FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 9.25 FLEET DIVISION MATS 511.000.77.548.68.41.00 19.1( 10.4% Sales Tax 511.000.77.548.68.24.00 0.91 10.4% Sales Tax 511.000.77.548.68.41.00 1.9f Total : 167.21 247303 5/13/2021 064807 ATS AUTOMATION INC t120630 PM: YOST POOL BOILER PM: YOST POOL BOILER 001.000.64.576.80.41.00 405.0( 10.4% Sales Tax 001.000.64.576.80.41.00 42.1, Total : 447.1, 247304 5/13/2021 001801 AUTOMATIC WILBERT VAULT CO 71490 ROUGH BOX - LIANG ROUGH BOX - LIANG 130.000.64.536.20.34.00 627.0( Total : 627.01 247305 5/13/2021 069226 BHC CONSULTANTS LLC 0013839 WWTP: 3/27-4/23/21 SERVICES 3/27-4/23/21 SERVICES 423.000.76.535.80.41.00 995.0( Total : 995.01 247306 5/13/2021 078354 BISON GARDENS 24814 CEMETERY: WALKER MOWER CEMETERY: WALKER MOWER 130.000.64.536.50.48.00 17,401.1( 10.4% Sales Tax 130.000.64.536.50.48.00 1, 809.7' Page: 4 Packet Pg. 72 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 5 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247306 5/13/2021 078354 078354 BISON GARDENS (Continued) Total : 19,210.8' 247307 5/13/2021 076930 BLACKFIN TECHNOLOGIES NW INC 210401 WATER/ SEWER - NEW TELEMETRY SE WATER/ SEWER - NEW TELEMETRY SE 421.000.74.534.80.41.00 1,000.0( WATER/ SEWER - NEW TELEMETRY SE 423.000.75.535.80.41.00 1,000.0( Total : 2,000.01 247308 5/13/2021 074307 BLUE STAR GAS 1248916 FLEET -AUTO PROPANE 567.50 GALLC FLEET -AUTO PROPANE 567.50 GALLC 511.000.77.548.68.34.12 951.9! 1250044 FLEET -AUTO PROPANE 575.60 GALLC FLEET -AUTO PROPANE 575.60 GALLC 511.000.77.548.68.34.12 975.71 Total : 1,927.71 247309 5/13/2021 073760 BLUELINE GROUP LLC 21041 E21JASERVICES THRU 4/30/21 E21 JA SERVICES THRU 4/30/21 421.000.74.594.34.41.00 47,101.6: Total : 47,101.0 247310 5/13/2021 003510 CENTRAL WELDING SUPPLY LY303143 FLEET - COMPRESSED ARGON/ GAS FLEET - COMPRESSED ARGON/ GAS 511.000.77.548.68.31.20 142.0' 10.5% Sales Tax 511.000.77.548.68.31.20 14.9( RN04210976 YOST POOL CYLINDER RENTAL YOST POOL CYLINDER RENTAL 001.000.64.576.80.45.00 60.0( 10.4% Sales Tax 001.000.64.576.80.45.00 6.2, Total: 223.1! 247311 5/13/2021 073135 COGENT COMMUNICATIONS INC MAY-2021 C/A CITYOFED00001 May-2021 Fiber Optics Internet 512.000.31.518.87.42.00 661.55 Page: 5 Packet Pg. 73 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 6 Bank code: usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 247311 5/13/2021 073135 073135 COGENT COMMUNICATIONS INC (Continued) Total : 661.51 247312 5/13/2021 072050 COMMUNITY TRANSIT 130274 CTR INCENTIVE PROGRAM- ORCA CAI CTR INCENTIVE PROGRAM- ORCA CAI 001.000.67.518.21.49.00 12,771.0( Total : 12,771.01 247313 5/13/2021 047450 DEPT OF INFORMATION SERVICES 2021040030 CUSTOMER ID# D200-0 SWV#0098113-i Scan Services for April 512.000.31.518.88.42.00 285.0( Total: 285.01 247314 5/13/2021 064531 DINES, JEANNIE 21-4082 CITY COUNCIL MEETING MINUTES 4/2, city council meeting minutes 4/27 001.000.25.514.30.41.00 385.2( Total : 385.21 247315 5/13/2021 007253 DUNN LUMBER 7925055 PM: SUPPLIES ACCT E000027 PM SUPPLIES: FASTENERS 001.000.64.576.80.31.00 19.1( 10.3% Sales Tax 001.000.64.576.80.31.00 1.9, Total: 21i ff 247316 5/13/2021 076610 EDMONDS HERO HARDWARE 2270 PM SUPPLIES: TAPE, PAINT BRUSH, P/ PM SUPPLIES: ROPE 001.000.64.576.80.31.00 19.5! 10.4% Sales Tax 001.000.64.576.80.31.00 2.0: 2271 PM SUPPLIES: ROPE PM SUPPLIES: ROPE 001.000.64.576.80.31.00 21.95 10.4% Sales Tax 001.000.64.576.80.31.00 2.25 2274 PM SUPPLIES: STORAGE BAGS, SHAR PM SUPPLIES: STORAGE BAGS, SHAR 001.000.64.576.80.31.00 12.1 " Page: 6 Packet Pg. 74 vchlist 05/13/2021 9:38:06AM Bank code: usbank Voucher Date Vendor 247316 5/13/2021 076610 EDMONDS HERO HARDWARE 247317 5/13/2021 008812 ELECTRONIC BUSINESS MACHINES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 10.4% Sales Tax 001.000.64.576.80.31.00 2275 PM SUPPLIES: SPRAY PAINT PM SUPPLIES: SPRAY PAINT 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 2276 PM SUPPLIES: NUTS, BOLTS PM SUPPLIES: NUTS, BOLTS 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 2281 PM SUPPLIES: HOSES, WASHERS, COI PM SUPPLIES: HOSES, WASHERS, COI 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 2283 PM SUPPLIES: NUTS, BOLTS, CAULK PM SUPPLIES: NUTS, BOLTS, CAULK 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 2286 PM SUPPLIES: CAULK PM SUPPLIES: CAULK 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 2287 PM SUPPLIES: SPRAY PAINT PM SUPPLIES: SPRAY PAINT 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Total AR189907 P&R COPIER USAGE: C57501 7.2.a Page: 7 Page: 7 Packet Pg. 75 vchlist 05/13/2021 9:38:06AM Bank code: usbank Voucher Date Vendor 247317 5/13/2021 008812 ELECTRONIC BUSINESS MACHINES 247318 5/13/2021 009815 FERGUSON ENTERPRISES INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) P&R COPIER USAGE: C57501: account 001.000.64.571.22.45.00 10.4% Sales Tax 001.000.64.571.22.45.00 AR191288 INV AR191288 - EDMONDS PD - ACCT 4/21 A12434&A12435 BW CHARGES 001.000.41.521.10.45.00 4/21 A12434&A12435 CLR CHARGES 001.000.41.521.10.45.00 10.4% Sales Tax 001.000.41.521.10.45.00 AR191661 DEV SVCS COPIER - MONTHLY CONTF Contract overages for 4/4/21 - 5/3/21- 001.000.62.524.10.45.00 10.4% Sales Tax 001.000.62.524.10.45.00 MK5611 ENG COPIER THRU 5/3/21 ENG COPIER THRU 5/3/21 001.000.67.518.21.49.00 10.4% Sales Tax 001.000.67.518.21.49.00 Total 0974511 WATER - INVENTORY COPER TUBE WATER - INVENTORY COPER TUBE 421.000.74.534.80.34.20 10.4% Sales Tax 421.000.74.534.80.34.20 0974511-1 WATER - PARTS WATER - PARTS 421.000.74.534.80.31.00 10.4% Sales Tax 421.000.74.534.80.31.00 Total 7.2.a Page: 8 Page: 8 Packet Pg. 76 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 9 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247319 5/13/2021 071998 FOSTER, KELSEY BID-8448 BID/ED! ARTICLES FOR MARCH, APRIL BID/ED! ARTICLES FOR MARCH, APRIL 140.000.61.558.70.41.00 960.0( Total : 960.0( 247320 5/13/2021 071467 GATEWAY PET MEMORIAL WA70014-1-0044 WA70014-1-0044 - EDMONDS PD DISPOSAL OF 6 ANIMAL REMAINS 001.000.41.521.70.41.00 79.0£ Total : 79.0£ 247321 5/13/2021 012900 HARRIS FORD INC 22742 UNIT 285 - PARTS UNIT 285 - PARTS 511.000.77.548.68.31.10 146.9E 10.5% Sales Tax 511.000.77.548.68.31.10 15.4: Total : 162.4, 247322 5/13/2021 078357 HILDEBRAND, ROTH & Ref000351241 UB Refund Cst #00201610 UB Refund Cst #00201610 411.000.233.000 220.1 , Total: 220.1, 247323 5/13/2021 061013 HONEY BUCKET 0552068361 FRANCES ANDERSON CENTER HONE` FRANCES ANDERSON CENTER HONE` 001.000.64.576.80.45.00 240.3! Total : 240.3E 247324 5/13/2021 071642 HOUGH BECK & BAIRD INC 13829 E20CE SERVICES THRU 4/25/2021 E20CE SERVICES THRU 4/25/2021 112.000.68.595.33.41.00 5,623.0£ Total : 5,623.0£ 247325 5/13/2021 060165 HWA GEOSCIENCES INC 31579 E21 FB SERVICES THRU4/23/21 E21 FB SERVICES THRU4/23/21 422.000.72.594.31.41.00 3,920.7E Total: 3,920.74 Page: 9 Packet Pg. 77 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 10 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247326 5/13/2021 072041 IBS INCORPORATED 754208-1 FLEET - SHOP SUPPLIES/ IMPACT POV FLEET - SHOP SUPPLIES/ IMPACT POV 511.000.77.548.68.35.00 67.4, Freight 511.000.77.548.68.35.00 12.0( 10.4% Sales Tax 511.000.77.548.68.35.00 8.2E Total: 87.7( 247327 5/13/2021 062320 INSPIRE WASHINGTON FOUNDATION 202100001037 2021 MEMBERSHIP EAC INSPIRE WA 2021 MEMBERSHIP EAC INSPIRE WA 117.100.64.573.20.49.00 100.0( Total : 100.0( 247328 5/13/2021 014940 INTERSTATE BATTERY SYSTEMS 300-10086171 FLEET - SHOP SUPPLIES FLEET - SHOP SUPPLIES 511.000.77.548.68.31.20 152.8' 10.4% Sales Tax 511.000.77.548.68.31.20 15.8� Total : 168.7( 247329 5/13/2021 078356 LARSON, O'LEARY & Ref000351240 UB Refund Cst #00193494 UB Refund Cst #00193494 411.000.233.000 141.0( Total : 141.0( 247330 5/13/2021 075474 LEACH, JENNIFER 05/03/2021 CLAIM FOR EXPENSES REIMBURSEMENT FOR PURCHASE OF 001.000.64.571.23.31.00 40.8, Total: 40.8, 247331 5/13/2021 075016 LEMAY MOBILE SHREDDING 4699779 SHREDDING SERVICES shredding services 001.000.25.514.30.41.00 17.9E shredding services 001.000.31.514.23.41.00 17.9E Page: 10 Packet Pg. 78 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 11 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247331 5/13/2021 075016 LEMAY MOBILE SHREDDING (Continued) 4699912 INV 4699912 - ACCT 2185-952778-819 - SHRED 3 - 65 GAL TOTES 001.000.41.521.10.41.00 12.0: Total : 47.9: 247332 5/13/2021 078345 MANTLE CLOTHING INV-00288 INV-00288 - EDMONDS PD - STANLEY MANTLE RAIN JACKET- STANLEY 001.000.41.521.23.24.00 380.0( 10.4% Sales Tax 001.000.41.521.23.24.00 39.5, Total : 419.5; 247333 5/13/2021 068489 MCLOUGHLIN & EARDLEY GROUP INC 0255792 E183PO/ E184PO - PARTS E183PO/ E184PO - PARTS 511.100.77.594.48.64.00 2, 825.1 , E183PO/ E184PO - PARTS 511.000.77.594.48.64.00 2, 825.1 , 10.4% Sales Tax 511.100.77.594.48.64.00 293.8, 10.4% Sales Tax 511.000.77.594.48.64.00 293.8' 0255935 E187PO - PARTS E187PO - PARTS 511.100.77.594.48.64.00 297.81 10.4% Sales Tax 511.100.77.594.48.64.00 30.9£ Total: 6,566.7 , 247334 5/13/2021 077706 MITCHELL 1 25919877 FLEET - ONLINE REPAIR MANUALS FLEET - ONLINE REPAIR MANUALS 511.000.77.548.68.49.00 1,728.0( 10.4% Sales Tax 511.000.77.548.68.49.00 179.7' Total : 1.907.7, Page: 11 Packet Pg. 79 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 12 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247335 5/13/2021 018950 NAPAAUTO PARTS 3276-909118 UNIT 41 - PARTS/ TRAILER LNS REPLA, UNIT 41 - PARTS/ TRAILER LNS REPLA, 511.000.77.548.68.31.10 11.8, 10.5% Sales Tax 511.000.77.548.68.31.10 1.2, Total : 13.01 247336 5/13/2021 024001 NC MACHINERY SECS0710402 UNIT 101 - PARTS UNIT 101 - PARTS 511.000.77.548.68.31.10 182.1( Freight 511.000.77.548.68.31.10 21.5( 10.4% Sales Tax 511.000.77.548.68.31.10 21.1 £ Total: 224.7£ 247337 5/13/2021 065720 OFFICE DEPOT 166983955001 INV 166983955001 - ACCT 90520437 - P� PUBLIC WORKS - NAPKINS, RUBBERB, 001.000.65.518.20.31.00 31.7( 10.4% Sales Tax 001.000.65.518.20.31.00 3.3( 168941756001 168941756001 - ACCT 90520437 - EDMC BLACK PENS - 8 BOXES -DISCOUNT 001.000.41.521.10.31.00 103.8, 10.4% Sales Tax 001.000.41.521.10.31.00 10.8( 16903707001 16903707001 - ACCT 90520437 - EDMOI DYMO LABELS 1/8 X 3.5 001.000.41.521.10.31.00 67.2£ 10.4% Sales Tax 001.000.41.521.10.31.00 7.0( Total : 223.9 , 247338 5/13/2021 077808 OSBORN CONSULTING INC 6079 EOFB SERVICES THRU 3/31/21 EOFB SERVICES THRU 3/31/21 422.000.72.594.31.41.00 19.194.0( Page: 12 Packet Pg. 80 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 13 Bank code: usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 247338 5/13/2021 077808 077808 OSBORN CONSULTING INC (Continued) Total : 19,194.01 247339 5/13/2021 073871 PERSONNEL EVALUATION INC 40039 INV 40039 EDMONDS PD -APRIL 2021 WEB -BASED PEP TEST 001.000.41.521.10.41.00 20.0( Total: 20.01 247340 5/13/2021 074793 PETDATA INC 9627 INV 9627 -APRIL 2021- EDMONDS PD 62 ONE YR PET LICENSES 001.000.41.521.70.41.00 260.4( 3 LATE FEES COLLECTED 001.000.41.521.70.41.00 7.5( Total: 267.91 247341 5/13/2021 028860 PLATT ELECTRIC SUPPLY 1 N28628 SEWER - ELECTRICAL TESTER/ SPLICI SEWER - ELECTRICAL TESTER/ SPLICI 423.000.75.535.80.31.00 142.5: 10.4% Sales Tax 423.000.75.535.80.31.00 14.8; Total: 157.3! 247342 5/13/2021 029117 PORT OF EDMONDS 03870 PORT RIGHT-OF-WAY LEASE FOR CIT`r PORT RIGHT-OF-WAY LEASE FOR CITI 422.000.72.531.90.41.50 4,011.5! Total : 4,011.5! 247343 5/13/2021 071559 PUBLIC SAFETY PSYCHOLOGICAL SV 1391 INV 1391 EDMONDS PD -APRIL 2021 POST OFFER EVAL 4/15/21 001.000.41.521.10.41.00 400.0( POST OFFER EVAL 4/17/21 001.000.41.521.10.41.00 400.0( CRITICAL INCIDENT DEBRIEF 4/21/21 001.000.41.521.10.41.00 200.0( Total : 1,000.01 247344 5/13/2021 077461 PUGET SOUND PLANTS INC 125465 PM: FLOWER PROGRAM PLANTS PM: FLOWER PROGRAM PLANTS Page: 13 Packet Pg. 81 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 14 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247344 5/13/2021 077461 PUGET SOUND PLANTS INC (Continued) 001.000.64.576.81.31.00 227.5( 7.8% Sales Tax 001.000.64.576.81.31.00 17.7( Total : 245.2! 247345 5/13/2021 075770 QUADIENT FINANCE USA INC 7900 0440 8030 3286 QUADIENT POSTAGE/SUPPLIES quadient postage/supply 001.000.25.514.30.42.00 52.0 , Total: 52.0 , 247346 5/13/2021 075769 QUADIENT LEASING USA INC N8845983 POSTAGE LEASE MAR 1 TO MAY 29 20: postage lease mar to may 001.000.25.514.30.42.00 612.8( 10.4% Sales Tax 001.000.25.514.30.42.00 60.4( N8845984 POSTAGE LEASE MAY 29 TO AUG 28, 2 postage lease may to aug 2021 001.000.25.514.30.42.00 192.0( 10.4% Sales Tax 001.000.25.514.30.42.00 19.9 " Total: 885.1, 247347 5/13/2021 030780 QUIRING MONUMENTS INC 32518 INSCRIPTION SHUTTER/NICHE-CHAPN INSCRIPTION SHUTTER/NICHE-CHAPN 130.000.64.536.20.34.00 150.0( 32519 INSCRIPTION SHUTTER/NICHE-WESTE INSCRIPTION SHUTTER/NICHE-WESTE 130.000.64.536.20.34.00 150.0( 32520 INSCRIPTION SHUTTER/NICHE-HESS INSCRIPTION SHUTTER/NICHE-HESS 130.000.64.536.20.34.00 150.0( 32521 INSCRIPTION SHUTTER/NICHE-WATSC INSCRIPTION SHUTTER/NICHE-WATSC 130.000.64.536.20.34.00 150.0( 32734 INSCRIPTION SHUTTER/NICHE-ANDEF Page: 14 Packet Pg. 82 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 15 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247347 5/13/2021 030780 QUIRING MONUMENTS INC (Continued) INSCRIPTION SHUTTER/NICHE-ANDEF 130.000.64.536.20.34.00 150.0( Total: 750.0( 247348 5/13/2021 061540 REPUBLIC SERVICES #197 3-0197-0800478 FIRE STATION #20 23009 88TH AVE W FIRE STATION #20 23009 88TH AVE W 001.000.66.518.30.47.00 238.8 , 3-0197-0800897 PUBLIC WORKS OMC 7110 210TH ST S PUBLIC WORKS OMC 7110 210TH ST S 001.000.65.518.20.47.00 39.0, PUBLIC WORKS OMC 7110 210TH ST S 111.000.68.542.90.47.00 148.3, PUBLIC WORKS OMC 7110 210TH ST S 421.000.74.534.80.47.00 148.3, PUBLIC WORKS OMC 7110 210TH ST S 423.000.75.535.80.47.10 148.3: PUBLIC WORKS OMC 7110 210TH ST S 511.000.77.548.68.47.00 148.3, PUBLIC WORKS OMC 7110 210TH ST S 422.000.72.531.90.47.00 148.3, 3-0197-0801132 FIRE STATION #16 8429 196TH ST SW FIRE STATION #16 8429 196TH ST SW 001.000.66.518.30.47.00 258.0E 3-0197-0829729 CLUBHOUSE 6801 N MEADOWDALE RI CLUBHOUSE 6801 N MEADOWDALE RI 001.000.66.518.30.47.00 71.6! Total : 1,349.2! 247349 5/13/2021 074834 ROBINSON, JASON ROBINSON EXP CLAIM ROBINSON EXPENSE CLAIM - WSHNA PER DIEM - BOISE - 5/2-5/5/21 001.000.41.521.40.43.00 163.0( Total: 163.0( 247350 5/13/2021 066964 SEATTLE AUTOMOTIVE DIST INC S3-6310734 UNIT 285 - PARTS/ VALVE UNIT 285 - PARTS/ VALVE Page: 15 Packet Pg. 83 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 16 Bank code: usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 247350 5/13/2021 066964 SEATTLE AUTOMOTIVE DIST INC (Continued) 511.000.77.548.68.31.10 80.4£ 10.4% Sales Tax 511.000.77.548.68.31.10 8.3 , S5-6315105 FLEET - PARTS FLEET - PARTS 511.000.77.548.68.34.40 320.5( 10.4% Sales Tax 511.000.77.548.68.34.40 33.3, Total : 442.61 247351 5/13/2021 067076 SEATTLE PUMPAND EQUIPMENT CO 220521-1 UNIT 47 - INLINE HYDOR-EXCAVATION UNIT 47 - INLINE HYDOR-EXCAVATION 511.000.77.548.68.31.10 640.0( Freight 511.000.77.548.68.31.10 19.9! 10.4% Sales Tax 511.000.77.548.68.31.10 68.6, Total: 728.51 247352 5/13/2021 061135 SEAVIEW BUICK GMC 305614 UNIT 28 - PARTS UNIT 28 - PARTS 511.000.77.548.68.31.10 25.6'. 10.5% Sales Tax 511.000.77.548.68.31.10 2.6( Total : 28.3, 247353 5/13/2021 074997 SEITEL SYSTEMS, LLC 55518 REMOTE COMPUTER SUPPORT Remote computer support - 4/13/21, 512.000.31.518.88.41.00 2,992.5( Total : 2,992.51 247354 5/13/2021 068132 SHORELINE CONSTRUCTION CO ESJB.Pmt 16 ESJB.PMT 16 THRU 3/31/21 ESJB.PMT 16 THRU 3/31/21 421.000.74.594.34.65.10 7,513.3: ESJB.PMT 16 THRU 3/31/21 Page: 16 Packet Pg. 84 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 17 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247354 5/13/2021 068132 SHORELINE CONSTRUCTION CO (Continued) 422.000.72.594.31.65.20 7,513.3: ESJB.PMT 16 THRU 3/31/21 423.000.75.594.35.65.30 7,513.3, ESJB.PMT 16 THRU 3/31/21 112.000.68.595.61.65.00 2,662.1 , Total: 25,202.1: 247355 5/13/2021 036955 SKY NURSERY T-1789272 CEMETERY: FLOWER HANGING BASK[ CEMETERY: FLOWER HANGING BASK[ 130.000.64.536.50.31.00 164.9 , 10.3% Sales Tax 130.000.64.536.50.31.00 16.94 Total: 181.91 247356 5/13/2021 037375 SNO CO PUD NO 1 200202919 LIFT STATION #8 113 RAILROAD AVE / LIFT STATION #8 113 RAILROAD AVE / 423.000.75.535.80.47.10 60.8: 200274959 TRAFFIC LIGHT 23602 76TH AVE W / MI TRAFFIC LIGHT 23602 76TH AVE W / MI 111.000.68.542.64.47.00 16.6( 200326460 HUMMINGBIRD PARK 1000 EDMONDS HUMMINGBIRD PARK 1000 EDMONDS 001.000.64.576.80.47.00 16.0: 200493153 TRAFFIC LIGHT 22000 76TH AVE W / MI TRAFFIC LIGHT 22000 76TH AVE W / MI 111.000.68.542.64.47.00 37.0f 200663953 ANWAY PARK 131 SUNSET AVE / METE ANWAY PARK 131 SUNSET AVE / METE 001.000.64.576.80.47.00 65.0: 200748606 TRAFFIC LIGHT 9730 220TH ST SW / MI TRAFFIC LIGHT 9730 220TH ST SW / MI 111.000.68.542.64.47.00 13.7, 200943348 TRAFFIC LIGHT 23202 EDMONDS WAY TRAFFIC LIGHT 23202 EDMONDS WAY 111.000.68.542.64.47.00 35.4: Page: 17 Packet Pg. 85 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 18 Bank code: usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 247356 5/13/2021 037375 SNO CO PUD NO 1 (Continued) 201054327 BRACKETT'S LANDING NORTH 50 RAIL BRACKETT'S LANDING NORTH 50 RAIL y 001.000.64.576.80.47.00 46.4! cYi 201103561 TRAFFIC LIGHT 23800 FIRDALE AVE / N t TRAFFIC LIGHT 23800 FIRDALE AVE / N v 111.000.68.542.64.47.00 33.0: •� 201192226 TRAFFIC LIGHT 20408 76TH AVE W / ME v TRAFFIC LIGHT 20408 76TH AVE W / MI O 111.000.68.542.64.47.00 15.1 £ Fa 201501277 LIFT STATION #14 7905 1/2 211TH PL S1 > 0 LIFT STATION #14 7905 1/2 211TH PL S1 Q 423.000.75.535.80.47.10 19.3, Q 201532926 LIFT STATION #7 121 W DAYTON ST / IV .. LIFT STATION #7 121 W DAYTON ST / M 423.000.75.535.80.47.10 134.8( N 201711785 STREET LIGHTING 1 LIGHTS @ 150W) STREET LIGHTING (183 LIGHTS @ 1501 111.000.68.542.63.47.00 8.61 v 0 202077194 FIRE STATION #20 23009 88TH AVE W / 0 FIRE STATION #20 23009 88TH AVE W / 001.000.66.518.30.47.00 471.8( M 202139655 BRACKETT'S LANDING SOUTH 100 RAI r BRACKETT'S LANDING SOUTH 100 RAI p 001.000.64.576.80.47.00 32.3' +% c 202250635 9TH/CASPER LANDSCAPE BED / METE 9TH/CASPER LANDSCAPE BED / METE t 001.000.64.576.80.47.00 16.0: UM 202289096 TRAFFIC LIGHT 22400 HWY 99 / METEF Q TRAFFIC LIGHT 22400 HWY 99 / METEF 111.000.68.542.64.47.00 63.6, 202356739 TRAFFIC LIGHT 21530 76TH AVE W / MI TRAFFIC LIGHT 21530 76TH AVE W / MI 111.000.68.542.64.47.00 30.6E 202499539 LIFT STATION #1 105 CASPERS ST / ME LIFT STATION #1 105 GASPERS ST / ME Page: 18 Packet Pg. 86 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 19 Bank code: usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 247356 5/13/2021 037375 SNO CO PUD NO 1 (Continued) 423.000.75.535.80.47.10 479.8E 202529186 STREET LIGHTING (406 LIGHTS @ 2001 y STREET LIGHTING (406 LIGHTS @ 200' v 111.000.68.542.63.47.00 3,955.0' t 202529202 STREET LIGHTING 7 LIGHTS @ 400W) v E STREET LIGHTING (7 LIGHTS @ 400W) 111.000.68.542.63.47.00 110.5( v 202576153 STREET LIGHTING (2097 LIGHTS @ 101 O STREET LIGHTING (2097 LIGHTS @ 101 ru 111.000.68.542.63.47.00 13,536.9, p 202579488 STREET LIGHTING (33 LIGHTS @ 250V\ Q STREET LIGHTING (33 LIGHTS @ 250\A Q' Q 111.000.68.542.63.47.00 204714893 STREET LIGHTING (1 LIGHT @ 150W) / STREET LIGHTING (1 LIGHT @ 150W) / N 111.000.68.542.63.47.00 6.1' 204714927 STREET LIGHTING (19 LIGHTS @ 200V\ STREET LIGHTING (19 LIGHTS @ 200V\ v 111.000.68.542.63.47.00 158.7( 0> 204714935 STREET LIGHTING (5 LIGHTS @ 400W) STREET LIGHTING (5 LIGHTS @ 400W) M 111.000.68.542.63.47.00 86.5! r 204714943 STREET LIGHTING (4 LIGHTS @ 100W) p STREET LIGHTING (4 LIGHTS @ 100W) 111.000.68.542.63.47.00 18.8, N 204714950 STREET LIGHTING (12 LIGHTS @ 250V\ E t STREET LIGHTING (12 LIGHTS @ 250V\ v 111.000.68.542.63.47.00 134.9E Q 205307580 DECORATIVE & STREET LIGHTING 226 DECORATIVE & STREET LIGHTING 226 111.000.68.542.64.47.00 135.9! 220547582 TRAFFIC LIGHT SR104 @ 95TH AVE W TRAFFIC LIGHT SR104 @ 95TH AVE W 111.000.68.542.63.47.00 38.5t 220792758 TRAFFIC LIGHT 22730 HWY 99 - METEF Page: 19 Packet Pg. 87 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 20 Bank code: usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 247356 5/13/2021 037375 SNO CO PUD NO 1 (Continued) TRAFFIC LIGHT 22730 HWY 99 - METEF 111.000.68.542.64.47.00 81.4, 221593742 TRAFFIC LIGHT 21132 76TH AVE W / ME TRAFFIC LIGHT 21132 76TH AVE W / ME 111.000.68.542.64.47.00 73.3 , 222398059 SIGNAL CABINET 22730 HIGHWAY 99 - 22730 Highway 99, Signal Cabinet - 111.000.68.542.64.47.00 58.1 222721177 STORMWATER PUMP STATION - 51 W E STORMWATER LIFT STATION - 51 W 422.000.72.531.90.47.00 42.6, 222818874 DECORATIVE LIGHTING 115 2ND AVE E Decorative Lighting 115 2nd Ave S / 111.000.68.542.63.47.00 16.6( Total: 20,429.71 247357 5/13/2021 075292 SNOHOMISH CO AUDITOR'S OFFICE Kisan LLC SALE PROHIBITION COVENANT - KISAI sale prohibition convenant for planning 001.000.25.514.30.49.00 104.5( Total : 104.51 247358 5/13/2021 038300 SOUND DISPOSAL CO 103587 PARKS MAINT GARBAGE & RECYCLIN( PARKS MAINT GARBAGE AND RECYCL 001.000.64.576.80.47.00 1,040.2- Total : 1,040.2- 247359 5/13/2021 066056 THE SEATTLE TIMES 6391 VISIT EDMONDS DIGITAL ADS FOR APF VISIT EDMONDS DIGITAL ADS FOR APF 120.000.31.575.42.41.40 1,500.0( Total : 1,500.01 247360 5/13/2021 038315 TK ELEVATOR CORPORATION US53294 ELEVATOR MAINTENANCE SNO-ISLE L ELEVATOR MAINTENANCE SNO-ISLE L 001.000.66.518.30.48.00 1,472.74 10.4% Sales Tax Page: 20 Packet Pg. 88 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 21 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247360 5/13/2021 038315 TK ELEVATOR CORPORATION (Continued) 001.000.66.518.30.48.00 153.1',, US53301 ELEVATOR MAINTENANCE F. ANDERS( ELEVATOR MAINTENANCE FRANCES A 001.000.66.518.30.48.00 1, 339.1 , 10.4% Sales Tax 001.000.66.518.30.48.00 139.2 , US53869 ELEVATOR MAINTENANCE CIVIC CENT ELEVATOR MAINTENANCE CIVIC CENT 001.000.66.518.30.48.00 1, 351.9' 10.4% Sales Tax 001.000.66.518.30.48.00 140.6( Total : 4,596.9' 247361 5/13/2021 077070 UNITED RECYCLING & CONTAINER 130071 PARKS - DUMP FEES PARKS - DUMP FEES 001.000.64.576.80.47.00 285.0( Total : 285.0( 247362 5/13/2021 067195 WASHINGTON TREE EXPERTS 121-308 PM: TREE REMOVAL: PINE RIDGE PART PM: TREE REMOVAL: PINE RIDGE PARI 001.000.64.576.80.41.00 875.0( 10.4% Sales Tax 001.000.64.576.80.41.00 91.0' 121-309 PM: TREE SERVICE: CITY PARK PM: TREE SERVICE: CITY PARK 001.000.64.576.80.41.00 1,075.0( 10.4% Sales Tax 001.000.64.576.80.41.00 111.8' Total : 2,152.8; 247363 5/13/2021 075635 WCP SOLUTIONS 12243277 PARKS FACILITY MAINT SUPPLIES PARKS FACILITY MAINT SUPPLIES 001.000.64.576.80.31.00 1,326.0( 10.4% Sales Tax 001.000.64.576.80.31.00 137.9( Page: 21 Packet Pg. 89 vchlist 05/13/2021 9:38:06AM Voucher List City of Edmonds 7.2.a Page: 22 Bank code: Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 247363 5/13/2021 075635 WCP SOLUTIONS (Continued) 12243278 PARKS FACILITY MAINT SUPPLIES PARKS FACILITY MAINT SUPPLIES 001.000.64.576.80.31.00 40.2£ 10.4% Sales Tax 001.000.64.576.80.31.00 4.1 ! Total: 1,508.3, 247364 5/13/2021 064008 WETLANDS & WOODLANDS 32963 PM:PLANTS PM:PLANTS 00 1.000.64.576.81.3 1.00 171.0( 7.8% Sales Tax 001.000.64.576.81.31.00 13.3, 32964 PM:PLANTS PM:PLANTS 001.000.64.576.81.31.00 462.0( 7.8% Sales Tax 001.000.64.576.81.31.00 36.0, 33154 PM:PLANTS PM:PLANTS 125.000.64.576.80.31.00 445.0( 7.8% Sales Tax 125.000.64.576.80.31.00 34.7' Total : 1,162.0! 247365 5/13/2021 011900 ZIPLY FIBER 206-188-0247 TELEMETRY MASTER SUMMARY ACCC TELEMETRY MASTER SUMMARY ACCC 421.000.74.534.80.42.00 272.0, TELEMETRY MASTER SUMMARY ACC( 423.000.75.535.80.42.00 272.0, 425-774-1031 LIFT STATION #8 VG SPECIAL ACCESS LIFT STATION #8 TWO VOICE GRADE E 423.000.75.535.80.42.00 47.5( 425-776-1281 SNO-ISLE LIBRARY ELEVATOR PHONE SNO-ISLE LIBRARY ELEVATOR PHONE 001.000.66.518.30.42.00 60.2! Page: 22 Packet Pg. 90 vchlist 05/13/2021 9:38:06AM Bank code: usbank Voucher Date Vendor 247365 5/13/2021 011900 ZIPLY FIBER 72 Vouchers for bank code : usbank 72 Vouchers in this report Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 425-776-2742 LIFT STATION #7 VG SPECIALACCESS LIFT STATION #7 V/G SPECIALACCES£ 423.000.75.535.80.42.00 425-776-5316 425-776-5316 PARKS MAINT FAX LINE 425-776-5316 PARKS MAINT FAX LINE 001.000.64.576.80.42.00 Total Bank total Total vouchers 7.2.a Page: 23 Page: 23 Packet Pg. 91 7.3 City Council Agenda Item Meeting Date: 05/18/2021 Confirm appointment of board/commission candidate Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Planning Board position #5 was opened at the beginning of 2021. Mayor Nelson interviewed all eight candidates that applied for the position. Staff Recommendation Confirm appointment of Judy Gladstone to Planning Board position #5 Narrative Mayor Nelson has chosen candidate Judi Gladstone to fill position #5 of the Planning Board. Packet Pg. 92 7.4 City Council Agenda Item Meeting Date: 05/18/2021 Confirm appointment of board/commission candidate Staff Lead: Carolyn LaFave Department: Mayor's Office Preparer: Carolyn LaFave Background/History Planning Board position #2 was vacated on May 12, 2021 due to the resignation of Dan Robles. Roger Pence, who held the Alternate position, moved into the unexpired term of position #2. This left the Alternate position open. Staff Recommendation Confirm appointment of Richard Keuhn to Planning Board Alternate position. Narrative Mayor Nelson has chosen candidate Richard Keuhn to fill the Alternate position on the Planning Board. Packet Pg. 93 7.5 City Council Agenda Item Meeting Date: 05/18/2021 2020 Traffic Impact Fee Annual Report Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On March 11, 2021, staff presented this item to the Parks and Public Works Committee and the committee placed the item on the May 18, 2021 consent agenda for information. Staff Recommendation No action required by the City Council. Item is for information only. Narrative In 2004, the City authorized the collection of Traffic Impact Fees to help pay for transportation projects that are needed to serve new growth and development. Pursuant to Section 3.36.080(C) of the Edmonds City Code (ECC), Attachment 1 is an accounting of the Traffic Impact Fee Fund for 2020. The City collected a total of $805,648 in traffic impact fees during 2020. These revenues combined with the 2019 beginning fund balance of $947,595 resulted in a total available funding of $1,753,243. On the expense side and in accordance with section 3.36.100 of the ECC, the traffic impact fee fund paid $40,121 for the annual debt service to the Public Works Trust Fund (PWTF) for the 220th Street SW Improvements Project. Attachments: Attachment 1 - 2020 Traffic Impact Fee Report Attachment 2 - Traffic Impact Fee Summary 2020 Packet Pg. 94 7.5.a Recei Pt Date Permit Number Number 01/15/2020 BLD2019-1247 R1948 01/22/2020 BLD2019-0116 R2047 01/30/2020 BLD2019-1212 R2568 3/2020 BLD2019-1459 R3387 4/2020 BLD2018-1622 R4178 5/2020 BLD2019-1175 R4194 5/2020 BLD2019-1245 R4194 0/2020 BLD2019-0184 R4295 5/2020 BLD2019-1461 R4832 4/2020 BLD2019-1176 R4965 4/2020 BLD2019-1246 R4965 8/2020 BLD2018-1466 R4981 9/2020 BLD2019-1601 R5361 6/2020 BLD2019-0975 R5429 3/2020 BLD2020-0045 R5628 Site Address Select Homes Inc. 9621 215th PI. SW Aw 9527 190th PI. SW Ikegami Properties LLC (Mazda) 22214 Highway 99 Select Homes Inc. 21513 98th Ave. W GRE Apartments 23400 Highway 99 Select Homes Inc. 9616 215th PI. SW Select Homes Inc. 9617 215th PI. SW Pine Street Views LLC 917 Pine St. Select Homes Inc. 21509 98th Ave. W Select Homes Inc. 9618 215th PI. SW Select Homes Inc. 9619 215th PI. SW Chung 725 Edmonds Way M & G Group 8710 196th St. SW Groset 22029 96th Ave. W Select Homes Inc. 21328 82nd PI. W Transportation Impact Fee Receipts and Funds Transfer Data Record Transportation Impact Fee Fund Account Number: 112.502.345.86.000.00 RECEIPTS Fee Collected with Previous New ITE Land Use ITE Land Use Notes Building Permit Fee Amount vacant SFR X $6,249.1 vacant SFR X $4,561.5 vacant auto repair garage New 13,885 sq. ft. auto service X $46,313.5 building vacant SFR X $6,249.14 vacant apartment 192 units X $550,808.92 vacant SFR X $6,249.14 vacant SFR X $6,249.14 vacant SFR X $6,249.14 vacant SFR X $6,249.14 vacant SFR X $6,249.14 vacant SFR X $6,249.14 vacant SFR X $6,249.14 vacant SFR X $6,249.14 vacant SFR X $6,249.14 vacant SFR X $6,249.14 TRANSFERS 2020 Transaction Amount Cumulative Fund Name I Reference Transferred Total $953,844.30 $958,405.67 $1,004,718.97 $1,010,968.11 $1,561,777.03 $1,568,026.17 $1,574,275.31 $1,580,524.45 $1,586,773.59 $1,593,022.73 $1,599,271.87 $1,605,521.01 $1,611,770.15 $1,618,019.29 $1,624,268.43 Packet Pg. 95 7.5.a 06/12/2020 BLD2019-1111 R5756 Graphite vacant art studio, gallery & X $45,006.08 cafe 202 Main St. 06/17/2020 BLD2019-1025 R5825 Vector One LLC / Ritter vacant SFR X $6,249.14 8354 Olympic View Dr. 07/02/2020 BLD2020-0142 R6110 McDowell vacant SFR X $6,249.14 23517 75th Ave. W 07/02/2020 BLD2020-0143 R6110 McDowell vacant SFR X $6,249.14 23525 75th Ave. W 07/24/2020 BLD2020-0250 R6589 Evans vacant SFR X $6,249.14 20018 83rd Ave. W 09/09/2020 BLD2019-0951 R7468 Edmonds Crossing Apartments 2 SFRs Condo 10 units w/ credit for 2 X $31,499.86 demolished SFRs 23830 Edmonds Way 12/09/2020 BLD2019-0530 R9018 Main Street Commons - Phase 2 vacant/parking specialty retail 5,660 sq. ft. of new specialty X $25,356.80 retail. 558 Main St. 12/16/2020 BLD2020-0569 R9102 23423 Commissary Kitchen convenience restaurant X $2,115.51 store 23423 Highway 99 12/31 /2020 TOTAL Traffic Impact Fess $805,648.08 Interest Earned $0.00 $1,669,274.51 $1,675,523.65 $1,681,772.79 $1,688,021.93 $1,694,271.07 $1,725,770.93 $1,751,127.73 $1,753,243.24 PWTF Annual GJ CAFR 10 Loan Payment-$40,121.30 2020 YEAR-END BALANCE $1,713,121.94 Packet Pg. 96 7.5.b r L O Q a d U- u m 0. E ci L O N O N O N O N L c� cG G v! m U- :.i cQ G :.i L N C E t V fC r a r-i C d E L V R r a Packet Pg. 97 7.5.b ONO inning Balance act Fees r-xpenditures 220t" St. Loan Payment Ending Balance �P. He nc, $947,599 $805,648 (40, 12 1) $1,713,1211 Packet Pg. 98 7.5.b 2004-10 Impact Fees $589,645 $307,678 $29,966 $156,652 $202,295 $66,334 $139,031 $372,481 $201,348 $442,245 $805,648 $3,313,323 r 0 rL a U- M 0. E L O N O N O N O N L U) U- L N C Q a Packet Pg. 99 7.6 City Council Agenda Item Meeting Date: 05/18/2021 Approve 10-ft street dedications along Puget Drive and 9th Ave N adjacent to 1414 9th Ave N Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On May 11, 2021, staff presented this item to the Parks and Public Works Committee and the committee placed the item on the May 18, 2021 consent agenda for approval. Staff Recommendation Approve the 10-ft street dedications along Puget drive and 9th Ave N adjacent to 1414 9th Ave N. Narrative The City is currently reviewing a proposed 2-lot subdivision, at 1414 91" Ave N. In accordance with Edmonds Community Development Code (ECDC) 20.75.085 (Subdivision - Review Criteria), the city council may require dedication of land in the proposed subdivision for public use. In accordance with ECDC 18.50.020 (Official Street Map - Dedication presumption and requirement), applicants for a subdivision shall be presumed to create development impacts upon the street and transportation system of the city and such presumed impacts shall be mitigated by the dedication of such right-of-way to the city and to public use. The City's Official Street Map indicates a 10-foot right-of-way dedication is required along both property frontages - Puget Way and 9t" Ave N. As a condition of development, the 10-foot right-of-way along each property frontage shall be deeded to the City. Subsequent to City Council approval, the street dedication will be recorded against the subject property with the final plat documents for the subdivision. Attachments: Attachment 1-Sundstone SP - Vicinity Map Attachment 2-Sundstone SP - Site Plan Packet Pg. 100 I 7.6.a I f e UGET o Gc S I TE 00 F- c J U D ( 0 � Z � N O _ MONDS — co N VICINITY MAP SCALE 1" = 1000' FIG. 1 OMEGA VICINITY MAP ENGINEERING, INC. S U N D S TO N E S P 2707 WETMORE AVE. DATE JOB NO. SCALE SHEET Everett WA 98201 (0)425.387.3820 M 425.259.1958 9/14/20 19— 0117 1 " = 10001 OF 1 Packet Pg. 101 7.6.b 0 _ m YONE P w e SECTION 13, TOWNSHIP 27NRANGE 3E. W T z 9 O P - - U $ �' SITE Un W ACCSESS EASEMENT tif7 20,0' i f I i e, 18' -cn I - - - I W i a G ' c Top _�3 <L< <1<Vl< ? _t ,> EX.! I 30.0' a 00 I tV 40 ROW Y � � M j .,•. I 00608300000501 N y •moo t �r[ � VICINITY MAP i � .N W• 1 SCALE: 1» = 2,000' S88'35'18 E p. 249.08' _._.......... LEGAL DESCRIPTION 00608300000203 z THE SUNDSTONE CONDOMINIUM PLAT EMBRACES THE FOLLOWING ' EX. SFR PROPERTY IN SNOHOMISH COUNTY ACCORDING TO THE PLAT I I THEREOF RECORDED IN VOLUME 12 OF PLATS, PAGE 7, S88'35'18»E 4 RECORDS OF SAID COUNTY: j ? r h' 'AL RW 20.00 PROP. _M. 20 N PARCEL A: THE WEST 160 FEET OF TRACT 2, WALLACE TRACTS, � .. �-_- , EXCEPT THE NORTH 158 FEET OF THE WEST 140 FEET THEREOF; ,I 50 PROP. PARCEL B THE THE EAST 249.08 FEET OF TRACT 2, WALLACE CL » PRIVATE o _ _ -_ .._.._�_ -�__,_ S88 35 18 E 140.00 `„...__ ROW GE z _.... m TRACTS _,. _ EXCEPT THE EAST 25 FEET THEREOF, ........ ..�_,......... _.,..__.. ,._._.... --._ PARCEL C. THE EAST 25 FEET OF TRACT 2, WALLACE TRACTS, ;i I C O 1 THE SUNDSTONE CONDOMINIUM PLAT EMBRACES THE FOLLOWING - 1 - =1 EASEMENT IN SNOHOMISH COUNTY FILED WITH THE AUDITOR FILE EXISTING NO. 2096919 IN VOLUME 322 OF PLAT ON PAGE NUMBER f ; PARCEL ' CONDOMINIUM JUNE 6, 19.69. i — ZONING - BM THREE-STORY PARCEL D: EASEMENT OVER STRIP 20 FEET IN WIDTH TO BE ,.,.. ,- .. m„._ , A5i07.7 SF 15 UNITS z„..._..„-... N , LOCATEDON THE WESTERLY 170 FEET OF THE SOUTHERLY 90cn ��^^ VJ oo FEET OF LOT 5, WALLACE TRACTS... o EXCEPT THE WESTERLY 10 FEET OF THE SOUTH 70 FEET a PARM 2 ` o THEREOF FOR INGRESS AND EGRESS OD ALL TRACT 2 OF SAID c N ZONING RS-12 o WALLACE TRACTS. y 13,44&5 SF i `t o l ' VERTICAL CONTROL00 : E 1 NCI O co SITE BENCHMARK v DEDICATION __„ _ _.._ _ _.. o c ZONING BOUNDARY LINE NAIL AS SHOWN ELEVATION 45:8 NAVD88 N ao in _ I & PROPOSED LOT LINE _ f,> W o co � -- 1 _. HORIZONTAL CONTROL: co _ Q ASSUMED W 2 `"P ' F CYi m r ,-..._.._..C.. i +tom - .•Z Ncn r i _} S8r ,5,83 ,— CONTACT CIVIL ENGINEER ,� N N Z:._ DEDICATION TO CITY , i'' _ OMEGA ENGINEERING, INC. ~ ai a I 4,966.3 SF 8 SLOPE FOR. CUTS OR FILLS EASEMENT LINDELL M. GRAHAM W w �' "- € I w x ;, __/REC. 8108i20201 5 TELEPHONE EASEMENT 1414 9TH AVE N, APT 301 JOSEPH SMEBY, PE w F AEC: 8304150234 F,, — — 150 2707 WETMORE AVE. t` ; Q=- — -- — — — — EDMONDS, WA 98020 v, E V E R E T T, W A 9 8 2 01 O 06.747.2995 N W !-- — — — -- -- ___ -- 425.903.4852cn — -- -- _ _ — 8'tl i — OWNER APPLICANT TOM & CANDACE MOORE • _ . _ �s^;; c __.. . r _., r - V <� .. ��.�: ..F�.� ,. ��._ ---_ � �_..� ��; ;_... SHANNON CARNLEY „ w.- > SURVEYOR I if ACREAGE LAND SURVEYING c _ MEN EUGENIA DAHL FAWCETT _. ANDREA BRYCE CLEMENT JOUNI ,PAAVDLA, PLS t9 � _,._,r_,..._ i ��h �rf� ;z, DEDICATION 1 ��„ __.._ .__ - JERIENE JOHNSON a F W_. _ .: „ .__ >z 4&7 __,.._ _._ �... . � � �� ,, _ .. ,.. _..... � .,-, _..._ _ � 24225 107TH PI W Z __.. W EDMONDS, WA 98020 AADEL &SOMA KA ��„ �� BRENNEN BOUNDS fI 112x1 if o f 8185 N � PUGET DR. o o -! _....„_, w,. _.. 20 . W E 6 326.9912 " I _ a a o �. EARL & JERRINE THOMPSON W �:w .,_ _ _.__. _„,. a M GERALDINE DIXON v w,.- ., w_ _ ss m _ __ _--.. _..., t� �. l i N,. - - __ _,„ _ COURTNEY & JUDITH SMITH ;� - --�--- Ss LINDELL GRAHAM- --�- - - - SHARON RALPH W - SHIRLEY THOPSON WILLIAM SCHARNIKOW __ _ „._.. . _ ,.:.,._ .....W...�....._. ..W.._..__-_, .._ _.- _,...._ ._ __ - WILLIAM BUTLER LEGS _ „ __. _.__ m- �_. �.. _.. EXISTING DESCRIPTION PROPOSED SITE DATA : 414 9TH AVE N, EDMONDS, WA 98020 Z B:S.B.L. B.S:B.L. SITE — — — BLDG SETBACK LINE (BSBL) — — — — O a CATCH BASIN (Ty-1) LOT AREA SUMMARIES: TAX ACCOUNT NUMBER: 00427800100100, ...100200, ...100300, F' _ - ..100400 100500, 200200 ...200300, ...200400, W Z LOT 1 LOT 2 ••• ...200100, 0 CATCH .BASIN (Ty-2) ... Z GROSS AREA: 35,969 SQ. FT. GROSS AREA 16,769 SQ. FT. ...200500, 300100, ...300200, ...300300, ...300400, ...300500, z O CASE MONUMENT B LESS ACCESS EASE.: 2,491 SQ. FT. LESS ACCESS EASE.: 2,475 SQ. FT. < _ O -�- �— DRAINAGE DITCH/SWALE �' —�'-- NET AREA. 33,478 SQ, FT. NET AREA. 14,294 SQ. FT. ZONING : SEE PLAN U) F' DRAINAGE FLOW PATTERNS LOT AREA: 51,922 SF (1.19 AC) 0 W ---------- EASEMENTS,(ESM'T)---------- AREAS: UTILITY C NTAC F- ZO w CONTACTS: .._ _ „....- .... ....... EDGE PAVEMENT (EOA) Eon LOT "l TOTAL ,LAND AREA - 52,738 SQ/FT � t- Z -♦- LOT » 2» - 16�769 SQ969 /FT z Q �- FIRE HYDRANT (FH) / SNOHOMISH CO: PUD _ 888.321 . 779 Q o PSE 888.321.7779 — — — — LOT LINE FRONTIER 425.263.4023 0 0 LL �.r ZIPLY - 866.669.4759 �11 MAILBOXES (MB, CBU) W Z WATER - COE - 425.771.0235 L� 0 0 PROPERTY LINE (PA) SEWER - COE - 425.771.0235 . . — RIGHT of WAY (R/W) CITY OF EDMONDS P/W - 425.771.0235 0 04 — ROAD CENTER (CTR) LINE _ `N>r SANITARY SEWER MANHOLE V O YARD BASIN (YD) s SANITARY SEWER LINE S STORM SEWER LINE PROJ. NO. N. BY; SEWER STUBOUT Ta 19-0117 JMS STORM STUBOUT E-� — — — DATE: 5/3/21 UTILITY POLE (PP, UP) SCALE: ° BLOW —OFF (BO) O 0 20 40 1 20 �WM WATER SERVICE (WS) �- — iI®�� _ DRAWING NO. pQ WATER VALVE (WV) N HORIZONTAL SCALE vs 1 1 OF SUBDIVISION FILE PLN2019-0036 Packet Pg. 102 7.7 City Council Agenda Item Meeting Date: 05/18/2021 Report on Bids and Award Construction Contract for the 2021 Overlay Program Phase 2 Project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On March 9, 2021, Staff presented the bid results for the 2021 Overlay Contract to the Parks and Public Works Committee. On March 23, 2021, City Council awarded the 2021 Overlay Contract to Central Paving, LLC. On May 11, 2021, staff presented this item to the Parks and Public Works Committee and the committee placed the item on the May 18, 2021 consent agenda for approval. Staff Recommendation Award the 2021 Overlay Program Phase 2 Construction Contract to Granite Construction Company in the amount of $111,442 and authorize a construction management reserve of $11,144. Narrative This project is a continuation of the City's efforts to rehabilitate and preserve its roadway network by paving streets in poor condition that have a low pavement condition index rating. Phase 1 of this year's project will use both roadway and water utility funds to pave approximately 3.9 lane -miles of City streets. The contract, awarded on March 23rd, came in approximately $200,000 below the Engineer's Estimate due to lower material prices earlier in the year. In order to fully utilize this year's paving budget, City staff worked with the design consultant to assemble a small works contract to pave additional streets. The City solicited five contractors for construction bids via the Small Works Roster process on April 22nd. Three construction bids were received and the bid results ranged from a low of $111,442 to a high of $134,773. Refer to Exhibit 1. The engineer's estimate was $103,994. Granite Construction Company submitted the low responsive bid of $111,442. The project was bid with an add -alternate, but it was not added to the contract since the amount ($67,002) was over the available street funding. A review of Granite Construction Company's bid document was completed and it was positive. The project also includes the replacement of existing speed humps with speed cushions on 238th St SW and 240th St SW east of Highway 99. The speed cushions will allow emergency vehicles to pass their wheels on either side of the raised cushion and improve their response time, since they will no longer have to travel over the existing speed humps. Packet Pg. 103 7.7 The 2021 Overlay Program (125 REET, 126 REET and 112 Street funds) will fund the street overlay work. The 2021 Traffic Calming Program will fund the installation of the speed cushions (126 REET Fund). Refer to Exhibit 2. Attachments: Exhibit 1- Bid Summary Exhibit 2 - Construction Budget 2021 Overlay Ph 2 Map Packet Pg. 104 7.7.a CITY OF EDMONDS PROJECT NAME: 2021 Pavement Preservation Program PROJECT No.: E21CA/i051 Bid Date: 5/7/2021 Bid Time: 2:00pm Engineer's Estimate: $103,994.50 CONTRACTOR BID TOTAL 1 Granite Construction $ 111,442.00 2 Lakeside Industries $ 133,472.75 3 Northshore Paving $ 134,773.50 a� 0 a L 0 r N O N N N N t a. L 0 m W a+ Q Packet Pg. 105 7.7.b 2021 Pavement Preservation Program Phase 2 Proposed Construction Budget - Street runaing /Amount Contract Award $ 115,216 442 Construction Management, Inspection & Testing (15%) $ Management Reserve (10%) $ 144 Total = $ 126,802 Construction Funding - Street Funding Amount Fund 112 - Street & General Fund $ 15,850 Fund 125 - REET 1 $ 63,401 Fund 126 - REET 2 $ 47,551 Total = $ 126,802 Proposed Construction Budget - Speed Cushions runaing /Amount Contract Award $ 10,000 Construction Management, Inspection & Testing (15%) $ 1,500 Management Reserve (10%) $ 1,000 Total = $ 12,500 Construction Funding - Speed Cushions Funding Amount Fund 126 - REET Fund $ 12,500 Total = $ 12,500 2 0 L O r N O N N aD t a 0 m c 0 0 r aD a� m 0 0 U N t x w c aD E t r Q Packet Pg. 106 City of Edmonds Mapbook 7.8 City Council Agenda Item Meeting Date: 05/18/2021 Approve Supplemental Agreement with Blueline, LLC for Construction Management and Inspection Services Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On March 17, 2020, City Council authorized the Mayor to sign a Professional Services Agreement with Blueline, LLC for construction management and inspection services. On May 11, 2021 staff presented this item to the Parks and Public Works committee and the committee placed the item on the May 18, 2021 consent agenda for approval. Staff Recommendation Approve the supplemental agreement with Blueline, LLC for Construction Management and Inspection Services. Narrative The City issued a Request for Qualifications (RFQ) in December, 2019 to hire two consulting firms to support City staff with construction management and inspection services for various City funded capital projects that are scheduled to begin construction in 2020 and 2021. The City received statements of qualifications from six engineering firms and the selection committee chose Blueline and MurraySmith to provide services during construction based on their qualifications, experience and approach. In 2020, the City negotiated a consultant fee for the Blueline scope in the amount of $297,600. City Council authorized the Mayor to sign the contract on March 17, 2020. Due to the COVID pandemic in 2020 and contractor availability, the timing of the construction projects had to change allowing City staff to cover a large portion of the costs that would have incurred as part of this contract's work. This resulted in an unspent budget of approximately $180,000 in professional service fees at the end of 2020. The proposed supplement will program the unspent 2020 budget for on -call construction management and inspections services on 2021 capital construction projects. The on -call professional services are needed to support engineering staff in managing and inspecting construction projects that are starting later this month and will continue into fall 2021. The professional services provided under this supplemental agreement will be funded by each respective construction project's funding source. Attachments: Blueline Supplemental Agreement Packet Pg. 108 7.8.a CITY OF EDMONDS MIKE NELSON 121 ST" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - FAX 425-672-5750 MAYOR Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division SUPPLEMENTAL AGREEMENT 1 TO PROFESSIONAL SERVICES AGREEMENT Capital Project Construction Management, Engineering and Inspection Services WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and The Blueline Group, LLC, hereinafter referred to as the "Consultant", entered into an underlying agreement for design, engineering and consulting services with respect to Capital Project Construction Management, Engineering and Inspection Services, dated March 19, 2020; and WHEREAS, additional tasks to the original Scope of Work have been identified with regard to providing on -call construction inspection, contract administration and project management for the City's 2021 capital improvement projects, NOW THEREFORE, In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of March 19, 2020 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $297,600 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, is not amended for the additional scope of work identified in Exhibit A to this supplemental agreement. 1.3 Exhibit B to the underlying agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this addendum, incorporated by this reference as fully as if herein set forth. 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth in Supplemental Agreement No. 1 but only as set forth herein. Packet Pg. 109 7.8.a DONE this CITY OF EDMONDS Bv: Michael Nelson, Mayor day of 120 ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney STATE OF WASHINGTON )ss COUNTY OF CONSULTANT NAME By: _ Title: Packet Pg. 110 7.8.a On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: \\edmsvr-userfs\userprof$\shall\Desktop\Professional Services Supplemental Agreement (with SEC edits) 01.03.2020 Template-Blueline Inspection.doc Packet Pg. 111 Exhibit 'A' 7.8.a Task 00 IA - CONSTRUCTION INSPECTION SERVICES Fee: Time and Expense (Estimated $133,700) Blueline will provide as -needed inspection services at the City's request during the 2021 construction season, and will coordinate construction management activities with the City. Services under this task are anticipated to include: 1. Review plans/specifications and visit the site. 2. Review materials delivered to the site to review compliance with City approved submittals. 3. Provide inspection for all aspects of the construction activity to review Contractor compliance with the contract plans and specifications. 4. Coordinate compaction and materials testing with the testing agency selected by the City under a separate contract. 5. Coordinate all testing with the City and Contractor for the projects. 6. Coordinate final connections with the City and Contractor for water main projects. 7. Record and report the progress of the construction operations to the City throughout the duration of the contract. 8. Furnish the City with verification of all quantities of materials. 9. Provide final project inspection including punchlists. 10. Provide as -built redlines to supplement the Contractor's redlines. 11. Monitor the Contractor's traffic control operations to review compliance with City approved Traffic Control Plan. 12. Be responsive to requests from citizens and businesses. Deliverables (to be submitted weekly during construction): • Inspector's Daily Reports. • Records of Force Account Work. • Weekly Tabulation of Quantities Placed (with all truck tickets attached). • Construction Progress Photos. It is anticipated that the City will: • Provide purity testing (with coordination provided by Inspector). • Review submittals and project schedules. Assumptions: • This task is for on -call services for projects to be determined and assumes 1 10 working days of construction contracts. • The Contractor will provide construction staking for the projects. • The City or Design Engineering Firm will prepare as -built drawings based on the as -built redlines. • Mileage associated with onsite construction inspection has been included in this task. • If additional construction administration or project management is requested beyond the scope of Tasks 002A and 003A, it will be billed under this task. Packet Pg. 112 Exhibit 'A' 7.8.a Task 002A - CONSTRUCT/ONADM/N/STRA T/ON SERVICES Fee: Time and Expense (Estimated $27,900) Blueline will provide construction administration services for this project during the construction period. Services under this task are anticipated to include any of the following items as budget allows and as requested by each City Project Manager: 1. Review plans and specifications and visit the site prior to the Pre -Construction Conference. 2. Attend Pre -Construction Conference. 3. Send out minutes from Pre -Construction Conference. 4. Review and approve Contractor progress schedules. 5. Review and approve contract pay estimates, and prepare pay requests for the City approval. 6. Prepare change orders, as needed. 7. Prepare and submit weekly reports (Statement of Working Days and Project Progress Chart). 8. Log affidavits/intents/certified payroll. 9. Provide project filing. 10. Provide RFI log. 11. Coordinate changes to drawings or specifications as necessary to respond to field conditions (As needed - coordinating with the City Project Manager). 12. Monitor construction to determine contractor compliance and prepare associated documentation. 13. General consultation and coordination on an as -needed basis to address construction questions. 14. Assist with preparing punch lists and final inspection. 15. Prepare recommendation of project acceptance. 16. Attend and conduct construction meetings as required. Provide meeting minutes to attendees. We assume at this point that a construction meeting will be held approximately weekly. 17. Additional construction inspection services and project management, as needed. Assumptions: • This task is for on -call services for projects to be determined and assumes 1 10 working days. • The City or Design Engineering Firm will prepare as -built drawings based on the as -built redlines. • The City will be reviewing submittals and maintaining the submittal log. • Mileage associated with construction administration has been included in this task. • If additional inspection time or project management is requested beyond the scope of Tasks 001A and 003A, it will be billed under this task. Packet Pg. 113 7.8.a Exhibit 'A' Task 003A - PROJECTMANAGEMENT Fee: Time and Expense (Estimated $12,900) This task is for general coordination and meetings on the project, including: 1. Management of all tasks and staff for construction inspection services. 2. Communication with the City of Edmonds regarding the construction. 3. Budget tracking and providing weekly updates to the City. 4. Preparation of consultant monthly invoices for work performed during the previous month, including any pertinent backup materials. Assumptions: • This task is for on -call services for projects to be determined and assumes 1 10 working days. • If additional inspection time is requested beyond the scope of Tasks OO lA or 002A, it may be billed under this task. GENERAL ASSUMPT/ONSAND NOTES 1. Scope and fees outlined above are based on the following information (any changes to these documents may result in changes to the fees): a. Correspondence between the Blueline Group and the City of Edmonds prior to the signing of the contract. 2. The client shall provide The Blueline Group with approved plans, contract documents, and any necessary inspection forms. 3. The fees stated above do not include reimbursable expenses such as large format copies (larger than letter/legal size), and plots. These items will be billed under a separate task called Expenses. 4. Compaction and materials testing will be billed directly to the City by the testing agency. 5. Time and expense items are based on The Blueline Group's current hourly rates. G. Night/weekend work is not anticipated and therefore not included. A separate fee proposal can be provided if overnight/weekend work is determined necessary. Night/weekend inspection is billed at 150% of the daytime billing rate. 7. Night-time work will be performed as full-time inspections only (8 hrs/shift minimum). Packet Pg. 114 7.8.a Attachment 'B' City of Edmonds Construction Services - Supplemental Agreement Job Number: 19-400 Date: April 30, 2021 Prepared By: Deanna Martin, PE Checked By: Grace Garwin, EIT Principal / Sr PM Construction Administrator Construction Inspector Task # Task $215/hr $170/hr $130/hr Total Mileage Total Hours Total Cost Rounded Cost Hours Hours Hours 001A Construction Inspection Services 0 $ 0 $ - 1016 $ 132,080 1,653 1,016 $ 133,733 $ 133,700 002A Construction Administration Services 0 $ 162 $ 27,540 0 $ - 316 162 $ 27,856 $ 27,900 003A Project Management 60 $ 12,900 0 $ - 0 $ - 0 60 $ 12,900 $ 12,900 Total 60 $ 12,900 162 $ 27,540 1,016 $ 132,080 $ 1,969 1 1,238 1 $ 174,489 $ 174,500 Total Cost (Rounded) 1 $ 174,500 The Blueline Group Packet Pg. 115 7.8.a Attachment 'B' City of Edmonds Construction Services - Supplemental Agreement On -Call Construction 001A Inspection Services Principal / Sr PM Construction Administrator Construction Inspector TOTAL Item # Description $215/hr $170/hr $130/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 40.0 $ 5,200 40.0 $ 5,200 2 Full Time Field (22 wk @ 44 hrs/wk) 0.0 $ 0.0 $ 968.0 $ 125,840 968.0 $ 125,840 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 8.0 1,040 8.0 $ 1,040 -$ 4 Mileage (23 wks x 125 mi/wk @ $0.575/mi) $ 1,653 Total 1 0.0 $ 1 0.0 $ 1 1016.01 $ 132,080 1 1016.01 $ 133,733 *Assumes 110 working days On -Call Construction 002A Administration Services Principal / Sr PM Construction Administrator Construction Inspector TOTAL Item # Description $215/hr $170/hr $130/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 8.0 $ 1,360 0.0 $ 8.0 $ 1,360 2 Weekly Admin Tasks (22 wks x 1 hr/wk) 0.0 $ 22.0 $ 3,740 0.0 $ 22.0 $ 3,740 3 Weekly Progress Meeting and Minutes 0.0 $ 60.0 $ 10,200 0.0 $ 60.0 $ 10,200 4 Pay Estimates & Change Orders (6 mo x 12 hrs/mo) 0.0 $ 72.0 $ 12,240 0.0 $ 72.0 $ 12,240 5 Mileage (22 meetings x 25 mi @ $0.575/mi) $ 316 Total 1 0.0 $ 1 -162.01 $ 27,5401 0.0 $ 1 162.0 $ 27,856 *Assumes 110 total working days On -Call 003A Project Management Principal / Sr PM Construction Administrator Construction Inspector Item # Description $215/hr $170/hr $130/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 4.0 $ 860 0.0 $ 0.0 $ 4.0 $ 860 2 Review IDRs/documentation 22.0 $ 4,730 0.0 $ 0.0 $ 22.0 $ 4,730 3 Budget Tracking&Invoicing 22.0 $ 4,730 0.0 $ 0.0 $ 22.0 $ 4,730 4 Coordination with Staff and City as needed 12.01 $ 2,580 0.0 $ 0.0 $ 12.0 $ 2,580 Total 1 60.0 $ 12,9001 0.0 $ 1 0.0 $ i 60.0 $ 12,900 *Assumes 110 total working days Packet Pg. 116 7.8.a QBLUELINE HOURLY RATE SCHEDULE Principal Senior Project Manager Project Manager Senior Project Engineer Project Engineer Engineer Construction Administration Construction Inspector Senior Engineering Designer Engineering Designer Senior Engineering Drafter Engineering Drafter Director of Planning Project Planner Planner Project Coordinator Permitting Technician Principal Landscape Architect Landscape Project Manager Senior Landscape Architect Project Landscape Architect Landscape Designer Landscape Technician Project Administrator $215/hr $205/hr $197/hr $193/hr $185/hr $166/hr $170/hr $130/hr $164/hr $153/hr $147/hr $139/hr $181/hr $164/hr $140/hr $121/hr $105/hr $173/hr $152/hr $143/hr $133/hr $110/hr $100/hr $79/hr Notes: • Standard hourly rates include expenses for telephone, fax, photocopies (letter and legal size), and postage. Please refer to The Blueline Group's standard contract regarding the firm's policy regarding other project expenses. PLOTTING RATE SCHEDULE 11" x 17" Bond $0.80/sheet 18" x 24" Bond $3.30/sheet 22" x 34" Bond $3.75/sheet 24" x 36" Bond $4.00/sheet 30" x 42" Bond $4.75/sheet 36" x 48" Bond $5.50/sheet Notes: • Plotting rates include 10% Sales Tax. MILEAGE RATE SCHEDULE Mileage — IRS rate NOTE: ALL RATES ARE EFFECTIVE JANUARY 1, 2021 AND ARE ADJUSTED ANNUALLY. THEBLUELINEGROUP.COM I MAIN425.216.4051 I 25 Central Way, Suite 400 1 Kirkland, WA 98033 Packet Pg. 117 7.9 City Council Agenda Item Meeting Date: 05/18/2021 Approval of Professional Services Agreement with David Evans and Associates (DEA) for the Elm Way Walkway project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On May 11, 2021, staff presented this item to the Parks and Public Works committee, and the committee placed the item on the May 18, 2021 consent agenda for approval. Staff Recommendation Approve the professional services agreement with David Evans and Associates (DEA) for the Elm Way Walkway project. Narrative The City issued a Request for Qualifications (RFQ) in February 2021 to hire a consultant to provide design engineering services for the Elm Way Walkway Project. The City received statements of qualifications from three engineering firms and the selection committee selected David Evans and Associates, Inc. (DEA) to provide design engineering services for the Project. The design phase is expected to be complete by December 2021, with construction scheduled to begin in Spring 2022. The Elm Way walkway project was identified in the City's 2015 Comprehensive Transportation Plan and was ranked sixth in the short walkway list. The Project will improve the City's pedestrian connectivity by installing approximately 700 feet of new sidewalk and six pedestrian curb ramps on Elm Way between 8th Ave S and 9th Ave S. The project will also modify the existing stormwater system to accommodate the sidewalk improvements. Staff and the consultant have agreed on a scope of work and negotiated a professional services fee of 139,972, which includes a $5,000 management reserve. The project is being funded by the REET 126 fund and the stormwater utility fund. Attachments: Exhibit 1 Professional Services Agreement, Scope and Fee Exhibit 2 Elm Way Walkway Project Limits Packet Pg. 118 7.9.a CITY OF EDMONDS 121 5T" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - FAX 425-672-5750 Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division PROFESSIONAL SERVICES AGREEMENT MIKE NELSON MAYOR THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City," and David Evans and Associates, Inc., hereinafter referred to as the "Consultant." WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide engineering services with respect to the Elm Way Walkway project; and WHEREAS, the Consultant has the necessary skills and experience, and desires to provide such services to the City; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties hereto as follows: l . 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 Work 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. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth in Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of ONE HUNDRED AND THIRTY NINE THOUSAND AND NINE HUNDRED AND SEVENTY TWO DOLLARS ($139,972.00). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. x w d E z a Packet Pg. 119 7.9.a C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data, reports, and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations, documentation and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this Agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the Cityand tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. D. Reuse or modification of any Consultant -prepared materials without the written consent of the Consultant shall be at the City's sole risk. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. The Consultant's services must at all times and in all events be governed by the exercise of sound professional practices. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, a indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the negligent acts, errors or omissions of the Consultant in the performance of this Agreement, except CO for injuries and damages caused by the negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of ° liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, o employees, and volunteers, the Consultant's liability, including the duty and cost to defend, a hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including w 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 E 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 a Packet Pg. 120 7.9.a RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). 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 and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the City. 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. 7. Discrimination prohibited. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, 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 a` 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. The Consultant shall be solely responsible for all acts of its agents, employees, w representatives and subcontractors during the performance of this Agreement. c d 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° a Packet Pg. 121 7.9.a meet the approval of the City, subject to the Standard of Care. 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 quasijudicial review of the City without written notification to the City and the City's prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, its Appendices 1 & 2, and the Scope of Work and fee schedule attached hereto as attached hereto as Exhibits A and B. 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 Exibit A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage the Consultant to perform services in addition to those listed in this Agreement, and the Consultant will be entitled to additional compensation for authorized additional services or materials. 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 Work, the City understands that a revision to the Scope of Work 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 Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. The Consultant represents that the Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. The Consultant and any persons employed by the Consultant shall perform the work in a manner consistent with the degree of care and skill ordinarily exercised by members of the Consultant's profession currently practicing under similar circumstances in the same locality. 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 a has/have not employed or retained any company or person, other than a bona fide employee 2 working solely for the Consultant, to solicit or secure this Agreement, and that he/she/they has/have not paid or agreed to pay any company or person, other than a bona fide employee o working solely for the Consultant, any fee commission, percentage, brokerage fee, gifts, or any a 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, w the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. E 17. Compliance with laws. The Consultant in the performance of this Agreement 0 shall comply with all applicable Federal, State or local laws and ordinances, including regulations a Packet Pg. 122 7.9.a for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other applicable standards or criteria as described in the Agreement. Because this Agreement is subject to federal nondiscrimination laws, the Consultant agrees that the provisions of Appendices 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: David Evans and Associates, Inc. 14432 SE Eastgate Way Suite 400 Bellevue, WA 98007 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 Michael Nelson, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2021. DAVID EVANS AND ASSOCIATES, INC. Anthony Wilen, Associate Scott Soiseth, Senior Associate a Packet Pg. 123 7.9.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2021, 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: T X W d E L V a Q Packet Pg. 124 7.9.a APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above m paragraphs one (1) through five (5) in every subcontract, including procurement of materials and o leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The a` Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, M including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved x in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the w Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests E of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. a Packet Pg. 125 7.9.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and proejcts); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilties Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898 , Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Person with Limited English Profcency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). a Packet Pg. 126 7.9.a EXHIBIT A CITY OF EDMONDS Elm Way Walkway Project (E21DA/i058) Scope of Services Prepared by: David Evans and Associates, Inc. 14432 SE Eastgate Way, Suite 400 Bellevue, WA 98007 May 6, 2021 T x W d E L V a Q Packet Pg. 127 7.9.a TABLE OF CONTENTS TASK 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES.............2 1.01 Project Description......................................................................................................................... 2 1.02 Project Deliverables Furnished by the CONSULTANT.................................................................. 2 1.03 Responsibilities and Services Provided by the CITY..................................................................... 3 1.04 Project Assumptions....................................................................................................................... 3 TASK 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL.......................................3 2.01 Project Management...................................................................................................................... 3 2.02 Develop Project Schedule.............................................................................................................. 4 2.03 Monthly Invoices/Progress Reports................................................................................................4 2.04 Progress Meetings..........................................................................................................................4 2.05 Quality Control/Quality Assurance Review.................................................................................... 4 2.06 Change Management.....................................................................................................................4 TASK3.00 SURVEY...............................................................................................................5 3.01 Field Review................................................................................................................................... 5 3.02 Data Collection............................................................................................................................... 5 3.03 Horizontal and Vertical Control Network........................................................................................ 5 3.04 Establish Road Centerline Alignments and Rights -of -Way (Base Map) ........................................ 5 3.05 Topographic Survey....................................................................................................................... 5 TASK 4.00 ENVIRONMENTAL DOCUMENTATION...............................................................7 4.01 Agency Coordination and Site Visit................................................................................................ 7 4.02 SEPA Exemption Letter.................................................................................................................. 7 4.03 Other City Permits [Only authorized by Extra Services Agreement] .............................................. 8 4.04 NEPA Document Preparation [Only authorized by Extra Services Agreement] ............................ 8 TASK 5.00 GEOTECHNICAL..................................................................................................81. 0 5.01 Geotechnical Data Review, Field Explorations, Laboratory Testing, and Memo ........................... 8 a 0 TASK 6.00 DESIGN 8 6.01 Project Site Visit 5 Total 8 c 6.02 Preliminary 30% Design................................................................................................................. 8 6.03 Storm Drainage.............................................................................................................................. 9 Q 6.04 Final Design (60%, 90%, and 100% Completion).......................................................................... 9 6.05 Prepare Ad Ready Documents..................................................................................................... 10 6.06 Assistance During Bid Period....................................................................................................... 10 it 6.07 Traffic and Pedestrian Control Plan [Only authorized by Extra Services Agreement] ................. 10 N TASK 7.00 UTILITY COORDINATION..................................................................................11 R c 0 7.01 Utility Coordination....................................................................................................................... 11 0 TASK 8.00 RIGHT OF WAY [ONLY AUTHORIZED BY EXTRA SERVICES a AGREEMENT] .............................................................................................................. 11 TASK 9.00 COMMUNITY OUTREACH 11 9.01 Community Outreach.................................................................................................................... 11 x w TASK 10.00 UNANTICIPATED TASK RESERVE (AS NEEDED)...........................................12 E 10.01 Unanticipated Task Reserve........................................................................................................ 12 �a r r Q M:IPursuitslElEdmonds, City of (WA)12021 Elm Way Wa/kwaylScope and FeelEdmonds Elm Way Scope Final to City_2021-05-06.docx City of Edmonds 1 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 128 7.9.a TASK 1.00 PROJECT DESCRIPTION, DESIGN CRITERIA, AND DELIVERABLES 1.01 Project Description The City of Edmonds (CITY) is requesting professional services from David Evans and Associates, Inc. (CONSULTANT) for preparation of Plans, Specifications, and Estimate (PS&E) documents for the Elm Way Walkway Project (PROJECT). This project includes the design and construction of curb and gutter, sidewalk, and ADA curb ramps along Elm Way between 8th Avenue S and 9th Avenue S (-700 linear feet). The project will also include topographical survey, permitting support, geotechnical engineering, drainage/utility coordination, identifying community outreach needs, and easement and/or right-of-way procurement. The major features of the project include: • Survey basemap. • Design of curb and gutter, sidewalk, ADA curb ramps, and stormwater improvements. • Permitting and community outreach support. • Preliminary and final submittals of contract documents. • Right -of -Way support. • Geotechnical investigation. 1.02 Project Deliverables Furnished by the CONSULTANT The CONSULTANT shall maintain a project file for pertinent work items. The CITY review sets will be 0 returned with each subsequent revision, illustrating that each review comment has been addressed as stated, or how/why it was not addressed. The CONSULTANT shall deliver the following documents and products to the CITY as part of this agreement: as 0 U_ • Project Schedule = • Monthly Invoices and Progress Reports (13 total). 0 a • Progress Meeting Attendance (2 total). 0 • Topographic base ma right-of-way centerline parcel lines and data points in AutoCAD. p, g Y , p p N • Draft and Final Geotechnical Design Memorandum. • Draft and Final SEPA Exemption Letter • Preliminary 30% Plans, Estimate, and Specifications. a� • Draft and Final Draft Drainage TIR. a • 60% Plans, Estimate, and Specifications. rn • 90% Plans, Estimate, and Specifications. • Maximum Extent Feasible (MEF) Documentation, if needed. N • Ad -Ready Plans, Estimate, and Specifications. c • Utility conflicts spreadsheet and plan. •00 • Parcel Exhibits, Legal Descriptions, Survey Staking, and all associated ROW Acquisition Documentation ° • Preparation of two (2) corridor long color roll plots and two (2) 11"x17" plan exhibits for use at a IL public forum. • Prepare response to bidder questions and up to one (1) bid document addenda. w c m E U r r Q M:IPursuitslElEdmonds, City of (WA)12021 Elm Way WalkwaylScope and FeelEdmonds Elm Way Scope_Final to City_2021-05-06.docx City of Edmonds 2 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 129 7.9.a 1.03 Responsibilities and Services Provided by the CITY The CITY will: • Provide all available existing as -built plans, right-of-way plans, horizontal and vertical monument information, GIS maps, and other mapping information as available to the CONSULTANT. • Provide existing aerial mapping. • Provide all CITY standard specifications and CITY bid forms in Microsoft Word format. • Review all submittals made to the and return them to the CONSULTANTwith consolidated written comments regarding changes needed. 1.04 Project Assumptions • The PROJECT does not have federal funding nor does the PROJECT involve any federal agencies. • All drawings will be prepared in AutoCAD 2019 format, utilizing the CONSULTANT's CADD standards. The standard sheet size for all plans will be 22"x34" and drawn at one -inch equals forty feet (1" = 40') for 11"x17" half-size plans. • Designs will be based on the January 2018 version of the City of Edmonds Standard Details and WSDOT Standard Plans (current version as of the Notice To Proceed date). Plan submittals shall comply with these requirements. Consultant will update plan submittals with updated City of Edmonds Standard Details and WSDOT Standard Plans, if the updates occur prior to the submittals for the 90% and 100% milestones. • Specifications will follow the 2022 WSDOT/APWA Standard Specifications, APWA Special Provisions, and any City of Edmonds requested provisions. • The CITY will provide all Right -of -Entry documentation prior to survey. • The project duration for design through construction bidding is assumed to be twelve (12) months. • CONSULTANT is not responsible for providing a tree assessment that identifies and documents tree that may be damaged or diseased or otherwise pose a risk to workers or the public, etc. • No traffic analysis for the removal of the right -turn pocket at 9th Avenue S is included in this scope, based on initial discussions with the City. If additional traffic work is required, that would be done as Extra Services. TASK 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2.01 Project Management Direction of the CONSULTANT staff and review of their work over the course of the project shall be provided. This work element includes preparing monthly invoices, including the status of individual work elements, outstanding information required, and work items planned for the following month. Periodic monitoring of the CONSULTANT'S design budget will occur over the course of the project. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions may include formal requests for increases, modifications, or reductions in scope and/or budget. Drawings and documents received and generated over the course of the project require review, coordination, and file management. The status of requested information will also be maintained. x w c m E U r r Q M:IPursuitslElEdmonds, City of (WA)12021 Elm Way WalkwaylScope and FeelEdmonds Elm Way Scope_Final to City_2021-05-06.docx City of Edmonds 3 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 130 7.9.a 2.02 Develop Project Schedule The CONSULTANT and the CITY will jointly develop an overall project schedule showing all major and supportive activities. The schedule was prepared to reflect a 12-month design completion of the project. The schedule shall be arranged to meet key target dates. Deliverables: Electronic submittal of Project Schedule. 2.03 Monthly Invoices/Progress Reports Monthly invoices will be prepared by the CONSULTANT and submitted to the City by the 15th of each month for work activities for the prior month. These invoices shall also include SUBCONSULTANT work and will be accompanied by monthly progress reports. Invoices will include back-up material for all expenses and will show approved budget and amount expended to date. Deliverables: Monthly Invoices and Progress Reports (13 total). 2.04 Progress Meetings This work element provides for the preparation, attendance, follow-up, and documentation of meetings during the length of the project. These meetings will be the forums for agencies to provide input and guidance for the direction of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions, etc. The CONSULTANT shall prepare for and attend up to twelve (12) 30-mintue monthly project progress meetings and two (2) design progress meetings with CITY staff. Meetings will be required for coordination with the CITY and other affected agencies. The CONSULTANT will prepare meeting minutes as required from each of the project team meetings. The CONSULTANT will have one staff person attend the following meetings: • Monthly Progress Meetings (30-minutes, each) • Kickoff/Brainstorm • Mid -Project check -in (-60% or 90%) Design Review • Meeting Minutes, as required/applicable for each meeting Deliverables: Meeting Attendance (14 total). 2.05 Quality Control/Quality Assurance Review This work element is for the QC/QA review of CONSULTANT deliverables by a designated QC/QA staff member of the CONSULTANT team. The review will cover documents, reports, PS&Es, and pertinent information on an on -going basis. The program entails the periodic review of study criteria, design, and assumptions, as well as concepts and presentation of product format, and assures that the overall project objectives are being fulfilled. 2.06 Change Management a T Project Managers from the CITY and the CONSULTANT are responsible for managing changes to the scope and schedule. The CITY is responsible for the authorization of any changes to the scope, budget, and/or x schedule. The CONSULTANT shall work within the defined project scope, schedule, and budget. When w issues, actions, or circumstances occur that could cause a change in scope, personnel, cost, or schedule, the CONSULTANT must communicate potential changes to the CITY Project Manager as early as possible. E U r r Q M:IPursuitslElEdmonds, City of (WA)12021 Elm Way WalkwaylScope and FeelEdmonds Elm Way Scope_Final to City_2021-05-06.docx City of Edmonds 4 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 131 7.9.a CONSULTANT and CITY Project Managers will determine whether the potential change issue will lead to a change in scope, cost, or schedule. The CONSULTANT shall obtain written authorization from the CITY before implementing any change to this scope of work, schedule, or budget. All changes shall be documented using the Project Change Form. TASK 3.00 SURVEY 3.01 Field Review The CONSULTANT and project team will conduct a field review at the outset of the project to identify key field conditions that may impact the design including the location and/or presence of driveways and roadways, trees, mail boxes, fences, utilities (underground and overhead), potential intersection site distance and clear zone issues, and drainage issues. 3.02 Data Collection The CONSULTANT will research and collect existing roadway, right-of-way, and utility information from the CITY and respective utility agencies for inclusion in the mapping. 3.03 Horizontal and Vertical Control Network The CONSULTANT shall establish supplemental horizontal and vertical control points as needed throughout the project limits for the purpose of performing surveying services. Horizontal and vertical control points shall be based upon at least two local control monuments which will then be referenced on the final drawings. These monuments shall serve as the basis of the horizontal coordinates and control of the site. 3.04 Establish Road Centerline Alignments and Rights -of -Way (Base Map) The CONSULTANT shall utilize previously established centerlines and rights -of -way within the project limits for preparation of the right-of-way base map for this project. Parcel lines for adjacent properties will be shown as near as possible to their actual locations but will be solely based upon readily available public records and maps. The base map will be used to validate the location of existing improvements located by the topographic survey. The base map will show located street monuments and property corner markers found that were used to create this map. 3.05 Topographic Survey The CONSULTANT shall prepare a project topographic base map. This base map will incorporate City and franchise utility 'as -built' information, right-of-ways and road centerlines, property lines, and other existing features within the project limits including: a. Pavement limits '" b. Driveways c c. Fences d. Storm drainage structures with pipe invert elevations e. Sanitary sewer manholes with pipe invert elevations a f. Water valves, fire hydrants, and associated features with nut elevations g. Electrical power vaults and associated surface features h. Telephone manholes and pedestals x i. Natural gas valves, meters, and warning markers w j. Cable TV pedestals k. Street lighting E I. Signage U r r Q M:IPursuitslElEdmonds, City of (WA)12021 Elm Way WalkwaylScope and FeelEdmonds Elm Way Scope_Final to City_2021-05-06.docx City of Edmonds 5 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 132 7.9.a m. Utility poles n. Overhead wires, guy wires o. Meters p. Road channelization q. Trees r. Street markings s. Drainage ditches The limits of the project area surveyed will be defined as outlined in yellow on the graphic below: The CONSULTANT will contract with an underground utility locate service to set paint marks as the surface location of the underground utilities. Additionally, the CONSULTANT will utilize the One Call utility locate service so the CITY Public Works Department staff can identify CITY owned utilities. The CONSULTANT will use these marks as evidence to depict the underground location of these readily identifiable utilities. The CONSULTANT will prepare the final topographic survey map with a one -foot contour within the paved surfaces of the roadway prism and a two -foot contour on non -paved surfaces outside the roadway prism. The mapping shall be plotted at a scale of one inch equals forty feet (1"=40') with a one -foot contour interval. Deliverables: Electronic copy of the topographic base map, right-of-way centerline, parcel lines, and data points in AutoCAD. WPursuitslElEdmoods, City of (WA)12021 Elm Way WalkwaylScope and FeelEdmoods Elm Way Scope_Fioal to City_2021-05-06.docx T x W d E L V a Q City of Edmonds 6 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 133 7.9.a TASK 4.00 ENVIRONMENTAL DOCUMENTATION The CONSULTANT will document the environmental setting and potential impacts related to the proposed project in order to comply with local, state, and federal environmental regulations. Regulations to which the project must adhere include the State Environmental Policy Act (SEPA). This project does not have federal funding and will not require any federal permits; therefore, a federal nexus does not exist and the project will not need to comply with the National Environmental Policy Act, Endangered Species Act, or Section 106 of the National Historic Preservation Act. Subtasks are described below and include agency coordination, a site visit, SEPA documentation, and related agency coordination. Assumptions• • No federal aquatic permits will be required. • The PROJECT does not have federal funding nor does the PROJECT involve any federal agencies 4.01 Agency Coordination and Site Visit Before beginning environmental work, the CONSULTANT shall attend one (1) environmental kick-off meeting/site visit with up to two (2) CONSULTANT staff and the CITY. CITY attendees will include the CITY project manager and CITY permitting staff. The meeting will develop communication protocols, confirm the project description and approach, discuss the environmental documentation schedule and information needs, confirmation on the critical areas approach and SEPA exemption, exchange information, and develop relationships for continued work on the PROJECT. CONSULTANT shall conduct a site visit to gather information necessary for environmental documentation. Assumptions: • One site visit will occur. • One environmental kick-off meeting with the CONSULTANT and CITY in attendance will occur Deliverables: • Draft kick-off meeting minutes submitted to CITY. • Final kick-off meeting minutes submitted to CITY. 4.02 SEPA Exemption Letter The CONSULTANT (DEA) shall prepare a SEPA Exemption Letter, assuming that the project is exempt under WAC 197-11-810 (2) (d) (ix). WAC 197-11-810 (2) (d) (ix) states that the "(a)ddition of bicycle lanes, paths and facilities, and pedestrian walks and paths including sidewalk extensions, but not including additional automobile lanes" qualify as exempt from SEPA threshold determinations and EIS requirements under the "Other minor new construction" category. This should be true provided new storm pipe is 12" or less in diameter. The CONSULTANT will obtain agreement from the CITY's planning department that the project is SEPA exempt before preparing the letter. D7 c� Assumptions• o • The project is exempt under WAC 197-11-810 (2) (d) (ix). rn a� • Up to two rounds of CITY review may be required. o L IL T Deliverables: • Draft SEPA Exemption Letter (pdf format) t x • Final SEPA Exemption Letter (pdf format) w c m E t U r r Q M:IPursuitslElEdmonds, City of (WA)12021 Elm Way WalkwaylScope and FeelEdmonds Elm Way Scope_Final to City_2021-05-06.docx City of Edmonds 7 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 134 7.9.a 4.03 Other City Permits [Only authorized by Extra Services Agreement] CONSULTANT will not prepare CITY permits for the PROJECT. If it is determined in the future that CONSULTANT will prepare CITY permits, additional services will be described and provided in a supplement to the contract. Assumptions: • Required preparation and deliverables will be established with the Extra Services Agreement 4.04 NEPA Document Preparation [Only authorized by Extra Services Agreement] CONSULTANT will not prepare NEPA documentation for the PROJECT. If it is determined in the future that CONSULTANT will prepare NEPA documentation, additional services will be described and provided in a supplement to the contract. Assumptions: • Required preparation and deliverables will be established with the Extra Services Agreement TASK 5.00 GEOTECHNICAL 5.01 Geotechnical Data Review, Field Explorations, Laboratory Testing, and Memo The CONSULTANT shall perform a geotechnical review, exploration, and testing program to evaluate the feasibility of using infiltration for storm water management, provide input for retaining wall design, and provide earthwork and construction considerations. The CONSULTANT shall review existing soil and groundwater information, conduct a site visit, mark exploration locations, prepare applicable traffic control plans, conduct two limited access machine drill borings, one Pilot Infiltration Test if infiltration is deemed to be feasible, prepare exploration logs and laboratory testing, perform hydrogeologic analysis to evaluate design infiltration rates, provide design parameters for wall design, and prepare draft and final geotechnical memorandums. The complete work task description, assumptions, and fee breakdown can be found attached to this document. Deliverables: Site Exploration Memorandum Electronic copy of Draft Geotechnical Design Memorandum. Electronic copy of Final Geotechnical Design Memorandum. TASK 6.00 DESIGN 6.01 Project Site Visit (5 Total) 0 The CONSULTANT shall conduct up to five (5) site visits with up to two (2) staff during the project to resolve N design issues. CITY staff shall be present at the site visits, if requested. Three (3) of the site visits are o planned for meeting with individual property owners. ` a 6.02 Preliminary 30% Design The CONSULTANT shall develop the 30% preliminary design and cost estimate. The 30% design level will w serve for the basis of final design. All plan sheet deliverables will be submitted as full size (22"x34") electronic files. The included sheets included in the preliminary 30% deliverable include: aai E U r r Q M:IPursuitslElEdmonds, City of (WA)12021 Elm Way WalkwaylScope and FeelEdmonds Elm Way Scope_Final to City_2021-05-06.docx City of Edmonds 8 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 135 7.9.a • Cover sheet including a vicinity map and sheet index. • Roadway/Sidewalk plans and sections. • 30% Cost Estimate in accordance with CITY Cost Estimating Policy ENG-PM-2014-02 (estimates to have separate bid schedules for storm work) Deliverables: 1 electronic copy (full size) of the Preliminary 30% PS&E for review by the CITY. 6.03 Storm Drainage The CONSULTANT shall prepare a drainage memorandum. • Determine the new pervious and impervious areas. • Document feasibility for LID facilities. • Determine the existing drainage systems and drainage basins for the project area. • Develop drainage system improvements for this project, including detention and water quality treatment if required. • It's assumed there will be two set of TIR comments and one final revision. Deliverables: Electronic Draft Drainage Report (Preliminary Requirements Check, Design Layout, and calculations). Electronic copy of Final Drainage Report. Assumptions: • Flow control and water quality is not applicable based on preliminary areas of new hard surface and new pollution generating hard surface. • Feasibility of LID such as infiltration will be evaluated based on geotechnical recommendation. 6.04 Final Design (60%, 90%, and 100% Completion) �i The CONSULTANT shall bring the preliminary design to an ad -ready completion level with intermediate c milestones at the 60%, 90%, and 100%completions. Review comments will be responded to and incorporated as directed by the CITY Project Manager. The final design will include the following elements, o at a minimum, prepared by the CONSULTANT for each milestone as noted: c i • Cover sheet including a vicinity map and sheet index (60%, 90%, and 100%). • Roadway/Sidewalk plans and sections (60%, 90%, and 100%). • Roadway details (90% and 100%). as a, • Drainage plan, profiles, and details (60%, 90%, and 100%). N • Driveway plan and profiles (60%, 90%, and 100%). • ADA Curb Ramp Design (60%, 90%, and 100%). • Channelization and signing plans (60%, 90%, and 100%). N • Site Preparation and Temporary Erosion Control Plans (TESC) (60%, 90%, and 100%). c • Traffic signal plans and details (60%, 90%, and 100%). 0 u, • Wall plan, profiles, and details (60%, 90%, and 100%). rn • Contract documents and specifications (60%, 90%, and 100%). 0 a` • Cost estimate in accordance with CITY Cost Estimating Policy ENG-PM-2014-02 (60%, 90%, and r 100%). Estimates to have separate bid schedules for storm work. x Assumptions: w • It is assumed that only six (6) ADA curb ramps will be designed as part of this project. o SW and SE corners of Elm Way & 9th Avenue S (100th Avenue W) t o SW and SE corners of Elm Way & Coronado Place r r Q M:IPursuitslElEdmonds, City of (WA)12021 Elm Way WalkwaylScope and FeelEdmonds Elm Way Scope_Final to City_2021-05-06.docx City of Edmonds 9 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 136 7.9.a o SW and SE corners of Elm Way & 8th Avenue S No traffic control or pedestrian detour plans are to be developed. See Task 6.07 for traffic control Extra Services task. • No landscape architecture or irrigation plans are included in this scope of work. Deliverables: 1 electronic copy (full size) of each the 60% PS&E, 90% PS&E, and 100% for review by the CITY. 6.05 Prepare Ad Ready Documents The CONSULTANT shall prepare the following in accordance with the CITY's review comments from the 90% final design and coordination meeting: • Modifications and/or revisions in response to CITY review comments from the 90% design and coordination meeting. • Final design of project elements. • Special provisions and listing of CITY standard specifications, with fill-ins, to be incorporated in the construction contract documents. • Preparation of a final (100% completion) list of bid items, quantities, and a construction cost estimate for a set of signed and reproducible construction contract documents (estimates to have separate bid schedule for storm work). • Maximum Extent Feasible (MEF) Documentation for ADA curb ramps not meeting required standards, if applicable. The CONSULTANT will assemble all plan sheets, general and special provisions, cost estimates, and associated documentation for submittal as an Ad Ready PS&E package. Deliverables: 1 electronic copy (full size) of the Ad Ready PS&E package. 1 electronic copy (Excel format) of Quantity Tabulations by plan sheet for each bid item Maximum Extent Feasible Documentation. 6.06 Assistance During Bid Period The CONSULTANT shall provide assistance during the bid and award of the construction contract. The following tasks will be provided by the CONSULTANT based on assumptions agreed upon between the CITY and CONSULTANT. The CONSULTANT shall obtain written authorization from the CITY prior to providing any of the following services: The CONSULTANT shall assist the CITY during the bid period to answer any questions that arise concerning the PS&E documents. The CONSULTANT will assist the CITY in preparing one (1) bid document addenda. CONSULTANT will not charge the CITY for addenda if they are needed to correct or clarify the failure of the CONSULTANT to meet the standard of care in the preparation of the bid documents. Deliverables: Prepare response to bidder questions and up to one (1) bid document addenda. a 6.07 Traffic and Pedestrian Control Plan [Only authorized by Extra Services Agreement] w If authorized by an Extra Services Agreement separate from this original agreement, the CONSULTANT c shall prepare and submit the necessary traffic control and pedestrian control plans associated with the m construction of the Elm Way Walkway sidewalk project. r r Q M:IPursuitslElEdmonds, City of (WA)12021 Elm Way WalkwaylScope and FeelEdmonds Elm Way Scope_Final to City_2021-05-06.docx City of Edmonds 10 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 137 7.9.a Assumptions: • Required preparation and deliverables will be established with the Extra Services Agreement TASK 7.00 UTILITY COORDINATION 7.01 Utility Coordination The CITY shall be the lead on utility coordination matters. The CONSULTANT will identify areas where utility conflicts may arise as part of the design submittals (30%, 60%, and 90%) in the form of a utility conflict spreadsheet. The need for utility relocations (if any) will be identified. Utility agencies will be asked to verify the accuracy and location of their respective facilities. Communication with the utility providers will be documented by the CITY and provided to the CONSULTANT. The CITY will identify and coordinate the relocation of conflicting utilities prior to, or coincident with, this project. The CITY will prepare meeting notes and distribute them to participants. The CITY shall conduct all the coordination with the respective utilities. Assumptions: • Potholing and is an additional service not included in this scope of work and will be negotiated by the CONSULTANT as a Supplement to the Agreement. Deliverables: The CONSULTANT will identify locations of utility conflicts for CITY to use in meetings and negotiations for relocation of utilities. Utility conflicts will be identified on the plans and provided to the CLIENT (11"x17" plan sheets) in electronic format. Utility conflicts will be identified prior to the Final Design stage of the project. The CONSULTANT will attend up to two (2) utility coordination meeting with the CITY. TASK 8.00 RIGHT OF WAY [ONLY AUTHORIZED BY EXTRA SERVICES AGREEMENT] No right-of-way (ROW) services are included in this scope of services. However, United Field Services is an established team member and can provide ROW services, if authorized by Extra Services. Potential ROW work may include, but is not limited to, parcel exhibits, legal descriptions, survey staking, title and ownership review, ROW funding Estimate (RWFE), appraisal and review, acquisition negotiation, escrow closing, and ROW certification. Assumptions: • Required preparation and deliverables will be established with the Extra Services Agreement TASK 9.00 COMMUNITY OUTREACH 9.01 Community Outreach N as The CITY and CONSULTANT shall coordinate together on Community Outreach. It is anticipated that there ° will be one (1) public community outreach open house/forum with the local neighborhood group after a T the 30% design level. The CONSULTANT shall provide presentation roll plots with graphical typical sections of the paved walkway along the entire length of the corridor. The roll plots shall be in color and include x the aerial photography. Consultant staff will attend the public meeting to provide design information w support. c m E U r r Q M:IPursuitslElEdmonds, City of (WA)12021 Elm Way WalkwaylScope and FeelEdmonds Elm Way Scope_Final to City_2021-05-06.docx City of Edmonds 11 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 138 7.9.a Assumptions• • One (1) CONSULTANT staff will attend the public community outreach open house event. • This event is assumed to be in person. • CITY shall secure the meeting venue and send out notifications to participants. Deliverables: Preparation of two (2) corridor long color roll plots and up to two (2)11"x17" plan exhibits for use at a public forum. TASK 10.00 UNANTICIPATED TASK RESERVE (AS NEEDED) 10.01 Unanticipated Task Reserve A reserve budget amount has been included in the fee estimate for work under this task, which may include additional unanticipated work not specifically identified in the scope of work tasks defined above. Such work items are considered Extra Services and will be undertaken only after written authorization from the CITY. WPursuitslElEdmoods, City of (WA)12021 Elm Way WatkwaylScope and FeelEdmoods Elm Way Scope_Fioal to City_2021-05-06.docx x w c m E M U a r r Q City of Edmonds 12 Scope of Services Elm Way Walkway Project (E21DA/i058) Ma Packet Pg. 139 7.9.a Exhibit B City of Edmonds Elm Way Walkway Project (E21 DA/i058) Cost Estimate Sheet David Evans and Associates, Inc. Classification Hrs. x Direct Salary = Cost 1 Project Manager (PJM3) 98 $ 64.00 $6,272 2 QC Manager (PJM5) 28 $ 89.50 $2,506 3 Professional Engineer (ENG5) 72 $ 63.30 $4,558 4 Professional Engineer (ENG3) 156 $ 49.94 $7,791 5 Engineering Designer (END1) 73 $ 36.80 $2,686 6 Sr. CADD Technician (SCAD) 90 $ 51.50 $4,635 7 Managing Scientist (PJM3) 10 $ 57.50 $575 8 Environmental Planner (PLN3) 13 $ 47.50 $618 9 Survey Manager (SVYM) 1 $ 75.50 $76 10 Professional Land Surveyor (PJM2) 12 $ 56.00 $672 11 Survey Technician (SVTE) 36 $ 36.50 $1,314 12 Party Chief (PCHF) 32 $ 38.00 $1,216 13 Instrument Person (INST) 32 $ 29.00 $928 14 Project Coordinator (PJC3) 28 $ 32.86 $920 15 Project Administrator (ACC4) 9 $ 41.14 $370 Total Hrs. 690 Total Salary Cost $ 35,136 Overhead Cost @ 170.81 % of Direct Labor Net Fee @ 30.0% of Direct Labor Total Overhead & Net Fee Cost $ 60,016 $ 10,541 $ 70,557 Direct Expenses No. Unit Each Cost Mileage 500 miles @ $0.560 /mile $ 280.00 Utility Locates 18 hours @ $95 /hour $ 1,710.00 Subtotal $ 1,990 David Evans and Associates Total $ 107,683 Subconsultants $ Total HWA GeoSciences Inc. $ 16,637 United Field Services $ - Subconsultant Total $ 16,637 Direct Expenses Sub -Total (including Subconsultants) $ 18,627 Total Costs Unanticipated Task Reserve Optional Geotechnical Tasks (HWA GeoSciences) Total Costs with Unanticipated Task Reserve $ 124,320 ,- $ 5,000 $ 10,652 W $ 139,972 U a r r Q Page 1 of 1 M:\Pursuits\E\Edmonds, City of (WA)\2021 Elm Way Walkway\Scope and Fee\Edmonds Elm Way Budget Draft Rev1_2021-05-06.xlsx Printed: 5/6/2 Packet Pg. 140 7.9.a City of Edmonds Elm Way Walkway Project (E21DA/i058) Cost Estimate Sheet David Evans and Associates, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Work Element # Work Element M o N N C 0- d N 0 n w a W a O a` M w a W f0 O a` w c N y O) w` 0 cUq m C L N H 0 U I in a C O U (n O) c 2 z FLU -a C E > 1 0 N C Z 1 U) Z p J fp O °� Ia` a > n C U C H ' U) IL d L �' 1 0- U z C N w E 1 S a O C U U 1 0- v `o �p N_ Q U 1 0- DEA DEA Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs Total hrs Total $ 2.00 Project Management and Quality Control 2.01 Project Management 24 4 2 30 $5,263 2.02 Develop Project Schedule 2 2 $385 2.03 Monthly Invoices/Progress Reports (13 total) 7 7 14 $2,214 2.04 Meetings (14 total) 12 4 16 $2,911 2.05 Quality Assurance/Quality Control Review 1 1 2 3 $467 2.06 Change Management 6 9 65 3.00 Survey and Basemap Preparation 3.01 Field Review 2 2 $337 3.02 Data Collection 2 2 4 $556 3.03 Horizontal and Vertical Control Network 2 2 4 $556 3.04 Establish Road Centerline Alignments and Right -of -Way (Base Map) 1 4 2 8 8 23 $2,733 3.05 Base Map Preparation 2 30 24 24 80 $8,468 Work Element 3.0 Total Environmental Documentation 113 4.00 4.01 Agency Coordination and Site Visit 8 1 9 $1,527 4.02 SEPA Exemption Letter 2 12 2 16 $2,258 4.03 Other City Permits [Only authorized by Extra Services Agreement] 4.04 NEPA Document Preparation [Only authorized by Extra Services Agreement] 25 5.00 Geotechnical 5.01 Geotechnical Data Review, Field Explorations, Laboratory Testing, and Memo Work Element 5.0 Total ZI Page 1 of 2 M:\Pursuits\E\Edmonds, City of(WA)\2021 Elm Way Walkway\Scope and Fee\Edmonds Elm Way Budget Draft Rev1_2021-05-06.xlsx Printed: Packet V97.1471] 7.9.a David Evans and Associates, Inc. 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 Work Element # Work Element M N N C d N rn w C w a O M w C w f0 O ` w O\ O) ` 0 cUq 'E L NU H 0 U g a N C O (n O) c z d ra d C E > ` g N C 2 z ) °' Z , p J fp O °� ` l- > n C U C H ' ILL U d L �' ~ n z N N w E U a C `O U U ` v v Ay C Q U ` DEA DEA Total Total Total Total Total Total Total Total Total Total Total Total Total Total Total hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs Total hrs Total 6.00 Design 6.01 Project Site Visits 3 3 6 $783 6.02 Preliminary 30% Design 10 5 10 25 15 20 4 89 $14,085 6.03 Drainage Report [Draft, Final] 2 40 42 $8,155 6.04 Final Design (Plans, Specifications, Estimate) 6.04.1 60% Design 10 5 5 45 20 20 4 109 $16,691 6.04.2 90% Design 10 5 5 30 10 20 4 84 $13,331 6.04.2 100% Design 8 5 5 25 10 15 4 72 $11,420 6.05 Prepare Ad -Ready Documents 4 5 5 10 5 5 4 38 $6,294 6.05.1 Maximum Extent Feasible (MEF) Documentation [Draft + Final] 1 4 10 15 $1,900 6.06 Assistance During Bid Period 4 2 2 8 $1,451 6.07 Traffic and Pedestrian Control Plans [Only authorized by Extra Services Agreement] 463 7.00 Utility Coordination 10 10 .100 901 14 14 7.01 Utility Coordination Work Element 7.0 Total Right of Way [Only authorized by Extra Services] Work Element 8.0 Total Community Outreach Community Outreach Work Element 9.0 Total Unanticipated Task Reserve (As Needed) Unanticipated Task Reserve 2 8 $1,587 8.00 9.00 9.01 4 10 $2,319 4 10.00 10.01 EXPENSES $1,990 PROJECT WORK ELEMENTS TOTALS 98 28 72 156 73 90 10 13 1 12 36 32 32 28 9 690 $107,683 ZI Page 2 of 2 M:\Pursuits\E\Edmonds, City of(WA)\2021 Elm Way Walkway\Scope and Fee\Edmonds Elm Way Budget Draft Rev1_2021-05-06.xlsx Printed: Packet V97.1472] Project Cost Estimate HWA Ref: 2021-PO64-21 Elm Way Walkway Project HWAGEOSCIENCES INC. Date: 6-May-21 Geotechnical Design Services Edmonds, Washington Prepared by: JTW/JLG Prepared for Anthony Wilen, DEA Scope of Work: Review existing soil and groundwater information, conduct a site visit to mark exploration locations, prepare applicable traffic control plans and permits. Complete a subsurface investigation including two limited access machine drilled borings, and one Pilot Infiltration Test (if infiltration is deemed to be feasible). Prepare exploration logs, conduct laboratory testing, perform hydrogeologic analysis to evaluate design infiltration rates, and provide design parameters for wall design. Provide a draft memorandum of our findings and recommendations, and a final memorandum that incorporates comments from the the City and design team. FCTIMATFn RW A LARnR- PERSONNEL & 2021 HOURLY BILLING RATES WORK TASK DESCRIPTION Principal Engr. VII Engr. W Geol. III Engr. I CAD Admar TOTAL HOURS TOTAL AMOUNT $290.00 $245.00 $160.00 $120.00 $110.00 $95.00 $87.00 1. Review Existing Sod and Groundwater Information 2 2 4 $540 2. Perform Site Reconnaissance 3 3 6 $810 3. Prepare Exploration Plan Memo 4 4 $640 4. Coordinate Subsurface Exploration Program 2 2 $320 5. Conduct Exploration Program (2 Borings, 1 Day) 6 6 $660 6. Prepare Summary Logs and Assign Laboratory Testing 2 2 4 $540 7. Evaluate Design Infiltration Rates 2 4 6 $760 8. Provide Recommendations for Retaining Wall Design 2 4 6 $760 9. Prepare Draft Memorandum 2 2 6 4 2 16 $2,660 10. Prepare Final Memorandum 1 2 1 2 6 $834 11. Review of Project Plans and Specifications 4 4 $640 12. HWA QA/QC 2 2 4 $810 13. Project Management and Coordination 2 6 1 9 $1,537 '1'0'1ALLABOR: 2 7 37 u 25 3 3 77 $11,511 14. Conduct Pilot Infiltration Testing 2 10 28 40 $5,540 TOTAL LABOR (OPTIONAL TASK): 2 0 10 28 0 0 0 40 $5,540 LAROR ATOR V TFSTINC FSTIMA TF.- Test Est. No. Tests Unit Test Cost $/each Total Cost Natural Moisture Content 8 $18 $144 Grain Size Analysis 6 $115 $690 LABORATORY TOTAL: $834 I ARnRATnRV TFCT1N(_FCTiMATF InPTInNAr TACK\ - Test Est. No. Tests I Unit Test Cost $/each Total Cost Organic Content of Soil 1 $70 $70 Cation Exchange Capacity 1 $100 $100 LABORATORY TOTAL: S170 ESTIMATED DIRECT EXPENSES: Mileage @ $0.56/mile - Assume 3 round trips at 25 miles each $42 GPS Rental (1 day) $50 Soil Lab Testing $834 TOTAL DIRECT EXPENSES: $926 ESTIMATED DIRECT EXPENSES (OPTIONAL TASK): Milea a $0.56/mile - Assume 3 round trips at 25 miles each $42 Hydrant Permit and Hose Rental $600 Soil Lab Testing - Optional Task $170 TOTAL DIRECT EXPENSES (OPTIONAL TASK): $812 SUBCONTRACTORS: Drilling Subcontractor $2,200 Private Utility Locators $500 Traffic Control, Flagger for One -Lane 2-way for Borings $1,500 TOTAL DIRECT EXPENSES: $4,200 SUBCONTRACTORS (OPTIONAL TASK): Excavation Subcontract IT $4,000 Private Utility Locators $300 PROJECT TOTALS AND SUMMARY: Total Labor $11,511 Direct Expenses Total $926 Subcontractor Cost $4,200 ESTIMATED $16 637 Optional Project Task (PIT): $10 652 ESTIMATED PROJECT TOTAL (WITH OPTIONAL TASKS): $27 289 Assumptions: 1. All hours and items are estimated, and may be increased or decreased within the limits of the budget at the discretion of HWA's project manager. The HWA project manager may also transfer funds allocated for direct costs to professional/technical hours, and vice -versa, as he/she determines appropriate. 2. Drilling permits will be acquired by others at no cost to HWA. No traffic control will be required to perform borings as they will be in the shoulder of the road. 3. No contaminated materials testing is assumed. 4. Pavement Cores in roadway will be patched with Quick set concrete. No 2x2 patches with HMA will be required. 5. No groundwater monitoring or well installation. 6. Pilot infiltration testing assumes the PIT will be outside of the roadway at a depth of less than 4 feet such that no shoring is required. 7.9.a Packet Pg. 143 2021-P0624-21 Elm Way Walkway Project 4r'.. City of Edmonds Elm Way Walkway Project Limits 0 126.30 252.6 Feet 188.1 This ma is a user generated static output from an Internet mapping site and is for 2,257 P B p Pp B reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION I 7.9.b I �itriw[rit E W ■ iy L `a, C O Legend L ArcSDE.GIS.STREET_CENTERLIN Q — <all other values> N N 1 V 2 N_ 5; 4 R 9;71;7;8 C O .N N ! O L N E J V N O 3 -19 E w N r+ L K LU C N c Notes t r Q Packet Pg. 144 1 7.10 City Council Agenda Item Meeting Date: 05/18/2021 Approve the WHPacific No Cost -Supplemental Agreement for the 84th Ave Overlay Project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On November 19, 2019, City Council approved Supplemental Agreement No. 1 with WHPacific, Inc. for the 84th Ave Overlay Project. On March 17, 2020, City Council approved Supplemental Agreement No. 2 with WHPacific, Inc. for the 84th Ave Overlay Project. On November 17, 2020, City Council approved Supplement Agreement No. 3 with WHPacific, Inc. for the 84th Ave Overlay Project. On May 11, 2021, staff presented this item to the Parks and Public Works committee and the committee placed the item on the May 18, 2021 consent agenda for approval. Staff Recommendation Approve the WHPacific No Cost- Supplemental Agreement for the 84th Ave Overlay Project. Narrative The proposed Supplemental Agreement with WHPacific will extend the agreement to December 31, 2021 and will not adjust the agreement amount. The extra time is needed to address a WSDOT audit and assist with the transfer of work to the Surety Company. Background The 84th Ave Overlay project provided a pavement overlay on 84th Ave from 220th to 212th Streets. The project also upgraded non -compliant ADA pedestrian curb ramps, replaced a failing storm line between 216th and 220th Streets and installed solar -powered pedestrian -actuated beacons for an existing mid -block crosswalk adjacent to Chase Lake Elementary School. Construction started in September 2019 and the contractor reached substantial completion in 2020. There are several minor work items that remain before the City can issue physical completion (the completion of all construction work). In October 2020, the City was notified that the prime contractor (A&M Construction) defaulted on the remaining contract work and owed money to subcontractors. The City is in the process of transferring the remaining work and payment issues to the Surety Company who provided the performance bond. Packet Pg. 145 7.10 Attachments: WHPacific Supplemental Agreement Packet Pg. 146 7.10.a A1111111111111111111► Washington State vP Department of Transportation Supplemental Agreement Organization and Address Number 4 WHPacific, Inc. 19201 120th Avenue NE, Suite 201 Bothell, WA 98011 Original Agreement Number Phone: 425-951-4800 Project Number Execution Date Completion Date STPUL 2509(001) 7/22/2019 12/31/2021 Project Title New Maximum Amount Payable 84th Ave West Overlay $120 864 Description of Work Provide Construction Management services for the City of Edmonds Public Works project 84th Ave West Overlay. Services include inspection and documentation on Contractor progress, review of Contractor submittals, preparation of change order documentation, and preparation of progress payment backup. The Local Agency of City of Edmonds desires to supplement the agreement entered in to with WHPacific, Inc. and executed on 7/22/2019 and identified as Agreement No. 1 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: No change to Scope of Work. 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Extended to December 31, 2021. III Section V, PAYMENT, shall be amended as follows: No change to Payment. as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. A Approving Authority Signature Date c m E a) a� L Q M c a� E a� a a rn 2 U M (L x c a) E z U 2 r Q DOT Form 140-063 Revised 0912005 Packet Pg. 147 7.11 City Council Agenda Item Meeting Date: 05/18/2021 Authorization for Mayor to sign Local Agency Professional Services Agreement with KPG for the 76th Ave. W @ 220th St. SW Intersection Improvements Project Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On May 11, 2021, staff presented this item to the Parks and Public Works committee and the committee placed the item on the May 18, 2021 consent agenda for approval. Staff Recommendation Approve the Local Agency Professional Services Agreement with KPG for he 76th Ave. W @ 220th St. SW Intersection Improvements Project. Narrative This project proposes intersection improvements at 761" Ave. W @ 2201" St. SW, consisting in the conversion of the split phasing signal operation to simultaneous protected / permissive left turns (with flashing yellow arrows) for the eastbound and westbound movements. This conversion is possible with the addition of left turn lanes for the eastbound and westbound movements. A right turn lane for the southbound movement and bike lanes for the southbound and eastbound movements are also included as part of this project, along with sidewalk widening and water / stormwater upgrades (with potential conversion of overhead lines to underground). The City received Statement of Qualifications from two consulting firms (KPG and SCJ Alliance) to complete the Design and Right -of -Way phases The Selection Committee chose KPG based on their qualifications and experience working on similar Federal -aid projects. The initial scope and fee covers the completion of the 15% Design since the level of design effort for many items is still unknown, such as exact roadway alignment, retaining wall on NE corner of the intersection, stormwater mitigation requirements, cost of the overhead utility conversion (to determine if this improvement can remain in project scope or not), and environmental document requirements. The initial scope and fee consists of the following tasks: completion of survey and geotechnical exploration preliminary environmental assessment completion of the 15% plans and estimates (including utility upgrades such as water / stormwater line upgrades and undergrounding overhead utility lines) Those tasks are scheduled to be completed by October 2021. Once those tasks are completed and more details are known regarding the level of design effort needed, a supplemental agreement with KPG will then follow to complete the design and the right-of-way phases. Packet Pg. 148 7.11 The City secured a $702,000 federal CMAQ grant for the Design phase (funding available now / with $232,000 local match) and a $387,500 federal STP grant to complete the right of way (funding available in 2023 / with $387,500 in local match). The local match will be funded by traffic impact fees. Funding from the water utility fund is also budgeted to complete the section of waterline replacement. Staff and the consultant have agreed on a scope of services for this preliminary design phase in the amount of $255,712.60 (including $23,246.60 in management reserve). Attachments: Exhibit 1 Professional Services Agreement Exhibit 2 Vicinity Map Packet Pg. 149 7.11.a Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreemen Agreement Number: Firm/Organization Legal Name (do not use dba's): KPG P.S. Address Federal Aid Number 3131 Elliott Avenue, Suite 400, Seattle WA 98121 CM-9931(021) UBI Number Federal TIN or SSN Number 601-248-468 91-1477622 Execution Date Completion Date 12/31 /2021 1099 Form Required Federal Participation ❑ Yes ❑i No ❑i Yes ❑ No Project Title 76th Ave. W @ 220th St. SW Intersection Improvement Project - Preliminary Design Analysis Description of Work The preliminary design analysis to confirm the project limits and footprint, finalize the survey that was started as part of the 2018 preliminary design report, complete the geotechnical investigation and preparation of the draft geotechnical report, conduct a preliminary environmental assessment to determine the extent of the NEPA documentation requirements, preparation of the draft stormwater conveyance and water quality design TIR, evaluate the illumination and signal design requirements and prepare an illumination report, evaluate the potable water system needs and prepare a preliminary layout, prepare a preliminary layout of the aerial undergrounding design, coordinate with the franchise utility providers, identify estimated ROW needs, perform outreach to the property owners most heavily impacted by the proposed improvements, provide a preliminary (15% level layout of all elements and the associated estimate of cost). ❑ Yes 0 No DBE Participation Total Amount Authorized: $232,466.00 ❑ Yes ❑✓ No MBE Participation Management Reserve Fund: $23,246.60 ❑ Yes 0 No WBE Participation ❑ Yes 0 No SBE Participation Maximum Amount Payable: $255,712.60 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub -consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 150 Revised 0210112021 7.11.a THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Edmonds hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the requirec commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provi l the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above -described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the Stat of Washington. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 151 Revised 0210112021 7.11.a Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at th( commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime in CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF; v� regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the c total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANT.' N perform a minimum of 30% of the total amount of this AGREEMENT. Ua In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreemen is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime; involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment informatior shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C - Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepare( by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service foi these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through of on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shal be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: Name: Bertrand Hauss Agency: City of Edmonds Address: 121 5th Ave N City: Edmonds State: WA Zip: 98020 Email: Bertrand.hauss@edmondswa.gov Phone: 425-771-0220 Facsimile: N/A IV. Time for Beginning and Completion If to CONSULTANT: Name: Nandez Miller Agency: KPG, P.S. Address: 3131 Elliott Ave., Ste 400 City: Seattle State: WA Zip: 98121 Email: nandez@kpg.com Phone: 206-286-1640 Facsimile: N/A The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing b3 the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of thi: AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because o unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Packet Pg. 152 Agreement Revised 0210112021 7.11.a V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate and direct non -salary costs. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as suc on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime an all A&E sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc. for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub -consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) o These charges may include, but are not limited to, the following items: travel, printing, long distance n telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be reimbursed 0- only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall a. comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and z revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal x Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an c itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain E the original supporting documents in their office. Copies of the original supporting documents shall be 0 supplied to the AGENCY upon request. All above charges must be necessary for the services provided Q under this AGREEMENT. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 153 Revised 0210112021 7.11.a 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may rn include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated vn and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported c in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not N previously paid in the progress payments will be covered in the final payment, subject to the provisions of Ua Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Extra Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required unde Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY b, the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 154 Revised 0210112021 7.11.a 1t, Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upoi these records with the following exception: if any litigation, claim or audit arising out of, in connection with, in or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and v� accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub -Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub -consultant, any contract or any other relationship. Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub - consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall requirf each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that 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, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annu this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 155 Revised 0210112021 7.11.a Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligatior and responsibility of the CONSULTANT. vn The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal -aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 • 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F' attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up t, the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 156 Revised 0210112021 7.11.a date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed thi in amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those right: with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 157 Revised 0210112021 7.11.a XII. Legal Relations The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under thi AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legall: liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and c vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT: provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and /or the AGENCY 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. This waiver has been mutually negotiated between the Parties. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 158 Revised 0210112021 7.11.a Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contrac administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimur limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub - consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Bertrand Hauss Agency: City of Edmonds Address: 121 5th Ave N City: Edmonds State: WA Zip: 98020 Email: bertrand.hauss@edmondswa.gov Phone: 425-771-0220 Facsimile: N/A No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 159 Revised 0210112021 7.11.a The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has N fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is v; available to it under other provisions of this AGREEMENT, or otherwise in law. 0 N XIII. Extra Work C A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENC) decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit "G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "Genera Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 160 Revised 0210112021 7.11.a XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either parry has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, o: modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other parry without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or (ii) returned all of the State's Confidential Information to the AGENCY, or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 161 Revised 0210112021 7.11.a Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which N is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall N be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. N The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidentia and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such Q confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully i° disclosed to one of the parties by a third parry that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other parry; (iv) is publicly known; or (v) is generally utilized by `o unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. c The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure CD laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ a, or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a y public disclosure request is made to view materials identified as "Proprietary and/or confidential information" orCD otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that sue] records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent Cn jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the c AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that as o may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the a sub -consultant will include the date that such records will be released by the AGENCY to the requester and state :It: that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure o the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain A a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive W and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, c liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information. P XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information (`BSI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 162 Revised 0210112021 7.11.a tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original ai or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. v� For purposes of this AGREEMENT, "ESP' means any and all computer data or electronic recorded media of any kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub -consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normall) created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature Signature Date Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Packet Pg. 163 Revised 0210112021 7.11.a Exhibit A Please see attached Exhibit A, Scope of Work Scope of Wor) Project No. Agreement Number: Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101120 Packet Pg. 164 7.11.a EXHIBIT A City of Edmonds 76th Ave W @ SW 220th St Intersection Improvements Preliminary Design Analysis KPG Scope of Work May 11, 2021 Background The project will improve and widen the intersection by installing a new traffic signal with protected -permissive left turn phases for all approaches through the addition of eastbound and westbound left turn lanes on 220th St. SW. A southbound right turn lane will also be added along 76th Ave. W to further enhance intersection LOS. Additional improvements include wider sidewalks, bike lanes along the north and west legs, pavement, street lighting, signing and striping, water and stormwater upgrades and the potential conversion of overhead utility lines to underground. The work to be performed by the consultant team consists of design, geotechnical investigation, environmental documentation, and right of way acquisition. The Design phase is partially funded through a Federal CMAQ grant and the right of way acquisition phase is partially funded by a Federal STP grant. Right of way funds are expected to become available in late 2022 but may be available earlier. The City will be pursuing additional transportation grants in the future to fund the construction phase. The design project will be broken into 2 phases. The first phase will be a preliminary design analysis to confirm the project limits and footprint, finalize the survey that was started as part of the 2018 preliminary design report, complete the geotechnical investigation and preparation of the draft geotechnical report, conducting a preliminary environmental assessment to determine the extent of the NEPA documentation requirements, preparation of the draft stormwater conveyance and water quality design TIR, evaluation of the illumination and signal design requirements and development of the illumination report, evaluation of the water system needs and preliminary coordination with the water district, preliminary layout and assessment of the aerial undergrounding design, early coordination with the franchise utility providers, identification of estimated ROW needs, outreach to the property owners most heavily impacted by the proposed improvements and preparation of an updated preliminary cost estimate. Phase 2 shall include preparing 30%, 60%, 90% and Bid documents, finalizing the project design documentation, finalizing the environmental permitting and NEPA documentation, right of way acquisition services, completing WSDOT design documentation and coordination and additional public outreach. Project Assumptions • Designs will meet the LAG Manual standards. E • There is no set DBE goals for the design and right of way phases of the project. • The 2005 PROWAG standards will be used as a basis for ADA design requirements for all a City of Edmonds Page 1 of 10 KPG 76" Ave W @ 220' St Intersection Improvements 03130121 Packet Pg. 165 7.11.a intersections. • The City will supply as built information for existing City Owned utilities and signal interconnect facilities. • Drafting and plan production will be completed using KPG standards established on previous City of Edmonds projects. Work Element 1 Project Management - Roadway The first phase of the project is estimated to be completed in 4 months. 1.1 Provide project management administrative services including: • Project set-up • Preparation of monthly progress reports and invoices • Record keeping 1.2 Provide internal project management and coordination: • Project staff management and coordination • Subcontractor management and coordination • Prepare and update project schedule • Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 3 coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 3-4 Consultant staff at each of the following meetings: • One formal kickoff meeting at project start • Monthly meetings throughout the project duration (estimate 3) • One follow up meeting after the preliminary design analysis has been completed • Weekly check -in phone/Zoom meetings for the duration of the project (PM only) Deliverables: ♦ Monthly invoices broken down by funding sources for Roadway, Stormwater and Water, including a brief outline of work completed within the billing period and identification of any possible work or coordination items that may delay the project schedule ♦ Consultant and sub -consultant invoices shall be submitted in a format approved by the City and in compliance with the WSDOT LAG Manual ♦ Project Kickoff Meeting agenda and minutes ♦ Minutes from all coordination meetings with the City ♦ Emails regarding work status updates, design questions, coordination efforts, etc... ♦ Monthly Project Schedule updates when/if the project schedule is altered Work Element 2 Survey and Mapping Survey limits shall extend approximately 10 feet behind the proposed sidewalk or existing Right -of -Way lines, whichever is farthest, and 30 feet from back of sidewalk proposed at driveways. Mapping will extend to the face of building at the northwest and northeast corner of City of Edmonds Page 2 of 10 KPG 76" Ave W @ 220' St SW Intersection O5111121 Packet Pg. 166 7.11.a 76t" Ave W and SW 220t" St and may extend to the building face on the southwest corner, depending on final project footprint. 2.1 Re-establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will be WSDOT Datum. Approximately 10 control points will be established and will be made available for the construction Consultant's use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include the following: • Section Corners • Side street monuments • Property Corners 2.2 Field Survey and Note Reduction. Field mapping will include building faces, building corners, signs, trees, curbs, sidewalks, utility poles, signal poles and other surface features within the mapping area as described above. Perform note reduction of the field survey data. Field survey to locate paint marks in work element 2.1 and surface features (valves, sewer manholes, catch basins, junction boxes, vaults). The CONSULTANT will prepare a utility base map from this information. Perform observation and measure -downs of existing water valve nut tops and storm drain catch basins, manholes and outfalls (few are anticipated). Document the approximate size, type, material (brick, concrete), and general condition of the structures. Also document the size, location, and invert elevations of storm drainage pipes. These observations will be made from the surface. 2.3 Mapping work to prepare 1 "=20' topographic base map and digital terrain model (DTM) in AutoCAD Civil 3D format of the project within the limits described above. The base mapping work will include: • Signs, trees, pavement edges, pavement markings, utility poles, fences, and other visible and accessible surface features. • One -foot contours generated from the DTM. 2.4 Coordination with a utility locating company to mark all franchise utility locations within the project corridor and request and acquire private utility company record drawings. Coordination with City staff to locate all City Owned facilities. Previous utility mapping will be updated based on acquired record drawings and new locates. Utility as-builts will be used to verify the location and type of utilities within the limits of this project (i.e. adding the type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described in Work Element 2.2. The Consultant will be responsible to schedule and coordinate utility locates. Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD Civil 3D format of the project within the limits described above. The base mapping work will include: City of Edmonds Page 3 of 10 KPG 76" Ave W @ 220" St SW Intersection 05111121 Packet Pg. 167 7.11.a Any service line locations and gravity storm and sewer needed for design will be identified using existing maps and GIS information. Additional survey for items like storm drainage connections or other design elements outside of the limits identified above has not been included in this scope of work. No additional survey work will be performed without prior written authorization from the City. Deliverables: ♦ Electronic copies of survey and basemap files saved in AutoCAD and Civil 3D version 2018 ♦ Back-up documentation for utility locates, utility measure -downs and control features Work Element 3 Geotechnical Exploration and Report 3.1 Geotechnical Coordination and Review The Consultant shall coordinate the geotechnical exploration and mapping to ensure that boring locations are located appropriately to provide the necessary data for use on the project. The Consultant shall also review the geotechnical reports and data provided to ensure that all scope elements are accounted for and included. 3.2 Geotechnical Exploration Plan HWA will prepare a geotechnical exploration plan that identifies the location and type of investigation to be performed within the project limits. The exploration plan will include 1 "=40' plan views showing these locations. A written description for the type of analysis to be performed will be prepared. HWA will obtain and review existing information, coordinate and plan access and restoration for test holes, and identify features that affect other geotechnical design work elements. HWA will prepare traffic control plans and submit to the City for review and approval. No field investigation will proceed until the geotechnical exploration plan has been approved by the City. 3.3 Field Explorations The field exploration program will consist of advancing up to four (4) borings approx. 20 feet in depth to characterize general soil conditions in support of signal pole foundation, wall and utility vault design. In an effort to avoid buried utilities, HWA will contact the Washington Utilities Coordinating Council One Call service to locate underground utilities and coordinate with the CITY for any known information about existing site utilities prior to performing field activities. HWA will perform pavement coring at 5 locations using a 6-inch diameter core barrel. Shallow hand borings (2 feet) will be completed at each core location to assess subgrade condition. One core will be performed on each leg on the intersection and one core will be performed within the intersection. Pavement cores will be located in the travel lanes and will require traffic control consisting of flaggers. The core within the intersection will require a UPO as well. Pavement cores will be filled entirely with a fast set non -shrink grout. Blue -Line Non -shrink grout with black dye (or approved equivalent) shall be used. HWA will prepare logs of drilled boreholes, test pits and pavement cores City of Edmonds Page 4 of 10 KPG 76" Ave W @ 220" St SW Intersection 05111121 Packet Pg. 168 7.11.a and assign laboratory testing on selected samples. 3.4 Geotechnical Laboratory Testing HWA will complete geotechnical laboratory testing of the soil sample taken from the site to determine the general soil conditions and information that is pertinent to signal and illumination pole foundation design as well as wall and vault foundation design. A laboratory grain size analyses will be performed on select soil samples to estimate hydraulic conductivity (provided soils are not glacially consolidated). 3.5 Draft Geotechnical Report HWA shall prepare a draft report presenting the results of the soil exploration along with recommendations for signal/illumination pole foundations and anticipated soil conditions. 3.6 Geotechnical Report Upon receipt of review comments for the draft geotechnical report, the comments will be addressed and a signed and sealed final geotechnical report will be submitted by HWA. Assumptions ♦ Borings will be completed within the City Right -Of -Way but outside of the travel lanes. ♦ No fees will be associated with obtaining a Right of Way Permit. ♦ No flaggers will be required for traffic control. ♦ Field exploration will be performed during the daylight hours. ♦ Geotechnical evaluation does not include evaluation of potentially contaminated soils, fill or groundwater or the identification of wetland areas. In the event contaminated soils appear to be present, the CONSULTANT will collect samples and contact the City for direction. ♦ Piezometers to monitor groundwater levels over time will not be installed; however, the depth to the groundwater level will be noted at the time of exploration if encountered within the depth of our explorations. ♦ The City will provide right of entry for geotechnical work (if necessary) Deliverables: ♦ An electronic copy (in pdf format) and two bound copies of the Draft Geotechnical Report. ♦ An electronic copy (in pdf format) and two bound and one unbound copies of the Final Geotechnical Report. Work Element 4 Preliminary Environmental Assessment 4.1 LAI will prepare a preliminary version of the Washington State Department of Transportation (WSDOT) Local Programs National Environmental Policy Act (NEPA) Categorical Exclusion (CE) Form (formerly the Local Agency Environmental City of Edmonds Page 5 of 10 KPG 76" Ave W @ 220" St SW Intersection 05111121 Packet Pg. 169 7.11.a Classification Summary). The purpose of the preliminary NEPA CE form is to facilitate discussion with WSDOT Local Programs to determine subsequent NEPA compliance needs. To complete the preliminary version of the CE form, LAI will complete a brief site reconnaissance, and compile and review environmental information from readily available public domain resources to gain a general understanding of relevant environmental resources along the project corridor. City, state, and federal public domain resources reviewed will be limited to those necessary to provide preliminary responses in the CE form. This task includes preparation of a letter describing the Area of Potential Effects (APE) in support of Section 106 National Historic Preservation Act compliance. The letter will include a figure presenting the project area and will support evaluation of applicable Section 106 exemption. This task also includes participation by the Consultant's Senior Associate in a NEPA kickoff meeting with staff from the City and WSDOT Local Programs. Assumptions ♦ Federal funding will be provided by the Federal Highway Administration distributed through WSDOT Local Programs. ♦ The NEPA kickoff meeting will occur after the preliminary version of the CE form has been prepared. ♦ This scope of work does not include preparation of individual discipline reports associated with NEPA or State Environmental Policy Act (SEPA) compliance. Deliverables: ♦ An electronic copy of the preliminary and final NEPA CE form in Microsoft Word. ♦ An electronic copy of the APE letter and associated figure. Work Element 5 Preliminary Design - Roadway 5.1 Illumination and Signal Preliminary Layout and Reports Illumination The illumination analysis and improvement limits of the project shall match the sidewalk replacement limits of the project. The initial evaluation will be based on the limits established in the 2018 Preliminary Report. The Consultant shall conduct AG132 illumination analysis based on the applicable standards and prepare draft and final reports for the City records. Signal Existing signal plans (provided by the City) will be reviewed and on -site E coordination/verification of existing signal equipment with the signal maintenance representative will be performed prior to beginning the signal design. a City of Edmonds Page 6 of 10 KPG 76" Ave W @ 220" St SW Intersection 05111121 Packet Pg. 170 7.11.a The signal plans shall include intersection layout and equipment including cabinets (signal, BBS, service), poles, signal heads, pushbuttons, EVPE and detection, signs and any other equipment to show intent of the design. Coordination with City of Edmonds and Lynnwood staff for the adaptive system and PTZ. The Consultant will also confirm that existing fiber can be reused and determine where the vaults, junction boxes and controller are to be located. 5.2 Aerial Utility Undergrounding Evaluation The Consultant shall contact the various franchise utility providers to inform them of the potential project. Existing facility maps will be obtained and compared to the basemap to determine if all existing facilities are identified. KPG will work with the franchise utility providers to develop preliminary trench alignments and determine the number and type of required structures and well as possible structure locations. Preliminary private service connections will also be identified. 5.3 Preliminary ROW/Easement Needs Assessment The Consultant shall conduct ROW research and calculations to assess ROW impacts and establish existing property constraints. The Consultant shall refine the preliminary ROW/Easement Needs documents after the project footprint and preliminary utility needs have been established. This work shall include meeting with the property owners most impacted by the proposed improvements and determining mitigation needs and designs (assumes 5 property owner meetings) and updating the ROW/easement areas spreadsheet. 5.4 Roadway Footprint and Cross Section Evaluation The Consultant shall build on the work completed in the 2018 Intersection Study and work with the City to determine the appropriate civil design parameters for the project. This work will include: an assessment of desired sidewalk, planter and lane widths, looking at shifting the 220t" St alignment south to accommodate a wider cross section, impacts to adjacent properties and existing utilities, option for reducing the corner radii and accommodating the desired design vehicles, evaluation of existing driveway locations, and evaluation of the proposed bicycle facilities. (Assumes 2 alternative cross section options are evaluated.) 5.5 Preliminary Cost Estimates The Consultant shall prepare high level cost estimates for the 3 alternative design options. And prepare a preliminary (15% level) cost estimate for the preferred alternative. 5.6 Design Memorandum The Consultant shall build off of the work completed in the 2018 Intersection Study and a City of Edmonds Page 7 of 10 KPG 76" Ave W @ 220" St SW Intersection 05111121 Packet Pg. 171 7.11.a work with the City to determine the appropriate civil design parameters for the project and document the design decisions and justifications in a memorandum. Typical items to be documented include: design vehicles, corner radii, lane widths, ADA ramp designs, driveway locations and widths, sidewalks widths, alignments, slopes and cross slopes, turning movements, bicycle facility needs and other relevant design decisions. The memorandum will discuss applicable City codes and standards, if those do not apply, AASHTO, WSDOT and other applicable standards will be considered. Deliverables: ♦ Preliminary Illumination Report (PDF) ♦ Preliminary (15% level) Design Scroll Plot (PDF) ♦ Preliminary cost estimate (PDF) ♦ Preliminary Design Memorandum (PDF) Work Element 6 Stormwater Preliminary Design and Analysis 6.1 Project Management and Coordination The Consultant shall attend 1 kickoff meeting and 1 meeting during the preliminary design phase to determine the stormwater needs and discuss with City staff the results of the geotechnical reports and preliminary analysis. 6.2 Compile Stormwater Data The Consultant shall compile and review existing stormwater data, including record drawings and previous design reports. Meet with City of Edmonds stormwater staff to discuss previously completed design work and perform site visit. 6.3 Preliminary Stormwater Evaluation The Consultant shall evaluate applicable minimum requirements in accordance with ECC Chapter 18.30 and the Edmonds Stormwater Code Supplement. Document preliminary findings in a draft stormwater technical memorandum. It is assumed that the project will be exempt from flow control requirements but will require water quality treatment facilities and On -Site Stormwater Management also known as Low Impact Development (LID) design analysis. LID Best Management Practices (BMPs) will be evaluated for all new and replaced impervious surfaces. The requirement to provide flow control BMPs such as dispersions and infiltration to the Maximum Extent Feasible will be evaluated. The analysis includes site feasibility and soil suitability per City's Stormwater Manual. If BMPs are required, facilities will be designed in the order listed in the City's Stormwater Manual. This work does not include efforts to size and locate underground storage and/or treatment facilities if the preliminary evaluation determines that flow control is required or that LID facilities are not an option due to available ROW or existing system characteristics. 6.4 Preliminary Stormwater Design and Cost Estimate The Consultant shall prepare a preliminary layout and estimate of cost for proposed a City of Edmonds Page 8 of 10 KPG 76" Ave W @ 220" St SW Intersection 05111121 Packet Pg. 172 7.11.a storm system modifications and water quality treatment facilities based on the work completed in Work Element 6.3 and Work Element 6.5, if authorized. 6.5 Prepare Draft Technical Memo The Consultant shall prepare the draft stormwater technical memorandum to document applicable stormwater management requirements, modeling, and design calculations. Assumptions: ♦ A geotechnical analysis will be conducted to determine soil suitability (infiltrative soils). Deliverables: ♦ Preliminary Stormwater Technical Memorandum (PDF file) Work Element 7 Potable Water Preliminary Design and Analysis 7.1 Project Management and Coordination The Consultant shall attend 1 kickoff meeting and 1 meeting during the preliminary design phase to refine the water needs and project limits and discuss with City staff the results of the coordination efforts with the Olympic View Water and Sewer District (OVWSD). 7.2 Compile Water Data - City & Water District The Consultant shall verify the existing water systems locations and components with City and OVWSD staff, request copies of existing system maps and projects within the area (if any) and determine if the District intends to perform any upgrades or replacement/repairs to their system in conjunction with the City's project. 7.3 Water Concept Verification/Analysis The water system improvement work will include replacing and upsizing portions of the existing water system including 8-inch diameter cast iron water main(s) along 76th Ave W and 220th St SW that are near the end of its useful life. The existing water main will be replaced with new 12-inch diameter ductile iron water main and appurtenances (i.e. relocated/adjusted water services, hydrants, valving and existing system tie-in connections) with the existing roadway/ROW. Water line replacements limits shall be within the project limits. The Consultant shall coordinate with Olympic View Water and Sewer District (OVWSD) to discuss potential conflicts with the new waterline The Consultant shall complete conceptual -level analysis and design based on KPG's x initial 2018 Work on the project and verify water system improvement requirements and `U a conceptual layout with the City. E a City of Edmonds Page 9 of 10 KPG 76" Ave W @ 220' St SW Intersection O5111121 Packet Pg. 173 7.11.a 7.4 Preliminary Water Design and Cost Estimate The Consultant shall document verified requirements and desired water system improvements and provide a preliminary design layout and corresponding construction cost estimate. Management Reserve Management reserve will be used to address potential unforeseen design changes and/or additions as mutually agreed upon by the City and the Consultant. No work will be completed without prior written authorization from the City. A fee estimate will be developed at the time the work is requested. ADDITIONAL SERVICES: The City of Edmonds may require other services of the consultant. These services could include additional design, right of way, environmental documentation, construction phase services, or other work tasks not included in the scope of work. At the time these services are required, the Consultant will provide the City with a detailed scope of work and an hour and fee estimate. The Consultant will not proceed with the work until the City has authorized the work and issued a written Notice to Proceed. City of Edmonds Page 10 of 10 KPG 76" Ave W @ 220" St SW Intersection 05111121 Packet Pg. 174 7.11.a Exhibit B There is no DBE requirement for this project. DBE Participatiot Agreement Number: Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 175 7.11.a Exhibit C Preparation and Delivery of Electronic Engineering and Other Dati In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data Please see Scope of Work B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 176 7.11.a D. Specify the Agency's Right to Review Product with the Consultant Agency retains the right to review all deliverables as stated in the Scope of Work and as indicated in the Agreement. E. Specify the Electronic Deliverables to Be Provided to the Agency See Scope of Work F. Specify What Agency Furnished Services and Information Is to Be Provided See Scope of Work Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 177 7.11.a II. Any Other Electronic Files to Be Provided See Scope of Work III. Methods to Electronically Exchange Data Email (15 GB Max) Pre -Approved Client or Consultant Hosted FTP/Online Exchange Site Compact Disc/DVD Flash Drive Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 178 7.11.a A. Agency Software Suite Microsoft Office B. Electronic Messaging System Microsoft Outlook C. File Transfers Format See Scope of Work Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 179 7.11.a Exhibit D See Attached: - Cost Estimate - Billing Rates - WSDOT Overhead Rate Letter Prime Consultant Cost Computation! Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 180 7.11.a I III IN 11111111111111111 INS ml ml 1111111 1111111 1111111 ml �-lll -1111 -11 -1 -111111 -11111 -1111 Packet Pg. 181 7.11.a Aft CWWashington State Department of Transportation April 23, 2020 KPG, P.S. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Underson Way SW Tumwater, WA 98501-6504 TFY: 1-800-833-6388 www.wsdot.wa.gov Subject: Acceptance FYE 2019 ICR — Risk Assessment Review Dear Susan Rowe: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2019 ICR of 154.56%. This rate will be applicable for Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email co n su ltantratesCa)wsdot.w a.fzuv. Regards; Jonson, Erik �- Apr 27 2020 8:46 AM ERIK K. JONSON Contract Services Manager EKJ: ah Cosign Packet Pg. 182 7.11.a Exhibit E Sub -consultant Cost Computation! If no sub -consultant participation at this time. The CONSULTANT shall not sub -contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub -Contracting" of this AGREEMENT. HWA - Geotechnical Exploration / NTE $37,929 Landau Associates - Preliminary NEPA assessment / $4,100 Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 183 7.11.a a O b w O w U x� 7 m Y o UI_ N tw LN bq U q T b w � O q b Z w � o' ❑� � .R.1 w ��o b� Y G+ bD yyT',Uq 7 b ° o � U W U N U > p•�d ° o q a eo�'m ii U N :mog - w O U O N N C •a° „ o � b a p wFpi U� �'° as o �bo�.� 04 y o ap y N ^ E o o �'� W'vN•'i y N �> O 0.6b -'8ro .A O HA V pp q �a� C td G e+. tr G N cC .N •.. ,� O �' O p R o R'� o 4 a A q J Z Q N N N M O Q O� M 69 N N C\l M 69 N N N F � fA 69 fA � fR � � fR 69 Q M 00 to CO M w N N N 7 Q O N U s9 V) w U vi N H Ox = o N$'D O M O O O O O N V, va ot� w u� z n M V N N LU % ' tV W i ON 7 N N S � O J w V Q O N m Z5 c V,I t� O J 0 0 m 6 �p C C O F� xam �w� Li6 ie ie� E O y 0 p O Cbm `O c6 O � o eL d � k I¢ E t C U O_O OO fOD l0 WMloco O O A M N� O) 7 u'1 w w a,NM lC 16 tV Ci e NM �p %9 b9 W N } to 0 Q LU CL x m N LLI a a 2 m a c W J V to . N 44. 0 *8w 10 o oN W ram_ ''00 }U}��O U� rn o 3 ¢ U U o� U U x Q ' M J �jQ Ya a m 0 p a o O roC7 N Q 0 bb Packet Pg. 184 7.11.a Aft Washington State Department of Transportation June 26, 2020 HWA GeoSciences, Inc. 21312 30'h Drive SE, Suite 110 Bothell, WA 98021 Subject: Acceptance FYE 2019 ICR — CPA Report Dear Vasiliy Babko: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Underson Way SW Tumwater, WA 98501-5504 TTY:1-800-833-6388 www.wsdot.wa.gov We have accepted your firms FYE 2019 Indirect Cost Rate (ICR) of 194.86% of direct labor (rate includes 0.41 % Facilities Capital Cost of Money) based on the "Independent CPA Report," prepared by T-MAX CPA. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates(&wsdot.wa.20v. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Packet Pg. 185 7.11.a LANDAU ASSOCIATES April 30, 2021 KPG, 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 Attn: Nandez Miller, PE Re: Proposed Scope of Services and Cost Estimate Preliminary Environmental Permitting Support Services City of Edmonds 76th Avenue West at 220th Street SW Intersection Improvements Project Edmonds, Washington Dear Nandez: Landau Associates, Inc. (LAI) is pleased to present this proposed scope of services and cost estimate for the 76th Avenue West at 220th Street Southwest Intersection Improvements project in Edmonds, Washington (project). The proposed scope of services presented in this letter is based on discussions with and information provided by KPG, Inc. (KPG). Presented below is a summary of LAI's project understanding and the proposed scope of services. Project Understanding The City of Edmonds (City) is proposing this project, which will improve and widen the intersection by installing a new traffic signal with protected -permissive left turn phases for all approaches through the addition of eastbound and westbound left -turn lanes on 220th Street Southwest. A southbound right -turn lane will also be added along 76th Avenue West to further enhance the intersection level of service. Additional improvements include wider sidewalks, bicycle lanes within the intersection, pavement, street lighting, signing and striping, utility upgrades (including water and stormwater upgrades, along with potential conversion of overhead utility lines to underground). The project will require acquisition of right-of-way and will be receiving federal funds. The City has requested support with identifying environmental compliance needs associated with the project. Proposed Scope of Services The following tasks define LAI's proposed scope of services to support environmental permitting for the proposed project. Task 1: WSDOT Local Programs NEPA Categorical Exclusion Form LAI will prepare a preliminary version of the Washington State Department of Transportation (WSDOT) Local Programs National Environmental Policy Act (NEPA) Categorical Exclusion (CE) Form (formerly the Local Agency Environmental Classification Summary). The purpose of the preliminary 130 2nd Avenue South • Edmonds, Washington 98020 • (425) 778-0907 • www.landauinc.com Packet Pg. 186 7.11.a City of Edmonds/76th Avenue West at 220th Street Southwest Intersection Improvements Project Landau Associates NEPA CE form is to facilitate discussion with WSDOT Local Programs to determine subsequent NEPA compliance needs. To complete the preliminary version of the CE form, LAI will complete a brief site reconnaissance, and compile and review environmental information from readily available public domain resources to gain a general understanding of relevant environmental resources along the project corridor. City, state, and federal public domain resources reviewed will be limited to those necessary to provide preliminary responses in the CE form. This task includes preparation of a letter describing the Area of Potential Effects (APE) in support of Section 106 National Historic Preservation Act compliance. The letter will include a figure presenting the project area and will support evaluation of applicable Section 106 exemption. This task also includes participation by LAI's Senior Associate in a NEPA kickoff meeting with staff from the City and WSDOT Local Programs. Assumptions • Federal funding will be provided by the Federal Highway Administration distributed through WSDOT Local Programs. The NEPA kickoff meeting will occur after the preliminary version of the CE form has been prepared. • This scope of work does not include preparation of individual discipline reports associated with NEPA or State Environmental Policy Act (SEPA) compliance. Deliverables • An electronic copy of the preliminary and final NEPA CE form in Microsoft Word. • An electronic copy of the APE letter and associated figure. Estimated Cost LAI estimates the cost for the proposed scope of services will be approximately $4,100. LAI proposes to provide the above -described services on a cost -plus -fixed -fee basis according to the budget set forth above and the attached fee determination table. It is possible that the level of effort actually required to complete a specific scope item will differ from that currently being assumed, and LAI may need to reallocate authorized budget amounts between the various tasks or request additional budget as required to meet the needs of the project. In the event the project requirements change, or unexpected conditions are disclosed that appear to require further field effort, study, or analysis, LAI will bring these to KPG's attention and seek written approval for an addendum to the scope of services and costs prior to performing additional services. April 30, 2021 2 Packet Pg. 187 7.11.a City of Edmonds/76th Avenue West at 220th Street Southwest Intersection Improvements Project Landau Associates Authorization LAI anticipates that you will develop a subconsultant agreement consistent with other agreements between KPG and LAI to formalize our working relationship on this project. Please let us know how we can assist you in that process. LAI appreciates the opportunity to work with KPG and the City of Edmonds on this project. Please contact me if you have any questions about our proposed scope of services and budget for this project. LANDAU ASSOCIATES, INC. Steven Quarterman Senior Associate Ecologist SJQ/JAF/kjg 2021-9135 \\edmdata02\Proposa1s\C_Edmonds\2021-01_76th Ave and 220th St SW Improvements\Proposal\LAI_City of Edmonds 76th-220th_prop - 02-26-21.docx Attachments Table 1: Fee Determination Table — WSDOT Local Programs NEPA Categorical Exclusion Form April 30, 2021 3 Packet Pg. 188 7.11.a Table 1: WSDOT Local Programs NEPA Categorical Exclusion Form Fee Determination Summary Sheet Project: 76th Avenue West at 220th Street SW Intersection Improvements Subconsultant: Landau Associates Direct Salary Cost (DSQ Classification (b) Hours = Typical Rate (a) = Cost Principal* 1 X $86.54 $86.54 Senior Associate 16 X $61.78 $988.48 Associate X $52.17 $0.00 Senior X $44.00 $0.00 Senior Project X $44.72 $0.00 Project X $40.29 $0.00 Senior Staff X $42.35 $0.00 Staff/Senior Technician II X $37.05 $0.00 Assistant/Senior Technician I X $25.00 $0.00 Project Coordinator 2 X $35.00 $70.00 Data Specialist X $36.30 $0.00 CAD/GIS Technician 1 X $41.35 $41.35 Support Staff X $28.00 $0.00 Total Direct Salary = $1,186.37 Overhead Cost @ 213.84% of Direct Labor Cost (c) = $2,536.93 Fixed Fee @ 30% of Direct labor Cost = $355.91 Total Direct Labor = $4,079.21 Reimbursables: Travel Expenses (est. ## miles @ $0.575/mile IRS) $0.00 Reproduction Expenses $20.79 $0.00 Subconsultant Total = $4,100.00 Prepared By: SJQ Date: 2/14/2021 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g., Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/20. * Excludes CEO 02/26/21 \\edmdata02\Proposa1s\C_Edmonds\2021-01_76th Ave and 220th St SW Improvements\Proposal\Tablel_FeeDetermination Landau Associates Packet Pg. 189 7.11.a Aft Washington State Department of Transportation February 17, 2021 Landau Associates, Inc. 103 2" d Avenue South Edmonds, WA 98020 Subject: Acceptance FYE 2020 ICR— CPA Report Dear Ashleigh Walker: Development Division Contract Services Office PO Box 47408 Olympia, WA 98504-7408 7345 Underson Way SW Tumwater, WA 98501-5504 TTY:1-800-833-6388 www.wsdot.wa.gov We have accepted your firms FYE 2020 Indirect Cost Rate (ICR) of 213.84% of direct labor (rate includes 0.28% Facilities Capital Cost of Money) based on the "Independent CPA Report," prepared by Stambaugh Ness. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantratesC&wsdot.wa.i!ov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Packet Pg. 190 7.11.a LANDAU ASSOCIATES, INC. STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD FOR THE YEAR ENDED JUKE 30. 2020 % of Financial5tm[ Unallowable DIF@Ot Description Expense Casts FAR Re Total Proposed Labor Direct Labor -1.028,235 0.aG S 4.D29,235 INDIRECT COSTS Fringe Be nefits_ Vacakian, sick, and holiday Retiremerit plan Employee group insurance Incentive compensation Payrvl I taxes Workers compensation Other employee benefits Total Fringe Benefice Genera I Overhe ad: IndhL-al dalane Aecocmting Fees Advertising Aulornoble -expense Corvtribulions Deprecation and amortization Dues and profession al licenses Errtertainment Insurance Irrtere5t Leased equipment Meals expense Office supplies and postage Professional services Recruitment expen se Rant Repairs and maintenance SEminarsand pfafessional education Supplies Taxes Teleoamrn urrieations Travel Recmeryr accaums Teal General Overhead Total Indirect Costs Facilities Capital Cast of Money (FCCMt 545,1390 ;i - .1 945,690 2W.1544 - 297,1744 828.337 - 928,337 4110,721 (10.743) (1) 3M973 5g7,217 (17.584l (2} 579,1533 31.749 - 31.749 79.228 (49.0,91) (1 P) 30, 147 3.179,988 (Ty, 4131 3.102-573 77.02% 3.283, 98B PW.942) {3)(4X5) 2, 98'3,944 41,987 - 41,987 14.830 (14, 83D) (3X4) - 71,034 - 71.034 13.721 (13.721 } (59[ - 272,454 (20.449) (9) 252,D06 S3,1DO (441,535} (RX7) 22,571 7.571 (7,571 } (3X9) - 221B,$80 - 226120 43.033 (43.0331 (1fl) - 28,d34ti - 28,f940 23.2113 (1.974} (9) 21.245 341.553 (9.2251 (3)(9) 332,328 135,853 - 135,853 55,£20 - 55,82D 825.013 - 925.013 35.143 - 35,143 153.317 f7,282j (3X4) 5E,035 42,1134 - 42_ Ffl4 795.481 {552,3311} (ti? 243,15t W2,237 - 192,237 92,157 r4.579} 112X131 77,578 043.4401 - (1 43,44D) 0.515.459 (1,1715.4<71)} 5.499.9P? '36.54% a.Ep5.445 5 ;7,1 9�3?y 5 8,�,02.E-52 213.515% 3 --1 280 0.26% See accompanying auditors mpolt and notes. 3 Packet Pg. 191 7.11.a LANDAU ASSOCIATES, INC. DESCRIPTION OF FAR REFERENCES AND AUDIT ADJUSTMERTS FOR THE YEAR ENDED ,DUNE 30, 202Q f 1 i 31.21]5-13 (b) Emproyee morale, health_ welfare. bad service, and darmiwry cows and credits - Costs Wgitls are unafiowab6e_ f2� 21.20" (a) Accourrting for unallowable costs - V4 hen an unallowabie cost is. imurFed. its directly associated cods are also unallowable_ f3� 31.2415-14 Entertalnmen4 Costs - Costs of arnusemenl- diweisk3ns, social acti-Mies, and any directly assocLated costs such as tiaets to shows or sports -E ents meals, lodging, rentals. v3nsportation, and gratuities are unallowable. (4l 31.2105-1 M Public relations and adwertising costs - Putrlie relations and adtiertistng oasts designed to call iatorabte altentifln la the cantrsctor and its activities is unalrowable_ (:F3� 31.205-5 (b) (2) CompensaUn ier person seneces - Compensation in exc-ess of amounts determined to be masarable are unaf table. 051 21.20-B CoriLdbutians or donations - Conlrabutions ar donatiorts are unallowable. .(7) 31.2{I5-22 (a){lj Lobbying and poliaical activity costs - Costs assooiarted with attempts to MUenoe the outcomes of any Federal, State, or local ebeetion, referendum, initiative, or sinniiar procedure, through in kind ar cash contributions, endorsements, putrlicity, or similar actMtles am unailo wable_ (831.2054l13 Goodwill - Any cods forarnortization, expensing, write-off, or write -down ofgoodwili (howewr represented) am unatlDwable. 1 31.205-51 Casts of alcoholic beverages - Coasts of alcoholic teuerages are unallowable_ (10) 31.205-2C Interest and other financial costs - Interestvn bon-Dwings (howeverrepresented�are unallowable. J11 ) 31.205-41 1 b) (1 ) Taxes - Federal income and excess profits taxes are unarJowabke. 112) 31.2fl5-4U {a) 2 Tr3vN cns[s - Casts that exceed, on a daily basis, the nnaximurn per diem rates in a -em at the Ume of tra3--1 as set froth in the Federal Travel regulations are unallowable. (13) 31.201-2 (a) (31 Deternsining allowatrility - Casts of a prim aceourrting period ate unallowable. See accompanying auditces )apart and notes- 4 Packet Pg. 192 7.11.a Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Local Agency A&E Professional Services Cost Agreement Numb Plus Fixed Fee Consultant Agreement Revised 0210112021 Packet Pg. 193 7.11.a Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Local Agency A&E Professional Services Agreement Numb Negotiated Hourly Rate Consultant Agreement Revised 0210112021 Packet Pg. 194 7.11.a Exhibit G Certification Document: Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of City of Edmonds Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 021011 Packet Pg. 195 7.11.a Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPG, P.S. whose address is 3131 Elliott Ave., Ste 400 Seattle, WA 98121 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the City of Edmonds and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. KPG, P.S. Consultant (Firm Name) KICW 5/12/2021 Signature (Authorized Official of Consultant) Date Agrccment Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101/ Packet Pg. 196 Exhibit G-1(b) Certification of City of Edmonds 7.11.a I hereby certify that I am the: 0 Certified Authority ❑ Other of the City of Edmonds , and KPG, P.S. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Washington Department of Transportations and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101 Packet Pg. 197 7.11.a Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgmer rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. Il. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. KPG, P.S. Consultant (Firm Name) 5/12/2021 Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101 Packet Pg. 198 7.11.a Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. KPG, P.S. Consultant (Firm Name) T� 1 5/12/2021 Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101 Packet Pg. 199 7.11.a Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of 76th Ave W @ SW 220th St Int. Imp. * are accurate, complete, and current as of 5/12/2021 **. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: KPG, P.S. 1J cw�- wli— � 5/12/2021 Signature Title Date of Execution***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title. "Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agrccment Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02101 Packet Pg. 200 7.11.a Exhibit H Liability Insurance Increasi To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ N/A The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ N/A Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ N/A • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. N/A Agreement Number: Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 201 7.11.a Exhibit I Alleged Consultant Design Error Procedure: The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub -consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit 1- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 202 7.11.a Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt vn to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office v� for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs c for federal reimbursement. N N • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount ai of federal participation in the agreed upon resolution of the issue. a • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration o or by litigation. a, Agreement Number: Exhibit 1- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 203 7.11.a Exhibit J Consultant Claim Procedure: The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 204 7.11.a Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 0210112 Packet Pg. 205 1 76th Ave W & 220th St SW --- Intersection Improvement Project 216TH ST SW / pu+ ASE LAKE a 4OOL Swedish Hospital 218TH ST SW 2— ST SW � 318TH ST SW AI i� m 3 to Downtown Edmonds " a219TH 6W PROJECT LOCATION 2 319 TH ST SW 2 1 7.11.b I 216TH ST SW w - I CITY OF MOUNTLAKE TERRACE —H-- —�-- 220THSTSW 220TH ST SW )HOMISH COUNTY 3 W ' �> t Q I = I 3 333ND Sr SW r 333ND Sr SW k I ^ ¢ !24TH ST SW 224TH ST SW I> Lsw 3 la 22— S1 sW' 3 ¢ I^ a I ¢ iisin v� sw 335 TH PL 8W m �$ I r � 226TH ST rv8W I C > r --_J a ' �'� ' I'/TH PL Sw Z3 3 22— ST 6ryy 3 228TH ST 8W I � - — — 228TH sT M a © Proposed Areas City of Edmonds 3 N N 22— ST yryy 3 337TH PL S}y 0 500 1,000 Fe a Packet Pg. 206 7.12 City Council Agenda Item Meeting Date: 05/18/2021 2020 Transportation Benefit District Report Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Phil Williams Background/History Pursuant to Ordinance 3707, and codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council established a transportation benefit district to be known as the Edmonds Transportation Benefit District in November, 2009, with geographical boundaries comprised of the corporate limits of the City of Edmonds at the time the ordinance was adopted or as they may exist after any future annexations. The 2015 State Legislature adopted Second Engrossed Substitute Senate Bill 2ESBB 5987 authorizing the assumption of control over a TBD by a city with the same boundaries as the TBD, which became effective in July, 2015. Pursuant of Ordinance 4053, as codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council assumed the rights powers, functions, and obligations of the Transportation Benefit District Board in December, 2016, one of which is to produce and deliver an annual report regarding the operations of the District. November, 2019 - Initiative 976 passed by a state wide margin of 53% to 47%, but was rejected by Edmonds voters 56% to 44%. 1-976 could have rolled back car tab fee increases in excess of $30 among other impacts to funding . An immediate injunction allowed for the continuation of collection of licensing fees. Ultimately, the initiative was ruled unconstitutional by Washington State Supreme Court. On May 11th, 2021 the Council Parks and Public Works Committee reviewed the 2020 Annual Report and recommended the item be placed on the full City Council action agenda for May 18, 2021. Staff Recommendation Acknowledge receipt of the 2020 TBD results and approve them for publication. Narrative The City of Edmonds must publish the results of its Transportation Benefit District (TBD) operations from January 1 to December 31, 2020. The TBD received $719,648 in revenue from local license fees on vehicles registered within the jurisdictional limits of the City of Edmonds. These collected funds were expended for street maintenance, preservation, and operation of the street transportation system within the City's boundaries. TBD-funded activities include localized pavement repairs, pothole repairs, signage management, maintenance of pavement markings (buttons, curb paint, etc.), crosswalk maintenance, and traffic signal maintenance and repair. For these eligible costs, outlined in Ordinance 4053, the City expended $586,080. The remaining $133,604 are transferred to the City's Street Fund Packet Pg. 207 7.12 (Fund 111). The publishing of this report fulfills the requirement within RCW 36.73.160(2), in which, the district shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district. Attachments: 2020 TBD Presentation 2020 TBD Statement Packet Pg. 208 7.12.a r,F E D A, Edmonds Transportation Benefit District 2020 Annual Report 05/11/21 Packet Pg. 209 7.12.a TBD overview admonds City Council forms TBD on November 18, 2008. OTBD Board enacts $20/year fee with Ordinance No. 1 on February 17, 2009 limiting the uses of funds collected to maintenance and preservation of streets and related traffic control assets. a012 - $640,944 a013 - $670,435 a014 - $623,111 a015 - $687,421 a016 - $701,467 a017 - $692,589 a018 - $716,013 + $43,181 in qualifying expenditures = $759,194 02019 - $689,668 + $26,345 in qualifying expenditures = $716,013 O $719,684 $133,604 in qualifying expenditures = $586,080 Packet Pg. 210 7.12.a Schedule of Revenues, Expenditures and Changes in Fund Balance Transportation Benefit District January 1, 2020 through December 31, 2020 (Unaudited Cash Basis) Revenues $20 Vehicle Registration Fee 719,684 Total Revenues 719.684 Expenditures Road Maintenance (includes repairs, patching, crack sealing) Labor & Benefits 134,935 Supplies 26,463 Traffic Control Labor & Benefits 195,617 Supplies 114,670 Vehicle Charges 114,396 Excess Transferred to Street Fund 133,604 Total Expenditures 719,684 Net Change in Fund Balances - Fund Balances - Beginning - Fund Balances - Ending - Packet Pg. 211 7.12.a 2021 Paving Program Revenue Fund 112-Street 100,000.00 Fund 12.E-FEET 2 400,000.00 Fund 126-FEET 1 300,000.00 Fund 112-Street 16,269.00 Fund 12.E-FEET 2 15,166.00 Fund 126-FEET 1 9,876.00 TOTAL PAVE BUDGET 8411311. 00 Expense Employee Time 80,000.00 Construct 450,454.00 Construct Contingency 45,045.40 CM 67,568.10 88th share 66,637.50 Please 2 Construct 145,745.00 Phase 2 CM 21,861.7.E Phase 2 Contingency 14,574.50 2021 Design TOTAL 891,886.25 Packet Pg. 212 City of Edmonds Mapbook 7.12.a 1-976 status 'nc. 1 89v • November 2019 -Initiative 976 passed by the voters of Washington State • An injunction, upheld by the State Supreme Court, kept the initiative from taking effect • Local licensing fee collections remained -Edmonds continued receiving and expending these revenues • October 2020 - I-976 ruled unconstitutional by the Washington State Supreme Court i O Q a� 0 N Co N r-+ ca •L 0 0 CU L O y C R L CU L 0 ca - N O N C O E t V R r Q Packet Pg. 214 7.12.a Questions? E L O a a� o: O N CO N r-+ V N r 4- O C d m C O R O y C R L O cu r_ W U) L CL M0 W F— O N O N C O E t V R r Q Packet Pg. 215 7.12.b Schedule of Revenues, Expenditures and Changes in Fund Balance Transportation Benefit District January 1, 2020 through December 31, 2020 (Unaudited Cash Basis) Revenues $20 Vehicle Registration Fee 719,684 Total Revenues 719.684 Expenditures Road Maintenance (includes repairs, patching, crack sealing) Labor & Benefits 134,935 Supplies 26,463 Traffic Control Labor & Benefits 195,617 Supplies 114,670 Vehicle Charges 114,396 Excess Transferred to Street Fund 133,604 Total Expenditures 719,684 Net Change in Fund Balances - Fund Balances - Beginning - Fund Balances - Ending - Packet Pg. 216 7.13 City Council Agenda Item Meeting Date: 05/18/2021 Renewal of Verizon Cell Tower lease - Five Corners Staff Lead: Phil Williams Department: Public Works & Utilities Preparer: Phil Williams Background/History Verizon (previously Clearwire) has been leasing a small cell tower site (57 sq.ft.) at the City's Five Corners Reservoir property for the last 15 years to improve their cellular phone coverage in Edmonds. The lease was originally signed in 2006 for a five-year term. The lease also included a provision for up to three successive 5-year renewals upon mutual consent. We have to -date issued two of those extensions. This agenda item seeks to authorize the last five-year extension which would expire in June, 2026. Staff Recommendation Approve the last 5-year extension of the lease agreement with Verizon for 57 sq.ft. at the Five -Corners reservoir site for locating communications equipment Narrative Assuming this lease is extended for the next five years lease payments will continue to escalate at 3% per year as they have for the last 15 years. It will expire in June, 2026. If both parties wish to continue this arrangement at that time a new lease agreement would need to be negotiated. The Public Works Department has no immediate need for this portion of City property and recommends the lease be extended. Attachments: 210125 FINAL--5 Corners-Verizon Lease Exhibit A Exhibit B Packet Pg. 217 7.13.a GROUND LEASE This Ground Lease ("Lease") is entered into by and between the City of Edmonds, a municipal corporation of the State of Washington ("City"), and Seattle SMSA Limited Partnership d/b/a Verizon Wireless ("Tenant") WHEREAS, the City owns property located at 8505 Bowdoin Way, Edmonds, i2 L d Washington, commonly referred to as the Five Corners Water Tank Site (the "Site"); and c WHEREAS, in 1997 the City leased space at the Site to Voicestream PCS III Z a� Corporation ("Voicestream") by that certain Facilities Lease for Communications M c Facilities dated October 1, 1997, amended May 13, 2004, for the purpose of allowing ° �L Voicestream to erect a tower on which it would locate telecommunications equipment (the a, "Tower Lease"); and WHEREAS, in 2004 the City leased space at the Site to AT&T Wireless by document executed February 18, 2004, and amended in 2012, for the purpose of allowing AT&T to co -locate its telecommunications equipment on the tower subject to Voicestream approval, and to further place telecommunications equipment and associated improvements on the ground (the "AT&T Lease"); and WHEREAS, by virtue of a series of assignments, Voicestream's interest in the Tower Lease is currently held by T-Mobile West Tower LLC, a Delaware limited liability company, by and through its Attorney -in -Fact, CCTMO LLC, a Delaware limited liability company (hereinafter referred to as "T-Mobile"); and and WHEREAS, the Tower Lease and the AT&T Lease are both set to expire in 2024; 1 Packet Pg. 218 7.13.a WHEREAS, now Seattle SMSA Limited Partnership d/b/a Verizon Wireless ("Tenant") desires to obtain permission from the City to also co -locate its telecommunications equipment on the tower, subject to T-Mobile approval (which approval may be granted through CCTMO LLC), and to further place its telecommunications equipment and associated improvements on the ground; and i2 L d WHEREAS, the City is willing to grant the rights requested subject to certain terms c V M and conditions. '- i. a� NOW, THEREFORE, the parties hereby agree as follows: M c 0 N L Section 1 Defined Terms 0 1.1 The Site is the City owned real property located at 8505 Bowdoin Way, Edmonds, Washington, commonly known as the Five Corners Water Tank Site, and legally described in Exhibit A. 1.2 The Telecommunications Equipment is: the equipment and facilities and all other necessary or ancillary equipment and structures, including antenna(s), cables, wires, all communication attachments, appliances, including utility facilities that serve them, all for the purpose of providing wireless telecommunications services. The term Telecommunications Equipment encompasses everything Tenant is authorized to place at the Site under this Lease over the term of this Lease. The following are specifically excluded from the definition of Telecommunications Equipment and are not allowed at the Site: any equipment, facilities, or structure exceeding six (6) feet in height, including any attached equipment. 2 Packet Pg. 219 7.13.a Section 2 Authority Granted Subject to the terms and conditions set forth in this Lease, City grants Tenant the authority to take the following actions at the Site: 2.1 Co -locate Telecommunications Equipment on the tower operated by T-Mobile pursuant to the Tower Lease, only upon the written approval of T-Mobile to such co -location. i2 L d ` `o c.� 2.2 Construct, place, maintain, operate, and repair Telecommunications Equipment a� Z within the footprint of a certain fifty-seven (57) square foot area which Tenant a� M shall fence, all as depicted on the attached Exhibit B. N �L Section 3 Limitation on Riehts Granted Nothing contained within this Lease shall infringe upon the City's right to use the Site upon which Tenant's equipment and improvements are installed, nor shall it infringe upon the rights of T-Mobile under the Tower Lease. Further, nothing contained herein shall convey any right, title, or interest in the Site. This Lease is merely a license to use and occupy the Site for the limited purposes stated herein; provided however, Tenant will have exclusive possession of the fifty-seven (57) square foot area described in Section 2.2. This Lease shall not be deemed to constitute any warranty of title, provided, however, that the City does warrant that it does not have actual knowledge of any disputes as to its ownership of the Site. Section 4 Term The rights granted under this Lease shall have a term which shall begin on the Effective Date and shall terminate upon May 13, 2024, unless sooner terminated in 3 Packet Pg. 220 7.13.a accordance with the provisions of this Lease. Section 5 Co -Location Tenant shall provide City with the express written consent of the owner of the tower, currently T-Mobile, sited on the Site prior to any co -location on the tower. Such co -location is subject to (i) the requirements of the Tower Lease; and (ii) Section 21 of this Lease, i2 L d Interference. ` `o c� a� Section 6 Permits, Licenses, and Authorizations Required Z The authority granted in Section 2 is contingent upon Tenant's first obtaining all M c required governmental permits, licenses, and authorizations to locate Tenant's N �L Telecommunications Equipment at the Site, including but not limited to the permits and 0 authorizations of Chapter 20.50, Wireless Communications Facilities, of the Edmonds Community and Development Code, development permits, building permits, and approval of the City's Public Works Department. All rights granted under this Lease are subject to the terms, conditions, and requirements of the Edmonds Municipal Code, as existing at the time of execution of this Lease or as may thereafter be amended, including but not limited to ECDC Chapter 20.50 Wireless Communications Facilities. Section 7 Installation and Removal of Telecommunications Equipment During installation, operation, replacement, maintenance, repair, construction or removal of Tenant's Telecommunications Equipment, Tenant shall comply with all noise suppression requirements of the City, recognizing that the installation is adjacent to a residential area. Prior to the commencement of any installation, replacement, maintenance, repair, construction, or removal, Tenant will obtain approval, not to be unreasonably El Packet Pg. 221 7.13.a withheld, conditioned, or delayed, of its landscaping and construction plans from the Public Works Director or his designee and all required governmental permits and approvals, such as, but not limited to, the State Electrical Code. Tenant specifically acknowledges that as part of the consideration required for this Lease, Tenant shall remove the Telecommunications Equipment, which includes fencing, i2 L d from the Site at its sole cost and expense within ninety (90) days of the expiration or earlier c termination of this Lease. Any landscaping the City may require or allow shall become the Z property of the City upon installation; provided, however, that Tenant shall be responsible M for the maintenance of the landscaping during the term of this Lease. Tenant acknowledges ° �L and agrees that Tenant is obligated to pay the Rent and any other sums required as provided 0 in this Lease to City until such time as the Tenant's Telecommunications Equipment has been in fact removed from the Site and restoration approved in accordance with the terms of this Lease. After the expiration or earlier termination of this Lease, to the extent that Tenant has failed to comply with its obligation to remove the Telecommunications Equipment from the Site, City shall have the right, but not the obligation, to remove and dispose of some or all of Tenant's Telecommunications Equipment at Tenant's sole cost and expense. Section 8 Access Tenant shall have, at all times, the nonexclusive right of ingress and egress over and across the Site, provided, however, that such right will (i) be subject to the Tower Lease, (ii) not in any manner interfere with the City's use of the Site or adjacent property, and (iii) this right of ingress and egress shall terminate concurrently with the termination of this k, Packet Pg. 222 7.13.a Lease. However, Tenant shall give at least five (5) days' written notice to the City's Engineering Division, at en ing eeringpermitskedmondswa.gov prior to commencement of any replacement, maintenance or repair of its Telecommunications Equipment located upon the Site, except in case of emergency. In case of an emergency Tenant shall have access without written notice in order to conduct emergency repair necessary to maintain i2 L d service to its customers, provided that nothing herein shall be interpreted to relieve Tenant c V a) of its obligation to obtain such permits as are required by law. In case of emergency, Tenant Z shall notify the Public Works Department by phone at 425-771-0235, contemporaneous M c with such emergency service or repair in accordance with Section 9. The parties understand N a� and acknowledge that the Site is located adjacent to City facilities which may, at some a, point, be subjected to state or federal requirements regarding the security of the public water supply system. If limitations on access are imposed pursuant to such laws, the terms of this Lease shall be deemed amended to incorporate such requirements and the parties shall meet to set forth reasonable written rules to effectuate such amendment. The City shall, upon request of Tenant, provide a list of emergency telephone numbers known to the City of the other tenants at the Site. Section 9 Emergency If any emergency in which any of Tenant's Telecommunications Equipment breaks or is damaged, or if the portion of the Site which Tenant is occupying or its construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any individual, Tenant shall immediately take the proper emergency measures to repair its Telecommunications Equipment, to cure or remedy the dangerous conditions 0 Packet Pg. 223 7.13.a for the protection of property, life, health, or safety of individuals without first applying for and obtaining any permit or other authorization as required by this Lease. However, this shall not relieve Tenant from the requirement of notifying the City of the emergency work and obtaining any permits necessary for this purpose after the emergency work. Tenant shall notify the City Public Works Department by telephone at 425-771-0235 i2 L d immediately upon learning of the emergency and shall apply for all required permits not c V a) later than the second succeeding day during which the Edmonds City Hall is open for Z a� business. M r- Section 10 Dangerous Conditions, Authority for City to Abate ° �L If City determines that any activity arising out of or related to the authority granted 0 by this Lease has caused or contributed to a condition that appears to impair the lateral support of the adjoining public way, street, or public place, or endangers the public, street utilities, or City owned property, then the Public Works Director or his designee may direct Tenant, at Tenant's sole expense, to take action to protect the public, the public way, street, or public places, street utilities, or City owned property. Such directive may require compliance within a prescribed time. If Tenant fails or refuses to promptly take the actions directed by the Public Works Director or his designee, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon any portion of the Site, including the fifty seven (57) square foot fenced portion, and take such actions as it deems necessary to protect the public, the adjacent streets, utilities, public ways, to maintain the lateral support thereof, or actions regarded as necessary safety precautions, 7 Packet Pg. 224 7.13.a and the Tenant shall be liable to the City for the costs thereof. The provisions of this Section shall survive the expiration, revocation, or termination of this Lease or any other permits or approvals related thereto. Section 11 Consideration Tenant shall pay to City as Rent the annual sum of Five Thousand Dollars ($5,000). i2 L d Rent shall be payable and due 30 days after the Effective Date of this Lease and on or c as before November 15' of each calendar year thereafter (the first November payment due Z a� November 15, 2021.) The annual sum shall increase every January 1st by three percent M c (3%.) C �L Any payment received after the due date shall include a late payment penalty of 0 three percent of the annual sum for each day or part thereof past the due date. Section 12 Taxes, Licenses, and Fees Tenant agrees to pay all current and future taxes which are applicable to Tenant's uses under this Lease, including but not limited to the leasehold excise tax levied by Chapter 82.29A RCW as applicable. Tenant shall be subject to any and all permit fees associated with activities undertaken through the authority granted in this Lease, or under the laws of the City, in accordance with the rates established for the application, review, appeal, and issuance of such permits. Tenant agrees to pay the fees for all licenses, and zoning approvals and any public utility charges. Prior to entering the Site, Tenant shall obtain a business license from the City. Section 13 Reimbursement Packet Pg. 225 7.13.a Tenant shall reimburse City for any and all costs which the City has incurred in the following activities: 13.1 Initial Negotiation. Tenant shall reimburse City the sum of Three Thousand Dollars ($3,000) for the expense it has incurred in the negotiation of this Lease, such amount to be paid within 30 days of the Effective Date. i2 L d 13.2 Emergency. Tenant shall reimburse City for any and all actual costs which the c as City reasonably incurs in response to any emergency involving Tenant's Z a� Telecommunications Equipment. M c 13.3 Costs for Which a Fee is not Established. Where the City incurs costs and N a� expenses for which a fee is not established, Tenant shall reimburse the City the actual 0 expenses incurred by the City that are directly related to receiving and approving a permit, license, to inspecting plans and construction, to supervision of activities undertaken through the authority granted in this Lease or any ordinances relating to the subject for which a permit fee is not established, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW. These fees may include reimbursement for time associated with attorneys, consultants, City Staff, and City Attorney's Office review. Tenant shall reimburse City for Tenant's proportionate share of all actual, identified expenses incurred by City in planning, constructing, installing, repairing or altering any City facility as the result of the presence of Tenant's Telecommunications Equipment or uses under this Lease. Such costs and expenses shall include but not be limited to Tenant's proportionate cost of City personnel assigned to oversee or engage in any work as the result of the presence of Tenant's Telecommunications Equipment on the Site. Such costs and expenses shall also 0 Packet Pg. 226 7.13.a include Tenant's proportionate share of any time spent reviewing construction plans in order to either accomplish the relocation of Tenant's Telecommunications Equipment or the routing or rerouting of any utilities so as not to interfere with Tenant's Telecommunications Equipment. 13.4 Manner of Billing. The Time of City employees shall be charged at their i2 L d respective rate of salary, including overtime if applicable, plus benefits and overhead. Any c as other costs will be billed proportionately on an actual cost basis. All billings will be Z itemized so as to specifically identify the costs and expenses for each project for which M c City claims reimbursement. A charge for the actual costs incurred in preparing the billing ° �L may also be included in said billing. The billing may be on an annual basis, but the City a? shall provide Tenant with the City's itemization of costs at the conclusion of each project for information purposes. 13.5 Payment. Tenant shall pay all amounts due to City under this Section 13 within thirty (30) days of the date of the invoice from the City. City may elect to assess an interest fee of two percent (2%) for each day payment is late and may consider Tenant in default if any amount is not paid to City by the due date. Section 14 Utilities Tenant shall provide its own utility services, either by agreement between Tenant and existing user or users at the Site, or by obtaining a separate meter for electricity or other utilities to be placed in Tenant's name. Section 15 Business Purpose 10 Packet Pg. 227 7.13.a Tenant shall conduct and carry on in the Site only the business for which the Site is leased: wireless telecommunications transmission. Tenant shall not use the Site for any additional or illegal purposes. Tenant agrees that no stock of goods will be carried or anything done in or about the Site which will increase the present rate of insurance. Section 16 Municinal Pronrietary Pronert i2 L d Tenant acknowledges that City is the owner of the Site and that City has proprietary c as ownership rights and control over the Site. Tenant acknowledges that FCC 18-133, FCC U. a� 20-75, Section 6409 of the Middle Class Tax Relief and Job Creation Act (47 U.S.C. § M 1455), and other Orders, Rulings, and Laws governing City's regulatory functions do not ° �L limit City's authority as to this Lease. Tenant further acknowledges that City may also a, require all health, welfare, and safety regulations, requirements, or orders be met as required by City in its discretion. Section 17 Alterations, Maintenance and Improvements Except as provided in Section 2 Authority Granted, Section 8 Access, and Section 9 Emergency Work, Tenant shall not make any alterations, additions, or improvements upon the Site beyond what is depicted in Exhibit B without the prior review and written consent of the City and amendment of this Lease. Tenant shall be permitted to engage in routine maintenance and repair of its equipment and improvements and to replace the same with substantially similar equipment and improvements based upon changes in technology upon written submission to the Public Works Director of said planned routine maintenance, repair, or replacement, and after receiving the written approval of the Public Works Director. The written approval of 11 Packet Pg. 228 7.13.a the Public Works Director shall become an exhibit to this Lease and shall constitute City approval, said exhibit being incorporated by reference as fully as if herein set forth. If the parties disagree about whether a proposed replacement of equipment is with substantially similar equipment and improvements, the decision of the Public Works Director shall control. Nothing in this paragraph relieves Tenant from complying with all applicable L d provisions of City Code. c V N Section 18 Signs Z All signs or symbols placed on the Site by Tenant shall be subject to prior approval M c of the City and compliance with City code. If Tenant shall place signs or symbols on the ° �L Site where they are visible from the street and not acceptable to City, City may demand the 0 immediate removal of such signs or symbols, and any refusal of Tenant to comply with such demand within a period of 24 hours will constitute a breach of this Lease, thereby entitling the City to exercise any available legal remedy and to remove the sign or symbol Any signs placed upon the Site shall be so placed upon the understanding and agreement that Tenant will remove the same at the termination of this Lease and repair any resulting damage or injury. If such signs are not so removed upon termination, then City may have the same removed at Tenant's expense. Section 19 Compliance with All Applicable Laws Tenant agrees to comply with all laws, ordinances, rules and regulations of the public authorities with jurisdiction in performing any and all work upon the Site. Tenant further agrees to save and hold the City harmless from damage, loss, or expense arising out of said work and to remove all liens or encumbrances arising as a result of said work. 12 Packet Pg. 229 7.13.a Section 20 Cancellation This Lease is contingent upon Tenant's obtaining all required permits and licenses, from the City and any other governmental entity, to locate Tenant's Telecommunications Equipment on the Site. If Tenant is unable to obtain or maintain such permits and licenses, then Tenant may cancel this Lease upon thirty (30) days prior written notice to the City. If i2 L d Tenant shall cancel pursuant to this Section, Tenant shall be entitled to a refund of pre -paid c rent, prorated on a monthly basis; PROVIDED THAT no termination under this Section Z a� shall be effective and no refund shall accrue until that date that is both (i) after thirty (30) M days' notice to City and (ii) after all Telecommunications Equipment is removed in N �L accordance with the terms of this Lease. If the Telecommunications Equipment is not a, removed and the Site restored within ninety (90) days after notice is given to City of intent to terminate under this Section, then no refund shall issue. If Tenant determines that the Site becomes unacceptable for operation of its Telecommunications Equipment, then Tenant may cancel this Lease upon one hundred eighty (180) days prior written notice to the City. If Tenant shall cancel pursuant to this Section, Tenant shall be entitled to a refund of pre -paid rent, prorated on a monthly basis; PROVIDED THAT no cancellation under this Section shall be effective and no refund shall accrue until that date that is both (i) after one hundred eighty (180) days' notice to City and (ii) after all Telecommunications Equipment is removed in accordance with the terms of this Lease. If the Telecommunications Equipment is not removed and the Site restored within one hundred eighty (180) days after notice is given to City of intent to cancel under this Section, then no refund shall issue. 13 Packet Pg. 230 7.13.a Section 21 Interference The City has previously entered into leases with other tenants for their equipment and antennae facilities or plans to enter into such agreements in the future. Tenant acknowledges that the City is leasing the Site for the purposes of transmitting and receiving telecommunication signals from the Site. The City, however, is not in any way responsible i2 L d or liable for any interference with Tenant's use of the Site that may be caused by the use c V a) and operation of any other tenant's equipment, even if caused by new technology. Z Tenant shall not use the Site in any manner that interferes with the use of the Site M by the City or such other tenant(s) with rights in the Site prior in time to the Tenant's. ° �L Provided, however, that the City shall not permit subsequent tenants to use any portion of the Site in any manner which materially affects the use of the Site by prior tenants, including Tenant. Tenant agrees to eliminate any of its interference in violation of this paragraph immediately and at its own expense and without imposition of filters on anyone else's equipment; and said agreement by Tenant includes Tenant's agreement to eliminate radio or television interference caused to City facilities or surrounding residences by Tenant's Telecommunications Equipment at Tenant's own expense and without imposition of extra filters on City equipment. Tenant further agrees to accept such interference as may be received from City operated equipment. If any other tenant's activities interfere with Tenant's use of the Site and Tenant cannot resolve this interference with the other tenants, Tenant may, upon thirty (30) days' notice to City, terminate this Lease and restore the Site to its original condition. Should Tenant terminate this Lease pursuant to this Section, it shall be provided a refund of prepaid 14 Packet Pg. 231 7.13.a rent, prorated on a monthly basis; PROVIDED THAT no termination under this Section shall be effective and no refund shall accrue until that date that is both (i) after thirty (30) days' notice to City and (ii) after all Telecommunications Equipment is removed in accordance with the terms of this Lease. Provided also, that Tenant shall provide City with evidence of its good faith attempt to cooperate with all other users to identify the causes of i2 L d and work toward the resolution of any electronic or radio frequency interference problem. c If Tenant's Telecommunications Equipment is not removed and the Site restored within Z a� ninety (90) days after notice is given to City of intent to terminate under this Section, then M c 0 no refund shall issue. N L Section 22 Relocation of Telecommunications Equipment 0 Within thirty (30) days following written notice from the City, Tenant shall, at its own expense, temporarily remove, relocate, change, or alter the position of its Telecommunications Equipment upon the subject property whenever the Public Works Director shall have determined that such removal, relocation, change, or alteration is reasonably necessary for construction, repair, maintenance, or installation of any City or other improvement in or upon the subject property or for the operations of the City or other governmental entity in or upon the Site. If requested in writing by the Tenant, the City shall advise Tenant of all planned projects, then known to the City, which may require relocation of Tenant's Telecommunications Equipment upon the subject property. If a relocation requested pursuant of this Section materially impacts Tenant's operation or significantly affects Tenant's quality of service, Tenant shall have the option to terminate this Lease and receive a refund of prepaid rent, prorated on a monthly basis; PROVIDED THAT no 15 Packet Pg. 232 7.13.a termination under this Section shall be effective and no refund shall accrue until that date that is both (i) after thirty days' notice to City and (ii) after all of Tenant's Telecommunications Equipment is removed in accordance with the terms of this Lease. If the Telecommunications Equipment is not removed and the Site restored within ninety (90) days after notice is given to City of intent to terminate under this Section, then no refund i2 L d shall issue. c as Section 23 Insurance '- iL a� The Tenant shall procure and maintain for the duration of this Lease insurance M c against claims for injuries to persons or damages to property which may arise from or in ° �L connection with the exercise of the rights, privileges and authority granted hereunder to the a, Tenant or its employees. The Tenant shall provide to the City annually, for its inspection, an insurance certificate together with a blanket additional insured endorsement including the City, and its elected and appointed officers, officials, employees and volunteers as additional insureds as their interest may appear under this Lease prior to the commencement of any work or installation of any Telecommunications Equipment pursuant to this Lease Such insurance certificate shall evidence: 23.1. Commercial general liability insurance, written on an occurrence basis, with limits of $5,000,000 per occurrence for bodily injury (including death) and property damage and $5,000,000 general aggregate including premises -operations, explosion, collapse and underground hazards and products/completed operations: 23.2. Commercial Automobile liability covering all owned, non -owned and hired vehicles with a combined single limit of $3,000,000.00 each accident for bodily injury and property damage for each person and $3,000,000.00 for each accident; 16 Packet Pg. 233 7.13.a 23.3. Worker's compensation within Washington statutory limits and employer's liability insurance with limits of $1,000,000.00 each accident/disease/policy limit; Insurance shall be placed with insurers with a rating of A.M. Best & Company's Key rating Guide of A- Overall. The liability insurance policies required by this Section shall be maintained by the Tenant throughout the term of this Lease, and such other period of time during which the Tenant is operating without a Lease, or is engaged in the removal of its Telecommunications Equipment. Payment of deductibles and self -insured retentions shall be the sole responsibility of the Tenant. The commercial general liability insurance required by this Section shall contain a clause stating that the coverage shall apply separately to each insured against whom a claim is made or suit is brought. The Tenant's insurance shall be primary insurance with respect to the City, its elected and appointed officers, officials, employees and volunteers, and representatives. Any insurance maintained by the City, its elected and appointed officers, officials, employees and shall be in excess of the Tenant's insurance and shall not contribute with it. Tenant's maintenance of insurance shall not be construed to limit the liability of Tenant to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or equity. Tenant shall cause each and every of its contractors entering the Site to maintain insurance coverage that complies with all the coverage requirements set forth in this section, except that Tenant shall have sole responsibility for determining the limits of coverage required to be obtained by said contractors. Tenant shall ensure that the City is 17 Packet Pg. 234 7.13.a an additional insured on each and every contractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 26. Upon request by the City, Tenant shall furnish certified copies of all required insurance policies, including endorsements, required in this Lease and evidence of all contractors' coverage. In addition to the coverage requirements set forth in this section Tenant shall provide L d the City with thirty (30) days' prior written notice of any policy cancellation of any required c coverage and Tenant shall obtain and furnish to the City a replacement insurance certificate U. meeting the requirements of this Section prior to the expiration of the coverage in place. Failure on the part of Tenant or its contractors entering the Site to maintain the L insurance as required shall constitute a material breach of this Lease, upon which the City a? may, after giving five business days' notice to Tenant to correct the breach, terminate this Lease 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. Section 24 Indemnification and Waiver A. Tenant hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected and appointed officers, officials, employees, agents, consultants, volunteers, and representatives from any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness, or death of any person or damage to property: 1. For which the negligent acts or omissions of Tenant, its agents, servants, officers or employees in performing the activities authorized by this Lease are the proximate cause; 18 Packet Pg. 235 7.13.a 2. By virtue of the Tenant's exercise of the rights granted herein; 3. By virtue of the City permitting Tenant use of the Site, the right of way, or other public property; 4. Solely by virtue of the City's ownership or control of the Site, the right of way, or other public property; 5. Based on the City's inspection or lack of inspection of work performed by Tenant, its agents and servants, officers or employees in connection with work authorized at the Site, the right of way, or property over which the City has control pursuant to this Lease or pursuant to any other permit or approval issued in connection with this Lease; 6. Arising as a result of the negligent acts or omissions of Tenant, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work at the Site, in the right of way, or other public place, in performance of work or services permitted under this Lease; and 7. If Tenant's transmission technology or Telecommunications Equipment emits electromagnetic impulses (EMF) or radio frequency emissions, the Tenant expressly agrees that this indemnity provision extends to any and all claims for injury, sickness, or death of any person, including employees of the Tenant, arising out of or caused by said emissions. B. The provisions of Subsection A of this Section shall apply to claims by Tenant's own employees and the employees of the Tenant's agents, representatives, contractors, and subcontractors to which Tenant might otherwise be immune under Title 51 RCW. It is expressly agreed and understood that this assumption of potential liability for actions brought against the City by the aforementioned employees is with respect to claims against the City arising by virtue of Tenant's exercise of its rights. To the extent required to provide this indemnification, Tenant waives its immunity under Title 51 RCW 19 Packet Pg. 236 7.13.a as provided in RCW 4.24.115. This waiver of immunity under Title 51 RCW has been mutually negotiated by the parties hereto, and Tenant acknowledges that the City would not enter into this Lease without Tenant's waiver thereof. C. Inspection or acceptance by the City of any work performed by the Tenant L d at the time of completion of construction shall not be grounds for avoidance of any of these c V a) covenants of indemnification. Provided that Tenant has been given prompt written notice Z a� by the City of any such claim, said indemnification obligations shall extend to claims which M are not reduced to a suit and any claims which may be compromised prior to the N a� culmination of any litigation or the institution of any litigation. Tenant shall control the 0 defense of any claim under which it is providing indemnification, and the City has the right to participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim.. D. If Tenant refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this Section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to the matter), to have been a wrongful refusal on the part of the Tenant, then Tenant shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees, reasonable attorney's fees, the reasonable costs of the City, and reasonable fees of recovering under this Subsection. 20 Packet Pg. 237 7.13.a E. The obligations of Tenant under the indemnification provisions of this Section shall apply regardless of whether liability for damages arising out of bodily injury to persons or damages to property were caused or contributed to by the City, its officers, agents, employees or contractors except to the extent that such claims, actions, damages, costs, expenses, and attorney's fees were caused by the sole negligence or any willful, i2 L d malicious, or criminal act on the part of the City, its officers, agents, employees or c V a) contractors. In the event that a court of competent jurisdiction determines that this Lease U. is subject to the provisions RCW 4.24.115, the parties agree that the indemnity provisions M c hereunder shall be deemed amended to conform to said statute and liability shall be N a� allocated as provided therein. 0 F. Notwithstanding any other provisions of this Section, Tenant assumes the risk of damage to its Telecommunications Equipment and any other of its property located at the Site, in the right of way, and upon any City -owned property occurring as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the right of way by or on behalf of the City, regardless of whether such activities are conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful, malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost 21 Packet Pg. 238 7.13.a revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform. Tenant releases and waives any and all such claims against the City, its officers, agents, employees or contractors. Tenant further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users i2 L d of Tenant's Telecommunications Equipment as the result of any interruption of service due c V a) to damage or destruction of Tenant's Telecommunications Equipment caused by or arising Z a� out of activities conducted by the City, its officers, agents, employees or contractors, except M c to the extent any such damage or destruction is caused by or arises from the sole negligence ° �L or any willful or malicious actions on the part of the City, its officers, agents, employees a, or contractors. G. These indemnification requirements shall survive the expiration, revocation, or termination of this Lease or any other permits or approvals related thereto Section 25 Covenant Not to Bring Suit The fees and other in -kind compensation, if any, provided for in this Lease have been as a result of negotiations between the parties. Tenant acknowledges and covenants not to bring suit with respect to the amount of said fees or in -kind compensation seeking to recover all or any portion of the same, and hereby waives any and all such claims as against the City and its elected or appointed officials and releases the City and its elected 22 Packet Pg. 239 7.13.a or appointed officials from any and all claims related to the payment of fees and/or in -kind services, as provided for under this Lease. Section 26 Restoration Bond Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Lease, Tenant shall furnish a i2 L d performance bond written by a corporate surety acceptable to the City equal to at least c as 120% of the estimated cost of removing the Tenant's Telecommunications Equipment and Z restoring the Site to its pre -construction condition. Said bond shall be required to remain M in full force and effect throughout the term of this Lease and until said removal and ° �L restoration activities are completed to the satisfaction of the City. The bond shall warrant a, all restoration work for a period of two (2) years. The purpose of this bond is to guarantee removal of partially completed and/or non -conforming Telecommunications Equipment and to fully return the Site to its pre -construction condition. Section 27 Holdover If Tenant shall, with the written consent of the City, holdover after the expiration of the term of this Lease, the holdover tenancy shall be for a period of time on a month to month basis, which tenancy may be terminated by the provision of thirty (30) days advance written notice by the party seeking termination of the tenancy to the other party. During such tenancy, Tenant agrees to pay to the City as Rent the then current annual sum, prorated on a monthly basis, and further agrees to be bound by all of the terms, covenants, agreements and conditions as herein specified, so far as applicable. Section 28 Revocation. Forfeiture. and Termination 23 Packet Pg. 240 7.13.a If the Tenant willfully violates or fails to comply with any of the material provisions of this Lease, or through willful misconduct or gross negligence fails to heed or comply within twenty (20) days with any notice given by City to Tenant under the notice provisions of this Lease, then Tenant shall at the election of the Edmonds City Council, forfeit all rights conferred hereunder and this Lease may be revoked, terminated or annulled by the i2 L d Council after a hearing held upon reasonable notice to the Tenant. The Council may decide, c V N after consideration of the reasons for the Tenant's failure to comply with this Lease, to Z allow the Tenant additional time to cure before such termination or revocation. The City M may elect, in lieu of the above and without prejudice to any of its other legal rights and ° �L remedies, to obtain an order from the superior court having jurisdiction compelling the 0 Tenant to comply with the provisions of this Lease and to recover damages and costs incurred by the City by reason of the Tenant's failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force the Tenant and/or its successors and assigns to comply with the terms hereof. The pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for a breach of the conditions herein. Section 29 Survival No termination, default, or cancellation of this Lease shall release Tenant from any liability or obligation with respect to any matter occurring prior to such termination, default or cancellation, nor shall termination, default or cancellation release Tenant from its obligation and liability to remove its Telecommunications Equipment and restore the Site. The provisions, conditions, and requirements of Section 7 Installation and Removal; 24 Packet Pg. 241 7.13.a Section 10 Dangerous Conditions, Authority for City to Abate; Section 23, Insurance; Section 24, Indemnification and Waiver; ; Section 25 Covenant Not to Bring Suit; Section 30 Hazardous Substances; Section 38 Restoration of City Property; shall survive the expiration or termination of this Lease, and any renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this Lease shall further be binding upon the heirs, successors, executors, administrators, legal L d c representatives and assigns of the Tenant and all privileges, as well as all obligations and U. liabilities of the Tenant shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever the Tenant is named herein. N L Section 30 Hazardous Substances d Tenant agrees it will not use, generate, store, or dispose of any Hazardous Substance on, under, or near the Site, nor shall Tenant allow any of its agents, contractors, or any person under its control to do the same. Tenant agrees it and its agents, contractors, and any person under its control will comply with all federal, state, and local laws and regulations concerning waste or disposal. Tenant will be solely responsible for and will defend, indemnify, and hold the City, its officers, officials, employees, and agents harmless from and against any and all claims, costs and liabilities, including reasonable attorneys' fees and costs, arising from any breach of this section. This indemnification is in addition to and cumulative of all other indemnities provided for in this Lease. Hazardous Substance means any substance which is: (i)designated, defined, classified, or regulated as a hazardous substance, hazardous material, hazardous waste, pollutant, or contaminant under any environmental law(s) currently in effect and hereafter 25 Packet Pg. 242 7.13.a amended or enacted; (ii) a petroleum hydrocarbon, including crude oil and all petroleum products; (iii) polychlorinated biphenyls (PCBs); (iv) lead; (v) asbestos; (vi) flammable explosives; (vii) infectious materials; or (viii) radioactive materials. Section 31 Fire and Other Casualty If the Telecommunications Equipment is destroyed or damaged by fire, earthquake or other casualty to such an extent as to render the same untenable by Tenant in whole or in a substantial part, then Tenant shall have the option to terminate this Lease immediately without further liability or obligation to the City, except for those liabilities and obligations that survive expiration or termination of this Lease as provided in this Lease. Section 32 Condemnation In the event of the taking of the Site by condemnation or otherwise by any governmental, state or local authority, this Lease shall be deemed cancelled as of the time of taking possession by said authority and Tenant shall be entitled to a pro rata refund of all prepaid rent. Tenant shall have no claim to nor shall it be entitled to any portion of any condemnation or other award for damages to the Site. Section 33 Modification, Waiver No waiver, alteration or modification of any of the provisions of this Lease shall be binding unless in writing and signed by duly authorized representatives of the parties. Section 34 Assignment _ The rights granted under this Lease may not be assigned subleased or transferred without the written approval of the City, except that the Tenant may freely assign this Lease 26 Packet Pg. 243 7.13.a in whole or in part to a parent, subsidiary, or affiliated corporation, or as part of any corporate financing, reorganization or refinancing. Tenant shall provide prompt, written notice to the City of intent to assign. Section 35 Non -Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and i2 L d agreements of this Lease, or to exercise any option herein conferred in anyone or more c instances, shall not be construed to be a waiver or relinquishment of any such covenant, Z agreement or option, or any other covenant, agreement or option. M c Section 36 Notice ° N �L All notices, requests, demands, and communications hereunder will be given by first a, class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused, or returned undelivered. Notices will be sent to the parties as follows: If to CITY: City of Edmonds Attn: Public Works Director 121 5th Avenue North Edmonds, Washington 98020 With a copy to: City of Edmonds Attn: Office of the City Attorney 121 5th Avenue North Edmonds, Washington 98020 If to TENANT: 27 Packet Pg. 244 7.13.a Seattle SMSA Limited Partnership d/a/b Verizon Wireless 180 Washington Valley Road Bedminster NJ 07921 Attn: Network Real Estate The copy sent to each party's legal department is a courtesy copy which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. Section 37 Attorney's Fees If a suit or other action is instituted in connection with any controversy arising out of this Lease, except as otherwise provided in this Lease, each party shall be responsible for its own attorneys' fees and costs. Section 38 Restoration of City Property The Tenant shall, after installation, construction, relocation, maintenance, removal, or repair of its Telecommunications Equipment, restore any City owned property that may be disturbed by the work to at least the same condition the City owned property was in immediately prior to any such installation, construction, relocation, maintenance, removal, or repair. The Public Works Director shall have final approval of the condition of such property after restoration. All survey monuments which are to be disturbed or displaced by such work shall be referenced and restored, as per WAC 332-120, as the same now exists or may hereafter be amended, and all pertinent federal, state and local standards and specifications. If the Site is located on or encompasses unopened street right-of-way, this Lease incorporates the provisions of Chapter 35.99 RCW and shall be interpreted in the event of conflict or ambiguity, to incorporate its terms. All work by the Tenant pursuant to 28 Packet Pg. 245 7.13.a this Section shall be performed in accordance with City of Edmonds' standards and warranted for a period of two (2) years. The provisions of this Section shall survive the expiration, revocation, or termination by other means of this Lease. Section 39 Non-Severab Each term and condition of this Lease is an integral part of the consideration given i2 L d by each party and as such, the terms and conditions of this Lease are not severable. If any c section, sentence, clause or phrase of this Lease should be held to be invalid or Z unconstitutional by a court of competent jurisdiction, this Lease shall terminate unless the M c parties can agree to suitable replacement terms. N �L Section 40 Merger 0 This Lease constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this Lease. Section 41 Effective Date The Effective Date is the date last written below. Section 42 Exhibits The Exhibits attached to this Lease are incorporated by reference herein and made a part of this Lease for all purposes. The Exhibits are: Exhibit A: The Site. A legal description of the Site which is the real property located at 8505 Bowdoin Way, Edmonds, Washington, commonly known as the Five Corners Water Tank Site, and an overview description and diagram of the Site which 29 Packet Pg. 246 7.13.a shall include the tower and the fifty-seven (57) square foot area of ground space available to Tenant. Exhibit B: The ground space. The detail, by way of description and diagram, of the fifty-seven (57) square foot area of fenced ground space and the placement of the Telecommunications Equipment therein. [Execution Pages Follow] 30 Packet Pg. 247 7.13.a IN WITNESS WHEREOF, the parties have caused this Lease to be effective as of the last date written below. CITY OF EDMONDS 0 Mayor Mike Nelson Date: STATE OF )SS. COUNTY OF ) I certify that I know or have satisfactory evidence that Mike Nelson is the person who appeared before me, and said person acknowledged that said person signed this Ground Lease, on oath stated that said person was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF EDMONDS, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal ATTEST/AUTHENTICATED: Scott Passey, City Clerk (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: 31 APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY: Jeff Taraday Packet Pg. 248 7.13.a TENANT Seattle SMSA Limited Partnership d/b/a Verizon Wireless By: Cellco Partnership, its general partner By: Print Name: Its: Date: STATE OF _ COUNTY OF )SS. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that said person signed this Ground Lease, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of Cellco Partnership, the general partner of Seattle SMSA Limited Partnership d/b/a Verizon Wireless, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: Notary Seal (Signature of Notary) (Legibly Print or Stamp Name of Notary) Notary Public in and for the State of My appointment expires: 32 i2 L d `0 c.� a� U. m 0 aD c 0 N �L Packet Pg. 249 7.13.a Exhibit A (the Site) 33 u_ a) N O c O N �L N R J C O N �L N L L O U J Q Z LL LO N T 0 r N C a) E t V R a+ a+ Q Packet Pg. 250 7.13.a Exhibit B 34 u_ a) N O c O N �L N R J C O N �L N L L O U J Q Z LL LO N T 0 r N C a) E t V R a+ a+ Q Packet Pg. 251 7.13. b ALL THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 27 NORTH, RANGE 4 EAST OF THE WILLAMTTE MERIDIAN, SNOHOMISH COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF 212TH STREET S.W. AND 82ND PLACE W. AS SHOWN ON THE MAP FOR MADRONA COVE, RECORDED IN AFN 200403115004, RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF SAID 212TH STREET S.W., NORTH 880 51, 24" WEST, 487.88 FEET TO THE INTERSECTION OF SAID 212TH STREET S.W. AND 84TH AVENUE W. AND BOWDOIN WAY PER SAID MAP; THENCE ALONG THE CENTERLINE OF SAID BOWDOIN WAY, SOUTH 640 57' 45" WEST, 507.76 FEET; THENCE DEPARTING SAID CENTERLINE, NORTH 250 02' 15" WEST, 220.75 FEET TO THE POINT OF BEGINNING; THENCE NORTH 870 37' 58" WEST, 6.00 FEET; THENCE NORTH 020 22' 02" EAST, 9.50 FEET; THENCE SOUTH 870 37' 58" EAST, 6.00 FEET; THENCE SOUTH 020 22' 02" WEST, 9.50 FEET TO THE POINT OF BEGINNING. CONTAINING 57 SQUARE FEET, MORE OR LESS. 01 r a Packet Pg. 252 NOTE: THIS IS NOT A SURVEY. ALL INFORMATION AND TRUE NORTH HAVE BEEN OBTAINED FROM EXISTING DRAWINGS AND JURISDICTIONAL GIS INFORMATION AND ARE APPROXIMATE. TAX PARCEL: 00373600501704 TAX PARCEL: 00373600501705 TAX PARCEL: 00373600501708 TAX PARCEL: 00373600501707 24"x36" SCALE: 1" = 20'-0" 11"x17" SCALE: 1" = 40'-0" 20 10 0 20' (n C Z7 F- Z EXISTING EXISTING BLDG BLDG 7 EXISTING FENCED COMPOUND PROPOSED VERIZON WIRELESS EQUIPMENT LEASE AREA (6'-0"x9'-I PI EXISTING 109'-3" MONOPOLE ----I EXISTING BLDG ❑❑E; EXISTING BLDG TAX PARCEL: R.O.W. TAX PARCEL: 01041900000100 TO 01041900000700 TAX PARCEL: /EXISTING I I EXISTING 003736-005-018— 22 \ BLDG BLDG DO NOT SCALE DRAWINGS. CONTRACr 7.13.c DIMENSIONS AND ADVISE CONSULTAN OMISSIONS. NO VARIATIONS OR MODIFI SHOWN SHALL BE IMPLEMENTED WITHOUT PRIOR WRITTEN APPROVAL ALL PREVIOUS ISSUES OF THIS DRAWING ARE SUPERSEDED BY THE LATEST REVISION. ALL DRAWINGS AND SPECIFICATIONS REMAIN THE PROPERTY OF MORRISON HERSHFlELD CORPORATION. NEITHER MORRISON HERSHF NOR THE ARCHITECT WILL BE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT. CONSTRUCTION L 4) 0 01/27/20 ISSUED FOR SUBMITTAL 1- A 01/13/20 ISSUED FOR REVIEW UC Jo. Date Revision 4) lient: LL verizonv cc N "L d nplementation Team: a a CROWN m CASTLE t 1505 WESTLAKE AVE N. SUITE 800 x LU SEATTLE, WA 98109 4) AE Team: E MORRISON HERSHFIELI r 600 STEWART ST, SUITE 200 SEATTLE, WA 98101 Tel: 206.268.7370 W vw.morrisonhershfield.com 'roiect Info: BUJ# 524070 FIVE CORNERS -FIRE STATIC 8505 BOWDOIN WAY EDMONDS, WA 98026 rawino Title: SITE PLAN Project Number: Start Date: 200044600 01/01/20 O0 Drafter: Designer: JA JA Project Manager: Professional of Rec< RKL IKnow what's below. Revision No: Sheet No: Call before you dig. O SITE PLAN 11 Packet Pg. 253 STUMPS ARE TO BE GRADED DOWN TO MAXIMIZE USABLE SURFACE AREA FOR THE WATER DEPT EXISTING TREE STUMPS TO BE REMOVED AND GRINDED DOWN F X - X - X Ix L ` EXISTING GATE (WATER DEPT ACCESS) X�X� I i t EXISTING FENCE SECTIONED ❑ ❑ TO BE REMO "1VI \ l� % ❑ EXISTING WIRELESS \ FACILITY [EXISTING TREE STUMP �- TO BE REMOVED AND \ GRINDED DOWN EXISTING _.......... ... .... L NOTE" TOWER APPURTENANCES NOT SHOWN IN PLAN VIEW FOR CLARITY; SEE ELEVATIONS 24"x36" SCALE: 3/16" = 1'-0" 11"x17" SCALE: 3/32" = 1'-0" 4' 2' 0' 4 , I X XXXX X X— EXISTING CHAIN LINK FENCE (TYR) ❑ --EXISTING GATE (TYR) jx X❑ EXISTING FENCE SECTION TO BE REMOVED 6• `O+ x \\ 3`O. + + + + + + + ++ \ O �� EXISTING TELCO BOX ON POST + ++ + + (TYP OF 2) EXISTING + + WIRELESS FACILITY C[J EXISTING BOLLARD ++ +' (TYP OF 3) + + LJ ING + + )LE O EXISTING ICE BRIDGE (TYP) F X - X - X L x EXISTING GATE PROPOSED VERIZON WIRELESS (WATER DEPT ACCESS) EQUIPMENT LEASE AREA 6 —0" (6'-0"x9'-6") FENCE X X�-X� x ❑ w 10 z m � El 1:1 X ❑ X EXISTING WIRELESS FACILITY PROPOSED CHAIN LINK FENCE �- (BY VERIZON WIRELESS); X XXXX — MATCH EXISTING FENCE �\ r—r I I L. L-J ENLARGED PLAN (EXISTING)1 2 11"x17" SCALE: 3/32" _ ; EXISTING CHAIN LINK FENCE (TYR) EXISTING GATE (TYR) jx 1 ❑ PROPOSED 6' WIDE CHAIN LINK DOUBLE GATE (BY VERIZON WIRELESS); MATCH 6• EXISTING FENCE HEIGHT `O+ x + + \ V4?—(TYP EXISTING TELCO BOX ON POST + EXISTING OF 2 )+ J-H + WIRELESS +' FACILITY (AT&T) OL] EXISTING BOLLARD (TYP OF 3) + N GG 0 E X ISTING ❑� BRIDGE (TYR) ENLARGED PLAN (PROPOSED) 1 1 DO NOT SCALE DRAWINGS. CONTRACT 7.13.c DIMENSIONS AND ADVISE CONSULTANT OMISSIONS. NO VARIATIONS OR MODIFI SHOWN SHALL BE IMPLEMENTED WITHOUT PRI1 1—OR WRIITEN APPROVAL ALL PREVIOUS ISSUES OF THIS DRAWING ARE SUPERSEDED BY THE LATEST REVISION. ALL DRAWINGS AND SPECIFICATIONS REMAIN THE PROPERTY OF MORRISON HERSHFIELD CORPORATION. NEITHER MORRISON HERSHF NOR THE ARCHITECT WILL BE PROVIDING CONSTRUCTION REVIEW OF THIS PROJECT. I CONSTRUCTION L 4) 0 01/27/20 ISSUED FOR SUBMITTAL i A 01/13/20 ISSUED FOR REVIEW V 40. Date Revision 4) lient: ILL verizonv cc N .I- 4) nplementation Team: �a a CROWN m � CASTLE � 1505 WESTLAKE AVE N. SUITE 800 x ILL! SEATTLE, WA 98109 r_ 4) AE Team: �I� t V MORRISON HERSHFIELI r 600 STEWART ST, SUITE 200 SEATTLE, WA 98101 Tel: 206.268.7370 www. morrison h ershfield.com BUJ# 524070 FIVE CORNERS -FIRE STATIC 8505 BOWDOIN WAY EDMONDS, WA 98026 Drawing Title: ENLARGED PLAN Start Date: Project Number: 200044600 01/01/20 Drafter: Designer: JA JA Project Manager: Professional of Rec< RKL RL Revision No: Sheet No: O Packet Pg. 254 7.14 City Council Agenda Item Meeting Date: 05/18/2021 March 2021 Quarterly Financial Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation No action needed; informational only. Narrative March 2021 Quarterly Financial Report Attachments: Complete March 2021 Quarterly Financial Report Pres to Finance Committee May 11 Jan -March 2021 P&L Packet Pg. 255 7.14.a INSIDE THIS ISSUE: Revenues By Fund Summary Expenditures By Fund Summary General Fund Revenues Expenditures By Fund Detail Gen. Fund Depart- ment Expenditures Investment Portfolio Fund Balance Overview Below: Through May 9, 45% of Snohomish Coun- ty residents had been vaccinated, but a "fourth wave" of infec- tion had Summary of Operating Funds: Revenues This report is a summary of the City's preliminary 2 operating results for the quarter ended March 31,2021. Revenue High- lights: 3 As the corona - virus pandemic continues, more 6 and more people are getting vac- cinated, and gov- 12 ernment-provided stimulus plans have contributed 32 to a significant 34 economic recov- ery nationwide. Our regional economy, including our City, continues to exceed expecta- tions. First quarter General Fund revenues of $7.1 million are less than 1% be- hind budget. The majority of this re- duction is from differences in the timing of when certain tax collections will be recorded. Above: The City of Edmonds is in line to receive $9.3 million in ARPA funds over the next 3-4 years, which the City can use to provide additional help to local individ- uals, businesses, and other organizations. Revenues by Category: General Fund revenues for Q 1 2021 are higher than 2020 in the category of Inter- 2 begun nonethe- Collections of Retail Sales Taxes governmental Revenues, mostly from a U less. have remained strong. large grant reimbursement received this; r Year-to-date Sales year. General Fund revenues are lower S n o h o m i s h County Tax revenues are than last year at this time in the categories s COVID-19 Case Rates ahead of Q1 budget of Taxes; Licenses and Permits; Charges 5 - by 11.4%, and ahead for Goods and Services; Fines and Penal- Q - of last year's actual ties; and Other Miscellaneous revenues. 1- collections by 7.4%. d : Q 1 collections of A more detailed breakdown of infor- - $2.35 million are mation for City revenues can be found be- - $163,000 more than ginning on page 3. Q1 2020 (page 3). More Information can be found at www.snohd.org/casacounts. Preliminary Financial Management Report as of March 3 Packet Pg. 256 7.14.a Top: The introduction of "streateries" has provided a boost to restaurants, the sec- tor hardest hit eco- nomically by the Pandemic in Ed- monds. Streateries allowed restaurants to expand their seat- ing capacity out of doors in compliance with state guide- lines, and continued through the winter months. has been named Ed- monds' new interim Police Chief. She says she looks for- ward to leading the department in what she says is "a great job, with great peo- ple, in a great com- munity." Welcome Interim Chief Bennett! Summary of Operating Funds: Expenditures General Fund expenditures for the quarter are $11.0 million, or 0.9% under the budgeted amount, and 2.1 % more last year. IGeneral Fund expenses by sub -fund and line item categories are on page 6 and expenses by department are on pages 13-16. Every department in the General Fund is reasonably where expected after three months, and the General Fund as a whole has spent 24% of its annual budget. This same information can be found in graphical form on pages 23-31. Special Revenue Funds during the year have spent only 10% of their an- nual expense budget. This was ex- pected, as the majority of the under - spending comes from REET funds, which at 25% of the way through the year have spent only 5% of their an- nual budget. Significant capital pro- ject spending out of the REET funds is scheduled to begin during the Spring and Summer months. Addi- tional Special Revenue Fund expendi- ture information can be found on pag- es 6-8. IThe total fund balance for the General I I . _ I i 0 c� - c . - ii I � a� of the annual expenditure budget for those C3 funds, representing a decline of 2.4% N compared to March 31, 2020. I N Other City Highlights The Government Finance Officers Associ- ation notified the City that we had earned I o the "Certificate of Achievement for 0 Excellence in Financial Reporting" for the City's 2019 Comprehensive Annu- al Financial Report, the seventh consecu- tive year we have earned this prestigious U_ award. CD cY inururr OAF �y�N L I � 0 Fund and Sub -funds at March 31 is $13.6 million, or approximately 29% Preliminary Financial Management Report as of March 3 Packet Pg. 257 I 7.14.a I Page 1 of 1 C ITY OF EDMO NDS REVENUES BY FUND - SUMMARY Fund 2021 Adopted 3/31/2020 3/31/2021 Amount No. Title Budget Revenues Revenues Remaining %Receive 001 GENERAL FUND $ 42,450,777 $ 7,100,593 $ 7,050,949 $ 35,399,828 17 009 LEOFF-MEDICAL INS. RESERVE 300,000 - - 300,000 0 012 CONTINGENCY RESERVE FUND 2,620 - 2,620 0 014 HISTORIC PRESERVATION GIFT FUND 5,010 - - 5,010 0 p 0. 104 DRUG ENFORCEMENT FUND 165,370 63,172 551 164,819 0 � Ill STREET FUND 1,722,360 395,572 334,430 1,387,930 19 io 112 COMBINED STREET CONS'T/IMPROVE 3,068,385 1,149,505 537,842 2,530,543 .5 18 a 117 MUNICIPAL ARTS ACQUIS. FUND 165,060 12,682 7,521 157,539 5 LL 118 MEMORIAL STREET TREE 270 143 150 120 55 L 120 HOTEL/MOTEL TAX REVENUE FUND 71,460 20,029 10,579 60,881 15 co 121 EMPLOYEE PARKING PERMIT FUND 25,240 9,684 8,137 17,103 32 Cr 122 YOUTH SCHOLARSHIP FUND 1,390 97 102 1,288 7 N 123 TOURISM PROMOTIONAL FUND/ARTS 24,000 6,572 3,949 20,051 16 0 N t 125 REAL ESTATE EXCISE TAX 2 1,282,050 362,212 630,895 651,155 49 L cv 126 REAL ESTATE EXCISE TAX 1 1,285,240 360,885 628,639 656,601 49 2 127 GIFTS CATALOG FUND 103,930 24,328 35,216 68,714 34 r O 130 CEMETERY MAINTENANCE/IMPROVEMT 179,800 21,874 45,191 134,609 25 Q- N 136 PARKS TRUST FUND 2,200 1,179 1,235 965 56 cc 137 CEMETERY MAINTENANCE TRUST FD 29,220 9,853 12,939 16,281 44 138 SISTER CITY COMMISSION 10,120 73 77 10,043 1 140 BUSINESS IMPROVEMENT DISTRICT 79,239 34,001 36,305 42,934 46 L+ 141 AFFORDABLE AND SUPPORTIVE HOUSINGFUND 65,000 18,671 20,307 44,693 31 L � 231 2012 LT GO DEBT SERVICE FUND 759,710 - - 759,710 0 Cy 332 PARKS CAPITAL CONSTRUCTION FUND 1,392,520 520,616 239,273 1,153,247 17 411 COMBINED UTILITY OPERATION - 29,880 250 (250) 0 N N 421 WATER UTILITY FUND 10,299,357 2,402,476 2,508,558 7,790,799 24 v 422 STORM UTILITY FUND 1 6,265,225 1,893,444 2,272,486 3,992,739 36 423 SEWER/WWTP UTILITY FUND 2 31,130,450 3,529,635 5,539,148 25,591,302 18 +; m 424 BOND RESERVE FUND 1,985,870 4 3 1,985,867 0 Q. O 511 EQUIPMENT RENTAL FUND 1,331,100 441,253 355,678 975,422 27 V 512 TECHNOLOGY RENTAL FUND 1,204,880 300,894 305,397 899,483 25; c 617 FIREMEN'S PENSION FUND 67,270 998 - 67,270 0 d E $ 105,475,123 $ 18,710,325 $ 20,585,807 $ 84,889,316 20 v 1 Difference primarily due to a Grant reimbursement in January 2021. 2 Differences primarily due to WWTP billings to their partners in January 2021. 1 Packet Pg. 258 1 I 7.14.a I Page 1 of 1 CITY OF EDMO NDS EXPENDITURES BY FUND - SUMMARY Fund 2021 Adopted 3/31/2020 3/31/2021 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 45,790,318 $ 10,796,906 $ 11,022,804 $ 34,767,514 24 009 LEOFF-MEDICAL INS. RESERVE 467,140 89,369 104,456 362,684 22 014 HISTORIC PRESERVATION GIFT FUND 5,900 - 5,900 C 016 BUILDING MAINTENANCE FUND 210,222 - 210,222 C 018 EDMONDS HOMELESSNESS RESPONSE FUND 123,581 - 123,581 C G sZ 019 EDMONDS OPIOID RESPONSE FUND 28,445 - 28,445 C 104 DRUG ENFORCEMENT FUND 45,800 - - 45,800 C III STREET FUND 2,172,530 635,303 600,399 1,572,131 28 112 COMBINED STREET CONST/IMPROVE 2,818,297 60,786 65,351 2,752,946 2 LL 117 MUNICIPAL ARTS ACQUIS. FUND 236,880 9,931 9,336 227,544 4 >+ L 120 HOTEL/MOTEL TAX REVENUE FUND 87,150 6,098 10,144 77,006 12 121 EMPLOYEE PARKING PERMIT FUND 26,880 - 26,880 C 7 Cy 122 YOUTH SCHOLARSHIP FUND 3,000 623 3,000 C , 123 TOURISM PROMOTIONAL FUND/ARTS 29,900 508 29,900 N C N 125 REAL ESTATE EXCISE TAX 2 1,476,298 303,613 26,799 1,449,499 2 v 126 REAL ESTATE EXCISE TAX 1 2,053,911 420,336 149,742 1,904,169 L 7 to 127 GIFTS CATALOG FUND 100,900 5,293 8,980 91,920 S �' 130 CEMETERY MAINTENANCE/IMPROVEMT 200,998 38,354 45,001 155,997 22 p sZ 136 PARKS TRUST FUND 50,000 - 50,000 C 137 CEMETERY MAINTENANCE TRUST FUND 25,000 - 25,000 C 138 SISTER CITY COMMISSION 11,900 11 11,900 C v C ca 140 BUSINESS IMPROVEMENT DISTRICT 76,340 17,185 8,828 67,512 12 LL 231 2012 LT GO DEBT SERVICE FUND 759,700 - 759,700 C >, 332 PARKS CAPITAL CONSTRUCTION FUND 5,552,490 303,313 67,492 5,484,998 L 1 a) 421 WATER UTILITY FUND 10,714,650 1,398,283 1,134,754 9,579,896 11 7 422 STORM UTILITY FUND 7,254,090 1,915,942 877,509 6,376,581 12 Cy 423 SEWER/WWTP UTILITY FUND 40,423,884 2,640,801 2,127,934 38,295,950 r 5 p N 424 BOND RESERVE FUND 1,985,870 - 1,985,870 C t U 511 EQUIPMENT RENTAL FUND 1,345,954 283,978 279,099 1,066,855 21 512 TECHNOLOGY RENTAL FUND 1,251,409 352,886 350,229 901,180 28 617 FIREMEN'S PENSION FUND 96,167 24,014 25,838 70,329 27 d CL $ 125,425,604 $ 19,303,532 $ 16,914,695 $108,510,909 13 E n 2 Packet Pg. 259 I 7.14.a I Page 1 of 3 Title TAXES: 1 REAL PERSONAL / PROPERTY TAX 2 EMS PROPERTY TAX 3 VOTED PROPERTY TAX 4 LOCAL RETAIL SALESIUSE TAX 3 5 NATURAL GAS USE TAX 6 1/10 SALES TAX LOCAL CRIM JUST 7 ELECTRIC UTILITY TAX 8 GAS UTILITY TAX 9 SOLID WASTE UTILITY TAX 10 WATERUTILITY TAX 11 SEWERUTILITYTAX 12 STORMWATER UTILITY TAX 13 T.V. CABLE UTILITY TAX 14 TELEPHONE UTILITY TAX 15 PULLTABS TAX 16 AMUSEMENT GAMES 17 LEASEHOLD EXCISE TAX LICENSES AND PERMITS: 18 FIRE PERMITS -SPECIAL USE 19 POLICE - FINGERPRINTING 20 VENDING MACHINE/CONCESSION 21 FRANCHISE AGREEMENT -COMCAST 22 FRANCHISE FEE-EDUCATION/GOVERNMENT 23 FRANCHISE AGREEMENT-VERIZON/FRONTIER 24 OLYMPIC VIEW WATER DISTRICT FRANCHISE 25 GENERAL BUSINESS LICENSE 26 DEV SERV PERMIT SURCHARGE 27 RIGHT OF WAY FRANCHISE FEE 28 BUILDING STRUCTURE PERMITS 29 ANIMAL LICENSES 30 STREET AND CURB PERMIT 31 OTRNON-BUS LIC/PERMITS INTERGOVERNMENTAL: 32 DOCKSIDE DRILLS GRANT REIMBURSE 33 DOJ 15-0404-0-1-754 - BULLET PROOF VEST 34 TARGET ZERO TEAMS GRANT 35 HIGH VISIBILITY ENFORCEMENT 36 CORONAVIRUS RELIEF FUND 2 37 DOC FAC ROOFING 38 STATE GRANTS- BUDGET ONLY 39 PUD PRIVILEDGE TAX 40 ARCHIVES AND RECORDS MANAGEMENT 41 SCHOOL ZONE 42 CJ - POPULATION 43 TRIAL COURT IMPROVEMENT 44 CRIMINAL JUSTICE -SPECIAL PROGRAMS 45 MARIJUANA EXCISE TAX DISTRIBUTION 46 DUI - CITIES 47 LIQUOR EXCISE TAX 48 LIQUOR BOARD PROFITS 49 FIRST RESPONDERS FLEX FUND 50 DISCOVERY PROGRAMS TECHNOLOGY ACQ. 51 VERDANT INTERLOCAL GRANTS C ITY O F IDMO NDS REVENUES - GENERAL FUND 2021 Adopted 3/31/2020 Budget Revenues 3/31/2021 Amount Revenues Remaining %Received $ 10,936,400 $ 366,611 $ 156,809 $ 10,779,591 1% 4,137,031 142,788 61,297 4,075,734 1% 500 (39) 1 499 0% 8,600,000 2,187,876 2,350,659 6,249,341 27% 7,600 2,117 1,803 5,797 24% 828,500 211,586 223,665 604,835 27% 1,710,000 535,467 537,433 1,172,567 31% 595,000 260,308 269,171 325,829 45% 364,000 96,459 90,594 273,406 25% 1,153,000 259,788 220,042 932,958 19% 894,600 225,267 229,266 665,334 26% 471,900 144,958 158,676 313,224 34% 722,000 201,198 195,056 526,944 27% 723,000 191,257 140,907 582,093 19% 55,200 18,305 23,251 31,949 42% 350 184 143 207 41% 295,900 74,377 75,813 220,087 26% 31,494,981 4,918,505 4,734,587 26,760,394 15% 250 265 300 (50) 120% 700 80 - 700 0% 50,000 757 8,951 41,049 18% 702,700 173,761 170,449 532,251 24% 41,000 10,216 9,639 31,361 24% 100,600 20,174 15,635 84,965 16% 434,000 79,538 82,609 351,392 19% 201,000 68,488 62,275 138,725 31% 58,700 16,140 23,410 35,290 40% 30,000 - 14,440 15,560 48% 650,600 269,279 140,920 509,680 22% 22,000 5,272 5,114 16,886 23% 50,000 55,572 17,915 32,085 36% 20,000 4,417 3,497 16,503 17% 2,361,550 703,959 555,153 1,806,397 24% - 559 - - 0% 6,000 - 2,671 3,329 45% 4,000 - - 4,000 0% 7,100 - 908 6,192 13% - - 3,947 (3,947) 0% - - 379,270 (379,270) 0% 198,000 - - 198,000 0% 210,500 - 210,500 0% - 3,829 - 0% - 825 - - 0% 13,070 3,197 3,379 9,691 26% 16,740 4,038 4,035 12,705 24% 45,600 11,474 12,061 33,539 26% 60,000 16,487 17,895 42,105 30% 4,500 1,383 1,667 2,833 37% 261,500 55,939 68,016 193,484 26% 343,200 84,632 83,909 259,292 24% 2,000 1,812 - 2,000 0% 550 - - 550 0% - - 30,000 (30,000) 0% 1,172,760 184,175 607,758 565,002 52% 2 3 2021 Local Retail Sales/Use Taxrevenues are $162,783 higher than 2020 revenues. Please also seepages pages 18 & 19. 3 Packet Pg. 260 I 7.14.a I Page 2 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2021 Adopted 3/31/2020 Title Budget Revenues CHARGES FOR GOODS AND SERVICES: 1 RECORD/LEGAL INSTRUMENTS 2 ATM SURCHARGE FEES 3 CREDIT CARD FEES 4 COURT RECORD SERVICES 5 D/M COURT REC SER 6 DRE REIMBURSEABLE 7 WARRANT PREPARATION FEE 8 IT TIME PAY FEE 9 MUNIC.-DIST. COURT CURR EXPEN 10 SALE MAPS & BOOKS 11 CLERKS TIME FOR SALE OF PARKING PERMITS 12 BID SUPPLIES REIMBURSEMENT 13 PHOTOCOPIES 14 POLICE DISCLOSURE REQUESTS 15 ENGINEERING FEES AND CHARGES 16 ELECTION CANDIDATE FILINGFEES 17 CUSTODIAL SERVICES(SNO-ISLE) 18 PASSPORTS AND NATURALIZATION FEES 19 POLICE SERVICES SPECIAL EVENTS 20 CAMPUS SAFETY-EDM. SCH. DIST. 21 WOODWAY-LAW PROTECTION 22 MISCELLANEOUS POLICE SERVICES 23 FIRE DISTRICT #1 STATION BILLINGS 24 LEGAL SERVICES 25 ADULT PROBATION SERVICE CHARGE 26 BOOKING FEES 27 FIRE CONSTRUCTION INSPECTION FEES 28 EMERGENCY SERVICE FEES 29 EMS TRANSPORT USER FEE 30 FLEX FUEL PAYMENTS FROM STATIONS 31 ANIMAL CONTROL SHELTER 32 ZONING/SUBDIVISION FEE 33 PLAN CHECKING FEES 34 FIRE PLAN CHECK FEES 35 PLANNING 1 % INSPECTION FEE 36 S.E.P.A. REVIEW 37 CRITICAL AREA STUDY 38 GYM AND WEIGHTROOM FEES 39 PROGRAM FEES 4 40 TAXABLE RECREATION ACTIVITIES 41 WINTER MARKET REGISTRATION FEES 42 BIRD FEST REGISTRATION FEES 43 INTERFUND REIMBURSEMENT -CONTRACT SVCS 3/31/2021 Amount Revenues Remaining % Received $ 3,000 $ 771 $ 1,147 $ 1,854 380/( 600 37 24 576 40/( 11,000 3,249 1,521 9,479 140/( 150 - - 150 00/( 300 27 - 300 00/c - 235 168 (168) 00/( 4,000 2,260 - 4,000 .-. 00/( 1,000 204 164 836 160/( Q. 50 10 60 (10) 1200/( N 100 9 - 100 00/( 25,100 - - 25,100 0% .� 600 - - 600 00/, 1,000 331 92 908 90/( 500 - - 500 00/c LL 200,000 108,744 66,687 133,313 330/( 1,400 - - 1,400 0% 85,000 24,154 17,070 67,930 200/( 10,000 5,795 - 10,000 00/( 30,000 - - 30,000 00/( Cr 76,800 36,753 - 76,800 00/( 195,000 49,715 51,206 143,794 260/( G - 20 - - 00/( N 57,000 16,140 14,616 42,384 260/( v 1,050 100 39 1,011 40/( R 38,000 10,877 8,404 29,596 220/( g 3,000 875 181 2,819 61/c v 10,000 7,447 4,885 5,115 490/( 3,500 891 932 2,568 270/( Q. 1,007,500 259,995 201,222 806,278 200/( 2,500 1,118 520 1,980 210/( 50 - - 50 00/( v 65,600 30,710 19,323 46,278 290/( C 350,900 75,890 174,718 176,182 5001( 4,000 9,123 2,606 1,394 650/( jy 500 - - 500 00/( 3,000 2,150 740 2,260 250/( 14,000 6,737 2,750 11,250 200/( 15,500 3,083 - 15,500 00/, 900,662 111,031 57,824 842,839 60/( 1,300 - - 1,300 0°/ N 5,000 - 185 4,815 40/( N 800 - - 800 00/( t 2,892,106 271,857 303,576 2,588,530 100/( L 6,021,568 1,040,334 930,658 5,090,910 15% 4 2021 Parks & Recreation Program Revenues are $(53,207) lower than 2020 revenues. 4 Packet Pg. 261 1 7.14.a Page 3 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Revenues Revenues Remaining % Received FINES AND PENALTIES: 1 PROOF OF VEHICLE INS PENALTY 2 TRAFFIC INFRACTION PENALTIES 3 NC TRAFFIC INFRACTION 4 CRT COST FEE CODE LEG ASSESSMENT (LGA) 5 NON -TRAFFIC INFRACTION PENALTIES 6 OTHERINFRACTIONS'04 7 PARKING INFRACTION PENALTIES 8 PARK/INDDISZONE 9 DWI PENALTIES 10 DUI - DP ACCT 11 CRIM CNV FEE DUI 12 DUI - DP FEE 13 CRIMINAL TRAFFIC MISDEMEANOR 8/03 14 CRIMINAL CONVICTION FEE CT 15 CRIM CONV FEE CT 16 OTHER NON-T RAF MISDEMEANOR PEN 17 OTHER NON TRAFFIC MISD. 8/03 18 COURT DV PENALTY ASSESSMENT 19 CRIMINAL CONVICTION FEE CN 20 CRIM CONV FEE CN 21 PUBLIC DEFENSE RECOUPMENT 22 BANK CHARGE FOR CONV. DEFENDANT 23 COURT COST RECOUPMENT 24 BUS. LICENSE PERMIT PENALTY 25 MISC FINES AND PENALTIES MISCELLANEOUS: 26 INVESTMENT INTEREST 27 INTEREST ON COUNTY TAXES 28 INTEREST - COURT COLLECTIONS 29 SPACE/FACILITIES RENTALS 30 BRACKET ROOM RENTAL 31 LEASESLONG-TERM 32 DONATION/CONTRIBUTION 33 PARKSDONATIONS 34 BIRD FEST CONTRIBUTIONS 35 POLICE CONTRIBUTIONS FROM PRIV SOURCES 36 SALE OF JUNK/SALVAGE 37 SALES OF UNCLAIM PROPERTY 38 CONFISCATED AND FORFEITED PROPERTY 39 OTHER JUDGEMENT/SETTLEMENT 40 POLICE JUDGMENT SIRESTITUTION 41 CASHIERS OVERAGES/SHORTAGES 42 OTHER MISC REVENUES 43 SMALL OVERPAYMENT 44 NSF FEES - PARKS & REC 45 NSF FEES -POLICE 46 NSF FEES - MUNICIPAL COURT 47 US BANK REBATE TRANSFERS -IN: 48 OPERATINGTRANSFER-IN 49 INTERFUND TRANSFER FROM FUND 018 50 TRANSFER FROM FUND 127 $ 2,000 $ 454 $ 907 $ 1,093 450/c 230,000 35,566 53,193 176,807 230/( 18,000 3,853 2,184 15,816 120/( 10,000 3,039 4,287 5,713 430/( 1,000 - 203 797 200/c 1,500 188 688 812 460/( 100,000 29,279 15,262 84,738 1501( 2,000 405 250 1,750 130/( 7,000 1,726 2,027 4,973 290/( 300 26 16 284 501( 100 2 38 62 380/( 1,500 823 563 937 380/( 25,000 6,512 3,355 21,645 130/( 2,000 618 398 1,602 200/( 700 100 16 684 20/( 100 19 12 88 120/( 10,000 4,998 307 9,693 30/( 800 79 15 785 20/c 1,000 172 9 991 1°/ 200 15 7 193 30/( 8,000 1,376 649 7,351 80/( 14,000 2,825 2,535 11,465 180/( 3,000 673 620 2,380 210/( 10,100 - - 10,100 00/c 150 - - 150 0°/ 448,450 92,748 87,542 360,908 20°/ 155,090 81,495 69,052 86,038 450/( 9,980 4,015 2,191 7,789 220/( 3,400 1,658 1,971 1,429 580/( 153,000 9,977 1,987 151,013 10/( 2,100 380 - 2,100 00/( 205,000 52,479 48,371 156,629 240/( 2,500 160 - 2,500 00/( 3,500 800 - 3,500 00/( 2,000 385 350 1,650 180/( 5,000 - - 5,000 00/c 300 - - 300 00/( 3,000 - 2,392 608 800/( 2,000 - - 2,000 00/( 2,000 - 102 1,898 501( 200 125 20 180 100/( - 16 2 (2) 00/( 5,000 5,461 3,767 1,233 750/( 100 15 21 79 210/( 100 - 30 70 300/( - - 30 (30) 00/c 150 70 - 150 00/( 8,500 3,837 4,966 3,534 580/( 562,920 160,872 135,251 427,669 24% 238,667 - - 238,667 00/( 123,581 - - 123,581 00/( 26,300 - - 26,300 00/c 388,548 - - 388,548 00% TOTAL GENERAL FUND REVENUE $ 42,450,777 $ 7,100,593 $ 7,050,949 $ 35,399,828 170% 2 5 Packet Pg. 262 I 7.14.a I Page I of 6 CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Expenditures Expenditures Remaining '%Spent GENERAL FUND EXPENDITURES (001) 1 SALARIES AND WAGES $ 17,435,652 $ 3,933,136 $ 4,228,263 $ 13,207,389 24 2 OVERTIME 491,580 170,273 133,856 357,724 27 3 HOLIDAY BUY BACK 281,329 1,000 1,951 279,378 1 4 BENEFITS 6,751,422 1,563,546 1,594,208 5,157,214 24 5 UNIFORMS 89,151 29,221 19,640 69,511 22 6 SUPPLIES 401,115 138,144 109,833 291,282 27 7 SMALL EQUIPMENT 108,103 43,586 60,119 47,984 56 8 PROFESSIONAL SERVICES 14,987,824 3,506,431 3,529,801 11,458,023 24 9 COMMUNICATIONS 161,495 21,365 41,100 120,395 25 10 TRAVEL 68,760 4,954 517 68,243 1 11 EXCISE TAXES 6,500 1,378 5,627 873 87 12 RENTAL/LEASE 1,574,465 451,904 382,348 1,192,117 24 13 INSURANCE 403,973 393,746 405,121 (1,148) 100 14 UTILITIES 536,762 138,318 140,132 396,630 26 15 REPAIRS & MAINTENANCE 917,742 180,322 168,969 748,773 18 16 MISCELLANEOUS 507,715 135,529 151,319 356,396 30 17 INTERGOVERNMENTAL PAYMENTS 50,000 75,000 50,000 - 100 18 INTERFUND SUBSIDIES 932,880 - - 932,880 0 19 MACHINERY/EQUIPMENT 23,120 9,053 23,120 0 20 GENERAL OBLIGATION BOND PRINCIPAL 54,530 - 54,530 0 21 OTHER INTEREST & DEBT SERVICE COSTS 500 - 500 0 22 INTEREST ON LONG-TERM EXTERNAL DEBT 5,700 - 5,700 0 45,790,318 10,796,906 11,022,804 $ 34,767,514 24 LEOFF-MEDICAL INS. RESERVE(009) 23 BENEFITS $ 206,650 $ 54,664 $ 67,631 $ 139,019 33 24 PENSION AND DISABILITY PAYMENTS 252,990 34,705 36,825 216,165 15 25 PROFESSIONAL SERVICES 7,000 - - 7,000 0 26 MISCELLANEOUS 500 - - 500 0 467,140 89,369 104,456 362,684 22 HISTORIC PRESERVATION GIFT FUND (014) 27 SUPPLIES $ 100 $ - $ - $ 100 0 28 PROFESSIONAL SERVICES 200 - 200 0 29 MISCELLANEOUS 5,600 - 5,600 0 5,900 - 5,900 0 BUILDING MAINTENANCEFUND (016) 30 INTERFUND SUBSIDIES $ 210,222 $ $ $ 210,222 0 210,222 210,222 0 EDMONDS HOMELESSNESS RESPONSEFUND (018) 31 PROFESSIONAL SERVICES $ 123,581 $ $ $ 123,581 0 123,581 123,581 0 EDMONDS OPIOID RESPONSEFUND (019) 32 INTERFUND SUBSIDIES $ 28,445 $ $ $ 28,445 0 28,445 28,445 0 DRUG ENFO RC EMENT FUND (104) 33 PROFESSIONAL SERVICES $ 45,000 $ $ $ 45,000 0 34 REPAIR/MAINT 800 800 0 45,800 45,800 0 O N C eo C LL L d 7 Cy N O N t 0 R 2 6 Packet Pg. 263 I 7.14.a I Page 2 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent STREETFUND (111) 1 SALARIES AND WAGES $ 716,890 $ 165,934 $ 185,871 $ 531,019 26 2 OVERTIME 18,400 13,114 13,854 4,546 75 3 BENEFITS 378,236 80,768 91,562 286,674 24 4 UNIFORMS 6,000 2,653 4,156 1,844 69 5 SUPPLIES 263,000 48,961 15,469 247,531 6 6 SMALL EQUIPMENT 20,000 - - 20,000 0 7 PROFESSIONAL SERVICES 23,210 637 4,276 18,934 18 8 COMMUNICATIONS 4,500 1,384 1,725 2,775 38 9 TRAVEL 1,000 - - 1,000 0 10 RENTAL/LEASE 247,270 57,173 61,397 185,873 25 11 INSURANCE 148,436 156,937 148,533 (97) 100 12 UTILITIES 280,918 68,352 57,041 223,877 20 13 REPAIRS & MAINTENANCE 52,000 20,228 9,065 42,935 17 14 MISCELLANEOUS 8,000 628 7,450 550 93 15 MACHINERY/EQUIPMENT - 18,534 - - 0 16 GENERAL OBLIGATION BOND PRINCIPAL 4,220 - 4,220 0 17 INTEREST 450 - 450 0 COMBINED STREETCONST/IMPROVE(112) 18 PROFESSIONAL SERVICES 19 REPAIR & MAINTENANCE 20 MISCELLANEOUS 21 INTERFUND SUBSIDIES 22 LAND 23 CONSTRUCTION PROJECTS 24 INTERGOVERNMENTAL LOANS 25 INTEREST MUNICIPAL ARTS ACQUIS. FUND (117) 26 SUPPLIES 27 SMALL EQUIPMENT 28 PROFESSIONAL SERVICES 29 TRAVEL 30 RENTAL/LEASE 31 REPAIRS & MAINTENANCE 32 MISCELLANEOUS HO TEL/MO TEL TAX REVENUE FUND (120) 33 PROFESSIONAL SERVICES 34 MISCELLANEOUS 35 INTERFUND SUBSIDIES EMPLOYEEPARE(ING PERMIT FUND (121) 36 SUPPLIES 37 PROFESSIONAL SERVICES YOUTH SCHOLARSHIP FUND (122) 38 MISCELLANEOUS TO URISM PRO MO TIO NAL FUND/ARTS (123) 39 PROFESSIONAL SERVICES $ 2,172,530 $ 635,303 $ 600,399 $ 1,572,131 28 $ 1,581,847 $ 12,046 $ 65,351 $ 1,516,496 4 103,670 - - 103,670 0 - 8 - 0 114,950 - 114,950 0 33,000 - 33,000 0 911,000 48,732 911,000 0 72,220 - 72,220 0 1,610 - - 1,610 0 $ 2,818,297 $ 60,786 $ 65,351 $ 2,752,946 2 $ 4,700 $ 102 $ 217 $ 4,483 5 1,700 (199) - 1,700 0 221,500 9,109 8,507 212,993 4 80 - - 80 0 2,000 - 2,000 0 300 - - 300 0 6,600 919 612 5,988 9 $ 236,880 $ 9,931 $ 9,336 $ 227,544 4 $ 83,150 $ 5,598 $ 10,144 $ 73,006 12 - 500 - - 0 4,000 - - 4,000 0 $ 87,150 $ 6,098 $ 10,144 $ 77,006 12 $ 1,790 $ $ $ 1,790 0 25,090 25,090 0 $ 26,880 $ $ $ 26,880 0 $ 3,000 $ 623 $ $ 3,000 0 $ 3,000 $ 623 $ $ 3,000 0 $ 29,900 $ 508 $ $ 29,900 0 $ 29,900 $ 508 $ $ 29,900 0 ly O N C e0 C LL 21 L d O 7 Cy N O N t 0 L E 7 Packet Pg. 264 I 7.14.a I Page 3 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ESTATE EXCISE TAX (125) 1 SUPPLIES $ 121,000 $ 7,770 $ 12,215 $ 108,785 10 2 PROFESSIONAL SERVICES 159,626 48,381 9,514 150,112 6 3 REPAIRS & MAINTENANCE 152,000 13,596 5,070 146,930 3 4 INTERFUND SUBSIDIES 190 - - 190 0 5 CONSTRUCTION PROJECTS 1,043,482 233,867 - 1,043,482 0 $ 1,476,298 $ 303,613 $ 26,799 $ 1,449,499 2 REAL ESTATE EXC ISE TAX 1 (126) 6 PROFESSIONAL SERVICES 7 REPAIRS & MAINTENANCE 8 INTERFUND SUBSIDIES 9 CONSTRUCTION PROJECTS 10 GENERAL OBLIGATION BONDS 11 INTEREST GIFTS CATALOG FUND (127) 12 SUPPLIES 13 PROFESSIONAL SERVICES 14 MISCELLANEOUS 15 INTERFUND SUBSIDIES C EVIEIERY MAINTENANC UIMPRO VEMEVT (130) 16 SALARIES AND WAGES 17 OVERTIME 18 BENEFIT S 19 UNIFORMS 20 SUPPLIES 21 SUPPLIES PURCHASED FOR INVENTORY/RESALE 22 PROFESSIONAL SERVICES 23 COMMUNICATIONS 24 TRAVEL 25 RENTAL/LEASE 26 UTILITIES 27 REPAIRS & MAINTENANCE 28 MISCELLANEOUS PARKS TRUST FUND (136) 29 PROFESSIONAL SERVICES CEMETERY MAINTENANCE TRUST FUND (137) 30 SMALL EQUIPMENT SISTER CITY COMMISSION (138) 31 SUPPLIES 32 TRAVEL 33 MISCELLANEOUS BUSINESS IMPROVEMEVTDISTRICTFUND (140) 34 SUPPLIES 35 PROFESSIONAL SERVICES 36 MISCELLANEOUS 2012 LTGO DEBT SERVIC FUND (231) 37 GENERAL OBLIGATION BOND 38 INTEREST $ 573,234 $ 242,280 $ 52,341 $ 520,894 9 97,050 21,188 14,138 82,912 15 138,910 - - 138,910 0 983,137 156,867 83,264 899,873 8 144,530 - - 144,530 0 117,050 - - 117,050 0 $ 2,053,911 $ 420,336 $ 149,742 $ 1,904,169 7 $ 67,500 $ 5,125 $ 8,980 $ 58,520 13 6,500 - - 6,500 0 600 168 600 0 26,300 - - 26,300 0 $ 100,900 $ 5,293 $ 8,980 $ 91,920 9 $ 95,824 $ 20,294 $ 20,978 $ 74,846 22 3,500 176 120 3,380 3 40,472 9,041 9,434 31,038 23 1,000 - - 1,000 0 7,000 293 - 7,000 0 20,000 2,802 5,616 14,384 28 4,200 - 800 3,400 19 1,700 419 421 1,279 25 500 - - 500 0 16,650 2,057 4,163 12,488 25 5,652 947 902 4,750 16 500 - - 500 0 4,000 2,325 2,567 1,433 64 $ 200,998 $ 38,354 $ 45,001 $ 155,997 22 $ 50,000 $ - $ $ 50,000 0 $ 50,000 $ - $ $ 50,000 0 $ 25,000 $ - $ $ 25,000 0 $ 25,000 $ - $ $ 25,000 0 $ 1,500 $ 11 $ $ 1,500 0 4,500 - 4,500 0 5,900 - 5,900 0 $ 11,900 $ 11 $ $ 11,900 0 $ 2,050 $ 4,388 $ 273 $ 1,777 13 70,035 12,756 8,203 61,832 12 4,255 40 352 3,903 8 76,340 17,185 8,828 67,512 12 $ 677,990 $ - $ $ 677,990 0 81,710 - 81,710 0 $ 759,700 $ - $ $ 759,700 0 O lZ d !Y C cv C LL N to 7 Cy N O N t 0 R 2 8 Packet Pg. 265 I 7.14.a I Page 4 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS CONSTRUCTION FUND (332) 1 PROFESSIONAL SERVICES $ 113,453 $ 36,526 $ 718 $ 112,735 1 2 INTERFUND SUBSIDIES 44,000 - - 44,000 0 3 CONSTRUCTION PROJECTS 5,395,037 266,787 66,774 5,328,263 1 $ 5,552,490 $ 303,313 $ 67,492 $ 5,484,998 1 WATER FUND (421) 4 SALARIES AND WAGES 5 OVERTIME 6 BENEFIT S 7 UNIFORMS 8 SUPPLIES 9 WATER PURCHASED FOR RESALE 10 SUPPLIES PURCHASED FOR INVENTORY/RESALE 11 SMALL EQUIPMENT 12 PROFESSIONAL SERVICES 13 COMMUNICATIONS 14 TRAVEL 15 EXCISE TAXES 16 RENTAL/LEASE 17 INSURANCE 18 UTILITIES 19 REPAIRS & MAINTENANCE 20 MISCELLANEOUS 21 INTERFUND SUBSIDIES 22 CONSTRUCTION PROJECTS 23 GENERAL OBLIGATION BONDS 24 REVENUE BONDS 25 INTERGOVERNMENTAL LOANS 26 INTEREST STORM FUND (422) 27 SALARIES AND WAGES 28 OVERTIME 29 BENEFIT S 30 UNIFORMS 31 SUPPLIES 32 SMALL EQUIPMENT 33 PROFESSIONAL SERVICES 34 COMMUNICATIONS 35 TRAVEL 36 EXCISE TAXES 37 RENTAL/LEASE 38 INSURANCE 39 UTILITES 40 REPAIR & MAINTENANCE 41 MISCELLANEOUS 42 INTERFUND SUBSIDIES 43 CONSTRUCTION PROJECTS 44 GENERAL OBLIGATION BONDS 45 REVENUE BONDS 46 INTERGOVERNMENTAL LOANS 47 INTEREST $ 781,175 $ 203,679 $ 168,392 $ 612,783 22 24,000 3,225 5,237 18,763 22 325,765 80,614 71,004 254,761 22 4,000 1,577 2,016 1,984 50 150,000 10,457 18,501 131,499 12 2,170,000 377,873 123,474 2,046,526 6 170,000 28,199 56,175 113,825 33 11,000 3,256 2,327 8,673 21 1,528,701 158,417 156,098 1,372,603 10 30,000 6,821 6,927 23,073 23 200 - - 200 0 1,649,700 357,879 326,269 1,323,431 20 124,630 32,825 30,980 93,651 25 97,844 52,541 98,196 (352) 100 35,775 8,626 8,854 26,921 25 258,130 16,366 11,030 247,100 4 123,600 41,151 49,272 74,328 40 644,130 - - 644,130 0 1,976,050 14,779 1,976,050 0 2,840 - 2,840 0 385,100 - 385,100 0 25,840 - 25,840 0 196,170 - - 196,170 0 $ 10,714,650 $ 1,398,283 $ 1,134,754 $ 9,579,896 11 $ 716,300 $ 151,619 $ 180,867 $ 535,433 25 6,000 4,292 11,826 (5,826) 197 316,335 72,239 79,457 236,878 25 6,500 3,080 2,463 4,037 38 46,000 5,647 16,156 29,844 35 4,000 - 304 3,696 8 2,698,016 213,262 172,800 2,525,216 6 3,200 1,144 1,516 1,684 47 4,300 - - 4,300 0 470,100 166,736 183,707 286,393 39 267,778 70,187 66,330 201,448 25 66,216 116,576 66,228 (12) 100 11,025 3,720 4,497 6,528 41 64,130 13,181 10,963 53,167 17 255,300 44,871 80,395 174,905 31 281,810 - - 281,810 0 1,581,000 1,049,391 1,581,000 0 103,340 - 103,340 0 188,240 - 188,240 0 53,590 - 53,590 0 110,910 - - 110,910 0 $ 7,254,090 $ 1,915,942 $ 877,509 $ 6,376,581 12 O N C ev C LL 21 L d to 7 Cy N O N t 0 L to E 9 Packet Pg. 266 I 7.14.a I Page 5 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent SEWER FUND (423) 1 SALARIES AND WAGES $ 1,997,208 $ 479,446 $ 448,654 $ 1,548,554 22 2 OVERTIME 95,000 28,124 30,002 64,998 32 3 BENEFITS 863,464 215,111 191,235 672,229 22 4 UNIFORMS 8,500 5,847 6,054 2,446 71 5 SUPPLIES 404,000 72,087 118,144 285,856 29 6 FUEL CONSUMED 30,000 6,130 23,413 6,587 78 7 SUPPLIES PURCHASED FOR INV OR RESALE 4,000 - - 4,000 0 8 SMALL EQUIPMENT 35,000 15,952 12,163 22,837 35 9 PROFESSIONAL SERVICES 2,111,848 639,472 376,542 1,735,306 18 10 COMMUNICATIONS 43,000 8,851 10,467 32,533 24 11 TRAVEL 5,000 - - 5,000 0 12 EXCISE TAXES 968,000 269,368 278,989 689,011 29 13 RENTAL/LEASE 329,898 88,834 107,477 222,421 33 14 INSURANCE 160,967 174,140 162,851 (1,884) 101 15 UTILITIES 1,979,985 208,931 200,021 1,779,964 10 16 REPAIR & MAINTENANCE 520,630 60,898 42,222 478,408 8 17 MISCELLANEOUS 129,350 18,798 27,611 101,739 21 18 INTERFUND SUBSIDIES 10,180,936 - - 10,180,936 0 19 CONSTRUCTION PROJECTS 19,756,808 328,527 70,424 19,686,384 0 20 GENERAL OBLIGATION BONDS 157,060 - - 157,060 0 21 REVENUE BONDS 86,670 - - 86,670 0 22 INTERGOVERNMENTAL LOANS 173,900 14,705 15,047 158,853 9 23 INTEREST 382,660 3,181 2,986 379,674 1 24 DEBT ISSUE COSTS - - 1,380 (1,380) 0 25 OTHER INTEREST & DEBT SERVICE COSTS - 2,399 2,252 (2,252) 0 $ 40,423,884 $ 2,640,801 $ 2,127,934 $ 38,295,950 5 BOND RESERVEFUND (424) 26 REVENUE BONDS $ 785,020 $ - $ $ 785,020 0 27 INTEREST 1,200,850 - 1,200,850 0 $ 1,985,870 $ - $ $ 1,985,870 0 O N C eo C E 21 L d to 7 Cy N O N s L cc 2 10 Packet Pg. 267 I 7.14.a I Page 6 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent EQUIPMENTRENTAL FUND (511) 1 SALARIES AND WAGES $ 269,184 $ 67,801 $ 68,567 $ 200,617 25 2 OVERTIME 2,000 606 1,573 427 79 3 BENEFITS 115,681 28,535 28,958 86,723 25 4 UNIFORMS 1,000 123 636 364 64 5 SUPPLIES 120,000 22,857 14,917 105,083 12 6 FUEL CONSUMED 1,000 - - 1,000 0 7 SUPPLIES PURCHASED FOR INVENTORY/RESALE 258,000 46,009 49,302 208,698 19 8 SMALL EQUIPMENT 58,000 673 5,154 52,846 9 9 PROFESSIONAL SERVICES 46,750 728 356 46,394 1 10 COMMUNICATIONS 3,000 540 573 2,427 19 11 TRAVEL 1,000 - - 1,000 0 12 RENTAL/LEASE 12,790 3,030 3,101 9,689 24 13 INSURANCE 40,910 40,270 39,334 1,576 96 14 UTILITIES 14,500 5,248 5,932 8,568 41 15 REPAIRS&MAINTENANCE 60,000 17,708 8,288 51,712 14 16 MISCELLANEOUS 12,000 191 1,787 10,213 15 17 MACHINERY/EQUIPMENT 330,139 49,659 50,620 279,519 15 $ 1,345,954 $ 283,978 $ 279,099 $ 1,066,855 21 TECHNOLOGY RENTAL FUND (512) 18 SALARIES AND WAGES $ 373,762 $ 72,135 $ 85,721 $ 288,041 23 19 OVERTIME 2,000 - 707 1,293 35 20 BENEFITS 126,557 24,458 26,589 99,968 21 21 SUPPLIES 5,000 316 1,605 3,395 32 22 SMALL EQUIPMENT 141,300 19,760 8,894 132,406 6 23 PROFESSIONAL SERVICES 171,460 24,487 5,723 165,737 3 24 COMMUNICATIONS 58,770 12,055 12,829 45,941 22 25 TRAVEL 1,500 207 - 1,500 0 26 RENTAL/LEASE 7,400 1,123 1,100 6,300 15 27 REPAIRS & MAINTENANCE 302,660 187,829 206,816 95,844 68 28 MISCELLANEOUS 5,000 10,517 246 4,754 5 29 MACHINERY/EQUIPMENT 56,000 - - 56,000 0 $ 1,251,409 $ 352,886 $ 350,229 $ 901,180 28 FIR]IVIEN'S PENSION FUND (617) 31 BENEFITS $ 24,560 $ 8,407 $ 10,457 $ 14,103 43 32 PENSION AND DISABILITY PAYMENTS 70,407 15,607 15,381 55,026 22 33 PROFESSIONAL SERVICES 1,200 - - 1,200 0 $ 96,167 $ 24,014 $ 25,838 $ 70,329 27 TOTAL EXPENDITURE ALL FUNDS $ 125,425,604 $ 19,303,532 $ 16,914,695 $ 108,510,909 13 O N C eo C LL 21 L d to 7 Cy N O N t 0 to 2 11 Packet Pg. 268 7.14.a Page 1 of 1 C ITY O F E DMO NDS EXPENDPTURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Expenditures Expenditures Remaining CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK FINANCE CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICES/ECONOMIC DEV DEVELOPMENT SERVICES PARKS& RECREATION PUBLIC WORKS ADMINISTRATION FACILITIES MAINTENANCE % Spent $ 432,478 $ 81,971 $ 83,267 $ 349,211 19% 345,501 87,486 83,532 261,969 24% 837,176 184,385 187,141 650,035 22% .-. 1,157,083 249,701 275,717 881,366 24% 0 750,555 199,113 209,183 541,372 28% N 1,104,378 353,610 314,260 790,118 28% •V 936,480 192,534 212,467 724,014 23% C 12,881,593 3,569,389 3,679,050 9,202,543 29% LL 12,197,271 2,821,483 2,871,535 9,325,736 24% y 1,221,100 123,069 130,319 1,090,781 11% 3,566,238 685,780 690,769 2,875,469 19% Cy T_ 4,645,781 892,745 971,861 3,673,920 21% N N 3,286,985 772,588 784,963 2,502,022 24% v L 2,427,699 583,052 528,741 1,898,958 22% M $ 45,790,318 $ 10,796,906 $ 11,022,804 $ 34,767,514 24% C ITY O F EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY Title 2021 Adopted Budget 3/31/2020 Expenditures 3/31/2021 Expenditures Amount Remaining %Spent WATER UTILITY FUND $ 10,714,650 $ 1,398,283 $ 1,134,754 $ 9,579,896 11% STORM UTILITY FUND 7,254,090 1,915,942 877,509 6,376,581 12% SEWER/WWTP UTILITY FUND 40,423,884 2,640,801 2,127,934 38,295,950 5% BOND RESERVE FUND 1,985,870 - - 1,985,870 0% $ 60,378,494 $ 5,955,026 $ 4,140,196 $ 56,238,298 7% 12 Packet Pg. 269 I 7.14.a I Page 1 of 4 C ITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2021 Adopted Budget 3/31/2020 Expenditures 3/31/2021 Expenditures Amount Remaining %Spent CITY COUNCIL SALARIES $ 199,052 $ 47,435 $ 50,038 $ 149,014 25% OVERTIME 1,000 - - 1,000 0% BENEFITS 118,713 24,210 26,196 92,517 22% SUPPLIES 2,000 1,337 335 1,665 17% SMALL EQUIPMENT - - 1,159 (1,159) 0% PROFESSIONAL SERVICES 62,160 3,377 - 62,160 0% COMMUNICATIONS 3,000 1,313 2,356 644 79% TRAVEL 6,700 535 - 6,700 0% RENTAL/LEASE 12,368 3,119 3,085 9,283 25% REPAIRS✓MAINTENANCE 500 645 - 500 0% MISCELLANEOUS 26,985 97 26,888 0% $ 432,478 $ 81,971 $ 83,267 $ 349,211 19% OFFICEOFMAYOR SALARIES $ 229,512 $ 55,692 $ 57,374 $ 172,138 25% BENEFITS 85,243 22,526 21,124 64,119 25% SUPPLIES 1,500 396 124 1,376 8% SMALL EQUIPMENT - 4,199 - - 0% PROFESSIONAL SERVICES 3,000 420 194 2,806 6% COMMUNICATION 1,400 105 372 1,028 27% TRAVEL 3,000 153 - 3,000 0% RENTAL/LEASE 17,396 3,929 4,130 13,266 24% MISCELLANEOUS 4,450 65 214 4,236 5% $ 345,501 $ 87,486 $ 83,532 $ 261,969 24% HUMAN RESOURCES SALARIES $ 387,048 $ 90,247 $ 98,745 $ 288,303 26% OVERTIME - - 637 (637) 0% BENEFITS 154,430 35,543 41,117 113,313 27% SUPPLIES 13,300 259 583 12,717 4% SMALL EQUIPMENT 300 893 198 102 66% PROFESSIONAL SERVICES 205,000 23,466 11,260 193,740 5% COMMUNICATIONS 1,550 250 403 1,147 26% TRAVEL 1,500 500 - 1,500 0% RENTAL/LEASE 36,102 7,595 8,685 27,417 24% REPAIR/MAINTENANCE 8,380 7,832 8,067 313 96% MISCELLANEOUS 29,566 17,800 17,448 12,118 59% $ 837,176 $ 184,385 $ 187,141 $ 650,035 22% MUNIC IPAL C O URT SALARIES $ 643,567 $ 154,990 $ 165,085 $ 478,482 26% OVERTIME 800 19 14,196 (13,396) 1775% BENEFITS 242,359 59,026 55,827 186,532 23% SUPPLIES 10,600 960 1,427 9,173 13% SMALL EQUIPMENT 1,000 - - 1,000 0% PROFESSIONAL SERVICES 124,925 12,001 13,758 111,167 11% COMMUNICATIONS 3,550 543 979 2,571 28% TRAVEL 6,500 37 - 6,500 0% RENTAL/LEASE 70,682 16,515 17,635 53,047 25% REPAIR/MAINTENANCE 4,880 645 - 4,880 0% MISCELLANEOUS 25,100 4,965 6,810 18,290 27% MACHINERY/EQUIPMENT 23,120 23,120 0% $ 1,157,083 $ 249,701 $ 275,717 $ 881,366 24% 2 13 Packet Pg. 270 1 I 7.14.a I Page 2 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent CITY CLERK SALARIES AND WAGES $ 391,926 $ 100,868 $ 99,613 $ 292,313 25% BENEFITS 168,469 41,393 40,838 127,631 24% SUPPLIES 7,000 1,992 403 6,597 6% SMALL EQUIPMENT - 21 - - 0% PROFESSIONAL SERVICES 34,200 6,504 7,171 27,029 21% COMMUNICATIONS 33,000 (114) 8,207 24,793 25% TRAVEL 1,980 6 - 1,980 0% RENTAL/LEASE 55,980 12,878 11,910 44,070 21% REPAIRS&MAINTENANCE 48,000 34,255 39,679 8,321 83% MISCELLANEOUS 10,000 1,311 1,361 8,639 14% $ 750,555 $ 199,113 $ 209,183 $ 541,372 28% FINANCE SALARIES $ 732,408 $ 219,041 $ 185,435 $ 546,973 25% OVERTIME 4,500 - - 4,500 0% BENEFITS 238,064 73,126 61,588 176,476 26% SUPPLIES 7,350 1,139 919 6,431 12% SMALL EQUIPMENT 2,650 - 557 2,093 21% PROFESSIONAL SERVICES 9,300 20 55 9,245 1% COMMUNICATIONS 2,000 135 217 1,783 11% TRAVEL 3,100 - - 3,100 0% RENTAL/LEASE 55,176 14,321 16,055 39,121 29% REPAIR/MAINTENANCE 41,480 43,963 45,281 (3,801) 109% MISCELLANEOUS 8,350 1,866 4,153 4,197 50% $ 1,104,378 $ 353,610 $ 314,260 $ 790,118 28% CITY ATTO RNEY PROFESSIONAL SERVICES $ 936,480 $ 192,534 $ 212,467 $ 724,014 23% $ 936,480 $ 192,534 $ 212,467 $ 724,014 23% NON -DEPARTMENTAL SALARIES $ 101,750 $ - $ - $ 101,750 0% BENEFITS -UNEMPLOYMENT 50,000 84 14,707 35,293 29% SUPPLIES 5,000 1,182 29 4,971 1% PROFESSIONAL SERVICES 11,168,050 3,031,797 3,132,228 8,035,822 28% EXCISE TAXES 6,500 1,378 5,627 873 87% RENTAL/LEASE 6,366 4,233 1,595 4,772 25% INSURANCE 403,973 393,746 405,121 (1,148) 100% MISCELLANEOUS 96,344 61,969 69,744 26,600 72% CONTRIBUTION TO ECA 50,000 75,000 50,000 - 100% INTERFUND SUBSIDIES 932,880 - - 932,880 0% GENERAL OBLIGATION BOND 54,530 - 54,530 0% INTEREST ON LONG-TERM DEBT 5,700 - 5,700 0% FISCAL AGENT FEES 500 - - 500 0% $ 12,881,593 $ 3,569,389 $ 3,679,050 $ 9,202,543 29% O N C cv C LL Z. L N to 7 Cy N O N t 0 L to 2 14 Packet Pg. 271 I 7.14.a I Page 3 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent POLICE SERVICES SALARIES $ 7,393,513 $ 1,621,626 $ 1,767,718 $ 5,625,795 24% OVERTIME 461,280 160,710 115,459 345,821 25% HOLIDAY BUYBACK 281,329 1,000 1,951 279,378 1% BENEFITS 2,893,995 665,900 655,258 2,238,737 23% UNIFORMS 78,926 26,503 17,742 61,184 22% SUPPLIES 90,500 44,432 45,091 45,409 50% SMALL EQUIPMENT 78,953 36,773 56,337 22,616 71% PROFESSIONAL SERVICES 126,220 36,836 28,688 97,532 23% COMMUNICATIONS 36,000 6,779 11,525 24,475 32% TRAVEL 29,310 2,184 517 28,793 2% RENTAL/LEASE 651,715 204,352 162,243 489,472 25% REPAIR/MAINTENANCE 15,180 1,315 1,961 13,219 13 % MISCELLANEOUS 60,350 13,072 7,046 53,304 12% $ 12,197,271 $ 2,821,483 $ 2,871,535 $ 9,325,736 24% COMMUNITY SERVICFS/ECON DEV. SALARIES $ 390,687 $ 67,410 $ 80,893 $ 309,794 21% OVERTIME - - 581 (581) 0% BENEFITS 109,147 20,722 22,889 86,258 21% SUPPLIES 3,275 6,598 47 3,228 1% SMALL EQUIPMENT 800 - - 800 0% PROFESSIONAL SERVICES 670,400 21,490 17,032 653,368 3% COMMUNICATIONS 3,675 142 752 2,923 20% TRAVEL 2,000 1,240 - 2,000 0% RENTAL/LEASE 21,116 2,936 4,885 16,231 23% REPAIR/MAINTENANCE 10,500 - - 10,500 0% MISCELLANEOUS 9,500 2,531 3,239 6,261 34% $ 1,221,100 $ 123,069 $ 130,319 $ 1,090,781 11% DEVELO PMEVT SERVICES/PLANNING SALARIES $ 1,830,748 $ 423,602 $ 435,823 $ 1,394,925 24% OVERTIME 1,300 5,915 - 1,300 0% BENEFITS 680,921 156,089 159,746 521,175 23% UNIFORMS 500 - - 500 0% SUPPLIES 12,100 3,800 1,110 10,990 9% SMALL EQUIPMENT 7,300 691 88 7,212 1% PROFESSIONAL SERVICES 825,499 42,291 35,027 790,472 4% COMMUNICATIONS 9,000 1,658 3,243 5,757 36% TRAVEL 7,300 158 - 7,300 0% RENTAL/LEASE 135,710 41,986 33,022 102,688 24% REPAIRS&MAINTENANCE 6,800 - 643 6,157 9% MISCELLANEOUS 49,060 9,590 22,067 26,993 45% MACHINERY/EQUIPMENT - - - - 0% $ 3,566,238 $ 685,780 $ 690,769 $ 2,875,469 19% ENGINEERING SALARIES $ 1,773,720 $ 427,813 $ 437,294 $ 1,336,426 25% OVERTIME 5,000 1,581 408 4,592 8% BENEFITS 733,487 175,405 177,129 556,358 24% UNIFORMS 450 - - 450 0% SMALL EQUIPMENT 2,200 - 795 1,405 36% PROFESSIONAL SERVICES 13,840 1,487 - 13,840 0% COMMUNICATIONS 19,600 2,825 4,473 15,127 23% TRAVEL 600 92 - 600 0% RENTAL/LEASE 146,935 32,728 35,615 111,320 24% REPAIR/MAINTENANCE 2,600 - - 2,600 0% MISCELLANEOUS 80,000 4,704 5,784 74,216 7% $ 2,778,432 $ 646,635 $ 661,498 $ 2,116,934 24% 2 15 Packet Pg. 272 I 7.14.a I Page 4 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2021 Adopted 3/31/2020 3/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS & REC REATIO N SALARIES $ 2,292,789 $ 446,854 $ 572,119 $ 1,720,670 25% OVERTIME 10,000 950 384 9,616 4% BENEFITS 815,871 175,185 207,081 608,790 25% UNIFORMS 6,275 1,049 812 5,463 13% SUPPLIES 127,890 41,314 23,705 104,185 19% SMALL EQUIPMENT 10,900 1,010 984 9,916 9% PROFESSIONAL SERVICES 735,550 72,078 50,242 685,308 7% COMMUNICATIONS 31,370 1,751 2,916 28,454 9% TRAVEL 5,270 50 - 5,270 0% RENTAL/LEASE 251,549 70,615 56,725 194,824 23% PUBLIC UTILITY 230,507 39,790 44,037 186,470 19% REPAIR/MAINTENANCE 29,700 16,593 - 29,700 0% MISCELLANEOUS 98,110 16,453 12,857 85,253 13% MACHINERY/EQUIPMENT 9,053 0% $ 4,645,781 $ 892,745 $ 971,861 $ 3,673,920 21% PUBLIC WORKS ADMINISTRATION SALARIES $ 296,962 $ 73,477 $ 74,845 $ 222,117 25% OVERTIME 200 - - 200 0% BENEFITS 106,203 26,415 26,223 79,980 25% SUPPLIES 8,600 877 221 8,379 3% SMALL EQUIPMENT 1,000 - - 1,000 0% PROFESSIONAL SERVICES 200 53 33 167 16% COMMUNICATIONS 1,350 190 181 1,169 13% TRAVEL 500 - - 500 070 RENTAL/LEASE 84,320 23,963 20,753 63,567 25% PUBLIC UTILITY 3,318 979 1,131 2,187 34% REPAIR/MAINTENANCE 1,000 - - 1,000 0% MISCELLANEOUS 4,900 - 77 4,823 2% $ 508,553 $ 125,953 $ 123,465 $ 385,088 24% FACILITIES MAINTENANCE SALARIES 771,970 204,082 203,281 568,689 26% OVERTIME 7,500 1,097 2,190 5,310 29% BENEFITS 354,520 87,921 84,485 270,035 24% UNIFORMS 3,000 1,668 1,086 1,914 36% SUPPLIES 112,000 33,856 35,839 76,161 32% SMALL EQUIPMENT 3,000 - - 3,000 0% PROFESSIONAL SERVICES 73,000 62,079 21,649 51,351 30% COMMUNICATIONS 16,000 5,788 5,476 10,524 34% TRAVEL 1,000 - - 1,000 0% RENTAL/LEASE 29,050 12,735 6,013 23,037 21% PUBLIC UTILITY 302,937 97,549 94,964 207,973 31% REPAIR/MAINTENANCE 748,722 75,075 73,338 675,384 10% MISCELLANEOUS 5,000 1,203 421 4,579 8% $ 2,427,699 $ 583,052 $ 528,741 $ 1,898,958 22% TOTAL GENERAL FUND EXPENDITURES S 45,790,318 S 10,796,906 S 11,022,804 S 34,767,514 24% 2 16 Packet Pg. 273 I 7.14.a I City of Edmonds, WA Monthly Revenue Summary -General Fund 2021 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 2,287,290 $ 2,287,290 $ 2,740,276 19.80% February 4,613,781 2,326,491 5,089,278 10.31% March 7,107,230 2,493,449 7,050,949 -0.79% April 10,175,039 3,067,809 May 18,374,709 8,199,670 June 20,786,286 2,411,577 July 23,079,988 2,293,702 August 25,616,155 2,536,167 September 27,881,561 2,265,406 October 31,748,856 3,867,296 November 40,108,232 8,359,375 December 42,450,777 2,342,545 City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2021 Real Estate Excise Tax 1 & 2 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 195,748 $ 195,748 $ 625,840 219.72% February 341,557 145,810 922,678 170.14% March 525,343 183,786 1,222,093 132.63% April 697,989 172,646 May 895,413 197,424 June 1,120,061 224,648 July 1,335,075 215,015 August 1,581,214 246,138 September 1,849,736 268,522 October 2,083,774 234,038 November 2,308,787 225,013 December 2,500,000 191,213 *The monthly budget forecast columns are based on a five-year average. 17 Packet Pg. 274 SALES TAX SUMMARY I 7.14.a I Accommodation, $4,648 Clothing and Accessories, $85,464 _ Communications, $63,049 Sales Tax Analysis By Category Current Period: March 2021 Year -to -Date Total $2,350,659 Automotive Repair, Health &Personal Care, $49,406 $63,262 Amusement & $9,859 Construction Trade, Recreation, Business Services, $335,911 $251,489 Gasoline, $9,407 Retail Food Stores, $83,532 WholesaleTrade,J L Retail Automotive, $99,484 $545,460 Manufacturing, $33,298 Misc Retail, $484,456 Others, $44,899 Eating & Drinking, $187,036 Annual Sales Tax Revenue 10,000,000 $8,406,296 $8,452,715 $8,317,046 8,000,000 7 395 114 $6,741,838 $6,905,122 6,000,000 4,000,000 $2,350,659 2,000, 000 0 201 2017 2018 2019 2020 YTD 2021 18 Packet Pg. 275 I 7.14.a I City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2021 Sales and Use Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 661,963 $ 661,963 $ 774,198 16.95% February 1,491,081 829,118 1,647,058 10.46% March 2,110,825 619,744 2,350,659 11.36% April 2,677,870 567,045 May 3,379,279 701,409 June 4,038,220 658,941 July 4,756,025 717,805 August 5,547,915 791,890 September 6,288,480 740,565 October 7,063,515 775,035 November 7,866,501 802,986 December 8,600,000 733,499 Gas Utility Tax Sales and Use Tax 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 / 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget Prior Year City of'Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2021 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 82,557 $ 82,557 $ 84,132 1.91% February 170,654 88,097 172,999 1.37% March 250,947 80,292 269,171 7.26% April 317,447 66,501 May 368,586 51,139 June 403,108 34,522 July 430,884 27,777 August 454,299 23,415 September 475,121 20,822 October 498,594 23,472 November 537,295 38,702 December 595,000 57,705 *The monthly budget forecast columns are based on a five-year average. 19 Packet Pg. 276 I 7.14.a I City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2021 Telephone Utility Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 69,351 $ 69,351 $ 56,592 -18.40% February 138,426 69,074 85,370 -38.33% March 199,085 60,660 140,907 -29.22% April 265,909 66,823 May 325,636 59,728 June 385,177 59,540 July 443,946 58,770 August 501,501 57,554 September 557,882 56,382 October 615,320 57,437 November 665,999 50,679 December 723,000 57,001 Electric Utility Tax 800,000 Telephone Utility Tax 700,000 600,000 500,000 400,000 300,000 / 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget �Prior Year City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2021 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 179,984 $ 179,984 $ 192,356 6.87% February 379,889 199,905 367,328 -3.31% March 546,637 166,748 537,433 -1.68% April 730,293 183,656 May 873,813 143,520 June 997,568 123,755 July 1,114,337 116,769 August 1,230,154 115,816 September 1,342,671 112,517 October 1,453,976 111,305 November 1,576,729 122,753 December 1,710,000 133,271 *The monthly budget forecast columns are based on a five-year average. 20 Packet Pg. 277 I 7.14.a I City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2021 Meter Water Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 779,311 $ 779,311 $ 785,708 0.82% February 1,323,513 544,201 1,376,327 3.99% March 2,123,378 799,865 2,200,360 3.63% April 2,634,733 511,355 May 3,397,533 762,799 June 3,993,888 596,356 July 4,928,107 934,219 August 5,728,520 800,414 September 6,831,863 1,103,343 October 7,628,547 796,684 November 8,538,589 910,042 December 9,090,825 552,236 City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2021 Storm Water Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 384,276 $ 384,276 $ 377,845 6.87% February 1,216,009 831,732 1,205,144 -3.31% March 1,599,504 383,495 1,586,561 -1.68% April 1,939,303 339,799 May 2,323,204 383,901 June 2,663,931 340,727 July 3,048,086 384,154 August 3,880,066 831,980 September 4,263,771 383,706 October 4,604,458 340,687 November 4,988,465 384,006 December 5,316,477 328,012 *The monthly budget forecast columns are based on a five-year average. 21 Packet Pg. 278 I 7.14.a I City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2021 Unmeter Sewer Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 846,742 $ 846,742 $ 806,699 -4.73% February 1,539,036 692,295 1,482,613 -3.67% March 2,387,119 848,083 2,293,552 -3.92% April 3,078,705 691,586 May 3,923,269 844,563 June 4,616,005 692,736 July 5,485,907 869,902 August 6,180,993 695,086 September 7,065,967 884,974 October 7,769,759 703,792 November 8,630,384 860,626 December 9,319,928 689,544 *The monthly budget forecast columns are based on a five-year average. 22 Packet Pg. 279 I 7.14.a I City of Edmonds, WA Monthly Expenditure Report -General Fund 2021 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 4,825,313 $ 4,825,313 $4,488,492 -6.98% February 8,206,527 3,381,214 7,637,016 -6.94% March 11,698,071 3,491,543 11,022,804 -5.77% April 15,169,129 3,471,058 May 18,407,714 3,238,586 June 22,591,319 4,183,605 July 26,440,978 3,849,658 August 30,100,963 3,659,985 September 33,519,437 3,418,474 October 37,289,390 3,769,953 November 41,357,909 4,068,519 December 45,790,318 4,432,409 City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2021 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 2,126,439 $ 2,126,439 $ 2,013,112 -5.33% February 2,957,339 830,899 2,845,113 -3.79% March 3,909,781 952,442 3,679,050 -5.90% April 4,736,733 826,952 May 5,415,966 679,234 June 6,873,740 1,457,774 July 7,909,844 1,036,104 August 8,774,178 864,334 September 9,513,240 739,062 October 10,425,754 912,513 November 11,547,839 1,122,086 December 12,881,593 1,333,754 *The monthly budget forecast columns are based on a five-year average. 23 Packet Pg. 280 I 7.14.a I City of Edmonds, WA Monthly Expenditure Report -City Council 2021 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 27,295 $ 27,295 $ 26,808 -1.79% February 57,824 30,529 53,681 -7.17% March 91,440 33,616 83,267 -8.94% April 122,323 30,882 May 163,149 40,826 June 212,026 48,877 July 246,267 34,241 August 293,761 47,494 September 333,076 39,315 October 357,472 24,396 November 393,733 36,262 December 432,478 38,745 City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2021 Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 28,543 $ 28,543 $ 27,531 -3.55% February 58,378 29,835 55,740 -4.52% March 86,855 28,477 83,532 -3.83% April 115,847 28,992 May 144,377 28,530 June 172,357 27,980 July 200,988 28,631 August 230,481 29,494 September 259,088 28,607 October 287,175 28,087 November 315,280 28,104 December 345,501 30,221 Office of Mayor 350,000.00 300,000.00 250,000.00 200,000.00 150,000.00 / 100,000.00 / 50,000.00 0.00 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget - -PriorYear *The monthly budget forecast columns are based on a five-year average. 24 Packet Pg. 281 I 7.14.a I City of Edmonds, WA Monthly Expenditure Report -Human Resources 2021 Human Resources Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 73,271 $ 73,271 $ 75,120 2.52% February 138,790 65,519 132,066 -4.84% March 202,112 63,322 187,141 -7.41% April 262,791 60,679 May 326,332 63,541 June 403,462 77,130 July 464,647 61,185 August 528,490 63,843 September 598,547 70,057 October 664,032 65,485 November 731,681 67,649 December 837,176 105,495 City of'Edmonds, WA Monthly Expenditure Report -Municipal Court 2021 Municipal Court Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 87,732 $ 87,732 $ 93,953 7.09% February 183,658 95,926 183,450 -0.11% March 277,088 93,430 275,717 -0.49% April 372,050 94,962 May 474,182 102,132 June 564,520 90,338 July 657,862 93,341 August 754,726 96,864 September 848,582 93,856 October 947,082 98,500 November 1,039,678 92,596 December 1,157,083 117,405 Municipal Court 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -0---CurrentYeaz Budget �PriorYear *The monthly budget forecast columns are based on a five-year average. 25 Packet Pg. 282 I 7.14.a I City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2021 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 80,002 $ 80,002 $ 43,221-45.98% February 171,172 91,170 85,831-49.86% March 262,430 91,258 130,319-50.34% April 357,508 95,078 May 453,339 95,831 June 545,783 92,444 July 645,125 99,342 August 751,947 106,822 September 843,469 91,522 October 945,696 102,227 November 1,067,925 122,230 December 1,211,100 143,175 City of Edmonds, WA Monthly Expenditure Report -City Clerk 2021 City Clerk Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 72,647 $ 72,647 $ 78,859 8.55% February 132,803 60,156 139,396 4.96% March 194,510 61,706 209,183 7.54% April 259,653 65,143 May 319,306 59,653 June 377,113 57,807 July 440,842 63,728 August 507,499 66,657 September 562,881 55,383 October 619,955 57,074 November 686,148 66,192 December 750,555 64,407 City Clerk 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 26 Packet Pg. 283 I 7.14.a I City of Edmonds, WA Monthly Expenditure Report -Technology Rental Fund 2021 Technology Rental Fund Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 136,016 $ 136,016 $ 117,002 -13.98% February 289,014 152,998 168,294 -41.77% March 384,228 95,214 350,229 -8.85% April 451,482 67,254 May 540,191 88,709 June 631,052 90,861 July 710,229 79,177 August 802,445 92,216 September 897,442 94,997 October 980,269 82,826 November 1,061,491 81,223 December 1,251,409 189,918 Finance Technology Rental Fund 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Finance 2021 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 115,331 $ 115,331 $ 137,736 19.43% February 200,151 84,821 226,074 12.95% March 286,138 85,987 314,260 9.83% April 373,267 87,129 May 460,772 87,505 June 569,205 108,432 July 661,728 92,524 August 746,841 85,112 September 842,777 95,936 October 931,701 88,925 November 1,017,542 85,840 December 1,104,378 86,836 Finance 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O N t9 C O C LL Z. L N 7 Cy N O N t 0 L 27 Packet Pg. 284 I 7.14.a I City of Edmonds, WA Monthly Expenditure Report -City Attorney 2021 City Attorney Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 78,040 $ 78,040 $ 69,941 -10.38% February 1S6,080 78,040 142,526 -8.68% March 234,120 78,040 212,467 -9.25% April 312,160 78,040 May 390,200 78,040 June 468,240 78,040 July 546,280 78,040 August 624,320 78,040 September 702,360 78,040 October 780,400 78,040 November 858,440 78,040 December 936,480 78,040 Police City Attorney 1,000,000 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*-- Current Year Budget � Prior Year City of'Edmonds, WA Monthly Expenditure Report -Police 2021 Cumulative Monthly Budget Forecast Budget Forecast YTD Variance Actuals January $ 947,126 $ 947,126 $ 992,942 4.84% February 1,930,697 983,571 1,856,572 -3.84% March 2,896,412 965,715 2,871,535 -0.86% April 3,871,781 975,369 May 4,836,560 964,778 June 5,863,902 1,027,342 July 6,894,593 1,030,691 August 7,839,959 945,366 September 8,832,724 992,765 October 9,918,648 1,085,924 November 11,166,118 1,247,470 December 12,197,271 1,031,153 *The monthly budget forecast columns are based on a five-year average. Z$ Packet Pg. 285 I 7.14.a I City of Edmonds, WA Monthly Expenditure Report -Development Services 2021 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 254,657 $ 254,657 $ 219,157 -13.94% February 534,741 280,085 448,394 -16.15% March 813,721 278,980 690,769 -15.11% April 1,110,806 297,085 May 1,411,966 301,160 June 1,689,563 277,597 July 1,989,559 299,996 August 2,296,004 306,445 September 2,592,610 296,606 October 2,882,684 290,074 November 3,219,584 336,900 December 3,566,238 346,654 Parks &z Recreation Development Services 3,600,000 3,200,000 2,800,000 2,400,000 2,000,000 1,600,000 1,200,000 800,000 400,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --0-- Current Yeaz Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2021 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 314,099 $ 314,099 $ 308,283 -1.85% February 640,220 326,122 655,977 2.46% March 986,862 346,642 971,861 -1.52% April 1,346,965 360,102 May 1,718,645 371,680 June 2,092,221 373,576 July 2,562,566 470,345 August 3,104,055 541,489 September 3,543,355 439,300 October 3,919,510 376,155 November 4,246,985 327,475 December 4,645,781 398,796 Parks & Recreation 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. 29 Packet Pg. 286 I 7.14.a I City of Edmonds, WA Monthly Expenditure Report -Public Works Administration 2021 Public Works Administration Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 41,785 $ 41,785 $ 40,605 -2.82% February 84,383 42,598 81,720 -3.16% March 126,606 42,223 123,465 -2.48% April 169,031 42,425 May 211,539 42,508 June 254,896 43,358 July 298,440 43,543 August 340,623 42,183 September 382,623 42,000 October 423,711 41,088 November 465,344 41,633 December 508,553 43,209 Facilities Maintenance Public Works Administration 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2021 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 166,680 $ 166,680 $ 142,909 -14.26% February 346,708 180,027 294,332 -15.11% March 529,946 183,238 528,741 -0.23% April 702,232 172,286 May 888,675 186,443 June 1,037,310 148,634 July 1,216,290 178,980 August 1,406,137 189,848 September 1,612,152 206,015 October 1,886,923 274,771 November 2,112,684 225,761 December 2,427,699 315,015 *The monthly budget forecast columns are based on a five-year average. 30 Packet Pg. 287 I 7.14.a I City of Edmonds, WA Monthly Expenditure Report -Engineering 2021 Engineering Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 211,557 $ 211,557 $ 218,316 3.20% February 421,058 209,501 436,144 3.58% March 649,561 228,503 661,498 1.84% April 886,152 236,591 May 1,124,971 238,819 June 1,364,775 239,803 July 1,608,706 243,931 August 1,859,537 250,831 September 2,090,173 230,636 October 2,325,192 235,019 November 2,546,320 221,128 December 2,778,432 232,112 *The monthly budget forecast columns are based on a five-year average. F O N C fC C LL i N M 3 CY r N O N t V L 31 Packet Pg. 288 I 7.14.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of March 31, 2021 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Price Maturity Value Value Date Rate First Financial CD 3,000,000 0.03 3,000,000 3,000,000 04/10/21 2.86% Port of Seattle WA Bonds 273,305 0.08 270,000 270,427 05/01/21 2.23% Grant Cnty WA Bonds 410,553 0.76 405,000 409,880 01/01/22 1.79% FFCB Bonds 1,998,548 1.21 2,000,000 2,042,980 06/14/22 1.88% Energy Northwest Bonds 1,466,077 1.25 1,345,000 1,426,776 07/01/22 5.00% Energy Northwest Bonds 260,748 1.25 250,000 258,133 07/01/22 2.95% Mason & Kitsap Cnty WA Bonds 948,084 1.67 855,000 922,502 12/01/22 5.00% Grant Cnty WA Bonds 1,517,955 1.76 1,500,000 1,533,525 01/01/23 1.54% Grant Cnty WA Bonds 576,332 1.76 520,000 563,482 01/01/23 5.00% Seattle WA Muni Bonds 2,224,500 1.84 2,000,000 2,177,140 02/01/23 5.00% FHLB Bonds 1,996,590 2.52 2,000,000 1,998,118 10/05/23 0.22% First Financial - ECA CD 2,803,516 2.63 2,803,516 2,803,516 11/15/23 2.08% Kent WA Bonds 286,648 2.67 250,000 281,243 12/01/23 5.00% Spokane County WA Bonds 259,075 3.67 250,000 262,033 12/01/24 2.10% First Financial - Waterfront Center CD 2,000,000 6.59 2,000,000 2,000,000 11/01/27 0.25% TOTAL SECURITIES 20,021,929 1.98 19,448,516 19,949,754 Washington State Local Gov't Investment Pool 20,468,490 20,468,490 Demand 0.11% Snohomish County Local Gov't Investment Pool 25,195,602 25,195,602 Demand 1.35% TOTAL PORTFOLIO Port of Issuer Diversification Seattle WA Kent WA, Seattle Muni, 10% 1% 1% Mason & . , KitsapCnty First WA, 4% Financial Grant Cnty J WA, 12% FFCB, 10% Energy Northwest, 8% CD, 40Y FHLB, pokane 10% County WA, 1% $ 65,112,608 $ 65,613,846 Cash and Investment Balances Checking, (in $ Millions) — $4.0 , 6% Bonds, $11.6, 17% CD's, $7.8, State LGIP, 11°% $20.5, 30% County LGIP, E 32 Packet Pg. 289 1 I 7.14.a I INVESTMENT PORTFOLIO SUMMARY Annual Interest Income $1,400, 000 low: $1,200,000 $1,236,875 $1,000,000 $947,931 $800,000 $635,781 $600,000 423,799 $400,000 $230,620 $200,000 $- 2016 2017 2018 2019 2020 YTD 2021 1.5 1.3 1.0 0.8 % 0.5 0.3 0.0 Edmonds Rate of Return Compared to Benchmark (Rolling 12 months) - - - 6 Month Treasury Rate (Benchmark) City Blended Rate April June $ 6,000, 000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000, 000 ----------------------------------- August October December February Maturity Distribution and Rate of Return 5.00% 4.00% 3.00% 2.00% 1.00% 0.00% 0-6 Mo 6-12 12-18 18-24 24-30 30-36 36-42 42-48 48-54 54-60 60-66 66-72 72-78 78-84 Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo 33 Packet Pg. 290 1 7.14.a GENERAL FUND OVERVIEW BALANCES CHANGE IN FUND BALANCES GENERAL FUND ---- ACTUAL ---- ---- ACTUAL ---- & SUBFUNDS 3/31 /2021 3/31 /2021 Q1 YTD Fund Balance Cash Balance 0 a 001-General Fund ' $ 9,896,175 $ 4,073,968 $ (3,971,855) $ (3,971,855 W 009-Leoff-Medical Ins. Reserve 432,720 449,207 (104,456) (104,456 012-Contingency Reserve Fund 1,782,149 1,565,150 - - 014-Historic Preservation Gift Fund 17,188 17,189 - - 016-Building Maintenance 210,221 210,221 ii - - 017 - Marsh Restoration & Preservation 864,616 864,616 - - 018 -Edmonds Homelessness Response 123,581 123,581 - - 0 019 - Edmonds Opioid Response 28,445 28,445 - - CY r Total General Fund & Subfunds $ 13,355,096 $ 7,332,375 $ (4,076,312) $ (4,076,312 c *$2,000,000 of the General Fund Balance has been assigned by management for the development of Civic Field. L *$7,267,031of the fund balance in Fund 001 added to the $1,768,863 balance in Fund 012, represent the required 20% ' operating reserve. V_ 0 Q. a� GOVERNMENTAL FUNDS OVERVIEW U_ , L L CHANGE IN FUND �° 3 FUND BALANCES BALANCES r GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- N 0 FUNDS 3/31 /2021 3/31 /2021 N Q1 YTD Fund Balance Cash Balance General Fund & Subfunds $ 13,355,096 $ 7,332,375 $ (4,076,312) $ (4,076,312 Special Revenue 12,311,244 11,229,861 1,389,484 1,389,484 Q- E Debt Service - - - - 0 U Capital Projects 6,325,291 5,935,247 171,781 171,781 c Total Governmental Funds $ 31,991,631 $ 24,497,483 a� $ (2,515,046) $ (2,515,046 E t c� Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 34 Packet Pg. 291 7.14.a SPECIAL REVENUE FUNDS OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL ---- ---- ACTUAL ---- GOVERNMENTAL SPECIAL REVENUE 3/31/2021 3/31/2021 Q1 YTD Fund Balance Cash Balance 104 - Drug Enforcement Fund $ 74,853 $ 74,465 $ 551 $ 551 0 1 1 1 - Street Fund 821,153 713,571 (265,969) (265,969 y 112 - Combined Street Const/Im prove 2,542,896 1,995,296 472,491 472,491 117 - Municipal Arts Acquis. Fund 680,912 676,308 (1,815) (1,815 v 118 - Memorial Street Tree 20,368 20,231 150 150 120 - Hotel/Motel Tax Revenue Fund 67,356 59,804 435 435 121 - Employee Parking Permit Fund 90,136 89,413 8,137 8,137 >, 122 - Youth Scholarship Fund 13,930 13,838 102 102 y 123-Tourism Promotional Fund/Arts 84,287 81,447 3,949 3,949 M 125 - Real Estate Tax 2 3,176,078 2,861,937 604,096 604,096 CY 126 - Real Estate Excise Tax 1 * 2,789,065 2,484,864 478,897 478,897 N 127 - Gifts Catalog Fund 324,300 322,291 26,236 26,236 N 130- Cemetery Maintenance/Improvement 205,318 204,518 190 190 136 - Parks Trust Fund 167,873 166,748 1,235 1,235 137 - Cemetery Maintenance Trust Fund 1,102,799 1,095,451 12,939 12,939 138 - Sister City Commission 10,440 10,370 77 77 140 -Business Improvement Disrict 46,628 50,258 27,476 27,476 00. 141 - Affordable and Supportive Housing I'd 92,853 92,052 20,307 20,307 142 - Edmonds Cares Fund - 217,000 - - Total Special Revenue $ 12,31 1,244 $ 11,229,861 $ 1,389,484 $ 1,389,484 *$200,000 of the fund balance in Fund 126 has been reserved for Marsh Restoration Funding, as well as $500,000 for the purchase of Open Space. U_ , L ENTERPRISE FUNDS OVERVIEW M r N O N t FUND BALANCES CHANGE IN FUND ---- ACTUAL ---- ---- ACTUAL ---- ENTERPRISE FUNDS 3/31/2021 3/31/2021 Q1 YTD m Fund Balance Cash Balance Q- E 0 421 -Water Utility Fund $ 27,073,456 $ 6,525,748 $ 1,373,804 $ 1,373,804 422 - Storm Utility Fund * 14,985,666 5,741,414 1,394,977 1,394,977 423 - Sewer/WWTP Utility Fund 55,809,642 22,195,500 3,411,214 3,411,214 c� 424 - Bond Reserve Fund 843,964 843,964 3 3 Q 411 -Combined Utility Operation 250 40,950 250 250 Total Enterprise Funds $ 98,712,978 $ 35,347,576 $ 6,180,248 $ 6,180,248 *$250,000 of the Storm Utility Fund Balance has been reserved for Marsh Restoration Funding. *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 35 Packet Pg. 292 7.14.a SUMMARY OVERVIEW CHANGE IN FUND FUND BALANCES BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 3/31/2021 3/31/2021 Q1 YTD Fund Balance Cash Balance 0 Governmental Funds $ 31,991,631 $ 24,497,483 $ (2,515,046) $ (2,515,046 Enterprise Funds 98,712,978 35,347,576 6,180,248 6,180,248 Internal Services Fund 9,986,167 5,456,664 31,748 31,748 c Agency Funds 109,278 110,816 (25,838) (25,838 LL Total City-wide Total $ 140,800,054 $ 65,412,539 $ 3,671,1 12 $ 3,671,112 >, a� M C'J INTERNAL SERVICE FUNDS OVERVIEW r N N L C� G 0 N� FUND BALANCES CHANGE IN FUND Fa BALANCES INTERNAL SERVICE ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 3/31/2021 3/31/2021 Q1 YTD L+ Fund Balance Cash Balance a� 511 - Equipment Rental Fund $ 9,180,375 $ 4,756,091 $ 76,580 $ 76,580 = CY 512 -Technology Rental Fund 805,792 700,573 (44,832) (44,832 N 0 Total Internal Service Funds $ 9,986,167 $ 5,456,664 $ 31,748 $ 31,748 t V L C� G d d Q E 0 U c E t ca Q *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 36 Packet Pg. 293 Monthly Budgetary Financial Report 3 Months Ended March 31, 2021 May 11 Finance Committee Meeting w L 0 Q a) w .0 LL L r L V N O N L V L U r Packet Pg. 294 What's happening in the Finance Department? • ARPA Funds to be released soon, likely in the next 3-4 weeks we should get the first half of $9.3 million in stimulus funding coming our way. • Budget Retreat last Saturday— lots of good comments, some good suggestions made on how we can improve the calendar and overall scheduling. • We are discussing the possible refunding of Sewer Revenue bonds this year. More about this in a few minutes. • The annual SAO Audit officially began last week. • Two job description updates — Systems Support Technician and Deputy Administrative Services Director — discussed earlier tonight in PPP committee. • First three months have gone according to budget, nothing negative to report. 0� EbM v 0�0 r Packet Pg. 295 Real Estate Excise Tax 1 & 2 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 155,742 $ 195,748 $ 625,940 219.72% 341,557 145,910 922,678 170.14Y, 525,343 153,786 1,222,093 132.63% 697, 9 S 9 172,646 895,413 197,424 1,12 0, 061 224,648 1,335,075 215,015 1,581,214 246,119 1,849,736 269,522 2,083,774 234,018 2,308,757 225,013 2,500,OOb 191,213 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast ActuaIs % 562,963 5 661,963 $ 774,199 16.95% 1,491,081 529,118 1,647,058 10.46% 2,110,525 619,744 2,350,559 11.36% 2,677,570 567,045 3,379,279 701,409 4,038,220 658,941 4,756,025 717,605 5,547,915 791,890 6,288,490 740,565 7,063,515 775,035 7,866,501 802,986 8,600,000 733,499 Real Estate Excise Tax 1 & 2 3. 500,000 3,000,000 2,500,000 Z000,000 1,500,040 1,000,000 SOO,CUO 0 .TAN FEB MAR APR _MAY JUN JUL AUG SEP OCT NOV DBC ---P--CurreutYear -Budget Prior Year Sales and Use Tax 9,000,OOo 8,000,OOo 7,000,00C 000,000 5,000,00C 4,000,00C 3,000,OOo 2,000 Wo 1,000,000 0 JAM FEB �iAA APR MAY JUN JUL AUa 5EP OCT NCP%F DEC - Crient Year -Budget Prior Year Pages 17 and 19 in your May 11 Council Packet, respectively pF Eb4f �� 0�O .r r C w Q Packet Pg. 296 Questions? Thank you. w L 0 Q a) w .0 LL L r L V r N O N L V L. CU -071 d E L OV F.C)M v O �C � � r Packet Pg. 297 7.14.c GENERAL FUND CHANGES IN FUND BALANCE 2020 2021 2016 2017 2018 2019 2020 (Jan -March) (Jan -March) Beginning Fund Balance 9,359,435 9,841,718 10,273,343 11,233,278 15,552,188 15,552,188 13,868,031 Revenue Taxes Licenses and permits Intergovernmental Charges for services Fines and forfeitures Investment earnings Miscellaneous Operating Revenues Nononeratine Revenues Transfers in Debt proceeds Sale of capital assets Insurance recoveries Total Revenue Expenditures General government Public safety Transportation Economic environment Mental and physical health Culture and recreation Debt service Capital outlay 29,403,794 29,572,203 30,755,578 30,846,665 30,738,451 4,918,505 4,734,587 2,269,313 2,506,800 2,401,855 2,299,972 2,276,861 703,959 555,153 1,261,998 890,572 1,014,434 1,008,432 1,633,633 184,175 607,758 5,403,786 5,463,913 5,810,961 6,419,836 5,412,044 1,040,334 930,658 522,051 459,929 616,783 496,093 287,693 92,748 87,542 (26,712) 154,739 273,226 573,806 264,916 87,168 73,213 441,432 471,675 931,495 587,882 322,816 73,704 62,038 39,275,661 39,519,831 41,804,331 42,232,687 40,936,415 7,100,593 7,050,949 82,695 26,300 75,884 4,793,650 1,535,800 - 549,095 - - - - 58,451 7,143 5,273 - - - 15,570 - 16,977 - - 39,965,902 39,553,274 41,901,058 47,026,337 42,489,192 7,100,593 7,050,949 9,969,187 9,714,867 10,288,694 11,565,563 12,302,936 3,220,393 3,311,792 20,128,896 22,228,871 22,585,212 23,036,185 23,760,951 6,192,102 6,259,160 3,600 3,600 4,779 5,012 5,012 1,671 1,253 1,313,430 1,551,152 1,460,763 1,562,702 1,675,334 399,645 425,657 70,814 126,791 178,859 164,888 357,808 15,323 3,053 3,773,633 3,959,731 4,331,806 4,158,397 3,732,644 958,719 1,021,889 196,663 198,361 197,694 197,967 296,624 9,053 - 56,662 90,573 93,105 110,935 835,049 - - Operating Expenditures 35,512,885 37,873,946 39,140,912 40,801,649 42,966,358 10,796,906 11,022,804 Nononeratine Expenditures Transfers out 3,414,141 1,247,703 1,800,212 1,905,778 1,206,990 - Debt refunding 556,593 - - - - - Total Expenditures 39,483,619 39,121,649 40,941,124 42,707,427 44,173,348 10,796,906 11,022,804 Prior Period Adjustments - - - - - Change in position 482,283 431,625 959,934 4,318,910 (1,684,157) (3,696,313) (3,971,855) Ending Fund Balance 9,841,718 10,273,343 11,233,278 15,552,188 13,868,031 11,855,875 9,896,176 ON O a� c ca c ii , L L 3 CY N O N t V L C� G J 06 d N O N L V L C� G i d i Q R:\Finance Committee\2021\Jan-March 2021 P&L Revised 5/13/2021 Packet Pg. 298 7.15 City Council Agenda Item Meeting Date: 05/18/2021 PC Support Technician Job Description Update Staff Lead: Brian Tuley Department: Information Services Preparer: Scott Passey Background/History This item was presented at the 5/11 Planning, Public Safety and Personnel (PPSP) Committee. Staff Recommendation Approve updated job description on the consent agenda. Narrative N/A Attachments: PC_Support_Technician_ Systems_S u p po rt_Te c h n i c i a n_d ra ftV 1 Packet Pg. 299 7.15.a City of EDMONDS Washington PC Support Technician Department: Information Technology Pay Grade: NE 9 Bargaining Unit: SEIU FLSA Status: Non -Exempt Revised Date: January 2014 Reports To: Information Systems Supervisor POSITION PURPOSE: Under general direction of Information Services Supervisor, responsible for installation, maintenance, and support services related to the City's information services infrastructure, including: software applications, systems software and voice systems communication equipment. Installs, configures, administers and provides support for applications as well as basic level user support, technical assistance and training in the use of the computer systems, equipment and software; diagnoses problems and determines appropriate action. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by ah employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. Provides first line computer problem solving and technical support for the use of City-wide information system programs by providing customer service, technical assistance, and training to City staff on PC hardware, operating systems, and software. Install and/or upgrades systems and application software. Tasks include: troubleshooting and correcting hardware and software problems, installation and/or movement of: PC's and peripheral equipment, standard software and operating systems (including PCs, printers, LAN and network equipment). • Tracks calls for assistance and performs testing and evaluations on server, storage and PC hardware and software applications. • Troubleshooting problems with workstations, applications and desktop computer systems and peripheral devices; makes needed repairs and adjustments. • Performs configuration and imaging of systems; administers, configures changes and performs upgrades to applications and operating systems. • Installs and/or upgrades systems and application software; serves as internal helpdesk for users. • Installs and administers client & server applications and trains users and provides customer service, technical assistance and training to the City Staff on the PC hardware, operating systems and application software. • Coordinates and provides individual and small group training on new and existing software applications. • Assists individuals with core application needs such as: office productivity applications (Word, EXCEL, PowerPoint), GIS data & maps, databases, the internet, website maintenance, graphics, file recovery, telephones and related uses. • Troubleshoots and corrects hardware and software problems including: printers, modems, servers, PC's, standard software, operating systems, LAN and network equipment. Part Time IT Assistant Packet Pg. 300 7.15.a JOB DESCRIPTION PC Support Technician • Works with other IT staff to solve problems in advance and installs or moves PC's and peripheral equipment. • Performs or assists in periodic system maintenance including: backup, security, disc space management and monitoring LAN performance. • Operates computer and office equipment as well as various audio/visual equipment for presentations and performs routine maintenance on City GIS data and websites; assists staff with design and changes to maps and on website operations. • Provides support to the Department on matters as directed; also may serve as staff on a variety of committees. • Attends and participates in professional group meetings; maintains awareness of new trends and developments in the fields related to area of assignment and incorporates new developments as assigned. • Performs other duties as assigned. Required Knowledge of: • Must know PC operating systems, Windows and basic Linux. • PC diagnostic software and virus checking software. • Microsoft Office software applications: Outlook, Word, EXCEL and PowerPoint. • ESRI GIS. • Working knowledge of databases. • Scripting languages • Must be comfortable with PC hardware, tablets, smartphones, printers, scanners, peripherals, telephones and A/V equipment. • Familiarity with Open Source concepts preferred. • Providing technical support to users. • Networking fundamentals such as: IP addressing, Ethernet, Fiber connections, switches and routers Required Skill in: • Must have the ability to analyze problems, identify and provide clear solutions and communicate technical information to a wide variety of persons. • Meeting schedules and timelines by planning and organizing work; prioritizing tasks and using time effectively. • Working both independently and in a team setting. • Interpersonal skills using tact, patience and courtesy so as to establish and maintain effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Excellent oral and written communication skills to communicate effectively. • Mechanical skills related to maintenance and setup of computers, networks, storage, telephony and A/V equipment. MINIMUM QUALIFICATIONS: Education and Experience: Degree in Information Technology, Computer Science or related field and two years of experience that includes work with database concepts, application programming, systems design, networking, PC troubleshooting, user support and Microsoft Office applications; OR an equivalent combination of education, training and experience. PC Support Technician Janijary Packet Pg. 301 7.15.a JOB DESCRIPTION PC Support Technician Required Licenses or Certifications: • Valid Washington State driver's license. Must have a clean driving record; any offer of employment conditional subject to proof of a current, clean driving record in compliance with the City's insurance guidelines. • Must be able to pass a background check. WORKING CONDITIONS: • Indoor work environment. • Constant interruptions. • Driving a vehicle to conduct work. • This position works a regular schedule; however incumbents may be required to work some holiday, evening and/or weekend hours to respond to emergencies and/or to implement specific projects. Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information and make presentations in person or on the phone. • Seeing to read a variety of materials. • Dexterity of hands and fingers to operate a computer keyboard and various tools. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Bending at the waist, reaching overhead, above the shoulders and horizontally, stooping, kneeling, crouching, crawling, or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise moving or transporting PC's, monitors and associated equipment during the installation or maintenance of such equipment up to 50 pounds. Hazards: • Contact with angry and/or dissatisfied customers. • Exposure to computer glare and long periods of exposure to computer monitors. • Exposure to heavy dust in some work areas. • Occasional exposure to toxic or caustic chemicals, i.e. copier toner. Incumbent Signature: Date: PC Support Technician Janijary Packet Pg. 302 7.15.a JOB DESCRIPTION PC Support Technician Department Head: Date: .r Q PC Support Technician J Packet Pg. 303 7.15.b City of EDMONDS Washington SYSTEMS SUPPORT TECHNICIAN :r. Department: Information Technology Pay Grade: NE 12 Bargaining Unit: AFSCME FLSA Status: Non -Exempt Revised Date: March 2021 Reports To: Information Services Manager POSITION PURPOSE: Under general direction of Information Services Manager, responsible for installation, maintenance, and support services related to the City's information services infrastructure, including; software applications, systems software and voice systems communication equipment. Installs, configures, administers and provides support for applications as well as basic level user support, technical assistance and training in the use of the computer systems, equipment and software; diagnoses problems and determines appropriate action. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by alp employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. Provides first line computer problem solving and technical support for the use of City-wide information system programs by providing customer service, technical assistance, and training to City staff on PC hardware, operating systems, and software. Install and/or upgrades systems, servers, and application software including operating system. Tasks include: troubleshooting and correcting hardware and software problems, installation and/or movement of: PC's and peripheral equipment, standard software and operating systems (including PCs, printers, LAN and network equipment), install image management. • Tracks calls for assistance and performs testing and evaluations on server, storage and PC hardware and software applications. • Troubleshooting problems with workstations, applications and desktop computer systems and peripheral devices; makes needed repairs, adjustments and replacements. • Performs configuration and imaging of systems; administers, configures changes and performs upgrades to applications and operating systems. • Install and configure new systems and upgrades of hardware and software; serves as internal helpdesk for users. • Ensures latest OS and application patches are tested and deployed • Installs and administers client & server applications and trains users and provides customer service, technical assistance and training to the City Staff on the PC hardware, operating systems and application software. • Administers Active Directory groups, users and polices to ensure efficient and secure network object utilization • Assists individuals with core application needs such as: office productivity applications (Word, EXCEL, PowerPoint, etc), GIS data & maps, databases, the internet, website maintenance, graphics, file recovery, telephones and related uses. Part Time IT Assistant Packet Pg. 304 7.15.b JOB DESCRIPTION Systems Support Technician • Troubleshoots and corrects hardware and software problems including: printers, modems, servers, PC's, standard software, operating systems, LAN and network equipment. • Works with other IT staff to solve problems in advance and installs or moves PC's and peripheral equipment. • Performs or assists in periodic system maintenance including: backup, security, disc space management, and system patch management • Operates computer and office equipment as well as various audio/visual equipment for presentations and performs routine maintenance on City GIS data and websites; assists staff with design and changes to maps and on website operations. • Provides support to the Department on matters as directed; also may serve as staff on a variety of committees. • Attends and participates in professional group meetings; maintains awareness of new trends and developments in the fields related to area of assignment and incorporates new developments as assigned. • Performs other duties as assigned. Required Knowledge of: • Must know Windows workstation and server operating systems. • PC diagnostic software and virus checking software. • Microsoft Office software applications: Outlook, Word, EXCEL and PowerPoint. • Operating System package deployment tools • Scripting languages • Must be comfortable with PC hardware, tablets, smartphones, printers, scanners, peripherals, telephones and A/V equipment. • Active Directory and group policy management. • Providing technical support to users. • Networking fundamentals such as: IP addressing, Ethernet, Fiber connections, switches and routers Required Skill in: • Must have the ability to analyze problems, identify and provide clear solutions and communicate technical information to a wide variety of persons. • Meeting schedules and timelines by planning and organizing work; prioritizing tasks and using time effectively. • Working both independently and in a team setting. • Interpersonal skills using tact, patience and courtesy so as to establish and maintain effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Excellent oral and written communication skills to communicate effectively. • Mechanical skills related to maintenance and setup of computers, networks, storage, telephony and A/V equipment. MINIMUM QUALIFICATIONS: Education and Experience: Degree in Information Technology, Computer Science or related field and two years of experience that includes work with database concepts, application programming, systems design, networking, PC troubleshooting, user support and Microsoft Office applications; OR an equivalent combination of education, training and experience. PC Support Technician Janijary Packet Pg. 305 7.15.b JOB DESCRIPTION Systems Support Technician Required Licenses or Certifications: • Valid Washington State driver's license. Must have a clean driving record; any offer of employment conditional subject to proof of a current, clean driving record in compliance with the City's insurance guidelines. • Must be able to pass a background check. WORKING CONDITIONS: • Indoor work environment. • Constant interruptions. • Driving a vehicle to conduct work. • This position works a nonstandard work week. Hours and days are subject to determination at time of hire. Incumbents will be required to work some holiday, evening and/or weekend hours to respond to emergencies and/or to implement specific projects. Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information and make presentations in person or on the phone. • Seeing to read a variety of materials. • Dexterity of hands and fingers to operate a computer keyboard and various tools. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Bending at the waist, reaching overhead, above the shoulders and horizontally, stooping, kneeling, crouching, crawling, or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise moving or transporting PC's, monitors and associated equipment during the installation or maintenance of such equipment up to 50 pounds. Hazards: • Contact with angry and/or dissatisfied customers. • Exposure to computer glare and long periods of exposure to computer monitors. • Exposure to heavy dust in some work areas. • Occasional exposure to toxic or caustic chemicals, i.e. copier toner. Incumbent Signature: Department Head: Date: Date: PC Support Technician January Packet Pg. 306 8.1 City Council Agenda Item Meeting Date: 05/18/2021 Public Hearing for the 2022-2027 Six -Year Transportation Improvement Program Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History Item discussed at the Parks and Public Works Committee Meeting on 5/11/2021. Staff Recommendation Consider public comment and discuss possible changes and/or approve the 2022-2027 Six- Year Transportation Improvement Program. Narrative The Six Year Transportation Improvement Program (TIP) is a transportation planning document that identifies funded, partially funded, and unfunded projects that are planned or needed over the next six calendar years. The TIP also identifies the expenditures and secured or reasonably expected revenues for each of the projects included in the TIP. The City practice in preparing the TIP each year has been to keep it financially constrained the first 3 years (2022-2024), but not the last 3 years (2025-2027). RCW 35.77.010 requires each city to update and adopt their TIP prior to July 1st. A copy of the adopted TIP will be submitted to Puget Sound Regional Council, Washington State Department of Transportation, and adjacent jurisdictions after City Council approval. Some of the projects in the TIP are shown as funded through secured or unsecured Federal / State grants, as well as from the local funds. Due to a shortfall in transportation funding, a number of unsecured State and Federal transportation grants have been programmed to fund projects beginning in 2025. Most transportation grants are competitive, and the success of how many grants are secured in the future will depend on other transportation needs and funding requests in the region. Projects not identified in this document may not be eligible for Federal / State funding. Attachments: Exhibit 1- 2022-2027 TIP_ Presentation Exhibit 2 - 2022-2027 TIP Packet Pg. 307 8.1.a Public Hearin Fnfinn Im (2022-2027 TIP) am May 18, 2021 Bertrand Hauss, PE Transportation Engineer Packet Pg. 308 8.1.a Outline Introduction I. Construction projects in 2021 II. Scheduled Construction projects (zozz / zoz3) Ill. Other projects identified in TIP IV. Recently secured grants Conclusion Packet Pg. 309 8.1.a Washington State Puget Sound Regional Council Department of Transportation psis :,.q Introduction Revised Code of Washington (RCW) requires that each city update their TIP by July iSt Document contains all significant transportation projects that a City possibly plans to undertake in the next six years. City of Edmonds policy: TIP financially constrained first (3) years Federal Grants, State Grants, and Local funds are programmed as revenue source for TIP projects. Packet Pg. 310 8.1.a I. Construction Projects in 2021 Annual Street Preservation Program (Project #1) Project Details -- (5) lane miles of variable depth overlay along local streets throughout the City (11) curb ramps upgrades (completed by City crews) Annual Funding Goal: $z Million per year Schedule Summer zoz1 Funding Local funds Utility Funds $841,000 $310,000 r c a� O L cQ G r- 0 L X_ N O N N N O y L IL i IL N O N N N O N L X W E w a Packet Pg. 311 8.1.a Citywide Pedestrian Crossing Enhancements (Project #24) - Project Description Complete Citywide pedestrian crossing enhancements at (9) locations, with the following: * Rapid Rectangular Flashing Beacons (RRFB's) at (7) intersections * HAWK signal (SR-524 a@ 84t" Ave. W) * Fully actuated traffic signal (SR-104 @a 232nd St. SW) - Schedule Design ROW Construction April 2o18 - November 2020 April 2019 - April zozo March 2021 — Summer 2021 - Funding Federal Grant (Safe Routes to School Program/ TIB) $1,576,000 Local funds (125/126) Utility funds $663,000 $51,000 r- O w N L IL i a N O N N N O N x W c a� r a Packet Pg. 312 8.1.a Traffic Calming Program (Project #44) - Project Description • Installation of traffic calming devices along certain stretches (based on results from evaluation) - Schedule - Construction - Funding - Local Funds Summer / Fall 2021 $33,000 (2021 Budget) Packet Pg. 313 8.1.a II. Scheduled Construction projects (2022 / 2023) 76t" Ave. W Overlay from 196t" St. SW to OVD (Project #2) - Project Description • 2 overlay with ADA curb ramps upgrades • Evaluate addition of mid -block crossing with RRFB's • Evaluate addition of northbound bike lane (currently sharrows) • City of Lynnwood funding east side of corridor - Schedule - Design - Construction - Funding - Local Funds Secured grant City of Lynnwood 2021 Spring / Summer 2022 $429,000 $645,000 $881,000 Packet Pg. 314 8.1.a SR-99 Revitalization &Gateway Project -Stage z (Project # 8) Project Description Installation of landscaped raised median along entire corridor from 244t" St. SW to 21ot" St. SW with (131) trees * HAWK signal 40o' north of 234t" St. SW Gateway signs on both ends of corridor Schedule Design 2020-2021 Construction 2022 Funding Connection Washington $8,210,000 Local funds $290,000 Before After Packet Pg. 315 8.1.a Citywide Bicycle r E Improvements project Q (Project #43) 0 • Project Description = L O Q L • Install sharrows along 80t" Ave. W from 228t" St. SW to 220t" St. SW =y x U) • Install bike lanes along key corridors Edmond" N CD • 100t" Ave. W / 9th Ave. S from Transit �...�...,,.,.. Downtown � ron Wk �`"' 04 N 238t" St. SW to Walnut St.;Cent. Q _° r Edmonds 'dPo'' N • Bowdoin Way from 9t" Ave. S to .o 84t" Ave . W; and : L • 228t" St. SW from 78t" Ave. to L.L. 80t" Ave. W. pmk ��-� - ai % -.d Westgatez; F- Schedule " Mixed Use N CD • Design 2020 / 2021 N • Construction 2022 IV ' Firdale Village °an.r4di.r: Mixed Use } • Funding .,...... r..�.... W • Sound Transit Access grant • $1.85 MILLION (100% funds) w a Packet Pg. 316 8.1.a Elm Way Walkway from 8t" Ave. (Project #27) S to 9t" Ave. S - Project Description • Identified as Short Walkway #6 in 2015 Transportation Plan • Complete missing sidewalk links (N 700' new sidewalk on south side of street) • ADA curb ramp upgrades • - Schedule - Design Spring 2021 — Spring 2022 - Construction Summer 2022 - Funding - Local funds $716,000 - Stormwater funds (Fund 422) $402,000 Packet Pg. 317 8.1.a 11. Other ,projects in 2022-2027 TIP a. Corridor Improvements 2281h St. SW from Highway 99 to 95th Pl. W (Project #13) SR-99 Revitalization (Project #9) SR-99 Revitalization from 220th to 224th (Project #10) SR-99 Revitalization from 244th to 238th (Project #11) b. Pavement Preservation Annual Street Preservation (Project #1) Main St. from 6th Ave. to 8th Ave. (Project #3) c. Signal Upgrades Puget Dr. @ OVD (Project #5) 238th St. SW @ 100th Ave. W (Project #6) Main St. @ 3rd Ave. (Project # 7) 2025-2027 2025-2027 2022-2027 2022-2027 2022-2027 2023-2024 2025-2026 2025-2026 2026-2027 Packet Pg. 318 8.1.a d. Intersection Improvements 76th Ave. W @ 220th St. SW (Project #12) 196th St. SW @ 88th Ave. W (Project #14) Main St. @ 9th Ave. (Project #15) SR-104 @ 95th Pl. W (Project #22) SR-104 @ 238th St. SW (Project #23) 2021-2025 2025-2027 2025-2026 2025-2026 2025-2026 Packet Pg. 319 8.1.a .d e. Active transportation projects 4t" Ave. Corridor Enhancement Walkway (Project #37) SR-104 @a 76t" Ave. W Non -Motorized Transp. Impr. (Project #39) SR-104 / Pine St. Sidewalk (Project #42) Walkway projects within proximity to schools / parks Maplewood Dr. Walkway (Project #26) Sot" Ave. Walkway from 212nd St. SW to 2o6t" St. SW (Prof. #28) 2022-2026 2025-2026 2025-2026 2025- 2027 2025-2027 Sot" Ave. W Walkway from 1881" St to Olympic View Dr. (Prof. #29) 2025-2026 Packet Pg. 320 8.1.a III. Summary of secured transportation grants (between 2017 and 2021) Project Name Grant Program Citywide Pedestrian Safe Routes to Crossing Enhancement School Phase Design / ROW / Construction Amount Secured $1,576,00 Hwy 99 Revitalization - Connecting Design / ROW / Stage z Washington Construction 8,210,000 Citywide Bicycle Design / Improvements Sound Transit Construction $1,850,000 76t" Ave. W Overlay from Design / 196t" to OVD STP Federal Construction $645,o00 Main St. Overlay from Design / 6th to 8th STP Federal Construction $750,000 Award Date April '17 April '17 November 'i9 November 119 December '20 Packet Pg. 321 8.1.a Proiect Name Grant Program 76th Ave. W @a 22oth St. SW Intersection CMAQ / STP Improvements Federal Amount Phase Secured Design / ROW $1,089,500 SR-104 ITS Adaptive System CMAQ Federal Design $287,000 Hwy 99 Revitalization from 22oth St. SW to 224th St. SW STP Federal Design $1,500,000 Hwy 99 Revitalization from 244th St. SW to 238th St. SW State Funds Design $6,500,000 Award Date November `i 9 / December '20 December '20 April `21 July'21 Tentative Packet Pg. 322 8.1.a TOTAL SECURED TRANSPORTATION GRANT OVER LAST s $22,331,000 Packet Pg. 323 8.1.a Project Name Downtown Lighting 228th St. SW Corridor POSSIBLE SOUND TRANSIT GRANTS Grant Program Sound Transit ST-3 from Hwy 99 to 95th PI W Sound Transit ST-3 Pine / SR-104 Walkway Sound Transit ST-3 Amount Sponsor Phase Requested Response Design / Construction $1,500,000 July'21 Design / Construction $14,700,000 July'21 Design / Construction $3,000,000 July'21 Packet Pg. 324 8.1.a Public Hearin Questions0) 41 C w E a� O L Q E C O r m r_ O 0- 0 C rl- N O N N N 0 N C O C N N N L a i a N O N N N O N .r a Packet Pg. 325 8.1.b City of Edmonds Six Year Transportation Improvement Program (2022-2027) Grant Opportunity Project (2022-2027) Project Name Purpose Phase(s) Total Cost Source(s) 2022 2023 2024 2025 2026 2027 Secured grant funding shown in last ear's TIP Recently secured Grant not shown in last ear's TIP Preservation/Maintenance Projects: 1. Annual Street Preservation Program Grind pavement, overlay, chip seal, and slurry seal Possible Grant & Local Funds Engineering & Construction $8,142,000 (Federal, unsecured) (Fund 125, Fund 126) Local, unidentified $700,000 $700,000 $700,000 $700,000 $2,600,000 $700,000 $2,720,000 $700,000 $2,822,000 $700,000 $2,100,000 $2,800,000 2. 76th Ave. W Overlay from 196th St. SW to Olympic View Dr. Grind pavement, overlay the west side of 76th Ave. W. Lynnwood will be completing the east side of the street within their jurisdiction . Secured Grant & Local Funds Construction $540,000 (Federal, secured) (City of Lynnwood) Local, General Fund $540,000 $731,000 $354,000 $731,000 $354,000 3. Main St. Overlay from 6th Ave. to 8th Ave. Grind pavement, 2" overlay, and curb ramps upgrades Secured grant & Local Funds Engineering & Construction $750,000 (Federal, secured) (State) Local, General Fund $126,000 $31,000 $624,000 $156,000 $0 $187,000 4. Citywide Signal Improvements Upgrade traffic signal cabinets and improve technology Local Funds Engineering & Construction $0 (Federal) (State) (Local, unidentified) $20,000 $20,000 $20,000 $70,000 $70,000 $70,000 $0 $270,000 5. Puget Dr. @ OVD Signal Upgrades Upgrade traffic signal Possible grant & Local Funds Engineering & Construction $265,000 (Federal, unsecured) (State) Local $40,000 $40,000 $225,000 $225,000 $0 $265,000 6. 100th Ave. W @ 238th St. SW Signal Upgrades Rebuild traffic signal system with new signal mast arms and new vehicle detection Possible Grant Engineering & Construction $0 (Federal) (State, unsecured) (Local) $150,000 $700,000 $850,000 $0 7. Main St. @ 3rd Signal Upgrades Upgrade traffic signal Possible grant & Local Funds Engineering & Construction $325,000 (Federal, unsecured) (State) Local $50,000 $50,000 $275,000 $75,000 $0 $125,000 TOTAL $2,345,000 $1,577,000 $1,500,000 $3,600,000 $4,740,000 $3,942,000 Safety / Capacity Protects: 8. SR-99 Revitalization (Initial Project) Install raised median along the entire corridor in order to improve corridor safety (restrict left turns to / from two-way left turn onto private driveways), a HAWK signal, and Gateway Features Secured Grant Design, ROW, and Construction $0 (Federal, unsecured) (State, secured) (Fund 125, Fund 126) $7,415,000 $7,415,000 $0 9. Hwy-99 Revitalization Install wider sidewalks, lighting improvements, capacity improvements, and utility upgrades along entire SR-99 Corridor . Secured Grant, Possible Grant, and Local Funds Engineering ROW, & Construction $0 (Federal, secured) (Federal, unsecured) (Local, Traffic Impact Fee) $2,000,000 $400,000 $2,000,000 $400,000 $2,500,000 $500,000 $6,500,000 $1,300,000 10. Hwy 99 Revitalization from 224th St. SW to 220th St. SW Install wider sidewalks, lighting improvements, capacity improvements, and utility upgrades along Hwy 99 from 224th St. SW to 220th St. SW. Secured Local, Possible Grant, & Local Funds Engineering ROW, and Construction $1,500,000 (Federal, secured) Federal, unsecured) (Local) $500,000 $214,000 $1,000,000 $428,000 $924,000 $145,000 $1,501,000 $234,000 $1,500,000 $234,000 $6,000,000 $1,000,000 $9,925,000 $2,255,000 11. Hwy 99 Revitalization from 244th St. SW to 238th St. SW Install wider sidewalks, lighting improvements, capacity improvements, and utility upgrades along Hwy 99 from 244th St. SW to 238th St. SW Secured Local, Possible Grant, & Local Funds Engineering ROW, and Construction $2,096,000 (Federal, unsecured) (State, Secured) (Local) $650,000 $650,000 $648,000 $100,000 $648,000 $100,000 $800,000 $200,000 $1,300,000 $400,000 12. 76th Ave. W @ 220th St. SW Intersection Improvements Re -design intersection to reduce intersection delay and improve level of service (LOS). Various utility improvements are also included in the project. Secured Grant, Possible Grant, & Local Funds Design, ROW, & Construction $5,500,000 (Federal, unsecured) (Federal,secured) (Local) $351,000 $74,000 $535,000 $257,500 $184,000 $183,500 $5,500,000 $737,000 $1,070,000 $1,252,000 13. 228th St. SW Corridor imrpovements from Hwy. 99 to 95th PI. W Widen roadway to add two-way left turn lane along stretch or left turn lanes at specific intersections. Install sidewalk and bike lanes. Possible grant Engineering, ROW, & Construction $0 (Federal) (Sound Transit, unsecured) Local $1,000,000 $1,700,000 $12,000,000 $14,700,000 $0 14. SR 524 (196th St. SW) @ 88th Ave W. Intersection Improvements Design intersection improvements and addition of guardrail on the west side of intersection due to 12' vertical drop (grade. adjustment to improve sight distance to be considered). Possible Grant & Local Funds Engineering $0 (Federal) (State, unsecured) Local, traffic impact fees $150,000 $88,000 $150,000 $88,000 ROW acquisition ROW $0 (Federal) (State, unsecured) Local $108,000 $108,000 $108,000 $108,000 Complete intersection improvements Construction $720,000 (Federal, unsecured) (State) Local $720,000 $0 $0 15. Main St. @ 9th Ave. Installation of traffic signal or mini -roundabout. Possible grant & Local Funds Engineering & Construction $588,000 (Federal, unsecured) (State) Local, Traffic Im act Fees $88,000 $88,000 $500,000 $500,000 $0 $588,000 E cv L O d .r C N E d O E C O O CL C 1- L M d K N N 0 N N N O N a ti N 0 N N N 0 N N r� Z t K W C d E z t� to r Q Page 1 Packet Pg. 326 8.1.b City of Edmonds Six Year Transportation Improvement Program (2022-2027) Project Name Purpose Grant Opportunity Project Phase(s) (2022-2027) Total Cost Source(s) 2022 2023 2024 2025 2026 2027 16. Hwy. 99 @ 212th St. SW Intersection Improvements Widen 212th St. SW to add a WB and EB left turn lane. Provide protected / permissive left turn phasing for both movements shared jurisdiction with City of Lynnwood) Possible Grants & Local Funds Engineering, ROW, & Construction (Federal) (State) Local project costs included in Hwy 99 Gateway / Revitalization project 17. Hwy. 99 @ 216th St. SW Intersection Improvements Widen 216th St. SW to add a WB and EB left turn lane. Provide protected / permissive left turn phasing for both movements. Possible Grants & Local Funds Engineering, ROW, & Construction (Federal) (State) Local project costs included in Hwy 99 Gateway / Revitalization project 18. Hwy. 99 @ 220th St. SW Intersection Improvements Widen 220th St .SW to add westbound right turn lane and Hwy. 99 to add 2nd southbound left turn lane. Possible Grants & Local Funds Engineering, ROW, & Construction (Federal) (State) Local project costs included in Hwy 99 Gateway / Revitalization project 19. SR-104 ITS Adaptive System Install ITS Adaptive System along SR-104 from 95th PI W to 226th St. SW Secured Grants, Possible Grants, & Local Funds Engineering, ROW, & Construction $287,000 (Federal, secured) (Federal, unsecured) (State, unsecured) Local $287,000 $123,000 $1,700,000 $255,000 $1,700,000 $0 $378,000 20. SR-104 @ 226th St. SW / 15th St. SW Intersection Improvements Extend SR-104 Westbound left turn lane and complete bicycle improvements with traffic signal improvements. Possible Grants & Local Funds Engineering, & Construction $220,000 (Federal, unsecured) (State) Local $20,000 $20,000 $200,000 $0 $20,000 21 Westgate / SR-104 @ 100th Ave. W Intersection Access Management Provide safety improvements within proximity to the intersection by providing better access management on all approaches Possible Grants & Local Funds Engineering, & Construction $543,000 (Federal, unsecured) (State) Local $543,000 $125,000 $0 $125,000 22. SR-104 @ 95th PI. W Intersection Improvements Provide C-Curb with left turn channelization for access management. Possible Grants & Local Funds Engineering, & Construction $207,500 (Federal, unsecured) (State) Local $32,500 $5,000 $175,000 $32,500 $0 $37,500 23. SR-104 @ 238th St. SW Intersection Improvements Install traffic signal and other intersection improvements. Possible Grants & Local Funds Engineering, ROW, & Construction $1,157,000 (Federal, unsecured) (State) Local $173,000 $27,000 $984,000 $154,000 $0 $181,000 TOTAL $9,204,000 $3,280,500 $1,436,500 $15,394,500 $9,183,500 $23,920,000 Pedestrian Protects: 24. Citywide Pedestrian Crossing Enhancements Install flashing pedestrian beacons, HAWK signal, or traffic signal at various locations throughout the City. Secured Grant, & Local Funds Construction $10,000 (Federal, secured) (State) Local, General $10,000 $2,000 $0 $2,000 25. Walnut St. from 6th Ave. S to 7th Ave. S Install sidewalk on south side of Walnut St. from 6th Ave. S to 7th Ave. S Secured Grant Engineering, & Construction $0 (Federal) (State, unsecured) Local $265,000 $265,000 $0 26. Maplewood Walkway from Main St. to 200th St. SW Install sidewalk on Maplewood St. from Main St. to 200th St. SW, creating connection to Maplewood Elementary and Yost Park. Possible Grant Engineering & Construction $1,800,000 (Federal, unsecured) (State) Local $150,000 $150,000 $1,500,000 $0 $0 27. Elm Way Walkway from 8th Ave. S to 9th Ave. S Install sidewalk on Elm Way from 8th Ave. S to 9th Ave. S, creating connections to Westgate and Sherwood Elementary Schools. Possible grant Engineering & Construction $0 (Federal, unsecured) (Local, Fund 422) Local, Fund 125 $347,000 $621,000 $347,000 $621,000 28. 80th Ave. W Walkway from 212th St. SW to 206th St. SW Install sidewalk on 80th Ave. W from 212th St. SW to 206th St. SW, creating connections to Chase Lake and College Place Elementary Schools. Possible Grant Engineering & Construction $1,449,000 (Federal, unsecured) (State) Local $100,000 $110,000 $1,239,000 $0 $0 29. 80th Ave. W Walkway from 188th St. SW to Olympic View Dr. Install sidewalk on 80th Ave. W from 188th St. SW to Olympic View Dr. creating connections to Seaview Elementary School. Possible Grant & Local Funds Engineering & Construction $1,506,000 (Federal, unsecured) (State) Local, Fund 422 $315,000 $125,000 $1,191,000 $504,000 $0 $629,000 L a1 O L ♦Z .r C N E d O L Q E C O :r O rZ rn C L H L M d K N n N O N N N O N a ti N O N N N O N N B K W r C d E z c� cc -W r Q Page 2 Packet Pg. 327 8.1.b City of Edmonds Six Year Transportation Improvement Program (2022-2027) Project Name Purpose Grant Opportunity Project Phase(s) (2022-2027) Total Cost Source(s) 2022 2023 2024 2025 2026 2027 30. 95th PI. SW Walkway from 224th St. SW to 220th St. SW Install sidewalk on 95th PI. W from 224th St. SW to 220th St. SW to improve pedestrian safety. Possible Grant & Local Funds Engineering & Construction $0 (Federal) (State, unsecured) Local $100,000 $20,000 $334,000 $334,000 $434,000 $354,000 31. 232nd St. SW from 100th Ave. W to SR-104 Install sidewalk on one side of 232nd St. SW Possible Grant & Local Funds Engineering & Construction $850,000 (Federal, unsecured) (State) Local $130,000 $130,000 $720,000 $720,000 $0 $850,000 32 236th St. SW Walkway from SR-104 to 97th PI. W Provide sidewalk on one side of 236th St. SW Possible Grant & Local Funds Engineering & Construction $910,000 (Federal,unsecured) (State) Local $135,000 $135,000 $775,000 $775,000 $0 $910,000 33 84th Ave. W Walkway from 238th St. SW to 234th St. SW Provide sidewalk on one side of 84th Ave. W Possible Grant & Local Funds Engineering & Construction $395,000 (Federal,unsecured) (State) Local $75,000 $75,000 $320,000 $320,000 $0 $395,000 34. 2nd Ave. S Walkway from James St. to Main St. Provide sidewalk along short missing link. Possible Grant & Local Funds Engineering, & Construction $0 (Federal) (State) Local $40,000 $0 $40,000 35. 218th St. SW Walkway from 76th Ave. W to 84th Ave. W Install sidewalk along missing link Possible Grant & Local Funds Engineering & Construction $795,000 (Federal, unsecured) (State) Local $120,000 $120,000 $675,000 $675,000 $0 $795,000 36. 216th St. SW Walkway from Hwy. 99 to 72nd Ave. W Install 300' sidewalk on the north side of 216th St. SW from Hwy. 99 to 72nd Ave. W Possible Grant & Local Funds Engineering & Construction $150,000 (Federal, unsecured) (State) Local $150,000 $50,000 $0 $50,000 37. 4th Ave. Cultural Corridor Enhancements Create corridor improvements to encourage pedestrian activity along 4th Ave. N from Main St. to 3rd Ave. N from Downtown retail to Edmonds Center for the Arts Possible Grant & Local Funds Engineering & Construction $5,500,000 (Federal, unsecured) (State) Local, various sources $94,500 $250,000 $500,000 $100,000 $500,000 $100,000 $4,500,000 $500,000 $0 $1,044,500 38. ADA Curb Ramps Improvements Construct Citywide ADA compliant curb ramps where facilities don't exist nor meet current standards Possible Grant & Local Funds Engineering & Construction $0 (Federal) (State, unsecured) Local, General Fund $500,000 $500,000 $500,000 $1,500,000 $0 39. SR-104 @ 76th Ave. W Non -motorized Transportation Improvements Install ADA curb ramps, extend bike lanes,and complete signal modifications in order to improve non -motorized transportation safety. Traffic signal owned by Shoreline. Possible Grant & Local Funds Engineering & Construction $0 (Federal) (State, unsecured) Local $200,000 $40,000 $1,200,000 $1,400,000 $40,000 40. Pedestrian Safety Program Complete pedestrian safety improvements at pedestrian crossings such as RRFB's, Flashing LED's at stop signs, and signage. Local funds Engineering & Construction $0 (Federal) (State, unsecured) Local, unidentified $20,000 $20,000 $20,000 $20,000 $20,000 $20,000 $0 $120,000 41. Downtown Lighting Improvements Install additional street lights on both sides of Dayton St. (cobra heads combined with pedestrian lights) and other locations within proximity to Edmonds Transit Station. Possible Grant Engineering & Construction $0 (Federal) (Sound Transit, unsecured) Local $300,000 $1,200,000 $1,500,000 $0 42. SR-104 / Pine St Walkway: SR-104 from mid -block crossing - 400' north of Pine St. to Pine St. and Pine St. from SR-104 to 9th Ave. S Complete sidewalk missing links to improve pedestrian safety and connectivity to Edmonds Transit Station. Possible Grant Engineering & Construction $0 (Federal) (Sound Transit, unsecured) Local $250,000 $250,000 $2,500,000 $3,000,000 $0 43. Citywide bicycle Improvements Install bike lanes along 100th Ave.W / 9th Ave. W from 244th St. SW to Walnut St. and along Bowdoin Way from 9th Ave. W to 84th Ave. W Secured Grant Construction $0 (Federal) (Sound Transit, secured) (Local) $1,500,000 $1,500,000 $0 TOTAL $2,594,500 $270,000 $20,000 $3,645,000 $9,083,000 $13,549,000 Traffic Calmina / Non -motorized Transportation Safetv Proiects: 44. Traffic Calming Program / Traffic circles, speed cushions, Engineering $0 (Federal) Non -Motorized Transportation radar feedback signs, bulb -outs, etc. Local Funds only & $0 (State) Safety Construction $90,000 (Local, Unidentified) $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 Ferry / Waterfront Projects 45. Ferry Storage Improvements from Dayton St. to Pine St. Provide additional ferry storage area closer to the Ferry Terminal (through striping revisions / C-Curb addition...). Possible Grant Engineering & Construction $357,000 (Federal, unsecured) (State) Local $357,000 $0 $0 TOTAL $0 $0 $0 $357,000 $0 $0 Traffic Planning Projects: 46. Citywide ADA Transition Plan Complete an compliance evaluation of all existing ADA curb ramps, as well as long range plan on how to address those defficiencies. Local Funds Only Engineering & Planning $0 (Federal) (State) Local, General Funds $100,000 $0 $100,000 47. Pavement Rating Study Analyse the pavement condition of all arterial, collector, and local streets to determine the stretches to be repaved as part of future annual overlays. Local Funds Only Planning $0 (Federal) (State) (Local / General Funds) $40,000 $40,000 $40,000 $0 $40,000 E co L O d C O E d O L IZ E C O :p M r_ O Q C M L L co O to i` N 0 N N N O N d I- ti N O N N N 0 N N t K W r C d E t v R r r Q Page 3 Packet Pg. 328 City of Edmonds Six Year Transportation Improvement Program (2022-2027) Project Name Purpose Grant Opportunity Project Phase(s) (2022-2027) Total Cost Source(s) 2022 2023 2024 2025 2026 2027 48. Transportation Plan Update Update Transportation Plan (current Plan was completed in 2015) Local Funds Only Engineering & Planning $0 (Federal) (State) Local $175,000 $0 $175,000 TOTAL $215,000 $100,000 1 $40,000 $0 1 $40,000 1 $0 Total $110,046,500 $14,373,500 $5,242,500 $3,011,500 $23,011,500 $23,061,500 $41,426,000 Total Federal $2,051,000 $2,472,000 $1,108,000 $16,457,500 $11,968,000 $20,451,000 Total Federal (Secured) $2,051,000 $2,472,000 $184,000 $0 $0 $0 Total Federal (Unsecured) $0 $0 $924,000 $16,457,500 $11,968,000 $20,451,000 Total State $8,065,000 $650,000 $0 $1,365,000 $2,842,000 $500,000 Total State (Secured) $8,065,000 $650,000 $0 $0 $0 $0 Total State (Unsecured) $0 $0 $0 $1,365,000 $2,842,000 $500,000 Sound Transit (secured / unsecured) $1,500,000 $0 $0 $1,550,000 $3,150,000 $14,500,000 Total Local Fund $2,580,000 $2,394,500 $1,279,500 $3,264,000 $4,347,500 $3,975,000 Total Local (Fund 112) $463,000 $808,500 $328,500 $1,883,000 $2,602,500 $2,670,000 Total Local (Fund 125 / Fund 126) $1,321,000 $700,000 $700,000 $0 $0 $0 Total Local (Fund 422) $347,000 $0 $0 $0 $0 $0 Total Local (Traffic Impact Fees) $0 $0 $0 $576,000 $900,000 $500,000 Total Local (General Fund) $394,000 $131,000 $196,000 $0 $40,000 $0 Total Local (unidentified) $55,000 $755,000 $55,000 $805,000 $805,000 $805,000 Total (City of Lynnwood) $731,000 $0 $0 $0 $0 $0 d I- ti N O N N N O N N t K W r C d E t v R r r Q Page 4 Packet Pg. 329 9.1 City Council Agenda Item Meeting Date: 05/18/2021 Reorg of Clerk's Office to Administrative Services - Job Description Changes Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Jessica Neill Neill Hoyson Background/History The Administration has determined that combining the Administrative Services Department (formerly Finance Department) will leverage the similarity in work between the departments, provide better synchronization of services, and achieve maximum value for the City. This item was presented to committee on May 11th. Staff Recommendation Approve the proposed changes to the Clerk and Finance job descriptions and approve the proposed compensation changes. Narrative Consolidating the administrative functions of these two departments will allow for enhanced coordination, planning and communication in areas including records management, technology improvements, purchasing, budgeting, and personnel functions. Additionally, common problem solving would help coordinate the departments' capabilities to address residents needs. With the influx of state monies being received by the City, this reorg will allow for more employees to assist in supporting this work and in turn result in less employee burnout. Additionally, this will provide more opportunities for employees to learn new skills. The job description changes presented address three things, cleanup of the job descriptions that were outdated, overlap of work and how the job would fit into the Administrative Services Department, and any general cleanup to address reporting structure. There are two compensation changes noted. One is for the position of Public Records Officer and the other is for the position of Administrative Assistant. It should be noted that both of these pay changes were outstanding issues with the Union which would needed to have been addressed even had the reorganization not occurred. The Administrative Services Director job description is presented for approval as the new oversight of the function of the Clerk and Records needed to be noted, along with the department name change. The Deputy Director Administrative Services is also presented as the position needed general cleanup, department name change, and noting that this position would have direct line supervision of the Records function. There is a pay change to this position to align the compensation with the Deputy Director of Parks and Recreation. Packet Pg. 330 9.1 An org chart showing how the new department will be organized is attached along with a summary of the position changes and the economic impacts. A budget amendment for 2021 will not be needed. Attachments: Administrative Assistant - Administrative Services (For Council) City Clerk(For Council) Deputy City Clerk(For Council) Public Records Off icer(For Council) Administrative Services Director(For Council) Deputy Director Administrative Services(For Council) Title and Compensation Changes Administrative Services Org Chart Packet Pg. 331 9.1.a City of EDMONDS Washington BUSINESS LICENSE ADMINISTRATIVE ASSISTANT — ADMINISTRATIVE SERVICES Department: City Cier�Administrative Services Pay Grade: NE-79 Bargaining Unit: AFSCME Council 2 FLSA Status: Non Exempt Revised Date: October 20 17`'May 2021 Reports To: City efkDeputy Director, Administrative Services POSITION PURPOSE: Under administrative direction, performs a variety of office and accounting assistant support for the Gity rlerk'- nffipe processes and issues various business licenses; processes special event application ; enters payroll data for the City Glerk'-Administrative Services staff and all personnel related data into system for City departments; maintains key inventory for all City Hall staff —,-assists with public records requests as needed and nepie- and o mhle- CO RGil panket- o eerier!• p vide- daily relief at the fre.,+ for li innh brook- snhed f ledvacation and other support as needed; and prepares and n line- vFred reports accord nn to established timeline -processes department invoices for payment. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • In conjunction with the State Business License Service, pProcesses new business license applications; works with all reviewing departments to obtain approvals and follows up with applicant when required and issues the license upon approval. • Maintains the database of the licenses and provides reports as scheduled/requested. • Processes renewals and follows up on delinquent licenses and specialty licenses with reminder letters, processes special event applications; routes the applications to appropriate departments for approval and sends follow up letters to the applicant with the department's requirements, comments or approval. • Enters payroll data for the city Glerk'- -+a# and prints associated reports, processes personnel related data and enters into system for all City staff including new employees, seasonal and full time staff. • Processes the department invoices for payment. • Maintains key log/inventory to track keys issued to City Hall employees; coordinates with employees who are resigning or retiring from the City, as well as new employees, to obtain/distribute keys as well as obtain appropriate signatures. • Provides relief and coverage at the front counter for lunch, breaks, scheduled vacation, and other support as needed. • Processes purchase orders for business cards ordered by City Departments; prepares and provides various required reports according to established timelines. Bys'Ress "^ ^''le dministrative Assistant Qdo Packet Pg. 332 9.1.a JOB DESCRIPTION Business LocenseCterI—AA- Administrative Services • Maintains Administrative Services Department records retention schedule, tracks, document creation and storage, including boxing of materials, archival storage according to appropriate retention schedule, retrieval and destruction of records that have exceeded their retention reauirements. • Assists with receipt and processing of public records requests as needed. • Assists supervisor and Accounting Specialists as needed. Required Knowledge, Skills, and Abilities: • Functions, activities and responsibilities of the City Clerk's Ofr,ceAdministrative Services department. • U.S. PA-StaAl 2-8-P.4mr-38 PFOG8sses and PrOGedures inGluding operation of postage MaGhine and types o postage. • City departments and their functions and services. • Methods, procedures and terminology used in clerical and accounting assistant work. • Basic accounting practices, procedures and terminology and record -keeping techniques. • Interpersonal skills using tact, patience and courtesy. • Telephone techniques and etiquette. • Modern office practices, procedures and equipment. • Record -keeping techniques and knowledge of Washington State Records Retention Schedules and requirements. • Effective oral and written communication principles and practices, including customer service. • Basic report preparation. • Modern office procedures, methods, and equipment including; computers, computer applications and assigned software. • English usage, spelling, grammar, and punctuation. • Principles of business letter writing. • Performing various accounting assistant and office/clerical support activities as assigned. • Operating a computer to enter various data and generating reports. • Maintaining records and preparing basic reports. • Meeting schedules and time lines. • Making arithmetic computations with speed and accuracy. • Monitoring funds in the postage machine and requesting same when neerlerJ • Maintaining basic accounting and other logs, records and reports. • Meeting schedules and legal time lines. • Utilizing personal computer software programs and other relevant software affecting assigned work. • Establishing and maintaining effective working relationships with others. • Communicating effectively verbally and in writing, including providing excellent customer service. • Ability to safelv work in office or from home as -needed. and remain flexible to workina in office or home due to public health -related situations MINIMUM QUALIFICATIONS: Education and Experience: High School Diploma/GED Certificate and two years of experience in bookkeeping or accounting support or responsible administrative office or clerical support experience that includes heavy customer service experience; R„^ ^^^^' iGense G'^•Administrative Assistant 9etet3 Packet Pg. 333 9.1.a JOB DESCRIPTION Business Locense Clerk AA- Administrative Services OR an equivalent combination of education, training and experience that allows the incumbent to successfully perform the essential functions of the position. Required Licenses or Certifications: May be requ'Fed to ebtaiR a ReGGrds Management GeFtifiGatien withiR a speGified peried ef time after hire. Public records experience and/or certification preferred. Driver's License required if driving a City vehicle. Must be able to successfully complete and pass a background check. WORKING CONDITIONS: Environment: • Office environment • Constant interruptions Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person or on the phone • Reading and understanding a variety of materials • Operating a computer keyboard or other office equipment. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Bending at the waist, kneeling, crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise moving or transporting up to 420 lbs. Hazards: • Contact with dissatisfied or abusive individual angry or dissatisfied customers. R e G1e.kAdministrative Assistant 9eief3 Packet Pg. 334 9.1.a JOB DESCRIPTION Business LocenseCterI—AA- Administrative Services Incumbent Signature: Department Head: Date: Date: R"^m^p^^G-lerk dministrative Assistant 9etet3 Packet Pg. 335 9.1.b City of EDMONDS Washington CITY CLERK Department: City- GleFkAdministrative Services Pay Grade: NR-14 Bargaining Unit: Non Represented FLSA Status: Exempt Revised Date: November '^"^ '^ May 2021 Reports To: MayerAdministrative Services Director POSITION PURPOSE: Under administrative direction, plans, organizes, controls and directs the City Clerk's Office -operations; interprets legal requirements and independently establishes procedures and priorities; at the direction of the City Council President, administers the scheduling and coordination of City Council weekly agendas and public meeting notifications; serves as the Git.; s Rpnords Off,^^r and maintains official City records; administers business licensing functions, ^rdinances and resolutions; ensures codification of ordinances and supervises and evaluates the performance of assigned personnel. ESSENTIAL FUNTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Plans, directs, coordinates and reviews the work of assigned staff; assigns work activities, coordinates schedules, projects and programs; provides constructive feedback, reviews and evaluates work and makes effective suggestions and recommendations. Supervises, coaches, trains and motivates staff, noo-rdinates- andior providing staff training. • Prioritizes projects and measures the performance of the department and all related stg clerk operations and takes appropriate corrective action when necessary. • Provides advice and counsel to staff, develops developmental work plans for -staff and implements :ndlor recommends corrective actions, discipline and termination procedures to the Administrative Services Director as appropriate/necessary. •Develops, administeFs, maiRtaiRs and oversees the budget ORGludiRg the aRRual budqet; Mmakes recommendations and forecasts for future funds needed for staffing, equipment, materials and supplies. • Recommends efficiencies to keep costs within established financial guidelines and approves "^^,t Clerk's Officefunction expenditures and implements adjustments. !;L-P.xL-q ns the City's ReGGFd6 OffiGeF; GGardiRates responses to requests for public records including a4 Prioritizes requests and meets legal t'n.el'n • Administers maintenance of official City records and official seal, recording, indexing, filing and safe keeping and preservation of public records including: public meeting minutes and4ape recordings, ordinances, resolutions, contracts, agreements, public hearing files and other recorded documents. • Maintains electronic content management (ECM) database and4R e., for tracking and research purposes. • Administers the scheduling and coordination of City Council weekly agenda, coordinating activities with Mayor, Council President, department heads and managers. City Clerk November 2012 Packet Pg. 336 9.1.b JOB DESCRIPTION City Clerk • Ensures notification of public meetings and hearings meet all legal guidelines; assembles and prepares the weekly meeting packets of agenda memos obtaining all approvals as needed and attends Council meetings including confidential executive sessions. • Oversees the set-up of the meeting room; receives documents to be distributed to Council including exhibits and correspondence; responds to questions as needed; assures speakers follow established time lines; supervises the preparation of meeting minutes and reviewing them for accuracy and distributes approved minutes. • DeGigRated by ResalutieR to Rfeceives Claims for Damages and legal actions against the City. Cnordnatps i ith City Attorney and Washington Cities Insurance Authority (WCIA); logs and maintains - related to claims and agenda memos as appropriate; serves as "alternate" contact for working with WGIA nn All r'sk management issues. Adm'n'stwq busdm; lmnpnsin us parking permits and SpeGial event permits and • Responds to research requests from staff and public; researches City Council action through minutes, ordinances, resolutions, contracts and property purchases. • Certifies records on behalf of the City and attests to the Mayor's signature on documents. • Performs notary services for City -related matters. • Coordinates and administers the codification of ordinances and distributes supplements city-wide. • Coordinates elections with the Snohomish County Auditor's Office to place propositions or measures on the ballot. • Administers the Oath of Office for various officials. • Coordinates the bid openings for all departments and receives bids; attends bid openings; announces bid amounts and maintains all associated records. • Assures compliance and accountability with federal, state, and local regulations, policies and procedures. • Develops action plans and metrics analyzing operational results and assuring the effective allocation and utilization of resources. • Seryec; as staff an a iety of beaF.d.. Geirnirnissions and n mittees • Prepares and presents staff reports and other necessary correspondence. • Attends and participates in professional group meetings maintaining awareness of new trends and developments in the fields related to area of assignment. •_Incorporates new developments as appropriate and ensures processes, policies and practices are interpreted and applied consistently and effectively. due to pub"s he Required Knowledge of: • Functions, activities and responsibilities of the City Clerk's Office. • Federal, state and local laws and regulations regarding public records, public meetings, legal notices and other assigned functions. • Parliamentary procedures. • Structure and operation of state, county and municipal governments. • City organization, operations, policies and objectives. • Interpersonal skills using tact, patience and courtesy. • Records management systems, techniques and technology. • Structure, organization and inter -relationships of city departments, agencies and related governmental agencies and offices affecting assigned functions. City Clerk Nevambw 42May 2021 Packet Pg. 337 9.1.b JOB DESCRIPTION City Clerk • Effective oral and written communication principles and practices to include public relations and public speaking. • Program/project management techniques and principles. • Research methods and report preparation and presentation. • Modern office procedures, methods, and equipment including computers and computer applications such as: word processing, spreadsheets, and statistical databases. • English usage, spelling, grammar and punctuation. • Principles of business letter writing. • Principles and practices of governmental budget preparation and administration. •—Supervisory and training principles, methods and techniques. hil:f.. to ggfely ,. .. rL i nfri..e or frr.m hnrne A ..pdprl nd r n fl....i hl.. f... r.rL{.... i r.ff:......r hnrn,- rL,r, f Remote/virtual meeting technology Required Skill in: • Planning, organizing, controlling and directing City Clerk's office operations. • Interpreting legal requirements and independently establishing procedures and priorities. • Maintaining official City records. • Administering the scheduling and coordinating of City Council weekly agendas. Administer'nn bus ness I:n....oin.. fURGfi..nc • Administering ordinances and resolutions. • Maintaining confidentiality of politically sensitive materials and information. • Understanding, interpreting and codifying City ordinances. • Researching, analyzing, interpreting, organizing and reporting on data. • Meeting schedules and legal time lines. • Developing and administering program goals and objectives; implementing initiatives and recommendations in support of department and City goals. • Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Interpreting and administering policies and procedures sufficient to administer, discuss, resolve and explain them. • Maintaining confidentiality and communicating with tact and diplomacy. • Applying program/project management techniques and principles. • Directing the maintenance of a variety of records and preparing comprehensive narratives and statistical reports. • Developing and monitoring departmental and program/project operating budgets, costs and schedules. • Communicating effectively verbally and in writing, including public relations and public speaking. • Supervising, leading, coaching and using best management practices to improve staff performance; delegating tasks and workload assignments. MINIMUM QUALIFICATIONS: Education and Experience: City Clerk NevembeF 04-2Mav 2021 Formatted: Indent: Left: 0.5", No bullets or numb Formatted: Indent: Left: 0.25", Bulleted + Level: I Aligned at: 0" + Tab after: 0" + Indent at: 0.25" Packet Pg. 338 9.1.b JOB DESCRIPTION City Clerk Bachelor's Degree in Business Administration, Public Administration or related field and sk—five years of experience managing or supervising services typically provided by the City Clerk such as records management, City Council and Mayoral support, elections, end business Iinansing s peirt that inGl,,.deS three two years of staff supervisory preferred ; OR an equivalent combination of education, training and experience that will allow the incumbent to successfully perform the essential functions of the position. - Required Licenses or Certifications: VAlm d Ctat....t \NAShinrvt..n rl.i..eF'o I Notary Public License . Certification as a Certified Municipal Clerk (CIVIC). Driver's License Required if driving City vehicles. Must be able to successfully complete and pass a background check. WORKING CONDITIONS: Environment: • Office environment • Constant interruptions Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Reading and understanding a variety of materials. • Operating a computer keyboard or other office equipment. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Bending at the waist, kneeling, crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise moving or transporting up to 420 lbs. Hazards: • Contact with angry and/or dissatisfied customers. City Clerk 2Mav 2021 Packet Pg. 339 JOB DESCRIPTION City Clerk Incumbent Signature: Date: Department Head: Date: City Clerk 2Mav 2021 Q Packet Pg. 340 9.1.c City of EDMONDS Washington Deputy City Clerk Administrative Services —City Department: Clerk'sOffice Pay Grade: NE-11 Bargaining Unit: AFSCME Council 2 FLSA Status: Non -Exempt Revised Date: ORm/201 May 20221 Reports To: City Clerk POSITION PURPOSE: Under administrative direction, performs various administrative duties in support of the City Clerk; works with detailed, complex and sensitive materials and exercises independent judgment, diplomacy and human relations skills in accomplishing work; FRa'tainTuses and maintains the city's electronic content management (ECM) system to manage various official records,_ 6 iblic records publi^ hearinq nnt,Ges and „the C Ymanages the records archiving program in coordination with the State Archives. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Performs various administrative duties in support of the City Clerk. • Works with detailed, complex and sensitive materials and exercises independent judgment, diplomacy and human relations skills in accomplishing work. • Maintains City rlerk's Offir.enages the lifecycle of city records utilizing electronic content management (ECM) systems offir.i-al recur,-& according to established procedures and State law; oversees City archives fociudli-ties,_ and Aarranges for storage and destruction of city records. • Assist as needed in nrnres Sinn . -blin r r, rrls 'requests. • Provides for review of records or conies to the public. • Provides information to elected officials and City staff as requested within scope of knowledge or authority or refers to appropriate person or agency. Records documents with Snohomish County as needed and maintains associated files. • Assist as needed in PFE)GeSSousSpeGof lir.enses • Performs notary services on documents related to citywide business. • Prepares and processes official public hearing notices, publications and postings in accordance with state laws and procedures and updates City website as needed. • Prepares and submits agenda memos as needed and copies finalized City Council packets and distributes appropriately. • Prepares City Council chambers for meetings. • Prepares and PFE)GeSS8S Claims fer Damages and aSSE)Gmated legal GeFFeSpelldeRG8. • Serves as City Clerk in their absence_. and serves s baGk6in f9F GleriGal staff in varieus f„n,.t,nns as needed. Deputy City Clerk Last o,,.,i.., Packet Pg. 341 9.1.c 2 of 5 JOB DESCRIPTION Deputy City Clerk Required Knowledge of: • Functions, activities and responsibilities of the City Clerk' O#iGe • State and local laws and regulations regarding public records, —records retention schedules, public meetings, legal notices, licenses and other assigned functions. • City Council policies and procedures regarding records retention, preparation of minutes and assembly of packets. • Records management systems, and technology, including electronic content management (ECM) systems.- • Record -keeping and archiving techniques. • City organization, operations, policies and objectives. • Interpersonal skills using tact, patience and courtesy. • Structure, organization and inter -relationships of city departments, agencies, and related governmental agencies and offices affecting assigned functions. • Effective oral and written communication principles and practices to include public relations and public speaking. • Research methods and report preparation and presentation. • Modern office procedures, methods, and equipment including computers, computer applications such as word processing, spreadsheets, and statistical databases. • English usage, spelling, grammar, and punctuation. • Principles of business letter writing. • Remote/virtual meeting technology Required Skill in: • Performing various administrative duties in support of the City Clerk. • Working with detailed, complex and sensitive materials and exercise independent judgment, diplomacy and human relations skills. • Monitoring processes and issuing various special licenses for the City. • Performing the duties of the City Clerk in the absence of the City Clerk. • Maintaining official City records. • Maintaining confidentiality of politically sensitive materials and information. • Preparing and maintaining a variety of reports and files related to assigned activities. • Meeting schedules and legal time lines. • Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Interpreting and administering policies and procedures sufficient to administer, discuss, resolve, and explain them. • Maintaining confidentiality and communicating with tact and diplomacy. • Communicating effectively verbally and in writing, including public relations and public speaking MINIMUM QUALIFICATIONS: Deputy City Clerk Last Rel,i.., Packet Pg. 342 9.1.c 3 of 5 JOB DESCRIPTION Deputy City Clerk Education and Experience: Associates Degree in Business Administration, Office Management or related field and fsu�three years of increasingly responsible office technical or clerical experience that involves heavy customer service and work with records management, Council/Mayoral or other executive level support; preferably within a public agency; OR an equivalent combination of education, training and experience that will allow the incumbent to successfully perform the essential functions of the position. Deputy City Clerk Last o,,.,i- Packet Pg. 343 9.1.c 4 of 5 JOB DESCRIPTION Deputy City Clerk MINIMUM QUALIFICATIONS (continued) Required Licenses or Certifications: May be required to obtain Certified Municipal Clerk designation within a specified period of time after hire May be required to obtain a Records Management Certification within a specified period of time after hire Driver's License required if driving City vehicles Must be able to successfully complete and pass a background check. Environment: • Office environment • Constant interruptions Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person or on the phone • Reading and understanding a variety of materials • Operating a computer keyboard or other office equipment. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Bending at the waist, kneeling, crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise moving or transporting up to 420 lbs. Hazards: • Contact with angry or dissatisfied customers. Incumbent Signature: Date: Deputy City Clerk I Packet Pg. 344 1 9.1.c 5 of 5 JOB DESCRIPTION Deputy City Clerk Department Head: Date: Deputy City Clerk 1 Packet Pg. 345 1 9.1.d City of EDMONDS Washington Department: City Administrative Services Pay Grade: NE-9�t11 Bargaining Unit: AFSCME FLSA Status: non-exempt Revised Date: November 2012May 2021 Reports To: City GlerkDeputv Director Administrative Services POSITION PURPOSE: Under administrative direction, analyzes, processes and responds to public records reauests: receives and reviews reauests. communicates with reauestors for clarification when needed. and collaborates with Departments to coordinate a timely and appropriate City-wide response: works with the City Attorney to evaluate exemptions, make appropriate redactions and to maintain exemption logs and statistics to substantiate compliance with the Public Records Act requirements, the Model Rules, and City policy: contributes to the development and implementation of records related policies and best practices. eve rsees and ^^^rd'Rates G09rdiRates FeSPORSeS W requests and eR66IFeS pred6iGtiOR of requested FeGOrds aFe Gensistent with established ESSENTIAL FUNTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Coordinates timely and appropriate responses to public disclosure requests. • Maintains an information tracking log, documentation, and statistics to substantiate compliance with Public Records Act requirements, the Model Rules, and internal City policy. • Administers the public disclosure software used for on-line requests and tracking. • Provides guidance on public records compliance and advises City employees regarding the requirements of the Public Records Act and City practice when maintaining and releasing records. • Communicates with reauestors to ensure timely and full assistance on public disclosure requests. Clarifies and prioritizes elements of the request, estimates reasonable timeframes for response, and memorializes these communications in writing. • Provides preliminary research on the location of responsive records, and collaborates with departments on production of records responsive to requests. Establishes timeframes for responses. Coordinates assembly of multi -departmental responses. • Reviews collected records to ensure they are responsive, complete and in accordance with the request submitted to the City. • Conducts research and analysis to determine if collected records are exempt from production and coordinates with the City Attorney for review of records determined to be exempt. Redacts exempt information before releasing records. • Develops and maintains a variety of performance measures documenting volumes and complexity of requests and work effort required to comply with State law, policies and procedures. • Assists the City Attorney in establishing and maintaining legal holds and collects records in response to litigation and discovery requests. Public Disde-s ro & ooG rds nn.,,,.,,,o, ent Spe-malistRecords Analyst — Fullest -Time Navembr 2012januap,�-�MaV 2021 Packet Pg. 346 9.1.d JOB DESCRIPTION Public Disclosure & Records "anagement Specialist --Records Officer • Provides routine updates on the status of reauests and performance measures. Reports on public disclosure operations and documentation during State audits. Oversees and � coordinates the pi blip .disclos1 Ire fi ructions for the City f Inrk'c llffinn � C Serves as peint of r_-.A_.ntar_-.t fer all publiG FeGerds requests and ensures timely and appre riate F8SPGRRPR t U �s. O • Coordinates the prod, ir-tien of rer-ords and information assedated with publiG FeGE)rds req ests. r sZ • Oversees on -site viewing of records or provides copies of requested records to fulfill requests; maintains records of all public records requests and responses to such requests. o anrt relater+ (`ifii pnlinies 0 Trains City staff en publiG reGE)rds requirements, reteRtOGR SGhedules and preper maiRtenanGe apd to N . •Geerd'Rates te D'V'SiGR deGUlmented, efforts ensure all PG"Gies and pFeGedures are adequately updated fGF 'Rternal for baGkup fer City Glerk and available use and publiG review as requested and serves as ether clerical s+off as eerded a+ tin Required Knowledge of: E • Knowledge of records management and public disclosure laws, regulations, and policies. Q • Knowledge of the techniques needed to develop and deliver an internal records guidance program. 0 • Skill in gathering records, organizing the information and providing timely responses. w • Skill in communicating both orally and in writing. 0 do • Ability to work in a complex records and information environment involving application and interpretation of L rules, regulations and policies. U • Ability to analyze large volumes of complex information under strict legal deadlines. o • Ability to maintain strict confidentiality and exercise discretion and sound decision making when handling T sensitive documents. a°, • Ability to conduct file and document searches in electronic and paper document filing systems. • Ability to work with technical staff to access records in electronic file formats from various storage systems. _ • Ability to communicate with customers and to form relationships. c o • Ability to document information regarding research, practices and resources. U L • Ability to handle multiple and competing deadlines and priorities, organize and manage workload, and make L° decision necessary to respond to information requests in an expeditious manner. L:,, Ability to work cooperatively and respectfully with the public and staff. PunEtiens, astiVi; es—and respensihilities of the City Clerk's Office O to • Ability to safely work in office or from home as -needed, and remain flexible to working in office or home due to public health -related situations. U dv ' n rrd'nonces V — oT • Decor.ds management theories and practices 3 information d • clod iment research practices and resources. r yj � Decorrds technology. � • management systems techniques yes and E I7eco..'d_keening t8Ghniq • yes V lC • Gity organiza+inn o ratio Policies anrd ghingtiVes , • lnterner pal skills using tact patience and coi irtesyi Q Public n0,;A'g, pro Q RereFds nn.,,,.,gerneRt Spec; Records Analyst — Ra#Full-Time Ma y 2021 Packet Pg. 347 9.1.d JOB DESCRIPTION Public DosElosure & Records "anagement Spec+alist--Records Officer Required Skill in: MINIMUM QUALIFICATIONS: Bachelor's degree or equivalent in records/information management library science, business or related field. Three (3) years of progressively responsible clerical experience, including one (1) year of records management experience in a public -sector environment. Any combination of relevant education and experience that would demonstrate knowled^e, sk'11 and abmi't„ o enable the incumbent to successfully perform the essential duties and responsobol'toes 'sted abovefunctions of the position. traiRing and e Required Licensinges Gr-and Certifications: Public Records Officer Certification or the ability to obtain within one (1) year. Paralegal Certification is preferred. #+re Driver's license required if driving City vehicles. Must be able to successfully complete pass a background check. WORKING CONDITIONS: Environment: Office environment Constant interruptions a� d rn m :r L Q 0 :.i W O N L U O L 0 m c 0 U L O LL L V O U) LO U a� a c a� E c� Q Public n,s..le-sure Q Rererds nn.,RagerneRt Spec; Records Analyst — RaftFull-Time 2-lawiaryMay 2021 Packet Pg. 348 9.1.d JOB DESCRIPTION Public Disclosure Records "anagernent Specia1ist—Records Officer Physical Abilities: • Hearing, speaking or otherwise communicating to exchange information in person or on the phone • Reading and understanding a variety of materials. • Operate a computer keyboard or other office equipment. • Sitting, standing or otherwise remaining in a stationary position for extended periods of time. • Bending at the waist, kneeling, crouching, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. • Lifting/carrying or otherwise moving or transporting up to 420 lbs. Hazards: • Contact with angry and/or dissatisfied customers. Public Disdeswre Q Rererds nn.,,,.,gerneRt Spec; Records Analyst — RaftFull-Time 20122-lapja;yMay 2021 Packet Pg. 349 9.1.d JOB DESCRIPTION Public Disclosure & Records Management Specia1ist—Records Officer Incumbent Signature: Department Head: Date: Date: Public DiSdeswe & ReGOrds nn. ,,,°rune+ Spe,.�Records Analyst — Pa#Full-Time OGteber Ma 2021 Packet Pg. 350 9.1.e City of EDMONDS Washington CIAIAAICR ADMINISTRATIVE SERVICES DIRECTOR Department: €iaap,%Administrative Pay Grade: NR-20 Services Bargaining Unit: Non: -Represented FLSA Status: Exempt Revised Date: Neve^^•'^"'^•'^"'May 2021 Reports To: Mayor POSITION PURPOSE: Under administrative direction, directs and administers the planning, organizing, controlling and directing the operations and activities of the C ranee Administrative Services Department including: purchasing, investments, risk management/claims administration, revenue forecasting and budgeting, auditing, debt and collection of past due accounts; information technology functions and GIS; City Clerk and City Records Officer functions and business license functions. Ssupervises and manages staff and evaluates work of assigned personnel. Serves as the City's Chief Financial Officer and Treasurer. Directors are responsible for the operations of the departments and may delegate signing authority except as limited by the provisions of Edmonds City Code or state or federal law. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Directs Department operations to maintain effective and efficient programs; ensures compliance and accountability with Federal, State, and local regulations, policies and procedures. • Plans, directs, coordinates, monitors and reviews the work of assigned staff ensuring that services and work products meet quality and safety standards; assigns work activities and coordinates schedules, projects and programs. • Supervises, coaches, trains and motivates staff; coordinates and/or provides staff training. • Provides constructive feedback to staff, reviews and evaluates work and makes effective suggestions and recommendations. • Directs the Department employment and hiring process and employee relations. • Manages the workflow and prioritization of projects and measures the performance of the department and all related staff and takes appropriate corrective action when necessary. • Develops, administers, maintains, and oversees the budget including: the annual or bi-annual budget, outside funding, revenues, and assists with the development of the Capital Improvement Program and Capital Facilities Program. • Makes recommendations and forecasts for future funds needed for staffing, equipment, materials and supplies; recommends efficiencies to keep costs within established financial guidelines; approves Departmental expenditures and implements adjustments. • Provides advice and coaching to staff; and develops work plans for staff. • Implements and / or recommends corrective actions, discipline and termination procedures as appropriate / necessary. • Develops action plans and metrics analyzing operational results and assuring the effective allocation and utilization of resources. • Serves as staff on a variety of boards, commissions and committees; prepares and presents staff reports and other necessary correspondence. Formatted: Justified, Indent: Hanging: 0.25" Formatted: Indent: Hanging: 0.25- Formatted: Justified C) O LL G r Q Packet Pg. 351 9.1.e €inane --Administrative Services Director 2021 November 2 May N N aI C R t ci C O r O_ L u (n O rn d u it N N d r R L E a O d :i 0 N Y L d U 4- 0 L O N� LPL C O U L O U- L O V N L_ 6 U) V it d > L Y N .S E a E m m a Packet Pg. 352 9.1.e JOB DESCRIPTION Finance Administrative Services Director • Attends and participates in professional group meetings maintaining awareness of new trends and developments in the fields related to area of assignment; incorporates new developments as appropriate and ensures processes, policies and practices are interpreted and applied consistently and effectively. • Oversees the preparation and maintenance of a variety of reports, records, and files related to assigned activities; prepare and maintain records and reports related to budgets, plans progress, personnel and related activities. • Recommends efficiencies to keep costs within established financial guidelines and approves department expenditures and implements adjustments. • Assures the adequacy and soundness of the City's financial structure; reviews and approves purchases for all aspects of a municipal Finance Department which also includes. payroll, accounts payable and accounts receivable. • Administers liability, property, auto and fidelity insurance coverage and programs including the claims process. • Serves as insurance risk manager and claims administrator and protects the City against losses and bad investments. • Provides technical expertise, information and assistance and prepares and maintains a variety of narratives and statistical routine and non -routine reports for the Mayor and Council regarding assigned functions. • Conducts financial analysis and assists as needed in the formation and development of fiscal and other financial related policies, procedures, and programs. • Assures technically sound, secure and efficiently functioning voice and data systems on a City-wide basis. •—Supervises the Chief Information Services Manager and oversees the Information Servicesieshaelegy Division department and provides strategic direction for the depaptmeRfy Formatted: Font: Symbol • Supervises the City Clerk position and oversees the City Clerk's Office and provides strategic direction for the Office. • Assures secure and efficiently functioning network and computer applications. Formatted: Indent: Hanging: 0.25" • Provides advice, guidance and direction to carry out major plans, projects and procedures consistent with established policies, ordinances and laws. • Communicates with other Directors, city staff, Council and outside organizations to coordinate activities and programs, resolve issues and conflicts and exchange information. • At the direction of the Mayor, work with Council to provide thorough information, analysis, pros/cons, consequences, options and recommendations for Council on specific topics. • Ensures processes, policies and practices are interpreted and applied consistently and effectively. • At the direction of the Mayor, work with Council to provide thorough information, analysis, pros/cons, consequences, options and recommendations for Council to make informed decisions. • Fulfills roles and responsibilities on the € G-Emergency Operations Center team as assigned by the Mayor. • Performs related duties as assigned by Mayor. Required Knowledge of: • Supervisory and training principles, best management practices methods and techniques. • Principles and practices of governmental budget preparation and administration, including best practices. • Accounting theory, principles, and practices; Generally Accepted Accounting Principles (rand Government Finance Officers Association (GFOA) principles; and audit standards. • Principles and practices of public administration and public finance administration. • Best .. ordinoo for the administration Af QFQ.A and (_n AD Cash management principles and standards. Accounting software and automated financial systems. • External and management reporting requirements and report preparation. €inane -Administrative Services Novernber ,=March 2021 r Formatted. Justified, Indent: Hanging: 0.25" Formatted: Justified Formatted: Justified, Indent: Hanging: 0.25" Formatted. Justified Formatted: Justified, Indent: Hanging: 0.25" t� Formatted: Indent: Left: 0" Packet Pg. 353 9.1.e JOB DESCRIPTION Finance -Administrative Services Director • Structure, organization and interrelationships of city departments, agencies and related governmental agencies and offices affecting assigned functions. • Federal, State and local laws, rules and regulations related to assigned activities and programs relevant to assigned functions. • Effective oral and written communication principles and practices to include public relations and public speaking. • Program/project management techniques and principles. • Research methods and report preparation and presentation. • Modern office procedures, methods, and equipment including computers and computer applications such as: word processing, spreadsheets, and statistical databases. • English usage, spelling, grammar and punctuation. • Principles of business letter writing. • Advanced principles and practices of governmental budget preparation and administration. • Contract negotiation and administration. Administrative program/project management techniques and principles. Required Skill in: • Planning, organizing, controlling and directing the activities and operations of the Finance Department. • Interpreting various financial/fiscal reports, bank statements, journal entries and ledgers sufficient to prepare reports, resolve issues/problems or explain entries. • Preparing and analyzing comprehensive financial and statistical data and numerical computations and comprehensive reports. • Creating, developing and presenting future plans to improve the operations of the City. • Interpreting and applying federal, state and local policies, laws and regulations. • Administering program goals and objectives; implementing initiatives and recommendations in support of department and City goals. • Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups and the general public. • Interpreting and administering policies and procedures sufficient to administer, discuss, resolve and explain them. • Maintaining confidentiality and communicating with tact and diplomacy. • Applying program/project management techniques and principles. • Developing and monitoring departmental and program/project operating budgets, costs and schedules. • Communicating effectively verbally and in writing, including public relations and public speaking. • Supervising, leading and delegating tasks and workload assignments. MINIMUM QUALIFICATIONS: Education and Experience: Bachelor's Degree in Accounting, Finance, Business Administration or related field and seven years of professional level experience in governmental accounting operations, programs, and services that includes four years of staff supervisory, budgetary and management responsibility for a department or major division within a department; OR an equivalent combination of education, training and experience that will allow the incumbent to successfully perform the essential functions of the position. Master's Degree in any of the noted fields is pPreferred. Finance —Administrative Services ,=March 2021 Formatted: Indent: Left: 0" C Cim r Q Packet Pg. 354 9.1.e JOB DESCRIPTION F, .na„can^� Administrative Services Director Required Licenses or Certifications: k(Mod Rtatp of \A/ashiRgt0n DFiyer's I i.. Certified Public Accountant (CPA) license preferred. Drivers' license required if driving City vehicles. Must be able to successfully complete and pass a background check. WORKING CONDITIONS: Environment: • Office environment. • Constant interruptions. Physical Abilities • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. • Operating a computer keyboard or other office equipment. • Reading and understanding a variety of materials. • Sitting or otherwise remaining stationary for extended periods of time. • Bending at the waist, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. Hazards: • Contact with angry and/or dissatisfied customers. Incumbent Signature: Date: Department Head: Date: Finance -Administrative ServicesMarch 2021 Formatted: Indent: Left: 0" a Cim r Q Packet Pg. 355 9.1.f City of EDMONDS Washington Assist -writ F;..Wri .e n:.-e torDeputy Director Administrative Services Department: EinanseAdministrative Services Salary Range NR4617 Bargaining Unit: Non Represented FLSA Status: Exempt Revised Date: Aprfl-May 20212046 Reports To: F4na ee Administrative Services Director POSITION PURPOSE: Under the direction of the F naaGe Administrative Services Director, oversees €inane Department goals, policies, procedures, and objectives that guide the daily activities. Supervises, manages and evaluates work of assigned personnel. Manages and oversees financial reporting, payroll, accounts payable, accounts receivable, utility billing functions, fixed and capital assets, general ledger maintenance, and the automated financial system, and public disclosure requests. --Work duties include applying financial knowledge to liaise with vendors on requirements of financial systems; oversees compliance of City's financial accounting practices and analyzes financial data to ensure successful audits by the State Auditor's Office and other government agencies. Acts in the capacity as Administrative Services ^^^Director in the Director's absence. ESSENTIAL FUNCTIONS AND RESPONSIBILITIES: The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position -specific duties. • Directs activities of assigned staff to ensure accurate and timely accounting and reporting of City's finances; assigns and evaluates work, monitors progress, revises procedures and work approaches to improve effectiveness. • Evaluates the performance of assigned staff; provides constructive feedback to staff,, plans, coordinates and arranges for appropriate training of assigned staff; coaches and motivates staff;, participates in the recruitment and selection of Department assounting-staff; and makes recommendations to the Department Director regarding transfers, reassignments, terminations and disciplinary actions. • Responsible for the preparation of the Annual Financial Report ir�in accordance with Generally Accepted Accounting Principles (GAAP) prescribed by the Governmental Accounting Standards Board (GASB) and in accordance with the State Budget, Accounting, and Reporting System (BARS). • Responsible for auditing and balancing all City financial transactions including journal entries, accounts payable, accounts receivable, payroll, utility billings and other ^^ urating processes and ensures that data is documented properly and processed timely. • Manages the audit process and serves as primary contact to the State Auditor's Office and other auditing agencies. Schedules State Auditor en site work, acts as liaison and coordinates interaction with other City staff for audit purposes, assigns and establishes deadlines for contributions from staff, and provides financial information required by the State Auditor's Office. • Develops, improves, implements, and enforces accounting policies and procedures in compliance with laws, Aadopted City policies, codes and overall departmental goals and objectives. • Oversees the payroll function; reviews payroll activity for accuracy; reviews payroll policies and union contracts and ensures compliance. • Provides confidential research reports and analysis for the City's labor negotiating team Assistant .'^^^^^ Deputy Administrative Services Director A;01raMarch 2021 Packet Pg. 356 9.1.f • Rresolves discrepancies and authorizes corrective action; reviews monthly, quarterly and annual payroll related reports. • Oversees the accounts payable and purchasing functions; reviews departmental purchasing practices for compliance with adopted policies and procedures; audits purchase requests for selection of correct account coding; approves invoices and ^ FGhase orders; audits rGhase efdef" vendor accounts for compliance with adopted policies and procedures; and, instructs other department employees on correct purchasing procedures. • Participates in the development of the annual budget, budgetary procedures, salary and benefit cost estimates, and detailed review of the preliminary and final budget documents and prepares assigned portions of the annual budget; • ends and manages the A,.ea rating n, paFt.. ent budget. • Assists in providing recommendations and forecasts for future funds needed for staffing, equipment, materials and supplies; recommends efficiencies to keep costs within established financial guidelines; approves Departmental expenditUFes and implements adjustments- • Coordinates grant reporting and preparation of year end grant schedules. • Oversees the utility billing function; reviews adjustment and waiver requests; ensures timely billing of utility accounts; assists with customer inquiries as needed and ensures high quality customer service by utility staff. • Assists with the administration of the City's liability, property, auto and fidelity insurance programs including the claims process. • Assists with development, administration, and maintenance of the Capital Improvement Program and Capital Facilities Program. • Communicates with other Directors, city staff, City Council and outside organizations to coordinate activities and programs, resolve issues and conflicts, and exchange information. •_Oversees the City's treasury functions including timely completion of monthly bank reconciliations; maintains compliance with city investment policy and manages the City's banking relationships. • Oversees the Public Records Officer and has final authority on the City's handling and responses to public records requests. • Analyzes, reviews and prepares a variety of complex financial reports and reports related to specific functions; draws conclusions and makes appropriate recommendations to Department Director. • Assists in the preparation of financial studies and reports including without limitation cost analysis, trend analysis, financial forecasts, budget comparisons and monthly and quarterly reports. • Oversees the Business Improvement District billings; and collections and assists with customer inquiries as needed; and ensures high quality customer service by staff. • Prepares, reviews, submits and presents a variety of financial reports to the Mayor, City Council, local, state and federal regulatory agencies and government offices. • Serves as staff as assigned on a variety of boards, commissions and committees; prepares and presents staff reports and other necessary correspondence as directed. • May perform other duties as assigned. Required Knowledge of: • Operational characteristics, services and activities of local government Finance, City Clerk, Information Services and Public Disclosure services,^^ aGGE)u^ding affiee including busi^ ^'i^ UMFY principles and practices related to work assigned. • Generally Accepted Accounting Principles ir�; the Governmental Accounting Standard Board (GASH; State of Washington Budgeting, Accounting and Reporting sSystem(BARS); Governmental Accounting, Auditing and Financial Reporting (GA�and related federal, state and local laws and codes. • Preparation of cost estimates for salaries and benefits for annual budgeting purposes. • Preparation of financial statements and comprehensive accounting reports including the GACFR and the City Budget budgeting PF9GedUF8S. • Grant recording and reporting for eampliance with BARS • Computer hardware and automated accounting/financial systems. • Techniques in data verification and data entry and proper coding of documents. • Analysis of complex financial statements, reports and systems. • Proper principles and practices of preparing, entering and posting journal entries. • Performing a variety of professional accounting duties including financial analyseis and forecasts. • Principles of excellent customer service and public relations. .Ass6sta��ant°'^^^^^ Deputy Director Administrative Se vices Dreetor May 2021 Formatted: Indent: Left: 0.25", No bullets or num Packet Pg. 357 9.1.f Research methods and report preparation and presentation • Record -keeping and report writing techniques. • Effective oral and written communication ^ '^'^^ and ^ ^ and -public speaking. • Modern office procedures, methods and equipment including computers and computer applications such as: word processing, spreadsheets, and statistical databases. • English usage, spelling, grammar and punctuation. • Principles of business IetteFwriting. Required Skill & Abilities in: • Administering assigned financial and accounting programs. • Meeting deadlines, working with multiple projects and overseeing, verifying, and validating the work of others, including those in other departments. • Operating automated accounting systems and general office equipment. • Identifying and reporting discrepancies. • Analyzing and interpreting fiscal and accounting reports. • Preparing informative and statistical reports. • Computing rapid and accurate mathematical computations. • Gathering data and verifying information. • Responding to inquiries from customers, regulatory agencies, audit firms or members of the City Council and local business community. • Interpreting and applying federal, state and local policies, laws and regulations. • Utilizing personal computer software programs and other relevant software affecting assigned work and in compiling and preparing spreadsheets. • Establishing and maintaining effective working relationships with staff, management, vendors, outside agencies, community groups, the City Council, and the general public. • Interpreting and administering policies and procedures sufficient to administer, discuss, resolve and explain them. • Maintaining confidentiality and communicating with tact and diplomacy. • Communicating effectively verbally and in writing, including public relations. • Supervisory and training principles, methods and techniques. • Perceiving when non -routine activities are required and offers to help without needing to be asked. • Making efforts to modify workload to assist with an emergenting problem, assignment or project whenever feasible. • Having a willingne,.;,; tn wnrk nw-rfim if needed to aehieve division goals and as a- therizerl by DepaFtMent ^'�*^rMay work an irregular schedule (morning, afternoon and evening hours). Attendance at evening City Council meetings will be required periodically. MINIMUM QUALIFICATIONS: Education and Experience: Bachelor's Degree in Accounting, Finance, Business Administration or related field and #euFfive years of progressively responsible professional accounting experience, including experience with general ledgers and journal entries, financial reports, recordkeeping and budget preparation in a medium to large scale finance or accounting department. 1n- add ition minimum of three —,five years of staff supervisory responsibility must be included in the five years of experience; preferably in government/public sector accounting; OR an equivalent combination of education, training and experience that will allow the incumbent to successfully perform the essential functions of the position. Assmstant'^^^^^ Deputy Director Administrative Services D rester A6Ma v 2021 Packet Pg. 358 9.1.f Required Licenses or Certifications: CPA license preferred. Drivers' License required if using City vehicles. Must be able to successfully complete and pass a background check including a credit check. WORKING CONDITIONS: Environment: • Office environment. • Constant interruptions. Physical Abilities • Hearing, speaking or otherwise communicating to exchange information in person or on the phone. Operating a computer keyboard or other office equipment. • Reading and understanding a variety of materials. • Sitting or otherwise remaining stationary for extended periods of time. • Bending at the waist, reaching above shoulders and horizontally or otherwise positioning oneself to accomplish tasks. Hazards • Contact with dissatisfied or upset individuals. InGurAlbent Signature: Department Director#ead: Ass6st.�.�,a.,Fm,a.°'^^^O'^^^^^ Deputy Director Administrative ServicesDireeter A6Ma v 2021 Date: Date: Packet Pg. 359 9.1.g 5% New Salary Benefit Current Title New Title Current Range Current Step Pay Increase New Range Step Pay Increase Increase Total City Clerk NA Non Rep 14 NA NA NA Deputy City Clerk NA AFSCME 11 NA NA NA Senior Office Specialist NA AFSCME 6 NA NA NA Business Licensing Clerk Administrative Assistant AFSCME 7 4 $4,941 $5,188 AFSCME 9 3 $5,255 $1,884 $603 $2,487 PD & RM Specialist Public Records Officer AFSCME 9 5 $5,797 $6,087 AFSCME 11 4 $6,205 $2,448 $783 $3,231 Total $5,718 Packet Pg. 360 9.1. h O u) w u a� U) m L N E Q O d :i 0 Jn �C L U O O1 L O NNd Ly�L+ L t U tm L O U) :.i d > R L Q i c� G L Q Packet Pg. 361 9.2 City Council Agenda Item Meeting Date: 05/18/2021 Stage 2 Tree Issues Staff Lead: Kernen Lien Department: Planning Division Preparer: Kernen Lien Background/History The City of Edmonds adopted an Urban Forest Management Plan (UFMP) in July 2019 which included goals and policy guidance for tree retention within the City of Edmonds. Goal 1.A of the UFMP is to: Update tree regulations to reduce clearcutting or other development impacts of the urban forest and consider changes to tree replacement requirements and penalties for code violations. The City of Edmonds began an update of the City's tree regulations in 2020 with the primary focus of having requirements for development that will result in more trees being retained when properties are developed and to require replanting for trees that are removed. The Planning Board reviewed draft tree code regulations throughout the final quarter of 2020, holding a public hearing on the draft regulations December 9, 2020 and forwarding a recommendation to the City Council following the January 13, 2021 Planning Board meeting. The City Council began reviewing the Planning Board's recommendation at the January 26, 2021 Council meeting and adopted a version of the tree regulations on March 2, 2021 under Ordinance No. 4218. Throughout March and April, the Council continued to make amendments to the tree regulations adopted under Ordinance No. 4218 and adopted the amendments on April 13, 2021 under Ordinance No. 4220. Staff Recommendation Provide guidance on the scope of Stage 2 tree regulations. Narrative During the review of the tree regulations, several comments were received on the limited scope of the tree regulations. When the Planning Board forwarded their recommendation on the regulations to the City Council, the Planning Board wanted to acknowledge the public comments received during in Planning Board's review and recommended that the Council continue with a Stage 2 of tree regulations. The City Council also expressed a desire to expand the scope of the regulations and explore other actions that can help the City achieve the goal of no net loss of canopy coverage and also provide net ecological gain. Several tree related actions have been identified for Stage 2 tree actions, which include further regulation updates that apply to developed properties, conducting a tree canopy assessment, updating the City Street Tree Plan, and other tree related activities. Stage 2 topics and estimated timelines are provided in Exhibit 1. A few of these identified actions could pertain to subsequent code development including tree retention on private property (not related to development), view corridors, wildlife & habitat corridors, and a Heritage Tree Program. Before embarking on the next stage of tree code development, staff and the Packet Pg. 362 9.2 Planning Board will need some direction from the Council on the potential approaches to pursue during code development. Exhibit 2 is a memorandum that outlines some options and issues for developing Stage 2 tree regulations for Council consideration. Attachments: Exhibit 1: Upcoming Tree Actions Exhibit 2: Stage 2 Tree Code Considerations Packet Pg. 363 9.2.a Proposed 3/2/20 UPCOMING TREE -RELATED ITEMS & TIMING ITEM Q2 2021 Q3 2021 Inventory of downtown street trees Inventory of other public trees Street Tree Plan update Tree canopy assessment Heritage Tree Program Tree Canopy goal Assessment of staffing & other resource needs Incentive program using stormwater utility fee reductions Exploration of other incentive programs Open space acquisition Tree retention on private property (not related to development) Partnerships with other organizations Annual reports on City tree activities Tree give-away program View corridors Wildlife & habitat corridors Expanded public education & information Stormwater & Watershed Analysis Other tree -related issues Q4 2021 2022 or TBD Q Packet Pg. 364 9.2.b Edmonds City Council Agenda Memo `11C. 1 gy- Meeting Date: May 18, 2021 Agenda Subject: Tree Code Stage 2 m a� Staff Lead / Kernen Lien, Environmental Programs Manager Author: a� a� Cn c Introduction .° During review of the development related tree regulations update in the first half of 2021, the City Council expressed a desire to expand the scope of the tree regulations. Staff identified a number of Stage 2 tree related actions (Exhibit 1). A few of these identified actions could pertain to subsequent code development including tree retention on private property (not related to development), view corridors, wildlife & habitat corridors, and a Heritage Tree Program. Before embarking on the next stage of tree code development staff and the Planning Board will need direction from the Council on the potential approaches to pursue during code development. Tree Retention on Private Property Not Related to Development The Urban Forest Management Plan (UFMP) notes that about 83% of the City's canopy is located on private residential properties. Given that the preponderance of the City's urban forest is located on private property, these properties are critical in meeting a goal of no net loss of the City's urban forest canopy. Goal LA of the UFMP provides: A. Update tree regulations to reduce clearcutting or other development impacts on the urban forest and to consider changes to tree replacement requirements and penalties for code violations Stage 1 one of the tree regulations update focused on this first goal in the UFMP. Interest was expressed from members of the Planning Board, City Council, and public in expanding tree regulations to address trees on private property that is not being developed and does not have critical areas present. Some options for tree retention code on private property include those below. Note that most, if not all, of these options would require more resources (staffing, consultants or both). City of Edmonds caR City Council Packet Pg. 365 9.2.b 1. Require a fee permit for removal of any significant tree (6 inch or larger DBH) on private property. This option would require additional staff resources. 2. Allow the removal of a certain number of significant trees on a given property over a certain time period. For example, two significant trees may be removed from a property per year. This option does not require a paid permit but would require submittal and approval by the City to track tree removal to ensure more than the allowed number of trees are not removed. This option will require additional staff resources. 3. Allow for the removal of a certain number of trees with a diameter of less than 24 inches diameter at breast height (DBH) to be removed on a given property over a certain time period. Similar to number 2 above, but only allows the removal of smaller trees without a paid permit. More documentation will need to be provided to the City with this option to review the diameter of trees proposed for removal. 4. Require a paid permit for removal of more than the allowed number of trees over a certain period of time or trees with a 24 inch or great DBH. For this option and number 1 above, criteria will need to be established for the permit review. When would the City deny a requested tree cutting permit? Or is it just allowed with a permit? Do the permitted tree removals require replanting where the allowed tree removals do not, thus a fee is required for the additional review? 5. For all of the above options, review could include a review of tree retention as in Chapter 23.10 ECDC. Does a property need to retain at least 30% of the trees with the allowed removals in Options 2 and 3? Or only when a permit is required? 6. Consider whether all residential properties should be required to have a minimum number of trees or tree coverage, perhaps with certain exceptions. Heritage Tree Program Goal 1.D of the UFMP is to develop a voluntary Heritage Tree Program. A Heritage Tree Program is a way to recognize unique or special trees and to recognize stewardship of the urban forest by local property owners. While the UFMP notes a voluntary Heritage Tree Program, the level protection provided to designated heritage trees is not noted. Below are some options for consideration with a Heritage Tree Program. 1. A completely voluntary program where a property owner must sign a nomination form for a specific tree and provide protection of the tree while it is designated as a heritage tree. However, if the property owner so desires, the heritage tree may be removed from the heritage tree program and removed consistent with the City's adopted tree regulations. This is similar to the Edmonds Register of Historic Places where the property must sign a nomination Page 2 of 6 Packet Pg. 366 9.2.b form and follow certain rules while a property is on the register, but the property owner also has the option to remove a register property. 2. A voluntary program where a property owner must sign a nomination form. Then once a tree has been designated as a heritage tree, that tree must be protected and could not be removed unless the tree became a hazard or 3. Another less voluntary option would be to allow tree to be nominated as a heritage tree and protected without the owner signing a nomination consent form. There are some serious property rights issues that would need to be evaluated if this option were pursued. View Corridors During review of the tree regulations, several comments were submitted concerning trees obstructing views. The UFMP recognizes views are an important aspect of living in Edmonds (at least in some areas) but does not provide any specific goals related to view protection. The City's Comprehensive Plan and policies recognize the protection of public views (views from parks or view corridors down streets and street ends) but does not specifically address private view protection. View protection may be established through private view protection easements limiting the height of vegetation and structures on one property to protect views on another. Private view easements may be purchased and are sometimes set up during a subdivision or before a person sells a piece of property. These easements are private easements however and not regulated or enforced by the City of Edmonds. Enforcement of view easements is a civil matter between the property owners to which the easement applies. Should the City pursue regulations regarding trees and views, it should be noted that the City would then become an arbitrator between two (or more) property owners. To some people, trees are the view while to others trees block the view. Below are some options for consideration in incorporating some view aspects into the tree regulations. Furthermore, Washington State has very strong protections granted to private property rights, and the City will have limited ability to enforce restrictions on one property to protect the view afforded another. 1. Not all areas of the City are blessed with views. The City may consider establishing "view sheds" or "view areas" within the City where views are given extra consideration when a tree planting plan is being developed. Options for the "view areas" may include: a. Limiting the mature height of trees being planted to the allowable height of the zone in which the tree is being planted. In single family zones, this would mean that trees planted in a "view area" could not be taller than 25 feet when that tree reaches maturity. This is a blanket approach which Page 3 of 6 Packet Pg. 367 9.2.b may have unanticipated down -sides, such as not allowing for native species that grow taller. b. Require a "view corridor" over a percentage of the property line where trees could not be planted. For comparison, the Shoreline Master Program requires a view corridor be maintained across 30 percent of the average parcel width. This would not result in an unobstructed view, but will preserve some view while allowing the planting of trees that reach a taller mature height. 2. Establish "view areas" where trees may be removed if they grow up into a view. The City could establish a process where a property owner who has lost views that once existed when they purchased the property to require the trees on their property that have grown into their view to be removed or trimmed to reestablish the view. If the City pursues developing regulations with regard to private views, other factors such as critical areas must also be taken into consideration. For example, north Edmonds view shed is associated with significant slopes (potential landslide hazards are slopes 40% and greater) as well as a historic landslide area that has specific regulations that apply to development in that area (Chapter 19.10 ECDC — Earth Subsidence and Landslide Hazard Areas) in addition to critical area regulations. The mechanical and hydrogeological benefits which trees and other vegetation provide to maintain slope stability and reduce erosion are well documented. Equity Issues Edmonds is a varied city that has developed over many years. In some areas, large swaths of native trees have been cut — as part of intense urban development or sometimes to afford maximum views. Elsewhere, many trees remain, due to limited incentives to remove them or perhaps the landscape did not encourage their removal (e.g. steep slopes or stream corridors). If the City pursues regulating trees on private property beyond what is already done through the critical areas code, equity concerns should be considered. For example, is it fair to insist that those property owners who have large stands of trees remaining be solely responsible for the continued cost of tree maintenance and upkeep while those who have already cleared their property (whether for view or other considerations) do not bear any costs? A balancing of private property rights with public benefit and an equal sharing of related costs needs to be part of the discussion. Wildlife & Habitat Corridors Protection and enhancement of wildlife & habitat corridors was raised during review of the tree regulations. While tree retention is important everywhere, it is particularly Page 4 of 6 Packet Pg. 368 9.2.b critical in the stream and wildlife corridors. These areas are largely protected by the City's critical area regulations. However, much of the City was developed prior to the establishment of critical area or other environmental regulations. One option to improve wildlife and habitat corridors would be to work with landowners to improve the quality of the City's stream and wildlife corridors. Currently, the City's stormwater crews are the primary contact with streamside landowners and have been providing landowners with best management practices such as the information provided on the City's stormwater website. The City could also partner with organizations like Stream Keepers to help educate streamside property owners. Over the past several years the City has been supporting Students Saving Salmon which has been doing excellent documenting the state of the City's streams and working with y property owners and streamside maintenance and planting. A percentage of the tree vouchers from the Tree Fund program could be targeted for planting within stream and wildlife corridors. N The City's critical area code has regulations regarding corridor protection in the wetland a� section (ECDC 23.50.040.F) and the 30% native vegetation requirement in ECDC 23.90.040.0 is intended to help protect wildlife and habitat corridors. _ If the intent is to protect, enhance, expand, or establish wildlife corridors in upland areas not associated with critical areas more information and criteria for the type of habitat we are trying to protect or establish needs to be determined. For instance, the critical area code defines "habitats of local importance" as: areas that include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, talus, and wetlands. In urban areas like the city of Edmonds, habitats of local importance include biodiversity areas and corridors, which are characterized by a framework of ecological components which provides the physical conditions necessary for ecosystems and species populations to survive in a human -dominated landscape. These habitats of local importance are usually associated with a "species of local importance" which the critical area code defines as: those species that are of local concern due to their population status, their sensitivity to habitat manipulation, or that are game (hunted) species. No species of local importance or habitat of local importance has been identified in the City of Edmonds. If the City wants to pursue establishing wildlife corridors beyond those currently described in the critical areas regulations and best available science report, additional studies will be required. Page 5 of 6 Packet Pg. 369 9.2.b Other information that will be important for improving wildlife and habitat corridors will be the canopy assessment the City will be conducting. The canopy assessment could identify existing corridors and areas where planting should be a priority for providing connections that may have been lost. Incentives No net loss cannot be achieved via regulation alone. Apart from Goal LA of the UFMP which relates to developing regulations to retain trees during development, there are no goals in the UFMP that address developing regulations for private property that are not being developed. Rather the UFMP Goal 3 discusses developing incentives for private property. Goal 3 provides: Goal 3 - Incentivize protecting & planting trees on private property To ensure success with enhancing the tree canopy, the city recognizes that voluntary public participation must be encouraged. The following actions will support this objective. A. Have a program of giving away trees and/or tree vouchers for use in Edmonds B. For properties that retain a certain amount of tree canopy cover, explore establishment of: A property tax "rebate" applicable to the City portion of property taxes; and/or ii. A stormwater utility fee reduction; and/or iii. Other techniques that provide a financial recognition of the benefits of tree planting and protection. C. Develop a certification/awards program to publicly recognize property owners that maintain a certain amount or type of healthy trees Rather than pursing the regulations for tree retention on private property not related to development, the City could focus its efforts on developing incentive programs for protecting and planting trees on private property. Even if the City pursues tree regulations for private property not related to development, it should be combined with incentive programs. Page 6 of 6 Packet Pg. 370 9.3 City Council Agenda Item Meeting Date: 05/18/2021 Master Permit authorizing Placement of Small Wireless (Small Cell) Facilities in the City's Rights -of -Way Staff Lead: City Attorney, Public Works, Planning Department: City Attorney's Office Preparer: Scott Passey Background/History The Council passed amendments to chapter 20.50 ECDC, Wireless Communication Facilities, in April 2019, addressing site specific requirements for locating small wireless facilities. Chapter 20.50 requires a Master Permit as a condition of receiving a wireless facilities permit and a right of way construction permit, and all three are required in order to place wireless facilities in the City's rights -of -way. Staff Recommendation That the City Council be advised about the Master Permit and take final action on June 15, 2021, passing an ordinance containing the draft language recommended by city staff and the City Attorney's Office. Narrative New Cingular Wireless, PCS, LLC aka AT&T ("New Cingular"), has asked the City for permission to place its small wireless facilities in the City's rights -of -way. Before placing its small wireless facilities in the city's rights -of -way, New Cingular needs to obtain the following permits: Master Permit, which must be granted by the City Council; and Wireless facilities permit and right-of-way construction permits which are granted administratively by city staff according to the procedures of chapter 20.50 ECDC. City staff have been working on the wireless facilities permit and rights -of -way construction permit applications which were submitted by New Cingular with paid permit fees at the end of March. The City Attorney's Office in consultation with city staff has been negotiating the terms of a Master Permit for a little over a year. The following legal framework surrounding cities' authority to regulate telecommunications service providers may be helpful for City Council to have in mind when considering this matter: RCW 35A.47.040: The state statute generally authorizing code cities to grant nonexclusive franchises for use of the rights -of -way for various utilities, including communications, and requires passage by the city council by approving vote of at least a majority of the entire council. RCW 35.99: The state statute applicable to telecommunications, establishing a system whereby cities may grant "master permits" (also known as franchises) for use of the city's rights -of way for placement of facilities for telecommunications service. The Telecommunications Act of 1996: The federal law that addresses state and local Packet Pg. 371 9.3 governments' ability to regulate telecommunications including wireless telecommunications. 47 U.S.C. 253 (a) and 47 U.S.C. 332(c)(7) reflect Congressional intent to expand deployment of wireless services and authorize the FCC to preempt any state and local requirements that "prohibit or have the effect of prohibiting" any entity from providing telecommunications services. FCC orders: Orders promulgated under the authority of Congressional statute and governing the installation and management of small wireless facilities, including the manner in which local governments can regulate them, often spelling out limits on local governments' authority to regulate telecommunications providers. The following are some questions and answers that might be of interest to the City Council: 1. What is Council being asked to do? Council is being asked to approve an ordinance authorizing the Mayor to execute a Master Permit containing the language recommended by city staff and the City Attorney's Office, attached. The parties agree in most respects to the attached draft language but disagree over parts of the indemnity (further addressed below). The parties are further discussing an aspect of relocation, but that is expected to be mutually resolved, and counsel for AT&T is reviewing the draft presently. 2. What is a Master Permit? A Master Permit is a franchise for telecommunications providers issued under the authority of RCW 35.99 which is a general authority for a telecommunications provider to place its facilities in the City's rights -of -way in order to provide telecommunications services. 3. What are some of the main items covered in this Master Permit? It gives a general permission to place small wireless facilities and associated equipment located within ten feet of a support structure in the City's rights -of -way, subject to other required permits and the terms of the Master Permit. It specifies that prior to placement the provider needs a wireless facilities permit and a right-of-way construction permit, considered in accordance with the procedures of chapter 20.50 ECDC. It has a five-year term, subject to renewal by the city council, and requires any defaults be cured before any renewal will be granted. Other providers may obtain master permits or franchises as well. City can require relocation of the facilities at New Cingular's expense in accordance with RCW 35.99, e.g., to accommodate a public improvement project, and sets agreed procedures. New Cingular shall reimburse the City for its actual administrative costs incurred. No franchise fee is charged as dictated by RCW 35.21.860. New Cingular will indemnify the city, maintain specified insurance, and assume risk of damage to its facilities. New Cingular will maintain an inventory of its facilities with a copy to the City and provide updates. New Cingular agrees to comply with all applicable laws, standards, and regulations relating to its facilities and at all times will maintain them in a safe condition in good order and repair. Procedures are specified in the event of a breach, including notice and an opportunity to respond and request public hearing before Council. In addition to termination, the City may impose lesser sanctions, including, but not limited to, monetary penalties, for violation of this Master Permit. New Cingular will establish a permanent security fund in the amount of $50,000 to guarantee the performance of its requirements under the Master Permit and payment of sums due the City. Certain provisions survive expiration or termination of the Master Permit for the protection of the City, e.g., the indemnity and insurance provisions. Packet Pg. 372 9.3 4. Does Council have discretion to grant a Master Permit? The Telecommunications Act of 1996 states that no local government may prohibit or effectively prohibit the provision of telecommunications service. Congress expressly preempted state and local governments from enacting laws or ordinances that conflict with this mandate; however, Congress allowed cities to retain the ability to manage the rights -of -way. We can negotiate terms of our agreement but cannot prohibit the provider from providing their telecommunications service. 5. Is New Cingular the first provider seeking permits to install small wireless facilities within the City of Edmonds rights -of -way? Yes. 6. Is New Cingular providing 5G? The Master Permit authorizes the provision of telecommunications services and does not specify any particular generation of wireless service or broadband technology. The Council may inquire of New Cingular what types of service technology it plans to utilize. 7. Does New Cingular need PUD's approval before locating its equipment on PUD's poles? Yes. That approval is required in ECDC 20.50.070(G). 8. Can Council see images of what is planned to be installed in the City's rights -of -way? Aesthetic review occurs as part of the site -specific review, which is an administrative process as provided in chapter 20.50 ECDC. There is no aesthetic review as part of the master permit process. ECDC 20.50.070 (D) requires any applicant for a wireless facilities permit to submit photos and photo simulations showing the existing appearance of each site and the appearance of the proposed installation from nearby public viewpoints. City staff should have these items to share with Council. 9. I've heard there are "shot clocks." What are they and do they apply here? The FCC has created time limits, called shot clocks, for cities to process applications to locate small wireless facilities. The shot clock started to run in this case when New Cingular submitted its small wireless facilities application and paid its permit fees. Shot clocks apply to all local government authorizations required of the applicant. In this case the shot clock started running on March 31, 2021, and is sixty days. New Cingular has been informed of the schedule for Council consideration and approval extending into June. 10. What is the disagreement over the indemnity? The City Attorney's Office and staff are recommending an indemnity that specifically addresses RF emissions, whereas New Cingular wants an indemnity that does not specifically address RF emissions. From our point of view, this is not a statement on RF safety but rather simply an assurance that the provider will defend and indemnify the City on this issue, regardless of compliance with FCC standards, if it should ever arise. From the provider's point of view the language makes it sound as if RF emission is something that should be of public concern. 11. Is the federal government regulating RF emissions? Yes. The FCC is obligated to evaluate the potential impacts of human exposure to radiofrequency emissions under the National Environmental Policy Act. Over the years the FCC has adopted radiofrequency standards which limit the amount of radiation that can be emitted from wireless transmitters and has created a framework to ensure compliance with those limits. In December 2019 the FCC issued an order finding its existing RF exposure limits should remain unchanged. Packet Pg. 373 9.3 12. Have the courts upheld recent FCC orders? Yes. The FCC has promulgated orders relating to the installation and management of small cell facilities. The Ninth Circuit Court of Appeals has recently upheld several orders issued in 2018, holding that, "We conclude that, given the deference owed to the agency in interpreting and enforcing this important legislation, the [orders] are, with the exception of one provision, in accord with the congressional directive in the Act, and not otherwise arbitrary, capricious, or contrary to law." City of Portland v. United States, 969 F.3d 1020, 1032 (2020). 13. What if Council wants to impose conditions on the placement of the wireless facilities based on RF emissions? The United States Congress has the authority to preempt state and local regulation in the area of telecommunications, including wireless telecommunications. This is authority granted to Congress under the Commerce Clause of the United States Constitution. Congress has enacted legislation -The Telecommunications Act of 1996- as well as earlier legislation, asserting federal control of telecommunications. In regards to radio frequency, or RF, Congress has granted authority to establish RF emissions standards only to the Federal Communications Commission (FCC) and preempted all municipal regulation of radiofrequency emission to the extent that such facilities comply with federal emissions standards. Therefore, local officials' hands are largely tied in this area. 14. What if there are violations of any health and safety requirements? We do not expect violations from the provider. These requirements are specified to make clear the parties' intentions surrounding New Cingular's compliance will all applicable regulations relating to health and safety. However, if there is a violation, the following language applies: "If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with Permittee, establish a reasonable time for Permittee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from Permittee." However, with regard to any RF violation, the provider is required to shut off the device within 48 hours of being notified. If there are repeated violations, the City can invoke the forfeiture and revocation procedures of Section 25, which provides that in addition to termination, the City may impose lesser sanctions, including, but not limited to, monetary penalties, for violation of this Master Permit. 15. What can I do if I still have concerns about RF emissions? In 2000 the FCC published a guide called, "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance." If there are concerns about compliance with FCC standards, the guide suggests interested persons should contact the provider because the provider is required to understand the FCC's rules and to know how to apply them in specific cases at specific sites. If that does not resolve any issue, then interested persons should contact the FCC. The 2000 publication provides the following contact information: Compliance and Information Bureau (888) CALL -FCC. Concerns about RF emissions exposure at a particular site: Office of Engineering and Technology, RF Safety Program, phone (202) 418-2464; rfsafety@fcc.gov <mailto:rfsafety@fcc.gov. Licensing and Site Information Regarding Wireless Telecommunications Services, Wireless Communications Bureau, Commercial Wireless Division (202) 418-0620. You can also contact your federal elected officials. Attachments: Packet Pg. 374 9.3 210513 City of Edmonds Draft Master Permit -Track Changes Accepted Packet Pg. 375 9.3.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A NON-EXCLUSIVE MASTER PERMIT AGREEMENT TO INSTALL, OPERATE, AND MAINTAIN SMALL WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, ESTABLISHING AN EFFECTIVE DATE. WHEREAS, New Cingular Wireless PCS, LLC, is a Delaware limited liability company whose sole member is AT&T Mobility II LLC and whose sole manager is AT&T Mobility Corporation, with its principal offices at: 1025 Lenox Park Blvd. NE, Yd Floor, Atlanta, GA 30319; and WHEREAS, New Cingular Wireless PCS, LLC, has an existing Master Use Agreement with the City of Edmonds effective February 25, 2005 and with a maximum term of twenty years; and WHEREAS, on April 2, 2019, the City Council passed ordinance 4147, amending Chapter 20.50 of the Edmonds Community Development Code, entitled "Wireless Communications Facilities," updating standards and process requirements of wireless communications facilities, including new standards relating to location preference hierarchy and design standards for small wireless facilities in the right-of-way; and WHEREAS, since Chapter 20.50 was amended New Cingular Wireless PCS, LLC, has requested that the City grant it the right to enter, use, and occupy the city right-of-way in order to install, operate, and maintain its planned small wireless facilities deployments: a wireless network consisting of a collection of interrelated small wireless facilities designed to deliver telecommunications services, and WHEREAS, due to the Chapter 20.50 amendments, the City requires a new Master Permit relating to New Cingular's new, and any existing, small wireless facilities; however, the existing Master Use Agreement shall continue to govern and control with respect to New Cingular Wireless PCS, LLC's macro facilities and associated equipment installed in the City's right-of-way; and WHEREAS, the City Council has the authority under RCW 35A.47.040, RCW 35.99.020 and Chapter 20.50 of the Edmonds Community Development Code to grant, issue, or deny Master Permit Agreements for the use of city right-of-way; and WHEREAS, the City is willing to grant the rights requested subject to certain terms and conditions. Packet Pg. 376 9.3.a NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Definitions. For the purposes of this Master Permit Agreement, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. a. "Affiliate" means an entity which owns or controls, is owned or controlled by, or is under common ownership with the Permittee. b. "City" means the City of Edmonds, Washington. C. "Facility" or "Facilities" means Permittee's owned, operated, or controlled Small Wireless Facilities as defined in the Edmonds Community and Development Code (ECDC) 20.50, incorporated herewith. Facilities further includes any Permittee owned or controlled Small Wireless Facility support structures, e.g. poles, and any conduit, wires, coaxial cables, fiber, and other equipment necessary to operate the Small Wireless Facility that is within ten (10) feet of any support structure --whether Permittee owned or not --to which the Small Wireless Facility is attached. Facilities do not include any equipment that is not within ten (10) feet of any support structure to which the Small Wireless Facility is attached (excluding any strand -mounted unit). Facilities do not include anything used to provide wireline services, fronthaul or backhaul services. Facilities do not include anything that is not within the Right -of -Way, or that is covered under a separate master permit or franchise. d. "FCC" means the Federal Communications Commission, or any successor governmental entity thereto. e. "Master Permit Agreement" or "Master Permit" shall mean this agreement, or renewal thereof, granted by the City pursuant to ECDC 20.50.020(C), through this Ordinance, or a subsequently adopted Ordinance. f. "Permittee" means New Cingular Wireless PCS, LLC, a Delaware limited liability company, or the lawful successor, transferee, or assignee thereof. g. "Person" is to be interpreted in its broadest sense and includes individuals, corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies, and any other entity or organization. h. "Public Ways" or "Rights -of -Way" means land acquired or dedicated for public roads and streets in the Service Area, but does not include: 2 Packet Pg. 377 9.3.a (a) State highways; (b) Land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (c) Structures, including poles and conduits, located within the right-of- way; (d) Federally granted trust lands or forest board trust lands; (e) Lands owned or managed by the state parks and recreation commission; or (f) Federally granted railroad rights -of -way acquired under 43 U.S.C. Sec. 912 and related provisions of federal law that are not open for motor vehicle use; (g) buildings or other City -owned physical facilities; and (h) parks, poles, conduits, fixtures, real property or property rights owned by the City, or similar facilities or property owned by or leased to the City i. "Reasonable" or "reasonably" means an action or decision for which a reason or basis can be stated, such reason or basis arising from the facts and circumstances of the particular situation presented. Reasonable or reasonably is contrasted with arbitrary, i.e., unreasoning action, without consideration and in disregard of facts and circumstances. Where there is room for two opinions, a decision is reasonable even though one may believe an erroneous conclusion has been reached. j. "Service Area" means the present municipal boundaries of the City, and shall include any additions thereto by annexation or other legal means. k. "Telecommunications Service" means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. "Information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications Service shall not include the over -the -air transmission of broadcast television or broadcast radio signals, nor the provision of Cable Services as defined in 47 U.S.C. Section 522(6), for which a separate permit and franchise would be required. Section 2. Terms, Conditions, and Provisions of ECDC Chapters 20.50 and 18.60 Incorporated by Reference. The terms, conditions, and provisions of Chapters 20.50, and 18.60 of the Edmonds Community and Development Code (ECDC), existing at the time of execution of this Master Permit or as may thereafter be amended, are incorporated herein by reference. All rights granted hereunder are subject to the terms, conditions, and requirements of Chapters 20.50 and 18.60 ECDC. Section 3. Authority Granted. The City hereby grants to the Permittee, its heirs, successors, legal representatives, and assigns, subject to the requirements of Chapters 20.50 and 18.60 ECDC and the terms and conditions hereinafter set forth, the right, privilege, and authority to construct, operate, maintain, and replace Permittee's Facilities in the Public Ways for the purpose of providing Telecommunications Service. The City may require a license agreement prior to Packet Pg. 378 9.3.a placement or replacement of any support structures in the Public Ways or any attachment to City owned poles. No substantive expansions, additions to or modifications or relocation of any of the Facilities shall be permitted without first having received prior authorization from the City. Section 4. Authority Limited to Occupation of Public Ways. The authority granted herein is a limited authorization to occupy and use the Public Ways of the City. No authority is granted to occupy or use any City owned or leased properties. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Public Ways of the City to the Permittee, nor shall anything contained herein constitute a warranty of title. Section 5. Wireless Communication Facility Permits and Right -of -Way Construction Permits Required. A. Prior to site -specific location and installation of any portion of its Facilities within a Public Way, the Permittee shall apply for and obtain both a wireless communication facility permit pursuant to ECDC 20.50. and a Right -of -Way construction permit pursuant to ECDC 20.50.020(D) and ECDC Chapter 18.60. The Public Works Director or designee shall review wireless communication facility permit applications according to the procedure set forth in ECDC 20.50. In addition to any criteria set forth in ECDC Chapterl8.60, the Public Works Director or designee shall apply the following criteria in the issuance or denial of a Right -of -Way construction permit application: 1. Whether the Permittee has received all requisite licenses, certificates, and authorizations from applicable federal, state, and local agencies with jurisdiction over the activities proposed by the Permittee; 2. Whether there is sufficient capacity in the Public Ways to accommodate the Permittee's proposed Facilities; 3. The capacity of the Public Ways to accommodate additional utility, cable, and facilities if the construction permit is granted; 4. The damage or disruption, if any, of public or private facilities, utilities, improvements, service, travel or landscaping if the construction permit is granted; 5. The public interest in minimizing the cost and disruption of construction within the Public Ways.; and 6. If any criteria lead the Public Works Director to deny Permittee a Cconstruction permit, then City will consider any alternate routes and/or locations that may be proposed by Permittee. B. Unless otherwise provided in said Right -of -Way construction permit and except for emergency repairs, the Permittee shall give the City at least forty-eight (48) hours' notice of 2 Packet Pg. 379 9.3.a the Permittee's intent to commence work in the Public Ways. The Permittee shall file plans or maps with the City showing the proposed location of its Facilities and pay all duly established Right -of -Way construction permit and inspection fees associated with the processing of said permit. Except as otherwise provided in this Master Permit Agreement, no work shall commence within any Public Way without said Right -of -Way construction permit. C. The City may adopt procedures combining the application and resulting permit for wireless communication facility and Right -of -Way construction permits. Section 6. Term of Master Permit; Standards for Renewal. A. Term. The term of this Master Permit shall be for a period of five (5) years from the date of acceptance as set forth in Section 39 (Acceptance), unless sooner terminated as provided herein. B. Renewal of Master Permit --Procedure. If Permittee desires to renew its Master Permit for an additional term it shall, not less than 180 days before expiration of the current Master Permit, file an application with the City for renewal which shall include the following: 1. The information required pursuant to ECDC 20.50.020(C) 2. Any proposed changes to the current Master Permit submitted electronically in Word format, proposed changes in track changes. Either party may propose changes; 3. Any information required pursuant to the current Master Permit; and 4. Such other information as the Public Works Director, in his/her discretion, shall deem appropriate; 5. An application fee for recovery of City staff costs which may be set by the City Council by resolution, and an additional amount for recovery of costs for attorneys, consultants, and City Attorney's Office review. C. Renewal of Master Permit -Standards. The city council shall decide whether to renew, renew with conditions, require a new master permit, or deny the application, all in accordance with the terms and procedures of ECDC 20.50.020(C). D. Renewal of Master Permit -Obligation to Cure. No Master Permit shall be renewed until any ongoing violations or defaults in the Permittee's performance under the Master Permit, the requirements of Chapter 20.50 ECDC, the Edmonds Code, as applicable, and any other lawful applicable regulations with respect to use and management of the Public Ways, other ways, and City property, have been cured, or a plan detailing the corrective action to be taken by the Permittee has been approved by the City. 5 Packet Pg. 380 9.3.a Section 7. Non -Exclusive Grant. This Master Permit shall not in any manner prevent the City from entering into other similar agreements or granting other or further Master Permit Agreements, franchises, Right -of -Way permits in, under, on, across, over, through, along or below any of said Public Ways of the City, nor from exercising such other powers and authorities granted to the City by law. Permittee shall construct, install, maintain, and continuously operate its Facilities to prevent interference with the other facilities in the Public Ways and the operation thereof. Further, this Master Permit shall in no way prevent or prohibit the City from using any of its Public Ways as authorized by law or not prohibited by law or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of the same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new Public Ways, all in compliance with this Master Permit and applicable law. Section 8. Relocation of Facilities. A. Where relocation of Facilities is required by the City, City and Permittee shall comply with RCW § 35.99.060(2). If RCW 35.99.060(2) is amended after the date of this Master Permit, then the parties' obligations are likewise amended. B. Permittee acknowledges that its Facilities may need to be relocated during the term of this Master Permit Agreement. Permittee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate, or remove from any Public Way any portion of its Facilities when so required by the Public Works Director by reason of traffic conditions, public safety, dedications of new Public Ways and the establishment and improvement thereof, widening and improvement of existing Public Ways, street vacations, highway construction, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity; provided that the Permittee shall in all cases have the privilege to temporarily relocate, in the authorized portion of the same or similar public way upon approval by the Public Works Director, any Facility required to be temporarily disconnected or removed. The provisions of this Section 8 apply regardless of whether Permittee relocates to a location inside or outside of the Public Way (for example, if as a result of a road widening project Permittee prefers to relocate onto adjacent private property with the consent of the private property owner.) C. Upon the reasonable request of, and with at least thirty (30) days' notice from, the Public Works Director and in order to facilitate the design of City street and right-of-way improvements, the Permittee agrees to, at its sole cost and expense, locate, and if reasonably determined necessary by the City, to excavate and expose portions of its Facilities for inspection so that the location of same may be taken into account in the improvement design, PROVIDED that Permittee shall not be required to excavate and expose its Facilities unless the Permittee's as -built plans and maps of its Facilities submitted pursuant to Section 19 (Inventory) of this Master Permit are reasonably determined by the Public Works Director to be inadequate for purposes of this paragraph. The decision to require relocation of said Facilities in order to accommodate the City's improvements shall be made by the Public Works Director upon review of the location and construction of the Permittee's Facilities. 0 Packet Pg. 381 9.3.a D. If the Public Works Director determines that the project necessitates the relocation of the Permittee's then existing Facilities, the City shall: 1. Within a reasonable time, which shall be no less than sixty (60) days, prior to the commencement of such improvement project, provide the Permittee with written notice requiring such relocation. Provided, however, that in the event an emergency posing a threat to public safety, health or welfare, or in the event of an emergency beyond the control of the City and which will result in severe financial consequences to the City, the City shall give the Permittee written notice as soon as practicable; and 2. Provide the Permittee with copies of information for such improvement project and a proposed location for the Permittee's Facilities so that the Permittee may relocate its Facilities in other Public Ways in order to accommodate such improvement project. City will strive to afford a location from which Permittee can provide substantially similar service to that provided from the original location whenever practicable. 3. The Permittee shall complete relocation of its Facilities at no charge or expense to the City so as to accommodate the improvement project at least 10 days prior to commencement of the project. In the event of an emergency as described herein, the Permittee shall relocate is Facilities within the time period specified by the Public Works Director. E. The Permittee may, after receipt of written notice requesting a relocation of its Facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise the Permittee in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the Facilities. If so requested by the City, the Permittee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by the Permittee full and fair consideration, within a reasonable time, so as to allow for the relocation work to be performed in a timely manner. In the event the City ultimately determines that there is no other reasonable alternative, the Permittee shall relocate its Facilities as otherwise provided in this Section. F. The provisions of this Section shall in no manner preclude or restrict the Permittee from making any arrangements it may deem appropriate when responding to a request for relocation of its Facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City -owned, operated or maintained facilities; provided, that such arrangements do not unduly delay a City construction project. G. Permittee acknowledges and agrees that the placement of its Facilities on third party - owned poles does not convey an ownership interest in such poles. Permittee acknowledges and agrees that to the extent Permittee's Facilities are on poles owned by third parties, the City shall not be responsible for any costs associated with requests arising out of a relocation. A relocation 7 Packet Pg. 382 9.3.a includes movement of Facilities arising out of pole removal, replacement or upgrade. Permittee is not permitted to purchase any utility owned pole in order to avoid relocation or costs associated with relocation unless specifically authorized by the City. H. The Permittee will indemnify, hold harmless, and pay the costs of defending the City against any and all claims, suits, actions, damages, or liabilities for delays on City construction projects caused by or arising out of the failure of the Permittee to relocate its Facilities in a timely manner; provided, that the Permittee shall not be responsible for damages due to delays caused by the City or circumstances beyond the reasonable control of the Permittee. I. The cost and expenses associated with relocation of the Permittee's Facilities shall be the responsibility of the Permittee unless the Permittee had paid for the relocation cost of the same Facilities at the request of the City within the past five years. Notwithstanding any other provision of this Ordinance, in the event of a conflict between this Ordinance and the provisions of applicable state law, the provisions of the applicable state law shall control. J. In the event of an unforeseen emergency that creates a threat to the public safety, health, or welfare, the City may require the Permittee to relocate its Facilities at its own expense, any other portion of this Section notwithstanding. Section 9. Undergrounding of Facilities. The parties agree that this Master Permit does not limit the City's authority under federal law, state law, or local ordinance to require the undergrounding of utilities, including Permittee's Facilities. Permittee's Facilities shall be undergrounded; Provided that undergrounding requirements shall not apply to those elements of Permittee's Facilities that are required to remain above ground in order to be functional. The City shall not pay any of the cost of undergrounding. Upon an undergrounding project, Small Wireless Facilities and associated Facilities may be required to relocate to an alternative approved structure or pole consistent with ECDC 20.50.130 and pursuant to the relocation requirements of this Master Permit (for example, if all utility poles in the area are removed as part of the undergrounding project.) Section 10. Work in Public Wad A. During any period of relocation, construction, or maintenance, all surface structures, if any, shall be erected, used, and maintained in such places and positions within said Public Ways and other public properties so as to interfere as little as possible with the free passage of vehicular and pedestrian traffic and the free use of adjoining property. The Permittee shall at all times comply with all applicable safety and traffic control regulations during such period of construction as required by the specifications and codes, and all other applicable local municipal, state, and federal codes, rules and regulations. Packet Pg. 383 9.3.a B. During the progress of the work, the Permittee shall not unnecessarily obstruct the passage or proper use of the Public Ways, and all work by the Permittee in any area covered by this Master Permit and as described in this Section shall be performed in accordance with City of Edmonds Public Works Construction Standards and warranted for a period of two (2) years. C. The Permittee shall cooperate with the City and all other persons with authority from the City to occupy and use the Public Ways of the City in coordination of construction activities and joint trenching projects. By February 1st of each calendar year, the Permittee shall provide the City with a schedule of its proposed construction activities for that calendar year in, around, or that may affect the Public Ways of the City. The Permittee shall also meet with the City and other grantees, franchisees, permittees, and users of the Public Ways of the City annually, or as determined by the City, to schedule and coordinate construction activities. D. Consistent with RCW Chapter 35.99, the Permittee may, on an annual basis, file notice with the City Clerk and the City Engineer of its desire to receive notices related to public improvement projects within the Public Ways of the City. In the event that the Permittee is mailed such a notice and fails to coordinate installation or construction of its Facilities with the public improvement project, the City Engineer may deny the Permittee's construction permit application for those portions of any of the Permittee's construction projects which seek to disrupt the surface of any said street for a period of up to five years, as reasonably determined by the City Engineer for the purpose of protecting the City's investment in said public improvement projects. In the alternative, the City Engineer may require the Permittee to fully restore the surface and sub -surface areas of such street to the condition that it was in immediately after completion of the public improvement project. Section 11. Restoration after Construction. The Permittee shall, after installation, construction, relocation, maintenance, removal, or repair of its Facilities within the Public Ways, restore the surface of said Public Ways and any other City -owned property, including support structures, that may be disturbed by the work, to at least the same condition the Public Way or property was in immediately prior to any such installation, construction, relocation, maintenance, removal, or repair. The Public Works Department shall have final approval of the condition of such Public Ways and City -owned property after restoration, all in accordance with the Edmonds Municipal Code and Public Works Construction standards. All survey monuments which are to be disturbed or displaced by such work shall be referenced and restored, as per WAC 332-120, as the same now exists or may hereafter be amended, and all pertinent federal, state and local standards and specifications. The Permittee agrees to promptly complete all restoration work and to promptly repair any damage caused by such work to the Public Ways or other affected area at its sole cost and expense according to the time and terms specified in the Right -of -Way Construction Permit issued by the City all in accordance with the applicable provisions of the Edmonds Municipal Code, as the same now exists or as it may hereafter be amended or superseded. All work and restoration by the Permittee pursuant to this Section shall be performed in accord with City of Edmonds Public Works Construction standards and warranted for a period of two (2) years. 0 Packet Pg. 384 9.3.a Section 12. Emergency Work — Permit Waiver. In the event of any emergency in which any of the Permittee's Facilities located in, above, or under any Public Way break, are damaged, or if the Permittee's construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any individual, the Permittee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health, or safety of individuals without first applying for and obtaining a Right -of -Way construction permit as required by this Master Permit . However, this shall not relieve the Permittee from the requirement of notifying the City of the emergency work and obtaining any permits necessary for this purpose as promptly as reasonably possible after the emergency work. The Permittee shall notify the City by telephone immediately upon learning of the emergency and shall apply for all required permits not later than the second succeeding day during which the Edmonds City Hall is open for business. Section 13. Dangerous Conditions, Authority for City to Abate. In the event of any emergency in which any of Permittee's Facilities breaks, falls, becomes damaged, or if Permittee's Facilities is otherwise in such a condition as to immediately endanger the property, life, health or safety of any person, entity or the City, or whenever construction, installation, or excavation of the Facilities authorized by this Master Permit has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining Public Way, street, or public place, or endangers the public, street utilities, or City -owned property, the City Engineer may require the Permittee, at the Permittee's own expense, to take action to protect the public, adjacent public places, City -owned property, streets, utilities, and Public Ways. Such action may include compliance within a reasonably prescribed time. What will be considered reasonable time will be determined by the City based on the nature of the dangerous condition. In the event that the Permittee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, the adjacent streets, utilities, Public Ways, to maintain the lateral support thereof, or actions regarded as necessary safety precautions; and the Permittee shall be liable to the City for the reasonable costs thereof after receipt of an itemized bill. Section 14. Recovery of Costs. Permittee shall be subject to all permit fees associated with activities undertaken through the authority granted in this Master Permit or under the laws of the City. Where the City incurs costs and expenses for which a fee is not established, Permittee shall reimburse the City the actual administrative expenses incurred by the City that are directly related to receiving and approving a permit, license, and this Master Permit, to inspecting plans and construction, to supervision of activities undertaken through the authority granted in this Master Permit or any ordinances relating to the subject for which a permit fee is not established, or to the preparation of a detailed statement pursuant to chapter 43.21 C RCW. Permittee shall further reimburse the City for Permittee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing or altering any City facility as a result of the construction or the presence in the Right -of -Way of the Permittee's Facilities. Fees for which Permittee is responsible under this Section may include reimbursement for time associated with attorneys, consultants, City Staff, and City Attorney's Office review. 10 Packet Pg. 385 9.3.a In addition to the above, the Permittee shall promptly reimburse the City for any and all reasonable costs the City incurs in response to any emergency involving the Permittee's Facilities.. The time of City employees shall be charged at their respective rate of salary, including overtime if applicable plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. The billing may be on an annual basis or sooner, but the City shall provide Permittee with the City's itemization of costs at the conclusion of each project for information purposes. Section 15. Fees for Use of Public Wad A. Prohibition of Franchise Fee. Pursuant to RCW 35.21.860, the City is precluded from imposing a fee on a "telephone business" or a "service provider" for use of the right-of-way, except for administrative expenses or any applicable tax authorized by law, and other exceptions listed therein. This Master Permit is premised upon the City and Permittee's understanding that the activities proposed by the Permittee and authorized by the City constitute those of a "telephone business" or "service provider." The City hereby reserves its right to impose a fee on Permittee, to the extent authorized by law, for purposes other than to recover its administrative expenses, if the Permittee's operations are not those of a "telephone business" or "service provider" or if statutory prohibitions on the imposition of such fees are removed, whether by legislative or judicial action. The City also reserves its right to require that the Permittee obtain a separate agreement for its change in use, which agreement may include provisions intended to regulate the Permittee's operations, as allowed under applicable law. B. Permittee Obligated to Pay Taxes. Nothing in this Ordinance is intended to alter, amend, or modify the taxes and fees that may lawfully be assessed on Permittee's business activities under this Ordinance pursuant to applicable law. This Master Permit does not limit the City's power of taxation. Permittee agrees that all of its activities in the City of Edmonds authorized by this Master Permit are specifically taxable as a telephone business under Edmonds Municipal Code Chapter 3, including EMC 3.20.050, and are taxable at the rate specified therein now in effect or as amended. Permittee is subject to payment of any applicable local utility tax and any other tax of whatever kind applicable to Permittee's operations. C. Site Specific Charges. The City may impose a charge for use of the Right -of - Way in the circumstances outlined in RCW 35.21.860(1)(e), and the parties agree the City may charge an amount consistent with FCC orders. If FCC orders are no longer in effect during the term of this Master Permit, then the parties will negotiate an acceptable charge. If the parties cannot agree then they will utilize the process outlined in RCW 35.21.860(1)(e). Section 16. Manner of Payment; Audit. Permittee shall make all required payments under this Master Permit, including taxes, in the form, intervals, and manner requested by the City 11 Packet Pg. 386 9.3.a Finance Director, and furnish him/her any information related to his/her revenue collection functions reasonably requested. The City Finance Director may call for an audit pertaining to payments under this Master Permit twice per calendar year and not more frequently unless the Finance Director has a reasonable basis therefore. In case of audit, the City Treasurer may require Permittee to furnish a verified statement of compliance with Permittee's obligations or in response to any questions. Said certificate may be required from an independent, certified public accountant, at Permittee's expense. Permittee agrees, upon request of the City Treasurer, to provide copies of all documents filed with any federal, state, or local regulatory agency affecting any of Permittee's Facilities or related business operations pursuant to this Master Permit. Permittee agrees that it will manage all of its operations in accordance with a policy of keeping books and records open and accessible to the City. Without limiting its obligations under this Master Permit, Permittee agrees that it will collect and make available books and records for inspection and copying by the City in order to ensure the operations of Permittee are that of a telephone business or service provider pursuant to RCW 35.21.860. Permittee shall be responsible for collecting the information and producing it. Books and records shall be produced to the City at one of Permittee's physical offices in the State of Washington in the greater Seattle area or such other location as the parties may agree. Permittee shall take all steps required, if any, to ensure that it is able to provide the City all information which must be provided or may be requested under this Master Permit, including providing appropriate subscriber privacy notices. Nothing in this Master Permit shall be read to require Permittee to violate 47 USC Section 551. Permittee shall be responsible for redacting any date that federal law prevents it from providing to the City. Permittee shall have the right to have its employee and agents physically present at all times that the City, its employees or agents are conducting any such audit and representatives of the City shall comply with Permittee's standard accounting policies and procedures pertaining the City's auditing of Licensee's accounting records which are considered by Licensee to be proprietary and confidential. Records shall be kept for at least six years. Permittee shall maintain records sufficient to show its compliance with the requirements of this Master Permit and shall produce those records within thirty (30) days of a City request. Such written notice from the City must identify with specificity the period for which the City wishes to conduct its audit. Section 17. Indemnification and Waiver. As consideration for the issuance of this Master Permit, Permittee shall indemnify the City as follows: A. Permittee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected and appointed officers, officials, employees, agents, consultants, volunteers, and representatives from any and all claims, costs, judgments, awards or liability to any Person arising from injury, sickness, or death of any Person or damage to property: For which the negligent acts or omissions of Permittee, its agents, servants, officers or employees in performing the activities authorized by this Master Permit are the proximate cause; 2. By virtue of Permittee's exercise of the rights granted herein; 12 Packet Pg. 387 9.3.a 3. By virtue of the City permitting Permittee's use of the City's Public Ways or other public property; 4. Based on the City's inspection or lack of inspection of work performed by Permittee, its agents and servants, officers or employees in connection with work authorized on a Facility, the Public Ways, or property over which the City has control pursuant to this Master Permit or pursuant to any other permit or approval issued in connection with this Master Permit; 5. Arising as a result of the negligent acts or omissions of Permittee, its agents, servants, officers or employees in barricading, instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work upon the Public Ways, in any Public Way, or other public place, or work upon a Facility, in performance of work or services under this Master Permit; and 6. Based upon radio frequency emissions or radiation emitted from Permittee's equipment or Facilities, regardless of whether Permittee's equipment or Facilities complies with applicable federal statutes and/or FCC regulations related thereto. B. The provisions of Subsection A of this Section shall apply to claims against the City by Permittee's own employees and the employees of the Permittee's agents, representatives, contractors, and subcontractors to which Permittee might otherwise be immune under Title 51 RCW. It is expressly agreed and understood that this assumption of potential liability for actions brought against the City by the aforementioned employees is with respect to claims against the City arising by virtue of Permittee's exercise of its rights. To the extent required to provide this indemnification, Permittee waives its immunity under Title 51 RCW as provided in RCW 4.24.115. This waiver of immunity under Title 51 RCW has been mutually negotiated by the parties hereto, and Permittee acknowledges that the City would not enter into this Master Permit without Permittee's waiver thereof. C. Inspection or acceptance by the City of any work performed by the Permittee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided that Permittee has been given prompt written notice by the City of any such claim, said indemnification obligations shall also extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. Permittee shall control the defense of any claim under which it is providing indemnification, and the City has the right to participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. D. If Permittee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this Section, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to the matter), to have been a wrongful refusal on the part of the Permittee, then Permittee shall pay all of the City's costs for 13 Packet Pg. 388 9.3.a defense of the action, including all reasonable expert witness fees, reasonable attorney's fees, the reasonable costs of the City, and reasonable fees of recovering under this Subsection. E. The obligations of Permittee under the indemnification provisions of this Section shall apply regardless of whether liability for damages arising out of bodily injury to Persons or damages to property were caused or contributed to by the City, its officers, agents, employees or contractors except to the extent that such claims, actions, damages, costs, expenses, and attorney's fees were caused by the sole negligence or any willful, malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. In the event that a court of competent jurisdiction determines that a Master Permit is subject to the provisions RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. F. Notwithstanding any other provisions of this Section, Permittee assumes the risk of damage to its Facilities located in the Public Ways and upon City -owned property occurring as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the Public Ways by or on behalf of the City, regardless of whether such activities are conducted by the City, its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful, malicious, or criminal act on the part of the City, its officers, agents, employees or contractors. Permittee releases and waives any and all such claims against the City, its officers, agents, employees or contractors. In no event shall the City be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including by way of example and not limitation lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its performance or failure to perform. Permittee further agrees to indemnify, hold harmless and defend the City against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of Permittee's Facilities as the result of any interruption of service due to damage or destruction of Permittee's Facilities caused by or arising out of activities conducted by the City, its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City, its officers, agents, employees or contractors. G. These indemnification requirements shall survive the expiration, revocation, or termination of this Master Permit or any other permits or approvals related thereto. Section 18. Insurance. The Permittee, and any subcontractors performing services on its behalf, shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to the Permittee, its agents, representatives or employees. The Permittee shall provide to the City, for its inspection, an insurance certificate together with an endorsement including the City, and its elected and appointed officers, officials, employees, agents, consultants, volunteers, and representatives as additional insureds prior to the commencement of any work or installation of any Facilities pursuant to this Master Permit. Such insurance certificate shall evidence: 14 Packet Pg. 389 9.3.a A. Commercial general liability insurance as per ISO Form CG 00 01 or its equivalent, written on an occurrence basis, including contractual liability coverage, and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Public Entity shall be included as an additional insured under the Permittee's Commercial General Liability insurance policy by endorsement with respect this Master Permit using ISO endorsement CG 20 12, with limits of $5,000,000 per occurrence and $10,000,000 in the aggregate for bodily injury and property damage. B. Commercial Automobile liability covering all owned, non -owned, hired and leased vehicles with a combined single limit of $5,000,000.00 for each accident for bodily injury and property damage. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. C. Worker's compensation within statutory limits and employer's liability insurance with limits of $1,000,000.00 each accident/disease/policy limit, which may be self -insured by Permittee for this Section 18.C. The Permittee shall provide stop gap employer liability coverage in the amount of $1,000,000 per accident, per disease policy limit, per disease per employee. D. Contractors Pollution Liability coverage or self-insurance in the amount of $2,000,000 per claim and in the aggregate covering third party claims for bodily injury, property damage or cleanup costs as required by law, where the pollution is caused during and by Permittee's operations under this Agreement. E. Excess umbrella liability policy with limits of $5,000,000 per occurrence and in the annual aggregate. It shall be excess over Permittee's Commercial General Liability and Automobile Liability insurance. F. Insurance shall be placed with insurers with a rating of A.M. Best & Company's Key rating Guide of A, VII Overall and a Financial Size Category of VII. The liability insurance policies required by this Section shall be maintained by the Permittee throughout the term of this Master Permit, and such other period of time during which the Permittee is operating without a Master Permit hereunder, or is engaged in the removal of its Facilities. Payment of deductibles and self -insured retentions shall be the sole responsibility of the Permittee. The commercial general liability insurance required by this Section shall contain a clause stating that the coverage shall apply separately to each insured against whom a claim is made or suit is brought. The Permittee's insurance shall be primary insurance with respect to the City, its elected and appointed officers, officials, employees, agents, consultants, volunteers, and representatives. Any insurance maintained by the City shall be in excess of the Permittee's insurance and shall not contribute with it. Permittee's maintenance of insurance shall not be construed to limit the liability of Permittee to the coverage provided by such insurance or otherwise limit the City's recourse to any remedy available at law or equity. 15 Packet Pg. 390 9.3.a G. In addition to the coverage requirements set forth in this section, Permittee must notify the City of any cancellation or reduction of any required coverage that is not replaced. Within 30 days after receipt by the City of said notice, and in no event later than 15 days prior to said cancellation or intent not to renew, Permittee shall obtain and furnish to the City a replacement insurance certificate meeting the requirements of this Section. Section 19. Inventory. Permittee shall maintain a current inventory of its Facilities throughout the Term of Master Permit. Permittee shall provide to the City a copy of the inventory report no later than one hundred eighty (180) days after the Effective Date of this Master Permit, and shall be updated within thirty (30) days of request by the City. The inventory report shall be provided in hard copy and digital copy. The inventory report shall include GIS coordinates, date of installation, type of pole used for installation, description/type of installation for each Small Wireless Facility installation and photographs taken before and after the installation of the Small Wireless Facility and taken from the public street. Small Wireless Facilities that are abandoned or whose use has been discontinued per ECDC 20.50.140, shall be included in the inventory report and Permittee shall provide the same information as is provided for active installations as well as the date the Small Wireless Facilities were abandoned or discontinued, and the date of removal from the Right -of -Way. The City shall compare the inventory report to its records to identify any discrepancies, and the parties will work together in good faith to resolve any discrepancies. Permittee is not required to report on future inventory reports any abandoned or discontinued Small Wireless Facilities which were removed from the Right -of -Way since the last reported inventory. Inventory required to be maintained and provided under this Section 19 shall be at no cost to the City. After construction is complete, Permittee shall provide the City with accurate copies of all as -built plans and maps showing the location of all components meeting the definition of Facilities placed in the Right -of -Way, in a form and content prescribed by the Public Works Director. These plans shall be provided at no cost to the City, and shall include hard copies and digital copies in a format specified by the Public Works Director. Section 20. Abandonment and Removal of the Permittee's Facilities. In addition to the abandonment and removal requirements of ECDC 20.50.140, Permittee agrees to the following: Upon the date of expiration, termination, or revocation of the rights granted under this Master Permit, within sixty (60) days the Permittee must remove the Facilities and any structures in accordance with the requirements of ECDC 20.50.140 and this Section 20. If Permittee fails to remove all Facilities in accordance with ECDC 20.50.140 and this section, then the City shall, upon at least thirty (30) days advance written notice to Permittee, have the authority to take any of the following actions: (1) physically remove the Facilities and charge all costs for removal and all costs for storage or disposal to the Permittee; (2) compel the Permittee to remove any such Facilities through judicial action; or (3) take title of such Facilities. 16 Packet Pg. 391 9.3.a Section 21. Safety Requirements. A. Permittee shall, at all times and at its sole responsibility and expense, comply with all applicable laws, standards and regulations relating to the installation, operation, maintenance, repair and/or removal of its Facilities. In accordance with applicable federal, state, and local safety requirements, Permittee shall at all times employ reasonable and ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. The Facilities shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. B. As an exercise of its police powers in the interest of the public health, safety, and welfare, and to the extent not preempted by federal law, the City may require verification of Permittee's compliance with any health and safety laws and regulations applicable to its Facilities at Permittee's cost and expense. The City may, but shall have no obligation to, conduct inspections, and Permittee shall cooperate with any such inspections and provide all information requested by the City as it may reasonably determine is necessary as part of its inspection. Permittee shall reimburse the City for its reasonable costs related to all health and safety inspections according to the procedures of Section 14; PROVIDED THAT with respect to any RF emissions inspections, Permittee shall only be charged if Permittee is found to be out of compliance with FCC standards. C. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with Permittee, establish a reasonable time for Permittee to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from Permittee. D. Notwithstanding the foregoing, if either party discovers that the emissions from a Facility exceed the FCC standards, and if discovered by the City then also after testing and certification of test results from a qualified RF engineer, then Permittee shall immediately turn off the Facility or portion thereof committing the violation, until the emissions exposure is remedied. Upon any City discovery of violation, notification shall be made verbally by calling 1-800-832-6662 and by email notice to REleaseAdmin@att.com. Permittee is required to promptly turn off that portion of the Facility that is in violation, no later than forty-eight (48) hours after date and time of email notice or of its own discovery of noncompliance. E. Pursuant to ECDC 20.50.070, upon each application for a wireless communications facility permit, Permittee shall provide the certificate of an RF engineer with knowledge 17 Packet Pg. 392 9.3.a of the proposed development that the small wireless facility network will comply with RF standards adopted by the FCC. Permittee shall further provide proof of FCC and other regulatory approvals required to provide the service and to utilize the technology sought to be installed. Permittee shall thereafter perform any testing and provide certification of the Facilities as may be requested by FCC or any other government agency with the authority to regulate exposure to RF emissions, and Permittee will provide a copy of any such compliance reports to the City. Section 22. Construction Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Master Permit, the Permittee shall furnish a Right -of -Way Construction Bond written by a corporate surety acceptable to the City equal to at least one hundred twenty five percent (125%) of the estimated cost of restoring the Public Ways of the City to the pre -construction condition required by Section 11 (Restoration after Construction) of this Master Permit. Said bond shall be required to remain in full force until sixty (60) days after completion of the construction of Permittee's Facilities and other improvements from the Public Ways of the City. In the event that a bond issued to meet the requirements of this Section is canceled by the surety, after proper notice and pursuant to the terms of said bond, Permittee shall, prior to expiration of said bond, be responsible for obtaining a replacement bond which complies with the terms of this Section. Section 23. Maintenance Bond. Permittee shall furnish a maintenance bond written by a corporate surety acceptable to the City equal to at least fifteen percent (15%) of the original Construction Bond amount which shall warrant all restoration work for a period of two (2) years. The Maintenance Bond must be in place before City may release the Construction Bond. In the event that a bond issued to meet the requirements of this Section is canceled by the surety, after proper notice and pursuant to the terms of said bond, Permittee shall, prior to expiration of said bond, be responsible for obtaining a replacement bond which complies with the terms of this Section. Section 24. Modification. The City and the Permittee hereby reserve the right to alter, amend or modify the terms and conditions of this Master Permit upon the written agreement of both parties to such alteration, amendment or modification. Said modifications shall be approved by the City by ordinance and accepted by the Permittee consistent with Section 41 (Acceptance) hereof. Section 25. Forfeiture and Revocation. A. This Master Permit may be terminated for failure by Permittee to comply with the material provisions hereof and other provisions of the Edmonds Municipal Code. In addition to termination, the City may impose lesser sanctions, including, but not limited to, monetary penalties, for violation of this Master Permit in accordance with the terms of the Master Permit herein. Packet Pg. 393 9.3.a B. If the City has reason to believe that Permittee is in violation of this Master Permit or other provisions of the Edmonds Municipal Code, the following procedures shall be followed by the City: 1. The City shall provide Permittee with a detailed written notice, by certified mail, detailing the violation, the steps necessary to cure such violation, and a reasonable time period within which the violation must be cured. Within thirty days (30) thereafter, Permittee shall respond demonstrating that no violation occurred, that any problem has been corrected, or with a proposal to correct the problem within a specified period of time. 2. Permittee may request an extension of time to cure an alleged violation if construction is suspended or delayed by the City, or where unusual weather, natural consequences (e.g., earthquakes, floods, etc.), extraordinary acts of third parties, or other circumstances which are reasonably beyond the control of Permittee delay progress, provided that Permittee has not, through its own actions or inactions, contributed to the delay. The amount of additional time allowed will be determined by the City. The extension of time in any case shall not be greater than the extent of the actual non-contributory delay experienced by Permittee. 3. If said response is not satisfactory to City, the City may declare Permittee to be in default, with written notice to Permittee in accordance with the Notice requirements of this Master Permit. Within ten business days after notice to Permittee, Permittee may deliver to the City a request for a hearing before the City Council. If no such request is received, the City may declare the Master Permit terminated for cause and/or impose lesser sanctions. 4. If Permittee files a timely written request for a hearing, such hearing shall be held within thirty (30) days after the City's receipt of the request therefor. Such hearing shall be open to the public and Permittee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged non-compliance. Within ten days after the hearing, the City Council, on the basis of the record, will make the determination as to whether there is cause for termination, whether the Master Permit will be terminated, and/or whether lesser sanctions should be imposed. The City Council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the City Council does not grant any additional period, the City Council may, by resolution declare the Master Permit to be terminated and forfeited or impose lesser sanctions. 5. If Permittee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided the Permittee is otherwise in compliance with this Master Permit. While revocation is held in abeyance, City may suspend the issuance of additional permits. In any such appeal, Permittee shall be responsible for the costs of preparing and filing the City's administrative record with the Court and such costs shall be paid prior to the City's filing thereof. C. In the event that the City elects to impose monetary penalties upon the Permittee for failure to comply with the material provisions of this Master Permit, said penalties shall be 19 Packet Pg. 394 9.3.a assessed at five hundred dollars ($500.00) per day, per violation, for each day beyond thirty (30) days that Permittee has been in violation. D. Monetary penalties may be assessed retroactive to the date that notification was provided to Permittee in such cases where Permittee has been non -responsive in correcting the violation or in the case of flagrant violations. If payment of any penalty is delinquent by three (3) months or more, the City may: (1) require partial or total forfeiture of any performance bond, the Security Fund, or other surety posted by Permittee; (2) terminate this Master Permit; and/or (3) commence a civil action in a court of competent jurisdiction to collect said penalty. E. If this agreement is terminated for cause, the sixty (60) day clock referenced in Section 20 (Abandonment and Removal of the Permittee's Facilities) begins to run the date the City or City Council declares the Master Permit terminated for cause in accordance with the procedures of this Section 25; Provided that if Permittee appeals revocation and termination pursuant to paragraph B(5) of this Section 25, then paragraph B(5) shall govern. F. Permittee shall not be deemed to be in default, failure, violation, or non-compliance with any provision of this Master Permit where performance was rendered impossible due to materially, substantially, and reasonably to an act of God, fire, flood, storm, or other element or casualty, theft, war, disaster, strike, lock -out, boycott, prevailing war or war preparation, or bona fide legal proceedings, beyond the control of Permittee. Section 26. Security A. At the same time as providing acceptance of this Master Permit, Permittee shall establish a permanent security fund in the amount of Fifty Thousand Dollars ($50,000) to guarantee the full and complete performance of the requirements of this Master Permit and to guarantee payment of any costs, expenses, damages, or loss the City pays or incurs, including monetary penalties, because of any failure attributable to Permittee to comply with the codes, ordinances, rules, regulations, or permits of the City. The amount of the Security Fund shall not be construed to limit Permittee's liability or to limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity. B. Permittee shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund. C. Upon termination or expiration of the Master Permit, all funds remaining in the Security Fund shall be returned to Permittee within thirty (30) days after removal of Permittee's Facilities in the Public Ways. Section 27. Hazardous Substances. Permittee shall not introduce or use any hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor shall Permittee allow any of its agents, contractors or any person under its control to do the same. Permittee will be solely responsible for and will defend, indemnify and hold the City, its officers, officials, employees and agents harmless from and against any and all claims, costs and liabilities including 20 Packet Pg. 395 9.3.a reasonable attorneys' fees and costs, arising out of or in connection with the cleanup or restoration of any property associated with Permittee's use, storage, or disposal of hazardous substances, or the use, storage or disposal of such substances by Permittee's agents, contractors, or other persons acting under Permittee's control. Section 28. City Ordinances and Regulations. Permittee agrees to comply with all present and future federal, state, and local laws, ordinances, rules, and regulations. This Master Permit is subject to ordinances of general applicability enacted pursuant to the City's police powers. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this Master Permit, including any ordinance made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the locations, elevation, manner or construction and maintenance of any facilities by the Permittee, and the Permittee shall promptly conform with all such regulations, unless compliance would cause the Permittee to violate other requirements of the law. Section 29. Survival. All of the provisions, conditions, and requirements of this Master Permit shall be in addition to any and all other obligations and liabilities the Permittee may have to the City at common law, by statute, or by contract. The provisions, conditions, and requirements of Sections 8, Relocation of Facilities; 9, Undergrounding of Facilities; 10, Work in Public Ways,. 11, Restoration after Construction; 13, Dangerous Conditions, Authority for City to Abate; 17, Indemnification and Waiver; 18, Insurance; 20, Abandonment and Removal of the Permittee's Facilities, 26 Security, and 27 Hazardous Substances, shall survive the expiration or termination of this Master Permit, and any renewals or extensions thereof. All of the provisions, conditions, regulations and requirements contained in this Master Permit shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of the Permittee and all privileges, as well as all obligations and liabilities of the Permittee shall inure to its heirs, successors, and assigns equally as if they were specifically mentioned wherever the Permittee is named herein. Section 30. Severability. In any section, sentence, clause, or phrase of this Master Permit should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Master Permit. Section 31. Assignment. This Master Permit may not be assigned or transferred without prior written notice to the City, except that the Permittee may freely assign this Master Permit without notice in whole or part to a parent, subsidiary, or Affiliate or as part of any corporate financing, reorganization or refinancing. In the case of transfer or assignment as security by mortgage or other security instrument in whole or in part to secure indebtedness, such notice shall not be required unless and until the secured party elects to realize upon the collateral. Permittee may, without the prior written notice to the City: (i) Lease the Facilities, or any portion thereof, to another; (ii) Grant an Indefeasible Right of User Interest in the Facilities, or any portion thereof, to another; or (iii) Offer or provide capacity or bandwidth in its Facilities to 21 Packet Pg. 396 9.3.a another, PROVIDED THAT: Permittee at all times retains exclusive control over such Facilities and remains solely responsible and liable for the performance of all obligations under this Master Permit, including but not limited to responsible for locating, servicing, repairing, relocating or removing its Facilities pursuant to the terms and conditions of this Master Permit. Permittee cannot grant any rights to a Lessee that are greater than any rights Permittee has under this Master Permit. Any Lessee shall not be construed to be a third party beneficiary under this Master Permit. Section 32. Vacation. The City may at any time by ordinance vacate all or any portion of the area affected by this Master Permit, and the City shall not be liable for any damages or loss to the Permittee by reason of such vacation. The City shall strive to notify the Permittee in writing at least sixty (60) days prior to vacating all or any portion of any such area in which Permittee is located. , This Master Permit shall terminate with respect to such vacated area after sixty (60) days written notice to Permittee. Section 33. Notice of Tariff Changes. If applicable to Permittee, Permittee shall, when making application for any changes in tariffs affecting the provisions of this Master Permit, notify the City in writing of the application and provide the Public Works Director with a copy of the submitted application within three days of filing with the Washington Utilities and Transportation Commission or other regulatory body. If applicable to Permittee, Permittee shall further provide the Public Works Director with a copy of any actual approved tariff change affecting the provisions of this Master Permit. Section 34. Notice. All notices, requests, demands, and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: CITY: City of Edmonds Public Works Director 121 5th Avenue North Edmonds, WA 98020 Telephone: (425) 771-0220 With a copy to the City Attorney at the same address. PERMITTEE: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Site No. City of Edmonds Wireless Franchise Agreement (WA) 1025 Lenox Park Blvd NE, Yd Floor 22 Packet Pg. 397 9.3.a Atlanta, GA 30319 With a copy to: New Cingular Wireless PCS, LLC Attn: AT&T Legal Dept — Network Operations Site No. City of Edmonds Wireless Franchise Agreement (WA) 208 S. Akard Street Dallas, TX 75202-4206 Section 35. Entire Master Permit. This Master Permit constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon approval and acceptance of this Master Permit. Provided further, that the City and Permittee reserve all rights they may have under law to the maximum extent possible and neither the City nor Permittee shall be deemed to have waived any rights they may now have or may acquire in the future by entering into this Master Permit. Section 36. Attorney's Fees. Except as otherwise provided in this Master Permit, if any suit or other action is instituted in connection with any controversy arising under this Master Permit, each party shall be responsible for its own attorneys' fees and costs; This section shall have no effect on the indemnity and defense obligations of this Master Permit. Section 37. Non -waiver. Failure of the City to declare any such breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but the City shall have the right to declare any such breach or default at any time. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. Section 38. Governing LawNenue. This Master Permit shall be governed by and construed in accordance with the laws of the state of Washington. The venue and jurisdiction over any dispute related to this Master Permit shall be with the Snohomish County Superior Court, or, with respect to any federal question, with the United States District Court for the Western District of Washington, at Seattle. Section 39. Titles. The section titles are for reference only and should not be used for the purpose of interpreting this Master Permit. Section 40. Acceptance. Within sixty (60) days after the passage and approval of this ordinance, this Master Permit shall be accepted by Permittee by its filing with the City Clerk an unconditional written acceptance thereof. Failure of the Permittee to so accept this Master Permit within said period of time shall be deemed a rejection thereof, and the rights and privileges herein granted shall, after the expiration of the sixty (60) day period, absolutely cease and determine, unless the time period is extended by ordinance duly passed for that purpose. 23 Packet Pg. 398 9.3.a Section 41. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after the passage and publication of an approved summary thereof consisting of the title. 24 Packet Pg. 399 9.3.a APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 25 CITY OF EDMONDS MAYOR MICHAEL NELSON ATTEST/AUTHENTICATED: CITY CLERK SCOTT PASSEY Packet Pg. 400 9.3.a SUMMARY ORDINANCE NO. of the City of Edmonds, Washington On the day of of Edmonds, passed Ordinance No. consisting of the title, provides as follows: 2021, the City Council of the City A summary of the content of said ordinance, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, A NON-EXCLUSIVE MASTER PERMIT TO INSTALL, OPERATE, AND MAINTAIN SMALL WIRELESS TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY OF THE CITY OF EDMONDS, WASHINGTON, PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS WITH RESPECT THERETO, ESTABLISHING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2021. City Clerk, Scott Passey 26 Packet Pg. 401 9.3.a 27 y L �3 E 4- 0 c (D E m R a a� c N �L 0 t 3 E L 0 IL L C� C Q c,> c,> Q CD U Y u L E L 0) L d CR C Cu L 0 E W 4- 0 U M LO O r N C d E L V fC r r Q Packet Pg. 402 10.1 City Council Agenda Item Meeting Date: 05/18/2021 Process for Reviewing Housing Commission Recommendations Staff Lead: Shane Hope Department: City Council Preparer: Debbie Rothfus Background/History The Housing Commission, an appointed group of local residents, submitted 15 housing policy recommendations at the end of January, 2021, for City Council consideration. (See first attachment.) The recommendations followed from one -and -a -half years' of extensive work. They were intended to meet the following mission, as assigned by Council Resolution # 1427: "Develop for Council consideration, diverse housing policy options designed to expand the range of housing (including rental and owned) available in Edmonds --irrespective of age, gender, race, religious affiliation, physical disability, or sexual orientation." At the City Council's February 2, 2021 meeting, the submittal of the Housing Commission's recommendations were acknowledged. At its March 16 meeting, the Council considered the recommended policies as an introductory overview, with the intent to consider each of the policies in more detail later. A meeting on May 11, 2021 was scheduled to clarify the process the City Council would use for reviewing the policy ideas. (See the 5-11-21 agenda memo, attached.) Staff Recommendation 1. Approve Option 1 or 2 to guide the review process. 2. Select the first two "General" recommendations for the City Council to begin working on. 3. Select the first two "Planning Board -Related" recommendations for the Planning Board to begin work on. NARRATIVE At the City Council's May 11, 2021 meeting, the Council recognized that the Housing Commission recommendations were essentially comprised of two basic types: (a) those that affect the City's Comprehensive Plan or development regulations and therefore require Planning Board review if they are to be considered much further; and (b) those that are more general and, given that they do not require Planning Board review, may be addressed primarily at the Council level. Note: Nine of the Housing Commission recommendations fall into the "Planning Board -Review" type and six fall into the "General" type. Two tables were presented at the meeting to compare key features of the recommendations from a process perspective. (See the attached Policy Implementation Methods table and Policy Aspects table.) Packet Pg. 403 10.1 Actual substance of the policy recommendations would be discussed during the Council review process as it proceeds. Council Review Process Options During the May 11 meeting, the City Council also discussed two process options for its review of the Housing Commission policy recommendations. (See the 5-11-21 agenda memo, attached). Because of two member absences, the Council chose to postpone a decision on the process until the May 18 meeting when all members will have had more opportunity to consider the information. The two basic Council review process options are: --Option 1: "Divide the Work First" --Option 2: "Start Simple" These options are described in much more detail in the attached May 11 agenda memo. One of the main differences between the two options is that in "Divide the Work First", the Council would look at the nine Planning Board -related items in a broad (not detailed manner) over perhaps two public meetings in the near future before assigning them to the Planning Board, with any direction, for more specific work. (Of course, all such Planning Board work would still come back to the City Council for further consideration over the next year or two.) Meanwhile, the Council would begin work on the remaining General policies (those not requiring Planning Board review). The "Start Simple" option would start during this year with a phased approach that first reviews the recommendations that are fairly simple but waits until 2022 to review the more complex recommendations. Specifically, two of the General recommendations and two of the Planning Board Review recommendations would be considered by the City Council, starting this spring/ summer. For the two Planning Board Review items, the Council would have specific discussion about the policies before assigning the Planning Board to work on them and propose more detailed options for Council consideration. Also, one or two General recommendations would be considered in the fall. Remaining policy recommendations would be considered, starting in 2022, using a similar phased approach. Those recommendations that overlap with or closely relate to each other would be considered, at least partly, together. NOTE: With either option, it is projected that full review and City Council decisions about implementation of the Housing Commission policy recommendations could go well into 2023. Recommendations to Be Reviewed First At the May 11 meeting, the Council had some discussion of which Housing Commission recommendations should be tackled first. This would mean selecting two General recommendations and two Planning Board -Related recommendations The six General recommendations comprise the following by short title: 8 Multi -Family Tax Exemption d Use of Existing Sales Tax Revenue d County Sales and Use Tax 6 Edmonds-HASCO Interlocal Agreement (NOTE: The Council recently took action on this item.) 6 Community Housing Partners 6 Discriminatory Provisions in Covenants and Deeds. The nine Planning Board Review recommendations are as follows, by short title: d Missing Middle Housing in Single -Family Neighborhoods 6 Equity Housing Incentives 6 Medium Density Single Family Housing d Neighborhood Village Subarea Planning d Cluster/Cottage Housing Packet Pg. 404 10.1 8 Detached Accessory Dwelling Units 6 Inclusionary Zoning 6 Multi -Family Design Standards 8 Update Comprehensive Plan to Include "Parking Solutions" as a Goal in Transportation Element. At the May 18 meeting, the City Council will select two General recommendations and two Planning Board Review recommendations that will be scheduled for more detailed Council review prior to next steps. Staff may provide an exercise to help with the prioritization. Attachments: POLICY PACKAGE FOR COUNCIL -Corrected 2.1.21 5.11.21 Agenda Memo Policy.Implmtn.Method.Updated HC.PolicyAspectsTable Packet Pg. 405 10.1.a ■ CITIZENS' HOUSING ,,COMMISSION POLICY RECOMMENDATIONS FROM THE EDMONDS CITIZENS' HOUSING COMMISSION Date: January 29, 2021 Corrected: February 1, 2021 Acknowledgements: Citizens' Housing Commissioners Alena Nelson-Vietmeier Bob Throndson George Keefe Greg Long James Ogonowski Jess Blanch Judi Gladstone Karen Haase Herrick Keith Soltner Michael McMurray Nichole Franko Tana Axtelle Tanya Kataria Weijia Wu Will Chen Citizens' Housing Commission Alternates Eva -Denise Miller Jean Salls Kenneth Sund Leif Warren Rick Nishino Wendy Wyatt City Council Liaisons Luke Distelhorst Vivian Olson City Staff Shane Hope Amber Groll Brad Shipley Debbie Rothfus Jerrie Bevington Scott Passey Consultant Support Cascadia Consulting Group, Inc. Gretchen Mueller Jasmine Beverly Packet Pg. 406 10.1.a January 29, 2021 To: Edmonds City Council and Mayor Mike Nelson From: The Edmonds Citizens' Housing Commission RE: Submittal of Final Housing Policy Recommendations from the Edmonds Citizens' Housing Commission Council members and Mayor Nelson, you gave the Edmonds Citizens Housing Commission this mission: "Develop diverse housingpolicy options for (City) Council consideration designed to expand the range of housing (including rental and owned) available in Edmonds; options that are irrespective of age, gender, race, religious affiliation, physical disability or sexual orientation " — City Council Resolution No. 1427 Our mission has set this Commission on extraordinary path. Our community has been through a pandemic and the Housing Commission has suffered the loss of one of our members. For the past 17-months, Commissioners have solicited public input from diverse communities throughout Edmonds; researched current, and future population growth and housing needs; examined city codes and state law; studied what works and why; and worked to create new opportunities for all residents. We believe our ideas can enhance our unique city to keep Edmonds a vibrant, diverse and welcoming community for all. Community engagement has been a top priority. Early outreach included `in -person' events. After COVID- 19 struck, most events happened online. We live -streamed all our meetings and community outreach seminars with diverse groups city-wide. We have conducted online community surveys; sent out extensive news releases updating the community and flyers encouraging public involvement, as well as hundreds of post card notifications and survey invitations. The Commission believes that the set of policy ideas we are submitting is consistent with your Resolution #1427. Additional support material is outlined in each proposal and the Commission would be happy to provide any further input required. Each Commission member appreciates the opportunity to serve the people of Edmonds. Each member brought commitment, passion and vision to this process. We had frank and robust discussions among Commissioners that reflected our wide range of opinions. Our considerations included whether proposed ideas fit with our mission and whether they could achieve the intended results. We offer opportunities to a broad section of diverse groups. We believe this city and our city leaders can fulfill these proposals to benefit all of Edmonds. Attached to our report is a short list of proposals the Commission feels strongly about, but that we agreed did not seem to fit the mission we were given. We hope you give them the close scrutiny they deserve for the people of Edmonds. We profoundly appreciate the expertise, the insight and the patience of Development Services Director Shane Hope, Associate Planner Brad Shipley, Planner Amber Groll and so many others on city staff who helped us navigate the complexities of Edmonds housing needs. Our grateful thanks to Councilmembers Vivian Olson and Luke Distelhorst, our Council liaisons, for their commitment and support. To Gretchen Muller and her colleagues at Cascadia Consulting, we are grateful you were our guides and helped to keep us on task and moving forward. Packet Pg. 407 10.1.a Our final Commission report is dedicated to the memory and public service of Commission member John Reed who passed away during his tenure on the Housing Commission. John was a friend and a public servant who gave himself, his ideas and his hard work to the efforts of this Commission. He cared passionately about the people of Edmonds and the city's future. The Housing Commission voted on each draft recommendation we developed. Those with majority approval are now brought together for your consideration. There remain many other ideas worthy of future discussion. Submitted by all members of the Edmonds Citizens Housing Commission Packet Pg. 408 10.1.a Recommended Policies of the Edmonds Citizens' Housing Commission The following is a list (by title) of the policies recommended by the Citizens' Housing Commission at its January 28, 2021 public meeting. Each policy recommendation is included in its full form in this section.* 1. MISSING MIDDLE HOUSING in SINGLE FAMILY NEIGHBORHOODS 2. EQUITY HOUSING INCENTIVES 3. MEDIUM -DENSITY SINGLE FAMILY HOUSING (SR -MD) 4. NEIGHBORHOOD VILLAGE SUBAREA PLANNING 5. CLUSTER/COTTAGE HOUSING 6. DETACHED ACCESSORY DWELLING UNITS 7. MULTI -FAMILY TAX EXEMPTION (MFTE) 8. INCLUSIONARY ZONING 9. USE of EXISTING SALES TAX REVENUE FOR AFFORDABLE AND SUPPORTIVE HOUSING 10. COUNTY IMPLEMENTATION OF SALES AND USE TAX FOR HOUSING AND RELATED SERVICES 11. EDMONDS-HASCO 1NTERLOCAL AGREEMENT 12. DEVELOP COMMUNITY HOUSING PARTNERS 13. MULTI -FAMILY DESIGN STANDARDS 14. UPDATE COMPREHENSIVE PLAN TO INCLUDE "PARKING SOLUTIONS" AS A GOAL IN TRANSPORTATION ELEMENT SECTION 15. ELIMINATE DISCRIMINATORY PROVISIONS IN COVENANTS AND DEEDS *The Additional Information language for each policy was provided by the committee that initially developed the policy. Packet Pg. 409 Policy Recommendation 10.1.a Short Name of Policy: MISSING MIDDLE HOUSING IN SINGLE FAMILY NEIGHBORHOODS Policy: Develop design requirements and zoning changes that allow for home -ownership of two attached single family homes (duplex or two -unit townhouses) in single family residential areas and are compatible with those neighborhoods. Neighborhoods with significant tree canopy (pocket forest) should be considered exempt from being included in SF zone augmentation (Pocket Forest could be identified by the Tree Board with help from the local Sierra Club and assimilated into this zoning recommendation). Additional Information: Two attached single family homes, otherwise known as duplexes or two -unit townhomes, offer an alternative to typical detached single family homes. They help to address the need for smaller, more affordable housing choices in neighborhoods characterized by single-family homes. Over the past fifty years, the median square footage of new single family units has increased from about 1600 to 3100. This policy would allow two units within the same square footage. Structures containing two dwelling units designed to look like a detached single family home can have the exact same footprint as one single family home, and isn't much different than having a single family home with an attached accessory dwelling unit. More and more cities across the country are allowing two attached single family houses in traditional single family residential areas to address the need for more affordable housing. One example locally is the City of Kirkland. This policy also helps to balance out the housing unit types available with the household size need. Data provided to the Housing Commission in its early days showed that one or two person households' account for 69% of the households in the city, yet only 37% of the housing is one or two bedrooms. At the same time, four person households make up 12% of the households and 21% of the housing are four bedroom units. Only 2% of the available housing is duplexes. Scaling housing to the demographics offers more affordable options for those who want to own a smaller house, such as seniors who want to downsize and first time homeowners. Allowing two attached single family homes in single family areas would be considered up zoning. That term, however, is often associated with the image of allowing large apartment buildings. The Housing Type Committee considered the possibility of including triplex and four-plexes in earlier versions of this policy, but we narrowed it to two units based on feedback from the commissioners and the community This policy does not include more than two attached single family units like the ones in the photos below located in the Edmonds/Lynnwood area. Allowing smaller homes in our single family neighborhoods makes them more affordable and accessible to middle income households that are seeking the amenities that we enjoy in Edmonds, i.e. excellent public schools and low crime. Not allowing smaller homes into our neighborhoods helps to create housing scarcity which in turn contributes to the continued high cost of housing. Packet Pg. 410 10.1.a This policy represents incremental change to increase the stock of missing middle housing in our city to more closely align housing needs with household size. With appropriate design requirements we can increase housiig availability and help stabilize housing prices with changing the character of single family neighborhoods. (See graphics below.) In addition, in Years 1 through 5 only 25% of Single-family zones in Edmonds receive augmentation. Years 5-10, another 25% of Single-family zones receive augmentation. Each 5 year milestones public engagement anbd assessment is revisited, facilitated by City Council, Planning Department and maybe also the Planning Board to see if policy change has been well received by our community, successful and/ or if adjustments or expansions of policy need to be made at those milestones. r N Packet Pg. 411 10.1.a Policy Recommendation Short Name of Policy: EQUITY HOUSING INCENTIVES Policy: Develop incentives that apply to "missing middle" housing types city-wide that allow home -ownership for those at or below average median family income. ADDITIONAL INFORMATION 1. "Missing Middle Housing" types provide diverse housing options such as duplexes, triplexes, fourplexes, and cottage courts. These house -scale buildings fit seamlessly into existing residential neighborhoods. 2. This policy is designed to promote homeownership of smaller homes for people who would not otherwise be able to afford purchasing a home in Edmonds. 3. The policy encourages racial equity housing options by allowing ownership of smaller type housing in neighborhoods where households that may occupy those homes were excluded from in the past. Additional material to be made available. Packet Pg. 412 10.1.a Policy Recommendation Short Name of Policy: MEDIUM -DENSITY SINGLE FAMILY HOUSING (SR -MD) Policy: Establish a new zoning type of single-family housing that allows for construction of zero -lot line duplexes, triplexes, and quadruplexes of only 1- or 2-story height located in specified areas of Edmonds that are: • Contiguous to or along high -volume transit routes, or • Sited next to Neighborhood Business (BN) zoning districts, or • Close to schools or medical complexes ADDITIONAL INFORMATION This policy acknowledges the value of single-family housing in Edmonds and recognizes a lack of attainable single-family housing options across the city. By providing additional single-family housing types the policy aims to increase housing opportunities for a more diverse group of individuals and families within the community, while preserving the existing neighborhood characteristics. • SR -MD Key Facts: o Opportunity for smaller attached single-family housing by removing side setbacks. o Houses would be on a separate lot with a zero -lot line construction but sharing a common wall o Each individual home would have a front and back yard SR -MD Key Features: o Locates single-family housing in a manner that increases access to essential services o Would create housing at a lower cost per square foot than an individual single-family home and likely at a lower expense than larger multi -family buildings. o Encourage new residents to utilize nearby transit options. o Level -entry single story homes increase the opportunity for active mobile seniors. o The combination of attached and individual single -story homes provides visual interest by modulation and flexibility for seniors and people with special needs. o An important purpose for attached single-family homes is to specifically offer "missing middle" housing options that foster community cohesion, livability, and character. Packet Pg. 413 10.1.a Policy Recommendation Short Name of Policy: NEIGHBORHOOD VILLAGE SUBAREA PLANNING Policy: Develop subarea plans to rethink areas zoned 'Business Neighborhood" such as 5 Corners, Perrinville, etc. The subarea plans should create unique, thriving neighborhoods and social gathering points with the surrounding properties to integrate community values including missing middle housing, business opportunity and environmental stewardship in these areas. Additional areas that could be intentionally rethought are Westgate area and Downtown Business (BD) areas. Additional Information: The Neighborhood Village [NV] concept includes key features: 1. A focal point of the village should be a plaza for socializing and promoting local community activities, creating a path to grow the city economically, environmentally, and residentially. 2. The NV concept includes small commercial and mixed -use [live -work] buildings, in designated neighborhoods, often in the current BN zoning. 3. NVs are accessible by vehicular traffic, bike lanes and connected walkways. 4. These NVs would offer unique areas of Edmonds that are on or close to transit lines. 5. NV areas would include a variety of housing option segments, such as Medium Density Single - Family, cluster housing and artist housing, apartments, or condominiums, creating diverse housing and business opportunities. Development of these segments could be incentivized so that nearby single-family neighborhoods have separation from thriving business hubs. 6. These NVs would have comprehensive design guidelines to ensure they are developed in a planned and disciplined manner to enhance and reinvigorate the surrounding communities. 7. Businesses should be clustered independently and on the ground floor of multiple residential buildings, with the following features: a. Multiple residential buildings may include duplex, triplex and four-plex buildings which would be limited to two stories above commercial spaces. b. Multiple residential units of larger capacity, not to exceed 20 units in two stories above commercial spaces could also be a part of the NV. Modulation of these buildings should meet current and revised design standards.' c. Parking should be landscaped at the perimeter and between rows of parking. Capacity could be determined by a percentage of the total lot area. Parking for NVs could be separate from, but integrated into, the residential parking area. d. NV development should accommodate site conditions such as but not limited to site contours, existing natural vegetation such as large trees. 1 Revised design standards are developed by the zoning committee as a separate standard summary. Packet Pg. 414 10.1.a Policy Recommendation Short Name of Policy: CLUSTER/COTTAGE HOUSING Policy: Add Cluster/Cottage housing as an option within single-family or multi -family housing in Edmonds. Additional Information: Cluster/Cottage housing is a flexible approach to land development that can provide more affordable homes, especially to those in middle -income ranges. Currently, for Edmonds, clustered or clustering of housing is mentioned primarily in ECDC 20.35 PLANNED RESIDENTIAL DEVELOPMENT [PRD]. The policy idea being proposed would allow Cluster/Cottage housing options within single-family or multi -family zones for certain Edmonds areas where site conditions permit. 1. Small homes are clustered together in ways that can maximize open space, create common areas, limit traffic flow to ensure safe play areas for children, and encourage the walkways through the cluster development. These walkways can link to off -site trails and walkways and to off -site activity centers. Cluster housing offers an alternative to conventional lot -by - lot development that is achieved by allowing departures from lot dimension and setback requirements. 2. Housing units are often one-story units, but can be two-story units, and are smaller in size (650 to 1500 sq. ft.). One-story units can also be developed in ways to support independent living for seniors or individuals with unique mobility needs. 3. Allowing site development in clusters may also allow for less infrastructure development thus lowering costs. This will minimize stormwater run-off and erosion which also lessens the burden on the City Storm Sewer system. 4. Offering the Cluster/Cottage housing option would allow developers a more direct permitting process rather than solely through the more costly PRD process. This may lower overall costs for the housing. Density bonuses could incentivize builders by allowing them to build more small and affordable homes in these cluster communities. 5. Additionally, cluster housing could be used in proximity to Neighborhood Villages to increase the housing capacity, enhance the livability, and encourage walking between the housing and the Neighborhood Village. As an example, cluster housing could be developed near Swedish Edmonds medical complex to offer smaller, relatively more affordable housing for seniors and/or employees. Packet Pg. 415 10.1.a Policy Recommendation Short Name of Policy: DETACHED ACCESSORY DWELLING UNITS Policy: Allow either one attached or detached accessory unit on a property in the SFR area, with clear and definitive development requirements such as size, ownership, and parking, under the standard permitting process and not require a conditional use permit. ADDITIONAL INFORMATION 1. This policy does not limit the detached accessory dwelling to any specific zone(s) within the City. 2. This policy allows the City to generate its own development and design requirements, and codes. These can be guided by existing standard for ADU's in Edmonds and may reference the standards already adopted by other neighboring cities and reclined as needed speciifcally for the current needs of Edmonds based upon on favorable community feedback. Examples of requirements include: limitations on floor area based on lot size, yard setbacks, height limitations, and off street parking specifications, and ownership stipulations are some of the requirements the City should consider. 3. This policy makes it possible to develop detached accessory dwelling units without the added expense and trouble of a conditional use permit. Additional material to be made available. Packet Pg. 416 10.1.a Policy Recommendation Short Name of Draft Policy: MULTI -FAMILY TAX EXEMPTION (MFTE) Policy: Make significant changes to the MFTE as it currently exists to: • Create a third low income eligible category for tenants whose income is 60% of MFI or less* • Mandate that developers set aside 25% of all units in a project for MFTE (currently it is 20%) • Construction incentives for additional units/floors, if builders reserve 25% of units for MFTE tenants* • Require MFTE eligible projects to include some two -bedroom and larger units* • Increase the number of 'residential target/urban center areas' for MFTE developments* • Create incentives for developers to renovate existing multi -family apartments to become MFTE eligible* • Ask the Legislature to extend the current MFTE limits beyond 12 years, to preserve affordable housing* ADDITIONAL INFORMATION Increase affordable rental housing opportunities for low/moderate income tenants • MFTE can increase low/moderate/missing-middle/senior and special needs housing in Edmonds • This can increase housing options for people discriminated against in the past. • It will not reduce property values in the long term. • It may or may not increase tax burden on residential and property owners for the term of the exemption. • It may reduce tax revenues for the city for the period of years a property is certified as MFTE. • It may increase business opportunity as commercial space (taxable) may be built on ground floors. • These units, built in 'residential target/urban zone areas' take into account accessibility to transit, shopping, parks, the environment, parking and other services. • In properly zoned areas, MFTE will not affect community livability or neighborhood character. • The city has authority to offer MFTE to smaller developments (less than the 20 minimum now set.) • Lynnwood, Shoreline, Mountlake Terrace, Everett have MFTE programs. • Affordable housing research urges that rental costs exceed 30% of a tenant's monthly income. • There are no 2-3-bedroom units in Edmonds only MFTE property at Westgate. • 75% of all MFTE units built in the state are studios or 1-bedroom. • Only two areas in Edmond (Westgate and the Highway 99 subareas) are designated for MFTE properties. • State law already allows Edmonds to create incentives for renovation of existing properties for M FTE. *For additional information on the citations above, please see these research reports: ■ The Joint Legislative Audit and Review Committee — 2019 report on MFTE. ■ The Puget Sound Regional Council — Housing Innovations Report. Packet Pg. 417 10.1.a Policy Recommendation Short Name of Policy: INCLUSIONARY ZONING Policy: Require new developments (above a certain size) in Edmonds to provide a percentage of affordable housing units or require in lieu of fees that will go towards funding affordable housing elsewhere in the city. Additional Information: Overall purpose of policy is to leverage profitability of new developments to increase supply of affordable housing units and funding for affordable housing development; to create more inclusive and economically diverse communities. Specific policy proposal includes: • Applicable to residential developments with more than 10 units and commercial spaces larger than 4,000 sf (chargeable at 5-10% of floor area based on location, zoning, etc.). • Developments must provide 10-20% affordable units on site or pay an in lieu of fees. • Rental units must serve households that earn below 60% AMI. Ownership units must serve households that earn 80-100% AMI. Units must remain affordable for 50 years. • Projects that do not build affordable units on site must pay 'In Lieu of fees that will go towards an Affordable housing fund. The 'In Lieu of fees will be calculated based on the use and square footage of the building. The 'in lieu of fees should be set high enough that motivates developers to build units on site. • The Affordable Housing Fund can be used to build new affordable housing, renovate existing units, offer landlord protection or assurance, or used by the city to sub -contract with housing agencies, social service or religious agencies, or Community Land Trusts to build new affordable housing. • Participation in this program would be mandatory and can be offered along with incentives such as density bonus increase, parking ratio reduction and expedited processing. It can be applied to geographically targeted areas within Edmonds, such as areas where zoning increase is proposed, or in transit -oriented areas. • Inclusionary Zoning is a great tool to provide housing for the missing middle in Edmonds. • Research shows that inclusion of mixed income housing can provide for increased community livability or neighborhood character and provide better outcomes for children and families. • There are over 900 inclusionary housing programs in 25 states. Several of our neighboring cities such as Federal way, Redmond, Issaquah, Sammamish, Seattle and Portland utilize this program. Packet Pg. 418 10.1.a Policy Recommendation Short Name of Policy: USE OF EXISTING SALES TAX REVENUE FOR AFFORDABLE AND SUPPORTIVE HOUSING Policy: Per RCW 82.14.540, use the City of Edmonds' share of the existing state sales tax that is reserved for affordable housing: a. In the short term, to provide rental assistance to low-income households in Edmonds that have been impacted by the coronavirus b. In the longer term, to contribute to a regional organization, which could be the County, the Alliance for Housing Affordability (AHA), or a partnership of cities in southwest Snohomish County with the goal of the revenue going toward affordable housing in the sub -region. ADDITIONAL INFORMATION Under RCW 82.14.540, housing and services may be provided only to persons whose income is at or below 60% of the median income of the city or county utilizing the tax revenue. Counties over 400,000 population and cities over 100,000 population may use the revenue for only: a. Acquiring, rehabilitating, or constructing affordable housing, which may include new units within an existing structure or facilities providing supportive housing services under RCW 71.24.385 (behavioral health organizations); b. Funding the operations and maintenance costs of new units of affordable or supportive housing. For counties under 400,000 population and cities under 100,000 population, the revenue may be used for the purposes above AND for providing rental assistance to tenants. The estimated population is over 800,000 for Snohomish County, and 42,000 for City of Edmonds. The bill sets a maximum tax rate of 0.0146%. The County is eligible to receive the maximum tax rate of the taxable retail sales (TRS) in unincorporated Snohomish County and could potentially receive 0.0073% or 0.0146% of TRS in individual Cities. The amount the County could potentially receive through TRS in Cities is dependent on each individual City and if they choose to participate or not. WA Department of Revenue currently sets maximum annual capacity at $1,343,274.79 for Snohomish County, and $71,931.05 for City of Edmonds. Jurisdictions may bond against the revenue that would be produced over a period of 20 years to provide an up -front investment. Under this revenue source, Edmonds' 20-year bond revenue would be $1,438,621. Packet Pg. 419 10.1.a Policy Recommendation Short Name of Policy: COUNTY IMPLEMENTATION OF SALES AND USE TAX FOR HOUSING AND RELATED SERVICES Policy: Advocate for Snohomish County Council to adopt the optional 0.1% sales tax as allowed by state law to provide affordable and supportive housing for low-income households. ADDITIONAL INFORMATION RCW 82.14.530 (otherwise known as HB 1590) allows cities and counties to adopt a 0.1% sales tax (or 10 cents for every $100) for affordable and supportive housing, facilities, and services that benefit people earning less than 60% of the area median income of the county, and who are persons with behavioral disabilities, veterans, senior citizens, families who are homeless or at -risk of being homeless, unaccompanied homeless youth or young adults, persons with disabilities, or domestic violence survivors. The Metropolitan King County Council voted on October 13, 2020 to implement a 0.1% sales tax to fund housing for people who have been chronically homeless. Packet Pg. 420 10.1.a Policy Recommendation Short Name of Policy: EDMONDS-HASCO INTERLOCAL AGREEMENT Policy: Execute an interlocal agreement (ILA) with the Housing Authority of Snohomish County (HASCO) allowing HASCO to operate within Edmonds geographic boundaries. ADDITIONAL INFORMATION The Housing Authority of Snohomish County is the public housing agency of Snohomish County and receives federal funding to acquire, develop, and operate low-income housing. To do so, HASCO must have an agreement with each city in which it operates. HASCO owns three properties in Edmonds. Some areas of the city are not currently covered by an agreement with HASCO, so the agency cannot acquire property there without an extensive process involving the City Council. This policy would allow HASCO to better compete in the market to purchase property to build and preserve affordable homes in Edmonds. While an ILA would reduce red tape and timelines for property acquisition, HASCO would still be required to meet all permitting and development requirements. Packet Pg. 421 10.1.a Policy Recommendation Short Name of Policy: DEVELOP COMMUNITY HOUSING PARTNERS Policy: • Edmonds needs more affordable housing options for: o low/moderate income residents (especially those who earn less than 50% of AML) o special needs residents o seniors o veterans • Construction and land costs make building low income housing economically challenging. • This policy establishes community partnerships with for-profit/non-profits to build affordable housing: o public agencies o neighboring communities o housing/for-profit/non-profit groups o community care providers (transitional housing for patients with 'no safe place to go' while recovering from hospitalization) o Edmonds would establish regulations for these partnerships o The city contract would contract with those partners to manage this housing ADDITIONAL INFORMATION Edmonds should develop community partners throughout South Snohomish County to create/build affordable housing options for low/moderate income residents. • Potential partnerships already exist in South Snohomish County. o The cities of Lynnwood, Mountlake Terrace, Brier o 'Homes & Hope' Community Land Trust in Lynnwood o Housing Authority of Snohomish County o The Alliance for Housing Affordability o Habitat for Humanity • Partnerships can seek private grants/state/federal funding. • Create incentive opportunities for land donation from private owners. • Explore 'surplus' property of the School District, PUD, other entities. • Existing agencies can be contracted to manage projects. • Apply for Washington State Housing Trust Fund monies. • Some funding from existing sales tax revenue is already dedicated for low income housing. • Work with the county to create additional sales tax revenue as authorized by state law. • Satisfy all zoning criteria for housing/apartments/MFTE renovation properties. • Meet needs for services, parking, access to transit, green space, environmental impacts. • Additional community resources available from Appendix E. Edmonds Housing Strategy (2018) • Our Community I Verdant — representing Public Hospital District #2/Swedish-Edmonds Packet Pg. 422 10.1.a Policy Recommendation Short Name of Policy: MULTI -FAMILY DESIGN STANDARDS Policy: Enhance current design standards of new multi -family dwellings to maintain and enhance the unique characteristics of the Edmonds community. Building types would include mixed use buildings, small multi -family buildings and larger multi -family buildings. Additional Information: This policy creates design standards to achieve an end solution that is visually appealing and reflects a human scale, resulting in compatibility with the City of Edmonds neighborhoods. This summary is a supplement to current zoning design standards. 1. Building visual interest: a. Vertical and horizontal modulation. This condition is important for larger scale buildings. b. Site and building landscaping, ground level: At entry and in courtyards. c. Landscaping integrated into the building where stepped modulation on decks of units and common area decks occur shall be enhanced with free-standing or hanging pots and/or built-in platforms or planters. d. In common areas, roof decks and modulation step -back decks enhance livability. 2. Step-backs/Incentives: Street and alley sides a. Maintain the current 3-story height limit. Step -back the upper floors. Stepping back the 3rd Floor provides the developer the opportunity to increase income from creative use of space that may increase building costs. The higher income from the use of creative space will help offset affordable housing income on the lower floors. b. Further incentives would include a partial 4th Floor (not within view corridors). Step -back all sides to provide a combination of common and private areas for the 4th Floor. This 4th Floor reward provides a developer another opportunity to increase income from the above items that will result in building cost increases and to offset affordable housing loss of income. c. Height exception: Elevators and Stairwells d. Color and material variations should be used to complement modulation. Packet Pg. 423 10.1.a Policy Recommendation Short Name of Policy: UPDATE COMPREHENSIVE PLAN TO INCLUDE "PARKING SOLUTIONS" AS A GOAL IN TRANSPORTATION ELEMENT SECTION Policy: Adopt LANGUAGE that includes Parking Solutions as a goal defined in our Transportation Element under the City of Edmonds Comprehensive Plan. ADDITIONAL INFORMATION Current traffic impact fees assessed by the City to new traffic contributing developments to our community currently do not allow these fees to be allocated to solve parking solutions in our community. The Irony of imposing fees calculated on the anticipated traffic impact to our community by newly established development then consequently not allowing parking solutions to be one of current possible uses of these funds collected is a flawed policy. Simply updating language in our Comprehensive plan would allow flexibility for some of these traffic impact fees to be allocated for parking solutions more efficiently (examples of parking solutions: leasing parking lots, shuttle services, trolley services, purchasing land for parking lots, and low profile parking structures). Packet Pg. 424 10.1.a Policy Recommendation Short Name of Policy: ELIMINATE DISCRIMINATORY PROVISIONS IN CONVENANTS AND DEEDS Policy: Prior to the sale or transfer of any property in Edmonds, all discriminatory language in any associated covenants and/or deeds must be legally removed from said documents. ADDTIONAL INFORMATION Historically, many parcels of property in Edmonds had legally binding language prohibiting the sale of said property to individuals based on their race, religion, sex or other discriminatory provisions. Covenants restricting ownership by race were ruled unenforceable by the U.S. Supreme Court in 1948, and housing discrimination was made illegal by Congress in 1968 under the Fair Housing Law. While today enforcing these documents is illegal, none -the -less they still exist and are passed down to successive property owners at the time of sale. This policy is targeted to break that cycle. State legislation (SHB 2514) has recently been enacted with provisions to modify these documents through a "restrictive covenant modification" document filed with the county that legally strikes and voids the unenforceable provisions from the deed. This policy would mandate that property owners file a restrictive covenant modification document with the county (at no cost) prior to the sale or transfer of said property. While this doesn't erase history, it does provide a means to state our values for future Edmonds residents and property owners. Packet Pg. 425 10.1.a SUPPLEMENTAL SET OF POLICY PROPOSALS This section provides a set of seven policy proposals that the Edmonds Citizens' Housing Commission found worthy of the City Council's consideration but that did not necessarily fit within the Commission's specific mission, as identified in Resolution # 1427. The policy ideas in this section have the following short titles: • IMPROVED TENANT PROTECTIONS • CHILDCARE VOUCHER PROGRAM • RENTER'S CHOICE SECURITY DEPOSIT • LOW-INCOME EMERGENCY REPAIR PROGRAM • PROPERTY TAX EXEMPTION FOR LOW-INCOME HOUSEHOLDS • SIMPLIFY ZONING CODE LANGUAGE • STREAMLINE PERMITTING PROCESS The City Council is encouraged to explore this supplemental set of policy ideas at the appropriate time. Packet Pg. 426 10.1.a Policy Recommendation Short Name of Policy: IMPROVED TENANT PROTECTIONS Policy: Adopt measures to improve residential tenant protections, such as: • Just Cause Eviction Ordinance: limiting the grounds upon which a landlord may evict a tenant to a "just cause" or valid business reason • Prohibiting arbitrary of retaliatory evictions • Prohibiting evictions based upon the tenant's status as a member of the military, first responder, senior, family member, health care provider, or educator • Prohibiting retaliation and discrimination in lease renewal actions • Adopting penalties for violation and procedures to protect the rights of landlords and tenants ADDITIONAL INFORMATION Seattle has had a Just Cause Eviction Ordinance since 1980. Federal Way and Burien have more recently enacted eviction protection legislation, and a statewide bill was proposed in the 2019-2020 legislative session. More information about just cause eviction protections can be found at Local Housing Solutions and PolicyLink's All -In Cities Initiative The City must determine what types of rental properties and landlords (e.g. small vs. large) should be regulated in this way. The City must also determine what reasons would constitute a just cause eviction. Examples can be found in the links to other communities' approaches, above. Packet Pg. 427 10.1.a Policy Recommendation Short Name of Policy: CHILDCARE VOUCHER PROGRAM UNDER THE DIRECTION OF NEWLY ESTABLISHED HUMAN SERVICE MANAGER Policy: Recommend Council explores Childcare Voucher program for people who work and/or live in Edmonds under the direction of the City's newly established Human Services manager. ADDITIONAL INFORMATION Not everyone who works in Edmonds can afford to live in Edmonds, that's just the facts of life, and the geography constraints of a small seaside town of just 8 square miles. We as a community can be more creative and make Edmonds more desirable to work in and perhaps make it more achievable to afford to live in for some in Edmonds by offering Childcare subsidize voucher program. Packet Pg. 428 10.1.a Policy Recommendation Short Title of Policy Proposal: RENTER'S CHOICE SECURITY DEPOSIT Specific Policy Proposal: Reduce the up -front cost of security deposits for renters while keeping landlords whole for costs that are normally covered by such deposits. The policy may be implemented through the following steps: • Allow tenants of all income levels choices in how to pay those security deposits. • Allow tenant applicants to pay by: o Buying rental security insurance o Installment payment of security deposits - at least six equal monthly payments. o Pay 'reduced' security deposit of no more than 50% of one months' rent. • All rental properties of 25 or more units will offer the Renter's Choice program. • Before signing a rental agreement, the landlord provides tenant written notice of the Choice plan. ADDITIONAL INFORMATION: Purpose of policy proposal: remove a rental barrier for all tenants regardless of income. Key Factors Considered: • Landlords charge prospective tenants security deposits which may be as high as two months' rent. • Renter's Choice eliminates a barrier to rentals for all tenants regardless of income. • It is likely to increase housing options for people who have been discriminated against in the past. • Changing the way security deposit fees are paid can save significant money for all tenants. • That puts money back into the local economy. • Security Deposit insurance is available from a number of companies. • The proposal is based on a unique policy developed for the city of Cincinnati, Ohio in 2020. • Cincinnati got 'buy in' from landlords who helped develop the policy. • It provides landlords with protection for any damage to their property. • There are also legal remedies for landlords, if tenants violate the terms of the agreement. • The policy can be expanded to cover all landlords, regardless of the number of units they control. • Edmonds has the authority to regulate rental fees, though it has not done so in the past. • State law recognizes that "...certain tenant application fees should be prohibited". * • State law recognizes that "...guidelines should be established for the imposition of other tenant fees" * Contained in findings to Washington State law - RCW 59.18.253. Additional research Information: • Hard copy attached of City of Cincinnati Renter's Choice Law. • Hard copies attached of media articles on the Cincinnati Renter's Choice Law. • Virginia, New Hampshire, New York City and Atlanta are considering this policy. Packet Pg. 429 10.1.a Policy Recommendation Short Name of Policy: LOW-INCOME EMERGENCY HOME REPAIR PROGRAM Policy: Fund a program, or contribute funding to an existing program such as Homage, to assist low-income homeowners with emergency home repairs. ADDITIONAL INFORMATION Emergency home repair programs correct housing conditions that threaten low-income homeowners' safety, such as failing plumbing or heating systems, rotten floors, or a leaking roof. Beyond home insurance coverage, home repair costs can typically be covered by a bank -issued home equity loan or line of credit. However, banks may reject loan applications due to bad credit or lack of income. With the assistance of these repairs, residents are better able to remain safely housed for as long as possible. Other emergency home repair models offer financial assistance, in grants or below -market -rate loans, for emergency home repairs to low-income homeowners. Homage's Minor Home Repair program serves low- and moderate -income elderly and special needs homeowners in Snohomish County. Funding for this program is provided by the Snohomish County Community Development Block Grant (CDBG) Program, the City of Everett CDBG Program, the City of Marysville CDBG Program, city funding from City of Bothell, and other private donations. Edmonds' participation could better fund this program, or potentially help expand it to serve more low-income homeowners. Other local example programs imay be seen in the following webpages: • Sound Generations • City of Renton • Rebuilding Together • City of Seattle Packet Pg. 430 10.1.a Policy Recommendation Short Name of Policy: PROPERTY TAX EXEMPTION FOR LOW INCOME HOUSEHOLDS Policy: Extend the property tax exemption program currently available to seniors and the disabled to low income households. ADDITIONAL INFORMATION This policy would mirror the current property tax exemption available to qualifying seniors and disabled households. Those homeowners with an AMI below TBD would be eligible subject to a qualifying criteria similar to what's currently defined in: https://snohomishcountywa.gov/DocumentCenter/View/1387/Senior-Citizen-Disabled-Person- Exemption-Program-Publication?bidld= This policy results in a direct benefit to qualifying households, thus fostering home ownership with its associated wealth creating opportunities. Packet Pg. 431 10.1.a Policy Recommendation Short Name of Policy: SIMPLIFY ZONING CODE LANGUAGE Policy: Use diagrams, pictures, and tables in place of text where applicable. Use plain language where text is necessary. Packet Pg. 432 10.1.a Policy Recommendation Short Name of Policy: STREAMLINE PERMITTING PROCESS Policy: Reduce the number of conditional uses to streamline the permit process. Packet Pg. 433 10.1.b City Council Agenda Item Meeting Date: 05/11/2021 Process for Reviewing Housing Commission Recommendations Staff Lead: {Type Name of Staff Lead} Department: Development Services Preparer: Jana Spellman Background/History The Edmonds Citizens' Housing Commission was tasked by a City Council resolution with developing "diverse housing policy options for Council consideration designed to expand the range of housing" in Edmonds. This work was due January 31, 2021 and the Commission was slated to sunset one day later. The Housing Commission's 15 policy recommendations (attached) were submitted to the City Council on January 29, 2021. This milestone was publicly acknowledged at the Council's February 2, 2021 meeting. The recommendations were not discussed in any detail. On March 16, 2021, the City Council meeting featured an "introductory Overview of the Housing Commission Recommendations". This was a longer session but still recognized that each policy recommendation, perhaps one or two at a time, would come back in more detail to the City Council during the next year. Since then, one of the simpler housing recommendations --to establish an interlocal agreement with the countywide housing authority --came to the City Council for further review and action as part of two public meetings. Council members have also expressed interest in a more specific process to review the remaining recommendations. Staff Recommendation Approve Option 1 or 2 to guide the review process. NARRATIVE In planning for the process to review the policy recommendations of the Edmonds Citizens' Housing Commission, it is important to keep in mind several things, including: 1. What is a policy recommendation? 2. What can the City Council do with the Housing Commission's recommendations? 3. If the Council wants to pursue implementing a recommendation, what tool/method would be used? 4. What is the difference between "general recommendations" and "recommendations subject to Planning Board involvement"? 5. How do you know whether a policy recommendation is fairly simple vs. fairly complex? 6. What should be done with overlapping or closely related recommendations? 7. What is the relationship between housing and the environment? 8. What are the options for City Council review of the housing policy recommendations? 9. Will community engagement be part of the decision process? 10. How should the City approach the Housing Commission's "supplemental policy proposals"? Packet Pg. 434 10.1.b Each of the above questions are addressed below. What is a policy recommendation? Let's start with defining a policy. Basically, a "policy" is a statement that is intended to guide future actions about something. It is not nearly as detailed as a regulation --but may provide guidance for developing more detailed regulations and programs. Furthermore, a "recommendation" is simply advice that follows from a deliberative effort. For the Housing Commission, each recommendation reflects a policy proposal that the majority of Commissioners voted to recommend to the City Council. The proposed policies are not necessarily meant to be adopted "as is" but to guide more specific actions. What can the Council do with the Housing Commission's recommendations? After reviewing each policy recommendation, along with public input and additional information, the City Council may choose to: (a) Take no action to move the recommendation forward (b) Send the recommendation (or a set of recommendations) to the Planning Board for more review, research, and the development of any options for Council consideration (c) Direct that a more detailed study and/or possible options be developed for further Council consideration (without Planning Board review); and/or (d) Direct that specific action be taken toward implementing the recommendation in some form. If the Council Wants to Pursue Implementing a Recommendation, What Tool or Method Would Be Used? To implement a selected amendment, the City Council could choose from several different tools/methods, including: o Voting on a motion to follow a particular course of action o Authorizing an interlocal agreement o Authorizing a budget amendment o Adopting a resolution about key findings or intentions o Adopting a Comprehensive Plan amendment o Amending the City's development regulations o Adopting a change to the municipal code (outside of the development regulations) A table has been prepared to illustrate how some of these tools could apply. (See "Policy Implementation Methods", attached.) What is the Difference between "General Recommendations" and "Recommendations Subject to Planning Board Involvement"? Of the Housing Commission's 15 policy recommendations, 9 affect the Comprehensive Plan and/or zoning regulations. These 9 are subject to Planning Board review before final action is considered more deeply by the City Council. The other 6 recommendations are distinct from the first type because the City Council may take any final action on them without Planning Board input. From this perspective, the 15 recommendations break into 2 primary categories. (See the attached "Policy Aspects Table"for a summary view of this.) The first category is: Recommendations Subject to Planning Board Review. (NOTE: Planning Board review would include gathering of additional public input, analysis of detailed information, and development of very specific recommendations/options for Council consideration). The 9 policies (by Packet Pg. 435 10.1.b short title) in this category are: 6 Missing Middle Housing in Single -Family Neighborhoods 6 Equity Housing Incentives 6 Medium Density Single Family Housing 6 Neighborhood Village Subarea Planning 6 Cluster/Cottage Housing 6 Detached Accessory Dwelling Units 6 Inclusionary Zoning 6 Multi -Family Design Standards 6 Update Comprehensive Plan to Include "Parking Solutions" as a Goal in Transportation Element. The second category is: Recommendations Not Requiring Planning Board Review before the City Council takes any final action. These recommendations do not affect the comprehensive plan or development regulations. The 6 policies (by short title) in this category are: d Multi -Family Tax Exemption d Use of Existing Sales Tax Revenue for Affordable and Supportive Housing 6 County Implementation of Sales and Use Tax for Housing and Related Services 6 Edmonds-HASCO Interlocal Agreement d Develop Community Housing Partners d Eliminate Discriminatory Provisions in Covenants and Deeds. How Do You Know whether a Policv Recommendation is Fairly Simple vs. Fairly Complex? Different people may have different opinions about whether something is fairly simple or complex. For purposes of this process, we are assuming that an item is "fairly simple" if it can be understood or implemented in a relatively short time and without extensive technical analysis. On the other end of the spectrum, an item is very complex if it would require a great amount of study or the development of entirely new regulations or programs that are very different from those that exist now. Whether something is fairly simple or complex makes a difference in planning the schedule for considering that item. What is the Relationshio between HousinLy and Environment? All development, including existing and future housing, is to be considered in relationship to the rest of the environment. That implies that, as we think about the need for housing across our region and how Edmonds is able to meet its fair share of housing needs, we also understand that providing for open space, trees, walkability, good schools, etc., is an integral part of providing for housing. In other words, as a community and part of bigger region, we take a balanced and thoughtful approach to achieving both housing and environmental goals-- recognizing no one will ever have all the answers but our community can continue to make progress. It does not mean that all environmental issues must be tackled before one can do anything about housing. In fact, this relationship is at the heart of "sustainability" -- the idea that achieving a healthy environment, economic vitality, and social well-being is an ongoing, integrated process. For example, this relationship aligns with several sustainability goals in our Comprehensive Plan, including: Sustainability Goal A: "Develop land use policies, programs, and regulations designed to support and promote sustainability. Encourage a mix and location of land uses designed to increase accessibility of Edmonds residents to services, recreation, jobs, and housing." NOTE: A policy under that same goal goes on to say "Holistic solution should be Packet Pg. 436 10.1.b developed that employ such techniques as Low Impact Development (LID), transit - oriented development, "complete streets" that support multiple modes of travel, and other techniques to assure that future development and redevelopment enhances Edmonds' character and charm for future generations to enjoy." Sustainability Goal G: "Develop housing policies, programs and regulations designed to support and promote sustainability. Support and encourage a mix of housing types and styles which provide people with affordable housing choices geared to changes in lifestyle...." So how are environment and housing considered together as development occurs? One important way is by ensuring that development regulations are designed to incorporate both environmental needs and housing opportunities, for example, through good stormwater management. In addition, the City can take steps to encourage or acquire open space, to retain trees, and to protect critical areas and the shoreline. What Should Be Done with Overlapping or Closely Related Recommendations? Some of the housing policy recommendations overlap each other and should be considered concurrently, at least in part. The two sets of recommendations that are subject to Planning Board review and have overlap with each other are: 1. "Missing Middle Housing in Single Family Neighborhoods" with "Equity Housing Incentives"; and 2. "Medium -Density Single Family Housing" with "Neighborhood Village Subarea Planning". Policy recommendations that are closely related -but not requiring Planning Board review --are: o "Use of Existing Sales Tax Revenue for Affordable and Supportive Housing" with "County Implementation of Sales and Use Tax for Housing and Related Services". What Are the Options for the City Council's Review Process? Below are two options for a City Council review process. Option V'Divide the work first" In this option: For the 5 remaining policy recommendations that do not affect the Comprehensive Plan or zoning regulations, the City Council would consider 4 of them in 2 or more batches between late spring and fall, 2021. [Note: the 5t" recommendation, regarding Multifamily Tax Exemption, is technically complex and better to consider in early 2022, given that non -housing topics (including tree programs, budget, etc.) will take plenty of agenda time before then.] For all 9 policies affecting the Comprehensive Plan or zoning regulations, the City would conduct brief initial review in 2 or more batches during summer/fall of 2021, then assign the batch (in whole or part, with any additional direction) to the Planning Board for further work and recommendations. Sometime later, after the Planning Board prepares its recommendations for each assigned policy (or group of related policies), the City Council would have a more extensive review and public process, probably beginning in early 2022 and extending through fall 2022 or later. Option 2 - "Start simple" In this option: Between this spring and late fall (i.e., prior to the rush of budget and other year-end work), the City Packet Pg. 437 10.1.b Council could start reviewing policy recommendations that are relatively simple and do not need significant research before the Council begins considering them. This includes initial review of: (a) one or two policies that do not need Planning Board review; and (b) one or two policies that may then be forwarded to the Planning Board for more work (and possible options) before detailed consideration by the City Council. Thus, review of several policies could be started this year, with exact dates to be determined per the extended agenda and any necessary updates. For example, this could mean: Late spring --Consideration of one or two relatively simple policies that do not need Planning Board input (such as: "Use of Existing Sales Tax Revenue"; and "County Implementation of Sales & Use Tax"); Summer --Consideration of one or two relatively simple policies that could be assigned to the Planning Board for additional work/options during 2021 (and come back to the Council later), especially regarding Detached Accessory Dwelling Units; Fall --Consideration of two other recommendations that do not require Planning Board input, such as: "Develop Community Housing Partners" and "Eliminate Discriminatory Provisions in Covenants and Deeds"). Then in early 2022, the City Council could begin considering the remaining, more complex recommendations in a logical order. For example: VY Quarter 2022- (a) Consideration of any remaining policies that are not subject to Planning Board review (such as "Multi -Family Tax Exemption"); and (b) Consideration of 2 or more policies that may be complex and related to each other - AND that could be sent to the Planning Board for further review and options before final Council consideration. 2nd Quarter 2022- (a) Consideration of any recommendations or options that have come back from the Planning Board's 2021 assignments (b) Preliminary consideration of remaining policies that could be sent to the Planning Board for review and options before final Council consideration 3d Quarter 2022 (and possibly beyond)- 6 Consideration of any additional recommendations or options that come back from the Planning Board's 2021 or 2022 assignments. Will Communitv Engagement Be Part of the Decision Process? Additional community engagement will be sought in making decisions about housing policies. (Note: That does not mean that every public opinion can or will be automatically followed but rather, that everyone is welcome to share their perspective and to know that the City Council will thoughtfully consider it.) Furthermore, every Council decision will be made in a public meeting. If the decision is part of an amendment to a development regulation or to the comprehensive plan, it will also require a public hearing, which provides another opportunity for community input. To go forward, many of the recommendations would also trigger Planning Board review and a whole set of additional public engagement opportunities. How should the City Council approach the Supplemental Set of Policy Proposals? The Housing Commission offered 7 additional policy ideas that did not necessarily fit within the Packet Pg. 438 10.1.b Commission's mission or timeframe but might be worth exploring later. These were: Improved Tenant Protections Childcare Voucher Program Renter's Choice Security Deposit Low -Income Emergency Repair Program Property Tax Exemption for Low -Income Households Simplify Zoning Code Language Streamline Permitting Process. The first of these (Improved Tenant Protections) relates closely to legislation that has been moving through the state legislative process. If this legislation is signed into law, it may have local implications that the City Council should consider later this year. The other 6 ideas above could be addressed in 2022/2023, after all or most of the Housing Commission's official policy recommendations have been considered. Attachments: POLICY PACKAGE FOR COUNCIL-02.01.21 Policy.Implmtn.Method HC.PolicyAspectsTable Packet Pg. 439 10.1.c 5/11/2021 KEY: "DC" means "Development Code"; "MC" means Municipal Code "Other" means some other action, such as an interlocal agreement "Budget" means it would need some budgetary admendment or direction from Council HC Policies: Methods to Use for Any Type of Implementation Housing Commission Policy Consistent Variations CP Amdmt Other By Brief Title w/Exist'g Possible Needed Impl'tn CompPln Method Missing Middle Housing in SF Neigbhorhoods Generally Yes Possibly DC Equity Housing Incentives Generally Yes Possibly DC Medium -Density SF Housing Generally Yes Maybe DC Neighborhood Village Subarea Planning Generally Yes Depends Budget; DC Cluster/Cottage Housing Generally Yes No DC Detached Accessory Dwelling Units Generally Yes No DC Multifamily Tax Exemption Generally Yes No MC Inclusionary Zoning Generally Yes Possibly DC Existing Sales Tax for Affordable Housing Generally Yes No Budget County Sales Tax for Affordable Housing Generally Yes No Other HASCO Interlocal Agreement Generally Yes No Other Development of Housing Partners Generally Yes No Other Multi -family Design Standards Generally Yes No DC Parking Solutions as Comp Plan Goal Probably Yes Yes TBD Discrimatory Provisions in Covenants & Deeds Generally Yes No MC Packet Pg. 440 10.1.d HOUSING COMMISSION POLICY ASPECTS TABLE Housing Commission Policy Subject to Level of Need for Est. Min. Time for PB Review Complexity Outside Consultant PB consideration* Missing Middle Housing in SF Neigbhorhoods Yes High Probably Not 4 -6 mo. Equity Housing Incentives Yes High Probably Not 4-6 mo. Medium -Density SF Housing Yes High Probably Not 4-5 mo. Neighborhood Village Subarea Planning Yes High a Yes 8-9 mo Cluster/Cottage Housing Yes Moderate Probably Not 4 mo. Detached Accessory Dwelling Units Yes Low No 3 mo. Multifamily Tax Exemption No Moderate Probably Not Inclusionary Zoning Yes High Jr Probably Not 4-5 mo. Existing Sales Tax for Affordable Housing No Low No County Sales Tax for Affordable Housing No Low No HASCO Interlocal Agreement No Low No Development of Housing Partners No Low No Multi -family Design Standards Yes Moderate Probably Yes 4-5 mo. Parking Solutions as Comp Plan Goal Yes Moderate No, not at this stage 2-4 mo. Discrimatory Provisions in Covenants & Deeds No Low No *NOTE: "Est. Min. Time for PB Consideration" is for the Planning Board process only. Some of the policies, such as items 6 and 7 above, could be considered together. Packet Pg. 441 City Council Agenda Item Meeting Date: 05/18/2021 Council Committee Minutes Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation N/A. For information only. Narrative The Council committee meeting minutes are attached. Attachments: PPW051121 PSPP051121 FC051121 Packet Pg. 442 PARKS & PUBLIC WORKS COMMITTEE MEETING May 11, 2021 Elected Officials Participating Virtually Councilmember Laura Johnson Councilmember Luke Distelhorst 1. CALL TO ORDER Staff Participating Virtually Phil Williams, Public Works Director Rob English, City Engineer Bertrand Hauss, Transportation Engineer Scott Passey, City Clerk The Edmonds City Council virtual online PPW Committee meeting was called to order at 4:00 p.m. by Councilmember Distelhorst. 2. COMMITTEE BUSINESS Presentation of the 2022-2027 Six -Year Transportation Improvement Program Mr. Hauss explained RCW requires that each city update their TIP annually by July 11t. The TIP includes all significant transportation projects that the City plans to undertake in the next six years. According to the City's policy, the first three years are financially constrained and the last three years are unconstrained. He highlighted projects with secured grant funding and recently secured grants: 2. 76th Avenue W Overlay from 1965th St SW to Olympic View — construct in 2021 3. Main St Overlay from 6th Ave to 8th Ave — secured design and construction, not available until 2023, construct in 2024 8. SR-99 Revitalization (initial project) 9. Highway 99 Revitalization 10. Highway 99 Revitalization from 224th St SW to 220th St SW 11. Highway 99 Revitalization from 244th St SW to 238th St SW 12. 76th Ave W @ 220th St SW Intersection improvements 19. SR-104 ITS Adaptive System 24. Citywide Pedestrian Crossing Enhancements — construction completed July/August 43. Citywide bicycle improvements Questions and discussion followed regarding why the first three years were constrained (reasonable expectation of funding) and the last three years were unconstrained (unsecured funding), possible HAWK signal on Highway 99, and the Transportation Pan Update. Committee requested a 11 x 17 printout of the TIP. Action: Public hearing on May 18, 2021 2. 2020 Traffic Impact Fee Annual Report Mr. English reviewed: Beginning Balance $947,595 Impact Fees $805,648 ■ 220th St Loan Payment (40,121) Ending Balance $1,713,122 Packet Pg. 443 11.1.a 05/11/21 PPW Committee Minutes, Page 2 Year Impact Fees 2004-10 $589,645 2011 307,678 2012 29,966 2013 156,652 2014 202,295 2015 66,334 2016 139,031 2017 372,481 2018 201,348 2019 442,245 2020 805,648 Total $3,313,323 Mr. English relayed $1.7M is programed for projects used to develop the impact fee (concurrency projects); the two primary projects are the 76th/220th intersection and the SR-99/220th project. The impact fees will be updated as part of the Transportation Plan update. He responded to a question regarding impact fees from upcoming large projects. Action: Consent Agenda 3. 10-ft street dedications along Puget Drive and 9th Ave N adjacent to 1414 9th Ave N Mr. English explained the property is proposed to be subdivided into two lots and a single family home built on the westerly lot. The Official Street Map requires a 10-foot dedication on the north side of Puget Avenue and the east side of 9th Avenue N. He responded to questions regarding the existing site, and the need to update the Official Street Map. Action: Consent Agenda 4. Report on Bids for Phase 2 2021 Overlay Project Mr. English explained this is a follow-up to the Phase 1 overlay on which the City received bids lower than the engineers estimate which left some remaining budget for a Phase 2 small works contract to pave additional streets. Five bidders were invited to provide bids, 3 responded, bids ranged from approximately $111,000 to $134,000 for the base bid. There was also an add alternate but not enough budget to award it. The base bid will pave two streets, 206th Place and 82nd/2141h Place. The contract will be funded with 2021 overlay funds from REET 125, 126 and 112 Street Fund. Staff is reviewing bids and if everything checks out, Granite Construction is the low bidder, the bid award will be on the May 18th or 25th agenda. The bid also included $10,000 funded from the Traffic Calming Program to replace existing traffic calming chicanes and humps on 238th and 2401h east of Highway 99 with traffic cushions which are more friendly to emergency access vehicles. Questions and discussion followed regarding coordinating paving on 82nd/214th with home construction in that area, utility funds that were part of the remaining funds but cannot be used for additional paving, total of Phase 1 and 2 (approximately $880,000), and impacts of this year's reduced paving program Action: Consent Agenda 5. Presentation of a Professional Services Agreement with David Evans and Associates (DEA) for the Elm Way Walkway Protect Packet Pg. 444 11.1.a 05/11/21 PPW Committee Minutes, Page 3 Mr. English explained this is design of the Elm Walkway between 8th and 9th Avenues. The City issued a RFQ earlier this year, three engineering firms responded and the selection committee chose David Evans & Associates. The Elm Way walkway was identified in the 2015 Transportation Plan as the 6th ranked short walkway segment. It was included in last year's CIP and in the 2021 budget for design. The design will be for 700' of new sidewalks and stormwater improvements. The $139,000 fee includes a $5,000 management reserve and $10,000 option for infiltration. The 2021 budget included $150,800 for design; construction is planned in 2022. He responded to questions regarding coordination with the bike lane project, reconfiguration of Elm to one lane with sidewalk in the right turn lane, and the expected width of walkway (5). Action: Consent Agenda 6. WHPacific No Cost -Supplemental Agreement for the 84th Ave Overlay Project Mr. English explained this is required to extend the duration of the contract to the end of year. The contractor who did the initial 84th Ave overlay went bankrupt and the bonding company became involved. The project reached substantial completion in 2020, but there are a few remaining issues. He hoped to have the project completed in the next 1-2 months and the WSDOT audit completed (required due to federal funding). Action: Consent Agenda 7. Presentation of a Local Agency Professional Services Agreement with KPG for the 76th Ave. W C&_ 220th St. SW Intersection Improvements Project Mr. English explained this project is in the 2021 budget. A grant was secured two years ago for design but the funds could not be obligated this year. An RFQ was issued earlier this year; two firms responded and the selection committee chose KPG based on their qualifications and experience. The project scope is to add dedicated turn lanes eastbound and westbound to add capacity, a dedicated southbound right turn lane, bike lanes, widen the sidewalk at the intersection, stormwater improvements and possibly conversion of overhead utilities at intersection. The contract is for preliminary design to 15%; there are a lot of issues to figure out such as the alignment of intersection, ROW requirements, stormwater, etc. 1-2 retaining walls, and potential conversion of overhead utilities. The consultant fee is $287,000 which includes a 10% management reserve. The fee may be reduced by $20,000-$30,000 if items are deferred to final design. Funding includes two federal grants, a $702,000 CMAQ grant, a $387,000 right- of-way grant with a local match of the same amount, and impact fees. This project and the Highway 99/220th project were tied as the highest ranking projects in the 2015 Transportation Plan. Mr. English responded to questions regarding previous signal timing improvements from 76th/220th east, widened sidewalks, safety aspects of undergrounding overhead utilities, proximity to the hospital and high school that made this project competitive, and maximizing the disadvantaged business goals if possible. Action: Consent Agenda 8. Renewal of Verizon Cell Tower Lease -Five Corners Mr. Williams displayed a diagram of the Five Corners reservoirs, explaining antennas are located on the reservoirs and supporting equipment is located in the northwest corner of the site. Verizon has leased 57 square feet for the last 15 years in a series of 5 year leases. This renewal will authorize the last 5-year extension at the end of which a new lease will be negotiated or the equipment removed and the site restored to its previous condition. He responded to questions regarding the 3% escalator in the lease and lease of the ground and antennas and said there are no plans to alter the existing antennas. Packet Pg. 445 11.1.a 05/11/21 PPW Committee Minutes, Page 4 Action: Consent Agenda 9. Presentation of a Supplement Agreement with Blueline, LLC for Construction Management and Inspection Services Mr. English relayed this is a no cost supplement. Last year the Council approved a contract with Blueline to provide construction management and inspection services for the 2020 construction program. Due to COVID, some project scheduling slowed and City staff conducted inspections and did not utilize Blueline as much as anticipated. Approximately $180,000 of the budget remains. This supplement will program that remaining amount for 2021 projects as needed. Action: Consent Agenda 10. 2020 Transportation Benefit District Report Mr. Williams provided an overview of the TBD: Edmonds City Council formed TBD on November 18, 2008 TBD Board enacts $20/year fee with Ordinance No. 1 on February 17, 2009 limiting the use of funds collected to maintenance and preservation of streets and related traffic controls assets. Funds collected 0 2012 $640,994 0 2013 $670,435 0 2014 $623,111 0 2015 $687,421 0 2016 $701,467 0 2017 $692,589 0 2018 $716,013 + $43,181 in qualifying expenditures = $759,194 0 2019 $689,668 + $26,345 in qualifying expenditures = $176,013 0 2020 $719,684 + $133,604 in qualifying expenditures = $586,080 Schedule of Revenues, Expenditures and Changes in Fund Balance 1/1/20-12/31/20 Revenues $20 Vehicle Registration Fee $719,684 Total Revenues Expenditures 719,684 Road Maintenance includes repairs, patching, crack sealing) Labor & Benefits 134,935 Supplies 26,463 Traffic Control Labor & Benefits 195,617 Supplies 114,670 Vehicle Charges 114,396 Excess Transferred to Street Fund 133,604 Total Expenditures $179,684 Net Charge in Fund Balance -- Fund Balance - Beginning -- Fund Balance - Ending -- 2021 Paving Program o Revenue & Expense Revenue Expense Employee time $80,000.00 Construct 450,454.00 Construct Contingency 45,045.40 Packet Pg. 446 05/11/21 PPW Committee Minutes, Fund 112-Street $100,000 CM 67,568.10 Fund 125-REET 2 400,000 88' Share 66,637.50 Fund 126-REET 1 300,000 Phase 2 Construct 145,745.00 Fund 112-Street 16,269 Phase 2 Councilmember 21,861.75 Fund 125-REET 2 15,166 Phase 2 Contingency 14,574.50 Fund 126-REET 1 9,875 2021 Design Total Pave Budget 1 $841,311 TOTAL $891,866.25 Map of 2021 Overlay Program 1-976 Status o November 2019 - Initiative 976 passed by the voters of Washington State o An injunction, upheld by the State Supreme Court, kept the initiative from taking effect o Local licensing fee collections remained — Edmonds continued receiving and expending these revenues o October 2020 - 1-976 ruled unconstitutional by the Washington State Supreme Court Mr. Williams responded to questions regarding the rationale for not allowing TBD funds to be used for paving, other potential uses of TBD funds, and revenue sources for street maintenance. Action: Full Council 3. ADJOURN The meeting was adjourned at 4:58 p.m. Packet Pg. 447 PUBLIC SAFETY, PERSONNEL & PLANNING COMMITTEE MEETING May 11, 2021 Elected Officials Participating Virtually Councilmember Kristiana Johnson Councilmember Adrienne Fraley-Monillas CALL TO ORDER Staff Participating Virtually Phil Williams, Public Works Director Jessica Neill Hoyson, HR Director Michelle Bennett, Acting Police Chief Scott Passey, City Clerk Brian Tuley, IT Supervisor Jeff Taraday, City Attorney The Edmonds City Council virtual online PSPP Committee meeting was called to order at 5:00 p.m. by Councilmember Fraley-Monillas. 2. COMMITTEE BUSINESS 1. PC Support Technician Job Description Update Mr. Tuley relayed the PC support technical position is currently vacant. That position performs duties beyond the scope of the job description; the intent is to align the job description with duties performed. The majority of the position's responsibilities are help desk as well as multiple administration duties such as server updates, managing databases, etc. Ms. Neill-Hoyson and Mr. Turley responded to questions regarding hiring into a new pay range, the need to fill the position as soon as possible, internal and external recruitment, limited staff in IT, and which staff member left. Action: Consent Agenda 2. Reorg of Clerk's Office to Administrative Services - Job Description Changes Ms. Neill-Hoyson explained the proposal is to create efficiencies by moving the Clerk's into what is now the Finance department and retitle Finance to Administrative Services. This would include moving five positions in the Clerk's Office into the newly titled Administrative Services. That change results in job description updates, changing the reporting relationship and changing duties as a result of moving positions into Administration Services, creating more broad use of positions. The Business Licensing Clerk becomes an Administrative Assistant and the Public Records Officer will report to the Deputy Director of Administrative Services. The other changes are predominately cleanup of position descriptions and eliminating backup of positions which will no longer be required. Ms. Neill-Hoyson explained two pay changes occurred as a result of the change. The Public Records Officer position was acceded into the AFSCME union about two years ago and there has been an outstanding pay issue regarding where the position should be on the salary schedule for AFSCME versus Non -Rep. It was to be addressed during bargaining, but the AFSCME contract was rolled for a year so it would have been addressed later this year during bargaining. The union has been informed of the pay change and is in agreement. Ms. Neill-Hoyson relayed it had been brought to her attention that the function of the Business Licensing Clerk was very similar to the Administrative Services Administrative Assistant but was paid two ranges lower. She was in the process of determining whether that position had been misclassified when this Packet Pg. 448 11.1.b 05/11/21 PSPP Committee Minutes, Page 2 reorganization proposal arose. She summarized the two pay changes would have occurred even without the merge of the two departments. The other two changes are related to the Finance Director position, retitled to the Administrative Services Director and the current Deputy Director, retitled to the Deputy Director of Administrative Services. The Deputy Director will have oversight over records. The pay for the Deputy Director of Administrative Services will also be aligned with the pay for the Deputy Director of Parks. The Deputy Director of Administrative Services position is currently vacant; a determination was made that the position needs to be filled. Ms. Neill-Hoyson responded to questions regarding the Deputy Director supervising the former Clerk's Office employees, possible physical office changes, the Mayor freezing the Deputy Director position as non -essential, positions that have been unfrozen once they were reevaluated and funded, whether reorganizations can only occur as part of the budget process and whether they require Council approval, prior Council approval (via a budget amendment) to unfreeze and fund the community engagement/crime prevention position, moving quickly to fill the vacant Deputy Director position, reorganization of the Human Services Department earlier this year, and a suggestion to unfreeze and fund the Deputy Director position and place that on the Consent agenda and refer the reorganization to full Council. Staff was asked to research whether reorganizations can only occur as part of the budget process, and the reorganization that occurred earlier this year. Action: Full Council 5/18/21 3. ADJOURN The meeting was adjourned at 5:25 p.m. Packet Pg. 449 FINANCE COMMITTEE MEETING May 11, 2021 Elected Officials Participating Virtually Councilmember Vivian Olson Councilmember Diane Buckshnis CALL TO ORDER Staff Participating Virtually Dave Turley, Finance Director Phil Williams, Public Works Director Scott Passey, City Clerk The Edmonds City Council virtual online Finance Committee meeting was called to order at 6:02 p.m. by Councilmember Buckshnis. Bond Refinancing was added as Item 2.3. 2. COMMITTEE BUSINESS March Financial Report Mr. Turley highlighted: • What's happening in the Finance Department? o American Rescue Plan Act (ARPA) Funds to be released soon, likely in the next 3-4 weeks we should get the first half of $9.3M in stimulus funding coming our way. o Budget retreat last Saturday — lots of good comments, some good suggestions made on how we can improve the calendar and overall scheduling. o We are discussing the possible refunding of Sewer Revenue bonds this year. More about this later on the agenda. o The annual SAO audit official began last week. o Two job description updates — Systems Support Technician and Deputy Administrative Services Director — discussed earlier tonight in PSPP Committee. o First three months have gone according to budget, nothing negative to report. • REET & Sales and Use Tax Fund Cumulative Budget Forecast YTD Actual Variance REET 1 & 2 $525,343 $1,222,093 132.53% Sales and Use Tax $2,110,825 $2,350,650 11.63% Questions and discussion followed regarding the use of ARPA funds, potential projects such as upgrading the City's Wi-Fi, timeframe to spend ARPA funds (two years), upgrading job descriptions in Administrative Services, moving the Clerk's Office to Administrative Services, the General Fund Reserve, and REET exceeding budget. Action: Presentation to full Council 2. 2020 Transportation Benefit District Report Mr. Williams reviewed: Edmonds City Council formed TBD on November 18, 2008 TBD Board enacts $20/year fee with Ordinance No. 1 on February 17, 2009 limiting the use of funds collected to maintenance and preservation of streets and related traffic controls assets Funds collected N r 0 U U- c as E U 2 a Packet Pg. 450 05/11/21 Finance Committee Minutes, 11.1.c e2 0 2012 $640,994 0 2013 $670,435 0 2014 $623,111 0 2015 $687,421 0 2016 $701,467 0 2017 $692,589 0 2018 $716,013 + $43,181 in qualifying expenditures = $759,194 0 2019 $689,668 + $26,345 in qualifying expenditures = $176,013 0 2020 $719,684 - $133,604 in qualifying expenditures = $586,080 Schedule of Revenues. Expenditures and Chanaes in Fund Balance 1/1/19-12/31/19 Revenues $20 Vehicle Registration Fee $719,684 Total Revenues Expenditures 719,684 Road Maintenance includes repairs, patching, crack sealing) Labor & Benefits 134,935 Supplies 26,463 Traffic Control Labor & Benefits 195,617 Supplies 114,670 Vehicle Charges 114,396 Excess Transferred to Street Fund 133,604 Total Expenditures $179,684 Net Charge in Fund Balance -- Fund Balance - Beginning -- Fund Balance - Ending -- 2021 Paving Program o Revenue & Expense Revenue Fund 112-Street $100,000 Fund 125-REET 2 400,000 Fund 126-REET 1 300,000 Fund 112-Street 16,269 Fund 125-REET 2 15,166 Fund 126-REET 1 9,875 Total Pave Budget $841,311 Expense Employee time $80,000.00 Construct 450,454.00 Construct Contingency 45,045.40 CM 67,568.10 8811 Share 66,637.50 Phase 2 Construct 145,745.00 Phase 2 Councilmember 21,861.75 Phase 2 Contingency 14,574.50 2021 Design TOTAL $891,866.25 o Should be paving 1.5 - 2M/year to maintain. At this level, not maintaining. ■ Could use new, dedicated revenue source • Map of 2021 Overlay Program • 1-976 Status o November 2019 - Initiative 976 passed by the voters of Washington State o An injunction, upheld by the State Supreme Court, kept the initiative from taking effect o Local licensing fee collections remained - Edmonds continued receiving and expending these revenues o October 2020 - 1-976 ruled unconstitutional by the Washington State Supreme Court Mr. Williams responded to questions regarding how streets to be paved are determined and the need to dedicate more funding to street paving. N a� aD r E E 0 U c 0 U N r LO 0 U a_ c a� E 0 Q Packet Pg. 451 11.1.c 05/11/21 Finance Committee Minutes, Page 3 Action: Presentation to full Council 3. Bond Refinancing The following were also present for this item: • Marc Greenough, Foster Garvey law firm (bond counsel) • Scott Bauer, NW Municipal Advisors (bond advisor) • Ryan Neumeister, NW Municipal Advisors Mr. Williams relayed staff and the above discussed refunding 2011 Water Revenue Bonds; the savings that likely can be achieved are impressive if bonds can be issued in August. There has also been some discussion about borrowing for capital projects and whether those could be combined. Mr. Bauer displayed a graph of outstanding Water and Sewer Revenue Bonds. The 2011 bonds have about $8.7M outstanding currently, $8M of which is callable beginning 12/1/21. Additional debt may be planned this year; bond counsel has indicated the refunding and additional capital debt can be combined into a single general obligation issue. The City has a AAA general obligation rating and the Water and Sewer Bonds are rated AA. He reviewed estimated savings of refinancing the 2011 bonds with either Water and Sewer Revenue Bonds or Limited Tax General Obligation Bonds. Based on current estimated interest rates, savings improve by $173,000 when issued as a General Obligation versus a Water and Sewer Revenue Bond. Savings amounts and differential will change when bonds are issued. Discussion followed regarding combining a utility revenue bond and a General Fund bond versus two E separate bond issues, how payments are made if the two are combined, PFD bond refinancing (totally U separate from this refunding), tax implications of borrowing over or under $10M, adding bonding for U capital projects, interest rates, timeline for the refunding the bonds, how the refinancing would be ; structured, timeframe for determining additional capital projects, call date for the 2011 water sewer bonds, holding a special Finance Committee meeting to discuss bond refinancing, and the timeframe for purchasing tax exempt bonds. N r Action: Schedule special Finance Committee meeting U- 3. ADJOURN E z The meeting was adjourned at 6:54 p.m. a Packet Pg. 452