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2021-07-20 City Council - Full Agenda-2919
1. 2. 3. 4. 5. 6. O� LDIVO �o Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 JULY 20, 2021, 7:00 PM CITY COUNCIL MEETINGS ARE HELD IN -PERSON IN THE COUNCIL CHAMBERS AND AVAILABLE VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO JOIN, COMMENT, VIEW, OR LISTEN TO THE EDMONDS CITY COUNCIL MEETING REMOTELY, 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 REMOTELY 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 APPROVAL OF THE AGENDA AUDIENCE COMMENTS APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes of July 13, 2021 2. Approval of claim checks and wire payment. 3. Approve 128-SF Dedication at Northwest Corner of 4th Ave N & Daley St 4. Oktoberfest Event Contract 5. May 2021 Monthly Financial Report Edmonds City Council Agenda July 20, 2021 Page 1 6. Jerrie Bevington 3 month Employment Agreement 7. NEW BUSINESS 1. Presentation of Stormwater Management Code (ECDC 18.30) Update (30 min) 8. UNFINISHED BUSINESS 1. Ordinance Creating the Edmonds Rescue Plan Fund (45 min) 2. 2021 ARPA Budget Amendment Ordinance (5 min) 3. Resolution adopting Council Rules of Procedure (45 min) 9. COUNCIL COMMITTEE REPORTS 1. Council Committee Minutes (0 min) 10. COUNCIL COMMENTS 11. MAYOR'S COMMENTS ADJOURN Edmonds City Council Agenda July 20, 2021 Page 2 6.1 City Council Agenda Item Meeting Date: 07/20/2021 Approval of Council Meeting Minutes of July 13, 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: 07-13-2021 Draft Council Meeting Minutes Packet Pg. 3 6.1.a EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING DRAFT MINUTES July 13, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ELECTED OFFICIALS ABSENT Adrienne Fraley-Monillas, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Angie Feser, Parks, Rec., Cultural Arts & Human Services Director Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst 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 Council President Paine 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 Fraley-Monillas. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXCUSE COUNCILMEMBER FRALEY-MONILLAS. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATIONS 5. APPROVAL OF AGENDA Edmonds City Council Draft Minutes July 13, 2021 Page 1 Packet Pg. 4 6.1.a COUNCIL PRESIDENT PAINE, MOVED, SECONDED BY COUNCILMEMBER L. JOHNSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 3 t1101 WrIN mrsillu Iu I oleo W Mayor Nelson invited participants and described the procedures for audience comments. Neil Tibbott, Edmonds, spoke to moving ahead with construction of the Civic Park project. He explained he was very familiar with the project, having attended almost all the public outreach as well as being on the City Council when the final project was designed and approved. He pointed out in addition to Mathay Ballinger Park, there is also lake access park land as well as the Interurban Trail which is listed among park amenities. The Interurban Trail runs on the west side of Lake Ballinger and connects with the Lake Ballinger park system operated by the City of Mountlake Terrace. That park has over 100 acres of facilities easily accessible to Edmonds residents and is larger than any park operated by the City of Edmonds. It is not unusual for city residents to utilize parks operated by other cities; for example, many Edmonds residents use the Lynnwood pool in the winter and residents from neighboring cities use Yost during the summer. He encouraged the Council to move swiftly to build Civic Field Park downtown; it offers unique and diverse amenities that are attractive to people from every corner of the City. Visitors will be able to enjoy downtown shops and linger at the park, or whole families can visit the park together and find an activity for every age and ability. It is truly a unique park, partially due to its unique location, but mostly because of its thoughtful design. He encouraged the Council to fund Civic Park construction and to do it quickly. Natalie Seitz, Edmonds, commented on the City's intent to regulate the maintenance of trees on private property. The record breaking temperatures a few weeks ago have had a devastating impact on the community environment; climate change is likely to exacerbate extreme heat events and are part of a long term trend toward hotter, drier summers. Tree species, including native species encouraged by the City's existing tree code, are likely to decline and die off in coming years. Seattle's master arborist identifies if soil is dry and roots are four inches below the surface, they should be watered lightly for about an hour every week. She recommended googling KIRO 7's story on local trees still feeling the burn after surviving intense historic heatwave for further information and resources. Speaking from her own experience related to tree limb failure, she saw a connection between drought or dry, hot conditions and trees losing branches during the summer or in the first wind event. Branch fall creates a hazard to both people and property. The result of regulating and prohibiting the removal of trees is the implicit requirement for property owners to retain trees or live with increasing hazards in the coming years, The City will not pay her water bill for the weeks leading up to or the weeks following the last heat wave and won't pay for maintenance in future years as trees begin to struggle and regular inspections, watering, and other maintenance become increasingly critical to manage hazard and liability. Ms. Seitz continued, the Council made these costs and hazards required for a portion of her property with the emergency ordinance. Having undertaken these costs, for some residents for decades for large trees, property owners are unlikely to receive a thank you from their neighbors or the City when it becomes necessary to remove a struggling tree. Instead, they will likely be met by unsolicited comments, misdirection from City arborists and significant permit fees and/or fines. The reality of maintaining trees already holds significant disincentives; the City's regulatory agenda will only further disincentivize property owners from planting and maintaining trees which will kill regeneration of the private urban forest while simultaneously funding publicly maintained trees and events in the Bowl. The City's narrow focus on preserving the private urban forest in its current location misses the reality of climate change, existing trees will struggle and die, as well as the opportunity for trees to be equally prioritized and burdened across all properties in Edmonds. She presented an overview of several strategies that would be effective in promoting an urban forest at the June 23' Planning Board meeting and hoped to discuss them with the Council during future meetings. It is deeply unfortunate the City Council has chosen to only undertake the Edmonds City Council Draft Minutes July 13, 2021 Page 2 Packet Pg. 5 6.1.a last set of revisions outside the Planning Board structure and public participation. She intuited it was undertaken in this manner to prevent public disclosure of legal advice. This process stinks and is a detriment to transparency, public trust and the partnership the City needs to forage with property owners to maintain trees in the landscape. Linda Ferkingstad, Edmonds, commented the meeting is not broadcasting on Channel 21. She provided excerpts from the City's website, a community such as Edmonds is subject to constant growth pressures. As part of the cooperative planning process, Edmonds is a mature community with a small supply of vacant, developable land. Any growth or development should strive to preserve for itself and its neighbors the following values: light including direct sunlight, privacy, public views, open spaces, shorelines and other natural features, freedom from air, water, noise and visual pollution and the state framework goals. Urban growth: encourage development in urban areas, reduce sprawl, reduce the inappropriate conversion of undeveloped land into sprawling low density development. Economic development: Encourage economic development that is consistent with Comprehensive Plans, promote economic opportunity for all citizens of the state. Property rights: private property shall not be taken for public use without just compensation having been made. The property rights of land owners shall be protected from arbitrary and discriminatory actions. Permits: applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability. Natural resource industries: maintain and enhance natural resource based industries including productive timber, agricultural and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands and discourage incompatible uses. Adopt a system of codes, standards and incentives to promote development that achieves Growth Management goals while maintaining Edmonds community character and charm in sustainable ways. Development patterns: the region will focus growth within already urbanized areas. Ms. Ferkingstad said undeveloped Edmonds properties in single family residential zones with trees will now become unsellable or have decreased value due to the tree ordinance, harming property owners. Most of these properties are adjacent or very near the 329 acres of parks owned by the city or county. Development won't impact parks but will supply much needed homes for the community. She questioned when the Council will end the tree ordinance that charges homeowners who want to build homes for 100% the worth of their trees with few exceptions. She questioned whether the Council will determine existing homes scheduled for demolition should be valued at 100% of their value paid to the City before they can be removed to build a new home; it is the same issue. Property owners pay taxes on their properties and own their trees and should be allowed to do what they need to do. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. APPROVAL OF THE CONSENT AGENDA ITEMS Councilmember K. Johnson requested Items 1 and 7 be removed from the Consent Agenda. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JULY 6, 2021 3. APPROVAL OF COUNCIL MEETING MINUTES OF JULY 6, 2021 4. APPROVAL OF CLAIM CHECKS 5. UPDATE TO CITY COMPENSATION POLICY 6. RESOLUTION REJECTING RACIALLY BASED HARASSMENT AND HATE CRIMES Edmonds City Council Draft Minutes July 13, 2021 Page 3 Packet Pg. 6 6.1.a 8. ITEMS REMOVED FROM CONSENT 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JULY 6, 2021 (formerly Consent Agenda Item 7.1) Councilmember K. Johnson said the minutes list her as absent but she was attending by phone. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE COUNCIL SPECIAL MEETING MINUTES OF JULY 6, 2021 AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. ORDINANCE AMENDING CITY COUNCIL MEETING SCHEDULE FOR THE SECOND TUESDAY OF THE MONTH (formerly Consent Agenda Item 7.7) Councilmember K. Johnson said she not able to participate in the discussion and could not vote against the decision so she will vote no on the ordinance. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE ORDINANCE AMENDING CITY COUNCIL MEETING SCHEDULE FOR THE SECOND TUESDAY OF THE MONTH. Councilmember Olson asked why Councilmember K. Johnson was opposed. Councilmember K. Johnson commented the code was not changed when COVID began and now that the Council is coming out of COVID, meetings should remain consistent with the code. Once the Governor allows fully in -person meetings, that means the Council should meet in person and allow the public to attend. She was fine with having a Zoom element, but did not understand how the Council could return to in -person meetings but not have in -person committees meetings. Councilmember Buckshnis agreed with Councilmember K. Johnson, commenting Zoom has changed meetings and provided closed captioning. She recalled the reason it was decided to have committee meetings remain in Zoom was to allow them to be staggered, allow people to see the closed captioning and because committee meetings are not well attended. Although she does not like the Zoom format, she agreed it was advantageous for committee meetings because it allows staggered meetings and for them to be videorecorded. Councilmember Distelhorst pointed out the scheduling conflict with the municipal court. Committee meetings via Zoom allows better access for staff to go between meetings as well as better access for the public and local media to view the meetings and overall is a more visible format for committee meetings rather than holding them at same time. Councilmember K. Johnson said she received feedback that the length of the committee meetings was not sufficient. She asked if sufficient time was allotted for the Finance and Parks & Public Works (PPW) Committees. Councilmember Distelhorst answered PPW was extended from 60 to 120 minutes if necessary and Finance was extended from 60 minutes to 90 minutes; that information is on packet page 58. Councilmember Olson said she was against hybrid meetings for electeds but in favor of it for everyone else. She was talked into it because COVID is a factor for some who have family members in their household who are under age 12 and unable to be vaccinated or who are immunocompromised. The electeds at that meeting expressed that they want to be there and plan to be there, but if electeds do not, there would certainly be cause to readdress that format. She was comfortable with this as a starting point and looked forward to seeing how it plays out. She thanked the Council for the discussion, especially Councilmember K. Johnson who had information to add. Edmonds City Council Draft Minutes July 13, 2021 Page 4 Packet Pg. 7 Councilmember L. Johnson recalled last week she gave examples of why still providing the ability to participate via Zoom would be beneficial and one of those was if a Councilmember gets sick. This week is a good example, she has head cold that is going through her family. The Council likely wouldn't want her around them, she is heavily medicated to get through the meeting, but it wouldn't be fair to be around Councilmembers or anyone else. People will be more cautious in this new world and anyone coughing or sniffling needs to be respectful. Zoom will provide that accommodation and ability among other things and she supported sticking with it. Council President Paine relayed the City was ordered through OPMA to also provide a virtual presence for all meetings. This is an opportunity to customize it until we are out of the health emergency and there are still restrictions from the Governor's emergency proclamation. That information was included in last week's packet. Councilmember Buckshnis commented if 90 minutes is not sufficient for the Finance Committee and special meetings are still required, the timing of committee meetings can be revisited. 9. MOTION CARRIED UNANIMOUSLY. 1. CIVIC CENTER PLAYFIELD PARK CONSTRUCTION CONTRACTS Parks, Recreation, Cultural Arts & Human Services Director Angie Feser requested Council consideration to award the construction bid to A-1 Landscaping and Construction in the amount of $10,135,596 which includes the base bid plus bid alternate #2, rubber track surfacing. In addition two other contracts for construction support require Council approval, 1) an amendment to the existing landscape architecture professional services agreement with Walker Macy in the amount of $91,473 and 2) a new professional services agreement for inspection services provided KBA, Inc. in the amount of $613,251. Ms. Feser explained the proposed improvements of the 8-acre downtown park include youth athletic fields, upgraded sports lighting, permanent restrooms, shade pavilion, improved skate park, petanque court grove, a pollinator meadow, tennis, pickleball and basketball courts, a 1/3-mile perimeter walking path, exercise stations, a fully inclusive playground, picnic areas, public art, landscaping, street improvements and more. Utility improvements include new water and sewer as well as new storm drainage infrastructure for the site that includes facilities that provide stormwater detention and improve water quality. Construction activities will include demolition of the existing improvements, site preparation and grading as well as utility installation, surface paving, landscaping and installation of the various amenities. The July 6t' Council meeting included a detailed presentation regarding the park site history, design elements, funding sources and expenditures. Councilmember Buckshnis commented this project was discussed in detail at the Finance Committee meeting and the committee recommended bonding to fund any shortfall. Further details regarding bonding will be discussed in the future. Councilmember L. Johnson recalled at the Council's last meeting she stated that she followed the Civic Field project from the beginning, first as someone who lives near the park and now as a Councilmember. Her son is looking forward to the new skatepark and several features appeal to her personally. As a Councilmember she was excited for everything the park has to offer to the community, specifically the intergenerational nature of the park, the addition of a inclusive playground, and the Boys & Girls Club which will be the number one user of the park. As a Councilmember, she has also felt conflict as she worked to balance her support for the park with the rising costs as well as her position that there needs to be more Edmonds City Council Draft Minutes July 13, 2021 Page 5 Packet Pg. 8 focus on community amenities such as parks in other areas of Edmonds, specifically the Lake Ballinger neighborhood east of Highway 99. The argument in favor is that the Council should move forward because Civic Field has been in the works for a long time with significant community involvement that determined it will be a great asset for the community and she does not disagree with that. The Council heard the same arguments for the 4t' Avenue Cultural project and is likely to hear it for other long term projects. Councilmember L. Johnson recognized there has always been an inequitable focus and inequitable distribution of City resources; when does that change? When are all citizens and all neighborhoods in Edmonds represented? When she was campaigning, the number one need she heard was to expand focus to include neighborhoods outside the Bowl and that was her intent as a Councilmember, yet, here we are again looking at another project in the Bowl. Where is the equal commitment to providing amenities in other neighborhoods? She recognized that addressing this imbalance will take time, but nothing will change if there is only lip service. For the last decade Councilmember Fraley-Monillas has tried to bring attention to the uneven distribution of resources and focus in her neighborhood, the Lake Ballinger neighborhood east of Highway 99. Using Councilmember Fraley-Monillas' and her own address in the Bowl, Councilmember L. Johnson explained she took inventory of nearby parks and amenities. Within a'/z mile of her house, her children and neighbors enjoy the Pine Street Park; 7t' & Elm Park; the Frances Anderson Center with playfields, community center, library, rooftop promenade; and Westgate Elementary outside school hours. Within 1/2 mile of Councilmember Fraley-Monillas' home, she and her neighbors have Mathay Ballinger Park. Within one mile of her home, she and her neighbors also have access to Yost Park and pool, Civic Field, Sunset Park, Olympic Beach Park, Brackett Landing North and South, Marina Beach Park, Off Leash Park, Hummingbird Park, the Waterfront Center, Sherwood Elementary and Woodway campus after hours and more. Within one mile of Councilmember Fraley-Monillas' home, she and her neighbors have access to the gravel Lake Ballinger access, useful only if one owns small watercraft equipment. She summarized the amenities she and her neighbors enjoy within a one mile walk include three neighborhood parks, two community parks and many regional parks. Councilmember L. Johnson continued, the oldest park, City Park, with its 14 acres of old growth trees was an incredible gift from early civic leaders. Today this centerpiece of the park system was full of people of all ages, making using of the spray park, the vast play equipment offerings, ballfields, climbing rock, 68 picnic tables, 12 benches, 5 covered pavilions, 2 smaller shelters, 7 barbeques, 8 locations for drinking water access, 2 full facility restrooms, 37 trashcans and 130 parking spaces. Pine Street Park, located a block from her home has a ballfeld, drinking fountain, porta-potty, 11 parking spaces, 2 picnic tables and a bench for adults to sit while kids play on the swings and play equipment. Councilmember L. Johnson continued, to those who think she is overplaying her concern about inequity, she said by contrast Councilmember Fraley-Monillas' neighborhood park has two half basketball courts, play equipment, one picnic table, one trash can and four parking spaces. The times she visited, she observed many grandparents bringing children to the park, but there is not even a play for them to sit while the kids play, not to mention the lack of a drinking fountain, porta-potty and only one trash can across the park by the only picnic table. Some have said the residents east of Highway 99 can just walk to the newly upgraded Esperance Park; that park is 1 %2 miles away from Councilmember Fraley-Monillas' and her neighbors and requires crossing Highway 99, a 7-lane highway that long ago was identified as one of the most dangerous of its type and unfortunately a decade was not dedicated to attempting to fund a safe crossing of Highway 99 and there is not yet a HAWK signal like the one on SR 104 between Pt. Edwards and City Park. Not only is Esperance Park not in Edmonds, but it is also 1 %2 miles away and it is a dangerous road. The Ballinger Park in Mountlake Terrace was mentioned earlier tonight; that park is over 2 miles away and also not in Edmonds. Edmonds City Council Draft Minutes July 13, 2021 Page 6 Packet Pg. 9 Councilmember L. Johnson said she was using tonight as an opportunity to shine a light on the huge disparity that exists with how Edmonds allocates its community resources. She acknowledged she could do a protest vote, but not only would she be on the losing end, but a vote like that will also not represent the value the Civic Field project will bring to the community. Instead she will support moving forward with the base project and she hoped that Council, herself included, will start to give more than just lip service to the need to also focus time and resources outside the Bowl and the downtown waterfront area. As soon as possible she hoped benches could be relocated from other parks to near the play equipment at Mathay Ballinger Park as well as adding a few more picnic tables and trash cans and considering a porta-potty. Long term, she recognized the Ballinger regional stormwater facility project includes a park upgrade component, but that project is in the early planning stages. She hoped during budget season, the Council would create a fund specifically earmarked toward community enhancements for the Lake Ballinger neighborhood which will be guided by the upcoming PROS Plan updates. She summarized she will vote yes on Civic Field but she hoped the time has come when the Council will finally do more for the Lake Ballinger community and other lesser or underserved neighborhoods. Mayor Nelson reminded Councilmembers to limit their discussions to the specific item on the agenda rather than other areas of the City. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO PROCEED WITH APPROVAL OF THE AWARD TO A-1 LANDSCAPING AND CONSTRUCTION FOR THE BASE BID AND ALTERNATE #2 FOR THE RUBBERIZED PATHWAY SURFACE FOR THE SUM OF $10,135,596 AND IN ADDITION APPROVE BOTH THE WALKER MACY PROFESSIONAL SERVICES AGREEMENT NO.2 FOR $91,473 AND THE KBA PROFESSIONAL SERVICES AGREEMENT OF $613,251. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis raised a point of order, the media contacted her to advise the meeting is not being videoed. City Clerk Scott Passey explained there is a technical problem broadcasting to the cable channel and streaming on the website. Zoom is available for anyone with a computer, Smartphone or regular phone; the meeting is being recorded on Zoom and that video will be uploaded to the website tomorrow. Staff has been unable to reboot server for the government access channels. Councilmember Olson raised a point of order, requesting a longer pause before votes are taken, especially on newer subjects. Although she had no debate to add to this item, there would not have been time to get the Mayor's attention between when the vote was called and the vote was taken. That happened one other time during today's meeting. Mayor Nelson answered he would do his best. 10. NEW BUSINESS 1. EDMONDS RESCUE PLAN FUND Community Services/Economic Development Director Patrick Doherty reviewed: • American Rescue Plan Act (ARPA) o The ARPA was passed by Congress and signed into law by President Biden on 3/11/21 in response to the continuing health and economic impacts of the COVID-19 pandemic: ■ Over 33 million infected, 605,000 deaths ■ In April 2020, the national unemployment rate was highest in 70 years ■ As of April 2021 there were still 8.2 million fewer jobs than before the pandemic ■ Millions of households have faced food and housing insecurity ■ Businesses weathered closures, sharp declines in revenue, with many shutting down ■ Health care systems have been taxed to unprecedented levels Edmonds City Council Draft Minutes July 13, 2021 Page 7 Packet Pg. 10 6.1.a ■ Pandemic's health and economic impacts have been felt most severely by lower -income households and among people of color and other minority populations o ARPA amends the Social Security Act to provide funds directly to states, territories, tribal governments, metropolitan cities, non -entitlement units of local government (cities of under 50,000 population), and counties, allowing for the funds to be used to: ■ respond to the COVID-19 emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits or aid to impacted industries such as tourism, travel, and hospitality; ■ provide premium pay to essential workers or provide grants to employers of essential workers during the COVID-19 emergency; ■ provide government services to the extent of the reduction in revenue of such state, territory, or tribal government due to the COVID-19 emergency; or ■ make necessary investments in water, sewer, or broadband infrastructure o A Treasury Department 151-page Rule has been issued that provides more detailed guidance on the use of these funds. o ARPA will provide $11,893,099 to the City of Edmonds in two tranches: ■ $5,950,087.50 was received on 6/25/21 ■ The remaining $5,943,011.50 is expected approximately one year later ■ Funds are available for expenditures incurred as of 3/3/21 and through 12/31/24. Expenditures shall be considered "incurred" if they are obligated for projects or programs completed through 12/31/26. Edmonds Rescue Plan Fund o The proposed Ordinance would create the Edmonds Rescue Plan Fund and set out its intended uses. o Sections of the Ordinance: ■ Comprehensive set of "whereas" clauses that refer to the state of emergency and impacts of the COVID-19 pandemic, reference to the ARPA and its requirements and public purposes. ■ Section 1 accepts the $11,893,099. ■ Section 2 renames Fund 142, the Edmonds CARES Fund, to the Edmonds Rescue Plan Fund for receipt of the funds and expenditure of the funds. ■ Section 3 allows for the fund to be administered by the Administrative Services Director ■ Section 4 sets out the six program funds for expenditure of the Edmonds Rescue Plan Fund monies: - Account "A" is the "Edmonds Rescue Plan City Expenditures" account to reimburse City expenditures associated with responding to the COVID-19 health emergency and any resurgences in the future, including staffing, equipment, and supplies related to maintaining a safe workplace for employees and the visiting public, as well as necessary capital investments, such as enhancements to HVAC filter upgrades, etc. • $750,000 - Account `B" is the "Edmonds Rescue Plan Household Support" account into which $4,150,000 from the ARPA funds shall be allocated to reimburse those City expenditures incurred through administration of the following programs, in compliance with the ARPA eligibility criteria: • Household Support: Up to $3,000,000 for Grants to households earning no more than 40% of Edmonds Median Income for housing expenses, food, medical bills, childcare, internet access, and other household expenses. Up to 400 households may receive grants of up to $2,500 in 2021 and 2022. Up to 200 households may receive grants of up to $2,500 in 2023 and 2024. Utility Bill Support. Up to $150,000 for one-time grants to households earning no more than 40% of Edmonds Median Income in amounts up to $1,000 for up to 150 Edmonds City Council Draft Minutes July 13, 2021 Page 8 Packet Pg. 11 6.1.a households to help defray expenses derived from outstanding City of Edmonds utilities bills. • Housing Repair. Up to $1,000,000 for one-time grants to households earning no more than 40% of Edmonds Median Income or housing repair, especially focused on energy -saving measures such as roof repair, window replacement, HVAC repair/replacement, etc. Up to 200 grants at up to $5,000 each. MINOR CORRECTION TO SECTION 40): Account `B" shall be the "Edmonds Rescue Plan Household Support" account into which $4,150,000 from the ARPA funds shall be allocated to reimburse those City expenditures incurred through administration of the following programs, in compliance with the ARPA eligibility criteria: Household Support. Up to $3,000,000 for Grants to households earning no more than 40% of Edmonds Median Income for housing expenses, food, medical bills, childcare, internet access, and other household expenses. Up to 400 households may receive grants of up to $2,500 in 2021 and 2022. Up to 200 households may receive grants of up to $2,500 in 2023 and 2024. Utility Bill Support. Up to $150,000 for one-time grants to households earning no more than 40% of Edmonds Median Income in amounts up to $1,000 for up to 150 households to help defray expenses derived from outstanding City of Edmonds utilities bills. Housing Repair. Up to $1,000,000 for one-time grants to households earning no more than 40% of Edmonds Median Income for housing repair, especially focused on energy -saving measures such as roof repair, window replacement, HVAC repair/replacement, etc. Up to 200 grants at up to $5,000 each. - Account "C" shall be the `Edmonds Rescue Plan Business Support" account into which $1,125,000 from the ARPA funds shall be allocated to reimburse those City expenditures incurred through administration of the following programs, in compliance with the ARPA eligibility criteria: General Business Support. Up to $200,000 in installments of $50,000 per year in 2021, 2022, 2023, and 2024 for general support of Edmonds small businesses, business districts and the overall business community. This includes such programs as the Edmonds Business Booster website and its programs and promotion; promotion of business districts outside Downtown through advertising, wayfinding, signage; business -support or promotional events, etc. Tourism Support. Up to $300,000 in installments of $75,000 per year in 2021, 2022, 2023, and 2024 for support of tourism promotion. This includes enhanced local and regional advertising, support of events and special promotions, investment in facilities and/or equipment, etc. • Small Business Support. Up to $625,000 for direct grants to small businesses most affected by the COVID-19-related economic recession. Grants will take the form of individual financial support grants (in the form of loans that are forgivable after four months of performance), totaling up to 50 at $10,000 each in 2021, with up to 25 grants of up to $5,000 each available in 2022. Eligibility criteria for these grants will include: • Small businesses in Edmonds with zero to 30 employees. ✓ Businesses must demonstrate at least a 50% loss in revenue by the end of 2020 compared to the pre -pandemic 2019 revenues. ✓ Businesses must not have received more than $5,000 in other grants, tax credits or other financial assistance. Edmonds City Council Draft Minutes July 13, 2021 Page 9 Packet Pg. 12 6.1.a ✓ Businesses must be located outside Downtown Edmonds ("Downtown Edmonds" being defined as any location west of 9th Avenue between Caspers Street and Pine Street). ✓ Particular consideration will be given to businesses owned by people of color, women, veterans, and other minorities - Account "D" shall be the "Edmonds Rescue Plan Nonprofit Organization Support" account into which $500,000 from the ARPA funds shall be allocated to assist Edmonds nonprofit organizations that have suffered substantial financial losses due to prolonged closures, cut -backs, loss of business, etc. A general call for requests will be issued, with requests reviewed competitively and awards based on relative need, likelihood to help an organization survive, and other sources of funds available. Small grants of up to $20,000 and totaling no more than $100,000 shall be approvable by the Mayor. Large grants of any amount over $20,000 for a total of up to $400,000 shall be approvable by the City Council. - Account "E" shall be the "Edmonds Rescue Plan Job Retraining Program" account into which $600,000 from the ARPA funds shall be allocated to provide financial aid to working adults who seek skills training, certifications, completion of degrees or other skills enhancement at local community colleges serving Edmonds residents in the form of grants of up to $5000 per year per student to cover tuition, fees, supplies and life expenses during the period of study. Administration of this program will be conducted by the college or colleges selected under the contractual oversight of the City. The Mayor shall be authorized to enter into the corresponding contract(s) with participating colleges serving Edmonds residents. - Account "F" shall be the "Edmonds Rescue Plan City Green Infrastructure" account in which up to $4,768,099 from the ARPA funds shall be allocated to reimburse City capital expenditures through 2026 associated with green infrastructure projects, meeting ARPA guidelines, such as: ✓ Edmonds Marsh Water Quality and Flood Control. Retention and treatment of surface stormwater runoff into the Edmonds Marsh to enhance the water quality of the Marsh, as well as other associated projects. Preliminary projected cost - approximately $750,000. ✓ Lower Perrinville Creek Realignment. Retention and treatment of surface stormwater runoff in the Perrinville Creek drainage basin, intended to reduce stormwater surge flows and enhance the quality of stormwater reaching Puget Sound. Preliminary projected cost - $3,500,000. ✓ Green Streets and Rain Gardens. Enhance existing streets throughout Edmonds by adding features that retain and/or treat stormwater runoff to reduce stormwater surges and contaminants that reach Puget Sound. Similarly, rain gardens in association with streets, parks and other public facilities may be established for these same purposes. Preliminary projected cost - $1,000,000. - All infrastructure projects and their associated budgets shall be presented to City Council for review and approval. ■ Section 5 sets out the timeframe for use of the ARPA funds - from 3/31/21 till 12/31/26, with explanation of "incurred" and "obligated" expenses. ■ Section 6 requires any organization assisting the City in providing emergency aid to provide a quarterly written report, as well as requiring that the Administration provide quarterly reports to the City Council. ■ Section 7 is the "Severability" clause ■ Section 8 provides the effective date of the Ordinance as FIVE days after passage and publication. Next Steps Edmonds City Council Draft Minutes July 13, 2021 Page 10 Packet Pg. 13 o Provide Council direction this evening o Return on 7/20/21 for approval Councilmember Distelhorst recalled the income eligibility in last year's CARES funding was up to 60% of AMI and that was about 4,000 households. He asked if the number of households up to 40% of area median income (AMI) had been estimated and whether it was Edmonds median income or AML Mr. Doherty answered Edmonds median income can be calculated via various sources; that calculation was also done last year and provided to the partner organizations. There are approximately 2,460 households in the 40% or less category. He referred to a memorandum sent to Council that recapped the work done last year on the CARES Fund; three agencies were engaged to administer household grants: Homage offered grants to households with an average AMI of 24%, Washington Kids in Transition offered grants to households with an average AMI in the 30-40% and Wellspring offered grants to households with the following breakdown of AMI: 50% to under 30% AMI, 20% to 30-40% AMI, 15% to 40-50% AMI. The lion's share of those helped were in the 20%, 30% and low 40% which is why 40% was chosen. There is enough demand from 40% and under so it may be misleading to say the City would be helping people with AMI up to 60% when that level is not reached. Councilmember Distelhorst referred to requests from the Edmonds Waterfront Center and the Edmonds Public Facilities District, assuming they would be eligible under Account D. Mr. Doherty answered yes, explaining there will be a call for requests. The City has had agencies indicate interest, but if the Council approves this proposal, there would be a call for requests from all nonprofits in the City who qualify so they can be competitively reviewed together. Councilmember Distelhorst asked if Account E, job retraining program, had an income eligibility component. Mr. Doherty answered he has draft concept proposals from Edmonds College and Shoreline Community College indicating interest and the types of programs they would focus on to assist Edmonds residents. They did not specifically mention income as a percentage; their normal way of providing financial aid takes a lot of things into consideration. For example, someone making 80% of median income that is a household of 5 with greater expenses and a working adult to get certifications to become a higher wage earning versus a single person seeking that same education, the percentage of median income may be lower. Councilmember Buckshnis expressed concern with the Council making a recommendation tonight since the meeting is just now being broadcast on TV and there are lot of concerns regarding how this is being handled. She suggested having a more thorough discussion next week when the meeting is broadcast on TV. She requested Mr. Doherty provide the Council his PowerPoint presentation as some changes had been made to the ordinance. Councilmember Buckshnis asked how the amounts were determined for the different accounts, noting she had not had a chance to read the 150 page document. Mr. Doherty commented she would not find any guidance regarding the amounts in the 151 pages. The ARPA states several times that cities will be given great discretion in the administration of the ARPA money, meeting the general overall guidelines. With regard to how much to give to households versus businesses versus infrastructure, etc., cities are given a great deal of latitude as long as it is documented that it addresses need. Staff looked at what was done last year and fashioned similar programs and new programs where needed. For example in the household grants, it was recognized that $1000 or $1500 was welcome help but was not enough money for a family making 25% of AMI to make a huge a difference. He recognized $2500 would not be life changing but it was a higher amount that would provide more help. As the program is rolled out over four years, hopefully people will get their feet under them as the economy recovers. The intent was to increase the amount to $2500 and lower the income level to address those in most need and to have a population small enough to spread the money around. Edmonds City Council Draft Minutes July 13, 2021 Page 11 Packet Pg. 14 6.1.a Mr. Doherty explained last year the City served just under 400 households which is where the 400 households number came from. Last year's program was pretty robust with three agencies working on the City's behalf and even so, only 400 households were served. The need is still there, possibly tempered somewhat as the economy starts to recover, so the intent was to serve 400 households. Some of the other numbers such as the three business programs and the tourism support, consideration was given to what would make a difference but not taking too much away from the overall program. For example, the general support, $50,000/year, tourism support $75,000/year; there is no science behind those numbers but they are large enough amounts to make a difference. With regard to grants, Mr. Doherty explained last year the grants were up to $10,000 but most grants were $8,000. In looking at the number of grants given out last year and slightly tighter criteria this year, the proposal for 50 at $10,000 each in 2021 and up to 25 of up to $5,000 each in 2002 was probably in the right ballpark. More grants were provided last year, but they were smaller and it was in the middle of the pandemic when some businesses weren't open. The tighter criteria such as not having received more than $5,000 in other grants will eliminate a lot of businesses as several received a lot of business support; there is also some incredible tax support this year for businesses that can take advantage of tax credits. He reiterated there was no science but feeling out the conditions to determine what seems like an amount that would make a difference to businesses. With regard to non-profit organization support, the amount of $500,000 was selected because it seemed like an amount that could make a difference. With regard to the job retraining program, Mr. Doherty explained he talked with the Edmonds College Foundation said they tend to give $5,000 or $10,000 which helped him craft that program. Councilmember Buckshnis said she would like to change some of the dollar amounts, for example some of the green infrastructure are pet projects that could be funded via other programs. There is plenty of money available for rain gardens and for the marsh. She personally would like to see the money allocated to businesses or individuals where it could make a difference. She asked if the amounts were set in stone or could Council change the amounts next week after they had more time to study and vet the proposal. Mr. Doherty answered the Council has to approve this ordinance. Councilmember Buckshnis relayed her understanding that some research was done, but it wasn't rocket science. Mr. Doherty explained with regard to green infrastructure, the ARPA focuses on water, stormwater and broadband. The City does not really have a broadband infrastructure problem other than some people may not be able to afford access which is why the household grants expressly include access to internet, but in other areas of the country there may be rural areas that do not have access. Like many cities, Edmonds has water and stormwater issues, primarily stormwater as bodies of water are receiving dirty water. These high level description of projects are informed by early budget estimates, $750,000 for marsh water quality, $3.5M for Perrinville and $1M for rain gardens, and like all infrastructure projects, are subject to Council approval. Councilmember Buckshnis assumed those projects were in the CIP/CFP. She observed 42% of the money is allocated to green infrastructure which she felt was too much, especially when there are grants available for green infrastructure. Councilmember K. Johnson referred to Section 4.C, Small Business Support, paragraph d states businesses must be located outside downtown Edmonds. She was surprised by this, recalling with the previous business support grants, 73 were outside the Bowl, 76 were inside the Bowl for total of 149 grants. She asked if that was an error or was the proposal to only help businesses outside downtown. Mr. Doherty answered it was not an error, that was the proposal. The downtown business community is the most well organized and the most informed. Downtown organizations routinely share information with existing email lists, data bases and memberships such as DEMA and Ed! efficiently and effectively. Any time there is a new grant or tax opportunity, there are email blasts to the downtown business community. His impression was a higher percentage of businesses downtown were provided valuable information to help them recover compared with businesses elsewhere in the City. With a lower number of grants available than last year, it made the Edmonds City Council Draft Minutes July 13, 2021 Page 12 Packet Pg. 15 6.1.a most sense in compliance with the ARPA guidance to focus on the most distressed communities, areas of town that are less organized (outside downtown), do not have a merchants group, Chamber or BID to provide information, and where there may be cultural and linguistic barriers. He summarized that was a purposeful criterion. Councilmember K. Johnson asked if a business would not be eligible if they previously received a $5,000 grant. Mr. Doherty agreed that was that is criterion c. Councilmember K. Johnson commented it was possible a business located in downtown Edmonds needed a grant. She suggested stating that consideration will be given to businesses located outside downtown; she did not want to absolutely exclude a downtown businesses in case they did not get the information or did not previously qualify for a grant. Mr. Doherty relayed the ARPA guidance is to focus on the most distressed communities which is the reason for this criterion. He agreed there may be downtown businesses that did not receive a grant, but with the organizations downtown, they had a higher chance of access. Councilmember K. Johnson recalled the presentation stated there were four areas of the enabling legislation; she referred to the area that states, provide premium pay grade to essential workers or provide grants to employers or essential workers during the COVID-19 emergency and asked for a response to that direction. Mr. Doherty said it was not proposed that City employees again be offered premium pay; it was important during the immediate response to the pandemic when most employees were at home that the few people who had to come into the office were offered that. The proposal does not include employers in the City such as grocery stores or medical providing additional premium pay. There have been wage increases for some of those employees. Councilmember K. Johnson supported allocating funds to lower Perrinville Creek as it is very needed and there are no other funding sources for that project. Councilmember Olson proposed for Council consideration adding to the exemption of downtown businesses, "except those who have not benefitted from the streatery ordinance or takeout parking." The retailers in that zone potentially could show need in the other categories and she was concerned about losing retail in the downtown core as a result of COVID and the actions that have been taken to remedy or help other businesses out of COVID. She said the impression of privilege for that area, thrown as a blanket on all business categories, does not address some of the exceptions. She knew of a couple restaurants who have a state highway going by their business instead of a City street which allowed streateries and takeout parking. Even though they are outside the most disadvantaged category and located in the downtown core, they did not receive the advantages that were made available to others businesses downtown. Mr. Doherty said Councilmember Olson raised good points, but with the amount of money available and a smaller number of grants, the proposal was to focus on distressed communities as stated in the policy guidance in the ARPA. Councilmember Olson referred to Account D regarding nonprofits, expressing her appreciation for the wording about looking at other available funding sources. Highly used and extremely beneficial and needed things like the food bank would be at the top of list, but if they have been well supported by the community and others haven't, she was definitely interested in considering that component. She asked whether the PFD would be considered nonprofit based on the legislation, recalling they get into difficulty sometimes because they are a hybrid entity with a governmental component. Mr. Doherty answered the intent is to be broad with that term; there is nothing in the ARPA guidelines that defines nonprofit. Councilmember Olson commented another nonprofit entity that the Council could consider including would be the Chamber of Commerce. Mr. Doherty answered the Chamber is for sure a non-profit. Councilmember Olson referred to Account E, funding for college, and asked whether trades or coding certificates needed to be expressly stated in addition to degree programs. Those have a lot of value and Edmonds City Council Draft Minutes July 13, 2021 Page 13 Packet Pg. 16 6.1.a often people interested in retraining will benefit from that. Mr. Doherty answered the language in the ordinance is intended to provide for that, skills training, certifications, completion of degrees. He clarified the intent was not to fund someone starting a 4-year degree program; many working adults get a job in the middle of their university career and abandon school and then during the pandemic lost their job, hours or earning potential and want to finish their degree. The skills training would be manufacturing such as aerospace resource training offered in Snohomish County, automotive training that Shoreline offers, etc. Additionally, someone may have most of degree, and they may want to complete it to enhance their employability. The way that section is written allows for all the possibilities. The initial discussions he had with Edmonds and Shoreline indicated they are particularly interested in skills -related, shorter term programs. Councilmember Olson referred to the complex financial aid formula that schools use and suggested something tangible be included in the ordinance regarding how those funds as dispersed to avoid inadvertently awarding funds to someone who is not earning a great deal but, for example, has a lot of money in the bank. It is important that government not give money in that type of situation because when it happens, it is embarrassing and disrespectful to taxpayers. Mr. Doherty said the colleges do the actual triage, but language could be added to the ordinance, "provide financial aid to working adults with demonstrated financial need who are seeking..." Council President Paine commented this is very comprehensive and interesting. She thanked Councilmember Distelhorst for talking about grants available to families with 40% Edmonds median income. She asked what the Edmonds median income is. Mr. Doherty answered it is mid-$30,000. Council President Paine referred to workforce development and retraining programs and asked whether Edmonds and Shoreline have green development programs like building solar panels, rain gardens and green development, programs aimed at the future. She was aware Edmonds College has a horticultural center which would be helpful in green development. She relayed the University of Alberta closed their school for oil and gas engineering due to changing demand. She wanted to ensure the schools provide programs for future facing green infrastructure. Mr. Doherty responded in the early information the colleges provided illustrating their interest, Shoreline mentioned their biomanufacturing program and their automotive program which has partnerships with Tesla, Toyota, Honda and General Motors for the new generations of cars. For example, students obtaining a Tesla certificate are guaranteed a job with Tesla. Edmonds College was interested in focusing on aerospace training and research center in Snohomish County and their advance manufacturing skill center, jobs with the highest earning potential. Council President Paine commented apprenticeships are funded by the labor councils which is another great resource but does not need to be supported by ARPA funds. Council President Paine referred to green infrastructure, funds for lower Perrinville Creek realignment, Edmonds Marsh water quality and flood control, expressing her appreciation for allocating funds across two tranches. She asked about the vision for green streets and rain gardens, commenting on uncontrolled water running down longer downhill streets during extreme rainstorms. Mr. Williams commented that is an area where grant money is occasionally available, the City usually gets about $250,000 year from the State for Complete Streets which can include some elements of green infrastructure. Not a lot of street projects fully incorporate good stormwater management practices such as infiltrating rain gardens on public or private property. The amount included was a plug number to get started; a good target area would be the Perrinville Basin. There are identified projects in the CIP for the Perrinville Basin that could be pursued for greener stormwater management which would reduce some of the flashy flows and assist with the solution in lower Perrinville Creek. He summarized that is an area that hasn't been addressed before and would definitely qualify for ARPA funds. Council President Paine said she has seen tremendous results with modified road edges that allow flows into rain gardens. She referred to a location above Carkeek park where a scientist for the park system said Edmonds City Council Draft Minutes July 13, 2021 Page 14 Packet Pg. 17 those reduced barriers improved the water quality in the salmon bearing stream. She would like to see that happen in Edmonds in areas where it makes sense. She appreciated the thoughtfulness put into this package, and was most excited about including continuing education and funding for green infrastructure. Councilmember Buckshnis reiterated her full support for $3.5M for Perrinville Creek restoration. However, she believed citizens, business and families needed the extra $1.75M that was allocated to green infrastructure and recommended it be divert into other programs. She pointed out Anthony's is closing because they do not have enough staff; businesses and families are suffering. She preferred to concentrate on one mega project, Perrinville Creek and urged the Council to distribute the other $1.75M into other important and needed programs. Snohomish County Futures Conservation District does a lot of rain gardens and has done some in the Seaview area. She preferred to concentrate funding on human aspects. Mr. Doherty recognized there are definitely significant places in the City where untreated water and surges enter Puget Sound, obviously Perrinville Creek, but also untreated and unretained water enters Edmonds Marsh. In addition to other things, ARPA encourages focus on infrastructure; the intent of the green infrastructure proposal is to make inroads into improving water quality and storm surges into Puget Sound. Mr. Doherty pointed out the ARPA is a nearly six year project, the funds have to be encumbered by 2024, but there is a long timeframe to spend the funds. There will be opportunity to revisit these early decisions as needs arise. The Administration's position is to start out as proposed, focusing substantially on infrastructure but recognize that needs may change. To those who have asked why there aren't household grants over the four years; he explained it is unknown what will happen with the continuing COVID pandemic, the Delta variant, the effectiveness of vaccines, etc. It is hoped there will not be a surge in cases requiring lockdowns, etc., but that cannot be counted on. He recognized it will be necessary to take stock every year and possibly tweak the numbers. The programs need to get started; for example, the job retraining, the colleges need to be informed so they can advertise the availability of financial aid starting in September. Councilmember K. Johnson recalled last year's housing and supplementary relief programs the City partnered on with Homage, Washington Kids in Transition and Wellspring and asked how the various grant programs using ARPA funds would be administered. Mr. Doherty answered similar to the nonprofits, a request for proposals will be issued for agencies to provide assistance. The same agencies may respond and/or there may be other agencies interested this year. He envisioned there would be 2-3 agencies assisting with the distribution of funds. Each of the organizations that assisted the City last year had an area of expertise and/or a population they serve more efficiently. For example, Homage focused on households with seniors, Washington Kids in Transition focused on school -age children, and Wellspring covered more generally but were the larger organization for the whole program, set up the website and web portal, etc. Similar to last year, organizations will be selected that are complimentary to each other and whose services do not overlap. Councilmember K. Johnson commented Homage specializes in home repairs for seniors so that may be a good resource for the home repair program. Mr. Doherty commented the Council has given direction tonight. He will return with changes to the ordinance such as demonstrated financial need for students, changes to the ordinance that were outlined in the presentation, and answers to questions. He suggested continuing the discussion next week and possibly approving the ordinance. Councilmember Buckshnis asked if the ordinance could be staggered such as was done with the tree code to approve some of the dollar amounts that need to be done right away and then give the Council and public a week or so to approve the others. City Attorney Jeff Taraday answered he did not see any reason why not. The Council could also approve the ordinance in its entirety and amend it later if necessary. He said just because the Council approves these allocations, that does not mean the money is spent and amendment cannot be made in the future if the Council perceives that needs have shifted. Councilmember Buckshnis Edmonds City Council Draft Minutes July 13, 2021 Page 15 Packet Pg. 18 6.1.a said that has been done in past and she was not in favor of how it transpired. She has received a number of emails and texts that no one heard Mr. Doherty's presentation so she hoped he would repeat it at the next Council meeting. Mr. Doherty offered to provide an abridged presentation next week. With regard to staggering the ordinance, Mr. Doherty said because there are six programs with components of each, it would be difficult to approve portions because each one affects the total. He recommended the approximately ten moving parts of the program be viewed together. Councilmember Buckshnis reiterated her concerned with allocating 42% for green infrastructure. She recognized the marsh has had poor water quality for years, but she preferred to concentrate on people. 11. COUNCIL COMMENTS Councilmember Buckshnis reported she is on vacation. She encouraged the public to continue wearing masks and to enjoy the nice weather and said hooray for weddings. Councilmember Distelhorst thanked Mayor Nelson and all the participants at last night's Anti -Hate Town Hall including Student Representative Roberts and Mr. Doherty. It was uplifting to see residents coming out to support anti -racism work in the City. He noted COVID cases are on the rise and urged people to get vaccinated, wear masks in public spaces especially indoors and to take care of each other to avoid going down that road again. Councilmember K. Johnson wished everyone a good evening, noting the weather has been beautiful whether you are on vacation or not. Councilmember Olson said she was also on vacation out of town and was sorry to have missed the Anti - Hate Town Hall. She encouraged the public to enjoy the beautiful summer safely, commenting they have earned fun and recreation. For those who are in town, she invited them to attend the Primary Election Candidate Debate at the Edmonds Center for the Arts on Wednesday, July 14t' from 5:30 to 7:30 p.m. It will also be live streamed on YouTube, the link will be available on My Edmonds News. She thanked My Edmonds News and sponsors Edmonds College, Office Tech, and James Russell CPA for funding this opportunity to become better informed voters. The primary election is a two weeks away on August 3ra Council President Paine gave kudos to the City for the Uptown Market which was a lot of fun with great music and she purchased flowers for a party and snacks. She pointed out the PROS Plan survey is available now and it is important to get everyone's input. The PROS Plan will be used to shape the City's future and prioritize projects for the next 5-10 years. She thanked the City and Director Feser for getting the PROS out to the public for input. She thanked the Council and City staff for their hard work on Civic Field and was glad the contracts had been approved. The financial details will need to be worked out at a future meeting. Council President Paine agreed with Councilmember L. Johnson's comments about having better access to parks across all of Edmonds, pointing out there are no schools in the Lake Ballinger neighborhood for kids to play so they really have park deficits. There are many areas of Edmonds with park deficits and the City needs to do better for the community, residents and visitors to ensure everyone is served. Lake Ballinger is a lovely little lake and deserves a little more attention. She hoped the City would have the support of all its community partners and make all the fun that is available in the downtown Bowl area available to everyone; for example she would love to have a satellite petanque court on the east side of Edmonds, and the Rotary who has done so much to ensure parks are accessible to people of all abilities and ages. Council President Paine advised Councilmember L. Johnson left the meeting due to her cold. Student Rep Roberts said he enjoyed seeing many people at the Uptown Market last week and at the Anti - Racism Town Hall. Both were critical events that he hoped would continue. He thanked Mayor Nelson and Edmonds City Council Draft Minutes July 13, 2021 Page 16 Packet Pg. 19 6.1.a City staff and the participants. He urged the public to use proper precautions while in public, wear masks when needed, enjoy the marvelous weather, and wear sunscreen. 12. MAYOR'S COMMENTS Mayor Nelson gave a special shoutout to Mr. Doherty for making his idea, the Uptown Market, a reality; the market worked out well and there was a great turnout. Another Uptown Market is scheduled on August 12t1i from 4 to 9 p.m. He hoped to have more vendors and more food as the food ran out. He encouraged the public to be safe and get vaccinated as the rate of COVID cases have increased to 80/100,000. 13. ADJOURN With no further business, the Council meeting was adjourned at 8:47 p.m. Edmonds City Council Draft Minutes July 13, 2021 Page 17 Packet Pg. 20 6.1.a Public Comment for 7/13/21 Council Meeting: From: Ken Reidy Sent: Tuesday, July 13, 2021 7:11 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov> Subject: Public Comments for the July 13, 2021 City Council Meeting Has not City Council already established the official position of the City of Edmonds for Civic Park? Has not City Council established that position to the point that the 2021 Budget included an expenditure budget of $6,030,315 for 2021? The 2021 Approved Budget represents that Construction is BUDGETED to begin in second quarter 2021. Do the actions of Councilmembers Adrienne Fraley Monillas and Laura Johnson casting doubt on this project show a lack of respect for an extremely complex, lengthy and detailed process? On November 3, 2016, Councilmember Adrienne Fraley-Monillas signed a letter that stated: "It is unfortunate that in the current climate of partisan politics that your office had to be part of the lack of respect for this extremely complex, lengthy, and detailed process." The letter was to the Director of the WA State Department of Ecology. I sensed a somewhat similar lack of respect for an extremely complex, lengthy, and detailed process during last week's Council meeting. Last week's agenda included a staff presentation to request Council consideration of approval of the Civic Center Playfield construction contracts at a future City Council meeting. The agenda item was not to discuss how this project would affect the purchase of other properties. Wasn't that considered long ago? When Civic Field was acquired, the related Meeting Minutes included: The acquisition of Civic Field is contained in the Comprehensive Plan, the Parks, Recreation and Open Space (PROS) Plan and in the recently adopted Strategic Plan. It has been present in the PROS Plan for the past 25 years and has been a high priority for the City for a long time. In addition to support in all the planning elements of the City, when the PROS Plan was updated recently, all the public comment and the random sample telephone survey identified the acquisition of Civic Field as a top priority. it had been present in the PROS Plan for 25 years and had been a high priority for the City for a long time. Edmonds City Council Draft Minutes July 13, 2021 Page 18 Packet Pg. 21 6.1.a Councilmember Fraley-Monillas also chose to point out that past votes on this project were not unanimous. Why would that matter? Did any of City Council's votes to move forward with construction of Civic Park require a unanimous vote? Decision Package 82 for the 2021 Approved Budget stated the following Justification for the budgeted funds for Civic Park construction: This is a multi -year design, land acquisition, fund development and construction project that is a very high priority in the PROS plan. With $3.47M in grant funding to support the effort. The Master Plan process was robust with extensive community input. The design is complete, permits are approved and the project is ready to enter the construction phase. From: Gib Mastri Sent: Monday, July 12, 2021 1:53 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Park Use Hello, my name is Gib Mastri. I reside at 620 Glen St, #302, Edmonds. Recently, my fiancee and I sought to obtain the new public wedding circle next to the Waterfront Center for a late September ceremony. To our dismay, we discovered that the Waterfront Center has been allowed to reserve the circle every weekend through September and that the only way for us to reserve it is to rent a room from them, because they will not sublet the circle otherwise. The reason given for not subletting is because "Someone renting a room may want to use the circle". Not, "will", just, "may". In the Center's view it seems, on weekends the wedding circle and their rooms are conjoined spaces, not separate, and one cannot be had without the other. We've inquired, and the Center has not earmarked the circle for use on our desired date and time, yet we still can't reserve it unless we pay hundreds of dollars for a room rental we don't need or want. If we just show up to use this publicly owned park, we run the risk of being evicted from it because the Center holds it hostage. This seems an awfully unfair and inequitable arrangement for the citizens of this community. We are not trying to reserve the circle for an entire day, just an hour or so; and yet, we are unable to do so because the Center will not allow it. We are happy to pay the $75 fee to the Center or the city to reserve the circle; but we are unwilling to pay an additional $800 to the Edmonds City Council Draft Minutes July 13, 2021 Page 19 Packet Pg. 22 6.1.a Center for a room, just to use the circle. We are not opposed to thumbing our noses at the Center and using the circle anyway; but we don't want to have our special moment ruined by a Center staff member running us off because the Center has it reserved, "just in case". I have contacted the Parks and Rec Department about this matter, but they are unable to intervene or help us secure this public park due to the City's agreement with the Waterfront Center. Again, where is the fairness and equity in this arrangement, in which the Center is allowed to prevent the use of a public park, every weekend, on the off chance that someone renting a room may want to use it. I ask the City Council to reconsider and amend the agreement with the Waterfront Center in management of this public space. Please make the wedding circle a park that is accessible to all citizens, for a reasonable fee or otherwise, without the necessity of also having to rent room space from the adjacent Center. From: Darleen Atik Sent: Wednesday, July 7, 2021 3:26 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Civic Field Good afternoon Council Members, I watched last night's discussion regarding Civic Field with interest. I am writing this time to encourage all Council members to vote for funding Civic Field. After four years of considerable public input it's time to put the pedal to metal, move forward, and fund this park! As long as I have lived in Edmonds what I have recall is the city desired to purchase this property from the school district to BECOME a park. Let's get it done. I appreciated Council member Buckshnis' comment regarding finding funding available for the added features with bonds or other options. Council member Olson suggested talking with RE[ regarding some possible funding toward the climbing wall. Why not ask REI? If memory serves me correctly at one time Carrie Hite had suggested putting together a list of items to go in the park such as benches, trees, shrubs, etc., allowing donations from the public for those assigned items. Why not? All of that is thinking outside the box as far as I'm concerned. Regarding the add-ons my preference for including are in this order: 1. rubber track surface 2. water feature 3 tree grates 4. scramble wall Edmonds City Council Draft Minutes July 13, 2021 Page 20 Packet Pg. 23 6.1.a I earnestly encourage all of you to bring the debate to a conclusion by voting yes and award the contract to A-1 Landscaping and Construction. I want to look forward to a ribbon cutting ceremony upon its completion. Respectfully submitted, Darleen Atik Edmonds City Council Draft Minutes July 13, 2021 Page 21 Packet Pg. 24 6.2 City Council Agenda Item Meeting Date: 07/20/2021 Approval of claim checks and wire payment. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #248095 through #248208 dated July 15, 2021 for $1,939,924.87 (re -issued checks #248134 $500.00 & #248176 $32.00) and wire payment of $7,375.02. Staff Recommendation Approval of claim checks and wire payment. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claims 07-15-21 wire 07-15-21 FrequentlyUsedProjN umbers 07-15-21 Packet Pg. 25 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 248095 7/15/2021 076040 911 SUPPLY INC INV-2-10896 INV-2-10896 - EDMONDS PD - INVE EAR MOLD - M 001.000.41.521.22.31.00 EAR MOLD - S 001.000.41.521.22.31.00 10.1 % Sales Tax 001.000.41.521.22.31.00 INV-2-11687 INV-2-11687 - EDMONDS PD - SWA- DISTRACTION DEVICES - SWAT 628.000.41.589.40.31.00 TRAINING FUZES - SWAT 628.000.41.589.40.31.00 10.5% Sales Tax 628.000.41.589.40.31.00 Total 248096 7/15/2021 070322 A&A LANGUAGE SERVICES INC 15-87599 KOREAN XZ0776586 KOREAN XZ0776586 001.000.23.512.50.41.01 Total 248097 7/15/2021 065052 AARD PEST CONTROL 46712 MEADOWDALE CC PEST CONTROI MEADOWDALE CC PEST CONTROI 001.000.64.576.80.41.00 10.4% Sales Tax 001.000.64.576.80.41.00 46723 W WTP: 7/7/21 PEST CONTROL SEF Pest Control Service 423.000.76.535.80.41.00 10.4% Sales Tax 423.000.76.535.80.41.00 Tota I : 248098 7/15/2021 064088 ADT COMMERCIAL 140652302 ALARM MONITORING CITY HALL ALARM MONITORING CITY HALL 122 6.2.a Page: 1 Page: 1 Packet Pg. 26 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 2 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248098 7/15/2021 064088 ADT COMMERCIAL (Continued) 001.000.66.518.30.42.00 129.0( 140652303 FIRE INSPECTION CITY HALL FIRE INSPECTION CITY HALL - 121 f° a 001.000.66.518.30.41.00 84.8E L Total : 213.9' '3 248099 7/15/2021 064286 ADVANCE DOOR SYSTEMS INC 15313 LIBRARY - REPAIR & MAINT ON ADi LIBRARY - REPAIR & MAINT ON ADi 001.000.66.518.30.48.00 800.0( u 10.4% Sales Tax t 001.000.66.518.30.48.00 U 83.2( E Total: 883.2( .ii U 248100 7/15/2021 077469 ALLEN, ROBERT ALLEN EXP CL 06/21 ALLEN EXP CLAIM FOR TRAINING 1 0 PER DIEM LYNCHBURG, VA 6/17-29 1i 001.000.41.521.40.43.00 335.5( o LUGGAGE FEE a 001.000.41.521.40.43.00 40.0( Q SHIPPED EQUIPT FOR TRAINING 001.000.41.521.40.43.00 48.6( Total: 424.1E L0 248101 7/15/2021 065568 ALLWATER INC 070121032 FINANCE DEPT WATER Finance dept water E 001.000.31.514.23.31.00 37.0( .� 10.4% Sales Tax 001.000.31.514.23.31.00 3.8E 070121033 PARKS & RECREATION DEPT WATE m E PARKS & RECREATION DEPT WATE 001.000.64.571.21.31.00 22.5( 10.4% Sales Tax Q 001.000.64.571.21.31.00 2.3z 070121034 WWTP: ACCT: COEWASTE: 7/2/21 Acct COEWaste:- 423.000.76.535.80.31.00 73.5( Page: 2 Packet Pg. 27 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 3 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248101 7/15/2021 065568 ALLWATER INC (Continued) 10.4% Sales Tax 423.000.76.535.80.31.00 7.6z >% Total: 146.W a m 248102 7/15/2021 074488 ALPHA COURIER INC 22252 WWTP: 6/2, 6/7, 6/14, 6/21 & 6/28/2 3 6/2, 6/7, 6/14, 6/21 & 6/28/21 COURII 423.000.76.535.80.41.00 350.9( Total : 350.9( Y U 248103 7/15/2021 001528 AM TEST INC 122076 WWTP: SAMPLE #S 21-A007128-71 a) SAMPLE #S 21-A007128-7132 U 423.000.76.535.80.41.00 355.0( •9 122077 WWTP: SAMPLE #S 21-A007855-78 SAMPLE #S 21-A007855-7859 0 423.000.76.535.80.41.00 355.0( R 122078 WWTP: SAMPLE #S 21-A007479-74 > 0 SAMPLE #S 21-A007479-7485 a 423.000.76.535.80.41.00 435.0( Q 122079 WWTP: SAMPLE #S 21-A00 SAMPLE #21-A00 N 423.000.76.535.80.41.00 110.0( LO Total: 1,255.0( r� 0 248104 7/15/2021 070976 AMERESCO INC CS-7 WWTP: THRU 5/31/21 CONSTRUCT E THRU 5/31/21 CONSTRUCT. SERV-1 423.100.76.594.39.65.10 1,163,775.0( Retainage 423.100.223.400 -58,188.7E E 10.4% Sales Tax 423.100.76.594.39.65.10 121,032.6( PF-7 WWTP: THRU 5/31/21 PROF SERV- Q THRU 5/31/21 FINAL DESIGN SERV 423.100.76.594.39.41.00 263,678.9£ 10.4% Sales Tax 423.100.76.594.39.41.00 27,422.6, Page: 3 Packet Pg. 28 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248104 7/15/2021 070976 070976 AMERESCO INC 248105 7/15/2021 074718 AQUATIC SPECIALTY SERVICES INC 248106 7/15/2021 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds Invoice (Continued) 20799 6560000072293 656000068948 656000071152 6.2.a Page: 4 PO # Description/Account Amoun Total: 1,517,720.4; m PM: SPRAY PARK SUPPLIES E PM: SPRAY PARK SUPPLIES: SENS sa 001.000.64.576.80.31.00 a 808.7E m 10.4% Sales Tax 3 001.000.64.576.80.31.00 84.1- Total: 892.81, WWTP:7/7/21 UNIFORMS,TOWELS 1k Mats/Towels $47.88 + $4.98 = $52.81 t 423.000.76.535.80.41.00 52.8E U 3 lab coats @ $17.each = $0.51 + $0 E 423.000.76.535.80.24.00 2.4z Z PARKS MAINT UNIFORM SERVICE o PARKS MAINT UNIFORM SERVICE R 001.000.64.576.80.24.00 61.1 E o 10.4% Sales Tax a 001.000.64.576.80.24.00 6.3 1 Q PUBLIC WORKS CIVIC LOBBY MATE PUBLIC WORKS CIVIC LOBBY MATE 001.000.65.518.20.41.00 2.3" LO PUBLIC WORKS CIVIC LOBBY MATS 111.000.68.542.90.41.00 8.7, N PUBLIC WORKS CIVIC LOBBY MATE E 421.000.74.534.80.41.00 8.7 1 fd PUBLIC WORKS CIVIC LOBBY MATE U 422.000.72.531.90.41.00 8.71 PUBLIC WORKS CIVIC LOBBY MATE E 423.000.75.535.80.41.00 8.7 1 U PUBLIC WORKS CIVIC LOBBY MATE f° 511.000.77.548.68.41.00 8.7z Q 10.4% Sales Tax 001.000.65.518.20.41.00 0.21 10.4% Sales Tax 111.000.68.542.90.41.00 0.9" Page: 4 Packet Pg. 29 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248106 7/15/2021 069751 ARAMARK UNIFORM SERVICES Voucher List City of Edmonds 6.2.a Page: 5 Invoice PO # Description/Account Amoun (Continued) r 10.4% Sales Tax c 421.000.74.534.80.41.00 0.9- >, 10.4% Sales Tax a 422.000.72.531.90.41.00 0.9" L 10.4% Sales Tax 3 423.000.75.535.80.41.00 0.9" 10.4% Sales Tax sa 511.000.77.548.68.41.00 0.91 Y 656000071154 FLEET DIVISION UNIFORMS & MAT (D FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 9.2� E FLEET DIVISION MATS ii 511.000.77.548.68.41.00 19.1( ,- 10.4% Sales Tax O 511.000.77.548.68.24.00 1.5E > 10.4% Sales Tax o 511.000.77.548.68.41.00 1.4- a 656000072299 PARKS MAINT UNIFORM SERVICE Q PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 62.5,LO 10.4% Sales Tax 001.000.64.576.80.24.00 6.5" o 656000072301 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 29.5E 10.4% Sales Tax 001.000.66.518.30.24.00 3.0 656000074637 PUBLIC WORKS OMC LOBBY MATE t PUBLIC WORKS OMC LOBBY MATS m 001.000.65.518.20.41.00 r 1.6- Q PUBLIC WORKS OMC LOBBY MATE 111.000.68.542.90.41.00 6.1- PUBLIC WORKS OMC LOBBY MATE 421.000.74.534.80.41.00 6.1- Page: 5 Packet Pg. 30 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 6 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248106 7/15/2021 069751 ARAMARK UNIFORM SERVICES (Continued) PUBLIC WORKS OMC LOBBY MATE E, 422.000.72.531.90.41.00 6.1- PUBLIC WORKS OMC LOBBY MATE a 423.000.75.535.80.41.00 6.1 - L PUBLIC WORKS OMC LOBBY MATE 3 511.000.77.548.68.41.00 6.0£ c 10.4% Sales Tax sa 001.000.65.518.20.41.00 0.1, Y 10.4% Sales Tax 111.000.68.542.90.41.00 0.6z U 10.4% Sales Tax E 421.000.74.534.80.41.00 0.6z R 10.4% Sales Tax ,- 422.000.72.531.90.41.00 0.6z 10.4% Sales Tax > 423.000.75.535.80.41.00 0.6z 10.4% Sales Tax a 511.000.77.548.68.41.00 0.6" Q Total : N 342.2'LO 248107 7/15/2021 064452 ARMSTRONG SERVICES 4866 WWTP: 6/2021 JANITORIAL & COVI 6/2021 JANITORIAL SERVICE c 423.000.76.535.80.41.00 880.0( N Total: 880.0( •� 248108 7/15/2021 072002 ASPHALT ZIPPER INC INV/2021/0637/55 UNIT 76 - PARTS UNIT 76 - PARTS 511.000.77.548.68.31.10 547.5( E Freight U 511.000.77.548.68.31.10 m 33.6 , 10.4% Sales Tax Q 511.000.77.548.68.31.10 60.4z Total: 641.61 248109 7/15/2021 001795 AUTOGRAPHICS 83747 UNIT 310 - REPLACE COMPLETE D Page: 6 Packet Pg. 31 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 7 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248109 7/15/2021 001795 AUTOGRAPHICS (Continued) UNIT 310 - REPLACE COMPLETE D 511.000.77.548.68.48.00 622.0( 10.4% Sales Tax 511.000.77.548.68.48.00 64.6� Tota I : 686.61 248110 7/15/2021 001801 AUTOMATIC WILBERT VAULT CO 72482 ROUGH BOX - ERICKSON ROUGH BOX - ERICKSON 130.000.64.536.20.34.00 627.0( 72767 ROUGH BOX - HAGLUND ROUGH BOX - HAGLUND 130.000.64.536.20.34.00 627.0( Total: 1,254.0( 248111 7/15/2021 075217 BASLER, ANTHONY 63007 SPANISH 1A0436608 SPANISH lA0436608 001.000.23.512.50.41.01 100.0( Total : 100.0( 248112 7/15/2021 073834 BATTERIES PLUS P41401049 WWTP: PO 615 AAA, AA & 1.5 BATT PO 615 AAA, AA & 1.5 BATTERIES - 423.000.76.535.80.31.00 43.5E 10.5% Sales Tax 423.000.76.535.80.31.00 4.5E Total : 48.1( 248113 7/15/2021 073041 BECK & ASSOCIATES PLLC 2021-EDM-06 PROFESSIONAL SVCS-BUILDING Plan review (BLD2021-0088 Antholoc 001.000.62.524.20.41.00 38,342.0E Total : 38,342.01 248114 7/15/2021 078405 BERGEVIN, JAKE UEM 7/8/2021 UPTOWN EVENING MARKET PERF UPTOWN EVENING MARKET PERF 001.000.61.558.70.41.00 500.0( Tota I : 500.0( Page: 7 Packet Pg. 32 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 248115 7/15/2021 069226 BHC CONSULTANTS LLC 0014151 WWTP: 5/22-6/25/21 PROF SERVI( 5/22-6/25/21 PROF SERVICES 423.000.76.535.80.41.00 Tota I : 248116 7/15/2021 028050 BILL PIERRE FORD INC 790908 UNIT 947 - PARTS UNIT 947 - PARTS 511.000.77.548.68.31.10 10.25% Sales Tax 511.000.77.548.68.31.10 Total 248117 7/15/2021 073760 BLUELINE GROUP LLC 21438 EOJA SERVICES THRU 6/26/2021 EOJA SERVICES THRU 6/26/2021 421.000.74.594.34.41.00 21441 E21JA SERVICES THRU 6/26/2021 E21JA SERVICES THRU 6/26/2021 421.000.74.594.34.41.00 Total 248118 7/15/2021 069454 BOSS CONSTRUCTION INC E4FE Pmt no. 11 E4FE PMT NO. 11 THRU 6/30/2021 E4FE PMT NO. 11 THRU 6/30/2021 422.000.72.594.31.65.20 E4FE PMT 11 RETAINAGE 422.000.223.400 Total 248119 7/15/2021 002840 BRIM TRACTOR CO INC IM16324 UNIT 8 - PARTS/ SWITCH UNIT 8 - PARTS/ SWITCH 511.000.77.548.68.31.10 Freight 511.000.77.548.68.31.10 10.4% Sales Tax 511.000.77.548.68.31.10 Total 6.2.a Page: 8 Page: 8 Packet Pg. 33 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 248120 7/15/2021 018495 CALPORTLAND COMPANY 95091636 STREET - 5.5 SK 3/8 AEA STREET - 5.5 SK 3/8 AEA 111.000.68.542.61.31.00 10.1 % Sales Tax 111.000.68.542.61.31.00 Tota I : 248121 7/15/2021 069813 CDW GOVERNMENT INC F726286 ADOBE ACROBAT PRO DC Adobe Acrobat Pro DC - Qty 10 512.000.31.518.88.48.00 10.4% Sales Tax 512.000.31.518.88.48.00 Tota I : 248122 7/15/2021 063615 CH MURPHY CLARK-ULLMAN INC 2106037C WWTP: REPAIR HEAT EXCHANGEF REPAIR HEAT EXCHANGER 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 Total 248123 7/15/2021 019215 CITY OF LYNNWOOD 17259 WWTP: 6/2021 M/O+SEWER 6/2021 M/O+SEWER 423.000.75.535.80.47.20 Total 248124 7/15/2021 035160 CITY OF SEATTLE 9056920000 WWTP: 5/12-7/12/21 FLOWMETER ! 5/12-7/12/21 FLOW METER #87902' 423.000.76.535.80.47.62 Tota I : 248125 7/15/2021 073135 COGENT COMMUNICATIONS INC JUL-2021 C/A CITYOFED00001 Jul-2021 Fiber Optics Internet 512.000.31.518.87.42.00 Tota I : 248126 7/15/2021 062975 COLLISION CLINIC INC RO45481 UNIT 310 - REPAIR DOORS 6.2.a Page: 9 Page: 9 Packet Pg. 34 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 10 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248126 7/15/2021 062975 COLLISION CLINIC INC (Continued) UNIT 310 - REPAIR DOORS 511.000.77.548.68.48.00 1,994.9( �% 10.4% Sales Tax a 511.000.77.548.68.48.00 207.4, L Total: 2,202.31, .3 248127 7/15/2021 070323 COMCAST BUSINESS 8498310301175175 CEMETERY INTERNET 820 15TH Sl ea CEMETERY INTERNET 820 15TH S� Y 130.000.64.536.20.42.00 140.2, u 8498310301175191 MEADOWDALE PRESCHOOL INTEF MEADOWDALE PRESCHOOL INTEF E 001.000.64.571.29.42.00 140.2; 'M Total: 280.51 0 248128 7/15/2021 078378 CONSERVATION TECHNIX INC 977 PROS PLAN PROFESSIONAL SERV i PARKS, RECREATION & OPEN SPA > 0 001.000.64.571.21.41.00 17,523.0' a Total : 17,523.0! Q 248129 7/15/2021 078425 CRAIG FINKLE 5-09000 #0212497-OC UTILITY REFUND N #0212497-OC Utility refund due to 411.000.233.000 115.9' Total : 115.9: E 248130 7/15/2021 066079 DEPT OF LABOR & INDUSTRIES 317964174 INSPECTION NUMBER 317964174 M For Citation and Notice of Assessmer U 332.000.64.594.76.65.00 2,400.0( Total: 2,400.0( E 248131 7/15/2021 064531 DINES, JEANNIE 21-4097 INV 21-4097 - EDMONDS PD t m CS 20-28935 TRANSCRIPTION-MEF Q 001.000.41.521.21.41.00 126.0( CS20-29825 TRANSCRIPTION-JOHI 001.000.41.521.21.41.00 129.6( CS 20-29744 TRANSCRIPTION-MEF Page: 10 Packet Pg. 35 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 11 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248131 7/15/2021 064531 DINES, JEANNIE (Continued) 001.000.41.521.21.41.00 82.8( CS 18-32268 TRANSCRIPTION-MEF 001.000.41.521.21.41.00 864.0( CS 19-29416 TRANSCRIPTION-MEF 001.000.41.521.21.41.00 82.8( CS 21-10645 TRANSCRIPTION -TRY 001.000.41.521.21.41.00 208.8( 21-4100 CITY COUNCIL MEETING MINUTES city council minutes 7/6 001.000.25.514.30.41.00 514.8( Total : 2,008.8( 248132 7/15/2021 076172 DK SYSTEMS 28206 CITY HALL - PARTS & LABOR CITY HALL - PARTS & LABOR 001.000.66.518.30.48.00 354.8( 10.4% Sales Tax 001.000.66.518.30.48.00 36.9( Total: 391.7( 248133 7/15/2021 077300 DONOVAN PLUMBING INC BLD2021-0912 REFUND -PERMIT FEES BLD2021-0912- 001.000.257.620 244.0( Tota I : 244.0( 248134 7/15/2021 076772 EBI, KEVIN EBI4245 BIRD FEST KEYNOTE SPEAKER Bird Fest Keynote Speaker 001.000.61.558.70.41.00 500.0( Tota I : 500.0( 248135 7/15/2021 076610 EDMONDS HERO HARDWARE 2340 WWTP: CRUSHED ICE CRUSHEDICE 423.000.76.535.80.31.00 5.9£ 2354 WWTP: PO 481 MESH STRAINER 10.4% Sales Tax 423.000.76.535.80.31.00 0.4£ Page: 11 Packet Pg. 36 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248135 7/15/2021 076610 EDMONDS HERO HARDWARE Voucher List City of Edmonds Invoice (Continued) 2408 2418 2420 2424 2429 248136 7/15/2021 008812 ELECTRONIC BUSINESS MACHINES AR195735 6.2.a Page: 12 PO # Description/Account Amoun c PO 481 MESH STRAINER d 423.000.76.535.80.31.00 4.5� >, WWTP: PO 481 WATER f° a PO 481 WATER L 423.000.76.535.80.31.00 4.5f .3 10.4% Sales Tax 423.000.76.535.80.31.00 c 0.4E PM: GLASS CLEANER, AIR FRESHE Y PM: GLASS CLEANER, AIR FRESHE U 001.000.64.576.80.31.00 10.7.' r- 10.4% Sales Tax E 001.000.64.576.80.31.00 1.1, n PM: SPRAYPAINT 4- PM: SPRAYPAINT O 001.000.64.576.80.31.00 19.9E > 10.4% Sales Tax o 001.000.64.576.80.31.00 2.0E a WWTP: PO 481 WASHERS Q PO 481 WASHERS 423.000.76.535.80.31.00 7.1-LO 10.4% Sales Tax 423.000.76.535.80.31.00 0.7z o PUBLIC WORKS SUPPLIES N PUBLIC WORKS SUPPLIES E 001.000.66.518.30.31.00 9.9� z 10.4% Sales Tax +% 001.000.66.518.30.31.00 1.0z m Total : 68.91 t U INV AR195735 - ACCT MK5031 - EDI 6/21-A12434&A12435BW USAGE Q 001.000.41.521.10.45.00 37.5 6/21- A12434&12435 CLR USAGE 001.000.41.521.10.45.00 141.6E 10.4% Sales Tax Page: 12 Packet Pg. 37 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248136 7/15/2021 008812 ELECTRONIC BUSINESS MACHINES 248137 248138 248139 248140 7/15/2021 009350 EVERETT DAILY HERALD 7/15/2021 078423 GAMEZ, ALEXANDRO 7/15/2021 074358 GEO-TEST SERVICES Voucher List City of Edmonds Invoice (Continued) AR195737 AR195919 EDH929951 EDH931421 EDH931485 June 2021 46221 7/15/2021 069571 GOBLE SAMPSON ASSOCIATES INC BINV0009038 6.2.a Page: 13 PO # Description/Account Amoun c 001.000.41.521.10.45.00 18.6, CITY CLERK COPIER METER READ E E 10.4% Sales Tax a 001.000.25.514.30.45.00 33.0E L copier meter read 3 001.000.25.514.30.45.00 317.91' DEV SVCS RENTAL/LEASE (COPIEI Contract overage charges- Y 001.000.62.524.10.45.00 152.0E 10.4% Sales Tax 001.000.62.524.10.45.00 15.8' E Total : 716.7; 'M 2020 TRANSPORTATION BENEFIT 1 p 2020 TRANSPORTATION BENEFIT [ Ta 001.000.65.518.20.49.00 32.2( o L PLANNING -LEGAL AD a Everett Daily Herald Legal Notificatior Q 001.000.62.558.60.41.40 63.0( PLANNING -LEGAL AD N Everett Daily Herald Legal Notice- W 001.000.62.558.60.41.40 44.8( c Total : 140.0( E EXPENSE REIMBURSEMENT Expense reimbursement for payroll Ai 001.000.31.514.23.49.00 24.0( Total: 24.0( E t EOGA GEOTECHNICAL SERVICES m r EOGA GEOTECHNICAL SERVICES Q 423.000.75.594.35.41.00 1,708.6( Total : 1,708.6( WWTP: PO 607 WATM 01 Page: 13 Packet Pg. 38 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 14 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248140 7/15/2021 069571 GOBLE SAMPSON ASSOCIATES INC (Continued) PO 607 WATM 01 E, 423.000.76.535.80.48.00 84.4, 10.4% Sales Tax a 423.000.76.535.80.48.00 11.31' (,D Freight .3 423.000.76.535.80.48.00 24.4� c Total: 120.21 m U) 248141 7/15/2021 063137 GOODYEAR AUTO SERVICE CENTER 164200 FLEET - TIRES U FLEET - TIRES 511.000.77.548.68.34.30 766.3£ E WA STATE TIRE FEE 511.000.77.548.68.34.30 _M 2.0( 10.5% Sales Tax O 511.000.77.548.68.34.30 80.4; > 164358 FLEET - TIRES o FLEET - TIRES a 511.000.77.548.68.34.30 170.4E Q WA STATE TIRE FEE 511.000.77.548.68.34.30 2.0( N 10.5% Sales Tax 511.000.77.548.68.34.30 17.9( c 164359 FLEET - TIRES FLEET - TIRES E 511.000.77.548.68.34.30 750.0( 2 WA STATE TIRE FEE 511.000.77.548.68.34.30 5.0( (D 10.5% Sales Tax E t 511.000.77.548.68.34.30 78.7.E m 164360 FLEET (WRONG SIZE RETURNED) Q FLEET (WRONG SIZE RETURNED) 511.000.77.548.68.34.30 -650.0E S WA STATE TIRE FEE 511.000.77.548.68.34.30 -5.0( Page: 14 Packet Pg. 39 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 248141 7/15/2021 063137 GOODYEAR AUTO SERVICE CENTER (Continued) 248142 7/15/2021 012199 GRAINGER 248143 7/15/2021 076462 GREAT FLOORS LLC 248144 7/15/2021 078424 GREEN LATRINE INC 9933444748 9944386821 9945768746 9955684114 JB21-031435 13742 PO # Description/Account 10.5% Sales Tax 511.000.77.548.68.34.30 Total : PM SUPPLIES: STENCIL SET PM SUPPLIES: STENCIL SET 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 YOST PARK - PARTS YOST PARK - PARTS 001.000.66.518.30.31.00 10.4% Sales Tax 001.000.66.518.30.31.00 YOST PARK - PARTS/ PUMP YOST PARK - PARTS/ PUMP 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 WWTP: PO 620 GLOVES PO 620 GLOVES 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 Total PUBLIC WORKS - FLOORING PUBLIC WORKS - FLOORING 001.000.66.518.30.31.00 10.4% Sales Tax 001.000.66.518.30.31.00 Total LATRINE FOR UPTOWN EVENING P LATRINE FOR UPTOWN EVENING P 6.2.a Page: 15 Amoun c -68.2E E, 1,149.6! a m L 3 44.5 1 4.6( U t U E 29.0( 3.0< 0 R 0 L 934.5( a 91.5E N LO 87.7( c 9.1 < .E 1,204.1 TU m E 1,799.0( U m 187.1( Q 1,986.1( Page: 15 Packet Pg. 40 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 16 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248144 7/15/2021 078424 GREEN LATRINE INC (Continued) 001.000.61.558.70.41.00 515.0( Total: 515.0( 248145 7/15/2021 012560 HACH COMPANY 12523935 WWTP: PO 553 SENSOR CAP REPI PO 553 SENSOR CAP REPLACEME 423.000.76.535.80.48.00 286.0( 10.4% Sales Tax 423.000.76.535.80.48.00 29.7z Total : 315.7z 248146 7/15/2021 074966 HIATT CONSULTING LLC 2019-263 CALENDAR EDITING APRIL MAY JU CALENDAR EDITING APRIL MAY JU 001.000.61.558.70.41.00 174.0( Total : 174.0( 248147 7/15/2021 061013 HONEY BUCKET 0552167719 FRANCES ANDERSON CENTER HC FRANCES ANDERSON CENTER HC 001.000.64.576.80.45.00 240.3E Total: 240.3° 248148 7/15/2021 071642 HOUGH BECK & BAIRD INC 13934 PARK PLANNING SUPPORT SERVI( PARK PLANNING SUPPORT SERVI( 001.000.64.571.21.41.00 1,975.6E Tota I : 1,975.6E 248149 7/15/2021 060165 HWA GEOSCIENCES INC 31852 E21 FB SERVICES THRU 6/30/2021 E21 FB SERVICES THRU 6/30/2021 422.000.72.594.31.41.00 3,315.2E Total : 3,315.2E 248150 7/15/2021 075062 JAMESTOWN NETWORKS 6518 FIBER OPTICS INTERNET CONNEC Jul-2021 Fiber Optics Internet 512.000.31.518.87.42.00 590.0( 10.4% Sales Tax 512.000.31.518.87.42.00 61.3( Page: 16 Packet Pg. 41 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 17 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248150 7/15/2021 075062 075062 JAMESTOWN NETWORKS (Continued) Total : 651.3E 248151 7/15/2021 015270 JCI JONES CHEMICALS INC 859308 WWTP: PO 474 SODIUM HYPOCHL PO 474 SODIUM HYPOCHLORITE 423.000.76.535.80.31.53 3,150.8z WA Hazadous Substance Tax 423.000.76.535.80.31.53 22.0E 10.4% Sales Tax 423.000.76.535.80.31.53 327.6� Total : 3,500.55 248152 7/15/2021 078420 JOSEPH & KARLA LINDER 4-19000 #794577RT UTILITY REFUND #794577RT Utility refund due to 411.000.233.000 352.9E Total : 352.9E 248153 7/15/2021 065791 LEIRA 857 INV 857 REDACTING RECORDS 6/1 REDACTING RECORDS - 6/16/21 001.000.41.521.40.49.00 125.0( Tota I : 125.0( 248154 7/15/2021 075016 LEMAY MOBILE SHREDDING 4707226 SHREDDING SERVICES shredding 001.000.25.514.30.41.00 18.4E shredding 001.000.31.514.23.41.00 18.4E Tota I : 36.9( 248155 7/15/2021 069053 MICRO COM SYSTEMS LTD 17562 LARGE FORMAT DOCUMENT SCAN Permit Plan Scanning 001.000.62.524.10.41.00 1,632.2E Total : 1,632.2E 248156 7/15/2021 075266 MORGAN MECHANICAL INC S21-5150 WWTP: PO 587 LEAK REPAIR PO 587 LEAK REPAIR 423.000.76.535.80.48.00 1,788.0( 10.4% Sales Tax Page: 17 Packet Pg. 42 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 248156 7/15/2021 075266 MORGAN MECHANICAL INC (Continued) S21-5235 248157 7/15/2021 067834 NATIONAL CONSTRUCTION RENTALS 6187622 248158 7/15/2021 024001 NC MACHINERY PO # Description/Account 423.000.76.535.80.48.00 WWTP: PO 618 HVAC REPAIR PO 618 HVAC REPAIR 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 Total PM: CIVIC STADIUM PANELS PM: CIVIC STADIUM PANELS 001.000.64.576.80.45.00 10.4% Sales Tax 001.000.64.576.80.45.00 Total MNCS1882740 E188SO - PARTS E188SO - PARTS 511.100.77.594.48.64.00 9.3% Sales Tax 511.100.77.594.48.64.00 S3327401 E188SO - CAT MINI EXCAVATOR E188SO - CAT MINI EXCAVATOR 511.100.77.594.48.64.00 10.4% Sales Tax 511.100.77.594.48.64.00 S3353001 E189SO - 14FT TILT DECK TRAILER E189SO - 14FT TILT DECK TRAILER 511.100.77.594.48.64.00 10.4% Sales Tax 511.100.77.594.48.64.00 Total 248159 7/15/2021 067694 NC POWER SYSTEMS CO. PSWO0142056 UNIT 60 - PARTS & LABOR UNIT 60 - PARTS & LABOR 511.000.77.548.68.48.00 6.2.a Page: 18 Amoun c 185.9( E �a a 683.6E L �3 71.1( c 2,728.71 ra U) U m t U 218.8E E 22.7E 241.61 o 900.9( Q 83.7E 60,499.0( N E 6,291.9( 12 m 10,888.0( E t U 1,132.3E 79,795.9: Q 5,194.3 - Page: 18 Packet Pg. 43 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 19 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248159 7/15/2021 067694 NC POWER SYSTEMS CO. (Continued) CONSUMABLES/ ENVIROMENTAL F E, 511.000.77.548.68.48.00 329.1 ' 10.1 % Sales Tax a 511.000.77.548.68.48.00 557.8, L Total: 6,081.31 3 248160 7/15/2021 024960 NORTH COAST ELECTRIC COMPANY S010991141.001 WWTP: PO 604 CPL SR P-13 WH SI ea PO 604 CPL SR P-13 WH SURELIGF Y 423.000.76.535.80.48.00 238.5( u 10.4% Sales Tax 423.000.76.535.80.48.00 24.8( E S011025201.001 WWTP: PO 616 POTENTIOMETERS M PO 616 POTENTIOMETERS 423.000.76.535.80.48.00 500.7E O 10.4% Sales Tax 423.000.76.535.80.48.00 52.0E o Total : 816.1( a Q 248161 7/15/2021 070166 OFFICE OF THE STATE TREASURER June, 2021 COURT, BLDG CODE & JIS TRANSI• Emergency Medical Services & Traun 001.000.237.120 813.1 , PSEA 1, 2 & 3 Account c 001.000.237.130 16,501.5E N Building Code Fee Account E 001.000.237.150 772.0E 2 State Patrol Death Investigation 001.000.237.330 115.2E Judicial Information Systems Account E 001.000.237.180 4,680.4E U Washington Auto Theft Prevention 001.000.237.250 1,628.1' Q Traumatic Brain Injury 001.000.237.260 742.0z Hwy Safety Acct 001.000.237.320 488.4, Page: 19 Packet Pg. 44 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 20 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248161 7/15/2021 070166 OFFICE OF THE STATE TREASURER (Continued) Crime Lab Blood Breath Analysis 001.000.237.170 0.91 >, WSP Hwy Acct a 001.000.237.340 654.1 < L Total: 26,396.0< 248162 7/15/2021 026200 OLYMPIC VIEW WATER DISTRICT 0000130 PLANTER IRRIGATION 220TH ST S\ ea PLANTER IRRIGATION 220TH ST S\ Y 001.000.64.576.80.47.00 21.0E u 0001520 CEMETERY 820 15TH ST SW CEMETERY 820 15TH ST SW E 130.000.64.536.50.47.00 54.4; 'M 0001530 CEMETERY SPRINKLER 820 15TH CEMETERY SPRINKLER 820 15TH ; o 130.000.64.536.50.47.00 87.4( 7a 0002930 SPRINKLER @ 5TH AVE S & SR104 0 SPRINKLER @ 5TH AVE S & SR104 a 001.000.64.576.80.47.00 23.1 , Q 0021400 FIRE STATION #20 88TH AVE W / MI FIRE STATION #20 88TH AVE W / MILO N 001.000.66.518.30.47.00 307.5( 0026390 PLANTER IRRIGATION 10415 226TF c PLANTER IRRIGATION 10415 226TF N 001.000.64.576.80.47.00 23.1, . Total: 516.71, TU 248163 7/15/2021 075735 PACIFIC SECURITY 36789 PACIFIC SECURITY JUNE 2021 r- PACIFIC SECURITY JUNE 2021 m E 001.000.23.512.50.41.00 4,187Z U Total: 4,187Z Q 248164 7/15/2021 075694 PACIFIC SOUND DESIGN 11972 UPTOWN EVENING MARKET STAG UPTOWN EVENING MARKET STAG 001.000.61.558.70.41.00 700.0( Page: 20 Packet Pg. 45 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248164 7/15/2021 075694 075694 PACIFIC SOUND DESIGN 248165 7/15/2021 073871 PERSONNEL EVALUATION INC 248166 7/15/2021 069633 PET PROS Voucher List City of Edmonds Invoice (Continued) 40719 w^ 248167 7/15/2021 078374 PETERSON SURVEY MONUMENTS 200739 248168 7/15/2021 072384 PLAY-WELLTEKNOLOGIES 248169 7/15/2021 029117 PORT OF EDMONDS PO # Description/Account Total ; INV 40719 EDMONDS PD - JUNE 20 WEB BASED PEP TESTS (2) 001.000.41.521.10.41.00 Total INV 1306 - EDMONDS PD - ACE ACE - DOG FOOD 001.000.41.521.26.31.00 10.5% Sales Tax 001.000.41.521.26.31.00 Total E21 CA CONCRETE MONUMENT E21 CA CONCRETE MONUMENT 112.000.68.595.33.41.00 E21 CA CONCRETE MONUMENT 125.000.68.595.33.41.00 E21 CA CONCRETE MONUMENT 126.000.68.595.33.41.00 9.3% Sales Tax 112.000.68.595.33.41.00 9.3% Sales Tax 125.000.68.595.33.41.00 9.3% Sales Tax 126.000.68.595.33.41.00 Total 9733 LEGO INSTRUCT 9733 LEGO INSTRUCTION 9733 LEGO INSTRUCTION 001.000.64.571.22.41.00 Total 03870 PORT RIGHT-OF-WAY LEASE FOR PORT RIGHT-OF-WAY LEASE FOR 6.2.a Page: 21 Page: 21 Packet Pg. 46 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 22 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248169 7/15/2021 029117 PORT OF EDMONDS (Continued) 422.000.72.531.90.41.50 4,011.5f Total: 4,011.5° E, �a 248170 7/15/2021 078407 PREMIER VOCAL ENTERTAINMENT UEM 7/8/2021 UPTOWN EVENING MARKET PERF a� UPTOWN EVENING MARKET PERF 3 001.000.61.558.70.41.00 550.0( WMS 7/10/2021 WALKABLE MAIN STREET PERFOF WALKABLE MAIN STREET PERFOF Y 001.000.64.571.22.41.00 550.0( u Total: 15100.0( 248171 7/15/2021 030695 PUMPTECH INC 0171280-IN WWTP: PO 605 NORDELL CHECKB E PO 605 NORDELL CHECKBALLS 2 423.000.76.535.80.48.00 3,616.0( o Freight R 423.000.76.535.80.48.00 96.7E o 10.4% Sales Tax a 423.000.76.535.80.48.00 386.1 ' Q Total: 4,098.9� N 248172 7/15/2021 077429 PURE WATER AQUATICS 2410 PM: YOST POOL COVER RE -WINDS LO PM: YOST POOL COVER RE -WINDS 125.000.64.576.80.48.00 11,579.0( N 10.4% Sales Tax E 125.000.64.576.80.48.00 1,204.2, .� Total: 12,783.2, 248173 7/15/2021 030780 QUIRING MONUMENTS INC 34383 INSCRIPTION SHUTTER/NICHE-ANI E INSCRIPTION SHUTTER/NICHE-ANI t 130.000.64.536.20.34.00 150.0( 34384 INSCRIPTION SHUTTER/NICHE-AU; r Q INSCRIPTION SHUTTER/NICHE-AU; 130.000.64.536.20.34.00 150.0( 34385 INSCRIPTION SHUTTER/NICHE-BRI INSCRIPTION SHUTTER/NICHE-BRI Page: 22 Packet Pg. 47 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 23 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248173 7/15/2021 030780 QUIRING MONUMENTS INC (Continued) 130.000.64.536.20.34.00 150.0( Total: 450.0( E, �a 248174 7/15/2021 071702 RAILROAD MGMT CO III LLC 441248 LIC# 305683 MEADOWDALE STORP a aD LIC# 305683 MEADOWDALE STORP 3 422.000.72.531.90.49.00 284.8E 441249 LIC# 305684 MEADOWDALE STORP LIC# 305684 MEADOWDALE STORP Y 422.000.72.531.90.49.00 284.8E u 441264 LIC# 305754 EDMONDS STORM DR t LIC# 305754 EDMONDS STORM DR U 422.000.72.531.90.49.00 284.8E M Total: 854.5E Z 4- 0 248175 7/15/2021 061540 REPUBLIC SERVICES #197 3-0197-0800478 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE R 0 001.000.66.518.30.47.00 243.3E a 3-0197-0800897 PUBLIC WORKS CIVIC 7110 210TH ; Q PUBLIC WORKS CIVIC 7110 210TH ; 001.000.65.518.20.47.00 39.4E PUBLIC WORKS CIVIC 7110 210TH ; LO 111.000.68.542.90.47.00 149.8� r� PUBLIC WORKS CIVIC 7110 210TH ; N 421.000.74.534.80.47.00 149.8� E PUBLIC WORKS CIVIC 7110 210TH : R 423.000.75.535.80.47.10 149.8� U PUBLIC WORKS CIVIC 7110 210TH ; 511.000.77.548.68.47.00 149.8� E PUBLIC WORKS CIVIC 7110 210TH ; 422.000.72.531.90.47.00 149.8E 3-0197-0801132 FIRE STATION #16 8429 196TH ST : Q FIRE STATION #16 8429 196TH ST 001.000.66.518.30.47.00 262.1( 3-0197-0829729 CLUBHOUSE 6801 N MEADOWDAL CLUBHOUSE 6801 N MEADOWDAL Page: 23 Packet Pg. 48 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 24 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248175 7/15/2021 061540 REPUBLIC SERVICES #197 (Continued) 001.000.66.518.30.47.00 71.6,1 Tota I : 1,366.OS 248176 7/15/2021 077177 RUTH CROOKS 8-21800 #40229361-803-BS4 UTILITY REFUI` #40229361-803-BS4 Utility refund dul 411.000.233.000 32.0( Total : 32.0( 248177 7/15/2021 069593 SAFELITE FULFILLMENT INC 00446-708234 UNIT 526 - LABOR & MATERIALS UNIT 526 - LABOR & MATERIALS 511.000.77.548.68.48.00 413.1( 10.4% Sales Tax 511.000.77.548.68.48.00 42.9E Total : 456.0E 248178 7/15/2021 066964 SEATTLE AUTOMOTIVE DIST INC S3-6471696 UNIT 23 - PARTS UNIT 23 - PARTS 511.000.77.548.68.31.10 318.6( 10.4% Sales Tax 511.000.77.548.68.31.10 33.1 Total: 351.7' 248179 7/15/2021 074997 SEITEL SYSTEMS, LLC 56124 REMOTE & ONSITE COMPUTER SL Remote computer support - 6/9/21 & 512.000.31.518.88.41.00 315.0( 56135 REMOTE COMPUTER SUPPORT Remote computer support - 6/15/21 512.000.31.518.88.41.00 210.0( Total : 525.0( 248180 7/15/2021 036950 SIX ROBBLEES INC 14-416170 UNIT 64 - PARTS/ MOUNT & COMBC UNIT 64 - PARTS/ MOUNT & COMBC 511.000.77.548.68.31.10 127.2E 9.8% Sales Tax 511.000.77.548.68.31.10 12.4, Page: 24 Packet Pg. 49 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248180 7/15/2021 036950 036950 SIX ROBBLEES INC 248182 7/15/2021 037375 SNO CO PUD NO 1 Voucher List City of Edmonds 6.2.a Page: 25 Invoice PO # Description/Account Amoun (Continued) Total : 139.7; m 200124873 TRAFFIC LIGHT 9933 100TH AVE W E TRAFFIC LIGHT 9933 100TH AVE W sa 111.000.68.542.64.47.00 a 38.8, m 200202919 LIFT STATION #8 113 RAILROAD AV 3 LIFT STATION #8 113 RAILROAD AV 423.000.75.535.80.47.10 62.4, 200274959 TRAFFIC LIGHT 23602 76TH AVE W Y TRAFFIC LIGHT 23602 76TH AVE W U 111.000.68.542.64.47.00 20.0< t 200422418 FRANCES ANDERSON CENTER 70( U E FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 541.8� Z 200493153 TRAFFIC LIGHT 22000 76TH AVE W o TRAFFIC LIGHT 22000 76TH AVE W 111.000.68.542.64.47.00 32.4- o 200663953 ANWAY PARK 131 SUNSET AVE / M L a ANWAY PARK 131 SUNSET AVE / M Q 001.000.64.576.80.47.00 58.3( v 200748606 TRAFFIC LIGHT 9730 220TH ST SW c� TRAFFIC LIGHT 9730 220TH ST SW 111.000.68.542.64.47.00 15.4E ti 200943348 TRAFFIC LIGHT 23202 EDMONDS V N TRAFFIC LIGHT 23202 EDMONDS V E 111.000.68.542.64.47.00 31.6, 12 201054327 BRACKETT'S LANDING NORTH 501 BRACKETT'S LANDING NORTH 50 I m 001.000.64.576.80.47.00 36.0� E 201103561 TRAFFIC LIGHT 23800 FIRDALE AVI t TRAFFIC LIGHT 23800 FIRDALE AVI M 111.000.68.542.64.47.00 34.4, Q 201192226 TRAFFIC LIGHT 20408 76TH AVE W TRAFFIC LIGHT 20408 76TH AVE W 111.000.68.542.64.47.00 15.7( 201501277 LIFT STATION #14 7905 1 /2 211 TH F Page: 25 Packet Pg. 50 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248182 7/15/2021 037375 SNO CO PUD NO 1 Voucher List City of Edmonds 6.2.a Page: 26 Invoice PO # Description/Account Amoun (Continued) r LIFT STATION #14 7905 1 /2 211 TH F c E, 423.000.75.535.80.47.10 18.1 E 201532926 LIFT STATION #7 121 W DAYTON S- f° a LIFT STATION #7 121 W DAYTON S- L 423.000.75.535.80.47.10 136.5, .3 201557303 CEMETERY BUILDING CEMETERY BUILDING sa 130.000.64.536.50.47.00 60.1 £ Y 201563434 TRAFFIC LIGHT 660 EDMONDS WA U TRAFFIC LIGHT 660 EDMONDS WA 111.000.68.542.64.47.00 34.5( E 201582152 TRAFFIC LIGHT 19600 80TH AVE W M TRAFFIC LIGHT 19600 80TH AVE W 111.000.68.542.63.47.00 35.1 E 201703758 PEDEST CAUTION LIGHT 23190 10( _0 > PEDEST CAUTION LIGHT 23190 10( o 111.000.68.542.64.47.00 32.3E a 201711785 STREET LIGHTING 1 LIGHTS @ 15( Q STREET LIGHTING (183 LIGHTS @ 111.000.68.542.63.47.00 8.61 201762101 415 5TH AVE S 415 5TH AVE S 0 001.000.64.576.80.47.00 18.3E N 202077194 FIRE STATION #20 23009 88TH AVE E FIRE STATION #20 23009 88TH AVE 2 001.000.66.518.30.47.00 437.8E +: 202139655 BRACKETT'S LANDING SOUTH 100 (D BRACKETT'S LANDING SOUTH 100 t 001.000.64.576.80.47.00 25.2 1 m 202161535 CEMETERY WELL PUMP CEMETERY WELL PUMP Q 130.000.64.536.50.47.00 315.9< 202289096 TRAFFIC LIGHT 22400 HWY 99 / ME TRAFFIC LIGHT 22400 HWY 99 / ME 111.000.68.542.64.47.00 56.4, Page: 26 Packet Pg. 51 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248182 7/15/2021 037375 SNO CO PUD NO 1 Voucher List City of Edmonds 6.2.a Page: 27 Invoice PO # Description/Account Amoun (Continued) r 202356739 TRAFFIC LIGHT 21530 76TH AVE W c TRAFFIC LIGHT 21530 76TH AVE W E 111.000.68.542.64.47.00 25.7, a 202499539 LIFT STATION #1 105 GASPERS ST L LIFT STATION #1 105 GASPERS ST 3 423.000.75.535.80.47.10 419.2( c 202529186 STREET LIGHTING (406 LIGHTS @ ca STREET LIGHTING (406 LIGHTS @ Y 111.000.68.542.63.47.00 3,955.0' uw 202529202 STREET LIGHTING 7 LIGHTS @ 40( STREET LIGHTING (7 LIGHTS @ 40 E 111.000.68.542.63.47.00 110.5( 'R 202576153 STREET LIGHTING (2097 LIGHTS C STREET LIGHTING (2097 LIGHTS C o 111.000.68.542.63.47.00 13,536.9� > 202579488 STREET LIGHTING (33 LIGHTS @ 2 0 L STREET LIGHTING (33 LIGHTS @ 2 a 111.000.68.542.63.47.00 378.8' Q 204292213 CHARGE STATION #1 552 MAIN ST CHARGE STATION #1 552 MAIN ST N 111.000.68.542.64.47.00 126.4� 204467435 HAZEL MILLER PLAZA 0 HAZEL MILLER PLAZA 001.000.64.576.80.47.00 26.4E . 204714893 STREET LIGHTING (1 LIGHT @ 150' U STREET LIGHTING (1 LIGHT @ 150' 111.000.68.542.63.47.00 6.1' W 204714927 STREET LIGHTING (19 LIGHTS @ 2 E STREET LIGHTING (19 LIGHTS @ 2 m 111.000.68.542.63.47.00 158.7( 204714935 STREET LIGHTING (5 LIGHTS @ 40 Q STREET LIGHTING (5 LIGHTS @ 40 111.000.68.542.63.47.00 86.5E 204714943 STREET LIGHTING (4 LIGHTS @ 10 STREET LIGHTING (4 LIGHTS @ 10 Page: 27 Packet Pg. 52 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 28 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248182 7/15/2021 037375 SNO CO PUD NO 1 (Continued) 111.000.68.542.63.47.00 18.8 204714950 STREET LIGHTING (12 LIGHTS @ 2 STREET LIGHTING (12 LIGHTS @ 2 a 111.000.68.542.63.47.00 134.9E L 205307580 DECORATIVE & STREET LIGHTING 3 DECORATIVE & STREET LIGHTING 111.000.68.542.64.47.00 118.7, 220547582 TRAFFIC LIGHT SR104 @ 95TH AVE Y TRAFFIC LIGHT SR104 @ 95TH AVE U 111.000.68.542.63.47.00 41.6E u 220792758 TRAFFIC LIGHT 22730 HWY 99 - ME E TRAFFIC LIGHT 22730 HWY 99 - ME 111.000.68.542.64.47.00 _M 75.5, 221593742 TRAFFIC LIGHT 21132 76TH AVE W O TRAFFIC LIGHT 21132 76TH AVE W 111.000.68.542.64.47.00 64.9' o 222721177 STORMWATER PUMP STATION - 51 a STORMWATER LIFT STATION - 51 V Q 422.000.72.531.90.47.00 32.2' 222818874 DECORATIVE LIGHTING 115 2ND A) N Decorative Lighting 115 2nd Ave S / `n 111.000.68.542.63.47.00 20.0< c Total: 21,404.21 E 248183 7/15/2021 063941 SNO CO SHERIFFS OFFICE 2021-6854 2021-6854 - JUNE 2021 - EDMONDS 2 48.83 BASE RATE @ $142.63EA U 001.000.39.523.60.41.50 6,964.6, 15.5 BOOKINGS @ $128.88EA E 001.000.39.523.60.41.50 1,997.6z U 7.75 VIDEO CT HRS @ $207.96EA f° 001.000.39.523.60.41.50 1,611.6� Q Total : 10,573.9° 248184 7/15/2021 063941 SNO CO SHERIFFS OFFICE 1000557412 INV 1000557412 - CUST SSH00010-E JAN-JUNE 2021- CITY JAG Page: 28 Packet Pg. 53 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248184 7/15/2021 063941 SNO CO SHERIFFS OFFICE Voucher List City of Edmonds Invoice (Continued) 248185 7/15/2021 070167 SNOHOMISH COUNTY TREASURER June 2021 248186 7/15/2021 038300 SOUND DISPOSAL CO 248187 7/15/2021 076114 SOUND SALMON SOLUTIONS 248188 7/15/2021 039775 STATE AUDITOR'S OFFICE 103583 103585 103586 103588 1463 PO # Description/Account 001.000.41.521.10.41.50 JULY-DEC 2021- CITY JAG 001.000.41.521.10.41.50 Total : Crime Victims Court Remittance Crime Victims Court Remittance 001.000.237.140 Total CIVIC CENTER 250 5TH AVE N CIVIC CENTER 250 5TH AVE N 001.000.66.518.30.47.00 FRANCES ANDERSON CENTER 70( FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 SNO-ISLE LIBRARY 650 MAIN ST SNO-ISLE LIBRARY 650 MAIN ST 001.000.66.518.30.47.00 CITY HALL 121 5TH AVE N CITY HALL 121 5TH AVE N 001.000.66.518.30.47.00 Total EDMONDS FOREST STEWARDS St EDMONDS FOREST STEWARDS St 001.000.64.571.21.41.00 Total L143228 06-2021 AUDIT FEES 06-2021 Audit Fees 001.000.39.514.20.41.50 06-2021 Audit Fees 111.000.68.543.30.41.50 06-2021 Audit Fees 6.2.a Page: 29 Amoun c 4,075.0( 4,075.0( a 8,150.0( L 3 c 361.4- Y 361.41 U t U E 2 679.1 z U 0 R 669.5z o L a a Q N LA 459.8� r� 2,413.7; N E M U 1,250.0( 1,250.0( E t U m r Q 17,941.2E 1,794.1 < Page: 29 Packet Pg. 54 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 30 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248188 7/15/2021 039775 STATE AUDITOR'S OFFICE (Continued) 421.000.74.534.80.41.50 5,382.3E 06-2021 Audit Fees 422.000.72.531.90.41.50 5,382.3E 06-2021 Audit Fees 423.000.75.535.80.41.50 5,382.3E Total: 35,882.5E 248189 7/15/2021 071585 STERICYCLE INC 3005605495 INV 3005605495 - CUST 6076358 - E MED BOX DISPOSAL 001.000.41.521.80.41.00 54.2, Total: 54.2, 248190 7/15/2021 040430 STONEWAY ELECTRIC SUPPLY S103447686.002 GRANDSTAND - PARTS/ SWITCH GRANDSTAND - PARTS/ SWITCH 001.000.66.518.30.31.00 246.4, Freight 001.000.66.518.30.31.00 16.0- 10.5% Sales Tax 001.000.66.518.30.31.00 27.5E Tota I : 289.95 248191 7/15/2021 078422 THE HOLT FAMILY TRUST 4-21025 #4260-3634296 UTILITY REFUND #4260-3634296 Utility refund due to 411.000.233.000 224.6z Total : 224.6z 248192 7/15/2021 066056 THE SEATTLE TIMES 8110 VISIT EDMONDS DIGITAL ADS FOR VISIT EDMONDS DIGITALADS FOR 120.000.31.575.42.41.40 1,500.0( Total : 1,500.0( 248193 7/15/2021 038315 TK ELEVATOR CORPORATION 3006039632 CITY HALL - FULL MAINTENANCE C CITY HALL - FULL MAINTENANCE C 001.000.66.518.30.48.00 1,487.0< 10.4% Sales Tax Page: 30 Packet Pg. 55 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 31 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 248193 7/15/2021 038315 TK ELEVATOR CORPORATION (Continued) 001.000.66.518.30.48.00 154.6,1 Tota I : 1,641.6f 248194 7/15/2021 078388 TRAILER BOSS 39140 STREET - TRAILER STREET - TRAILER 111.000.68.542.64.35.00 2,529.0z TRIP PERMIT 111.000.68.542.64.35.00 33.0( 9.2% Sales Tax 111.000.68.542.64.35.00 232.6, Total: 2,794.71 248195 7/15/2021 070774 ULINE INC 135636070 WWTP: PO 614 SHRINK FILM/TAPE PO 614 SHRINK FILM/TAPE/GUN, G 423.000.76.535.80.31.00 1,146.0( Freight 423.000.76.535.80.31.00 80.6- 10.4% Sales Tax 423.000.76.535.80.31.00 127.5 , Tota I : 1,354.1 f 248196 7/15/2021 064423 USA BLUE BOOK 649541 SEWER - MANHOLE NET SEWER - MANHOLE NET 423.000.75.535.80.31.00 185.7( Freight 423.000.75.535.80.31.00 25.1 10.4% Sales Tax 423.000.75.535.80.31.00 21.9< Tota I : 232.7E 248197 7/15/2021 044960 UTILITIES UNDERGROUND LOC CTR 1060145 UTILITIES UNDERGROUND LOCATI UTILITIES UNDERGROUND LOCATI 421.000.74.534.80.41.00 135.3 , UTILITIES UNDERGROUND LOCATI 422.000.72.531.90.41.00 135.3 , Page: 31 Packet Pg. 56 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 32 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248197 7/15/2021 044960 UTILITIES UNDERGROUND LOC CTR (Continued) UTILITIES UNDERGROUND LOCATI E, 423.000.75.535.80.41.00 139.4E Total: 410.2, a m 248198 7/15/2021 067865 VERIZON WIRELESS 9883092890 C/A 442201730-00001 3 iPad Cell Service Mayor's Office 001.000.21.513.10.42.00 35.1 , Dayton St Stormwater Pump Station Y 422.000.72.531.90.42.00 26.9, u Total : 62.05 248199 7/15/2021 078426 W FRED & ELAINE STOUDT 3-40820 #611281854 UTILITY REFUND E #611281854 Utility refund due to 2 U 411.000.233.000 553.9E o Total: 553.9E R 248200 7/15/2021 068259 WA ST CRIMINAL JUSTICE 201135506 INV 201135506 EDMONDS PD - INS' a INSTRUCTOR DEVELOP. - DANIEL,< Q 001.000.41.521.40.49.00 425.0( " INSTRUCTOR DEVELOP. - SAUNDE N 001.000.41.521.40.49.00 425.0( 201135516 INV 201135516 PATROL RIFLE INST PATROL RIFLE INST - HAUGHIAN 001.000.41.521.40.49.00 600.0( E PATROL RIFLE INST - STANLEY M 001.000.41.521.40.49.00 600.0( U 201135526 INV 201135526 HANDGUN OPTICS HANDGUN OPTICS INST - GAGNEF aD E 001.000.41.521.40.49.00 400.0( u HANDGUN OPTICS INST - PLOEGE r 001.000.41.521.40.49.00 400.0( Q Total : 2,850.0( 248201 7/15/2021 065035 WASHINGTON STATE PATROL I21006288 INV I21006288 - EDMONDS PD JUNE 2021 - CPL CHECKS Page: 32 Packet Pg. 57 vchlist 07/15/2021 10 :41:04AM Voucher List City of Edmonds 6.2.a Page: 33 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 248201 7/15/2021 065035 WASHINGTON STATE PATROL (Continued) 001.000.237.100 238.5( Total: 238.5( E, �a a 248202 7/15/2021 067195 WASHINGTON TREE EXPERTS 121-336 WATER - SEAVIEW RESIVOIR SITE aD WATER - SEAVIEW RESIVOIR SITE 3 421.000.74.534.80.48.00 6,800.0( 10.4% Sales Tax 421.000.74.534.80.48.00 707.2( Y 121-437 STREET - 162ND ST SW & 75TH PL U STREET - 162ND ST SW & 75TH PL t 111.000.68.542.71.48.00 U 615.0( E 10.4% Sales Tax M 111.000.68.542.71.48.00 63.9, Z Total: 8,186.1 o 248203 7/15/2021 075635 WCP SOLUTIONS 12311118 RECYCLE - RECYCLING BAGS 'ii 0 RECYCLE - RECYCLING BAGS a 421.000.74.537.90.49.00 89.3- Q 10.4% Sales Tax 421.000.74.537.90.49.00 9.2� N Total: 98.6( 248204 7/15/2021 073552 WELCO SALES LLC 8033 PUBLIC WORKS - WINDOW ENVEL PUBLIC WORKS - WINDOW ENVEL E 001.000.65.518.20.31.00 366.0( .� 10.4% Sales Tax 001.000.65.518.20.31.00 38.0E 8047 UTILITY BILLING - 5000 PINK SHEE m E UTILITY BILLING - 5000 PINK SHEE � 421.000.74.534.80.31.00 108.6, UTILITY BILLING - 5000 PINK SHEE Q 423.000.75.535.80.31.00 108.E , UTILITY BILLING - 5000 PINK SHEE 422.000.72.531.90.31.00 108.6E 10.4% Sales Tax Page: 33 Packet Pg. 58 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248204 7/15/2021 073552 WELCO SALES LLC Voucher List City of Edmonds Invoice (Continued) I�Zic 248205 7/15/2021 069605 WEST COAST CODE CONSULTANTS 2021-EDM-JUN 248206 7/15/2021 075743 WHISTLE WORKWEAR OF SHORELINE 195846 248207 7/15/2021 078421 YIWEN SU & LI JIN iKO••'1 197385 3-41065 6.2.a Page: 34 PO # Description/Account Amoun c 421.000.74.534.80.31.00 11.3( 10.4% Sales Tax E E 423.000.75.535.80.31.00 11.3( a 10.4% Sales Tax L .3 422.000.72.531.90.31.00 11.3E DEV SVCS - SUPPLIES (INSP FORK � 500 2-Part Form- 001.000.62.524.10.31.00 402.0( Y 10.4% Sales Tax U 001.000.62.524.10.31.00 41.8- Total: 1,207.71, E .ii PROF SVCS-BUILDING U Plan Review for:- o 001.000.62.524.20.41.00 2,398.9E R Total: 2,398.9E o a WATER - WORKWEAR K. JOHNSOl' °- Q WATER - WORKWEAR K. JOHNSOP 421.000.74.534.80.24.00 211.4E Sales Tax 'O 421.000.74.534.80.24.00 21.5 STORM - WORKWEAR R. HILL STORM - WORKWEAR R. HILL E 422.000.72.531.90.24.00 448.0E fd Sales Tax U 422.000.72.531.90.24.00 45.7- SEWER - WORKWEAR C. SHAW E SEWER - WORKWEAR C. SHAW U 423.000.75.535.80.24.00 215.9E Sales Tax Q 423.000.75.535.80.24.00 22.0< Total : 964.8( #793873RT UTILITY REFUND Page: 34 Packet Pg. 59 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248207 7/15/2021 078421 YIWEN SU & LI JIN 248208 7/15/2021 011900 ZIPLY FIBER Voucher List City of Edmonds 6.2.a Page: 35 Invoice PO # Description/Account Amoun (Continued) r #793873RT Utility refund due to c E, 411.000.233.000 536.1 Total: 536.1 a m 206-188-0247 TELEMETRY MASTER SUMMARY A, 3 TELEMETRY MASTER SUMMARY A, 421.000.74.534.80.42.00 273.5 1 TELEMETRY MASTER SUMMARY A, Y 423.000.75.535.80.42.00 273.5E u 253-003-6887 LIFT STATION #6 VG SPECIAL ACCI LIFT STATION #6 VG SPECIAL ACCI E 423.000.75.535.80.42.00 42.1E 'M 253-011-1177 PUBLIC WORKS OMC RADIO LINE PUBLIC WORKS OMC RADIO LINE' o 001.000.65.518.20.42.00 6.4< > PUBLIC WORKS OMC RADIO LINE' o L 111.000.68.542.90.42.00 24.4' a PUBLIC WORKS OMC RADIO LINE' Q 421.000.74.534.80.42.00 24.4' PUBLIC WORKS OMC RADIO LINE'LO N 423.000.75.535.80.42.00 24.4' PUBLIC WORKS OMC RADIO LINE 0 511.000.77.548.68.42.00 24.4< PUBLIC WORKS OMC RADIO LINE' E 422.000.72.531.90.42.00 24.4< 2 425-745-4313 CLUBHOUSE ALARM LINES 6801 M CLUBHOUSE FIRE AND INTRUSION (D 001.000.66.518.30.42.00 139.1' t 425-774-1031 LIFT STATION #8 VG SPECIAL ACC[ m LIFT STATION #8 TWO VOICE GRA[ 423.000.75.535.80.42.00 47.5( Q 425-775-7865 UTILITY BILLING RADIO LINE UTILITY BILLING RADIO LINE TO FI 421.000.74.534.80.42.00 71.9, 425-776-1281 SNO-ISLE LIBRARY ELEVATOR PH( Page: 35 Packet Pg. 60 vchlist 07/15/2021 10 :41:04AM Bank code : usbank Voucher Date Vendor 248208 7/15/2021 011900 ZIPLY FIBER 113 Vouchers for bank code : usbank 113 Vouchers in this report Voucher List City of Edmonds 6.2.a Page: 36 Invoice PO # Description/Account Amoun (Continued) r SNO-ISLE LIBRARY ELEVATOR PH( c E, 001.000.66.518.30.42.00 59.0E 425-776-2742 LIFT STATION #7 VG SPECIAL ACCI f° a LIFT STATION #7 V/G SPECIALACC L 423.000.75.535.80.42.00 26.4, .3 425-776-5316 425-776-5316 PARKS MAINT FAX LII 425-776-5316 PARKS MAINT FAX LII 001.000.64.576.80.42.00 114.1( Y Total: 1,175.9E y t Bank total : 1,940,456.81 U .ii Total vouchers : 1,940,456.01 0 Page: 36 Packet Pg. 61 El N Ln ti O N E M V C d E t V f0 r El 6.2.b vchlist 07/15/2021 11:01:20AM Bank code : usbank Voucher Date Vendor 7152021 7/15/2021 062693 US BANK Voucher List City of Edmonds Page Invoice PO # Description/Account Amoun 0747 PW CC - 07/06/2021 a� WA STATE DEPT OF HEALTH - SCO E 421.000.74.534.80.49.00 52.0, ca PSI - SCOTT WESTON WA WATER' m 421.000.74.534.80.49.00 100.0( 3 ITUNES - MONTHLY CHARGE FOR 001.000.65.518.20.31.00 0.9� 0881 STAPLES - OFFICE SUPPLIES N Staples - office supplies 001.000.23.512.50.31.00 185.2E t 2985 WWTP: DOR: 2021-22 TANK BUS LI U DOR - 2021-22 Bus. License for E 423.000.76.535.80.41.50 191.8' Z Credit Card Fee for Paying DOR - o 423.000.76.535.80.41.50 4.8( 'R Amazon - PO 598 Laundry Detergent p 423.000.76.535.80.31.00 L 256.9, 0- Amazon - PO 610 Headphones- CL Q 423.000.76.535.80.35.00 83.8E .� Amazon PO 613 Ledger Paper- N 423.000.76.535.80.31.00 74.9, r 3355 MOLES CC - 07/06/2021 c OFFICE DEPOT - MAP COVERS 111.000.68.542.31.31.00 L 36.4E .3 4697 4TH OF JULY }; City 4th parade handouts 001.000.21.513.10.49.00 a� 97.6E E Hardwick retirement poster U 001.000.21.513.10.41.00 18.0( City 4th parade handouts Q 001.000.21.513.10.49.00 59.9E City 4th parade decorations 001.000.21.513.10.49.00 16.9� City 4th parade handouts Page: 1 Packet Pg. 62 vchlist 07/15/2021 11:01:20AM Bank code : usbank Voucher Date Vendor 7152021 7/15/2021 062693 US BANK Voucher List City of Edmonds Page: 2 Invoice PO # Description/Account Amoun (Continued) -� 001.000.21.513.10.49.00 19.9( City 4th parade deco E 001.000.21.513.10.49.00 15.9� City 4th parade handouts 001.000.21.513.10.49.00 m 67.9< .3 Canva subscription July 001.000.21.513.10.49.00 12.9E City 4th parade handouts N 001.000.21.513.10.49.00 52.3E 10.4% Sales Tax t 001.000.21.513.10.41.00 1.8f U 10.4% Sales Tax E 001.000.21.513.10.49.00 9.41 U 4929 DEV SVCS-US BANK p GMR Transcription- 001.000.62.558.60.41.00 288.0( p GMR Transciption- Q. 001.000.62.558.60.41.00 267.7E Q Zoom (Planning Dept Subscription)- 001.000.62.558.60.49.00 915.71 c� Click2Mail- `O r 001.000.62.558.60.41.40 1,552.7E c GMR Transcription Services- 001.000.62.558.60.41.00 193.5( 3 Amazon- 001.000.62.524.10.31.00 94.4E y Zoom- E 001.000.62.524.10.49.00 220.6� U Adobe - 001.000.62.524.10.49.00 117.0( Q Amazon- 001.000.62.558.60.35.00 650.8 Amazon- 001.000.62.524.10.35.00 27.3f Page: 2 Packet Pg. 63 vchlist 07/15/2021 11:01:20AM Bank code : usbank Voucher Date Vendor 7152021 7/15/2021 062693 US BANK 1 Vouchers for bank code : usbank 1 Vouchers in this report Voucher List City of Edmonds 6.2.b Page: 3 Invoice PO # Description/Account Amoun (Continued) -� The Seattle Times- 001.000.62.524.10.49.00 58.5( E MailChimp- 001.000.62.524.10.49.00 23.1, 5593 CITY CLERK'S CC PAYMENT L amazon office supplies 3 001.000.25.514.30.31.00 118.1( 5639 PAYFLOW PAYMENT PROCESSOR y Payflow payment processor 001.000.62.524.20.49.00 15.9< t Payflow payment processor U 001.000.62.558.60.49.00 15.9< •E Payflow payment processor 001.000.67.518.21.49.00 15.9' p 5923 CS/ECON DEV CREDIT CARD JUNE R Printing of tourism brochure (15,000) o 120.000.31.575.42.41.00 1,054.0( Q. String Lights for Uptown Market a a 001.000.61.558.70.31.00 Mailchimp for issuing bulletins for 001.000.61.558.70.49.00 34.2- r Market Supplies - Weights for Feathe rZ. 001.000.61.558.70.31.00 88.2( Market Supplies - 2 Market Feather S 3 001.000.61.558.70.31.00 110.3E Total: 7,375.0, E Bank total : 7,375.0: �a Total vouchers : 7,375.0, Q Page: 3 Packet Pg. 64 vchlist 07/15/2021 11:01:20AM Bank code : usbank Voucher Date Vendor Voucher List City of Edmonds Invoice PO # Description/Account Page 6.2.b 4 Amoun Page: 4 Packet Pg. 65 6.2.c PROJECT NUMBERS (By Project Title) Protect Engineering Accounting Project Funding Project Title Number Number 174th St. & 71st Ave Storm Improvements c521 STM 175th St. SW Slope Stabilization c560 E21 FB STM 2018 Lorian Woods Stud s018 W8FA SWR 2019 Sewerline Replacement Project c516 EBGA STM 2019 Storm Maintenance Project c525 EBFC WTR 2019 Swedish Waterline Replacement c523 EBJA �019 Traffic Calming am 611sw STIR 2019 Traffic Signal Upgrades i045 E9AD [UTILITIES 2019 Utility Rate & GFC Update s020 WTR 2019 Waterline Overlay i043 E9CB �2019 Waterline Replacement STIR 2020 Guardrail Installations i046 EOAA erlay Program STIR 2020 Pedestrian Safety Program i049 EODB 020 Pedestrian Task Force STIR 2020 Traffic Calming i048 EOAC STIR 2020 Traffic Signal Upgrades i047 EOAB STIR 2020 Waterline Overlay i053 EOCC STIR 2021 Guardrail Installations i057 E21AB STIR 2021 Overlay Program i051 E21CA 1h STIR 2021 Pedestrian Task Force SWR 2021 Sewer Overlay Program i060 E21CC LSTM 2021 Stormwater Overlay Program STIR 2021 Traffic Calming i056 E21AA �021 Waterline Overlay Program i059 E21CB STIR 220th Adaptive i028 EBAB 228th St. SW Corridor Improvements STIR 238th St. Island & Misc. Ramps i037 EBDC Moor 238th St. SW Walkway (100th Ave to 104th Ave) c423 VE73DB STIR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA 76th Ave Overlay (196th St. to OV i052 E20CB STIR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA STIR 76th Ave W at 212th St SW Intersection Improveme V c368 E1 CA STIR 84th Ave W Overlay from 220th to 212th i031 EBCC STIR 89th PI W Retaining W- i025 E7CD STIR ADA Curb Ramps i033 EBDB IFSTIR Admiral Way Pedestrian Crossing � i040 E9D� STIR Audible Pedestrian Signals i024 E7AB LSTM Ballinger Regional Facility Pre -Design s022 STIR Bikelink Project c474 ESDA Citywide Bicycle Improvements Project i050 SWR Citywide CI PIP Sewer Rehab Phase II c488 E6GB Citywide Pedestrian Crossing Enhancement i026 STIR Citywide Protected/Permissive Traffic Signal Conversion 1015 E6AB PRK Civic Center Playfield (Construction) EOMA Revised 7/14/2021 Packet Pg. 66 6.2.c PROJECT NUMBERS (By Project Title) Protect Engineering Accounting Project Funding Project Title Number Number PRK Civic Center Playfield (Design) c536 EOMA Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Reh STR Edmonds Street Waterfront Connector c478 ESDB WTR Elm St. Waterline Replacement c561 STR Elm Way Walkway from 8th Ave to 9th Ave i058 E21 DA LWTR Five Corners Reservoir Re -coating PM Fourth Avenue Cultural Corridor c282 EBMA Hwy 99 Gateway Revitalization STM Lake Ballinger Associated Projects c436 E4FD SWR Lake Ballinger Trunk Sewer Study SWR Lift Station #1 Basin & Flow Study c461 E4GC Minor Sidewalk Program STM NPDES (Students Saving Salmon) m013 E7FG Official Street Map & Sidewalk Plan Update s025 EONA STM OVD Slope Repair & Stabilization m105 E7FA ville Creek Flow Reduction Improvements STM Perrinville Creek Recovery Study s028 E21 FC WTR Phase 11 Annual Water Utility Replacement Project WTR Phase 12 Annual Water Utility Replacement Project c558 E21JA STM Phase 2 Annual Storm Utility Replacement Project c547 SWR Phase 8 Annual Sewer Replacement Project c548 EOGA Phase 9 Annual Sewer Replacement Project c559 FAC PW Concrete Regrade & Drainage South c502 E9MA SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 STM Seaview Park Infiltration Facility c479 ESFD STM _ Seaview Park Infiltration Facility Phase 2 c546 WWTP Sewer Outfall Groundwater Monitoring c446 E4HA evitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) i055 UTILITIES Standard Details Updates solo ESNA torm Drain Improvements @ 9510 232nd St. SW c495 STM Stormwater Comp Plan Update s017 E6FD STR Sunset Walkway Improvements ammlbL c354 E1 DA STR Trackside Warning System c470 ESAA STR ,ni..i.,..+ e+ �..u,.. av (3rd 4th i044 E9DC PRK Waterfront Development & Restoration (Construction) c544 E7MA Waterfront Development & Restoration (Design" c496 E7MA J §§MLRK PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA Willow Creek Daylighting/Edmonds Marsh Restoration c435 WWTP WWTP Outfall Pipe Modifications c481 ESHA Yost & Seaview Reservoir Assessment s026 PRK Yost Park Infiltration Facility c556 E21 FA Revised 7/14/2021 Packet Pg. 67 s.2.� PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title STR EOAA i046 11111PFZ020 Guardrail Installations STR EOAB i047 2020 Traffic Signal Upgrades STR EOAC i048 2020 Traffic Calming STR EOCA i042 2020 Overlay Program STR EOCC _ i053 2020 Waterline Overlay STR EODA s024 2020 Pedestrian Task Force 2020 Pedestrian Safety Progra STR EODC i050 Citywide Bicycle Improvements Project c546_1 Seaview Park Infiltration Facility Phase 2 STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project c54;K Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project s026 Yost & Seaview Reservoir Assessment PRK EOMA c551 Civic Center Playfield (Construction) c536 layfield (Design) GF EONA s025 Official Street Map & Sidewalk Plan Update c368 th Ave W at 212th St SW Intersection Improvements STR E1 DA c354 Sunset Walkway Improvements E20CB i052 76th Ave"veT (196th St. to OVD) STR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) E20FC c552 Perrinville Creek Flow Reduction Improvemen STR E21AA i056 2021 Traffic Calming 2021 Guardrail Installations STR E21 CA i051 2021 Overlay Program 2021 Waterline Overlay Program SWR E21 CC i060 2021 Sewer Overlay Program 2021 Stormwater Overlay Program STR E21 DA i058 Elm Way Walkway from 8th Ave to 9th Ave i062 2021 Pedestrian Task Force PRK E21 FA c556 Yost Park Infiltration Facility 56 ilization STM E21 FC s028 Perrinville Creek Recovery Study 559 nnual Sewer Replacement Project SWR E21GB c562 Sanitary Sewer and Stormwater Pipe Rating Services Wr E�A c558 Phase 12 Annual Water Utility Replacement Proj WTR E21JB c561 Elm St. Waterline Replacement STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration E4FD c436 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station c461 Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring 4Mdmonds Fishing Pier Rehab STR ESAA c470 Trackside Warning System Revised 7/14/2021 Packet Pg. 68 s.2.� PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title STR E5DB c478 Edmonds Street Waterfront Connector - E5FD c479 reaview Park Infiltration Facility SWR E5GB s011 Lake Ballinger Trunk Sewer Study qWP E5HA c481 WWTP Outfall Pipe Modifications WTR E5J13 c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E5KA c473 Five Corners Reservoir Re-coatin UTILITIES E5NA solo Standard Details Updates E6AA d� Hwy 99 Gateway Revitalization STR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion r"DA ;� 238th St. SW Walkway (Edmonds Way to Hwy 99) STR E6DD i017 Minor Sidewalk Program Stormwater Comp Plan Update AL SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II 7A = Audible Pedestrian Signals STR E7AC i005 228th St. SW Corridor Improvements E7CD j025 STR E7DC i026 Citywide Pedestrian Crossing Enhancements E7FA m10 ope Repair & Stabilizatio STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW STM E7FG m013 NPDES (Students Saving Salmon) WTR E7JA c498 2019 Waterline Replacement PRK E7MA c544 Waterfront Development & Restoration (Construction) PRK E7MA c496 Waterfront Development & Restoration (Design) E7MA Waterfront Development & Restoration (Pre - Design) STR E8AB i028 220th Adaptive i 76th Ave W & 220th St. SW Intersection Improvements STR E8CC i031 84th Ave W Overlay from 220th to 212th i033V ADA Curb Ramps STR E8DC i037 238th St. Island & Misc. Ramps s018 2018 Lorian Woods STM E8FB c521 174th St. & 71 st Ave Storm Improvements 8FC c525 2019 Storm Maintenance Project liv SWR E8GA c516 2019 Sewerline Replacement Project c523 019 Swedish Waterline Replacement UTILITIES E8J13 s020 2019 Utility Rate & GFC Update PM E8MA c282 Fourth Avenue Cultural Corridor STR E9AA i038 2019 Traffic Calming STR E9AD i045 2019 Traffic Signal Upgrades WTR E9CB i043 2019 Waterline Overlay STR i040 Admiral Way Pedestrian Crossing STR E9DC i044 Walnut St. Walkway (3rd-4th) STM E9FA s022r Ballinger Regional Facility Pre -Design FAC E9MA c502 PW Concrete Regrade & Drainage South Revised 7/14/2021 Packet Pg. 69 6.2.c PROJECT NUMBERS (By New Project Accounting Number) Engineerinq Project Project Accounting Funding Number Number Protect Title PM EBMA c282 Fourth Avenue Cultural Corridor STIR E1DA c354 Sunset Walkway Improvements STIR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 Lake Ballinger Associated Projects d FAC E4MB c443 Edmonds Fishing Pier Rehab E+ WWTP E4HA c446 Sewer Outfall Groundwater Monitoring Q. STM E4FE c455 Dayton Street Stormwater Pump Station SWR E4GC c461 Lift Station #1 Basin & Flow Study STIR ESAA c470 Trackside Warning System M WTR ESKA c473 Five Corners Reservoir Re -coating Y v STIR ESDA c474 Bikelink Project N STIR ESDB c478 Edmonds Street Waterfront Connector t v E STM ESFD c479 Seaview Park Infiltration Facility cp WWTP ESHA c481 WWTP Outfall Pipe Modifications w O WTR ESJB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) O L SWR E6G6 c488 Citywide CIPP Sewer Rehab Phase II Q Q STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW PRK E7MA c496 Waterfront Development & Restoration (Design) j WTR E7JA c498 2019 Waterline Replacement FAC E9MA c502 PW Concrete Regrade & Drainage South ~p SWR EBGA c516 2019 Sewerline Replacement Project i N STM EBFB c521 174th St. & 71st Ave Storm Improvements E WTR EBJA c523 2019 Swedish Waterline Replacement O Z STM E8FC c525 2019 Storm Maintenance Project d PRK EOMA c536 Civic Center Playfield (Design) -a d PRK E7MA c544 Waterfront Development & Restoration (Construction) N STM EOFA c546 Seaview Park Infiltration Facility Phase 2 C STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project SWR EOGA c548 Phase 8 Annual Sewer Replacement Project y L WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project LL PRK EOMA c551 Civic Center Playfield (Construction) r STM E20FC c552 Perrinville Creek Flow Reduction Improvements t PRK E21 FA c556 Yost Park Infiltration Facility WTR E21JA c558 Phase 12 Annual Water Utility Replacement Project Q SWR E21 GA c559 Phase 9 Annual Sewer Replacement Project STM E21 FIB c560 175th St. SW Slope Stabilization WTR E21JB c561 Elm St. Waterline Replacement SWR E21GB c562 Sanitary Sewer and Stormwater Pipe Rating Services STIR E7AC i005 228th St. SW Corridor Improvements STIR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STIR E6DD i017 Minor Sidewalk Program STIR E7AB i024 Audible Pedestrian Signals Revised 7/14/2021 Packet Pg. 70 6.2.c PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title STIR E7CD i025 89th PI W Retaining Wall STIR E7DC i026 Citywide Pedestrian Crossing Enhancements STIR EBAB i028 220th Adaptive STIR EBCA i029 76th Ave W & 220th St. SW Intersection Improvements STIR EBCC i031 84th Ave W Overlay from 220th to 212th STIR EBDB i033 ADA Curb Ramps STIR EBDC i037 238th St. Island & Misc. Ramps STIR E9AA i038 2019 Traffic Calming STIR E9DA i040 Admiral Way Pedestrian Crossing STIR EOCA i042 2020 Overlay Program WTR E9CB i043 2019 Waterline Overlay STIR E9DC i044 Walnut St. Walkway (3rd-4th) STIR E9AD i045 2019 Traffic Signal Upgrades STIR EOAA i046 2020 Guardrail Installations STIR EOAB i047 2020 Traffic Signal Upgrades STIR EOAC i048 2020 Traffic Calming STIR EODB i049 2020 Pedestrian Safety Program STIR EODC i050 Citywide Bicycle Improvements Project STIR E21 CA i051 2021 Overlay Program STIR E20CB i052 76th Ave Overlay (196th St. to OVD) STIR EOCC i053 2020 Waterline Overlay STIR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) STIR E21AA i056 2021 Traffic Calming STR E21AB i057 2021 Guardrail Installations STIR E21 DA i058 Elm Way Walkway from 8th Ave to 9th Ave WTR E21 CB i059 2021 Waterline Overlay Program SWR E21 CC i06o 2021 Sewer Overlay Program STM E21CD i061 2021 Stormwater Overlay Program STIR E21 DB i062 2021 Pedestrian Task Force STM E7FG m013 NPDES (Students Saving Salmon) PRK E7MA m103 Waterfront Development & Restoration (Pre - Design) STM E7FA m105 OVD Slope Repair & Stabilization UTILITIES ESNA solo Standard Details Updates SWR ESGB s0l l Lake Ballinger Trunk Sewer Study STIR E6AA s014 Hwy 99 Gateway Revitalization STM E6FD s017 Stormwater Comp Plan Update STM EBFA s018 2018 Lorian Woods Study UTILITIES EBJB s020 2019 Utility Rate & GFC Update STM E9FA s022 Ballinger Regional Facility Pre -Design STIR EODA s024 2020 Pedestrian Task Force GF EONA s025 Official Street Map & Sidewalk Plan Update WTR EOJB s026 Yost & Seaview Reservoir Assessment STM E21 FC s028 Perrinville Creek Recovery Study Revised 7/14/2021 Packet Pg. 71 6.2.c PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number FAC Edmonds Fishing Pier Rehab c443 E4MB FAC PW Concrete Regrade & Drainage South c502 E9MA GF Official Street Map & Sidewalk Plan Update s025 EONA PM Fourth Avenue Cultural Corridor c282 EBMA PRK Civic Center Playfield (Construction) c551 EOMA r PRK Civic Center Playfield (Design) c536 EOMA d PRK Waterfront Development & Restoration (Construction) c544 E7MA E+ PRK Waterfront Development & Restoration (Design) c496 E7MA C. PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA PRK Yost Park Infiltration Facility c556 E21 FA STM 174th St. & 71 st Ave Storm Improvements c521 EBFB R STM 175th St. SW Slope Stabilization c560 E21 FB v STM 2018 Lorian Woods Study s018 EBFA s t� STM 2019 Storm Maintenance Project c525 EBFC STM 2021 Stormwater Overlay Program i061 E21 CD c0 t� STM Ballinger Regional Facility Pre -Design s022 E9FA STM Dayton Street Stormwater Pump Station c455 E4FE STM Lake Ballinger Associated Projects c436 E4FD O STM NPDES (Students Saving Salmon) m013 E7FG Q STM OVD Slope Repair & Stabilization m105 E7FA STM Perrinville Creek Flow Reduction Improvements c552 E20FC N STM Perrinville Creek Recovery Study s028 E21 FC ti STM Phase 2 Annual Storm Utility Replacement Project c547 EOFB o N STM Seaview Park Infiltration Facility c479 ESFD STM Seaview Park Infiltration Facility Phase 2 c546 EOFA E STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB Z STM Stormwater Comp Plan Update s017 E6FD 0 a STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STR 2019 Traffic Calming i038 E9AA 21 STR 2019 Traffic Signal Upgrades i045 E9AD STR 2020 Guardrail Installations i046 EOAA 7 STR 2020 Overlay Program i042 EOCA N STR 2020 Pedestrian Safety Program i049 EODB LL r-� STR 2020 Pedestrian Task Force s024 EODA d STR 2020 Traffic Calming i048 EOAC V STR 2020 Traffic Signal Upgrades i047 EOAB r� Q STR 2021 Guardrail Installations i057 E21AB STR 2021 Overlay Program i051 E21 CA STR 2021 Traffic Calming i056 E21AA STR 228th St. SW Corridor Improvements i005 E7AC STR 238th St. Island & Misc. Ramps i037 EBDC STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STR 76th Ave Overlay (196th St. to OVD) i052 E20CB STR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA Revised 7/14/2021 Packet Pg. 72 6.2.c PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number STR 76th Ave W at 212th St SW Intersection Improvements c368 ElCA STR 84th Ave W Overlay from 220th to 212th 031 EBCC STR 89th PI W Retaining Wall i025 E7CD STR ADA Curb Ramps i033 EBDB STR Admiral Way Pedestrian Crossing i040 E9DA STR Audible Pedestrian Signals i024 E7AB STR Bikelink Project c474 ESDA STR Citywide Bicycle Improvements Project i050 EODC STR Citywide Pedestrian Crossing Enhancements i026 E7DC STR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB STR Edmonds Street Waterfront Connector c478 ESDB STR Elm Way Walkway from 8th Ave to 9th Ave i058 E21 DA STR Hwy 99 Gateway Revitalization s014 E6AA STR Minor Sidewalk Program 017 E6DD STR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) 055 E20CE STR Sunset Walkway Improvements c354 E1 DA STR Trackside Warning System c470 ESAA STR Walnut St. Walkway (3rd-4th) i044 E9DC STR 2021 Pedestrian Task Force 061 E21 DB STR 2020 Waterline Overlay i053 EOCC STR 220th Adaptive i028 EBAB SWR 2019 Sewerline Replacement Project c516 EBGA SWR 2021 Sewer Overlay Program i060 E21 CC SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study s0l l ESGB SWR Lift Station #1 Basin & Flow Study c461 E4GC SWR Phase 8 Annual Sewer Replacement Project c548 EOGA SWR Phase 9 Annual Sewer Replacement Project c559 E21 GA SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 E21GB UTILITIES 2019 Utility Rate & GFC Update s02O EBJB UTILITIES Standard Details Updates solo ESNA WTR 2019 Swedish Waterline Replacement c523 EBJA WTR 2019 Waterline Overlay i043 E9CB WTR 2019 Waterline Replacement c498 E7JA WTR 2021 Waterline Overlay Program i059 E21CB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB WTR Elm St. Waterline Replacement c561 E21JB WTR Five Corners Reservoir Re -coating c473 ESKA WTR Phase 11 Annual Water Utility Replacement Project c549 EOJA WTR Phase 12 Annual Water Utility Replacement Project c558 E21JA WTR Yost & Seaview Reservoir Assessment s026 EOJB WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 ESHA Q Revised 7/14/2021 Packet Pg. 73 6.3 City Council Agenda Item Meeting Date: 07/20/2021 Approve 128-SF Dedication at Northwest Corner of 4th Ave N & Daley St Staff Lead: Rob English Department: Engineering Preparer: Sydney Hall Background/History On July 13, 2021, staff presented this item to the Parks and Public Works Committee and the committee placed the item on the consent agenda for approval. Staff Recommendation Approve the street dedication. Narrative The City is currently reviewing a building permit application for a single-family residence at 327 Daley Street located at the NW corner of 4t" Ave N and Daley Street. The existing public sidewalk at this corner falls within the boundary lines of the private property and with the proposed development, the property owner will dedicate 128sf of property to the City as right-of-way. Following dedication, the sidewalk will be located entirely within the public right-of-way. Following council approval, the street dedication will be recorded through a deed document, which will occur prior to issuance of certificate of occupancy for the single-family residential development. Attachments: Attachment 1 Vicinity Map Attachment 2 Site Plan Packet Pg. 74 6.3a City of Edmonds Vicinity Map - 327 Daley St r �� :ca `roj • �r. � � w / � [} Ls� L L 0 126.30 252.6 Feet 188.1 This ma is a user generated static output from an Internet mapping site and is 2,257 P � B P PP B reference only. Data layers that appear on this map may or may not be accura WGS 1984 Web Mercator_ Auxiliary —Sphere current, or otherwise reliaE © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTIC `r �rnnwoa e [spera�r. �Duriil.s, ,- ra• C Legend 2 r �a a� 0 r Cn a� CU 0 06 z a� Q w v a .2 r C d E L V r Q c E L ci fC a� Q Notes I Packet Pg. 75 6.3.b LOT 35 a, a Site Plan IPERMEABLE II PAVEMENT (TYR) — I I- T LOT B LOT B UNDER 6,600 SF'.* SEPARA7E PERMIT 5' PRIVAIE DRAMIAGE EAMINT TO BENEFIT L01 Beep9 T x 7 resin w • PAVEMENT (TM) +®•a•ziw ix..H• 5' BSBL �I as ar _ OT32 Im � I I I • I I INFlLIRA flON CH I 33' X 5' X 1.5' PROPOSED r� LOT A I 700,7 v• 20' Bse AREAIDRAIN (T)P.) za • c, • 3 a C8 (m) GRAPHIC SCALE 3,0 4 Ir T II SCALE:1" = 30' II A mQ a LOT 31 I I d I I LOT 30 • I I d w � u I � rusys•ziw zs.4s• v is ' 94 'a 4=i � zs -PORTION LOT 30 To BE D ICATED TO CITY OFEDMONDS I 128 SF f C 0 d C m C ad Z Q z C a Co N C 0 E t 0 Q r C d t t,1 c0 a Packet Pg. 76 6.4 City Council Agenda Item Meeting Date: 07/20/2021 Oktoberfest Event Contract Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History The Council authorizes Event Agreements on behalf the City of Edmonds. In 2020 all but one contracted special event (The Market) was cancelled due to COVID. Thus far Council has authorized the Market, 4th of July, Arts Festival and SpringFest contracts for 2021. The Event Agreements for Taste Edmonds and Oktoberfest were reviewed by the Parks and Public Works Committee on July 13, 2021 and authorized to be placed on this consent agenda. Tonight only Oktoberfest is under review for approval. Staff Recommendation Staff recommendation is the City Council support the Event Agreement between the City of Edmonds and the Edmonds Rotary Club for Oktoberfest. Approval on consent will authorize the Mayor to sign the contract. Narrative The Oktoberfest Agreement is very similar the event previously held on the Frances Anderson Center Field in 2019. The event producer is required to follow the COVID guidelines set forth by the State of Washington and the Snohomish County Health Department at the time of the event. The contract has been reviewed and approved by our internal team (Police, Fire, Public Works, Parks, Recreation & Cultural Services, Development Services, Human Resources (Risk Management) and Economic Development Departments) and approved as to form by the City Attorney. The contract requires the promoter to comply with all noise ordinances, COVID guidelines and recycling/composting ordinances throughout the event. Further they are required to provide sufficient ADA parking, comply with Fire Marshall festival guidance and ensure the field be left in good condition. Oktoberfest: Oktoberfest is two-day event which will be held on Friday, September 24th and Saturday, September 25th in 2021. This will be the second Oktoberfest with the first being held in 2019 and the 2020 event being cancelled due to COVID. The event is run by the Edmonds Rotary Club is a ticketed event featuring folk music, beer tasting, wine, food and great activities for the entire family. The location of 8th Avenue between Main St and Dayton will be restricted to local access only and feature food trucks while the beer tasting and wine, stage and children's activities will be held on the field. Packet Pg. 77 6.4 Oktoberfest is an important fundraiser for the Edmonds Rotary Club's services projects such as student scholarships and Mika's Inclusive Playground at Civic Park. Attachments: 2021 Oktoberfest Event Agreement Packet Pg. 78 6.4.a EVENT AGREEMENT CITY OF EDMONDS, WASHINGTON AND EDMONDS ROTARY CLUB September 24 — 26, 2021 The following is an agreement ("Agreement") between the CITY OF EDMONDS (hereinafter referred to as the "City"), and the EDMONDS ROTARY CLUB (hereinafter referred to as the "Rotary") (collectively, the "Parties"). WHEREAS, the Edmonds Rotary Club has in the past conducted a public event known as "Edmonds Rotary Oktoberfest" (hereinafter referred to as the "Event") and proposes to do so again in 2021; and WHEREAS, the City Council finds that the Event will enhance tourism and promote economic development, as well as providing an opportunity for good clean fun to its citizens; and WHEREAS, the City Council finds that the considerations the City provides are more than adequately recompensed by the promises of the Edmonds Rotary Club and the public benefit to be derived from this Agreement; NOW, THEREFORE, in consideration of the promises, covenants, conditions and performances set forth below, the Parties hereto agree as follows: 1. Responsibilities of the City (certain Rotary obligations included). 1.1 The City will provide use of the Playfield, and the Bandshell at the Frances Anderson Center and 8th Avenue between Main Street and Dayton Street (See Site Map at Exhibit A & Traffic Control Plan at Exhibit B) (hereinafter referred to as the "City - Provided Site") for use as the venue for Oktoberfest (hereinafter referred to as the "Event"), and agrees to the following: 1.1.1 No Parking Signs placed on the West Side of 8tn Avenue and on Dayton for dumpster delivery by Wednesday, September 22, 2021 at 8 a.m. 1.1.2 The Event setup will begin on Friday, September 24, 2021 at 8:00 a.m.; barricades, ADA and loading zone signs to be in place by 8:00 a.m. 1.1.3 The Event will run from 4:00 p.m. to 10:00 p.m. on Friday, September 24, 2021 and 12:00 p.m. to 10:00 p.m. on Saturday, September 25, 2021. 1.1.4 The Frances Anderson Playfield and Bandshell will be used for the stage, beer festival, events and craft booths. The section of 8th Avenue described above will be utilized as an area for food concessions and eating tables. 1.1.5 All surfaces listed will remain available to the Rotary until final cleanup, to be completed by Sunday, September 26, 2021 at 12:00 noon. Packet Pg. 79 6.4.a 1.2 The City may sprinkle the field prior to the Event to reduce dust. The playfield irrigation system will be turned off by 8:00 a.m. on September 24, 2021. The Rotary agrees to cover the infield dirt only. 1.3 The City will provide up to fifteen (15) picnic tables and up to ten (10) garbage cans around the outside area. The Rotary will also provide crew members to assist with the moving and placement of tables and garbage cans. The Rotary will be responsible for emptying the trash cans. The City will supply backup trash bags. 1.4 All use and configuration of structures, booths and other permanent or temporary facilities used in the Event must comply with the "Food Vendor & Festival Requirements" set forth in Exhibit C, attached hereto and incorporated herein by this reference. Such structures, booths and facilities may be inspected and reviewed by the City Fire Chief, Police Chief, Building Official and the Parks, Recreation & Cultural Services Director or their designees to determine whether the facilities in use comply with the provisions of Exhibit C and state and local law, as well as to ensure that no lasting or permanent damage will be done to any public facility or property. 1.5 Edmonds Fire Marshal may inspect the facilities prior to the opening to the general public on or before 2:00 p.m., September 24, 2021, as the Parties will agree, and note all potential problems. Prior to the opening of the Event, the Rotary will correct all problems related to fire safety. In the event that such problems are not corrected, the City may at its sole discretion cancel the Event or prohibit the attendance of the general public in certain areas, if in the opinion of the Fire Marshal and at the sole discretion of the City, any violation or other condition that threatens life, health or property has not been corrected. 1.6 Alcohol may be served, so long as the Rotary obtains all required state licenses and approvals to serve alcohol. These will be furnished to the City at least two (2) weeks prior to the Event. 1.7 The City will provide safety barriers at the following two (2) locations for street closures required to contain the City -Provided Site described in Paragraph 1.1 and identified in Exhibit B, attached hereto and incorporated herein by this reference: 1.7.1 8th Avenue at Main Street, to close 8th Avenue 1.7.2 8th Avenue at Dayton Street, to close 8m Avenue (local access only) 1.8 The Rotary will work with the City to identify ADA parking stalls. The City will provide official handicapped parking signs. One load/unload space each will be marked on Dayton and Main Street. 1.9 The City may install Edmonds Oktoberfest street banners as provided by the Rotary at approved sites. The Rotary will obtain a Street Banner Permit and pay the required fee. 1.10 The City has the right to check the noise level of any amplified sound equipment or other source and require that the volume be reduced if it exceeds the safety limits Packet Pg. 80 6.4.a recommended by the Seattle King County Department of Health or levels set forth in the ordinances of the City of Edmonds. 1.11 The City will provide and oversee police supervision of the Event under the command of the Chief of Police or his/her designee. Police staffing levels and fees to be paid to the City will be mutually determined by the Chief of Police, or his/her designee, and the President of the Rotary. 1.12 The City will supply a list of acceptable compostable and recyclable food ware items and of suppliers for the compostable items. The City will provide signage for the on - site collection containers, and any additional containers, if needed. 1.13 The Rotary must supply power as needed. There will be no temporary PUD hookups or power poles installed for this event, it will run off of generator power. A Rotary representative and a City Public Works representative will meet prior to September 10, 2021, to draw up an exterior electrical plan. The City Electrician will have final say in all electrical matters. (No ground penetrations are allowed unless authorized first by the City Electrician and City Parks Department). Any unauthorized ground penetrations may be subject to fine and/or damage cost recovery from the Rotary. 1.14 The Rotary is not authorized to fasten anything to the buildings, structures or trees. Doing so may result in damage cost recovery and/or fine. 2. Responsibilities and Rights of the Rotary 2.1 The Rotary will operate the Edmonds Oktoberfest, and neither the Rotary nor any of its officers, agents or employees will discriminate in the provision of service under this Agreement against any individual, partnership, or corporation based upon race, religion, sex, creed, place of origin, or any other form of discrimination prohibited by federal, state or local law. 2.2 The Parties acknowledge that, pursuant to the provisions of Chapter 70.160 RCW (herein after the "smoking ban"), smoking is prohibited in indoor areas, within 25 feet of vents or entrances and in outdoor areas where public employees of the City and employees of any vendor at the Event or of the Rotary are required to be. This general description of the provisions of the statute is included for the purpose of reference and is not intended to expand or contract the obligations created by the smoking ban. The Rotary warrants that it will comply with the smoking ban and will utilize the services and advice of the Snohomish County Health District in assuring compliance during the Event described in this Agreement. 2.3 The Rotary agrees that the Edmonds Oktoberfest is a public event. The Rotary further agrees that areas constituting the City -Provided Site that are covered under this Agreement, including but not limited to public rights of way, streets, sidewalks, parks, parking lots, and gardens, are traditional public forums. As a result, the Rotary will permit citizens attending events open to the general public at the City -Provided Site during the Event to exercise therein their protected constitutional right to free Packet Pg. 81 6.4.a speech without interference in a designated free speech zone that does not violate fire and ADA codes. 2.4 Chapter 6.80 of the Edmonds City Code ("Plastic Bag Reduction") restricts the use of single -use plastic checkout bags. The restrictions do not apply to plastic bags used to carry out cooked food or provided solely for produce, bulk food or meat. The Rotary will encourage its vendors to comply with the purposes of the ordinance by utilizing paper bags or encouraging the use of reusable totes whenever practicable. 2.5 Pursuant to the provisions of RCW 70.93.093, concerning event recycling, the Rotary will place clearly marked recycling containers throughout the Event area for the collection of aluminum cans, glass or plastic bottles from event participants, and arrange for recycling services. 2.6 Chapter 6.95 of the Edmonds City Code ("Single -Use Plastic Utensils — Prohibition") prohibits the use of plastic straws, stirrers and cutlery at public events requiring a contract with the City. Therefore, food vendors at the Event will provide only certifiable compostable straws, stirrers and cutlery to Event participants. 2.7 Chapter 6.90 of the Edmonds City Code ("Noncompostable Food Service Containers — Prohibition") prohibits the use of noncompostable food service wares and packaging. Therefore, food vendors at the Event will provide compostable food service wares to package and present food to Event participants. Recyclable cans, bottles and cups continue to be acceptable for vendor use. The Rotary will provide for the on -site collection of compostable and recyclable materials from Event participants, using designated color -coded containers and will ensure that on -site containers are serviced properly and continually during the Event. A Rotary representative will meet with the City's Recycling Coordinator or representative prior to September 10, 2021, in order to be educated on the 3-container system to maximize diversion of compostable and recyclable materials from Event garbage, and the City will work to identify mutually agreed upon locations for food waste stations. These stations will be identified on Event maps and website. 2.8 The Rotary may in its discretion limit the participation of any vendor who produces duplication in order to adequately recognize limitations of space, failure to comply with applicable State or local health, liquor, or other requirements of law, and in order to provide an adequate and interesting diversity compatible with the recreation of the citizens of Edmonds. 2.9 The Rotary will be responsible for restoring the City -Provided Site to its original condition. A Rotary representative will meet with a member of the City's Parks and Recreation Department on September 23, 2021 to inspect the City -Provided Site to document the "original" and "post event" conditions of the City -Provided Site and surrounding areas. 2.10 The Rotary will provide a sufficient number of portable sani-cans and wash stations. Packet Pg. 82 6.4.a 2.11 The Rotary will be responsible for all required city and state permits. The Rotary will submit all required application(s) and fees(s) for the Street Banner Permits provided for by this Agreement. All permits will be arranged through a designated representative of the City. The Rotary is responsible for obtaining any necessary permits for serving alcohol on the premises from the state. 2.12 The Rotary will ensure that all boothsibeer garden/wine garden have the necessary state permits for serving and selling alcohol. The Rotary agrees to make its best effort to prevent service of alcohol to minors, including partition of the beer garden and wine garden, posting security at the entrances of the beer garden and wine garden and checking identification in accordance with common practice. 2.13 The Rotary will obtain any copyright licenses necessary for presenting licensed live and recorded music. 2.14 The provisions of Chapter 5.05 of the Edmonds City Code ("Animal Control") apply to the City -Provided Site. ECC 5.05.060 prohibits dogs, whether on leash or off leash from being present on City playfields. The Parks, Recreation & Cultural Services Director will provide a temporary exemption to this prohibition and allow dogs to be on leash at the Event. The Rotary will ensure that: (a) dogs remain on leash or under other manner of restraint at all times while on the City -Provided Site; (b) dogs do not enter the playground area; and (c) all dog waste is removed from the site. The Rotary will notify Police of any aggressive dog behavior. The Parks, Recreation & Cultural Services Director retains the right to suspend this temporary exemption at any time. 2.15 Garbage service will be contracted and paid for by the Rotary. 2.16 The Rotary will be responsible for clean-up of the City -Provided Site as follows: A. Restore all areas to their original condition. B. Pick up all trash and remove all items and equipment related to the Event by 12:00 noon, September 26, 2021 (including grounds and buildings). C. Power wash the following: a. All paved food concession areas; and b. All pedestrian walkways/steps around amphitheater. D. Install drain guards on all affected storm drains prior to the beginning of the Event, and remove them after clean-up is complete. Drain guards will be provided by the City. Power washed materials (litter, etc.) must be collected and disposed of and not pushed to adjacent areas. E. Pick up and remove all garbage to the size of a cigarette butt, debris, litter, equipment, and any and all other items made necessary by or used in the provision of the Event by 12:00 noon, Sunday, September 26, 2021. F. Disposal of waste water will be according to the City policy using grease traps provided, cleaned, and picked up by the Rotary. Packet Pg. 83 2.17 A final inspection of the Event area will be conducted by the City Parks Maintenance Division to determine if all areas are clean and returned to their original condition. 2.18 The Rotary will submit a cleaning/damage deposit of One Thousand Five Hundred dollars ($1,500.00) to the City prior to Tuesday, September 7, 2021. The deposit will be refunded to the Rotary if, upon inspection, all is in order, or a prorated portion thereof as may be necessary to reimburse the City for loss or cleaning costs. 2.19 The Rotary will pay the City Seven Hundred Fifty dollars ($750.00) for the use of the City -Provided Site prior to Tuesday, September 6, 2021, and will reimburse the City for the actual costs of supplies or services furnished by the City, unless otherwise established, within thirty (30) days of mailing of a final bill by the City. 2.20 The Rotary will provide a fire watch for all times the Event is open to the general public. The Fire Marshall or representative may inspect the City -Provided Site with the Rotary President, or designated representative, prior to 12:00 noon on September 24, 2021. 2.21 The Rotary will insure that: A. Kilns, barbecues, forges and other sources of heat will be insulated from turfed areas to prevent the heat from killing the grass and sterilizing the soil. All heat producing appliances will be approved by the Fire Department and may require conditions for their acceptable use. Food vendor installations will be inspected prior to the Event opening. Tarps, tents, canopies and covers will be listed and labeled for flame resistance. B. Vehicles will only be allowed on turfed areas to load and unload, with adjacent streets used for parking during the Event. C. The Rotary will notify all individual residents of the affected areas of 8th Avenue and provide general notice to all the citizens of the closure of 8th Avenue. D. Tents are held down with sandbags and not stakes. 2.22 The Rotary will defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising from or in connection with the Rotary's performance, or nonperformance, of this Agreement, except to the extent that claims, injuries, damages, losses or suits are caused by the sole negligence of the City, its officers, officials, employees or volunteers. This promise to indemnify and hold harmless will include a waiver by the Rotary of the immunity provided under Title 51 RCW, but only to the extent necessary to fully effectuate this promise. This provision will survive the termination and/or expiration of this Agreement. 2.23 The Rotary will provide a Certificate of Insurance evidencing insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $4,000,000 aggregate for personal injury, bodily injury and property Packet Pg. 84 6.4.a damage. In the event that the Rotary's employees and/or volunteers provide the service of alcohol at the Event, the Rotary's Commercial General Liability Insurance will also include host liquor liability coverage. However, if the Rotary contracts with a third -parry vendor to provide all service of alcohol, the Rotary will be responsible for obtaining a Certificate of Insurance from the vendor confirming the vendor has Liquor Liability coverage, with limits no less than $1,000,000. The City will be named as an additional insured on the Rotary's Commercial General Liability insurance policy and the third -parry vendor's Liquor Liability policy, if applicable, and a copy of the endorsement (s) naming the City as an additional insured will be attached to the Certificate of Insurance. The Rotary's liability insurance policy will contain a clause stating that coverage will apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The insurance policy will contain, or be endorsed to contain that the Rotary's insurance coverage will be primary insurance. Any insurance, or insurance pool coverage, maintained by the City will be in excess of the Rotary's insurance and will not contribute to it. The Rotary will provide a certificate of insurance evidencing the required insurance before using the premises described herein. Insurance will be placed with insurers with a current A.M. Best rating of not less than A:VII. 2.24 The Rotary agrees to the following general open hours for Edmonds Oktoberfest: Friday, September 24, 2021 4:00 p.m. — 10:00 p.m. Saturday, September 25, 2021 12:00 p.m. — 10:00 p.m. The Rotary agrees to keep the hours of operation in the Beer Garden / Wine Garden within the following schedule: Friday, September 24, 2021 4:00 p.m. — 10:00 p.m. Last call 9:30 p.m., no service after 9:45 p.m. Saturday, September 25, 2019 12:00 p.m. — 10:00 p.m. Last call 9:30 p.m., no service after 9:45 p.m. 2.25 The Rotary will provide any and all security services necessary during the night time hours (night time hours being defined as those hours which the Event is not in operation), sufficient to reasonably secure the area and facilities provided. The City will have no responsibility or liability for the provision of security services, nor will it be liable for any loss or damage incurred by the Rotary or the participants in the Event. 2.26 The Rotary will provide fence installation and removal at the Beer Garden / Wine Garden, if installing fence on 8th Avenue Rotary will ensure the fence runs along the center line of the street allowing for vehicle access on the East side of the street. 2.27 The Rotary is responsible for contracting with appropriate vendors for electrical power. No power is available at the Frances Anderson Center field. 2.28 The Rotary will arrange for a walk-through with the City Electrician and obtain approval for the accommodation of power and electricity needs. Packet Pg. 85 6.4.a 2.29 All requests for additional services for, and concerns about, the Event will be directed by the Rotary President to the City's designated representative, the Parks, Recreation & Cultural Services Deputy Director, who may be contacted at 425-771-0230. 3. General Provisions 3.1 Entire agreement, integration and amendment. This Agreement contains the entire agreement and understanding between the Parties relating to the rights and obligations created hereby, and supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the Parties. Any prior discussions or understandings are deemed merged with the provisions herein. This Agreement will not be amended, assigned or otherwise changed or transferred except in writing with the express written consent of the Parties hereto. Any action to interpret or enforce this Agreement will be brought before the Superior Court of Snohomish County, Washington, and the Parties agree that, as between them, all matters will be resolved in that venue. 3.2 Force majeure. The Parties will not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the Parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. 3.3 Relationship between the Parties. Nothing in this Agreement will be interpreted to or in fact create an agency or employment relationship between the Parties. No officer, official, agent, employee or representative of the Rotary will be deemed to be the same of the City for any purpose. The Rotary alone will be solely responsible for all acts of its officers, officials, agents, employees, representatives and subcontractors during the performance of this Agreement. 3.4 Compliance with laws. The Rotary in the performance of this Agreement will comply with all applicable federal, state and local laws and ordinances, including guidelines and requirements relating to COVID-19. The most recent information regarding the applicable state and federal guidelines and requirements relating to the COVID-19 pandemic can be found on the Washington State coronavirus response webpage at www.coronavirus.wa.gov and on the Centers for Disease Control and Prevention website at www.cdc.gov. The Rotary will consult this information before and during the course of the Event to ensure that the latest guidelines and requirements are promptly implemented. 3.5 Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement will not constitute a waiver of any other provision. 3.6 Termination. Each and every term and condition herein set forth and contained in this Agreement are expressly made terms, covenants, agreements and conditions, and a breach of any one of them by the Rotary will constitute a breach of this Agreement. In the event the Rotary fails to comply with any of the terms, covenants, agreements or conditions of this Agreement, or in the event the Rotary violates any local, city, county, state, or federal law, in connection with the Event, upon giving the Rotary twenty-four (24) hours' advance written notice, the City may terminate this Packet Pg. 86 6.4.a Agreement. Provided, the Parks, Recreation & Cultural Services Director may order the Rotary to cease operation of the Event hereunder immediately at any time should the Parks, Recreation & Cultural Services Director determine that the Event is detrimental to public safety, health, or welfare. Such a determination may be made in relation to COVID-19 or to any other public safety, health or welfare issue. In the event of termination of this Agreement, all the rights, licenses, and privileges herein contained will be terminated, the Rotary will have no further rights hereunder, and the City may require the immediate removal of all property of the Rotary and its vendors from the City -Provided Site. DATED this day of CITY OF EDMONDS: Mike Nelson, Mayor ATTEST/ AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2021. EDMONDS ROTARY CLUB: Libby Freese, Edmonds Rotary Club Treasurer Date: Packet Pg. 87 6.4.a Exhibit A: Site Map a Packet Pg. 88 6.4.a Sno-Isle Library May 2020 U) W a Exhibit B Traffic Control Plan EDMONDS ST Z W Q 2 BELL 5T = 0 I MAIN SiEl FWater Barricades and Barricade Signs provided by Public Works. Closed to all traffic. Frances Anderson Anderson Center Field Center Water Barricades and Barricade Signs © © provided by Public Works. Local Access Only oAYTON ST U) W a co MAPLE ST ALDER ST WALNUT ST co W Q i- ■ Road Closure Barricade Reserved for ADA g Parking Signs Food Trucks West side only a Packet Pg. 89 6.4.a Exhibit C South County Fire' Food Vendor & Festival Requirements Fire Lane - A 20 ft Fire Lane must be maintained for emergency vehicle access. - Unobstructed access to Fire hydrants shall be maintained at all times. The fire department shall not be deterred or hindered from gaining immediate access for rendering aid or to fire protection equipment or fire hydrants (IFC 507.5.4) Tents and Other Membrane Structures - All tents, canopies, and other membrane structures erected shall meet the requirements of the current edition of NFPA 701 and the IFC Section 3103 and 3104 and shall be labeled fire resistive. - Tents need to be less than 400 sq ft or additional permit maybe required. - Inflatable play equipment and all membrane structures shall be properly installed per the manufacturer instructions. Fire Extinguishers - 5-lbs. Portable ABC type extinguisher is required in all booths with current annual inspection/service tag attached - Booths with deep fat fryers also require a Class "K" rated fire extinguisher with current annual inspection/service tag attached. - Hood suppression systems MUST have current inspection documentation. - Keep fire extinguishers accessible and conspicuous. Cooking - No candles or open flame devices like tiki torches. - No flaming food. - Barbecue pits need a 10' separation from combustibles and portable FE. - Open flame from cooking devices shall be enclosed in such a manner as to prevent the flame from contacting any combustible material and shall be placed on a non-combustible surface. - All combustibles shall be kept away from heat sources. - No cooking appliances/heat sources will be within physical reach of the general public. Flertriral Cords - Minimum size 12-2 with ground UL approved outdoor rated from power feed source, 14-2 with ground UL approved is allowed elsewhere. - All cords shall be free of splices, cuts or breaks in outer sheathing. p - UL or other approved Strip Plugs with integral circuit breaker are the only allowed power tap/adapter. N 0 N Booth Construction - Cooking booth construction shall be labeled fire resistive. - Non -rated blue, green or brown plastic tarps are not allowed over cooking areas. E t M Rubbish Q - Keep combustible rubbish in closed containers. Cardboard boxes are rubbish/not rubbish containers - Rubbish containers larger than 40 gallons must be labeled fire -resistive. Fuel Use/Storage - All tanks/cylinders (whether in use or storage) must be secured to avoid falling and damaging the valve assembly. - No smoking in or around cooking/fuel use or storage areas. - Store tanks/cylinders upright so pressure relief valve is in vapor space. - Fuel tank/cylinder storage/Use is limited to one day's supply, quantity at the discretion of Fire Marshal Fire District 1 (South County Fire), 12425 Meridian Avenue S, Everett, WA 98208 / 425-551-1200 / www.firedistrictl.org Packet Pg. 90 6.5 City Council Agenda Item Meeting Date: 07/20/2021 May 2021 Monthly Financial Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation Informational only, no action needed. Narrative May 2021 Monthly Financial Report Attachments: May 2021 Monthly Financial Report Packet Pg. 91 I 6.5.a I OF EDP � d lac. 1 $9v CITY OF EDMONDS MONTHLY BUDGETARY FINANCIAL REPORT MAY 2021 Packet Pg. 92 1 I 6.5.a I Page 1 of 1 C ITY OF EDMO NDS REVENUES BY FUND - SUMMARY Fund 2021 Amended 5/31/2020 5/31/2021 Amount No. Title Budget Revenues Revenues Remaining %Receive 001 GENERAL FUND $ 42,450,777 $ 17,528,670 $ 20,122,774 $ 22,328,003 47 009 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 0 104 DRUG ENFORCEMENT FUND 165,370 63,280 1,235 164,135 1 Ill STREET FUND 1,722,360 607,473 568,982 1,153,378 33 - 112 COMBINED STREET CONS'T/IMPROVE 3,068,385 1,211,472 879,839 2,188,546 29 Q. 117 MUNICIPAL ARTS ACQUIS. FUND 165,060 13,251 13,726 151,334 8 d 118 MEMORIAL STREET TREE 270 161 336 (66) 124 v 120 HOTEL/MOTEL TAX REVENUE FUND 71,460 28,705 20,025 51,435 28 C 121 EMPLOYEE PARKING PERMIT FUND 25,240 9,772 10,112 15,128 40 u_ 21 122 YOUTH SCHOLARSHIP FUND 1,390 109 230 1,160 17 123 TOURISM PROMOTIONAL FUND/ARTS 24,000 9,500 7,667 16,333 32 c o M 125 REAL ESTATE EXCISE TAX 2 1,282,050 520,523 1,021,895 260,155 80 r 126 REAL ESTATE EXCISE TAX 1 1,285,240 518,993 1,015,701 269,539 79 N N 127 GIFTS CATALOG FUND 103,930 39,987 38,854 65,076 37 130 CEMETERY MAINTENANCE/IMPROVEMT 179,800 44,044 89,889 89,911 50 `' 136 PARKS TRUST FUND 2,200 1,326 2,768 (568) 126 o CL 137 CEMETERY MAINTENANCE TRUST FD 29,220 13,240 27,774 1,446 95 138 SISTER CITY COMMISSION 10,120 82 172 9,948 2 <a .v 140 BUSINESS IMPROVEMENT DISTRICT 79,239 36,801 53,100 26,139 67 141 AFFORDABLE AND SUPPORTIVE HOUSINGFUND 65,000 27,404 32,633 32,367 50 c LL 231 2012 LT GO DEBT SERVICE FUND 759,710 30,296 26,546 733,164 3 z 332 PARKS CAPITAL CONSTRUCTION FUND 1,392,520 546,482 297,266 1,095,254 21 C 411 COMBINED UTILITY OPERATION - 30,260 5,070 (5,070) 0 421 WATER UTILITY FUND 10,299,357 3,836,807 3,977,023 6,322,334 39 r p 1 N 422 STORM UTILITY FUND 6,265,225 2,625,382 3,138,690 3,126,535 50 423 SEWER/WWTP UTILITY FUND 2 31,130,450 5,788,730 10,964,836 20,165,614 35 2 424 BOND RESERVE FUND 1,985,870 6 4 1,985,866 0 w = d 511 EQUIPMENT RENTAL FUND 1,331,100 695,506 662,901 668,199 50 s 512 TECHNOLOGY RENTAL FUND 1,204,880 499,751 511,560 693,320 42 c� Q 617 FIREMEN'S PENSION FUND 67,270 52,602 - 67,270 0 $ 105,475,123 $ 34,780,618 $ 43,491,708 $ 61,983,415 41 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. 93 1 6.5.a Page 1 of 1 C ITY O F EDMO NDS EXPENDITURES BY FUND - SUMMARY Fund 2021 Amended 5/31/2020 5/31/2021 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 45,978,718 $ 17,123,820 $ 17,443,966 $ 28,534,752 389 009 LEOFF-MEDICAL INS. RESERVE 467,140 122,848 143,272 323,868 319 014 HISTORIC PRESERVATION GIFT FUND 5,900 - - 5,900 09 016 BUILDING MAINTENANCE FUND 210,222 - 210,222 09 017 MARSH RESTORATION & PRESERVATION FUND 20,000 16,149 3,851 819 018 EDMONDS HOMELESSNESS RESPONSE FUND 123,581 - 123,581 09 019 EDMONDS OPIOID RESPONSE FUND 28,445 - - 28,445 09 104 DRUG ENFORCEMENT FUND 45,800 25,966 - 45,800 09 Q. 111 STREET FUND 2,187,430 992,629 944,110 1,243,320 N 439 112 COMBINED STREET CONST/IMPROVE 2,862,297 340,971 718,973 2,143,324 259 •� V 117 MUNICIPAL ARTS ACQUIS. FUND 236,880 11,817 13,098 223,782 69 C 120 HOTEL/MOTEL TAX REVENUE FUND 87,150 18,216 16,876 70,274 199 j,L 121 EMPLOYEE PARKING PERMIT FUND 26,880 - - 26,880 09 s 122 YOUTH SCHOLARSHIP FUND 3,000 525 - 3,000 09 00 123 TOURISM PROMOTIONAL FUND/ARTS 29,900 508 - 29,900 09 125 REAL ESTATE EXCISE TAX 2 1,601,298 495,876 118,066 1,483,232 79 C 126 REAL ESTATE EXCISE TAX 1 2,053,911 705,083 335,001 1,718,910 169 A 127 GIFTS CATALOG FUND 100,900 7,892 10,981 89,919 tu 119 130 CEMETERY MAINTENANCE/IMPROVEMT 200,998 63,136 99,844 101,154 509 136 PARKS TRUST FUND 50,000 - - 50,000 09 O N 137 CEMETERY MAINTENANCE TRUST FUND 25,000 - - 25,000 09 d' 138 SISTER CITY COMMISSION 11,900 11 - 11,900 09 .v 140 BUSINESS IMPROVEMENT DISTRICT 76,340 25,871 20,149 56,191 269 C 231 2012 LT GO DEBT SERVICE FUND 759,700 - - 759,700 09 jL 332 PARKS CAPITAL CONSTRUCTION FUND 5,552,490 538,965 173,967 5,378,523 39 s 421 WATER UTILITYFUND 10,760,050 3,046,461 2,269,017 8,491,033 219 C O 422 STORM UTILITY FUND 7,293,890 3,261,298 1,779,846 5,514,044 249 423 SEWER/WWTP UTILITY FUND 40,492,284 4,620,128 8,783,826 31,708,458 r 229 c 424 BOND RESERVE FUND 1,985,870 - - 1,985,870 09 0, 511 EQUIPMENT RENTAL FUND 1,429,954 368,765 400,759 1,029,195 289 512 TECHNOLOGY RENTAL FUND 1,257,909 462,422 460,963 796,946 379 617 FIREMEN'S PENSION FUND 96,167 36,888 34,879 61,288 369 N E $ 126,062,004 $ 32,270,096 $ 33,783,742 $ 92,278,262 271 v 2 Packet Pg. 94 I 6.5.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 WA STATE TRAFFIC COMM GRANT 38 DOC FAC ROOFING 39 STATE GRANTS- BUDGET ONLY 40 PUD PRIVILEDGE TAX 41 ARCHIVES AND RECORDS MANAGEMENT 42 SCHOOL ZONE 43 CJ - POPULATION 44 TRIAL COURT IMPROVEMENT 45 CRIMINAL JUSTICE -SPECIAL PROGRAMS 46 MARIJUANA EXCISE TAX DISTRIBUTION 47 DUI - CITIES 48 FIRE INS PREMIUM TAX 49 LIQUOR EXCISE TAX 50 LIQUOR BOARD PROFITS 51 FIRST RESPONDERS FLEX FUND 52 DISCOVERY PROGRAMS TECHNOLOGY ACQ. 53 INTERLOCAL GRANTS 54 VERDANT INTERLOCAL GRANTS C ITY O F IDMO NDS REVENUES - GENERAL FUND 2021 Amended 5/31/2020 Budget Revenues 5/31/2021 Amount Revenues Remaining %Received $ 10,936,400 $ 4,978,294 $ 5,675,538 $ 5,260,862 52% 4,137,031 1,943,768 2,236,816 1,900,215 54% 500 12 1 499 0% 8,600,000 3,191,797 3,922,140 4,677,860 46% 7,600 3,395 5,022 2,578 66% 828,500 316,292 370,858 457,642 45% 1,710,000 854,417 872,875 837,125 51% 595,000 395,193 413,190 181,810 69% 364,000 151,670 140,370 223,630 39% 1,153,000 415,329 352,743 800,257 31% 894,600 366,461 380,108 514,492 42% 471,900 210,737 230,815 241,085 49% 722,000 270,429 331,723 390,277 46% 723,000 309,632 218,932 504,068 30% 55,200 33,660 38,156 17,044 69% 350 367 143 207 41% 295,900 83,319 77,762 218,138 26% 31,4949981 13,524,772 15,267,190 16,2279791 48 °/u 250 265 350 (100) 140% 700 80 - 700 0% 50,000 864 13,412 36,588 27% 702,700 343,270 338,231 364,469 48% 41,000 16,932 12,806 28,194 31% 100,600 39,115 32,964 675636 33% 434,000 174,817 82,609 351,392 19% 201,000 97,331 100,542 100,458 50% 585700 27,105 35,610 23,090 61% 30,000 - 14,440 15,560 48% 650,600 345,908 272,543 378,057 42% 22,000 7,380 7,821 14,179 36% 50,000 68,892 29,601 20,399 59% 20,000 6,009 6,757 13,243 34% 2,361,550 1,127,968 947,684 1,413,866 40% - 559 - - 0% 6,000 2,052 6,464 (464) 108% 4,000 - - 4,000 0% 7,100 - 916 6,184 13% - - 3,947 (3,947) 0% - - 3,448 (3,448) 0% - - 379,270 (379,270) 0% 198,000 - - 198,000 0% 210,500 - 210,500 0% - 3,829 - 0% - 825 - - 0% 13,070 6,393 6,757 6,313 52% 16,740 8,076 8,070 8,670 48% 45,600 22,946 24,120 21,480 53% 60,000 16,487 17,895 42,105 30% 4,500 - 42,983 (38,483) 955% - 2,766 3,335 (3,335) 0% 261,500 120,972 146,188 115,312 56% 343,200 84,632 83,909 259,292 24% 2,000 3,057 - 2,000 0% 550 - - 550 0% - - 27,216 (27,216) 0% - - 66,000 (66,000) 0% 1,172,760 272,592 820,517 352,243 70% O 0. N is C R C LL s C O N O N A ca O N 2 U C M C iL z r C O r N O N tv C N E s t� ev r w Q 3 2021 Local Retail Sales/Use Taxrevenues are $730,342 higher than 2020 revenues. Please also seepages pages 18 & 19. 3 Packet Pg. 95 6.5.a Page 2 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Revenues Revenues Remaining % Received CHARGES FOR GOODS AND SERVICES: 1 RECORD/LEGAL INSTRUMENTS $ 3,000 $ 1,899 $ 2,736 $ 265 910/( 2 ATM SURCHARGE FEES 600 37 43 557 70/( 3 CREDIT CARD FEES 11,000 3,647 2,405 8,595 220/( 4 COURT RECORD SERVICES 150 4 - 150 00/( 5 D/M COURT REC SER 300 40 - 300 00/c 6 DRE REIMBURSEABLE - 235 168 (168) 00/( 7 WARRANT PREPARATION FEE 4,000 2,161 98 3,902 20/c 8 IT TIME PAY FEE 1,000 345 293 707 290/( 9 MUNIC.-DIST. COURT CURR EXPEN 50 13 70 (20) 1400/( 10 SALE MAPS & BOOKS 100 9 - 100 00/( 11 CLERKS TIME FOR SALE OF PARKING PERMITS 25,100 - - 25,100 00/( 12 BID SUPPLIES REIMBURSEMENT 600 - - 600 00/, O 13 PHOTOCOPIES 1,000 346 173 827 170/( N 14 POLICE DISCLOSURE REQUESTS 500 - - 500 00/, 15 ENGINEERING FEES AND CHARGES 200,000 139,449 109,098 90,902 550/( cC 16 ELECTION CANDIDATE FILING FEES 1,400 - - 1,400 00/( V 17 CUSTODIAL SERVICES(SNO-ISLE) 85,000 47,273 34,942 50,058 410/( R 18 PASSP ORT S AND NAT URALIZAT ION FEES 10,000 5,795 - 10,000 00/( 19 POLICE SERVICES SPECIAL EVENTS 30,000 - - 30,000 00/( LL 20 CAMPUS SAFETY-EDM. SCH. DIST. 76,800 36,753 - 76,800 00/( s 21 WOODWAY-LAW PROTECTION 195,000 99,430 102,412 92,588 5301( 22 MISCELLANEOUS POLICE SERVICES - 20 - - 0°/ O 23 FIRE DISTRICT #1 STATION BILLINGS 57,000 34,273 33,108 23,892 58% 24 LEGAL SERVICES 1,050 225 132 918 130/( j 25 ADULT PROBATION SERVICE CHARGE 38,000 15,706 13,786 24,214 36°/ N 26 BOOKING FEES 3,000 1,107 408 2,592 140/( 27 FIRE CONSTRUCTION INSPECTION FEES 10,000 11,154 11,672 (1,672) 1170/( R 28 EMERGENCY SERVICE FEES 3,500 1,443 1,180 2,320 34% 29 EMS TRANSPORT USER FEE 1,007,500 504,820 465,101 542,399 460/( 30 FLEX FUEL PAYMENTS FROM STATIONS 2,500 1,118 1,382 1,118 5501( O 31 ANIMAL CONTROL SHELTER 50 - - 50 0% d 32 ZONING/SUBDIVISION FEE 65,600 38,880 43,648 21,953 670/( W 33 PLAN CHECKING FEES 350,900 128,295 235,979 114,921 67% �p 34 FIRE PLAN CHECK FEES 4,000 10,199 7,125 (3,125) 1780/( .v 35 PLANNING 1 % INSPECTION FEE 500 - - 500 00/( 36 S.E.P.A. REVIEW 3,000 1,480 1,480 1,520 490/( 37 CRITICAL AREA STUDY 14,000 8,112 6,655 7,345 480/( LL 38 GYM AND WEIGHT ROOM FEES 15,500 3,083 - 15,500 0% s 39 PROGRAMFEES4 900,662 53,799 197,480 703,183 220/( 40 TAXABLE RECREATION ACTIVITIES 1,300 - - 1,300 0°/ O z 41 WINTER MARKET REGISTRATION FEES 5,000 - 880 4,120 180/( 42 BIRD FEST REGISTRATION FEES 800 - - 800 0% N 43 INTERFUND REIMBURSEMENT -CONTRACT SVCS 2,892,106 1,133,557 1,411,560 1,480,546 490/( N 6,021,568 2,284,705 2,684,014 3,337,554 457% >, ca w C N t c� O r r Q 4 2021 Parks & Recreation Program Revenues are $143,681 higher than 2020 revenues. 4 Packet Pg. 96 1 6.5.a Page 3 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2021 Amended 5/31/2020 5/31/2021 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 $ 462 $ 1,231 $ 769 620/c 230,000 48,240 85,310 144,690 370/( 18,000 5,805 4,142 13,858 230/( 10,000 4,059 6,649 3,351 660/c 1,000 200 203 797 200/( 1,500 307 840 660 560/( 100,000 33,708 25,877 74,123 260/( 2,000 405 250 1,750 130/( 7,000 3,604 3,402 3,598 490/( 300 96 16 284 501( 100 3 59 41 590/( 1,500 1,002 749 751 5001( 25,000 8,693 6,030 18,970 240/( 2,000 945 693 1,307 350/( 700 158 51 649 70/( 100 37 12 88 120/( 10,000 4,259 574 9,426 60/( 800 235 115 685 140/( 1,000 329 70 930 7°/ 200 24 46 154 230/( 8,000 2,878 1,883 6,117 240/( 14,000 3,810 3,890 10,110 280/( 3,000 851 946 2,054 320/( 10,100 - - 10,100 00/( 150 - 187 (37) 125°/ 448,450 120,110 143,223 305,227 32°/ 155,090 87,159 139,409 15,681 900/( 9,980 7,955 3,600 6,380 360/( 3,400 3,304 2,792 608 820/( 153,000 20,230 17,079 135,921 110/( 2,100 380 - 2,100 0°/ 205,000 67,840 80,527 124,473 390/( 2,500 160 - 2,500 00/( 3,500 920 - 3,500 00/( 2,000 385 350 1,650 180/( 5,000 100 3,503 1,497 700/c 300 - - 300 00/( 3,000 - 3,340 (340) 1110/( 2,000 - - 2,000 00/( 2,000 - 102 1,898 501( 200 180 40 160 200/( - 16 19 (19) 00/( 5,000 5,936 4,322 678 860/( 100 15 38 62 38°/ 100 - 30 70 300/( - - 30 (30) 00/c 150 107 - 150 00/( 8,500 3,837 4,966 3,534 580/( 562,920 198,523 260,146 302,774 460/, 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 $ 17,528,670 $ 20,122,774 $ 22,328,003 470% O N C R C LL z C O N 0 N A w O Q N R C C M 21 s c O N 0 N cc C d s t� r w Q 5 Packet Pg. 97 I 6.5.a I Page 1 of 6 CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent GENERAL FUND EXPENDITURES (1) 1 SALARIES AND WAGES $ 17,545,152 $ 6,669,417 $ 7,049,798 $ 10,495,354 40 2 OVERTIME 491,580 209,155 237,408 254,172 48 3 HOLIDAY BUY BACK 281,329 1,450 1,951 279,378 1 4 BENEFITS 6,780,322 2,609,134 2,662,252 4,118,070 39 5 UNIFORMS 89,151 41,147 30,246 58,905 34 6 SUPPLIES 401,115 191,094 172,484 228,631 43 7 FUEL CONSUMED - - 17 (17) 0 8 SMALL EQUIPMENT 108,603 50,005 70,647 37,956 65 9 PROFESSIONAL SERVICES 15,037,824 5,356,929 5,389,065 9,648,759 36 10 COMMUNICATIONS 160,995 53,666 55,740 105,255 35 11 TRAVEL 68,760 4,997 6,081 62,679 9 12 EXCISE TAXES 6,500 3,885 9,187 (2,687) 141 13 RENTAL/LEASE 1,574,465 750,038 632,371 942,094 40 14 INSURANCE 403,973 393,746 405,121 (1,148) 100 15 UTILITIES 536,762 205,254 211,763 324,999 39 16 REPAIRS & MAINTENANCE 917,742 308,674 239,473 678,269 26 17 MISCELLANEOUS 507,715 191,177 220,361 287,354 43 18 INTERGOVERNMENTAL PAYMENTS 50,000 75,000 50,000 - 100 19 INTERFUND SUBSIDIES 932,880 - - 932,880 0 20 MACHINERY/EQUIPMENT 23,120 9,053 23,120 0 21 GENERAL OBLIGATION BOND PRINCIPAL 54,530 - 54,530 0 22 OTHER INTEREST & DEBT SERVICE COSTS 500 - 500 0 23 INTEREST ON LONG-TERM EXTERNAL DEBT 5,700 - 5,700 0 45,978,718 17,123,820 17,443,966 28,534,752 38 LEOFF-MEDICAL INS. RESERVE(009) 24 BENEFITS $ 206,650 $ 71,400 $ 89,347 $ 117,303 43 25 PENSION AND DISABILITY PAYMENTS 252,990 45,655 53,925 199,065 21 26 PROFESSIONAL SERVICES 7,000 5,793 - 7,000 0 27 MISCELLANEOUS 500 - - 500 0 467,140 122,848 143,272 S 323,868 31 HISTORIC PRESSERVATION GIFT FUND (014) 28 SUPPLIES $ 100 $ - $ - S 100 0 29 PROFESSIONAL SERVICES 200 200 0 30 MISCELLANEOUS 5,600 5,600 0 MARSH RESTORATION & PRESERVATION FUND (017) 31 PROFESSIONAL SERVICES $ 20,000 $ - $ 16,149 $ 3,851 81 20,000 - 16,149 3,851 81 BUILDING MAINTENANCEFUND (016) 32 INTERFUND SUBSIDIES $ 210,222 $ - $ - $ 210,222 0 210,222 - 210,222 0 EDMONDS HOMELESSNESS RESPONSEFUND (018) 33 PROFESSIONAL SERVICES $ 123,581 $ - $ $ 123,581 0 123,581 - 123,581 0 EDMONDS OPIOID RESPONSEFUND (019) 34 INTERFUND SUBSIDIES $ 28,445 $ - $ $ 28,445 0 28,445 - 28,445 0 DRUG ENFORCEMENTFUND (104) 35 PROFESSIONAL SERVICES $ 45,000 $ - $ $ 45,000 0 36 REPAIR/MAINT 800 - 800 0 37 MISCELLANEOUS - 25,966 - 0 45,800 25,966 45,800 0 Q 6 Packet Pg. 98 I 6.5.a I Page 2 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent STREETFUND (111) 1 SALARIES AND WAGES $ 728,690 $ 279,824 $ 309,006 $ 419,685 42 2 OVERTIME 18,400 19,447 17,419 981 95 3 BENEFITS 381,336 134,798 152,118 229,218 40 4 UNIFORMS 6,000 3,292 5,432 568 91 5 SUPPLIES 263,000 90,874 82,801 180,199 31 6 SMALL EQUIPMENT 20,000 684 770 19,230 4 7 PROFESSIONAL SERVICES 23,210 936 4,378 18,832 19 8 COMMUNICATIONS 4,500 3,092 2,391 2,109 53 9 TRAVEL 1,000 - - 1,000 0 10 RENTAL/LEASE 247,270 95,328 102,337 144,933 41 11 INSURANCE 148,436 156,937 148,533 (97) 100 12 UTILITIES 280,918 110,327 99,443 181,475 35 13 REPAIRS & MAINTENANCE 52,000 20,228 9,065 42,935 17 14 MISCELLANEOUS 8,000 1,203 10,417 (2,417) 130 15 MACHINERY/EQUIPMENT - 75,658 - - 0 16 GENERAL OBLIGATION BOND PRINCIPAL 4,220 - 4,220 0 17 INTEREST 450 - 450 0 $ 2,187,430 $ 992,629 $ 944,110 $ 1,243,320 43 COMBINED STREETCONST/IMPROVE(112) 18 PROFESSIONAL SERVICES $ 1,581,847 $ 86,250 $ 435,017 $ 1,146,830 28 19 REPAIR & MAINTENANCE 103,670 - - 103,670 0 20 MISCELLANEOUS - 8 - 0 21 INTERFUND SUBSIDIES 114,950 - - 114,950 0 22 LAND 33,000 - (842) 33,842 -3 23 CONSTRUCTION PROJECTS 955,000 180,559 211,005 743,995 22 24 INTERGOVERNMENTAL LOANS 72,220 72,201 72,201 19 100 25 INTEREST 1,610 1,952 1,591 19 99 $ 2,862,297 $ 340,971 $ 718,973 $ 2,143,324 25 MUNICIPAL ARTS ACQUIS. FUND (117) 26 SUPPLIES $ 4,700 $ 102 $ 265 $ 4,435 6 27 SMALL EQUIPMENT 1,700 (199) - 1,700 0 28 PROFESSIONAL SERVICES 221,500 10,995 11,922 209,578 5 29 TRAVEL 80 - - 80 0 30 RENTAL/LEASE 2,000 - 2,000 0 31 REPAIRS & MAINTENANCE 300 - - 300 0 32 MISCELLANEOUS 6,600 919 912 5,688 14 $ 236,880 $ 11,817 $ 13,098 $ 223,782 6 HO TEL/MO TEL TAX REVENUE FUND (120) 33 PROFESSIONAL SERVICES $ 83,150 $ 17,716 $ 16,876 $ 66,274 20 34 MISCELLANEOUS - 500 - - 0 35 INTERFUND SUBSIDIES 4,000 - - 4,000 0 $ 87,150 $ 18,216 $ 16,876 $ 70,274 19 EMPLOYEEPARE(ING PERMIT FUND (121) 36 SUPPLIES $ 1,790 $ - $ $ 1,790 0 37 PROFESSIONAL SERVICES 25,090 25,090 0 $ 26,880 $ - $ $ 26,880 0 YOUTH SCHOLARSHIP FUND (122) 38 MISCELLANEOUS $ 3,000 $ 525 $ $ 3,000 0 $ 3,000 $ 525 $ $ 3,000 0 TO URISM PRO MO TIO NAL FUND/ARTS (123) 39 PROFESSIONAL SERVICES $ 29,900 $ 508 $ $ 29,900 0 $ 29,900 $ 508 $ $ 29,900 0 r Q 7 Packet Pg. 99 I 6.5.a I Page 3 of 6 C ITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ESTATE EXCISE TAX (125) 1 SUPPLIES $ 121,000 $ 13,815 $ 26,431 $ 94,569 22 2 PROFESSIONAL SERVICES 195,626 122,214 38,094 157,532 19 3 REPAIRS & MAINTENANCE 105,000 32,549 12,046 92,954 11 4 INTERFUND SUBSIDIES 190 - - 190 0 5 CONSTRUCTION PROJECTS 1,179,482 327,299 41,495 1,137,987 4 $ 1,601,298 $ 495,876 $ 118,066 $ 1,483,232 7 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 $ 443,817 $ 140,621 $ 432,613 25 97,050 21,643 14,138 82,912 15 138,910 - - 138,910 0 983,137 239,623 180,242 802,895 18 144,530 - - 144,530 0 117,050 - - 117,050 0 $ 2,053,911 $ 705,083 $ 335,001 $ 1,718,910 16 $ 67,500 $ 7,724 $ 10,981 $ 56,519 16 6,500 - - 6,500 0 600 168 600 0 26,300 - - 26,300 0 $ 100,900 $ 7,892 $ 10,981 $ 89,919 11 $ 95,824 $ 34,017 $ 37,641 $ 58,183 39 3,500 176 249 3,251 7 40,472 15,218 16,276 24,196 40 1,000 - - 1,000 0 7,000 320 289 6,711 4 20,000 5,269 13,501 6,499 68 4,200 - 800 3,400 19 1,700 700 701 999 41 500 - - 500 0 16,650 3,429 6,938 9,713 42 5,652 1,682 1,671 3,981 30 500 - 19,211 (18,711) 3842 4,000 2,325 2,567 1,433 64 $ 200,998 $ 63,136 $ 99,844 $ 101,154 50 $ 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 $ 9,439 $ 273 $ 1,777 13 70,035 16,376 18,903 51,132 27 4,255 56 974 3,281 23 76,340 25,871 20,149 56,191 26 $ 677,990 $ - $ $ 677,990 0 81,710 - 81,710 0 $ 759,700 $ - $ $ 759,700 0 t O N !Y 2 C R C LL z C O N 0 N A R t O O. d C O C IL 21 z C O r N 0 N O C N 1= t c� O r r Q 8 Packet Pg. 100 I 6.5.a I Page 4 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS CONSTRUCTION FUND (332) 1 PROFESSIONAL SERVICES $ 113,453 $ 161,831 $ 88,129 $ 25,324 78 2 INTERFUND SUBSIDIES 44,000 - - 44,000 0 3 CONSTRUCTION PROJECTS 5,395,037 377,134 85,838 5,309,199 2 $ 5,552,490 $ 538,965 $ 173,967 $ 5,378,523 3 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 $ 793,475 $ 336,545 $ 279,505 $ 513,970 35 24,000 7,487 7,476 16,524 31 328,865 134,920 119,453 209,412 36 4,000 2,247 2,691 1,309 67 150,000 36,095 35,444 114,556 24 2,170,000 377,873 404,550 1,765,450 19 170,000 67,693 83,879 86,121 49 11,000 4,940 3,917 7,083 36 1,558,701 467,438 502,107 1,056,594 32 30,000 11,337 11,346 18,654 38 200 - - 200 0 1,649,700 585,432 533,294 1,116,406 32 124,630 54,472 51,147 73,483 41 97,844 52,541 98,196 (352) 100 35,775 12,752 12,746 23,029 36 258,130 19,039 11,030 247,100 4 123,600 64,882 78,367 45,233 63 644,130 - - 644,130 0 1,976,050 784,284 7,513 1,968,537 0 2,840 - - 2,840 0 385,100 - - 385,100 0 25,840 25,839 25,839 1 100 196,170 646 517 195,653 0 $ 10,760,050 $ 3,046,461 $ 2,269,017 $ 8,491,033 21 $ 723,700 $ 256,469 $ 293,430 $ 430,270 41 6,000 7,868 13,629 (7,629) 227 318,735 120,378 129,324 189,411 41 6,500 4,462 4,555 1,945 70 46,000 14,366 20,636 25,364 45 4,000 684 304 3,696 8 2,728,016 608,127 646,874 2,081,142 24 3,200 2,269 2,078 1,122 65 4,300 - 150 4,150 3 470,100 243,529 267,737 202,363 57 267,778 114,455 110,071 157,707 41 66,216 116,576 66,228 (12) 100 11,025 5,589 6,541 4,484 59 64,130 13,181 19,187 44,943 30 255,300 67,043 113,101 142,199 44 281,810 - - 281,810 0 1,581,000 1,653,438 25,974 1,555,026 2 103,340 - - 103,340 0 188,240 - - 188,240 0 53,590 32,063 53,576 14 100 110,910 802 6,450 104,460 6 $ 7,293,890 $ 3,261,298 $ 1,779,846 $ 5,514,044 24 Q 9 Packet Pg. 101 I 6.5.a I Page 5 of 6 CITY OF EBMO NDS EXPENDITURES BY FUND - DETAIL 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent SEWER FUND (423) 1 SALARIES AND WAGES $ 2,027,508 $ 821,945 $ 738,775 $ 1,288,733 36 2 OVERTIME 95,000 44,715 55,459 39,541 58 3 BENEFITS 871,564 353,362 326,266 545,298 37 4 UNIFORMS 8,500 6,541 7,806 694 92 5 SUPPLIES 404,000 132,247 181,030 222,970 45 6 FUEL CONSUMED 30,000 8,627 34,804 (4,804) 116 7 SUPPLIES PURCHASED FOR INV OR RESALE 4,000 - - 4,000 0 8 SMALL EQUIPMENT 35,000 16,385 72,416 (37,416) 207 9 PROFESSIONAL SERVICES 2,141,848 1,152,364 1,475,846 666,002 69 10 COMMUNICATIONS 43,000 15,292 16,111 26,889 37 11 TRAVEL 5,000 - 1,793 3,207 36 12 EXCISE TAXES 968,000 442,873 459,635 508,365 47 13 RENTAL/LEASE 329,898 139,960 162,475 167,423 49 14 INSURANCE 160,967 174,140 162,851 (1,884) 101 15 UTILITIES 1,979,985 382,631 537,547 1,442,438 27 16 REPAIR&MAINTENANCE 520,630 88,837 78,744 441,886 15 17 MISCELLANEOUS 129,350 40,433 61,364 67,986 47 18 INTERFUND SUBSIDIES 10,180,936 76,610 1,627,061 8,553,875 16 19 MACHINERY/EQUIPMENT - 110,760 - - 0 20 CONSTRUCTION PROJECTS 19,756,808 445,263 2,615,898 17,140,910 13 21 GENERAL OBLIGATION BONDS 157,060 - - 157,060 0 22 REVENUE BONDS 86,670 - - 86,670 0 23 INTERGOVERNMENTAL LOANS 173,900 158,325 158,667 15,233 91 24 INTEREST 382,660 6,419 5,506 377,154 1 25 DEBT ISSUE COSTS - - 1,518 (1,518) 0 26 OTHER INTEREST & DEBT SERVICE COSTS - 2,399 2,252 (2,252) 0 $ 40,492,284 $ 4,620,128 $ 8,783,826 $ 31,708,458 22 BOND RESERVEFUND (424) 27 REVENUE BONDS $ 785,020 $ - $ $ 785,020 0 28 INTEREST 1,200,850 - 1,200,850 0 $ 1,985,870 $ - $ $ 1,985,870 0 r Q 10 Packet Pg. 102 I 6.5.a I Page 6 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent EQUIPMENTRENTAL FUND (511) 1 SALARIES AND WAGES $ 272,384 $ 114,443 $ 114,037 $ 158,347 42 2 OVERTIME 2,000 606 1,573 427 79 3 BENEFITS 116,481 47,618 48,111 68,370 41 4 UNIFORMS 1,000 736 969 31 97 5 SUPPLIES 120,000 33,203 22,912 97,088 19 6 FUEL CONSUMED 1,000 - - 1,000 0 7 SUPPLIES PURCHASED FOR INVENTORY/RESALE 258,000 53,114 64,789 193,211 25 8 SMALL EQUIPMENT 58,000 955 5,979 52,021 10 9 PROFESSIONAL SERVICES 46,750 1,401 530 46,220 1 10 COMMUNICATIONS 3,000 913 877 2,123 29 11 TRAVEL 1,000 - - 1,000 0 12 RENTAL/LEASE 12,790 5,088 5,164 7,626 40 13 INSURANCE 40,910 40,270 39,334 1,576 96 14 UTILITIES 14,500 7,601 8,234 6,266 57 15 REPAIRS&MAINTENANCE 60,000 22,558 8,525 51,475 14 16 MISCELLANEOUS 12,000 3,048 6,953 5,047 58 17 MACHINERY/EQUIPMENT 410,139 37,211 72,772 337,367 18 $ 1,429,954 $ 368,765 $ 400,759 $ 1,029,195 28 TECHNOLOGY RENTAL FUND (512) 18 SALARIES AND WAGES $ 379,162 $ 114,067 $ 129,943 $ 249,219 34 19 OVERTIME 2,000 - 1,314 686 66 20 BENEFITS 127,657 39,062 43,581 84,076 34 21 SUPPLIES 5,000 1,146 2,571 2,429 51 22 SMALL EQUIPMENT 141,300 20,357 10,575 130,725 7 23 PROFESSIONAL SERVICES 171,460 43,494 17,652 153,808 10 24 COMMUNICATIONS 58,770 19,810 21,633 37,137 37 25 TRAVEL 1,500 207 - 1,500 0 26 RENTAL/LEASE 7,400 1,871 1,833 5,567 25 27 REPAIRS&MAINTENANCE 302,660 212,144 230,799 71,861 76 28 MISCELLANEOUS 5,000 10,264 1,061 3,939 21 29 MACHINERY/EQUIPMENT 56,000 - - 56,000 0 $ 1,257,909 $ 462,422 $ 460,963 $ 796,946 37 FIR]IVIEN'S PENSION FUND (617) 31 BENEFITS $ 24,560 $ 9,868 $ 12,911 $ 11,649 53 32 PENSION AND DISABILITY PAYMENTS 70,407 26,012 21,968 48,439 31 33 PROFESSIONAL SERVICES 1,200 1,007 - 1,200 0 $ 96,167 $ 36,888 $ 34,879 $ 61,288 36 TOTAL EXPENDITURE ALL FUNDS $ 126,062,004 $ 32,270,096 $ 33,783,742 $ 92,278,262 27 r Q 11 Packet Pg. 103 Page 1 of 1 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Expenditures Expenditures Remaining CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK FINANCE CITY ATTORNEY NON -DEPART MENTAL POLICE SERVICES COMMUNITY SERVICES/ECONOMIC DEV DEVELOPMENT SERVICES HUMAN SERVICES PROGRAM PARKS& RECREATION PUBLIC WORKS ADMINIST RATION FACILITIES MAINTENANCE Title %Spent $ 432,478 $ 133,074 $ 137,169 $ 295,309 32% 345,501 142,030 138,910 206,591 40% 837,176 283,462 319,298 517,878 38% 1,166,183 422,932 445,221 720,962 38% 757,055 321,093 328,247 428,808 43% 1,118,378 562,662 490,038 628,340 44% t' O 936,480 359,660 352,348 584,133 38% y 12,881,593 5,129,301 5,278,401 7,603,192 41% 12,217,071 4,601,807 4,751,092 7,465,979 39% R 624,198 210,066 198,730 425,468 32% S 3,585,738 1,151,071 1,185,423 2,400,315 33% 2% s 599,402 - 23,568 575,834 4% o 4,729,281 1,472,976 1,604,251 3,125,030 34% 3,305,285 1,331,050 1,334,684 1,970,601 40% p N 2,442,899 1,002,638 856,587 1,586,312 35% tu $ 45,978,718 $ 17,123,820 $ 17,443,966 $ 28,534,752 38% 1_ O Q N R U C ITY OF EDMO NDS c EXPENDITURES - UTILITY- BY FUND IN SUMMARY jL 2021 Amended 5/31/2020 5/31/2021 Amount z Budget Expenditures Expenditures Remaining %Spent C WATER UTILITY FUND $ 10,760,050 $ 3,046,461 $ 2,269,017 $ 8,491,033 n 21% r STORM UTILITY FUND 7,293,890 3,261,298 1,779,846 5,514,044 24% N N SEWER/WWTP UTILITY FUND 40,492,284 4,620,128 8,783,826 31,708,458 22% BOND RESERVE FUND 1,985,870 - - 1,985,870 n 0% ;.; $ 60,532,094 $ 10,927,887 $ 12,832,689 $ 47,699,405 21% N E t t� O r r Q 12 Packet Pg. 104 Page 1 of 4 C ITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title 2021 Amended Budget 5/31/2020 Expenditures 5/31/2021 Expenditures Amount Remaining %Spent CITY COUNCIL SALARIES $ 199,052 $ 78,238 $ 83,172 $ 115,880 42% OVERTIME 1,000 - - 1,000 0% BENEFITS 118,713 40,694 43,547 75,166 37% SUPPLIES 2,000 1,484 498 1,502 25% SMALL EQUIPMENT - - 1,159 (1,159) 0% PROFESSIONAL SERVICES 62,160 3,377 - 62,160 0% COMMUNICATIONS 3,000 2,865 3,217 (217) 107% TRAVEL 6,700 587 - 6,700 0% RENTAL/LEASE 12,368 5,138 5,141 7,227 42% REPAIRS✓MAINTENANCE 500 645 - 500 0% MISCELLANEOUS 26,985 48 435 26,550 2% $ 432,478 $ 133,074 $ 137,169 $ 295,309 32% OFFICEOFMAYOR SALARIES $ 229,512 $ 93,449 $ 95,623 $ 133,889 42% BENEFITS 85,243 36,253 35,211 50,032 41% SUPPLIES 1,500 460 246 1,254 16% SMALL EQUIPMENT - 4,199 - - 0% PROFESSIONAL SERVICES 3,000 420 194 2,806 6% COMMUNICATION 1,400 399 543 857 39% TRAVEL 3,000 153 - 3,000 0% RENTAL/LEASE 17,396 6,584 6,850 10,546 39% MISCELLANEOUS 4,450 113 243 4,207 5% $ 345,501 $ 142,030 $ 138,910 $ 206,591 40% HUMAN RESOURCES SALARIES $ 387,048 $ 153,011 $ 177,442 $ 209,606 46% OVERTIME - 213 911 (911) 0% BENEFITS 154,430 59,926 66,721 87,709 43% SUPPLIES 13,300 2,832 697 12,603 5% SMALL EQUIPMENT 300 893 198 102 66% PROFESSIONAL SERVICES 205,000 25,406 32,828 172,172 16% COMMUNICATIONS 1,550 507 553 997 36% TRAVEL 1,500 500 - 1,500 0% RENTAL/LEASE 36,102 12,855 14,232 21,870 39% REPAIR/MAINTENANCE 8,380 7,832 8,067 313 96% MISCELLANEOUS 29,566 19,487 17,648 11,918 60% $ 837,176 $ 283,462 $ 319,298 $ 517,878 38% MUNIC IPAL C O URT SALARIES $ 651,167 $ 263,057 $ 266,766 $ 384,401 41% OVERTIME 800 70 16,304 (15,504) 2038% BENEFITS 243,859 98,102 94,471 149,388 39% SUPPLIES 10,600 1,875 3,065 7,535 29% SMALL EQUIPMENT 1,000 - - 1,000 0% PROFESSIONAL SERVICES 124,925 21,402 24,530 100,395 20% COMMUNICATIONS 3,550 817 1,395 2,155 39% TRAVEL 6,500 37 - 6,500 0% RENTAL/LEASE 70,682 28,828 28,948 41,734 41% REPAIR/MAINTENANCE 4,880 645 - 4,880 0% MISCELLANEOUS 25,100 8,098 9,742 15,358 39% MACHINERY/EQUIPMENT 23,120 23,120 0% $ 1,166,183 $ 422,932 $ 445,221 $ 720,962 38% 13 Packet Pg. 105 1 I 6.5.a I Page 2 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent CITY CLERK SALARIES AND WAGES $ 397,226 $ 170,571 $ 166,661 $ 230,565 42% BENEFITS 169,669 68,747 67,480 102,189 40% SUPPLIES 7,000 2,412 530 6,470 8% SMALL EQUIPMENT - 1,003 - - 0% PROFESSIONAL SERVICES 34,200 10,449 17,170 17,030 50% COMMUNICATIONS 33,000 4,040 9,192 23,808 28% TRAVEL 1,980 6 - 1,980 0% RENTAL/LEASE 55,980 22,742 20,291 35,689 36% REPAIRS&MAINTENANCE 48,000 38,661 43,889 4,111 91% MISCELLANEOUS 10,000 2,461 3,035 6,965 30% $ 757,055 $ 321,093 $ 328,247 $ 428,808 43% FINANCE SALARIES $ 743,908 $ 370,628 $ 309,094 $ 434,814 42% OVERTIME 4,500 - - 4,500 0% BENEFITS 240,564 120,001 101,366 139,198 42% SUPPLIES 7,350 1,267 1,481 5,869 20% SMALL EQUIPMENT 2,650 - 557 2,093 21% PROFESSIONAL SERVICES 9,300 38 91 9,209 1% COMMUNICATIONS 2,000 332 289 1,711 14% TRAVEL 3,100 - - 3,100 0% RENTAL/LEASE 55,176 24,717 26,930 28,246 49% REPAIR/MAINTENANCE 41,480 43,963 45,422 (3,942) 110% MISCELLANEOUS 8,350 1,717 4,808 3,542 58% $ 1,118,378 $ 562,662 $ 490,038 $ 628,340 44% CITY ATPO RNEY PROFESSIONAL SERVICES $ 936,480 $ 359,660 $ 352,348 $ 584,133 38% $ 936,480 $ 359,660 $ 352,348 $ 584,133 38% NON -DEPARTMENTAL SALARIES $ 101,750 $ - $ - $ 101,750 0% BENEFITS -UNEMPLOYMENT 50,000 335 24,849 25,151 50% SUPPLIES 5,000 1,339 1,152 3,848 23% PROFESSIONAL SERVICES 11,168,050 4,585,597 4,704,654 6,463,396 42% EXCISE TAXES 6,500 3,885 9,187 (2,687) 141% RENTAL/LEASE 6,366 6,776 2,240 4,126 35% INSURANCE 403,973 393,746 405,121 (1,148) 100% MISCELLANEOUS 96,344 62,622 81,198 15,146 84% 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 $ 5,129,301 $ 5,278,401 $ 7,603,192 41% r Q 14 Packet Pg. 106 Page 3 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Expenditures Expenditures Remaining %Spent POLICE SERVICES SALARIES $ 7,406,813 $ 2,736,619 $ 2,952,506 $ 4,454,307 40% OVERTIME 461,280 192,757 213,465 247,815 46% HOLIDAY BUYBACK 281,329 1,450 1,951 279,378 1% BENEFITS 2,900,495 1,108,265 1,094,234 1,806,262 38% UNIFORMS 78,926 34,619 25,483 53,443 32% SUPPLIES 90,500 50,940 54,793 35,707 61% FUEL CONSUMED - - 17 (17) 0% SMALL EQUIPMENT 78,953 37,805 58,246 20,707 74% PROFESSIONAL SERVICES 126,220 65,539 41,371 84,849 33% COMMUNICATIONS 36,000 15,155 15,490 20,510 43% TRAVEL 29,310 2,325 6,081 23,229 21% Q. RENTAL/LEASE 651,715 341,558 270,088 381,627 41% Q) REPAIR/MAINTENANCE 15,180 2,123 3,288 11,892 22% MISCELLANEOUS 60,350 12,651 14,080 46,270 23% 2 $ 12,217,071 $ 4,601,807 $ 4,751,092 $ 7,465,979 39% 0 C COMMUNITY SERVICFS/ECON DEV. R C SALARIES $ 312,977 $ 124,192 $ 121,109 $ 191,868 39% IL OVERTIME - - - - 0% BENEFITS 91,455 36,736 36,570 54,885 40% ys., SUPPLIES 2,275 6,662 111 2,164 5% SMALL EQUIPMENT 800 1,516 - 800 0% PROFESSIONAL SERVICES 170,400 31,375 27,332 143,068 16% COMMUNICATIONS 3,175 499 883 2,292 28% o TRAVEL 2,000 1,020 - 2,000 0% 4 RENTAL/LEASE 21,116 4,889 8,119 12,997 38% cu REPAIR/MAINTENANCE 10,500 - - 10,500 0% MISCELLANEOUS 9,500 3,179 4,607 4,893 48% �+ $ 624,198 $ 210,066 $ 198,730 $ 425,468 32% O DEVELO PMINT SERVIC ES/PLANNING SALARIES $ 1,846,548 $ 713,243 $ 736,032 $ 1,110,516 40% OVERTIME 1,300 10,881 - 1,300 0% ,O BENEFITS 684,621 260,694 268,969 415,652 39% UNIFORMS 500 - - 500 0% SUPPLIES 12,100 4,294 2,422 9,678 20% IL SMALL EQUIPMENT 7,300 691 602 6,698 8% PROFESSIONAL SERVICES 825,499 67,310 85,568 739,931 10% s COMMUNICATIONS 9,000 3,369 4,698 4,302 52% C TRAVEL 7,300 228 - 7,300 0% 0 RENTAL/LEASE 135,710 71,136 55,259 80,451 41% r REPAIRS&MAINTENANCE 6,800 - 643 6,157 9% G MISCELLANEOUS 49,060 19,224 31,229 17,831 64% N MACHINERY/EQUIPMENT - - - - 0% $ 3,585,738 $ 1,151,071 $ 1,185,423 $ 2,400,315 33% ENGINEERING SALARIES $ 1,786,020 $ 726,591 $ 733,626 $ 1,052,394 41% N OVERTIME 5,000 1,894 408 4,592 8% E BENEFITS 735,787 293,128 295,252 440,535 40% V UNIFORMS 450 - - 450 0% w SMALL EQUIPMENT 2,200 868 795 1,405 36% Q PROFESSIONAL SERVICES 13,840 1,530 - 13,840 0% COMMUNICATIONS 19,600 5,536 5,948 13,652 30% TRAVEL 600 92 - 600 0% RENTAL/LEASE 146,935 55,090 58,837 88,098 40% REPAIR/MAINTENANCE 2,600 458 - 2,600 0% MISCELLANEOUS 80,000 32,920 27,359 52,641 34% $ 2,793,032 $ 1,118,106 $ 1,122,224 $ 1,670,808 40% 15 Packet Pg. 107 I 6.5.a I Page 4 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2021 Amended 5/31/2020 5/31/2021 Amount Title Budget Expenditures Expenditures Remaining % Spent HUMAN SERVICES PROGRAM SALARIES $ 79,510 $ - $ 18,434 $ 61,076 23% OVERTIME - - 581 (581) 0% BENEFITS 18,392 - 4,352 14,040 24% SUPPLIES 1,000 - - 1,000 0% SMALL EQUIPMENT 500 - - 500 0% PROFESSIONAL SERVICES 500,000 - - 500,000 0% COMMUNICATIONS - - 201 (201) 0% 599,402 - 23,568 575,834 4% PARKS & REC REATIO N SALARIES $ 2,319,689 $ 784,464 $ 928,829 $ 1,390,860 40% OVERTIME 10,000 1,366 1,804 8,196 18% BENEFITS 822,471 299,886 341,738 480,733 42% UNIFORMS 6,275 2,094 1,617 4,658 26% SUPPLIES 127,890 62,609 59,036 68,854 46% SMALL EQUIPMENT 10,900 1,949 1,379 9,521 13% PROFESSIONAL SERVICES 785,550 86,147 77,749 707,801 10% COMMUNICATIONS 31,370 11,072 4,187 27,183 13% TRAVEL 5,270 50 - 5,270 0% RENTAL/LEASE 251,549 108,491 90,813 160,736 36% PUBLICUTILITY 230,507 61,894 72,403 158,104 31% REPAIR/MAINTENANCE 29,700 16,593 - 29,700 0% MISCELLANEOUS 98,110 27,310 24,697 73,413 25% MACHINERY/EQUIPMENT - 9,053 0% $ 4,729,281 $ 1,472,976 $ 1,604,251 $ 3,125,030 34% PUBLIC WORKS ADMINIS TRATIO N SALARIES $ 299,962 $ 124,963 $ 124,742 $ 175,220 42% OVERTIME 200 - - 200 0% BENEFITS 106,903 44,387 44,170 62,733 41% SUPPLIES 8,600 1,394 1,361 7,239 16% SMALL EQUIPMENT 1,000 264 5,502 (4,502) 550% PROFESSIONAL SERVICES 200 67 45 155 23% COMMUNICATIONS 1,350 295 313 1,037 23% TRAVEL 500 - - 500 0% RENTAL/LEASE 84,320 40,008 34,603 49,717 41% PUBLIC UTILITY 3,318 1,471 1,647 1,671 50% REPAIR/MAINTENANCE 1,000 - - 1,000 0% MISCELLANEOUS 4,900 96 77 4,823 2% $ 512,253 $ 212,944 $ 212,461 $ 299,793 41% FACILITIES MAINTENANCE SALARIES 783,970 330,391 335,762 448,208 43% OVERTIME 7,500 1,974 3,936 3,564 52% BENEFITS 357,720 141,982 143,323 214,397 40% UNIFORMS 3,000 4,434 3,147 (147) 105% SUPPLIES 112,000 53,525 47,093 64,907 42% SMALL EQUIPMENT 3,000 818 2,208 792 74% PROFESSIONAL SERVICES 73,000 98,612 25,185 47,815 34% COMMUNICATIONS 16,000 8,781 8,831 7,169 55% TRAVEL 1,000 - - 1,000 0% RENTAL/LEASE 29,050 21,225 10,021 19,029 34% PUBLIC UTILITY 302,937 141,890 137,714 165,223 45% REPAIR/MAINTENANCE 748,722 197,755 138,164 610,558 18% MISCELLANEOUS 5,000 1,250 1,203 3,797 24% $ 2,442,899 $ 1,002,638 $ 856,587 $ 1,586,312 35% TOTAL GENERAL FUND EXPENDITURES $ 45,978,718 $ 17,123,820 $ 17,443,966 $ 28,534,752 38% w Q 16 Packet Pg. 108 6.5.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 11,029,475 8.40% May 18,374,709 8,199,670 20,122,774 9.51% 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 1,478,072 111.76% May 895,413 197,424 1,949,651 117.74% 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. O sZ N C R C LL t W a O N O N O m U a M C LL t r C O r N O N fC C N t C� r r Q 17 Packet Pg. 109 1 SALES TAX SUMMARY I 6.5.a I Sales Tax Analysis By Category Current Period: May 2021 Year -to -Date Total $3,922,140 Automotive Repair, Health & Personal Care, 9,681 $105,734 Amusement & Construction Trade, Recreation, $18,976 $568,220 Accommodation, $8,332 Clothing and Accessories,$132,832 Communications, $101,519 _. iness Services, $420,015 _ Gasoline, $15,534 Retail Food Stores, $141,059 Wholesale Trade, LRetail Automotive, $157,167 $949,791 IManufacturing, $52,407 Misc Retail, $767,358 Others, $72,815 Eating & Drinking, $330,699 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 $3,922,140 2,000, 000 --Irl 0- M 0 N N N 201 2018 2019 2020 YTD 2021 Q 18 Packet Pg. 110 I 6.5.a I City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2021 Sales and Use Tax Cumulative Budget Forecast Monthly 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 3,041,781 13.59% May 3,379,279 701,409 3,922,140 16.06% 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 66,501 350,366 10.37% May 368,586 51,139 413,190 12.10% 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 Gas Utility Tax 700,000 600,000 500,000 400,000 300,000 200,000 100,000 Koz 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Yeaz Budget Prior Yeaz *The monthly budget forecast columns are based on a five-year average. O O. N 2 C R C LL t C O N O N O Q N R U a M a LL 21 t r C O r N O N fC C N E t C� O r r Q 19 Packet Pg. 111 I 6.5.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 66,823 190,824 -28.24% May 325,636 59,728 218,932 -32.77% 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 Yeaz 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 730,293 183,656 721,208 -1.24% May 873,813 143,520 872,875 -0.11% 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 Electric Utility Tax 1,800,000 1,600,000 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 -0- Current Year Budget - Prior Year *The monthly budget forecast columns are based on a five-year average. 20 Packet Pg. 112 I 6.5.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 2,730,111 3.62% May 3,397,533 762,799 3,527,366 3.82% 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 1,926,094 -1.24% May 2,323,204 383,901 2,307,849 -0.11% 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 Storm Water Sales 5,500,000 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 --6-- Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O O. N C R C LL t C O N O N O m U a M C LL t r C O N O N fC C N E t C� r r Q 21 Packet Pg. 113 I 6.5.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 2,976,527 -3.32% May 3,923,269 844,563 3,802,264 -3.08% 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. 114 I 6.5.a I City of Edmonds, WA Monthly Expenditure Report -General Fund 2021 General Fund Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 4,845,167 $ 4,845,167 $ 4,488,492 -7.36% February 8,240,292 3,395,126 7,637,016 -7.32% March 11,746,201 3,505,909 11,022,804 -6.16% April 15,231,541 3,485,340 14,232,961 -6.56% May 18,483,451 3,251,910 17,443,966 -5.62% June 22,684,269 4,200,818 July 26,549,767 3,865,498 August 30,224,810 3,675,044 September 33,657,349 3,432,539 October 37,442,814 3,785,464 November 41,528,072 4,085,259 December 45,978,718 4,450,646 City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2021 Non -Departmental Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % 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 4,484,023 -5.34% May 5,415,966 679,234 5,278,401 -2.54% 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. r Q 23 Packet Pg. 115 1 I 6.5.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 30,882 110,738 -9.47% May 163,149 40,826 137,169 -15.92% 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 28,992 111,352 -3.88% May 144,377 28,530 138,910 -3.79% 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. O sZ N C R C LL t y+ C O tV O N O m U a M c LL 21 t r C O r N O tV fC C N E t t) r Q 24 Packet Pg. 116 I 6.5.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 60,679 252,612 -3.87% May 326,332 63,541 319,298 -2.16% 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 Municipal Court Human Resources 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 Yeaz Budget Prior Year City of'Edmonds, WA Monthly Expenditure Report -Municipal Court 2021 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 88,422 $ 88,422 $ 93,953 6.26% February 185,102 96,680 183,450 -0.89% March 279,267 94,165 275,717 -1.27% April 374,976 95,709 359,370 -4.16% May 477,911 102,935 445,221 -6.84% June 568,960 91,049 July 663,035 94,076 August 760,661 97,626 September 855,256 94,594 October 954,530 99,275 November 1,047,855 93,324 December 1,166,183 118,328 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. O Q N f� .0 C R C LL t a+ C O N O N ca O rL d R U C C LL t Y O r N O N C N E t V M a+ Y Q 25 Packet Pg. 117 I 6.5.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 $ 41,233 $ 41,233 $ 43,221 4.82% February 88,221 46,989 85,831 -2.71% March 135,256 47,034 130,319 -3.65% April 184,259 49,003 157,909 -14.30% May 233,650 49,391 198,730 -14.95% June 281,295 47,646 July 332,496 51,200 August 387,551 55,056 September 434,722 47,170 October 487,409 52,687 November 550,406 62,997 December 624,198 73,792 City Clerk Community Services/Economic Development 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 -0-- Current Year Budget -d-- Prior Year City of Edmonds, WA Monthly Expenditure Report -City Clerk 2021 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 73,276 $ 73,276 $ 78,859 7.62% February 133,953 60,677 139,396 4.06% March 196,194 62,241 209,183 6.62% April 261,901 65,707 272,337 3.98% May 322,071 60,170 328,247 1.92% June 380,379 58,308 July 444,659 64,280 August 511,894 67,234 September 567,756 55,862 October 625,324 57,568 November 692,090 66,766 December 757,055 64,965 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. O sZ N F� C R C LL 21 t y+ C O 2 T_ N O N O m U C M c LL t r C O r N O N fC C N 1= t t) r Q 26 Packet Pg. 118 I 6.5.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 $ 136,722 $ 136,722 $ 117,002 -14.42% February 290,515 153,792 168,294 -42.07% March 386,224 95,709 350,229 -9.32% April 453,827 67,604 404,389 -10.89% May 542,997 89,170 460,963 -15.11% June 634,330 91,333 July 713,918 79,588 August 806,613 92,695 September 902,103 95,490 October 985,360 83,257 November 1,067,005 81,645 December 1,257,909 190,904 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 $ 116,793 $ 116,793 $ 137,736 17.93% February 202,688 85,896 226,074 11.54% March 289,766 87,077 314,260 8.45% April 377,999 88,233 402,835 6.57% May 466,613 88,615 490,038 5.02% June 576,420 109,807 July 670,117 93,697 August 756,308 86,191 September 853,460 97,152 October 943,512 90,052 November 1,030,441 86,929 December 1,118,378 87,937 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 M C R C_ LL t y+ C O N O N O m U a M a LL t r C O r N O N M C N E t C� O r r Q 27 Packet Pg. 119 I 6.5.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 78,040 282,407 -9.53% May 390,200 78,040 352,348 -9.70% 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 Actuals Variance % January $ 948,663 $ 948,663 $ 992,942 4.67% February 1,933,831 985,168 1,856,572 -4.00% March 2,901,114 967,283 2,871,535 -1.02% April 3,878,067 976,953 3,802,023 -1.96% May 4,844,411 966,345 4,751,092 -1.93% June 5,873,421 1,029,009 July 6,905,785 1,032,364 August 7,852,686 946,901 September 8,847,063 994,377 October 9,934,749 1,087,687 November 11,184,244 1,249,495 December 12,217,071 1,032,827 Police 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 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. O O. N C R C LL t C O tV O N O Q N R U C M C LL z r C O r N O tV fC C N E t t) r r Q Z$ Packet Pg. 120 I 6.5.a I City of Edmonds, WA Monthly Expenditure Report -Development Services 2021 Development Services Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 256,049 $ 256,049 $ 219,157 -14.41% February 537,665 281,616 448,394 -16.60% March 818,171 280,505 690,769 -15.57% April 1,116,880 298,709 934,573 -16.32% May 1,419,687 302,807 1,185,423 -16.50% June 1,698,802 279,115 July 2,000,438 301,636 August 2,308,559 308,121 September 2,606,786 298,227 October 2,898,446 291,660 November 3,237,188 338,742 December 3,585,738 348,550 Parks & 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 --*-- Current Yeaz Budget � Prior Year City of'Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2021 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 319,744 $ 319,744 $ 308,283 -3.58% February 651,727 331,983 655,977 0.65% March 1,004,599 352,872 971,861 -3.26% April 1,371,174 366,574 1,273,239 -7.14% May 1,749,534 378,360 1,604,251 -8.30% June 2,129,825 380,291 July 2,608,624 478,799 August 3,159,845 551,221 September 3,607,041 447,196 October 3,989,956 382,916 November 4,323,317 333,361 December 4,729,281 405,964 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 fool 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 C R C LL t y+ C O N O N O SZ N R U a M a LL t r C O r N O N C N E t t� O r r Q 29 Packet Pg. 121 I 6.5.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 $ 42,089 $ 42,089 $ 40,605 -3.53% February 84,997 42,908 81,720 -3.86% March 127,527 42,530 123,465 -3.19% April 170,261 42,734 170,658 0.23% May 213,078 42,817 212,461 -0.29% June 256,751 43,673 July 300,611 43,860 August 343,101 42,490 September 385,406 42,305 October 426,793 41,387 November 468,729 41,936 December 512,253 43,524 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 Yeaz Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2021 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 167,724 $ 167,724 $ 142,909 -14.80% February 348,879 181,155 294,332 -15.63% March 533,264 184,385 528,741 -0.85% April 706,629 173,365 711,450 0.68% May 894,239 187,611 856,587 -4.21% June 1,043,804 149,565 July 1,223,905 180,101 August 1,414,941 191,036 September 1,622,246 207,305 October 1,898,737 276,491 November 2,125,911 227,174 December 2,442,899 316,988 Facilities Maintenance 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 Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O O. N M C R C_ LL t y+ C O N O N O m U a M a LL t r C O r N O N M C N t C� M r Q 30 Packet Pg. 122 I 6.5.a I City of Edmonds, WA Monthly Expenditure Report -Engineering 2021 Engineering Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 212,668 $ 212,668 $ 218,316 2.66% February 423,271 210,602 436,144 3.04% March 652,974 229,703 661,498 1.31% April 890,809 237,835 888,001 -0.32% May 1,130,883 240,074 1,122,224 -0.77% June 1,371,946 241,063 July 1,617,159 245,213 August 1,869,308 252,149 September 2,101,156 231,848 October 2,337,410 236,254 November 2,559,700 222,290 December 2,793,032 233,332 Engine a ring 3,000,000 2,500,000 21000,000 1,500,000 1,000,000 500,000 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. 31 Packet Pg. 123 I 6.5.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of May 31, 2021 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Price Maturity Value Value Date Rate Grant Cnty WA Bonds 410,553 0.59 405,000 408,839 01/01/22 1.79% FFCB Bonds 1,998,548 1.04 2,000,000 2,038,164 06/14/22 1.88% Energy Northwest Bonds 1,466,077 1.08 1,345,000 1,416,689 07/01/22 5.00% Energy Northwest Bonds 260,748 1.08 250,000 257,400 07/01/22 2.95% Mason & Kitsap Cnty WA Bonds 948,084 1.50 855,000 916,517 12/01/22 5.00% Grant Cnty WA Bonds 1,517,955 1.59 1,500,000 1,530,750 01/01/23 1.54% Grant Cnty WA Bonds 576,332 1.59 520,000 559,629 01/01/23 5.00% Seattle WA Muni Bonds 2,224,500 1.67 2,000,000 2,162,780 02/01/23 5.00% FHLB Bonds 1,996,590 2.35 2,000,000 1,998,848 10/05/23 0.22% First Financial - ECA CD 2,803,516 2.46 2,803,516 2,803,516 11/15/23 2.08% Kent WA Bonds 286,648 2.50 250,000 279,650 12/01/23 5.00% Spokane County WA Bonds 259,075 3.51 250,000 263,378 12/01/24 2.10% First Financial - Waterfront Center CD 2,000,000 6.42 2,000,000 2,000,000 11/01/27 0.25% TOTAL SECURITIES 16,748,624 2.11 16,178,516 16,636,160 Washington State Local Gov't Investment Pool 30,011,702 30,011,702 Demand 0.08% Snohomish County Local Gov't Investment Pool 25,257,199 25,257,199 Demand 1.29% TOTAL PORTFOLIO $ 71,447,417 $ 71,905,061 Kent WA, Issuer Diversification Seattle WA 2% Muni, 12% Mason & Kitsap Cnty, First WA, 5% Financial - CD, 30% Grant Cnty Spokane WA, 15% County y Energy FFCB, 12% WA, 2% 12 /° Northwest, 10% Cash and Investment Balances Checking, (in $ Millions) _ $1.9 , 3% Bonds, $11.4, 15% CD's, $4.8, 7% State LGIP, $30.0, 41% County LGIP, $25.3, 34% } 32 Packet Pg. 124 1 I 6.5.a I INVESTMENT PORTFOLIO SUMMARY Annual Interest Income $1,400, 000 $1,236,875 $1,200,000 $1,000,000 $947,931 $800,000 $635,781 $600,000 423,799 $481279 $400,000 $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 -- - - -- - - - - - June August October December February April Maturity Distribution and Rate of Return $6,000,000 5.00% $ 5,000, 000 4.00% $4,000,000 3.00% $3,000,000 $ 2,000, 000 2.00 $1,000,000 — 1.00% $- - T 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 Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo Mo 0 a d c R c ii 21 z c 0 N O N 0 m v a M c ii A z c 0 N O N fC a+ C N Q 33 Packet Pg. 125 6.5.a GENERAL FUND OVERVIEW BALANCES CHANGE IN FUND BALANCES GENERAL FUND ---- ACTUAL ---- ---- ACTUAL ---- & SUBFUNDS 5/31 /2021 5/31 /2021 Q1 YTD Fund Balance Cash Balance 001-General Fund $ 16,547,553 $ 10,426,743 $ 2,678,807 $ 2,678,807 009-Leoff-Medical Ins. Reserve 393,904 407,493 (143,272) (143,272 012-Contingency Reserve Fund 1,782,149 1,782,150 - - 0 014-Historic Preservation Gift Fund 17,188 17,189 - - 016-Building Maintenance 210,221 210,221 - - 017 - Marsh Restoration & Preservation 848,567 848,566 (16,049) (16,049 r- 018 -Edmonds Homelessness Response 123,581 123,581 - - ii 019 - Edmonds Opioid Response 28,445 28,445 - - >+ t Total General Fund & Subfunds $ 19,951,608 $ 13,844,387 $ 2,519,486 $ 2,519,486 c *$2,000,000 of the General Fund Balance has been assigned by management for the development of Civic Field. N *$7,267,031of the fund balance in Fund 001 added to the $1,768,863 balance in Fund 012, represent the required 20% N operating reserve. 1` 0 GOVERNMENTAL FUNDS OVERVIEW 2 U U_ CHANGE IN FUND 2' FUND BALANCES BALANCES 0 GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- 2 FUNDS 5/31 /2021 5/31 /2021 Q1 YTD c Fund Balance Cash Balance N 0 General Fund & Subfunds $ 19,951,608 $ 13,844,387 $ 2,519,486 $ 2,519,486 Special Revenue 12,498,039 11,146,871 1,507,838 1,507,838 y Debt Service 26,546 26,546 - 26,546 Capital Projects 6,276,810 6,086,215 123,299 123,299 Q Total Governmental Funds $ 38,753,003 $ 31,104,019 $ 4,150,624 $ 4,177,170 *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. 126 6.5.a SPECIAL REVENUE FUNDS OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL ---- ---- ACTUAL ---- GOVERNMENTAL SPECIAL REVENUE 5/31/2021 5/31/2021 Q1 YTD Fund Balance Cash Balance 104 - Drug Enforcement Fund $ 75,537 $ 75,150 $ 1,235 $ 1,235 1 1 1 - Street Fund 763,282 607,078 (375,128) (375,128 112 - Combined Street Const/Im prove 2,242,529 1,711,449 160,866 160,866 117 - Municipal Arts Acquis. Fund 683,355 678,751 628 628 0 118 - Memorial Street Tree 20,554 20,417 336 336 0 120 - Hotel/Motel Tax Revenue Fund 70,071 62,519 3,149 3,149 121 - Employee Parking Permit Fund 92,111 91,388 10,112 10,112 .� 122 - Youth Scholarship Fund 14,057 13,965 230 230 c 123 -Tourism Promotional Fund/Arts 88,005 85,164 7,667 7,667 c 125 - Real Estate Tax 2 3,475,810 3,161,669 903,829 903,829 U+ 126 - Real Estate Excise Tax 1 * 2,990,867 2,676,135 680,700 680,700 t 127 - Gifts Catalog Fund 325,937 323,928 27,873 27,873 0 130- Cemetery Maintenance/Improvement 195,173 193,746 (9,955) (9,955 M 136 - Parks Trust Fund 169,406 168,281 2,768 2,768 N 137 - Cemetery Maintenance Trust Fund 1,1 17,634 1,110,286 27,774 27,774 N 138 - Sister City Commission 10,535 10,465 172 172 140 -Business Improvement Disrict 52,102 52,103 32,951 32,951 141 - Affordable and Supportive Housing I'd 111,073 104,377 32,633 32,633 142 - Edmonds Cares Fund - - - - 0 Total Special Revenue $ 12,498,039 $ 11,146,871 $ 1,507,838 $ 1,507,838 *$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. c ENTERPRISE FUNDS OVERVIEW LL 0 r N O FUND BALANCES CHANGE IN FUND ENTERPRISE ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 5/31/2021 5/31/2021 Q1 YTD Fund Balance Cash Balance t 421 -Water Utility Fund $ 27,407,659 $ 6,667,451 $ 1,708,007 $ 1,708,007 r 422 - Storm Utility Fund * 14,949,532 5,669,504 1,358,844 1,358,844 Q 423 - Sewer/WWTP Utility Fund 54,579,439 19,509,019 2,181,010 2,181,010 424 - Bond Reserve Fund 843,965 843,965 4 4 411 -Combined Utility Operation 5,070 49,246 5,070 5,070 Total Enterprise Funds $ 97,785,665 $ 32,739,184 $ 5,252,935 $ 5,252,935 *$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. 127 6.5.a SUMMARY OVERVIEW CHANGE IN FUND FUND BALANCES BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 5/31 /2021 5/31 /2021 Q1 YTD Fund Balance Cash Balance Governmental Funds $ 38,753,003 $ 31,104,019 $ 4,177,170 $ 4,177,170 Enterprise Funds 97,785,665 32,739,184 5,252,935 5,252,935 Internal Services Fund 10,267,159 5,734,905 312,739 312,739 a Agency Funds 100,236 101,463 (34,879) (34,879 Total City-wide Total $ 146,906,064 $ 69,679,571 $ 9,707,965 $ 9,707,965 .� c c� c ii 2, t INTERNAL SERVICE FUNDS OVERVIEW r 0 N 0 N FUND BALANCES CHANGE IN FUND 0. BALANCES ---- ACTUAL ---- ---- ACTUAL ---- INTERNAL SERVICE FUNDS 5/31 /2021 5/31 /2021 Q1 YTD U Fund Balance Cash Balance ii 511 - Equipment Rental Fund $ 9,365,938 $ 4,939,671 $ 262,142 $ 262,142 t c 512 -Technology Rental Fund 901,221 795,234 50,597 50,597 0 Total Internal Service Funds $ 10,267,159 $ 5,734,905 $ 312,739 $ 312,739 N 0 N f� C N E t V fC a+ 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. 128 6.6 City Council Agenda Item Meeting Date: 07/20/2021 Jerrie Bevington 3 month Employment Agreement Staff Lead: Jessica Neill Hoyson Department: Human Resources Preparer: Emily Wagener Background/History Jerrie Bevington is employed via an employment agreement as an Administrative Assistant in charge of Audio/Video recording for City Council and Planning Board meetings. Historically, this position has been employed through an employment contract with 2-year terms. Upon initial review of this position it is unclear as to why this position is employed via an employment contract rather than as an hourly employee. A 6-month contract was previously approved on 1/5/2021 and valid from 1/6/2021 - 7/7/2021. During this time, Human Resources has updated the related job description and is now working on compensation. A 3-month contract is proposed to allow additional time to review the classification of this position. Once complete, the classification will be presented to Council Committee. Staff Recommendation Approve 3 month employment agreement for Jerrie Bevington. Narrative See attached contract. Attachments: Bevington Employment Agreement 21-07to10 Packet Pg. 129 6.6.a EMPLOYMENT AGREEMENT THIS AGREEMENT ("Agreement") is entered into by and between Jerrie Bevington (hereafter "Employee") and the City of Edmonds, Washington (hereafter "City") (collectively the "Parties") to describe the terms and conditions of Employee's employment as Administrative Assistant in Charge of Audio/Video Recording to City Council. WHEREAS, the City desires to employ the services of Employee as an Administrative Assistant, pursuant to the terms of this Agreement; and WHEREAS, it is the desire of the City to establish certain terms of employment and to set the working conditions of Employee; NOW THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows: 1. Term of Employment Employee's employment with the City shall commence on July 21, 2021 and continue through October 21, 2021, unless the term of this Agreement is modified by mutual agreement of the Parties. 2. Qualifications Employee affirms that she possesses the ability to set up and use the City's recording equipment to properly record the City Council and Planning Board meetings. 3. Duties Set up and use the City's video recording equipment to record City Council meetings and Planning Board Meetings. 4. Wages and Hours Employee shall be paid, for the performance of the above duties, at the rate of $34.00 per hour, and shall paid in periodic installments consistent with the City's normal payroll procedures. Packet Pg. 130 6.6.a 5. Benefits As this is an hourly position as defined in City personnel policies, Employee will not be eligible for DRS (PERS) or MEBT membership or any regular employee benefits including leaves (vacation, holiday or sick leave pay or accruals) with the exception of paid sick leave accrual under the Washington State Paid Sick Leave law. The City will pay the applicable employer's portion of Medicare, Washington State Paid Family & Medical Leave employee cost share of premiums (the same as for the City's non - represented employees) and any other employer contributions into Social Security, Washington State Industrial Taxes, and any other such benefits as may be required under the provisions of state and federal law based upon the number of hours worked. 6. Termination Employee is employed at -will, and the Mayor may remove Employee from the position at the City of Edmonds' City Council Office and terminate her employment at any time, with or without cause. 7. Indemnification Employer shall defend and indemnify Employee as set forth in Edmonds Municipal Code (now "BMC") 2.06, or any amendment thereof, with respect to claims and/or litigation resulting from any conduct, acts, or omissions arising from the scope or course of Employee's service to or employment with the City. 8. Entire Agreement/Modification/Severability This Agreement constitutes the entire agreement between the Parties and supersedes any other agreements, oral or written. This Agreement may be amended or modified only with the written concurrence of the Parties. If any clause, section, sentence, or provision of this Agreement is ultimately held invalid by a court or tribunal of competent jurisdiction, such invalidation shall not affect the validity of any other clause, section, sentence, or provision in the Agreement. 9. Notices Notices pursuant to this Agreement shall be given, by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: Packet Pg. 131 6.6.a City of Edmonds: Office of the Mayor City of Edmonds 121 5th Avenue North Edmonds, WA 98020 Employ: Jerrie Bevington 411 6th Avenue North # 1 Edmonds, WA 98020 10. Opportunity to Confer with Independent Counsel In signing below, Employee expressly represents and affirms that the City Attorney was not acting as Employee's counsel in drafting this Agreement and that Employee had the opportunity to consult with independent counsel in reviewing and deciding to execute this Agreement. DONE THIS day of July 2021. CITY OF EDMONDS: EMPLOYEE: Mike Nelson Jerrie Bevington Mayor APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 132 7.1 City Council Agenda Item Meeting Date: 07/20/2021 Presentation of Stormwater Management Code (ECDC 18.30) Update Staff Lead: Zachary Richardson Department: Engineering Preparer: Sydney Hall Background/History On July 13, 2021, staff presented this item to the Parks and Public Works Committee. Staff Recommendation This item is being presented for information and discussion. Background The City's municipal NPDES permit with the Washington Department of Ecology requires that the City maintain adequate stormwater management code for new development in order to protect surface waters. Each 5-year cycle of the permit requires an update to the City code to remain compliant with the most current guidance from Ecology. The current permit requires that our codes be updated to reflect their 2019 Surface Water Management Manual for Western Washington (SWMMWW) by July of 2022, but staff have proposed to have the new code effective 1/1/2022 for better clarity of application of standards for future projects. Narrative The City must adopt drainage management code which is at least as protective as SWMMWW, but the City does have the ability to add Edmonds -specific provisions which are in addition to Ecology minimums. The difference between SWMMWW and Edmonds codes are managed in the Edmonds Storm water Addendum (Addendum) so that the update to ECDC 18.30 is ultimately to adopt the 2019 SWMMWW as modified in the Addendum. The revised versions of both ECDC 18.30 and the Addendum are attached in a clean version (as proposed) and a redlined version, which tracked all changes between the current proposal and the existing code. The changes since the previous version of the drainage code are summarized in Attachment E (2022 ECDC 18.30 and Storm water Addendum Summary of Changes) and are broken into three categories. 1. Ecology directed provisions, shown in orange, are revisions need to generally maintain compliance with Ecology guidance. These are generally items that the City does not have the ability to omit or revise in the code. 2. Staff -proposed revisions for clarity only, are shown in white, and generally will not impact development. These revisions are predominantly to assist staff in communicating requirements to designers and to assist with enforcement; they are not new impacts. 3. Staff -proposed revisions which are substantive changes, are shown in green, and would be anticipated to have some potential for impact on development. Packet Pg. 133 7.1 Ecology did a reorganization of the manual for the current version, so there are a fair number of changes to their manual, but most are non -substantive. Most of the updates are reorganizational only and not changes to requirements themselves. See Attachment G and Attachment F for more information on the Ecology revisions. Staff have proposed four substantive changes to the Edmonds -specific portions of code. 1. Changes to the way new connections of existing impervious surfaces are handled; revised to be treated like new impervious and mitigated for in accordance with drainage code. 2. Removed Edmonds Way as 'direct discharge basin' and any corresponding exemptions; project in Edmonds Way to be treated same as rest of City. 3. Increased protections of Perrinville Creek by (a) increasing the application of the City "retro-fit" LID requirement and (b) increasing the flow control standard for projects within the basin. 4. Revising the LID BMP list so that the Edmonds -specific detention BMP is used for LID treatment before the "perforate pipe connection" BMP See the attached documents for more details on the changes and their anticipated impacts. Staff is notifying the City Council of the proposed code changes and requesting comments prior to beginning the permitting and approval process. The approval process will include a SEPA public comment period, and formal public hearing prior to final adoption. Attachments: Attachment A_Revised ECDC 18.30_Clean Attachment B_ECDC 18.30_Redlines Attachment C_Revised Edmonds Stormwater Addendum Clean Attachment D_Edmonds Stormwater Addendum_ Redlines Attachment E_Edmonds Summary of Changes Attachment F_Ecology Summary fo Changes with Edmonds Response Attachment G_Crosswalk_ 2014 - 2019 SWMMWW Attachment H - ECDC 18.30 Update_Prelim Presentation —FINAL Packet Pg. 134 7.1.a Edmonds Chapter 18.30 STORM WATER MANAGEMENT Chapter 18.30 STORMWATER MANAGEMENT Sections: 18.30.000 Purposes. 18.30.010 Definitions. 18.30.020 Authority and Regulation. 18.30.030 Applicability. 18.30.040 Exemptions. 18.30.050 Administration. 18.30.060 Requirements. 18.30.070 Exceptions, Adjustments, and Appeal. 18.30.080 Access and Covenants. 18.30.090 Post Construction Inspection and Maintenance Roles and Responsibilities. 18.30.100 Enforcement Procedures. 18.30.000 Purposes. Page 1/25 A. To set forth standards for managing stormwater runoff from construction and development sites to minimize 1. Degradation of surface water quality by controlling the scouring and sedimentation of creeks, streams, wetlands, ponds, lakes, other water bodies. 2. Degradation of groundwater quality. 3. Damage to adjacent and other downstream private properties from erosion or other impacts from stormwater runoff. 4. Damage of City -owned parcels, City roads, rights -of -way and associated infrastructure. B. To comply with requirements in the Phase II National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit as issued by the Washington State Department of Ecology (Ecology). C. To complement site planning activities that minimize: 1. Impervious surfaces area. 2. The loss of native or non-native site vegetation. 3. The generation of stormwater runoff. D. To make low impact development (LID) the preferred and commonly used approach to site development; to require LID be considered at the site planning stage; and to implement LID BMPs unless they are infeasible. E. To require that all publicly -owned and privately -owned Stormwater Treatment and Flow Control best management practices (BMPs)/Facilities are operated, maintained and repaired in manner that conforms to this chapter. F. To provide the authority for the City to inspect privately -owned Stormwater Treatment and Flow Control BMPs/Facilities. G. To provide enforcement procedures for ensuring compliance with this chapter. Version: July 2021 Packet Pg. 135 7.1.a Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 2/25 18.30.010 Definitions. For the purposes of this chapter, the following definitions shall apply: Arterial. A road or street primarily for through traffic. The term generally includes roads or streets considered collectors. It does not include local access roads which are generally limited to providing access to abutting property. See also RCW 35.78.010, RCW 36.86.070, and RCW 47.05.021. Adjustment. A variation in the application of a minimum requirement to a particular project. Adjustments provide substantially equivalent environmental protection. Applicant. The owning individual(s) or corporations or their representatives applying for the permits or approvals described in this chapter. Approval. The proposed work or completed work conforming to this chapter as approved by the public works Director or their designee. Best management practices (BMPs). The schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the City that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. Bioretention BMPs. Engineered facilities that treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation. Refer to the 2019 Stormwater Management Manual for Western Washington (SWMMWW), Volume V for bioretention BMP types and design specifications. Category 1 Project Site. A project site subject to Minimum Requirements No.I through No.5. See ECDC 18.30.60. C. Category 2 Project Site. A project site subject to Minimum Requirements No.1 through No.9. See ECDC 18.30.60.C. Certified Erosion and Sediment Control Lead (CESCL). An individual who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (see BMP C160 in the SWMMWW). A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and construction activities that could impact the quality of stormwater and, the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. Certification is obtained through an Ecology approved erosion and sediment control course. Course listings are provided online at Ecology's website. City's municipal separate storm sewer system or "MS4." A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that are owned or operated by the City of Edmonds, designed or used for collecting or conveying stormwater, and are not a combined sewer nor part of a publicly owned treatment works as defined in 40 Code of Federal Regulations (CFR) 122.2, and which is defined as "large" or "medium" or "small" or otherwise designated by Ecology pursuant to 40 CFR 122.26. Clearing. The destruction and removal of vegetation by manual, mechanical, or chemical methods. Commercial Agriculture. Those activities conducted on lands defined in RCW 84.34.020(2) and activities involved in the production of crops or livestock for commercial trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Common plan of development or sale. A site where multiple separate and distinct construction activities may be taking place at different times on different schedules and/or by different contractors, but still under a single plan. Examples include: 1) phase projects and projects with multiple filings or lots, even if the separate phases or Version: July 2021 Packet Pg. 136 7.1.a Edmonds Page 3/25 Chapter 18.30 STORM WATER MANAGEMENT filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); 2) a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; 3) projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility; and 4) linear projects such as roads, pipelines, or utilities. If the project is part of a common plan of development or sale, the disturbed area of the entire plan must be used in determine permit requirements. Converted vegetation (areas). The change in land cover changed from native vegetation, pasture scrub/shrub, or unmaintained non-native vegetation to lawn or landscaped areas, or where native vegetation is converted to pasture. Creek. Is synonymous with "streams," which is defined in ECDC 23.40.320. Detention facility. An above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater. Development. Land -disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses. Creation or addition of hard surfaces, or replacement of hard surface that is not part of a routine maintenance activity. Structural development, including construction, installation, replacement, or expansion of a building or other structure. Subdivision, short subdivision, and binding site plans, as defined and applied in Chapter 58.17 RCW Director. The City's Public Works and Utilities Director or a designee with an appropriate background in engineering or another related discipline. Discharge point. The location where a discharge leaves the municipal separate storm sewer system (MS4) through the City's MS4 facilitiesBMPs designed to infiltrate. Ecology. The Washington State Department of Ecology Effective impervious surface. Those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces on residential development sites are considered ineffective if. 1) the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP T5.30 — "Full Dispersion," as described in Chapter 5 of Volume V of the SWMMWW; 2) residential roof runoff is infiltrated in accordance with downspout Full Infiltration Systems in BMP T5.10A in Volume III of the SWMMWW; or 3) approved continuous runoff modeling methods indicate the entire runoff file is infiltrated. Erodible or leachable materials. Wastes, chemicals, or other substances that measurably alter the physical or chemical characteristics of runoff when exposed to rainfall. Examples include erodible soils that are stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage. Erosion. The wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Also, detachment and movement of soil or rock fragments by water, wind, ice, or gravity. See the SWMMWW Glossary for examples of types of water erosion. Excavation. The mechanical removal of earth material. Exception. Relief from the application of a minimum requirement to a project. Fill. A deposit of earth material placed by artificial means. Groundwater. Water in a saturated zone or stratum beneath the land surface or below a water body Hard surface. An impervious surface, a permeable pavement, or a vegetated roof. Version: July 2021 Packet Pg. 137 7.1.a Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 4/25 Highway. A main public road connecting towns and cities. In Edmonds, this includes State Route 99, State Route 524, and portions of State Route 104, that are classified as principal arterials in the City's comprehensive transportation plan. Illicit discharge. Any direct or indirect non-stormwater discharge to the City's MS4, groundwaters, or a water body, except as expressly allowed by ECDC Chapter 7.200. Impervious surface. A non -vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non -vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. Outdoor swimming pools shall be considered impervious surfaces in all situations. In addition, lawns, landscaping, sports fields, golf courses, and other areas that have modified runoff characteristics resulting from the addition of underdrains and impermeable or low permeability liners are to be considered impervious surfaces. If no liner is installed, these areas (lawns, landscaping, sports fields, golf courses, etc.) served by underdrains may be considered partially pervious if the underdrain is set a minimum of 8 inches above the in -situ soils in a manner to allow infiltration over the facility bottom. Lake. An inland body of fresh water surrounded by land. Land disturbing activity. Any activity that results in a change in the existing soil cover (both vegetative and non - vegetative) and/or the existing soil topography. Land -disturbing activities include but are not limited to demolition, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land -disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land -disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. Low impact development (LID). A stormwater and land use strategy that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site features, site planning, and distributed stormwater management practices that are integrated into a project design. LID Best Management Practices (BMPs). Distributed stormwater management practices, integrated into a project design, that emphasize pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re -use. LID principles. Land use management strategies that emphasize conservation, use of on -site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. Maintenance. Repair and maintenance activities conducted on currently serviceable structures, facilities, and equipment that involves no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. One example is the replacement of a collapsed, fish blocking, round culvert with a new box culvert under the same span, or width, of roadway. In regard to stormwater facilities, maintenance includes assessment to ensure ongoing proper operation, removal of built up pollutants (i.e., sediments), replacement of failed or failing treatment media, and other actions taken to correct defects as identified in the maintenance standards of Appendix A, Volume V of the SWMMWW. Version: July 2021 Packet Pg. 138 7.1.a Edmonds Page 5/25 Chapter 18.30 STORM WATER MANAGEMENT Maximum extent practicable (MEP). Refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and system, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants. MS4. The City's municipal separate storm sewer system. Native vegetation. Vegetation comprised of plant species, other than noxious weeds, indigenous to the coastal region of the Pacific Northwest which could have been reasonably expected to occur naturally on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big -leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. Natural drainage systems and outfalls. The location of the channels, swales, and other non -manmade conveyance systems as defined by the earliest documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. New Development. Land disturbing activities, including Class IV -general forest practices that are conversions from timberland to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision, and binding site plans, as defined and applied in Chapter 58.17 RCW. ECDC 18.30 does not distinguish the difference between new development and redevelopment; all projects in Edmonds shall meet the requirements for new development. New Impervious Surface. A surface that is: 1) changed from a pervious surface to an impervious surface (e.g., resurfacing by upgrading from dirt to gravel, a bituminous surface treatment ("chip seal"), asphalt, concrete, or an impervious structure); or 2) upgraded from gravel to chip seal, asphalt, concrete, or an impervious structure; or 3) upgraded from chip seal to asphalt, concrete, or an impervious structure. Note that if asphalt or concrete has been overlaid by a chip seal, the existing condition should be considered as asphalt or concrete. Outfall. A point source as defined by 40 CFR 122.2 at the point where a discharge leaves the City's MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). On -site Stormwater Management BMPs. A synonym for Low Impact Development BMPs. Permeable pavement. Pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. Pervious Surface. Any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. Person. Any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or City government unit, however designated. Pollution -generating hard surface (PGHS). Those hard surfaces considered to be a significant source of pollutants in stormwater runoff. See the listing of surfaces under pollution -generating impervious surface. Pollution -generating impervious surface (PGIS). Those impervious surfaces considered to be a significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as further defined in the glossary of the SWMMWW); storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall; metal roofs unless they are coated with an inert, non -leachable material (e.g., baked -on enamel coating); or roofs that are subject to venting significant amounts of dusts, mists, or fumes from manufacturing, commercial, or other indoor activities. Version: July 2021 Packet Pg. 139 7.1.a Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 6/25 Pollution -generating pervious surfaces (PGPS). Any pervious surface subject to 1) vehicular use, 2) industrial activities (as further defined in the glossary of the SWMMWW); or 3) storage of erodible or leachable materials, wastes, or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall, 4) use of pesticides and fertilizers, or 5) loss of soil. Typical PGPS include permeable pavement subject to vehicular use, lawns, and landscaped areas including: golf courses, parks, cemeteries, and sports fields (natural and artificial turf). Pre -developed condition. The native vegetation and soils that existed at a site prior to the influence of Euro- American settlement. The pre -developed condition shall be assumed to be a forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement. Project: Any proposed action to alter or develop a site. Project site. That portion of a property, properties, and/or right-of-way subject to land -disturbing activities, new hard surfaces, or replaced hard surfaces. For projects that involve land disturbing activity on one or more parcels and/or land disturbing activity in the City right-of-way, the "Project site" includes all areas of land disturbance. If the project is part of a common development plan or sale, the disturbed area of the entire plan shall be used in determining permit requirements. Rain garden. A non -engineered shallow landscaped depression, with compost -amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile. Receiving waterbody or Receiving waters. Naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a MS4 discharges. Redevelopment. ECDC 18.30 does not distinguish the difference between new development and redevelopment; all projects in Edmonds shall meet the requirements for new development. Where existing unmitigated surfaces are to remain, the additional "retro-fit" requirement per ECDC 18.30.060.D.5.b.i Replaced hard surface. For structures means the removal and replacement of hard surfaces down to the foundation. For other hard surfaces, it means the removal down to bare soil or base course and replacement. Replaced impervious surface. For structures, the removal and replacement of any exterior impervious surfaces down to the foundation. For other impervious surfaces, it means the removal down to bare soil or base course and replacement. Roadway. Traveled hard surface portion of any public or private road or street. Road -related project. A project that all of, or the majority of, the new or replaced hard surface consist of roadway, shoulders, curbs, gutters, sidewalks, or walkways, either publicly or privately funded. Frontage improvements constructed as a requirement for a development project are not consider a road -roadway project. Runoff. Water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands, as well as shallow ground water. It also means the portion of rainfall or other precipitation that becomes surface flow and interflow. Site. The area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to development. For road projects, or utility projects in the right-of-way, the length of the project site and the right-of-way boundaries define the site. Note that drainage impacts are generally assessed for the "project site", under separate definition. Slope. The degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and 45 degrees being a 1:1 or 100 percent slope. Version: July 2021 Packet Pg. 140 7.1.a Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 7/25 Soil. The unconsolidated mineral and organic material on the intermediate surface of the earth that serves as a natural medium for the growth of land plants. Source control BMPs. A structure or operation that is intended to prevent pollutants from coming into contact with storm water through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational Source Control BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW for details. Stormwater facility. A constructed component of a stormwater drainage system, designed and constructed to perform a particular function or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales. Stormwater Management Manual for Western Washington (SWMMWW). The Washington State Department of Ecology's 2019Stormwater Management Manual for Western Washington. Referred to as the 2019 SWMMWW Stormwater site plan. The comprehensive report containing all of the technical information and analysis necessary for regulatory agencies to evaluate a proposed development project for compliance with stormwater requirements. Contents of the Stormwater Site Plan will vary with the type and size of the project, and individual site characteristics. It includes a Construction Stormwater Pollution Prevention Plan (Construction SWPPP) and a Permanent Stormwater Control Plan (PSC Plan). Guidance on preparing a Stormwater Site Plan is contained in Chapter 3 of Volume I of the SWMMWW. Stormwater Treatment and Flow Control BMPs/Facilities. Detention facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Minimum Requirements No.6 (Treatment), Minimum Requirement No.7 (Flow Control), or both as described in ECDC 18.30.060. Threshold discharge area. An area within a project site draining to a single natural discharge location or multiple natural discharge locations that combine within one -quarter mile downstream (as determined by the shortest flowpath). The examples in Figure 1: Example TDA Delineations below,illustrate this definition. The purpose of this definition is to clarify how the thresholds of this code are applied to project sites with multiple discharge points Version: July 2021 Packet Pg. 141 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Figure 1: Example TDA Delineations 7.1.a Page 8/25 Example of a Project Site Example of a Project Site Example of a Project Site with with a single natural with multiple natural multiple natural discharges and discharge and a single TDA discharges and a single TDA multiple TDAs ' .._.�'--- Jy ,TDA - TDA Single - TDA 2 Natural r Natural J 1 Natural discharge Greater than location discharge discharge 1I4 mile locations 114 milelocations r ` 114 miles f 1/4 mile i i Example of a road project with multiple d1wharge points and a single TDA o mBecause the right -most discharge . connecls to the other two discharge flow �I roadway crown paths within I mite, all areas are �i connected as one TDA. Discharge 114 mde 114 mile location — - 114 mile -. c S 3 / Example of a road project with multiple ` / discharge points and multiple TDAs. �1 Note: Shaded areas represent - Discharge 11+i mle the limits of the location project site. 11 4 NOT TO SCALE Example TDA Delineations DEPARTMENT OF Revised March 2018 ECOLOGYPlease see http.IA+vwwecyy wa.govIoopyright htmf for copyright notice including permissions, State of Washington limitation of liability, and disclaimer. Version: July 2021 Packet Pg. 142 7.1.a Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 9/25 Vehicular Use. Regular use of an impervious or pervious surface by motor vehicles. The following are subject to regular vehicular use: roads, un-vegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unrestricted access fire lanes, vehicular equipment storage yards, and airport runways. The following are not considered subject to regular vehicular use: sidewalks not subject to drainage from roads for motor vehicles, paved bicycle pathways separated from and not subject to drainage from roads for motor vehicles, restricted access fire lanes, and infrequently used maintenance access roads. Waterbody. Surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands. Waters of the state. Includes those waters defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State, and "waters of the state" as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the state of Washington. Wetlands. As defined in ECDC 23.40.005. [Ord. 4026 § 1 (Att. A), 2016]. 18.30.020 Authority and Regulation. A. The Public Works and Utilities Director shall administer this chapter and shall be referred to as the Director. B. The Director shall have the authority to develop, implement, and enforce policies and procedures to administer and enforce this chapter per ECDC 18.30.110 and 18.30.120, such as the Edmonds Stormwater Addendum. C. The requirements of this chapter are minimum requirements. They do not replace, repeal, abrogate, supersede, or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this chapter imposes requirements that are more protective of human health or the environment than those set forth elsewhere, the provisions of this chapter shall prevail. When this chapter imposes requirements that are less protective of human health or the environment than those set forth elsewhere, the provisions of the more protective requirements shall prevail. D. The Director shall have the authority to impose additional requirements on a project or site to meet the purpose of this chapter based on site -specific factors including, but not limited to, location, soil conditions, slope, and designated use. E. Approvals and permits granted under this chapter are not waivers of the requirements of any other laws, nor do they indicate compliance with any other laws. Compliance is still required with all applicable federal, state and local laws and regulations, including rules promulgated under authority of this chapter. F. Compliance with the provisions of this chapter does not necessarily mitigate all impacts to the environment. Thus, compliance with this chapter should not be construed as mitigating all drainage water or other environmental impacts, and additional mitigation may be required to protect the environment pursuant to other applicable laws and regulations. The primary obligation for compliance with this chapter and for preventing environmental harm on or from property is placed upon the applicant. [Ord. 3792 § 1, 2010]. 18.30.030 Applicability. A. This chapter applies to applications: 1. Submitted on or after January 1, 2022, and 2. Submitted prior to January 1, 2017, which have not started construction by January 1, 2022, and 3. Submitted prior to January 1, 2022, which have not started construction by July 1, 2027. Version: July 2021 Packet Pg. 143 Edmonds Page 10/25 Chapter 18.30 STORM WATER MANAGEMENT B. This chapter applies to the following actions on sites that discharge to the City's MS4 or discharges to waters of the state whether or not a City -issued permit is required: 1. Land -disturbing activity, or 2. Creation of new hard surfaces, or 3. Replacement of existing hard surfaces, or 4. Conversion of pervious surfaces, or 5. New connections to the City's MS4, or 6. Any other actions that can increase the volume or rate of stormwater runoff, or cause the generation of pollutants, from the site. 18.30.040 Exemptions. A. Full Exemptions. The following land uses and land -disturbing activities are exempt from the provisions of this chapter: 1. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timberland to other uses, are exempt from the provisions of the minimum requirements. 2. Commercial agriculture practices that involve working land for production are generally exempt. However, land conversion from timberland to agriculture and the construction of impervious surfaces are not exempt. 3. Construction of drilling sites, waste management pits, and associated access roads, and construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations are exempt. Operators are encouraged to implement and maintain best management practices to minimize erosion and control sediment during and after construction activities to help ensure protection of surface water quality during storm events. 4. The following pavement maintenance practices or activities are exempt: pothole and square -cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in -kind material without expanding the road prism, pavement preservation activities that do not expand the road prism, and vegetation maintenance. B. Partial Exemptions. The following land uses and land -disturbing activities are partially exempt from the provisions of this chapter: 1. Underground utility projects that replace the ground surface with in -kind material or materials with similar runoff characteristics are only subject to Minimum Requirement No. 2, Construction Stormwater Pollution Prevention. a. Utility installations as part of a development project, whether in the right-of-way or on private property, are not considered an underground utility project for the sake of this partial exemption. 2. The following pavement maintenance practices or activities are considered development, and therefore are not categorically exempt. a. Removing and replacing a paved surface to base course or a lower level, or repairing the pavement base: These are considered replaced hard surfaces. Version: July 2021 Packet Pg. 144 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 11/25 b. Extending the pavement edge without increasing the size of the road prism or paving graveled shoulders: these are considered new hard surfaces. c. Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; or upgrading from gravel to asphalt or concrete; or upgrading from a bituminous surface treatment ("chip seal") to asphalt or concrete: these are considered new hard surfaces. 18.30.050 Administration. A. Application, Submittals, and Review. 1. The Director shall review all plans and all other submittals required by ECDC 18.30.050.A.3 for compliance with this chapter when: a. An application for a City permit is required under all other chapters of ECDC Title 18 or 19, or b. A subdivision application is submitted per ECDC 20.75.040. 2. In all other situations when actions under ECDC 18.30.030 apply to a project site, review shall be under a Stormwater permit. 3. All stormwater review submittals shall contain, in addition to the information required under any other applicable City code, a Stormwater Site Plan as described in the Edmonds Stormwater Addendum (see ECDC 18.30.060) and any other information required by the Director. B. Inspections. 1. The Director shall inspect projects at various stages of the work to determine if they comply with the requirements of this chapter, and enforcement actions shall be taken as necessary. These inspections will include, but not be limited to, the following: a. Prior to site clearing and construction to assess site erosion potential, and b. During construction to verify proper installation and maintenance of required erosion and sediment controls and other approved plan components, and c. All permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments every six months until 90 percent of the lots are constructed (or when construction is stopped and the site is fully stabilized) to identify maintenance needs and enforce compliance with maintenance standards as needed, and d. Upon completion of construction and prior to final approval to ensure proper installation of permanent Stormwater control facilities and verify that a maintenance plan is completed and responsibility for maintenance is assigned for stormwater treatment and flow control BMPs/facilities, and e. Post -Construction inspections per ECDC 18.30.090. 2. When reasonably required by the Director to accomplish the purpose of this chapter or to comply with local, state or federal law or regulation on stormwater, special inspection or testing shall be performed by the applicant. C. Fees. Application, review and inspection fees as set in ECDC Chapter 15.00 shall be paid. Version: July 2021 Packet Pg. 145 Edmonds Chapter 18.30 STORM WATER MANAGEMENT 18.30.060 Requirements. Page 12/25 A. Documents. The sources of the stormwater management requirements for the City are from the following documents: 1. Western Washington Phase II Municipal Stormwater Permit, Appendix 1, modification date August 1, 2019 2. 2019 Stormwater Management Manual for Western Washington (SWMMWW) 3. The Edmonds Stormwater Addendum In the event of conflicts between the various provisions, the more stringent provision shall apply. B. Illicit Discharges and Connections. Non-stormwater illicit discharges, including spills, into the MS4, groundwaters, or a water body from any developed or undeveloped lands are prohibited per ECDC Chapter 7.200. C. Thresholds and Applicability 1. The thresholds outlined in this section are only applicable to ECDC 18.30.060.C. See also the Edmonds Stormwater Addendum for supplemental information on thresholds. a. All development shall be required to comply with Minimum Requirement No. 2. b. Category 1 project sites shall comply with Minimum Requirements No. 1 through No. 5. Category 1 includes projects that: i. Result in 2,000 square feet, or greater, of new plus replaced hard surface area, or ii. Have land disturbing activity of 7,000 square feet or greater. c. Category 2 project sites shall comply with Minimum Requirements No. 1 through No. 9. Category 2 includes projects that: i. Result in 5,000 square feet, or greater, of new plus replaced hard surface area, or ii. Convert 0.75 acres, or more, of vegetation to lawn or landscaped areas, or iii. Convert 2.5 acres, or more, of native vegetation to pasture. 2. Additional Requirements for road -related projects. For road -related projects, runoff from the new and replaced hard surfaces (including pavement, shoulders, curbs, and sidewalks) and the converted vegetation areas shall meet all the minimum requirements only if the new hard surfaces total 5,000 square feet or more and total 50 percent or more of the existing hard surfaces within the project limits. Otherwise, the minimum requirements only apply to the new hard surfaces and the converted vegetation areas that exceed the thresholds in (1) above. The project limits shall be defined by the length of the project and the width of the right-of-way. 3. New Connections to the City's MS4 when the proposed connection does not involve activity that meets the definition of development. Sites that are not currently connected to the City's MS4 but that wish to connect directly or indirectly to the City's MS4 may be allowed on a case -by -case basis, subject to City approval. For sites that propose to drain greater than or equal to 2,000 square feet of hard surface area to the City's MS4, the project shall comply with the requirement of this chapter, treating all hard surfaces to be drained to the City system as new hard surfaces, unless applicant can demonstrate that the site will discharge in the same manner and quantities prior to the proposed project. Applicant shall account for natural dispersion and/or infiltration which may be occurring if these new hard surfaces area currently drain through pervious areas. 4. Minimum Requirements may be met for an equivalent (flow and pollution characteristics) area. The equivalent area may be within the same TDA. If the equivalent area is outside the TDA, or off -site, the equivalent area must drain to the same receiving water and the guidance for equivalent facilities using in - basin transfers must be followed, as detailed in Appendix D of Volume 1 of SWMMWW. Version: July 2021 Packet Pg. 146 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 13/25 D. Minimum Technical Requirements. This section describes the minimum technical requirements for stormwater management at development sites. 1. Minimum Requirement No. 1 — Preparation of Stormwater Site Plans The City shall require a Stormwater Site Plan from all projects meeting the thresholds in ECDC 18.30.060.C. Stormwater Site Plans shall use site -appropriate development principles to retain native vegetation and minimize impervious surfaces to the extent feasible. Stormwater Site Plans shall be prepared in accordance with Chapter 3 of Volume 1 of the SWMMWW and the requirements in the Edmonds Stormwater Addendum. 2. Minimum Requirement No. 2 — Construction Stormwater Pollution Prevention Plan (SWPPP) a. Thresholds: i. All development projects are responsible for preventing erosion and discharge of sediment and other pollutants into receiving waters. Compliance with this minimum requirement can be achieved for an individual site if the site is covered under Ecology's General NPDES Permit for Stormwater Discharges Associated with Construction Activities and fully implementing the requirements of that permit. ii. A Construction SWPPP is required for all projects which a) result in 2,000 square feet or more of new plus replaced hard surface area, b) where a structure with an exterior hard surface area of at least 2,000 square feet is being demolished, c) which disturb 7,000 square feet or more of land, or d) when the site falls within the Earth Subsidence Landslide Hazard Area, Landslide Hazard Area or steep slope critical area. Projects that do not meet any of the above criteria are not required to prepare a Construction SWPPP, but must consider all of the elements listed below for Construction SWPPPs and develop controls for all Construction SWPPP elements that pertain to the project site. b. General Requirements: i. The SWPPP shall include a narrative and drawings. All BMPs shall be clearly referenced in . the narrative and marked on the drawings. The SWPPP narrative shall include documentation to explain and justify the pollution prevention decisions made for the project. Each of the thirteen elements referenced below must be considered and included in the SWPPP unless site conditions render the element unnecessary and the exemption from that element is clearly justified in the narrative of the SWPPP. ii. Clearing and grading activities for developments shall be permitted only if conducted pursuant to an approved site development plan (e.g., building permit, subdivision approval) that establishes permitted areas of clearing, grading, cutting, and filling. These permitted clearing and grading areas and any other areas required to preserve critical or sensitive areas, buffers, native growth protection easements, or tree retention areas as required by the City, shall be delineated on the site plans and the development site. iii. The SWPPP shall be implemented beginning with initial land disturbance and until final stabilization. Sediment and Erosion control BMPs shall be consistent with the BMPs contained in Chapter 4 of Volume II of the SWMMWW. c. Seasonal Work Limitations: From October 1 through April 30, clearing, grading, and other soil disturbing activities may only be authorized by the City if it can be demonstrated that silt -laden runoff will be prevented from leaving the site through a combination of the following: Version: July 2021 Packet Pg. 147 Edmonds Page 14/25 Chapter 18.30 STORM WATER MANAGEMENT i. Site conditions including existing vegetative coverage, slope, soil type, and proximity to receiving waters; and ii. Limitations on activities and the extent of disturbed areas; and iii. Proposed erosion and sediment control measures, in accordance with ECDC 18.30.060.D.2.d below. Based on the information provided and/or local weather conditions, the City may expand or restrict the seasonal limitation on site disturbance. The following activities are exempt from the seasonal clearing and grading limitations, except for sites lying in whole or in part within an earth subsidence and landslide hazard area as defined by ECDC 19.10.020.F: Routine maintenance and necessary repair of erosion and sediment control BMPs, ii. Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in the removal of the vegetative cover to soil, and iii. Activities where there is one hundred percent infiltration of surface water runoff within the site in approved and installed erosion and sediment control facilities. d. Construction SWPPP Elements Construction SWPPP elements are required in accordance with Chapter 3, Section 3.4.2 of Volume I of the SWMMWW and the requirements in the Edmonds Stormwater Addendum 3. Minimum Requirement No. 3 — Source Control of Pollution All known, available and reasonable source control BMPs must be required for all projects approved by the City. Source control BMPs must be selected, designed, and maintained in accordance with Volume IV of the SWMMWW. All single family residential projects shall, at a minimum, incorporate required BMPs from SWMMWW Volume IV, S411 — BMPs for Landscaping and Lawn/Vegetation Management. 4. Minimum Requirement No. 4 — Preservation of Natural Drainage Systems and Outfalls Natural drainage patterns shall be maintained, and discharges from the project site shall occur at the natural location, to the maximum extent practicable. The manner by which runoff is discharged from the project site must not cause a significant adverse impact to downstream receiving waters and down gradient properties. The discharge must have an identified overflow route that is safe and certain, and leads to the ultimate outfall location (such as a receiving water or municipal drainage system). All outfalls require energy dissipation. To demonstrate compliance with this core requirement, all projects shall submit an off -site qualitative analysis. If an existing problem (or potential future problem after development) is identified, mitigation will be required to prevent worsening of that problem. A quantitative analysis may be required for any project deemed to need additional information or where the project proponent or the City determines that a quantitative analysis is necessary to evaluate the off -site impacts or the capacity of the conveyance system. See the Edmonds Stormwater Addendum for additional details on complying with this requirement. 5. Minimum Requirement No. 5 — On -site Stormwater Management a. Applicability: On -site Stormwater Management BMPs are required in accordance with the following project thresholds, standards, and lists to infiltrate, disperse, and retain stormwater runoff on -site to the extent feasible without causing flooding or erosion impacts. See the SWMMWW and the Edmonds Stormwater Addendum for additional details on On -site Stormwater Management BMP infeasibility. Version: July 2021 Packet Pg. 148 Edmonds Chapter 18.30 STORM WATER MANAGEMENT b. Project Thresholds: Page 15/25 There are five project scenarios outlined below that determine the applicability of Minimum Requirement No. 5 — On -site Stormwater Management. The first four scenarios apply to projects that discharge directly or indirectly to the City's MS4. The fifth scenario applies to project discharges that do not enter the City's MS4. Note that more than one of the five scenarios may apply to a given proj ect: Retrofit. Projects that discharge directly or indirectly to the City's MS4 and that contain existing hard surfaces on the parcel or common plan of development that do not drain to an approved stormwater management facility are required to provide On -site Stormwater Management BMPs to manage a portion of those existing hard surfaces that will remain after project completion. BMPs from List No.1 (See ECDC 18.30.060.D.5.d) shall be applied to a minimum of 25 percent of those existing unmanaged surfaces, but to no more than the area equal to the proposed new plus replaced hard surfaces. Within the Perrinville Creek basin, the retrofit value shall be increased from 25% to 50%. Only for those existing unmanaged hard surfaces that remain after project completion, applicants are not required to evaluate BMPs in priority order or document infeasibility for these existing surfaces (as is required under ECDC 18.30.060.D.5.b [ii] and [iii] below). However, if it is determined that the minimum percentage requirement cannot be met due to BMP infeasibility, documentation of BMP infeasibility is required. In addition, when runoff from unmanaged hard surfaces is mixed with runoff from managed hard surfaces, those BMPs must be selected and designed for all areas which contribute runoff to the BMP (per sections [ii] and [iii] below). See the SWMMWW and the Edmonds Stormwater Addendum for additional details on On -site Stormwater Management BMP infeasibility. ii. This requirement is specific to minimum requirement #5 only. The surfaces treated by this requirement do no need to be added to project thresholds or mitigated under other minimum requirements. Impervious surfaces disturbed solely for installation of BMPs proposed to satisfy this requirement need not be consider as replaced hard surfaces for the project. Category 1. Category 1 project sites that discharge directly or indirectly to the City's MS4 and are required to comply with Minimum Requirements No. 1 through No. 5 (per ECDC 18.30.060.C) shall either: a. Use On -site Stormwater Management BMPs from List No.l for all new plus replaced hard surfaces and land disturbed (See ECDC 18.30.060.D.5.d); or b. Demonstrate compliance with the LID Performance Standard (See ECDC 18.30.060.D.5.c). Projects selecting this option cannot use rain gardens. They may choose to use bioretention BMPs as described in the SWMMWW. iii. Category 2. Category 2 project sites that discharge directly or indirectly to the City's MS4 and are required to comply with Minimum Requirements No. 1 through No. 9 (per ECDC 18.30.060.C) shall either: a. Use On -site Stormwater Management BMPs from List No.2 for all new plus replaced hard surfaces and land disturbed (See ECDC 18.30.060.D.5.e); or b. Demonstrate compliance with the LID Performance Standard (See ECDC 18.30.060.D.5.c). Projects selecting this option cannot use rain gardens. They may choose to use bioretention BMPs as described in the SWMMWW. iv. Direct Discharge Requirement. Projects that discharge directly to Puget Sound through the City's MS4 (in accordance with the restrictions applicable to direct discharges to Puget Sound presented in Section 3.4.7 of Volume I of the SWMMWW) do not have to achieve the LID Version: July 2021 Packet Pg. 149 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 16/25 Performance Standard, nor consider bioretention, rain gardens, permeable pavement, or full dispersion, but must implement BMP T5.13 (Post -Construction Soil Quality & Depth); BMPs T5.10A Downspout Full Infiltration Systems, T5.1013 Downspout Dispersion Systems, or T5.1013 Perforated Stub -out Connections; and BMP T5.11 Concentrated Flow Dispersion or T5.12 Sheet Flow Dispersion; if feasible for all new plus replaced hard surfaces and land disturbed. See the SWMMWW and the Edmonds Stormwater Addendum for additional details on On -site Stormwater Management BMP infeasibility V. Projects that do not drain directly or indirectly to the City's MS4 are required to implement one of the following: a. Project sites may discharge to the downstream private property (e.g., projects located above BNSF property) with approval from the downstream property owner(s). b. Project sites may discharge runoff to an on -site system. For sites located within earth subsidence and landslide hazard areas or their buffers, a geotechnical design, analysis, and report by a geotechnical engineer is required for the on -site system. On -site Stormwater Management BMPs from List No.I in ECDC 18.30.060.D.5.d shall be evaluated for all new plus replaced hard surfaces and land disturbed. Projects are not required to evaluate BMPs in priority order or document infeasibility. The project applicant may be subject to an extra permit processing fee for City review of the geotechnical analysis. Projects are required to comply with all other applicable City requirements, such as ECDC 19.10 (earth subsidence and landslide hazard areas). ii. For sites located outside earth subsidence and landslide hazard areas or their buffers, ECDC 18.30.060.D.5.ii and ECDC 18.30.060.D.5.iii shall be followed to evaluate site appropriate BMP's. c. Subject to prior approval by the City, project sites may pump on -site runoff to the City's MS4. A quantitative downstream analysis in accordance with Minimum Requirement No. 4 and the Edmonds Stormwater Addendum will be required. If the City's MS4 does not have adequate capacity to receive the applicant's pumped flows, the applicant is required to install an on -site detention system to store runoff and pump it to the MS4 at an approved rate. vi. Projects under 2,000 SF of new plus replaced hard surfaces which discharge to an existing BMP with a surfaces overflow, shall expand the BMP size for the proposed new plus replaced hard surfaces based on existing design data. Alternatively, or where existing design data can not be found, the project shall discharge to a separate system appropriate sized per the designer. c. LID Performance Standard For projects that elect to meet the LID Performance Standard to comply with ECDC 18.30.060.D.b (ii) and (iii), Stormwater discharges shall match developed discharge durations to pre -developed durations for the range of pre -developed discharge rates from 8 percent of the 2-year peak flow to 50 percent of the 2-year peak flow from the project site. Refer to the Standard Flow Control Requirement section in Minimum Requirement No. 7 for information about the assignment of the pre -developed condition. Project sites that must also meet Minimum Requirement No. 7 shall match flow durations between 8 percent of the 2-year flow through the full 50-year flow. Version: July 2021 Packet Pg. 150 Edmonds Page 17/25 Chapter 18.30 STORM WATER MANAGEMENT i. Projects meeting the LID performance criteria are still required to comply with the requirements for BMP T5.13: Post -Construction Soils Quality and Depth, to the maximum extent feasible. d. List No.I for Category 1 project sites: On -site Stormwater Management BMPs for Projects Triggering Minimum Requirements No. 1 through No. 5. For projects that elect to use List No. 1 to comply with ECDC 18.30.060.D.b (ii), for each surface, consider the BMPs in the order listed for that type of surface. Use the first BMP that is considered feasible. No other On -site Stormwater Management BMP is necessary for that surface. Feasibility shall be determined by evaluation against design criteria, limitations, and infeasibility criteria identified for each BMP in the SWMMWW and the Edmonds Stormwater Addendum; and Competing Needs Criteria listed in Chapter 3 of Volume I of the SWMMWW. Lawn and landscaped areas: Roofs: Post -Construction Soil Quality and Depth in accordance with BMP T5.13 in Volume V of the SWMMWW. Full Dispersion in accordance with BMP T5.30 in Volume V of the SWMMWW. ii. Downspout Full Infiltration Systems in accordance with BMP T5.10A in Volume V of the SWMMWW. iii. Rain Gardens in accordance with BMP T5.14 or Bioretention in accordance with BMP T7.30 of Volume V of the SWMMWW. The rain garden or bioretention facility must have a minimum horizontal projected surface area below the overflow which is at least 5 percent of the area draining to it. iv. Downspout Dispersion Systems in accordance with BMP T5.1 OB in Volume V of the SWMMWW. V. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum 6.3. vi. Perforated Stub -out Connections in accordance with BMP T5.1 OC in Volume V of the SWMMWW. Other Hard Surfaces: Full Dispersion in accordance with BMP T5.30 in Volume V of the SWMMWW. ii. Full infiltration for equivalent surfaces areas per BMP T5.10A and/or Permeable Pavement in accordance with BMP T5.15 in Volume V of the SWMMWW, or iii. Rain Gardens in accordance with BMP T5.14 or Bioretention in accordance with BMP T7.30of Volume V of the SWMMWW. The rain garden or bioretention facility must have a minimum horizontal projected surface area below the overflow which is at least 5 percent of the area draining to it. iv. Sheet Flow Dispersion in accordance with BMP T5.12, or Concentrated Flow Dispersion in accordance with BMP T5.11 in Volume V of the SWMMWW. V. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum 6.3. e. List No.2 for Category 2 project sites: On -site Stormwater Management BMPs for Projects Triggering Minimum Requirements No. 1 through No. 9. Version: July 2021 Packet Pg. 151 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 18/25 For projects that elect to use List No. 2 to comply with ECDC 18.30.060.D.b (iii), for each surface, consider the BMPs in the order listed for that type of surface. Use the first BMP that is considered feasible. No other On -site Stormwater Management BMP is necessary for that surface. Feasibility shall be determined by evaluation against design criteria, limitations, and infeasibility criteria identified for each BMP in the SWMMWW; and Competing Needs Criteria listed in Chapter 3 of Volume I of the SWMMWW. Lawn and landscaped areas: Roofs: Post -Construction Soil Quality and Depth in accordance with BMP T5.13 in Volume V of the SWMMWW. Full Dispersion in accordance with BMP T5.30 in Volume V of the SWMMWW. ii. Downspout Full Infiltration Systems in accordance with BMP T5.I OA in Volume V of the SWMMWW. iii. Bioretention in accordance with BMP T7.30 of Volume V of the SWMMWW. The rain garden or bioretention facility must have a minimum horizontal projected surface area below the overflow which is at least 5 percent of the area draining to it. iv. Downspout Dispersion Systems in accordance with BMP T5.1 OB in Volume III of the SWMMWW. V. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum 6.3. vi. Perforated Stub -out Connections in accordance with BMP T5.1 OC in Volume III of the SWMMWW. Other Hard Surfaces: Full Dispersion in accordance with BMP T5.30 in Volume V of the SWMMWW. ii. Full infiltration for equivalent surfaces areas per BMP T5.I OA in Volume III of the SWMMWW and/or Permeable pavement in accordance with BMP T5.15 in Volume V of the SWMMWW. iii. Bioretention (See Volume V of the SWMMWW) facilities that have a minimum horizontally projected surface area below the overflow which is at least 5 percent of the total surface area draining to it. iv. Sheet Flow Dispersion in accordance with BMP T5.12, or Concentrated Flow Dispersion in accordance with BMP T5.11 in Volume V of the SWMMWW. V. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum 6.3. Overflows: All non -dispersion BMPs sized solely for Minimum Requirement #5 are anticipated to have an overflow discharge on a semi -regular basis and therefore requires a sub -surface piped connection directly to the MS4 system. i. In order to eliminate a piped overflow connection, the project shall be designed to infiltrate 100% of the modelled 100-year storm per continuous modeling. A safe and certain surface overflow path must still be provided and may not negatively impact adjacent properties. ii. In cases where the City MS4 is not in a location where a reasonable connection can be made for a project in capable of fully infiltrating per ECDC 18.30.060.D.5.£i above: Version: July 2021 Packet Pg. 152 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 19/25 • Extensions equal to or less than the length of the project frontage would be anticipated and generally not consider for an exception to 18.30.060.D.5.f.i. • Extension exceeding the project frontage length will be considered on a case -by -case basis for exception to 18.30.060.D.5.f.i. 6. Minimum Requirement No. 6 — Runoff Treatment a. Project Thresholds: When assessing road -related projects against the following thresholds, only consider those hard and pervious surfaces that are subject to this minimum requirement per ECDC 18.30.060.C.2. For all other projects, the requirements apply to the new plus replaced hard surfaces and the converted vegetation areas. The following require construction of stormwater treatment facilities: Projects in which the total of pollution -generating hard surface (PGHS) is 5,000 square feet or more in a threshold discharge area of the project, or ii. Projects in which the total of pollution -generating pervious surfaces (PGPS) — not including permeable pavements — is 0.75 acres or more in a threshold discharge area, and from which there will be a surface discharge in a natural or man-made conveyance system from the site. b. Treatment -Type Thresholds and Facility Sizing: Treatment -Type Thresholds in accordance with Section 1.2, Volume III of the SWMMWW Phosphorus treatment shall be required for projects draining to Hall Creek and Lake Ballinger. ii. Treatment Facility Sizing, including Water Quality Design Storm Volume, Water Quality Design Flow Rate, and Downstream Facilities, in accordance with Chapter 3, Section 3.4.6, Volume I of the SWMMWW. c. Treatment Facility Selection, Design, and Maintenance Stormwater treatment facilities shall be: Selected in accordance with the process identified in Chapter 1 of Volume III of the SWMMWW, ii. Designed in accordance with the design criteria in Volume V of the SWMMWW, and iii. Maintained in accordance with the maintenance schedule in Volume V of the SWMMWW. d. Additional Requirements The discharge of untreated stormwater from pollution -generating hard surfaces to ground water will not be authorized by the City except for infiltration or dispersion of runoff through BMPs designed and implemented per ECDC 18.30 and SWMMWW. Minimum Requirement No. 7 — Flow Control a. Applicability: Flow control is required on projects meeting the thresholds summarized below to reduce the impacts of stormwater runoff from hard surfaces and land cover conversions. Flow control in accordance with Minimum Requirement No. 7 is not required for projects that discharge directly to, or indirectly through the City's MS4 to Puget Sound subject to the restrictions of the TDA Exemption (aka. direct discharge exemption) per SWMMWW Section 3.4.7 of Volume I (other minimum requirements may still apply). See ECDC 18.30.060.D.5.b.iv and Section 3.4.7 of Volume I of the SWMMWW for additional restrictions applicable to direct discharges to Puget Sound. Version: July 2021 Packet Pg. 153 Edmonds Page 20/25 Chapter 18.30 STORM WATER MANAGEMENT If the discharge drains to a stream that leads to a wetland, or to a wetland that has an outflow to a stream, both this minimum requirement (Minimum Requirement No. 7) and Minimum Requirement No. 8 apply. b. Thresholds: When assessing road -related projects against the following thresholds, only consider only those impervious, hard, and pervious surfaces that are subject to this minimum requirement per ECDC 18.30.060.C.2. For all other projects, the requirements apply to the new plus replaced hard surfaces and the converted vegetation areas. The following circumstances require achievement of the standard flow control requirement for western Washington: Projects in which the total of effective impervious surfaces is 10,000 square feet or more in a threshold discharge area, or ii. Projects that convert 0.75 acres or more of vegetation to lawn or landscape, or convert 2.5 acres or more of native vegetation to pasture in a threshold discharge area, and from which there is a surface discharge in a natural or man-made conveyance system from the site, or iii. Projects that through a combination of hard surfaces and converted vegetation areas cause a 0.10 cubic feet per second (cfs) increase or greater in the 100-year flow frequency from a threshold discharge area as estimated using the Western Washington Hydrology Model or other approved model and one -hour time steps (or a 0.15 cfs increase or greater using 15- minute time steps). Standard Flow Control Requirement (applies to discharges directly or indirectly to the City's MS4, except for projects that meet the direct discharge requirements outlined in "a" above and/or projects discharging to Perrinville Creek): Stormwater discharges shall match developed discharge durations to pre -developed durations for the range of pre -developed discharge rates from 50 percent of the 2-year peak flow up to the full 50-year peak flow. The pre -developed condition to be matched shall be a forested land cover unless reasonable, historic information is available that indicates the site was prairie prior to settlement (modeled as "pasture" in the Western Washington Hydrology Model). This standard requirement is waived for sites that will reliably infiltrate all the runoff from hard surfaces and converted vegetation areas. d. Perrinville Basin Flow Control Standard (applies to all discharges within the Perrinville Creek basin) shall be an elevated level of flow control design. Discharges to the Perrinville Creek Basin shall maintain the durations of high flows at their predevelopment levels for all flows greater than one-half of the 2-year flow up to the 50-year flow AND holding the 100-year peak flow rate at its predevelopment level. The predevelopment peak flow rates for the 2-year and 10-year runoff events are also intended to be maintained. e. Additional Requirement: Flow Control BMPs shall be selected, designed, and maintained in accordance with Volume III of the SWMMWW or an approved equivalent. 8. Minimum Requirement No. 8 — Wetlands Protection a. Applicability: The requirements below apply only to projects whose stormwater discharges into a wetland, either directly or indirectly through a conveyance system. b. Thresholds: The thresholds identified in Minimum Requirement No. 6 — Runoff Treatment, and Minimum Requirement No. 7 — Flow Control shall also be applied to determine the applicability of this requirement to discharges to wetlands. c. Standard Requirement: Projects shall comply with Guide Sheets No. 1 through No. 3 in Appendix I-D of the SWMMWW. The hydrologic analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless directed otherwise by a regulatory agency with jurisdiction. Version: July 2021 Packet Pg. 154 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 21/25 d. Additional Requirements: Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer, except for: Necessary conveyance systems as approved by the City; or ii. As allowed in wetlands approved for hydrologic modification or treatment in accordance with Guide Sheet 2 in Appendix I-D of the SWMMWW. An adopted and implemented basin plan prepared in accordance with the provisions of Section 7 of Appendix 1 of the Phase II NPDES Municipal Stormwater Permit. 9. Minimum Requirement No. 9 — Operation and Maintenance An operation and maintenance manual that is consistent with the provisions in Volume I and Volume V of the SWMMWW is required for proposed Stormwater Treatment and Flow Control BMPs/facilities. The party (or parties) responsible for maintenance and operation shall be identified in the operation and maintenance manual. For private facilities approved by the City, a copy of the operation and maintenance manual shall be retained on -site or within reasonable access to the site, and shall be transferred with the property to the new owner. For public facilities, a copy of the operation and maintenance manual shall be retained in the appropriate department. A log of maintenance activity that indicates what actions were taken shall be kept and be available for inspection. 18.30.070 Exceptions, Adjustments, and Appeals. A. Exceptions. 1. The Director may approve a request for an exception to the minimum requirements of this chapter following legal public notice of an application for an exception and of the Director's decision on the application. All legal public notice related to this request for an exception shall be in the manner prescribed in ECDC 20.03.002 and the applicant shall pay all costs to publish the legal public notices required by this provision. The Director shall provide and keep written findings of fact of the decision. 2. The approval of the exception shall only be granted when the applicant demonstrates that the requirement would cause a severe and unexpected economic hardship. To determine whether the requirement imposes a severe and unexpected economic hardship on the project applicant, the applicant must document for City review and approval, all of the following, at a minimum: a. The current, pre -project use of the site; and b. How application of the requirement(s) for which an exception is being requested restricts the proposed use of the site compared to the restrictions that existed prior to adoption of this chapter; and c. The possible remaining uses of the site if the exception were not granted; and d. The possible uses of the site that would have been allowed prior to the adoption of this chapter; and e. A comparison of the estimated amount and percentage of value loss as a result of the requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the requirements of this chapter; and f. The feasibility of the applicant to alter the project to apply the requirements of this chapter. 3. Any exception must meet the following criteria: a. The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and Version: July 2021 Packet Pg. 155 Edmonds Page 22/25 Chapter 18.30 STORM WATER MANAGEMENT b. The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements. 4. An exception to the requirements shall only be granted to the extent necessary to provide relief from the economic hardship as determined by the Director, to alleviate the harm or threat of harm to the degree that compliance with the requirement becomes technically feasible, or to perform the emergency work that the Director determines is warranted. 5. The Director may require an applicant to provide additional information at the applicant's expense, including (but not limited to) an engineer's report or analysis. 6. When an exception is granted, the Director may impose new or additional requirements to offset or mitigate harm or the threat of harm that may be caused by granting the exception, or that would have been prevented if the exception had not been granted. B. Adjustments. 1. The Director may approve a request for adjustments to the requirements of this chapter when the Director finds that: a. The adjustment provides substantially equivalent environmental protection; and b. The objectives of safety, function, environmental protection, and facility maintenance are met, based on sound engineering practices. During construction, the Director may require, or the applicant may request, that the construction of drainage control facilities and associated project designs be adjusted if physical conditions are discovered on the site that are inconsistent with the assumptions on which the approval was based, including (but not limited to) unexpected soil or water conditions, weather -generated problems, or changes in the design of the improved areas; and A request by the applicant for an adjustment shall be submitted to the Director for review and approval prior to implementation. The request shall be in writing and shall provide facts substantiating the requirements of subsection (C)(1) of this section, and if made during construction, the factors in subsection (C)(2) of this section. Any such modifications made during the construction of drainage control facilities shall be included with the final approved drainage control plan. C. Appeal. 1. The Director's decision on an application for an exception or adjustment may appeal to the hearing examiner in accordance with a Type II appeal process in ECDC Chapter 20.06. 2. The applicant shall carry the burden of proof. 3. The decision of the hearing examiner is appealable to superior court in accordance with Chapter 36.70C RCW. [Ord. 3792 § 1, 2010]. 18.30.080 Access and Covenants. A. Access. Proper ingress and egress shall be provided to the City to inspect or perform any duty imposed upon the City by this Title. The City shall notify the responsible party in writing of a failure to provide access. If the responsible party fails to respond within seven days from the receipt of notification, the City may order the work required to be completed or otherwise address the cause of improper access. The obligation for the payment of all cost that may be incurred or expended by the City in causing such work to be done shall be imposed on the person holding title to the subject property. B. Covenants. Maintenance covenants shall be required for each site/lot that will be maintained by a private entity such as an individual, corporation, or homeowner's association. The maintenance covenant shall address or append Version: July 2021 Packet Pg. 156 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 23/25 requirements and responsibilities for long-term management and maintenance the applicable BMP(s). Maintenance covenants shall be as specified in City Engineering Division documents or approved by the Director, and recorded with Snohomish County and on all proper deeds [Ord. 3792 § 1, 2010]. 18.30.090 Post Construction Inspection and Maintenance Roles and Responsibilities. Proper construction inspection and maintenance of stormwater facilities is essential for the protection of the City's MS4 and the environment. A. Stormwater Maintenance and Inspection Standards. Stormwater facilities shall be inspected and maintained per the requirements of Volume I and Volume V of the SWMMWW. For systems which do not have a maintenance standard, the owner shall develop a standard based on guidelines from the manufacturer, designer, or a registered professional engineer and submit the standards to the Director for approval. The purpose of the maintenance standard is to determine if maintenance is required. The maintenance standard is not a measure of the facility's required condition at all times between inspections. Exceeding the maintenance standard between inspections is not a violation of this chapter. B. Ownership. Stormwater facilities are either privately or publicly owned and maintained. All stormwater facilities that serve private property are private, unless an agreement between the property owner and the City states otherwise. Stormwater facilities that are privately owned by a homeowner's association or similar organization also are private. The City may offer an incentive program to owners to support the proper maintenance of private storm drainage facilities. C. Public Stormwater Facilities. The City shall be responsible for operating, maintaining, repairing, and replacing public stormwater facilities as funded through the Stormwater Utility. D. Maintenance and Inspection of Permanent Facilities. All privately owned storm drainage facilities or controls shall be maintained by the owner, or the homeowner or owner association ("owner") if one is established as part of a residential or commercial development. All private storm drainage facilities shall be regularly inspected to ensure proper operation and shall monitor the facility or control as required or as set forth in the SWMMWW. The Owner shall maintain records of inspection and maintenance, disposal receipts, and monitoring results. The records shall catalog the action taken, the person who took it, the date said action was taken, how it was done, and any problems encountered or follow-up actions required. The records shall be made available to the City upon request. The Owner shall maintain a copy of the Stormwater Operations and Maintenance Manual (if required) on site, and shall make reference to such document in real property records filed with Snohomish County, so others who acquire real property served by the privately owned storm drainage facilities or controls are notified of their obligation to maintain such facilities or controls. E. City Inspection of private stormwater facilities. The City shall have the authority to periodically inspect private stormwater facilities, including low impact development stormwater facilities, for compliance with this chapter. F. Right of Entry. An authorized representative of the City may enter private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by the a state or Federal program provided that the City makes a good faith effort to notify the property owner or person responsible for the premises prior to entering and presents proper credentials to that person. If entry is refused or cannot be obtained, the Director shall have recourse to every remedy provided by law to secure entry, including but not limited to, obtaining an administrative warrant for entry. G. Right of Entry for Illicit Discharge. In the event of an illicit discharge from a privately -owned stormwater facility caused by improper maintenance or operation or other circumstance, the provisions of ECC 7.200 shall apply. H. Maintenance Responsibilities. Upon written notice by the City, a private stormwater facility shall be promptly repaired and/or brought up to applicable standards by the property owner or the person responsible for said facility. If a private stormwater facility serves multiple lots and the responsibility for maintenance has not been specified on a recorded subdivision plat, short plat, or other legal document, maintenance, operation and repair responsibility Version: July 2021 Packet Pg. 157 7.1.a Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 24/25 shall rest with the homeowners' association, if one exists, or otherwise with the properties served by the facility, or finally, with the owners of the property on which the facilities are located. I. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from storm water maintenance activities, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. 18.30.100 Enforcement Procedures. A. General enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter. The choice of enforcement action is at the discretion of the City. B. Civil Penalties Adopted. ECDC Chapter 20.110 enforcement procedures are herein adopted in full, as modified in this chapter, with the proviso that repeat offenders or violations deemed an immediate public hazard shall be subject to compliance and appeal timelines as deemed appropriate by the Director based on the specific nature of the violation. C. Maintenance Orders. The Director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it into compliance with this chapter, the SWMMWW, the Edmonds Stormwater Addendum, and the Edmonds Community Development Code. The order shall include: 1. A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur; 2. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and 3. A reasonable time to comply, depending on the circumstances. D. Civil Penalty. A person who fails to comply with the requirements of this chapter, who fails to conform to an approval or order issued, who undertakes development without first obtaining approval, or who fails to comply with a stop work order issued under these regulations shall be subject to a civil penalty levied in accordance with the provisions of ECDC Chapter 20.110; provided, however, that the appeal process shall commence with a notice of violation as provided in ECDC 20.110.040.13. 1. Civil penalties for code violations shall be imposed in accordance with the provisions of ECDC Chapter 20.110; provided, however, that in addition to the penalties set forth in that chapter, the hearing examiner is authorized to levy a penalty of up to twenty thousand dollars ($20,000) per occurrence based upon an assessment of the following factors. Where such factors are present, the hearing examiner is authorized to levy such penalty after taking into consideration the full impact of the violation and any mitigating circumstances (see subsection (2) below): a. The violation created a risk to public health and the significance of the risk. b. The violation damaged the environment and the significance of the damage. c. The violation caused damage to public and private property and the significance of such damage. d. A history of similar violations, if any. e. The economic benefit of the violations, if any, to the person or entity responsible for the violations. 2. Mitigating circumstances which may be used to offset or reduce the time resulting from the application of the preceding factors are limited to: a. Full compliance with a voluntary compliance agreement and no history of similar violations. Version: July 2021 Packet Pg. 158 7.1.a Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 25/25 b. Full compliance with a voluntary compliance agreement and a history of one or two similar violations (lesser reduction). c. A "voluntary compliance agreement' is defined as a legally binding agreement entered into between the City and the alleged violators, by which the violator(s) acknowledge the existence of the violation, waive all appeal rights, and agree to and do pay a fine in an amount stipulated to between the violator and the City. If the violation(s) are not corrected as ordered, or a voluntary compliance agreement is not entered into within that time period and no appeal is filed, the penalty for the next 15-day period shall be 150 percent of the initial penalties, and the penalties for the next 15-day period shall be 200 percent of the initial penalties. The intent of this subsection is to increase penalties beyond the maximum penalties stated as an additional means to achieve timely compliance. Unless otherwise provided in a voluntary compliance agreement, civil penalties shall be paid within 30 days of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter. The City may suspend immediate payment of civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, if corrective action identified in the voluntary compliance agreement is not completed as specified, or if the property is allowed to return to a condition similar to that condition which gave rise to the voluntary compliance agreement; provided, however, that additional penalties shall not be imposed until additional notice and opportunity for hearing have been provided in accordance with ECDC Chapter 20.110. Civil penalties assessed create joint and several personal obligations in all persons responsible for a code violation. E. The determination of the hearing examiner issued in accordance with ECDC Chapter 20.110 shall be appealable to the Snohomish County superior court in accordance with the provisions of Chapter 36.70C RCW. F. The remedies provided for in this section shall not be exclusive. The City may also use other civil and administrative remedies available to it, including but not limited to the remedies provided in ECDC Title 19 and the state building and dangerous buildings codes. Version: July 2021 Packet Pg. 159 7.1.b Edmonds Chapter 18.30 STORM WATER MANAGEMENT Chapter 18.30 STORMWATER MANAGEMENT Sections: 18.30.000 Purposes. 18.30.010 Definitions. 18.30.020 Authority and Regulation. 18.30.030 Applicability. 18.30.040 Exemptions. 18.30.050 Administration. 18.30.060 Requirements. 18.30.070 Exceptions, Adjustments, and Appeal. 18.30.080 Access and Covenants. 18.30.090 Post Construction Inspection and Maintenance Roles and Responsibilities. 18.30.100 Enforcement Procedures. 18.30.000 Purposes. Page 1/27 A. To set forth standards for managing stormwater runoff from construction and development sites to minimize 1. Degradation of surface water quality by controlling the scouring and sedimentation of creeks, streams, wetlands, ponds, lakes, other water bodies. 2. Degradation of groundwater quality. 3. Damage to adjacent and other downstream private properties from erosion or other impacts from stormwater runoff. 4. Damage of City -owned parcels, City roads, rights -of -way and associated infrastructure. B. To comply with requirements in the Phase II National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit as issued by the Washington State Department of Ecology (Ecology). C. To complement site planning activities that minimize: 1. Impervious surfaces area. 2. The loss of native or non-native site vegetation. 3. The generation of stormwater runoff. D. To make low impact development (LID) the preferred and commonly used approach to site development; to require LID be considered at the site planning stage; and to implement LID BMPs unless they are infeasible. E. To require that all publicly -owned and privately -owned Stormwater Treatment and Flow Control best management practices (BMPs)/Facilities are operated, maintained and repaired in manner that conforms to this chapter. F. To provide the authority for the City to inspect privately -owned Stormwater Treatment and Flow Control BMPs/Facilities. G. To provide enforcement procedures for ensuring compliance with this chapter. Version: September Q 201cJuly 2021 Packet Pg. 160 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 2/27 18.30.010 Definitions. For the purposes of this chapter, the following definitions shall apply: Arterial. A road or street primarily for through traffic. The term generally includes roads or streets considered collectors. It does not include local access roads which are generally limited to providing access to abutting property. See also RCW 35.78.010, RCW 36.86.070, and RCW 47.05.021. Adjustment. A variation in the application of a minimum requirement to a particular project. Adjustments provide substantially equivalent environmental protection. Applicant. The owning individual(s) or corporations or their representatives applying for the permits or approvals described in this chapter. Approval. The proposed work or completed work conforming to this chapter as approved by the public works Director or their designee. Best management practices (BMPs). The schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the City that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. Bioretention BMPs. Engineered facilities that treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation. Refer to the 2-04.4-2019 Stonrynwater Management Manual for Western Washington (SWMMWW), r'ia�Volume V for bioretention BMP types and design specifications. Category 1 Project Site. A project site subject to Minimum Requirements No.I through No.5. See ECDC 18.30.60. C. Category 2 Project Site. A project site subject to Minimum Requirements No.I through No.9. See ECDC 18.30.60.C. Certified Erosion and Sediment Control Lead (CESCL). An individual who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (see BMP C160 in the SWMMWW). A CESCL is knowledgeable in the principles and practices of erosion and sediment control. The CESCL must have the skills to assess site conditions and construction activities that could impact the quality of stormwater and, the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. Certification is obtained through an Ecology approved erosion and sediment control course. Course listings are provided online at Ecology's website. City's municipal separate storm sewer system or "MS4." A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that are owned or operated by the City of Edmonds, designed or used for collecting or conveying stormwater, and are not a combined sewer nor part of a publicly owned treatment works as defined in 40 Code of Federal Regulations (CFR) 122.2, and which is defined as "large" or "medium" or "small" or otherwise designated by Ecology pursuant to 40 CFR 122.26. Clearing. The destruction and removal of vegetation by manual, mechanical, or chemical methods. Commercial Agriculture. Those activities conducted on lands defined in RCW 84.34.020(2) and activities involved in the production of crops or livestock for commercial trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Common plan of development or sale. A site where multiple separate and distinct construction activities may be taking place at different times on different schedules and/or by different contractors, but still under a single plan. Version: September Q 201cJuly 2021 Packet Pg. 161 7.1.b Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 3/27 Examples include: 1) phase projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); 2) a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; 3) projects in a contiguous area that maybe unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility; and 4) linear projects such as roads, pipelines, or utilities. If the project is part of a common plan of development or sale, the disturbed area of the entire plan must be used in determine permit requirements. Converted vegetation (areas). The change in land cover changed from native vegetation, pasture scrub/shrub, or unmaintained non-native vegetation to lawn or landscaped areas, or where native vegetation is converted to pasture. Creek. Is synonymous with "streams," which is defined in ECDC 23.40.320. Detention facility. An above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored stormwater. Development. Land -disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses. Creation or addition of hard surfaces, or replacement of hard surface that is not part of a routine maintenance activity. Structural development, including construction, installation, replacement, or expansion of a building or other structure. Subdivision, short subdivision, and binding site plans, as defined and applied in Chapter 58.17 RCW Director. The City's Public Works and Utilities Director or a designee with an appropriate background in engineering or another related discipline. Discharge point. The location where a discharge leaves the municipal separate storm sewer system (MS4) through the City's MS4 facilitiesBMPs designed to infiltrate. Ecology. The Washington State Department of Ecology. Effective impervious surface. Those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system. Impervious surfaces on residential development sites are considered ineffective if: 1) the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP T5.30 — "Full Dispersion," as described in Chapter 5 of Volume V of the SWMMWW; 2) residential roof runoff is infiltrated in accordance with downspout Full Infiltration Systems in BMP T5.10A in Volume III of the SWMMWW; or 3) approved continuous runoff modeling methods indicate the entire runoff file is infiltrated. Erodible or leachable materials. Wastes, chemicals, or other substances that measurably alter the physical or chemical characteristics of runoff when exposed to rainfall. Examples include erodible soils that are stockpiled, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, and garbage dumpster leakage. Erosion. The wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Also, detachment and movement of soil or rock fragments by water, wind, ice, or gravity. See the SWMMWW Glossary for examples of types of water erosion. Excavation. The mechanical removal of earth material. Exception. Relief from the application of a minimum requirement to a project. Fill. A deposit of earth material placed by artificial means. Groundwater. Water in a saturated zone or stratum beneath the land surface or below a water body. Hard surface. An impervious surface, a permeable pavement, or a vegetated roof. Version: September Q 201cJuly 2021 Packet Pg. 162 7.1.b Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 4/27 Highway. A main public road connecting towns and cities. In Edmonds, this includes State Route 99, State Route 524, and portions of State Route 104, that are classified as principal arterials in the City's comprehensive transportation plan. Illicit discharge. Any direct or indirect non-stormwater discharge to the City's MS4, groundwaters, or a water body, except as expressly allowed by ECDC Chapter 7.200. Impervious surface. A non -vegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non -vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces that similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered impervious surfaces for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling. Outdoor swimming pools shall be considered impervious surfaces in all situations. In addition, lawns, landscaping, sports fields, golf courses, and other areas that have modified runoff characteristics resulting from the addition of underdrains and impermeable or low permeability liners are to be considered impervious surfaces. If no liner is installed, these areas (lawns, landscaping, sports fields, golf courses, etc.) served by underdrains may be considered partially pervious if the underdrain is set a minimum of 8 inches above the in -situ soils in a manner to allow infiltration over the facility bottom. Lake. An inland body of fresh water surrounded by land. Land disturbing activity. Any activity that results in a change in the existing soil cover (both vegetative and non - vegetative) and/or the existing soil topography. Land -disturbing activities include but are not limited to demolition, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land -disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land -disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. Low impact development (LID). A stormwater and land use strategy that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site features, site planning, and distributed stormwater management practices that are integrated into a project design. LID Best Management Practices (BMPs). Distributed stormwater management practices, integrated into a project design, that emphasize pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re -use. LID principles. Land use management strategies that emphasize conservation, use of on -site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. Maintenance. Repair and maintenance activities conducted on currently serviceable structures, facilities, and equipment that involves no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. One example is the replacement of a collapsed, fish blocking, round culvert with a new box culvert under the same span, or width, of roadway. In regard to stormwater facilities, maintenance includes assessment to ensure ongoing proper operation, removal of built up pollutants (i.e., sediments), replacement of failed or failing treatment media, and other actions taken to correct defects as identified in the maintenance standards of Chapter-4Appendix A, Volume V of the SWMMWW. Version: September Q 201cJuly 2021 Packet Pg. 163 7.1.b Edmonds Page 5/27 Chapter 18.30 STORM WATER MANAGEMENT Maximum extent practicable (MEP). Refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act which reads as follows: Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques, and system, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants. MS4. The City's municipal separate storm sewer system. Native vegetation. Vegetation comprised of plant species, other than noxious weeds, indigenous to the coastal region of the Pacific Northwest which could have been reasonably expected to occur naturally on the site. Examples include trees such as Douglas fir, western hemlock, western red cedar, alder, big -leaf maple, and vine maple; shrubs such as willow, elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and fireweed. Natural drainage systems and outfalls. The location of the channels, swales, and other non -manmade conveyance systems as defined by the earliest documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. New Development. Land disturbing activities, including Class IV -general forest practices that are conversions from timberland to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision, and binding site plans, as defined and applied in Chapter 58.17 RCW. ECDC 18.30 does not distinguish the difference between new development and redevelopment: all proiects in Edmonds shall meet the reauirements for new development. New Impervious Surface. A surface that is: 1) changed from a pervious surface to an impervious surface (e.g_ resurfacing by upgrading from dirt to gravel, a bituminous surface treatment ("chip seal"), asphalt, concrete, or an impervious structure); or 2) upgraded from gravel to chip seal, asphalt, concrete, or an impervious structure; or 3) upgraded from chip seal to asphalt, concrete, or an impervious structure. Note that if asphalt or concrete has been overlaid by seal, the existing condition should be considered as asphalt or concrete. Outfall. A point source as defined by 40 CFR 122.2 at the point where a discharge leaves the City's MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). On -site Stormwater Management BMPs. A synonym for Low Impact Development BMPs. Permeable pavement. Pervious concrete, porous asphalt, permeable pavers or other forms of pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. Pervious Surface. Any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. Person. Any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or City government unit, however designated. Pollution -generating hard surface (PGHS). Those hard surfaces considered to be a significant source of pollutants in stormwater runoff. See the listing of surfaces under pollution -generating impervious surface. Pollution -generating impervious surface (PGIS). Those impervious surfaces considered to be a significant source of pollutants in stormwater runoff. Such surfaces include those which are subject to: vehicular use; industrial activities (as further defined in the glossary of the SWMMWW); storage of erodible or leachable materials, wastes, or chemicals, and which receive direct rainfall or the run-on or blow-in of rainfall; metal roofs unless they are coated with an inert, non -leachable material (e.g., baked -on enamel coating); or roofs that are subject to venting significant amounts of dusts, mists, or fumes from manufacturing, commercial, or other indoor activities. Version: September Q 201cJuly 2021 Packet Pg. 164 7.1.b Edmonds Page 6/27 Chapter 18.30 STORM WATER MANAGEMENT Pollution -generating pervious surfaces (PGPS). Any pervious surface subject to )—vehicular use, 2)L industrial activities (as further defined in the glossary of the SWMMWW); or 31storage of erodible or leachable materials, wastes, or chemicals, and that receive direct rainfall or run-on or blow-in of rainfall, use of pesticides and fertilizers, or Sloss of soil. Typical PGPS include permeable pavement subject to vehicular use, lawns, and landscaped areas including: golf courses, parks, cemeteries, and sports fields (natural and artificial turf). Pre -developed condition. The native vegetation and soils that existed at a site prior to the influence of Euro- American settlement. The pre -developed condition shall be assumed to be a forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement. Project: Any proposed action to alter or develop a site. Project site. That portion of a property, properties, and/or right-of-way subject to land -disturbing activities, new hard surfaces, or replaced hard surfaces. For projects that involve land disturbing activity on one or more parcels and/or land disturbing activity in the City right-of-way, the "Project site" includes all areas of land disturbance. If the project is part of a common development plan or sale, the disturbed area of the entire plan shall be used in determining permit requirements. Rain garden. A non -engineered shallow landscaped depression, with compost -amended native soils and adapted plants. The depression is designed to pond and temporarily store stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil profile. Receiving waterbody or Receiving waters. Naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a MS4 discharges. Redevelopment. ECDC 18.30 does not distinguish the difference between new development and redevelopment; all projects in Edmonds shall meet the requirements for new development. Where existing unmitigated surfaces are to remain, the additional "retro-fit" requirement per ECDC 18.30.060.D.5.b.i Replaced hard surface. For structures means the removal and replacement of hard surfaces down to the foundation. For other hard surfaces, it means the removal down to bare soil or base course and replacement. Replaced impervious surface. For structures, the removal and replacement of any exterior impervious surfaces down to the foundation. For other impervious surfaces, it means the removal down to bare soil or base course and replacement. Roadway. Traveled hard surface portion of any public or private road or street. Road -related project. A project that all of, or the majority of, the new or replaced hard surface consist of roadway, shoulders, curbs, gutters, sidewalks, or walkways, either publicly or privately funded. Frontage improvements constructed as a requirement for a development project are not consider a road -roadway project. Runoff. Water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands, as well as shallow ground water. It also means the portion of rainfall or other precipitation that becomes surface flow and interflow. Site. The area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to development. For road projects, or utility projects in the right-of-way, the length of the project site and the right-of-way boundaries define the site. Note that drainage impacts are generally assessed for the "project site", under separate definition. Slope. The degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a 50 percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a 90-degree slope being vertical (maximum) and 45 degrees being a 1:1 or 100 percent slope. Version: September Q 201cJuly 2021 Packet Pg. 165 7.1.b Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 7/27 Soil. The unconsolidated mineral and organic material on the intermediate surface of the earth that serves as a natural medium for the growth of land plants. Source control BMPs. A structure or operation that is intended to prevent pollutants from coming into contact with storm water through physical separation of areas or careful management of activities that are sources of pollutants. The SWMMWW separates source control BMPs into two types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational Source Control BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. See Volume IV of the SWMMWW for details. Stormwater facility. A constructed component of a stormwater drainage system, designed and constructed to perform a particular function or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales. Stormwater Management Manual for Western Washington (SWMMWW). The Washington State Department of Ecology's 24Q�2019(as ri,orao�' ^` Stormwater Management Manual for Western Washington. Referred to as the 20142019 SWMMWW. Stormwater site plan. The comprehensive report containing all of the technical information and analysis necessary for regulatory agencies to evaluate a proposed development project for compliance with stormwater requirements. Contents of the Stormwater Site Plan will vary with the type and size of the project, and individual site characteristics. It includes a Construction Stormwater Pollution Prevention Plan (Construction SWPPP) and a Permanent Stormwater Control Plan (PSC Plan). Guidance on preparing a Stormwater Site Plan is contained in Chapter 3 of Volume I of the SWMMWW. Stormwater Treatment and Flow Control BMPs/Facilities. Detention facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Minimum Requirements No.6 (Treatment), Minimum Requirement No.7 (Flow Control), or both as described in ECDC 18.30.060. Threshold discharge area. An on site area within a project site that drains to either -draining to a single natural discharge location or multiple natural discharge locations that combine within one -quarter mile downstream (as determined by the shortest flowpath). The examples min Figure 4971: Example TDA Delineations below, - presented in Volume 1 of the c.x"MN43A AI illustrate this definition. The purpose of this definition is to clarify how the thresholds of this code are applied to project sites with multiple discharge points. Version: September Q 201cJuly 2021 Packet Pg. 166 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 8/27 Example of a Site with a Example of a Site with Example of a Site with Single Natural Discharge Multiple Natural Multiple Natural Discharges and a Single Threshold Discharges and a Single and Multiple Threshold Discharge Area Threshold Discharge Area Discharge Areas Natural � -.Natural Natural Natural Natural schar _ atge- ..- Discha" ---fischarge - ---• ` ..- '(7ischaiq�.4- Disehp-W Area Area 1 Area 2 Area I Area 2 THRESHOLD �' ... HOLD HRESIIOLD THRESHOLD ENSCHARGE ........"""JHRE �15C ,4RG�-�-'--,;'� "- DISCHARGE D15CHAf�U� -- AREA-- a4 '.,A Elrr AREA ik rA7EA 2 (Shaded} , edj (shad) f Natural~ Natural i Natural r' Discharge Discharge i Discharge Location LocAon i Location - 1 1 l ! >, 1 � ` Y4 Mife Downstream ._-------------- (shortest flow nath) } ` ----------__� _ »� w m c m 0 I M 00 U C U W I m r C d E z c� t0 r a E M a Version: September Q 2015Ju1y2021 Packet Pg. 167 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Figure 1: Example TDA Delineations Page 9/27 Example of a Project Site Example of a Project Site Example of a Project Site with with a single natural with multiple natural multiple natural discharges and discharge and a single TDA discharges and a single TDA multiple TDAs ' .._.�'--- Jy ,TDA - TDA Single - TDA 2 Natural r Natural J 1 Natural discharge Greater than location discharge discharge 1I4 mile locations 114 milelocations r ` 114 miles f 1/4 mile i i Example of a road project with multiple d1wharge points and a single TDA o mBecause the right -most discharge . connecls to the other two discharge flow �I roadway crown paths within I mite, all areas are �i connected as one TDA. Discharge 114 mde 114 mile location — - 114 mile -. c S 3 / Example of a road project with multiple ` / discharge points and multiple TDAs. 4 !C Note: Shaded areas represent - Discharge 11+i mle the limits of the location project site. 11 4 NOT TO SCALE Example TDA Delineations DEPARTMENT OF Revised March 2018 ECOLOGYPlease see http.IA+vwwecyy wa.govloopyright htmf for copyright notice including permissions, State of Washington limitation of liability, and disclaimer. to d C N 0 I M 06 U 0 U W I m C N E t v R r r Q t v a Version: September 8, 2015July 2021 Packet Pg. 168 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 10/27 Vehicular Use. Regular use of an impervious or pervious surface by motor vehicles. The following are subject to regular vehicular use: roads, un-vegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unrestricted access fire lanes, vehicular equipment storage yards, and airport runways. The following are not considered subject to regular vehicular use: sidewalks not subject to drainage from roads for motor vehicles, paved bicycle pathways separated from and not subject to drainage from roads for motor vehicles, restricted access fire lanes, and infrequently used maintenance access roads. Waterbody. Surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands. Waters of the state. Includes those waters defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State, and "waters of the state" as defined in Chapter 90.48 RCW which includes lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the state of Washington. Wetlands. As defined in ECDC 23.40.005. [Ord. 4026 § 1 (Att. A), 2016]. 18.30.020 Authority and Regulation. A. The Public Works and Utilities Director shall administer this chapter and shall be referred to as the Director. B. The Director shall have the authority to develop, implement, and enforce policies and procedures to administer and enforce this chapter per ECDC 18.30.110 and 18.30.120, such as the Edmonds Stormwater Addendum. C. The requirements of this chapter are minimum requirements. They do not replace, repeal, abrogate, supersede, or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this chapter imposes requirements that are more protective of human health or the environment than those set forth elsewhere, the provisions of this chapter shall prevail. When this chapter imposes requirements that are less protective of human health or the environment than those set forth elsewhere, the provisions of the more protective requirements shall prevail. D. The Director shall have the authority to impose additional requirements on a project or site to meet the purpose of this chapter based on site -specific factors including, but not limited to, location, soil conditions, slope, and designated use. E. Approvals and permits granted under this chapter are not waivers of the requirements of any other laws, nor do they indicate compliance with any other laws. Compliance is still required with all applicable federal, state and local laws and regulations, including rules promulgated under authority of this chapter. F. Compliance with the provisions of this chapter does not necessarily mitigate all impacts to the environment. Thus, compliance with this chapter should not be construed as mitigating all drainage water or other environmental impacts, and additional mitigation may be required to protect the environment pursuant to other applicable laws and regulations. The primary obligation for compliance with this chapter and for preventing environmental harm on or from property is placed upon the applicant. [Ord. 3792 § 1, 2010]. 18.30.030 Applicability. A. This chapter applies to applications_ 1_-sSubmitted on or after January 1, 244-'-2022, and 2_ pplieatiens-sSubmitted prior to January 1, 2017, which have not started construction by January 1, 2022, and 4-3. Submitted prior to January 1, 2022, which have not started construction by July 1, 2027. Version: September Q 201cJuly 2021 Packet Pg. 169 Edmonds Page 11/27 Chapter 18.30 STORM WATER MANAGEMENT B. This chapter applies to the following actions on sites that discharge to the City's MS4 or discharges to waters of the state whether or not a City -issued permit is required: 1. Land -disturbing activity, or 2. Creation of new hard surfaces, or 3. Replacement of existing hard surfaces, or 4. Conversion of pervious surfaces, or 5. New connections to the City's MS4, or 6. Any other actions that can increase the volume or rate of stormwater runoff, or cause the generation of pollutants, from the site. 18.30.040 Exemptions. A. Full Exemptions. The following land uses and land -disturbing activities are exempt from the provisions of this chapter: 1. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timberland to other uses, are exempt from the provisions of the minimum requirements. 2. Commercial agriculture practices that involve working land for production are generally exempt. However, land conversion from timberland to agriculture and the construction of impervious surfaces are not exempt. 3. Construction of drilling sites, waste management pits, and associated access roads, and construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations are exempt. Operators are encouraged to implement and maintain best management practices to minimize erosion and control sediment during and after construction activities to help ensure protection of surface water quality during storm events. 4. The following pavement maintenance practices or activities are exempt: pothole and square -cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in -kind material without expanding the road prism, pavement preservation activities that do not expand the road prism, and vegetation maintenance. B. Partial Exemptions. The following land uses and land -disturbing activities are partially exempt from the provisions of this chapter: 1Underground utility projects that replace the ground surface with in -kind material or materials with similar runoff characteristics are only subject to Minimum Requirement No. 2, Construction Stormwater Pollution Prevention. a. Utility installations as part of a development project, whether in the right-of-way or on private property, are not considered an underground utility project for the sake of this partial exemption. 2. The following pavement maintenance practices or activities are considered development, and therefore are not categorically exempt. . a. Removing and replacing a paved surface to base course or a lower level, or repairing the pavement base: if impervious suffaces are not expanded, Minimm Requirements No. 1 No. 5 apply when the thfesholds identified for development projeets in ECDC 19.30.060 are met. Where appropriate, project Version: September Q 201cJuly 2021 Packet Pg. 170 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 12/27 proponents are eneouraged to look for opportunities to use permeable and porous pavements, These are considered replaced hard surfaces. b. Extending the pavement edge without increasing the size of the road prism or paving graveled shoulders: these are considered new shard surfaces and are subjeet to the mini ..w requirements that are triggered when the thresholds identified for developmen4 projeets in ECDC 183n 060 are me c. Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; or upgrading from gravel to asphalt or concrete; or upgrading from a bituminous surface treatment ("chip seal") to asphalt or concrete: these are considered new imper hard surfaces and afe ubje t to the milliffFamor.s tha4 afe triggered when the thfeshelds idewified fer develepment pr-ejeets in ECDC 18.30.060 are met.. 18.30.050 Administration. A. Application, Submittals, and Review. 1. The Director shall review all plans and all other submittals required by ECDC 18.30.050.A.3 for compliance with this chapter when: a. An application for a City permit is required under all other chapters of ECDC Title 18 or 19, or b. A subdivision application is submitted per ECDC 20.75.040. 2. In all other situations when actions under ECDC 18.30.030 apply to a project site, review shall be under a Stormwater permit. 3. All stormwater review submittals shall contain, in addition to the information required under any other applicable City code, a Stormwater Site Plan as described in the Edmonds Stormwater Addendum (see ECDC 18.30.060) and any other information required by the Director. B. Inspections. 1. The Director shall inspect projects at various stages of the work to determine if they comply with the requirements of this chapter, and enforcement actions shall be taken as necessary. These inspections will include, but not be limited to, the following: a. Prior to site clearing and construction to assess site erosion potential, and b. During construction to verify proper installation and maintenance of required erosion and sediment controls and other approved plan components, and c. All permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments every six months until 90 percent of the lots are constructed (or when construction is stopped and the site is fully stabilized) to identify maintenance needs and enforce compliance with maintenance standards as needed, and d. Upon completion of construction and prior to final approval to ensure proper installation of permanent Stormwater control facilities and verify that a maintenance plan is completed and responsibility for maintenance is assigned for stormwater treatment and flow control BMPs/facilities, and e. Post -Construction inspections per ECDC 18.30.090. Version: September Q 201cJuly 2021 Packet Pg. 171 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 13/27 2. When reasonably required by the Director to accomplish the purpose of this chapter or to comply with local, state or federal law or regulation on stormwater, special inspection or testing shall be performed by the applicant. C. Fees. Application, review and inspection fees as set in ECDC Chapter 15.00 shall be paid. 18.30.060 Requirements. A. Documents. The sources of the stormwater management requirements for the City are from the following documents: 1. Western Washington Phase II Municipal Stormwater Permit, Appendix 1, modification date january 16, 2044August 1, 2019 2. 2414 2019 Stormwater Management Manual for Western Washington (SWMMWW) 3. The Edmonds Stormwater Addendum In the event of conflicts between the various provisions, the more stringent provision shall apply. B. Illicit Discharges and Connections. Non-stormwater illicit discharges, including spills, into the MS4, groundwaters, or a water body from any developed or undeveloped lands are prohibited per ECDC Chapter 7.200. C. Thresholds and Applicability 1. The thresholds outlined in this section are only applicable to ECDC 18.30.060.C. See also the Edmonds Stormwater Addendum for supplemental information on thresholds. a. All development shall be required to comply with Minimum Requirement No. 2. b. Category 1 project sites shall comply with Minimum Requirements No. 1 through No. 5. Category 1 includes projects that: i. Result in 2,000 square feet, or greater, of new plus replaced hard surface area, or ii. Have land disturbing activity of 7,000 square feet or greater. c. Category 2 project sites shall comply with Minimum Requirements No. 1 through No. 9. Category 2 includes projects that: i. Result in 5,000 square feet, or greater, of new plus replaced hard surface area, or ii. Convert 0.75 acres, or more, of vegetation to lawn or landscaped areas, or iii. Convert 2.5 acres, or more, of native vegetation to pasture. 2. Additional Requirements for road -related projects. For road -related projects, runoff from the new and replaced hard surfaces (including pavement, shoulders, curbs, and sidewalks) and the converted vegetation areas shall meet all the minimum requirements only if the new hard surfaces total 5,000 square feet or more and total 50 percent or more of the existing hard surfaces within the project limits. Otherwise, the minimum requirements only apply to the new hard surfaces and the converted vegetation areas that exceed the thresholds in (1) above. The project limits shall be defined by the length of the project and the width of the right-of-way. 3New Connections to the City's MS4 when the proposed connection does not involve activity that meets the definition of development. Sites that are not currently connected to the City's MS4 but that wish to connect directly or indirectly to the City's MS4 may be allowed on a case -by -case basis, subject to City approval. For sites that propose to drain greater than or equal to 2,000 square feet of hard surface area to the City's MS4, the project shall comply with the requirement of this chapter, treating all hard surfaces to be drained to the City system as new hard surfaces, unless applicant can demonstrate that the site will discharge in the same manner and quantities prior to the proposed project. Applicant shall account for natural dispersion and/or infiltration which may be occurring if these new hard surfaces area currently drain through pervious areas. Version: September Q 201cJuly 2021 Packet Pg. 172 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 14/27 treatment (such as those outlined in ECDC 18.30.060.D [1] th ough [91) may be required if the conneeti poses any risk to downstream systems such as erosion, flooding, property damage, habitat damage, water— qualitydegradation, or- athef Felated wets. -34. Minimum Requirements may be met for an equivalent (flow and pollution characteristics) area. The equivalent area may be within the same TDA. If the equivalent area is outside the TDA, or off -site, the equivalent area must drain to the same receiving water and the guidance for equivalent facilities using in_ basin transfers must be followed, as detailed in Appendix D of Volume 1 of SWMMWW. D. Minimum Technical Requirements. This section describes the minimum technical requirements for stormwater management at development sites. 1. Minimum Requirement No. 1 — Preparation of Stormwater Site Plans The City shall require a Stormwater Site Plan from all projects meeting the thresholds in ECDC 18.30.060.C. Stormwater Site Plans shall use site -appropriate development principles to retain native vegetation and minimize impervious surfaces to the extent feasible. Stormwater Site Plans shall be prepared in accordance with Chapter 3 of Volume 1 of the SWMMWW and the requirements in the Edmonds Stormwater Addendum. 2. Minimum Requirement No. 2 — Construction Stormwater Pollution Prevention Plan (SWPPP) a. Thresholds: i. All development projects are responsible for preventing erosion and discharge of sediment and other pollutants into receiving waters. Compliance with this minimum requirement can be achieved for an individual site if the site is covered under Ecology's General NPDES Permit for Stormwater Discharges Associated with Construction Activities and fully implementing the requirements of that permit. ii. A Construction SWPPP is required for all projects which a) result in 2,000 square feet or more of new plus replaced hard surface area, b) where a structure with an exterior hard surface area of at least 2,000 square feet is being demolished, c) which disturb 7,000 square feet or more of land, or d) when the site falls within the Earth Subsidence Landslide Hazard Area, Landslide Hazard Area or steep slope critical area. Projects that do not meet any of the above criteria are not required to prepare a Construction SWPPP, but must consider all of the elements listed below for Construction SWPPPs and develop controls for all Construction SWPPP elements that pertain to the project site. b. General Requirements: The SWPPP shall include a narrative and drawings. All BMPs shall be clearly referenced in the narrative and marked on the drawings. The SWPPP narrative shall include documentation to explain and justify the pollution prevention decisions made for the project. Each of the thirteen elements referenced below must be considered and included in the SWPPP unless site conditions render the element unnecessary and the exemption from that element is clearly justified in the narrative of the SWPPP. ii. Clearing and grading activities for developments shall be permitted only if conducted pursuant to an approved site development plan (e.g., building permit, subdivision approval) that establishes permitted areas of clearing, grading, cutting, and filling. These permitted clearing and grading areas and any other areas required to preserve critical or sensitive areas, buffers, native growth protection easements, or tree retention areas as required by the City, shall be delineated on the site plans and the development site. iii. The SWPPP shall be implemented beginning with initial land disturbance and until final stabilization. Sediment and Erosion control BMPs shall be consistent with the BMPs contained in Chapter 4 of Volume II of the SWMMWW. Version: September Q 201cJuly 2021 Packet Pg. 173 Edmonds Chapter 18.30 STORM WATER MANAGEMENT c. Seasonal Work Limitations: Page 15/27 From October 1 through April 30, clearing, grading, and other soil disturbing activities may only be authorized by the City if it can be demonstrated that silt -laden runoff will be prevented from leaving the site through a combination of the following: Site conditions including existing vegetative coverage, slope, soil type, and proximity to receiving waters; and ii. Limitations on activities and the extent of disturbed areas; and iii. Proposed erosion and sediment control measures, in accordance with ECDC 18.30.060.D.2.d below. Based on the information provided and/or local weather conditions, the City may expand or restrict the seasonal limitation on site disturbance. The following activities are exempt from the seasonal clearing and grading limitations, except for sites lying in whole or in part within an earth subsidence and landslide hazard area as defined by ECDC 19.10.020.F: Routine maintenance and necessary repair of erosion and sediment control BMPs, ii. Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in the removal of the vegetative cover to soil, and iii. Activities where there is one hundred percent infiltration of surface water runoff within the site in approved and installed erosion and sediment control facilities. d. Construction SWPPP Elements Construction SWPPP elements are required in accordance with Chapter 23, Section 2'-5.23.4.2 of Volume I of the SWMMWW and the requirements in the Edmonds Stormwater Addendum. 3. Minimum Requirement No. 3 — Source Control of Pollution All known, available and reasonable source control BMPs must be required for all projects approved by the City. Source control BMPs must be selected, designed, and maintained in accordance with Volume IV of the SWMMWW. All single family residential projects shall, at a minimum, incorporate required BMPs from SWMMWW Volume IV, S411 — BMPs for Landscaping and Lawn/Vegetation Management. 4. Minimum Requirement No. 4 — Preservation of Natural Drainage Systems and Outfalls Natural drainage patterns shall be maintained, and discharges from the project site shall occur at the natural location, to the maximum extent practicable. The manner by which runoff is discharged from the project site must not cause a significant adverse impact to downstream receiving waters and down gradient properties. The discharge must have an identified overflow route that is safe and certain, and leads to the ultimate outfa111ocation (such as a receiving water or municipal drainage system). All outfalls require energy dissipation. To demonstrate compliance with this core requirement, all projects shall submit an off -site qualitative analysis. If an existing problem (or potential future problem after development) is identified, mitigation will be required to prevent worsening of that problem. A quantitative analysis may be required for any project deemed to need additional information or where the project proponent or the City determines that a quantitative analysis is necessary to evaluate the off -site impacts or the capacity of the conveyance system. See the Edmonds Stormwater Addendum for additional details on complying with this requirement. 5. Minimum Requirement No. 5 — On -site Stormwater Management Version: September Q 201cJuly 2021 Packet Pg. 174 Edmonds Chapter 18.30 STORM WATER MANAGEMENT a. Applicability: Page 16/27 On -site Stormwater Management BMPs are required in accordance with the following project thresholds, standards, and lists to infiltrate, disperse, and retain stormwater runoff on -site to the extent feasible without causing flooding or erosion impacts. See the SWMMWW and the Edmonds Stormwater Addendum for additional details on On -site Stormwater Management BMP infeasibility. b. Project Thresholds: There are five project scenarios outlined below that determine the applicability of Minimum Requirement No. 5 — On -site Stormwater Management. The first four scenarios apply to projects that discharge directly or indirectly to the City's MS4. The fifth scenario applies to project discharges that do not enter the City's MS4. Note that more than one of the five scenarios may apply to a given proj ect: Retrofit. Projects that discharge directly or indirectly to the City's MS4 and that contain existing hard surfaces on the parcel or common plan of development that do not drain to an approved stormwater management facility are required to provide On -site Stormwater Management BMPs to manage a portion of those existing hard surfaces that will remain after project completion. BMPs from List No.l (See ECDC 18.30.060.D.5.d) shall be applied to a minimum of 25 percent of those existing unmanaged surfaces, but to no more than the area equal to the proposed new plus replaced hard surfaces. Within the Perrinville Creek basin, the retrofit value shall be increased from 25% to 50%. Only for those existing unmanaged hard surfaces that remain after project completion, applicants are not required to evaluate BMPs in priority order or document infeasibility for these existing surfaces (as is required under ECDC 18.30.060.D.5.b [ii] and [iii] below). However, if it is determined that the minimum percentage requirement cannot be met due to BMP infeasibility, documentation of BMP infeasibility is required. In addition, when runoff from exiting -unmanaged hard surfaces is mixed with runoff from new plus Fepla eamanaged hard surfaces, those BMPs must be selected and designed i-n- -dan e witl the 0 epAs for- maaagem&4 ofnewplus -epl ee for all areas which contribute runoff to the BMPha� (per sections [ii] and [iii] below). See the SWMMWW and the Edmonds Stormwater Addendum for additional details on On -site Stormwater Management BMP infeasibility. This requirement is specific to minimum requirement #5 only. The surfaces treated by this requirement do no need to be added to project thresholds or mitigated under other minimum requirements. Impervious surfaces disturbed solely for installation of BMPs proposed to satisfy this requirement need not be consider as replaced hard surfaces for the project. ii. Category 1. Category 1 project sites that discharge directly or indirectly to the City's MS4 and are required to comply with Minimum Requirements No. 1 through No. 5 (per ECDC 18.30.060.C) shall either: a. Use On -site Stormwater Management BMPs from List No.l for all new plus replaced hard surfaces and land disturbed (See ECDC 18.30.060.D.5.d); or b. Demonstrate compliance with the LID Performance Standard (See ECDC 18.30.060.D.5.c). Projects selecting this option cannot use rain gardens. They may choose to use bioretention BMPs as described in the SWMMWW. iii. Category 2. Category 2 project sites that discharge directly or indirectly to the City's MS4 and are required to comply with Minimum Requirements No. 1 through No. 9 (per ECDC 18.30.060.C) shall either: Version: September 8, 201 5July 2021 Packet Pg. 175 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 17/27 a. Use On -site Stormwater Management BMPs from List No.2 for all new plus replaced hard surfaces and land disturbed (See ECDC 18.30.060.D.5.e); or b. Demonstrate compliance with the LID Performance Standard (See ECDC 18.30.060.D.5.c). Projects selecting this option cannot use rain gardens. They may choose to use bioretention BMPs as described in the SWMMWW. iv. Direct Discharge Requirement. Projects that discharge directly to Puget Sound through the City's MS4 (in accordance with the restrictions applicable to direct discharges to Puget Sound presented in Section2-.5-.73.4.7 of Volume I of the SWMMWW) do not have to achieve the LID Performance Standard, nor consider bioretention, rain gardens, permeable pavement, or full dispersion, but must implement BMP T5.13 (Post -Construction Soil Quality & Depth); BMPs T5.10A Downspout Full Infiltration Systems, TS.IOB Downspout Dispersion Systems, or T5.1 OB Perforated Stub -out Connections; and BMP T5.11 Concentrated Flow Dispersion or T5.12 Sheet Flow Dispersion; if feasible for all new plus replaced hard surfaces and land disturbed. See the SWMMWW and the Edmonds Stormwater Addendum for additional details on On -site Stormwater Management BMP infeasibili ymust meet the following: V. Projects that do not drain directly or indirectly to the City's MS4 are required to implement one of the following: a. Project sites may discharge to the downstream private property (e.g., projects located above BNSF property) with approval from the downstream property owner(s). b. Project sites may discharge runoff to an on -site system. For sites located within earth subsidence and landslide hazard areas or their buffers, a geotechnical design, analysis, and report by a geotechnical engineer is required for the on -site system. On -site Stormwater Management BMPs from List No.I in ECDC 18.30.060.D.5.d shall be evaluated for all new plus replaced hard surfaces and land disturbed. Projects are not required to evaluate BMPs in priority order or document infeasibility. The project applicant may be subject to an extra permit processing fee for City review of the geotechnical analysis. Projects are required to comply with all other applicable City requirements, such as ECDC 19.10 (earth subsidence and landslide hazard areas). ii. For sites located outside earth subsidence and landslide hazard areas or their buffers, ECDC 18.30.060.D.5.ii and ECDC 18.30.060.D.5.iii shall be followed to evaluate site appropriate BMP's. Version: September Q 201cJuly 2021 Packet Pg. 176 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 18/27 c_Subject to prior approval by the City, project sites may pump on -site runoff to the City's MS4. A quantitative downstream analysis in accordance with Minimum Requirement No. 4 and the Edmonds Stormwater Addendum will be required. If the City's MS4 does not have adequate capacity to receive the applicant's pumped flows, the applicant is required to install an on -site detention system to store runoff and pump it to the MS4 at an approved rate. vi. Projects under 2,000 SF of new plus replaced hard surfaces which discharge to an existing BMP with a surfaces overflow, shall expand the BMP size for the proposed new plus replaced hard surfaces based on existing design data. i}i. Alternatively, or where existing design data can not be found, the project shall discharge to a separate system appropriate sized per the designer. c. LID Performance Standard For projects that elect to meet the LID Performance Standard to comply with ECDC 18.30.060.D.b (ii) and (iii), Stormwater discharges shall match developed discharge durations to pre -developed durations for the range of pre -developed discharge rates from 8 percent of the 2-year peak flow to 50 percent of the 2-year peak flow from the project site. Refer to the Standard Flow Control Requirement section in Minimum Requirement No. 7 for information about the assignment of the pre -developed condition. Project sites that must also meet Minimum Requirement No. 7 shall match flow durations between 8 percent of the 2-year flow through the full 50-year flow. Projects meeting the LID performance criteria are still required to comply with the requirements for BMP T5.13: Post -Construction Soils Quality and Depth, to the maximum extent feasible. d. List No.I for Category 1 project sites: On -site Stormwater Management BMPs for Projects Triggering Minimum Requirements No. 1 through No. 5. For projects that elect to use List No. 1 to comply with ECDC 18.30.060.D.b (ii), for each surface, consider the BMPs in the order listed for that type of surface. Use the first BMP that is considered feasible. No other On -site Stormwater Management BMP is necessary for that surface. Feasibility shall be determined by evaluation against design criteria, limitations, and infeasibility criteria identified for each BMP in the SWMMWW and the Edmonds Stormwater Addendum; and Competing Needs Criteria listed in Chapter 5-3 of Volume V-I of the SWMMWW. Lawn and landscaped areas: Post -Construction Soil Quality and Depth in accordance with BMP T5.13 in Chapterf Volume V of the SWMMWW. Roofs: i. Full Dispersion in accordance with BMP T5.30 in 0t Volume V of the SWMMWW_ i-. ii. -Downspout Full Infiltration Systems in accordance with BMP T5.10A in Seetie ff 3.1.' w Volume ITV of the SWMMWW. ii,iii. Rain Gardens in accordance with BMP T5.14A in Chapter c of Volume V, or Bioretention in accordance with Chapter-7BMP T7.30 of Volume V of the SWMMWW. The rain garden or bioretention facility must have a minimum horizontal projected surface area below the overflow which is at least 5 percent of the area draining to it. Version: September Q 201cJuly 2021 Packet Pg. 177 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 19/27 iii-.iv. Downspout Dispersion Systems in accordance with BMP T5.1 OB in Seetion 3.' .2 of -Volume ITV of the SWMMWW. V. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum 6.3. iv-.vi. Perforated Stub -out Connections in accordance with BMP T5.1 OC in Section 3.1.3 of Volume ITV of the SWMMWW. Other Hard Surfaces: Full Dispersion in accordance with BMP T5.30 in r''�5-af-Volume V of the SWMMWW. ii. Full infiltration for equivalent surfaces areas per BMP T5.10A and/or Permeable Pavement in accordance with BMP T5.15 in Ch^orVolume V of the SWMMWW, or ii-iii. Rain Gardens in accordance with BMP T5.14 ^ in Chapter- 5 e fNle ff fie N' _or Bioretention in accordance with BMP T7.30Chapter- 7 of Volume V of the SWMMWW. The rain garden or bioretention facility must have a minimum horizontal projected surface area below the overflow which is at least 5 percent of the area draining to it. ii}iv. Sheet Flow Dispersion in accordance with BMP T5.12, or Concentrated Flow Dispersion in accordance with BMP T5.11 in 0i Volume V of the SWMMWW. iv-. v. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum 6.3. The -- City Minimum Requirement #4, or available City data, indioate that peak flow eonlrol is not e. List No.2 for Category 2 project sites: On -site Stormwater Management BMPs for Projects Triggering Minimum Requirements No. 1 through No. 9. For projects that elect to use List No. 2 to comply with ECDC 18.30.060.D.b (iii), for each surface, consider the BMPs in the order listed for that type of surface. Use the first BMP that is considered feasible. No other On -site Stormwater Management BMP is necessary for that surface. Feasibility shall be determined by evaluation against design criteria, limitations, and infeasibility criteria identified for each BMP in the SWMMWW; and Competing Needs Criteria listed in Chapter 5-3 of Volume V—I of the SWMMWW. Lawn and landscaped areas: Roofs: Post -Construction Soil Quality and Depth in accordance with BMP T5.13 in Chapter 5 of Volume V of the SWMMWW. Full Dispersion in accordance with BMP T5.30 in C4a of -Volume V of the SWMMWW_ i-. ii. Downspout Full Infiltration Systems in accordance with BMP T5.10A in Seeti ... 3. 1.1 of Volume ITV of the SWMMWW. Version: September Q 201cJuly 2021 Packet Pg. 178 7.1.b Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 20/27 iii. Bioretention in accordance with BMP T7.30 of Volume V of the SWMMWW. The rain garden or bioretention facility must have a minimum horizontal projected surface area below the overflow which is at least 5 percent of the area drainingto o it. ii. Bier-eten4ioa (See Chapter 7 of Volume N' ef the SIALMN4WW) f4eilities that have a miniffPam herizon4ally projected s�urfaee area below the overflow which is at least 5 pereent of the t surface area draining to it. i-ii,iv. Downspout Dispersion Systems in accordance with BMP T5.1 OB in eeeti .n 3.' .2 of Volume III of the SWMMWW. V. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum 6.3. iv,vi. Perforated Stub -out Connections in accordance with BMP TS.I OC in Seel on 3.1.3 of Volume III of the SWMMWW. Other Hard Surfaces: Full Dispersion in accordance with BMP T5.30 in C ^ Volume V of the SWMMWW. ii. Full infiltration for equivalent surfaces areas per BMP T5.I OA in Volume III of the SWMMWW and/or Permeable pavement in accordance with BMP T5.15 in Chapter 5 of Volume V of the SWMMWW. iii. Bioretention (See Qh^^orVolume V of the SWMMWW) facilities that have a minimum horizontally projected surface area below the overflow which is at least 5 percent of the total surface area draining to it. iv. Sheet Flow Dispersion in accordance with BMP T5.12, or Concentrated Flow Dispersion in accordance with BMP T5.11 in r'��, Rpte S-4-Volume V of the SWMMWW. V. Detention vaults or pipes in accordance with the Edmonds Stormwater Addendum 6.3. Note to meet Miaiffpafn Requirement No. 5. in addition, the City maywaive the r-equir-effieff install a detepAieavault if the deA%stream analysis in Minimum Requirement #4, or- a-vailable City data, indieate that peak gew eepArel is not benefieial. f. Overflows: All non-disnersion BMPs sized solely for Minimum Reauirement #5 are anticinated to have an overflow discharge on a semi -regular basis and therefore requires a sub -surface piped connection directly to the MS 4 system. i. In order to eliminate a piped overflow connection, the project shall be designed to infiltrate 100% of the modelled 100-year storm per continuous modeling. A safe and certain surface overflow path must still be provided and may not negatively impact adjacent properties. ii. In cases where the City MS4 is not in a location where a reasonable connection can be made for a project in capable of fully infiltrating per ECDC 18.30.060.D.5.fi above: • Extensions equal to or less than the length of the project frontage would be anticipated and generally not consider for an exception to 18.30.060.D.5.f.i. Q Version: September Q 20 cJuly 2021 Packet Pg. 179 7.1.b Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 21/27 • Extension exceeding the project frontage length will be considered on a case -by -case basis for exception to 18.30.060.D.5.f.i. 6. Minimum Requirement No. 6 — Runoff Treatment a. Project Thresholds: When assessing road -related projects against the following thresholds, only consider those hard and pervious surfaces that are subject to this minimum requirement per ECDC 18.30.060.C.2. For all other projects, the requirements apply to the new plus replaced hard surfaces and the converted vegetation areas. The following require construction of stormwater treatment facilities: Projects in which the total of pollution -generating hard surface (PGHS) is 5,000 square feet or more in a threshold discharge area of the project, or ii. Projects in which the total of pollution -generating pervious surfaces (PGPS) — not including permeable pavements — is 0.75 acres or more in a threshold discharge area, and from which there will be a surface discharge in a natural or man-made conveyance system from the site. b. Treatment -Type Thresholds and Facility Sizing: Treatment -Type Thresholds in accordance with Step 2 roil Control), Step n (Phosphorus Treatment), Step 5 (Enhanced Treatment), and Step 6 (Basie Treatmeno of Chapter , Section 2-41 2, Volume V—I1I of the SWMMWW. Phosphorus treatment shall be required for projects draining to Hall Creek and Lake Ballinger. ii. Treatment Facility Sizing, including Water Quality Design Storm Volume, Water Quality Design Flow Rate, and Downstream Facilities, e -in accordance with Chapter 23, Section ''�3.4.6, Volume I of the SWMMWW. c. Treatment Facility Selection, Design, and Maintenance Stormwater treatment facilities shall be: Selected in accordance with the process identified in Chapter 41 of Volume III, and Chapter 2 of Volume V of the SWMMWW, ii. Designed in accordance with the design criteria in Volume V of the SWMMWW, and iii. Maintained in accordance with the maintenance schedule in Volume V of the SWMMWW d. Additional Requirements The discharge of untreated stormwater from pollution -generating hard surfaces to ground water will not be authorized by the City except for infiltration or dispersion of runoff through BMPs designed and implemented per ECDC 18.30 and SWMMWW. All associate-' m ne ff'must be treatment in aeeordanee with Chapter 5, Volume V and Chapter 7, Volume 3.1 of the treated using On site Stermwater Management BNIPs designed to provide the required level of or by infiltration thfough soils meeting the soil suitability criteria in Chapter 3 of Volume H! of thee cMrnW. Minimum Requirement No. 7 — Flow Control a Applicability: Flow control is required on projects meeting the thresholds summarized below to reduce the impacts of stormwater runoff from hard surfaces and land cover conversions. Version: September Q 201cJuly 2021 Packet Pg. 180 Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 22/27 Flow control in accordance with Minimum Requirement No. 7 is not required for projects that discharge directly to, or indirectly through the City's MS4 to Puget Sound subject to the restrictions of the TDA Exemption (aka. direct discharge exemption)_per SWMMWW Section 3.4.7 of Volume I - (other minimum requirements may still apply). See ECDC 18.30.060.D.5.b.iv and Section 153_4.7 of Volume I of the SWMMWW for additional restrictions applicable to direct discharges to Puget Sound. If the discharge drains to a stream that leads to a wetland, or to a wetland that has an outflow to a stream, both this minimum requirement (Minimum Requirement No. 7) and Minimum Requirement No. 8 apply. a-.b_Thresholds: When assessing road -related projects against the following thresholds, only consider only those impervious, hard, and pervious surfaces that are subject to this minimum requirement per ECDC 18.30.060.C.2. For all other projects, the requirements apply to the new plus replaced hard surfaces and the converted vegetation areas. The following circumstances require achievement of the standard flow control requirement for western Washington: Projects in which the total of effective impervious surfaces is 10,000 square feet or more in a threshold discharge area, or , ii. Projects that convert 0.75 acres or more of vegetation to lawn or landscape, or convert 2.5 acres or more of native vegetation to pasture in a threshold discharge area, and from which there is a surface discharge in a natural or man-made conveyance system from the site, or iii. Projects that through a combination of hard surfaces and converted vegetation areas cause a 0.10 cubic feet per second (cfs) increase or greater in the 100-year flow frequency from a threshold discharge area as estimated using the Western Washington Hydrology Model or other approved model and one -hour time steps (or a 0.15 cfs increase or greater using 15- minute time steps). b:c_Standard Flow Control Requirement (applies to discharges directly or indirectly to the City's MS4, except for projects that meet the direct discharge requirements outlined in "a" above and/or projects discharging to Perrinville Creek): Stormwater discharges shall match developed discharge durations to pre -developed durations for the range of pre -developed discharge rates from 50 percent of the 2-year peak flow up to the full 50-year peak flow. The pre -developed condition to be matched shall be a forested land cover unless reasonable, historic information is available that indicates the site was prairie prior to settlement (modeled as "pasture" in the Western Washington Hydrology Model). This standard requirement is waived for sites that will reliably infiltrate all the runoff from hard surfaces and converted vegetation areas. d. Perrinville Basin Flow Control Standard (applies to all discharges within the Perrinville Creek basin) shall be an elevated level of flow control design. Discharges to the Perrinville Creek Basin shall maintain the durations of high flows at their predevelopment levels for all flows greater than one-half of the 2-year flow up to the 50-year flow AND holding the 100-year peak flow rate at its predevelopment level. The predevelopment peak flow rates for the 2-year and 10-year runoff events are also intended to be maintained. Ee_Additional Requirement: Flow Control BMPs shall be selected, designed, and maintained in accordance with Volume III of the SWMMWW or an approved equivalent. 8. Minimum Requirement No. 8 — Wetlands Protection a. Applicability: The requirements below apply only to projects whose stormwater discharges into a wetland, either directly or indirectly through a conveyance system. Version: September Q 201cJuly 2021 Packet Pg. 181 7.1.b Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 23/27 b. Thresholds: The thresholds identified in Minimum Requirement No. 6 — Runoff Treatment, and Minimum Requirement No. 7 — Flow Control shall also be applied to determine the applicability of this requirement to discharges to wetlands. c. Standard Requirement: Projects shall comply with Guide Sheets No. 1 through No. 3 in Appendix I-D of the SWMMWW. The hydrologic analysis shall use the existing land cover condition to determine the existing hydrologic conditions unless directed otherwise by a regulatory agency with jurisdiction. d. Additional Requirements: Stormwater treatment and flow control facilities shall not be built within a natural vegetated buffer, except for: Necessary conveyance systems as approved by the City; or ii. As allowed in wetlands approved for hydrologic modification or treatment in accordance with Guide Sheet 2 in Appendix I-D of the SWMMWW. An adopted and implemented basin plan prepared in accordance with the provisions of Section 7 of Appendix 1 of the Phase II NPDES Municipal Stormwater Permit. 9. Minimum Requirement No. 9 — Operation and Maintenance An operation and maintenance manual that is consistent with the provisions in Volume I and Volume V of the SWMMWW is required for proposed Stormwater Treatment and Flow Control BMPs/facilities. The party (or parties) responsible for maintenance and operation shall be identified in the operation and maintenance manual. For private facilities approved by the City, a copy of the operation and maintenance manual shall be retained on -site or within reasonable access to the site, and shall be transferred with the property to the new owner. For public facilities, a copy of the operation and maintenance manual shall be retained in the appropriate department. A log of maintenance activity that indicates what actions were taken shall be kept and be available for inspection. 18.30.070 Exceptions, Adjustments, and Appeals. A. Exceptions. 1. The Director may approve a request for an exception to the minimum requirements of this chapter following legal public notice of an application for an exception and of the Director's decision on the application. All legal public notice related to this request for an exception shall be in the manner prescribed in ECDC 20.03.002 and the applicant shall pay all costs to publish the legal public notices required by this provision. The Director shall provide and keep written findings of fact of the decision. 2. The approval of the exception shall only be granted when the applicant demonstrates that the requirement would cause a severe and unexpected economic hardship. To determine whether the requirement imposes a severe and unexpected economic hardship on the project applicant, the applicant must document for City review and approval, all of the following, at a minimum: a. The current, pre -project use of the site; and b. How application of the requirement(s) for which an exception is being requested restricts the proposed use of the site compared to the restrictions that existed prior to adoption of this chapter; and c. The possible remaining uses of the site if the exception were not granted; and d. The possible uses of the site that would have been allowed prior to the adoption of this chapter; and e. A comparison of the estimated amount and percentage of value loss as a result of the requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the requirements of this chapter; and Version: September 8, 201 5July 2021 Packet Pg. 182 7.1.b Edmonds Page 24/27 Chapter 18.30 STORM WATER MANAGEMENT f. The feasibility of the applicant to alter the project to apply the requirements of this chapter. 3. Any exception must meet the following criteria: a. The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and b. The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements. 4. An exception to the requirements shall only be granted to the extent necessary to provide relief from the economic hardship as determined by the Director, to alleviate the harm or threat of harm to the degree that compliance with the requirement becomes technically feasible, or to perform the emergency work that the Director determines is warranted. 5. The Director may require an applicant to provide additional information at the applicant's expense, including (but not limited to) an engineer's report or analysis. 6. When an exception is granted, the Director may impose new or additional requirements to offset or mitigate harm or the threat of harm that may be caused by granting the exception, or that would have been prevented if the exception had not been granted. B. Adjustments. 1. The Director may approve a request for adjustments to the requirements of this chapter when the Director finds that: a. The adjustment provides substantially equivalent environmental protection; and b. The objectives of safety, function, environmental protection, and facility maintenance are met, based on sound engineering practices. During construction, the Director may require, or the applicant may request, that the construction of drainage control facilities and associated project designs be adjusted if physical conditions are discovered on the site that are inconsistent with the assumptions on which the approval was based, including (but not limited to) unexpected soil or water conditions, weather -generated problems, or changes in the design of the improved areas; and A request by the applicant for an adjustment shall be submitted to the Director for review and approval prior to implementation. The request shall be in writing and shall provide facts substantiating the requirements of subsection (C)(1) of this section, and if made during construction, the factors in subsection (C)(2) of this section. Any such modifications made during the construction of drainage control facilities shall be included with the final approved drainage control plan. C. Appeal. 1. The Director's decision on an application for an exception or adjustment may appeal to the hearing examiner in accordance with a Type II appeal process in ECDC Chapter 20.06. 2. The applicant shall carry the burden of proof. 3. The decision of the hearing examiner is appealable to superior court in accordance with Chapter 36.70C RCW. [Ord. 3792 § 1, 2010]. 18.30.080 Access and Covenants. A. Access. Proper ingress and egress shall be provided to the City to inspect or perform any duty imposed upon the City by this Title. The City shall notify the responsible party in writing of a failure to provide access. If the Version: September Q 201cJuly 2021 Packet Pg. 183 7.1.b Edmonds Chapter 18.30 STORM WATER MANAGEMENT Page 25/27 responsible party fails to respond within seven days from the receipt of notification, the City may order the work required to be completed or otherwise address the cause of improper access. The obligation for the payment of all cost that may be incurred or expended by the City in causing such work to be done shall be imposed on the person holding title to the subject property. B. Covenants. Maintenance covenants shall be required for each site/lot that will be maintained by a private entity such as an individual, corporation, or homeowner's association. The maintenance covenant shall address or append requirements and responsibilities for long-term management and maintenance the applicable BMP(s). Maintenance covenants shall be as specified in City Engineering Division documents or approved by the Director, and recorded with Snohomish County and on all proper deeds [Ord. 3792 § 1, 2010]. 18.30.090 Post Construction Inspection and Maintenance Roles and Responsibilities. Proper construction inspection and maintenance of stormwater facilities is essential for the protection of the City's MS4 and the environment. A. Stormwater Maintenance and Inspection Standards. Stormwater facilities shall be inspected and maintained per the requirements of Volume I and Volume V of the SWMMWW. For systems which do not have a maintenance standard, the owner shall develop a standard based on guidelines from the manufacturer, designer, or a registered professional engineer and submit the standards to the Director for approval. The purpose of the maintenance standard is to determine if maintenance is required. The maintenance standard is not a measure of the facility's required condition at all times between inspections. Exceeding the maintenance standard between inspections is not a violation of this chapter. B. Ownership. Stormwater facilities are either privately or publicly owned and maintained. All stormwater facilities that serve private property are private, unless an agreement between the property owner and the City states otherwise. Stormwater facilities that are privately owned by a homeowner's association or similar organization also are private. The City may offer an incentive program to owners to support the proper maintenance of private storm drainage facilities. C. Public Stormwater Facilities. The City shall be responsible for operating, maintaining, repairing, and replacing public stormwater facilities as funded through the Stormwater Utility. D. Maintenance and Inspection of Permanent Facilities. All privately owned storm drainage facilities or controls shall be maintained by the owner, or the homeowner or owner association ("owner") if one is established as part of a residential or commercial development. All private storm drainage facilities shall be regularly inspected to ensure proper operation and shall monitor the facility or control as required or as set forth in the SWMMWW. The Owner shall maintain records of inspection and maintenance, disposal receipts, and monitoring results. The records shall catalog the action taken, the person who took it, the date said action was taken, how it was done, and any problems encountered or follow-up actions required. The records shall be made available to the City upon request. The Owner shall maintain a copy of the Stormwater Operations and Maintenance Manual (if required) on site, and shall make reference to such document in real property records filed with Snohomish County, so others who acquire real property served by the privately owned storm drainage facilities or controls are notified of their obligation to maintain such facilities or controls. E. City Inspection of private stormwater facilities. The City shall have the authority to periodically inspect private stormwater facilities, including low impact development stormwater facilities, for compliance with this chapter. F. Right of Entry. An authorized representative of the City may enter private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by the a state or Federal program provided that the City makes a good faith effort to notify the property owner or person responsible for the premises prior to entering and presents proper credentials to that person. If entry is refused or cannot be obtained, the Director shall have recourse to every remedy provided by law to secure entry, including but not limited to, obtaining an administrative warrant for entry. Version: September Q 201cJuly 2021 Packet Pg. 184 Edmonds Page 26/27 Chapter 18.30 STORM WATER MANAGEMENT G. Right of Entry for Illicit Discharge. In the event of an illicit discharge from a privately -owned stormwater facility caused by improper maintenance or operation or other circumstance, the provisions of ECC 7.200 shall apply. H. Maintenance Responsibilities. Upon written notice by the City, a private stormwater facility shall be promptly repaired and/or brought up to applicable standards by the property owner or the person responsible for said facility. If a private stormwater facility serves multiple lots and the responsibility for maintenance has not been specified on a recorded subdivision plat, short plat, or other legal document, maintenance, operation and repair responsibility shall rest with the homeowners' association, if one exists, or otherwise with the properties served by the facility, or finally, with the owners of the property on which the facilities are located. I. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from storm water maintenance activities, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. 18.30.100 Enforcement Procedures. A. General enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter. The choice of enforcement action is at the discretion of the City. B. Civil Penalties Adopted. ECDC Chapter 20.110 enforcement procedures are herein adopted in full, as modified in this chapter, with the proviso that repeat offenders or violations deemed an immediate public hazard shall be subject to compliance and appeal timelines as deemed appropriate by the Director based on the specific nature of the violation. C. Maintenance Orders. The Director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it into compliance with this chapter, the SWMMWW, the Edmonds Stormwater Addendum, and the Edmonds Community Development Code. The order shall include: 1. A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur; 2. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and 3. A reasonable time to comply, depending on the circumstances. D. Civil Penalty. A person who fails to comply with the requirements of this chapter, who fails to conform to an approval or order issued, who undertakes development without first obtaining approval, or who fails to comply with a stop work order issued under these regulations shall be subject to a civil penalty levied in accordance with the provisions of ECDC Chapter 20.110; provided, however, that the appeal process shall commence with a notice of violation as provided in ECDC 20.110.040.13. 1. Civil penalties for code violations shall be imposed in accordance with the provisions of ECDC Chapter 20.110; provided, however, that in addition to the penalties set forth in that chapter, the hearing examiner is authorized to levy a penalty of up to twenty thousand dollars ($20,000) per occurrence based upon an assessment of the following factors. Where such factors are present, the hearing examiner is authorized to levy such penalty after taking into consideration the full impact of the violation and any mitigating circumstances (see subsection (2) below): a. The violation created a risk to public health and the significance of the risk. b. The violation damaged the environment and the significance of the damage. c. The violation caused damage to public and private property and the significance of such damage. d. A history of similar violations, if any. Version: September Q 201cJuly 2021 Packet Pg. 185 7.1.b Edmonds Page 27/27 Chapter 18.30 STORM WATER MANAGEMENT e. The economic benefit of the violations, if any, to the person or entity responsible for the violations. 2. Mitigating circumstances which may be used to offset or reduce the time resulting from the application of the preceding factors are limited to: a. Full compliance with a voluntary compliance agreement and no history of similar violations. b. Full compliance with a voluntary compliance agreement and a history of one or two similar violations (lesser reduction). c. A "voluntary compliance agreement" is defined as a legally binding agreement entered into between the City and the alleged violators, by which the violator(s) acknowledge the existence of the violation, waive all appeal rights, and agree to and do pay a fine in an amount stipulated to between the violator and the City. If the violation(s) are not corrected as ordered, or a voluntary compliance agreement is not entered into within that time period and no appeal is filed, the penalty for the next 15-day period shall be 150 percent of the initial penalties, and the penalties for the next 15-day period shall be 200 percent of the initial penalties. The intent of this subsection is to increase penalties beyond the maximum penalties stated as an additional means to achieve timely compliance. Unless otherwise provided in a voluntary compliance agreement, civil penalties shall be paid within 30 days of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter. The City may suspend immediate payment of civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, if corrective action identified in the voluntary compliance agreement is not completed as specified, or if the property is allowed to return to a condition similar to that condition which gave rise to the voluntary compliance agreement; provided, however, that additional penalties shall not be imposed until additional notice and opportunity for hearing have been provided in accordance with ECDC Chapter 20.110. Civil penalties assessed create joint and several personal obligations in all persons responsible for a code violation. E. The determination of the hearing examiner issued in accordance with ECDC Chapter 20.110 shall be appealable to the Snohomish County superior court in accordance with the provisions of Chapter 36.70C RCW. F. The remedies provided for in this section shall not be exclusive. The City may also use other civil and administrative remedies available to it, including but not limited to the remedies provided in ECDC Title 19 and the state building and dangerous buildings codes. Version: September Q 201cJuly 2021 Packet Pg. 186 7.1.c ADDENDUM TO EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 18.30 (EDMONDS STORMWATER ADDENDUM) j oAp �g�O July 2021 Packet Pg. 187 7.1.c 0 CM Oo r U a V W d O U r c 0 E 0 tm cv c L d 3 E L O 4- 0 r_ O N L a c a� U I E 7 C d a L d 3 E L O Cl) N C O E W N N N I U r c a) E t v cv r r Q c O E t u 2 Q Packet Pg. 188 OCTOBER 2021 7.1.c EDMONDS STORMWATER ADDENDUM CONTENTS 1 Introduction...............................................................................................................................1 2 How to Use this Addendum......................................................................................................3 2.1 SWMMWW Volume I......................................................................................................3 2.2 SWMMWW Volume 11.....................................................................................................4 2.3 SWMMWW Volume III....................................................................................................4 2.4 SWMMWW Volume IV...................................................................................................4 2.5 SWMMWW Volume V.....................................................................................................5 2.6 Addendum Content Not Covered in the SWMMWW......................................................5 3 Applicability of the Minimum Requirements...........................................................................7 3.1 Thresholds and Applicability............................................................................................9 3.1.1 Additional Requirements for Road -Related Projects.........................................9 3.1.2 New Connections to the City's MS4..................................................................9 3.1.3 Comparisons to the SWMMWW.....................................................................10 4 Project Basin Location and Applicable Requirements...........................................................11 4.1 Determining Downstream Receiving System(s).............................................................11 4.2 Other Considerations....................................................................................................... I I 5 Project Minimum Requirements.............................................................................................13 5.1 Minimum Requirement No. 1 — Preparation of Stormwater Site Plans ..........................13 5.2 Minimum Requirement No. 2 — Construction Stormwater Pollution Prevention Plan 13 5.3 Minimum Requirement No. 3 — Source Control of Pollution.........................................13 5.4 Minimum Requirement No. 4 — Preservation of Natural Drainage Systems and Outfalls............................................................................................................................14 5.5 Minimum Requirement No. 5 — On -Site Stormwater Management................................15 5.6 Minimum Requirement No. 6 — Runoff Treatment.........................................................17 5.6.1 Edmonds -Specific Oil and Floatables Control.................................................18 5.7 Minimum Requirement No. 7 — Flow Control................................................................18 5.8 Minimum Requirement No. 8 — Wetland Protection.......................................................18 5.9 Minimum Requirement No. 9 — Operation and Maintenance.........................................19 6 Additional Requirements........................................................................................................21 6.1 Protection of LID Facilities During Construction...........................................................21 6.1.1 General Erosion and Sediment Control BMPs Applicable to LID...................21 6.1.2 Additional Construction Techniques for LID BMPs........................................22 edmondsstormwateraddendum 2022 redlines.docx TABLE OF CONTENTS 1 Packet Pg. 189 EDMONDS STORMWATER ADDENDUM 7.1.c OCTOBER 2021 6.1.3 BMP-Specific Construction Techniques..........................................................25 6.2 Off -Site Analyses and Documentation............................................................................28 6.2.1 Category 1 Projects...........................................................................................28 6.2.2 Category 2 Projects...........................................................................................28 6.3 Design Requirements for Detention Vaults and Pipes....................................................30 6.3.1 Sizing & Design................................................................................................31 6.4 Underground Injection Controls......................................................................................31 7 Submittal Requirements..........................................................................................................33 7.1 Category 1 Stormwater Site Plans...................................................................................33 7.2 Category 2 Stormwater Site Plans...................................................................................33 APPENDICES Appendix A — On -Site Stormwater Management BMP Infeasibility Criteria Appendix B — Methods for Determining Design Infiltration Rates Appendix C — Checklists for Various Project Submittal, Review, and Field Procedure Elements Appendix D — Design Checklists for the Main On -Site Stormwater Management BMPs LIST OF FIGURES Figure 3.1. Flow Chart for Determining Requirements for Development.................................8 Figure 7.1. Typical Category 1 Stormwater Site Plan Components........................................33 Figure 7.2. Typical Category 2 Stormwater Site Plan Components........................................34 H TABLE OF CONTENTS zr edmondsstormwoteraddendum 2022 redlines.docx Packet Pg. 190 7.1.c 1 INTRODUCTION This Edmonds Stormwater Addendum (Addendum) provides direction for implementing the City of Edmonds Community Development Code (ECDC) Chapter 18.30, Stormwater Management. The City of Edmonds is required to regulate stormwater discharges to the municipal stormwater system and to waters of the state, in compliance with the Western Washington Phase II National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit (the Permit). Under the Permit, the City must establish and apply the minimum requirements specified in the Permit and provide design guidance for stormwater quality and quantity control for development projects in Edmonds. Through ECDC Chapter 18.30 and this Addendum, the City is complying with federal requirements under the Clean Water Act and the Permit. This Addendum is organized into 7 chapters, briefly summarized below: • Chapter 2 — How to Use this Addendum includes information on how to use the Addendum in conjunction with the ECDC and Ecology's 2019 Stormwater Management Manual for Western Washington (SWMMWW), and to clarify for users where the ECDC, SWMMWW, or Addendum apply. • Chapter 3 — Applicability of the Minimum Requirements includes details on the thresholds that determine the applicability of the minimum requirements to different projects. This information is based on SWMMWW Volume I, Section 3.3, but has been updated to reflect the specific requirements of ECDC 18.30. Chapter 3 also includes a brief summary of how ECDC 18.30.060 compares to the SWMMWW (regarding applicability of the minimum requirements). • Chapter 4 —Project Basin Locations and Applicable Requirements describes downstream receiving waterbodies and/or drainage systems in the city, which will affect how the minimum requirements apply to a given project (primarily Minimum Requirements No. 5, No. 6, and No. 7). Chapter 4 also includes a brief discussion of the unique soil and topographical conditions in the City of Edmonds. • Chapter 5 —Project Minimum Requirements highlights the primary differences between the minimum requirements presented in the SWMMWW and those in the ECDC and provides additional details and guidance to help projects comply with each minimum requirement. • Chapter 6 — Additional Requirements includes additional information on City -specific requirements that are not fully described in the SWMMWW or ECDC. Specific topics include: 1. Additional requirements pertaining to Construction Stormwater Pollution Prevention Plans (SWPPPs) Element No. 13 — Protect Low Impact Development (LID) Best Management Practices (BMPs) 2. Details on the off -site analyses and documentation required to comply with Minimum Requirement No. 4, Preservation of Natural Drainage Systems and Outfalls 1. INTRODUCTION 1 Packet Pg. 191 7.1.c 3. Design requirements for detention vaults and pipes when used to meet Minimum Requirement No. 5 4. Information on Underground Injection Controls (UICs) • Chapter 7 — Submittal Requirements summarizes the process and requirements for preparing project submittals that meet the requirements of the SWMMWW, the ECDC, and this Addendum The appendices included in this Addendum provide additional background information and requirements related to stormwater management in the city. (Also note that there are several additional pertinent appendices within the SWMMWW that are adopted by reference.) The following City -specific appendices are included in this Addendum: • Appendix A — On -Site Stormwater Management BMP Infeasibility Criteria • Appendix B — Methods for Determining BMP Design Infiltration Rates • Appendix C — Checklists for Various Project Submittal, Review, and Field Procedure Elements o Checklist 1 — Category 1 Stormwater Site Plans o Checklist 2 — Category 2 Stormwater Site Plans o Checklist 3 — Construction SWPPP Drawings and Report o Checklist 4 — Methods for Determining Infiltration Rates o Checklist 5 — Field and Design Procedures for Bioretention, Permeable Pavement, Rain Gardens, and Downspout Infiltration Systems o Checklist 6 — Procedures for Infiltration Trenches and Basins • Appendix D — Design Checklists for the Main On -Site Stormwater Management BMPs o Checklist 7 — Post -Construction Soil Quality and Depth o Checklist 8 — Sheet Flow Dispersion o Checklist 9 — Concentrated Flow Dispersion o Checklist 10 — Bioretention Cells, Swales, and Planter Boxes o Checklist 11 — Permeable Paving o Checklist 12 — Rain Gardens o Checklist 13 — Downspout Infiltration o Checklist 14 — Downspout Dispersion o Checklist 15 — Perforated Stub -out Connections 2 1. INTRODUCTION Packet Pg. 192 7.1.c 2 HOW TO USE THIS ADDENDUM Review ECDC Chapter 18.30.030 and 18.30.040 to determine if the City's Stormwater Code and this Addendum apply to your project. Review the definitions section of ECDC Chapter 18.30.10 (and if necessary the Glossary in SWMMWW Volume I, Appendix G for clarification on terminology used in ECDC Chapter 18.30 and this Addendum. As per ECDC Chapter 18.30.60, the stormwater management requirements in the City of Edmonds — including but not limited to thresholds, definitions, minimum requirements, adjustment and variance criteria, and exceptions to these requirements — shall be governed by the 2019 SWMMWW, with additional requirements and modifications as outlined in the provisions of ECDC Chapter 18.30 and this Addendum. Project proponents must review ECDC 18.30 (18.30.060 in particular) and this Addendum to identify how the City's requirements and the requirements of the SWMMWW apply to a given project. In the event of inconsistencies between the various provisions, the more stringent provisions shall apply, unless otherwise approved by the City. Where requirements in this Addendum are also covered in any other law, ordinance, resolution, rule, or regulation of any kind (i.e., outside of ECDC Chapter 18.30), the more restrictive requirement shall govern, unless otherwise approved by the City. This Addendum includes information to supplement or elaborate on the guidelines and requirements outlined in ECDC Chapter 18.30 and the SWMMWW. To highlight for Addendum users where the ECDC, SWMMWW, or Addendum apply, the following sections outline the general applicability of each document, summarized according to the organization of the SWMMWW. Note however that the SWMMWW is not always written in a manner that is suitable as a municipal regulatory tool, therefore there are known overlaps among the ECDC, SWMMWW, and Addendum. As such, this section is only intended to be a guide, not a definitive resource on SWMMWW applicability. When questions or potential inconsistencies arise, project proponents should contact the City for clarification and interpretation. 2.1 SWMMWW VOLUME I • Chapter 1 — Introduction: Adopted in its entirety. • Chapter 2 — Relationship of This Manual to Permits, Requirements, and Programs: Adopted in its entirety. • Chapter 3 — Minimum Requirements for New Development and Redevelopment: Users should refer first to ECDC Chapter 18.30.60 and this Addendum. Note that some portions of ECDC 18.30.60 refer back to the SWMMWW as well as specific sections of this Addendum. o In addition, for all minimum requirements that require flow modeling, unless otherwise specified, all continuous modeling shall be performed using the "Puget East 36" precipitation time series, consisting of a 158-year precipitation and evaporation time series that are representative of the climatic conditions in the City of Edmonds. This time series is available in WWHM (select "Use WS-DOT data") and MGSFlood (Extended Timeseries menu). 2. HOW TO USE THIS ADDENDUM 3 Packet Pg. 193 7.1.c o In addition, ECDC 18.30 includes an additional "retro-fit" specific to Minimum Requirement #5; see ECDC 18.30.060.D.5.b.i. • Chapter 4 — UIC Program: Adopted in its entirety. All UICs within Edmonds shall comply with the applicable requirements of this section. • Appendices —Use Appendix G for the SWMMWW only and refer to ECDC Chapter 18.30.10 for ECDC definitions. 2.2 SWMMWW VOLUME II • SWMMWW Volume II is adopted in its entirety. o In addition, this Addendum includes supplemental information to support compliance with SWMMWW Minimum Requirement No. 2, Element No. 13 — Protect Low Impact Development BMPs. See Chapter 6. 2.3 SWMMWW VOLUME III • Chapter 1 — Choosing your BMPs: Chapter adopted in its entirety. o The infeasibility criteria typically are included within the specific BMP descriptions in the SWMMWW, but are summarized in Appendix A for clarity and ease of use. Appendix A also includes additional BMP infeasibility criteria that are specific to the City of Edmonds, and not necessarily included in the 2014 SWMMWW. o In addition, ECDC 18.30 adds detention to the list of BMPs to be considered under minimum requirement #5; see ECDC 18.30.060.D.5. • Chapter 2 — Modelling Your BMPs: Chapter adopted in its entirety. o In addition, Checklist 8 thru 15 of this Addendum include checklists for designing BMPs. • Chapter 3 — Preparation of Stormwater Site Plans: Refer first to Chapter 7 of this Addendum, and associated Appendix C, Checklists 1 through 3. The requirements of SWMMWW Volume III, Chapter 3 apply to projects in Edmonds, but Chapter 7 of this Addendum has been created to facilitate compliance with both the SWMMWW requirements for preparation of Stormwater Site Plans, as well as additional City -specific submittal requirements. 2.4 SWMMWW VOLUME IV • SWMMWW Volume IV is adopted in its entirety. 4 2. HOW TO USE THIS ADDENDUM Packet Pg. 194 7.1.c 2.5 SWMMWW VOLUME V • SWMMWW Volume V is adopted in its entirety. o In addition, this Addendum includes supplemental information to support determination of On -Site Stormwater Management BMP infeasibility. Specifically, Appendix A of this Addendum summarizes infeasibility criteria that apply to each BMP (to be used in complying with Minimum Requirement No. 5). The infeasibility criteria typically are included within the specific BMP descriptions in the SWMMWW, but are summarized in Appendix A for clarity and ease of use. Appendix A also includes additional BMP infeasibility criteria that are specific to the City of Edmonds, and not necessarily included in the 2019 SWMMWW. Where there are differences between the SWMMWW and Appendix A, the requirements in Appendix A shall apply unless otherwise approved by the City. o In addition, this Addendum includes design requirements for detention tanks and vaults to meet the Edmonds -specific application of a detention as a BMP for Minimum Requirement #5 in Section 6.3. o In addition, ECDC 18.30 includes a "retrofit" provision under Minimum Requirement #5 which requires mitigating a portion of existing unmitigated hard surfaces to remain on a project site; see ECDC 18.30.060.D.5.b.i 2.6 ADDENDUM CONTENT NOT COVERED IN THE SWMMWW T Note that in addition to the items included in Sections 2.1 through 2.5 above, this Addendum includes extensive information that is unique to the City and not tied to a specific SWMMWW volume or issue. Therefore, in addition to the notes above, users must review all of this Addendum and ECDC 18.30 for applicable requirements. This includes the Appendices and checklists included in this Addendum (particularly the BMP design checklists), which contain City -specific design, procedural, and submittal requirements that may not be reflected in the SWMMWW or ECDC. • In addition, as noted in Section 2.1 above, unless otherwise specified, all continuous modeling shall be performed using the "Puget East 36" precipitation time series, consisting of a 158-year precipitation and evaporation time series that are representative of the climatic conditions in the City of Edmonds. This time series is available in WWHM (select "Use WS-DOT data") and MGSFlood (Extended Timeseries menu). • The use of corrugated metal pipe within Edmonds is prohibit on both private and public properties storm drain conveyance and /or BMPs (i.e. detention tanks). 2. HOW TO USE THIS ADDENDUM 5 Packet Pg. 195 7.1.c 0 CM Oo r U a V W d O U r c 0 E 0 tm cv c L d 3 E L O 4- 0 r_ O N L a c a� U I E 7 C d Q L d 3 E L O Cl) N C O E W N N N I U r c a) E t v cv r r Q c O E t u 2 Q Packet Pg. 196 7.1.c 3 APPLICABILITY OF THE MINIMUM REQUIREMENTS This chapter is based on SWMMWW Volume I, Section 2.4, however the content below has been updated to reflect the specific requirements of ECDC 18.30. Project proponents must review ECDC 18.30 in detail. The following provides additional information and direction on the thresholds and applicability of minimum requirements outlined in ECDC 18.30.060. Project proponents must be aware that not all of the minimum requirements apply to every development project. The applicability varies depending on the project type and size. This chapter summarizes thresholds that determine the applicability of the minimum requirements to different projects. Review ECDC 18.30.060 and use the flow chart in Figure 3.1 to determine which of the minimum requirements apply to your project. (The minimum requirements themselves are provided in 18.30.060.D and are summarized in Chapter 5 of this Addendum). The thresholds described below and in Figure 3.1 are to be determined at the time of application for a subdivision, plat, short plat, building permit, or other construction permit. For projects involving only land disturbing activities, (e.g., clearing or grading), the thresholds apply at the time of application for the permit allowing or authorizing that activity. 3. APPLICABILITY OF THE MINIMUM REQUIREMENTS 7 Packet Pg. 197 7.1.c Does the project result in 2,000 square feet, or greater, of new plus replaced hard surface area? OR Does the land disturbing activity total 7,000 square feet or greater? Yes No Minimum Requirements No. 1 through 5 apply I Minimum Requirement No. 2 applies Next Question IF Does the project add 5,000 square feet or more of new plus replaced hard surfaces? OR Convert 0.75 acres or more of vegetation to lawn or landscaped areas? OR Convert 2.5 acres or more of native vegetation to pasture? No Yes No Is this a road related project? All Minimum Requirements apply to the new and replaced Yes hard surfaces and converted vegetation areas. All Minimum Requirements apply to the new hard surfaces and converted vegetation areas. Yes Does the project add 5,000 square feet or No more of new hard surfaces? Yes Do new hard surfaces add 50% or more to the existing hard surfaces within the project limits? No Figure 3.1. Flow Chart for Determining Requirements for Development. No additional requirements. 8 3. APPLICABILITY OF THE MINIMUM REQUIREMENTS Packet Pg. 198 7.1.c 3.1 THRESHOLDS AND APPLICABILITY All development shall be required to comply with Minimum Requirement No. 2. The following Category 1 project sites shall comply with Minimum Requirements No. 1 through No. 5: • Results in 2,000 square feet, or greater, of new plus replaced hard surface area, or • Have land disturbing activity of 7,000 square feet or greater. The following Category 2 project sites shall comply with Minimum Requirements No. 1 through No. 9: • Results in 5,000 square feet or more of new plus replaced hard surfaces, or • Converts 0.75 acres, or more, of vegetation to lawn or landscaped areas, or • Converts 2.5 acres, or more, of native vegetation to pasture. 3.1.1 Additional Requirements for Road -Related Projects For road -related projects, runoff from the new hard surfaces (including pavement, shoulders, curbs, and sidewalks) and the converted vegetation areas shall meet all the minimum requirements if the new hard surfaces total 5,000 square feet or more. In addition, if the new hard surfaces total 5,000 square feet or more and total 50 percent or more of the existing hard surfaces within the project limits, runoff from the new and replaced hard surfaces and the converted vegetation areas shall meet all the minimum requirements. The project limits shall be defined by the length of the project and the width of the right-of- way. 3.1.2 New Connections to the City's MS4 When a property owner proposes a new connection to the City's Municipal Separate Storm Sewer System (MS4), and the situation either 1) does not exceed the Category 1 or Category 2 thresholds above, or 2) does not involve activity that meets the definition of development, the following applies: • Sites that are not currently connected to the City's MS4 but wish to connect directly or indirectly to the City's MS4 may be allowed on a case -by -case basis, subject to City approval. • For sites that propose to drain greater than or equal to 2,000 square feet of hard surface area to the City's MS4, the project shall comply with the requirements of this chapter, treating all hard surfaces to be drained to the City system as new hard surfaces, unless applicant can demonstrate that the site will discharge in the same manner and quantities prior to the proposed project. Applicant shall account for natural dispersion and/or infiltration which may be occurring if these new hard surfaces area currently drain through pervious areas in their analysis. 3. APPLICABILITY OF THE MINIMUM REQUIREMENTS 9 Packet Pg. 199 7.1.c 3.1.3 Comparisons to the SWMMWW Project proponents must review ECDC 18.30 in detail, but the following notes are provided to help clarify how ECDC 18.30.060 compares to the SWMMWW regarding applicability of the minimum requirements (see Chapter 5 for additional details on the individual minimum requirements and how they differ from the SWMMWW): 1. ECDC 18.30 refers to "Category 1" projects and "Category 2" projects. See ECDC 18.30.060 for complete details, but in general: O Category 1 project sites result in 2,000 square feet, or greater, of new plus replaced hard surface area and shall comply with Minimum Requirements No. 1 through No. 5. O Category 2 project sites result in 5,000 square feet, or greater, of new plus replaced hard surface area and shall comply with Minimum Requirements No. 1 through No. 9. 2. ECDC 18.30 does not differentiate between new development and redevelopment. 3. Information regarding which surfaces each minimum requirement applies to (e.g., new hard surfaces, replaced hard surfaces, or both) is typically discussed under each minimum requirement as opposed to within the initial applicability section. 4. In addition to item No. 3 above, ECDC 18.30.060.D.5.b includes a retrofit requirement for projects that discharge directly or indirectly to the City's MS4 and that contain existing hard surfaces that do not drain to an approved stormwater management facility. These projects are required to provide On -site Stormwater Management BMPs to manage a portion (a minimum of 25 percent) of those existing hard surfaces that will remain after project completion. See ECDC 18.30.060.D.5.b for complete details on this requirement. 5. ECDC 18.30.060.D.5 also adds detention as a BMP to be considered for feasibility under Minimum Requirement #5 in additional to those in SWMMWW, see Section 6.3. 6. As per the SWMMWW, for road -related projects, if the new hard surfaces total 5,000 square feet or more and total 50 percent or more of the existing hard surfaces within the project limits, runoff from the new and replaced hard surfaces shall meet all the minimum requirements. Otherwise, the minimum requirements only apply to the new hard surfaces (if the new hard surfaces total 5,000 square feet or more). Unlike the SWMMWW, non -road -related projects do not have to assess the valuation of the proposed improvements in order to determine the applicability of the minimum requirements. In general, once triggered by the applicable project area thresholds (see below and ECDC 18.30.060), the minimum requirements apply to both new and replaced hard surfaces. 7. ECDC 18.30 and this Addendum also includes requirements for new connections to the City's MS4, when the proposed connection does not involve activity that meets the definition of development. See the previous section of this Addendum for additional information on new connections. 8. ECDC 18.30 and this Addendum modify the flow modelling basin to be used in modelling, see Section 2.6. 9. ECDC 18.30 and this Addendum requires use of the phosphorus treatment menu within the Hall's Creek and Lake Ballinger basins; see Section 5.6. 10. Section 5.3, below, prohibits the use of corrugated metal piping (CMP) within Edmonds. 10 3. APPLICABILITY OF THE MINIMUM REQUIREMENTS Packet Pg. 200 7.1.c 4 PROJECT BASIN LOCATION AND APPLICABLE REQUIREMENTS 4.1 DETERMINING DOWNSTREAM RECEIVING SYSTEM(S) Broadly speaking, stormwater runoff in the City of Edmonds either travels west to Puget Sound (via a creek or piped system) or to the east to Lake Ballinger or Hall Creek, which discharges to Lake Ballinger. In addition to assessing the new and replaced hard surfaces and converted vegetation areas associated with a project, the minimum requirements (primarily Minimum Requirements No. 5, No. 6, and No. 7) can also vary depending on the project's downstream receiving waterbody and/or drainage system. The specific details of each minimum requirement are outlined in Chapter 5, but in general, projects should determine what type of system(s) their project site drains to early in the development process: The two primary systems to be aware of are described below. Note that these systems are not mutually exclusive: 1. Direct Discharge areas: Those site areas that discharge runoff directly to Puget Sound via a constructed conveyance system (e.g., pipe or ditch) without first entering a creek or other receiving water. (See Section 3.4.7 of Volume I of the SWMMWW for the full list of restrictions that must be met to qualify as a direct discharge.) 2. City of Edmonds Municipal Separate Storm Sewer System (MS4): Those site areas that discharge to the City's MS4 before ultimately discharging to a downstream receiving water (e.g., a creek, lake, or Puget Sound). See the City's NPDES Municipal Stormwater Permit for the complete MS4 definition, but this generally includes sites that discharge to a dedicated stormwater conveyance system (including roads with drainage systems, ditches, manmade channels, or storm drains) owned or operated by the City and that discharge to waters of Washington State (including creeks, lakes, ponds, wetlands, and Puget Sound). A map of watersheds in Edmonds is available via the Edmonds GIS Map that can be accessed on the City's website here: (<www.maps.edmondswa.gov>). Direct Discharge Basins are those labeled "Puget Sound" or "Puget Sound Piped." Edmonds Way is known to have an overflow under certain conditions which creates a discharge to Edmonds Marsh (not considered man-made drainage course for the purposes of this exemption), and therefore the Edmonds Way basin shall not be considered a direct discharge basin. An applicant with site -specific information that is contrary to the basin designations shown in Figure B-1 can present this information to the Public Works Director (Director) or designee for a possible change in basin designation. The Director or designee will make a determination on any requests for a site -specific change in basin designation. 4.2 OTHER CONSIDERATIONS Edmonds is fortunate to be located adjacent to Puget Sound and possess topography that facilitates desirable views. The underlying soils and relatively steep slopes, however, complicate the application of stormwater management techniques. 4. PROJECT BASIN TYPE AND APPLICABLE REQUIREMENTS 11 Packet Pg. 201 7.1.c Prior to logging and subsequent development of the Edmonds area, trees and the forest duff layer above the soil surface (consisting primarily of needles, leaves, branches, bark, and stems in various stages of decomposition) covered the city. With logging came the elimination of the majority of the tree canopy and the duff layer, and with it the elimination of the water -holding capacity of the natural land cover. hi the majority of the city, the soils that remain (after forest removal and subsequent development) consist of till or hard pan, which is much less effective at storing or absorbing rainwater. Although this Addendum and the SWMMWW place substantial emphasis on the use of infiltration and on -site stormwater management techniques, the soil regime in the City of Edmonds can make this goal challenging. It is therefore important that project sites thoroughly investigate and understand their soil conditions (as well as other site conditions such as slope, groundwater levels, etc.) before proceeding too far with the site stormwater design. See the submittal checklists in Appendix C (Checklists 1 through 3), BMP infeasibility criteria in Appendix A, and SWMMWW for additional details and requirements. In addition to challenging soil conditions, approximately 25 percent of the land area in the City of Edmonds has a slope of 15 percent or greater or is in an Earth Subsidence and Landslide Hazard Area (the Meadowdale area in the northernmost portion of the city). Geologic hazards in these areas can be increased when stormwater runoff from impervious surfaces percolates into the soil. As emphasized in the submittal checklists in Appendix C (Checklists 1 through 3), BMP infeasibility criteria in Appendix A, and SWMMWW Chapter 3; consideration of slopes in the project vicinity is a critical component of the site stormwater design. 12 4. PROJECT BASIN TYPE AND APPLICABLE REQUIREMENTS Packet Pg. 202 7.1.c 5 PROJECT MINIMUM REQUIREMENTS This chapter should be used as a supplement to ECDC 18.30.060.D and SWMMWW Volume I, Chapter 3 as it emphasizes the key differences between the minimum requirements outlined in the SWMMWW and those outlined in ECDC 18.30.060.D. Project proponents must still review ECDC 18.30.060.D in detail, but the following text provides additional information and direction on the minimum requirements outlined in ECDC 18.30.060.D. As noted previously in Chapter 4, once a given minimum requirement is triggered (per the thresholds in Chapter 3), the specifics of the minimum requirement may vary depending on the project downstream receiving waterbody and/or drainage system. 5.1 MINIMUM REQUIREMENT NO. 1 - PREPARATION OF STORMWATER SITE PLANS Stormwater Site Plans are required for all projects subject to Minimum Requirement No. 1, as outlined in Chapter 3 and ECDC 18.30.060.C. Stormwater Site Plans shall be prepared in accordance with Chapter 3 of Volume III of the SWMMWW. However, because Chapter 3 of the SWMMWW includes extensive technical requirements, but does not explicitly specify how those requirements shall be consistently documented, submitted, and/or reviewed for a typical development project, the City of Edmonds has developed project checklists to facilitate compliance with this minimum requirement (and thus project submittal and review). Those checklists are introduced in Chapter 7 and provided in Appendix C, Checklists 1 through 3. 5.2 MINIMUM REQUIREMENT NO. 2 - CONSTRUCTION STORMWATER POLLUTION PREVENTION PLAN See ECDC 18.30.060.D.2. In addition, note that ECDC 18.30.060.D.2.d.i points to the SWMMWW Chapter 3, Section 3.4.2 for details on the requirements for Construction Stormwater Pollution Prevention Plans (SWPPPs), including the 13 Elements that must be reflected in the Construction SWPPP. See Chapter 6 for additional requirements pertaining to Construction SWPPP Element No. 13 — Protect Low Impact Development BMPs, which are not provided in the SWMMWW. 5.3 MINIMUM REQUIREMENT NO. 3 - SOURCE CONTROL OF POLLUTION See ECDC 18.30.060.D.3 and SWMMWW Volume IV. Note that all single-family residential projects shall, at a minimum, incorporate required BMPs from SWMMWW Volume IV, S411 — BMPs for Landscaping and Lawn/Vegetation Management. 5. PROJECT MINIMUM REQUIREMENTS 13 Packet Pg. 203 7.1.c Corrugated metal pipe (CMP) has been found to be a routine failure problem in Edmonds and a potential source of additional sediment in the City system. For this reason, CMP pipe is not permitted within Edmonds on either public or private property or both conveyance storm pipe and for detention tanks. 5.4 MINIMUM REQUIREMENT NO. 4 - PRESERVATION OF NATURAL DRAINAGE SYSTEMS AND OUTFALLS See ECDC 18.30.060.D.4 and the content presented below. Although this minimum requirement is based on Minimum Requirement No. 4 in SWMMWW Volume I, Section 3.4.4, there are enough differences between the City's requirements and those in the SWMMWW that project proponents should not refer to the SWMMWW for Minimum Requirement No. 4. Only ECDC 18.30.060.D.3 and the following shall be required. To demonstrate compliance with this minimum requirement, all projects shall submit as part of their Stormwater Site Plan an off -site analysis that assesses the potential off -site impacts of stormwater discharges. (See the end of this section, and Chapter 6, for details on the requirements for analysis and documentation.) Natural drainage patterns shall be maintained, and discharges from the project site shall occur at the natural location, to the maximum extent practicable. The manner by which runoff is discharged from the project site must not cause a significant adverse impact to downstream receiving waters or down gradient properties. The discharge must have an identified overflow route that is safe and certain, and leads to the ultimate outfall location (such as a receiving water or municipal drainage system). All outfalls require energy dissipation. (Designs for outfall systems to protect against adverse impacts from concentrated runoff are included in SWMMWW Volume V, Chapter 1.) In addition, existing upstream flows must be accommodated without causing erosion or flooding impacts. Upstream drainage means drainage from adjacent property that enters the proposed project site (other than a defined natural channel). Upstream flows shall not be routed through the project's conveyance, treatment, or retention/detention systems, unless those systems are sized to control those flows. Upstream flows that are collected and routed through or around the site in a separate conveyance shall be dispersed at the downgradient property line, if feasible, or discharged at a project outfall (or outfalls) in a manner that does not violate the criteria below or cause the capacity of a conveyance system to be exceeded. Where no conveyance system exists at the adjacent downgradient property line and the discharge was previously unconcentrated flow or significantly lower concentrated flow, measures must be taken to prevent downgradient impacts. Drainage easements from downstream property owners may be needed and should be obtained prior to approval of engineering plans. For Category 2 projects only — where no conveyance system exists at the adjacent downstream property line and the natural (existing) discharge is unconcentrated, any runoff concentrated by the proposed project, including upstream drainage, must be discharged as follows: 1. If the 100-year peak discharge is less than or equal to 0.2 cfs (0.3 cfs using 15-minute time steps) under existing conditions and will remain less than or equal to 0.2 cfs under developed conditions, then the concentrated runoff may be discharged onto a rock pad or to any other system that serves to disperse flows. 2. If the 100-year peak discharge is between 0.2 and 0.5 cfs (or 0.75 cfs using 15-minute time steps) under existing conditions and will remain in that range under developed conditions, then the 14 5. PROJECT MINIMUM REQUIREMENTS Packet Pg. 204 7.1.c concentrated runoff may be discharged through a dispersal trench or other dispersal system, provided the applicant can demonstrate that there will be no significant adverse impact to downhill properties or drainage systems. 3. If the 100-year peak discharge is greater than 0.5 cfs for either existing or developed conditions, or if a significant adverse impact to downgradient properties or drainage systems is likely, then a conveyance system shall be provided to convey the concentrated runoff across the downstream properties to an acceptable discharge point (i.e., an enclosed drainage system or open drainage feature where concentrated runoff can be discharged without significant adverse impact). To demonstrate compliance with this minimum requirement, all projects shall submit as part of their Stormwater Site Plan an off -site analysis that assesses the potential off -site impacts of stormwater discharges. Off -site analyses shall assess upstream and downstream conditions, including the conveyance capacity and erosion potential in the downstream system. If a problem is found, mitigation is required to prevent worsening of that problem or to mitigate an existing flooding or erosion problem. The off -site analysis shall include, at a minimum, a qualitative analysis of each upstream drainage system entering a site, and each downstream drainage system leaving a site. A quantitative analysis may be required for any project deemed to need additional downstream information or where the project proponent or the City determines that a quantitative analysis is necessary to evaluate the off -site impacts or the capacity of the conveyance system (e.g., where there is evidence of a risk to downstream systems such as erosion, flooding, property damage, habitat damage, water quality degradation, or other related impacts). See Chapter 6 for additional details on off -site analyses and documentation. 5.5 MINIMUM REQUIREMENT NO. 5 - ON -SITE STORMWATER MANAGEMENT The City has made several additions and changes to the contents of Minimum Requirement No. 5 relative to the SWMMWW. Project proponents must review ECDC 18.30.060.D.5 in detail to ensure all City - specific requirements are addressed. This section of the Addendum provides a summary of the City - specific elements of Minimum Requirement No. 5. In addition, this Addendum includes several tools to support implementation of Minimum Requirement No. 5 and related requirements. These tools include: A summary of infeasibility criteria for all On -Site Stormwater Management BMPs (see Appendix A). These infeasibility criteria must be considered when evaluating the feasibility of On -Site Stormwater Management BMPs as part of List No. 1 or List No. 2. The infeasibility criteria are included within the specific BMP descriptions in the SWMMWW, but are summarized in Appendix A for clarity. Appendix A also includes additional BMP infeasibility criteria that are specific to the City of Edmonds, and not necessarily included in the 2019 SWMMWW. 2. A summary of acceptable methods for determining BMP design infiltration rates (see Appendix B; and Appendix C, Checklist 4). Initial site infiltration rates may be determined either using field testing procedures, or the Soil Grain Size Analysis Method. These methods are described in detail in Appendix B. 5. PROJECT MINIMUM REQUIREMENTS 15 Packet Pg. 205 7.1.c A summary of site investigation and field and design procedures required for several of the On - Site Stormwater Management BMPs as well as for infiltration basins and trenches (see Appendix C, Checklists 5 and 6). The field and design procedures required to design and implement On -Site Stormwater Management BMPs can be considerable, and include issues such as determining infiltration rates, determining depth to groundwater or other impermeable layers, soils reporting requirements, etc. 4. Submittal checklists for Category 1 and Category 2 projects, including notes on project site, soil, and BMP design information that must be documented and submitted to the City to meet the City of Edmonds and SWMMWW requirements related to Minimum Requirement No. 5 (and other minimum requirements. See Appendix C, Checklists 1 through 3. 5. Design checklists for most of the On -Site Stormwater Management BMPs in List No. 1 and List No. 2 (see Appendix D). The applicability of Minimum Requirement No. 5 depends on the project type, project location, and the existing and proposed surfaces at the project site. See ECDC 18.30.060.D.5 for details, but in summary: Projects that drain directly or indirectly to the City's MS4 and that contain existing hard surfaces that do not drain to an approved stormwater management facility are required to provide On -Site Stormwater Management BMPs to manage a minimum of 25 percent of those existing hard surfaces that will remain after the project. The intent is to bring a portion of any existing, unmanaged surfaces up to current standards. If the 25 percent minimum is met, projects are not required to evaluate BMPs in priority order or document infeasibility for these existing surfaces (as per the subsequent project scenarios). 2. Similar to the SWMMWW, Category 1 project sites (project sites subject to Minimum Requirements No. 1 through No. 5) that discharge directly or indirectly to the City's MS4 shall either use On -Site Stormwater Management BMPs from List No. 1 (see ECDC 18.30.060.D.5.d) for all new plus replaced hard surfaces and land disturbed, or demonstrate compliance with the LID Performance Standard (See ECDC 18.30.060.D.5.c). Note that in the City of Edmonds, List No. 1 includes detention vaults or pipes as the final BMP option for roofs and other hard surfaces. See Chapter 6 for associated design requirements for detention vaults and pipes, including simplified sizing methods for meeting Minimum Requirement No. 5. (Note also that if the project is required to construct a flow control facility to comply with Minimum Requirement No. 7 (per ECDC 18.30.060.D.7), a detention vault or pipe is not required to be installed to meet Minimum Requirement No. 5.) Categor,2project sites (project sites subject to Minimum Requirements No. 1 through No. 9) are subject to similar requirements as Category 1 projects, but must use List No. 2 instead of List No. 1 (see ECDC 18.30.060.D.5.e). 4. Projects that discharge directly to Puget Sound through the City's MS4 (in accordance with the restrictions applicable to direct discharges to Puget Sound presented in Section 2.5.7 of Volume I of the SWMMWW) do not have to achieve the LID Performance Standard, and only have to evaluate a subset of the BMPs in List No. 1 or List No. 2. 5. Projects that do not drain directly or indirectly to the City's MS4 are required to either: o Discharge to the downstream private property (with approval) 16 5. PROJECT MINIMUM REQUIREMENTS Packet Pg. 206 7.1.c o Discharge runoff to an on -site system from List No. 1 (see in ECDC 18.30.060.D.5.d). ■ Sites located within earth subsidence and landslide hazard areas or their buffers are not required to evaluate BMPs in priority order or document infeasibility. However, a geotechnical design, analysis, and report by a geotechnical engineer is required. ■ For sites located outside earth subsidence and landslide hazard areas or their buffers, projects must meet applicable Category 1 or Category 2 project requirements for Minimum Requirement No. 5 (see ECDC 18.30.060.D.5.ii and ECDC 18.30.060.D.5.iii). o Project sites may pump on -site runoff to the City's MS4, with prior approval; in such cases, projects shall meet all provisions of ECDC 18.30 as they would drain to the MS4 in post project conditions. 6. Finally, the following guidance shall be used to help clarify the requirements in the SWMMWW specific to List No. 1 and No. 2. Where the SWMMWW and ECDC 18.30.060.D.5.d/e states that "for each surface, consider the BMPs in the order listed for that type of surface. Use the first BMP that is considered feasible. No other On -Site Stormwater Management BMP is necessary for that surface" the following clarifications are provided: o The goal of List No. 1 and List No. 2 is to manage 100 percent of each surface. If a project cannot manage 100 percent of a given surface with the first feasible BMP, a second BMP may be required to manage the remaining unmanaged area (depending on the size of the unmanaged area and the site -specific constraints). For example, where a roof surface drains to multiple downspouts around the perimeter of the structure, it is generally insufficient to only manage runoff that drains to a single downspout and to leave the remaining downspouts unmanaged (i.e., due to infeasibility considerations). 7. For BMPs without specific sizing criteria in this Addendum, single family residential projects under 2,000 SF of new plus replaced hard surfaces only, may use the simplified sizing per the included checklist for each BMP or per Volume V of SWMMWW to satisfy Minimum Requirement #5. However, such sizing methodology shall be assumed to generate an overflow and a piped or subsurface overflow connection is required for such BMPs unless otherwise waived by the City. 5.6 MINIMUM REQUIREMENT NO. 6 - RUNOFF TREATMENT See ECDC 18.30.060.D.6 for thresholds and core requirements. See the SWMMWW for additional information on complying with this minimum requirement. In particular, the following sections should be reviewed: • Volume I, Section 3.4.6 for details on treatment facility sizing • Volume I, Chapter 4 and Volume V, Chapters 2 and 3 for general BMP selection. Note also that phosphorus treatment is required for projects that drain to Hall Creek or Lake Ballinger. • Volume V for design and maintenance requirements. 5. PROJECT MINIMUM REQUIREMENTS 17 Packet Pg. 207 7.1.c 5.6.1 Edmonds -Specific Oil and Floatables Control In addition to the oil control requirements in the SWMMWW, all projects in the City of Edmonds not zoned as single-family residential that collect runoff from five or more parking spaces shall install floatable controls in catch basins (if another approved floatable control system is not employed). 5.7 MINIMUM REQUIREMENT NO. 7 — FLOW CONTROL See ECDC 18.30.060.D.7 for thresholds and core requirements. See the SWMMWW for additional information on complying with this minimum requirement (in particular, Volume I, Section 3.4.7). Note that flow control in accordance with Minimum Requirement No. 7 is not required for projects that discharge directly to, or indirectly through the City's MS4 to Puget Sound (other minimum requirements still apply, including Minimum Requirement No. 6, as well as Minimum Requirement No. 5 and the Edmonds Way direct discharge requirements). See ECDC 18.30.060.D.5.b.iv and Section 3.4.7 of Volume I of the SWMMWW for additional restrictions applicable to direct discharges to Puget Sound. In addition, the following information may be useful in determining the applicability of Minimum Requirement No. 7, specifically per the 100-year flow frequency threshold outlined in ECDC 18.30.060.D.7.b.iii: Calculations to determine whether a project exceeds the 0.10 cubic feet per second (cfs), using a 1-hour time step (or 0.15 cfs using a 15-minute time step) increase in the 100-year recurrence interval flow must be performed individually for each project using an approved continuous simulation runoff model. The calculation will compare runoff in the post development site to the pre -development land cover. Pre - development, for this activity only, is the lower runoff of the pre project condition, or the site on July 6, 1977 (the effective date of the City's first drainage control ordinance). The unique site, soil, precipitation, and other project -specific factors will ultimately determine whether this threshold is exceeded. Nonetheless, the following general guidelines (based on hypothetical site designs) may be used to help identify the likelihood of this threshold being exceeded. The following land use changes are likely to exceed this threshold under certain conditions: • Converting approximately 5,000 square feet of forest to hard surface • Converting approximately 5,000 square feet of pasture to hard surface • Converting approximately 0.25 acres of forest to landscape surface • Converting approximately 1.25 acres of forest to pasture surfaces (in till soil conditions) 5.8 MINIMUM REQUIREMENT NO. H — WETLAND PROTECTION See ECDC 18.30.060.D.8 and SWMMWW Volume I, Section 3.4.8. See also SWMMWW Volume I, Appendix I-C. 18 5. PROJECT MINIMUM REQUIREMENTS Packet Pg. 208 7.1.c 5.9 MINIMUM REQUIREMENT NO. 9 - OPERATION AND MAINTENANCE See ECDC 18.30.060.D.9. See also the submittal checklists provided in Appendix C, Checklists 1 through 3 (also referenced previously as part of Minimum Requirements No. 1 and No. 5) for notes about submittal requirements related to the required operation and maintenance manual. L11 5. PROJECT MINIMUM REQUIREMENTS 19 Packet Pg. 209 7.1.c 0 CM Oo r U a V W d O U r c 0 E 0 tm cv c L d 3 E L O 4- 0 r_ O N L a c a� U I E 7 C d Q L d 3 E L O Cl) N C O E W N N N I U r c a) E t v cv r r Q c O E t u 2 Q Packet Pg. 210 7.1.c 6 ADDITIONAL REQUIREMENTS This chapter includes additional requirements that are either not included in the SWMMWW, or that are supplemental to the information provided in the SWMMWW. Specifically, this chapter addresses: 1. Additional requirements pertaining to Construction SWPPP Element No. 13 — Protect Low Impact Development BMPs (required in the SWMMWW. 2. Details on the off -site analyses and documentation required to comply with Minimum Requirement No. 4, Preservation of Natural Drainage Systems and Outfalls (City of Edmonds specific). 3. Design requirements for detention vaults and pipes when used to meet Minimum Requirement No. 5. 4. Information on Underground Injection Controls (UICs). 6.1 PROTECTION OF LID FACILITIES DURING CONSTRUCTION To ensure that LID stormwater facilities and BMPs will be fully functional after construction, it is important to protect these BMPs during construction activities. Protecting native soil and vegetation, minimizing soil compaction, and retaining the hydrologic function of LID BMPs during the site preparation and construction phases are some of the most important practices during the development process. The purpose of this section is to provide designers, builders, and inspectors with guidance and tools for meeting Minimum Requirement No. 2, Element No. 13 — Protect Low Impact Development BMPs. This section does not provide guidance on construction or design of LID BMPs (see SWMMWW Volume III and Volume V), or cover all Construction SWPPP practices (see SWMMWW Volume II), but rather focuses on how to most efficiently reduce impacts on LID BMPs specifically during construction. The practices specified in this section must be applied to protect LID BMPs, unless the given practice does not apply to the project site conditions or activities. 6.1.1 General Erosion and Sediment Control BMPs Applicable to LID Overall Construction Stormwater Pollution Prevention Plan (SWPPP) requirements are specified in Chapter 5, Minimum Requirement No. 2 and SWMMWW Volume II. In general, Construction SWPPP BMPs limit the impact of site disturbance, erosion, and sediment deposition during construction. Some Construction SWPPP BMPs focus on providing a physical barrier or deterrent to help minimize construction -related site disturbance and/or erosion, while other Construction SWPPP BMPs help protect 6. ADDITIONAL REQUIREMENTS 21 Packet Pg. 211 7.1.c the site from concentrated (i.e., erosive) flows. General Construction SWPPP BMPs and their application for protection of LID BMPs in particular are summarized below. These BMPs must be considered for projects subject to Minimum Requirement No. 2 that are proposing to construct LID BMPs. Construction SWPPP BMP Application BMP C103: High Visibility Fence Use fencing to limit clearing; prevent disturbance of sensitive areas, their buffers, and other areas; limit construction traffic; and protect areas where marking with flagging may not provide adequate protection BMP C200: Interceptor Dike and Swale Use an interceptor dike and/or swale to intercept the runoff from unprotected areas and direct it to areas where erosion can be controlled BMP C201: Grass -Lined Channels Use grass lined channels where concentrated runoff may cause erosion and flooding of the site BMP C207: Check Dams Use check dams in swales or ditches to reduce the velocity and dissipate concentrated flow BMP C208: Triangular Silt Dike (TSD) Use triangular silt dikes as check dams, for perimeter protection, (Geotextile-Encased Check Dam) temporary soil stockpile protection, drop inlet protection, or as a temporary interceptor dike BMP C231: Brush Barrier Use brush barriers to decrease flow velocities and reduce transport of coarse sediment from overland flow BMP C233: Silt Fence Use silt fences to decrease flow velocities and reduce transport of sediment from overland flow BMP C234: Vegetated Strip Use vegetated strips to decrease flow velocities and reduce transport of sediment from overland flow 6.1.2 Additional Construction Techniques for LID BMPs In addition to the general Construction SWPPP BMPs presented in Section 6.1.1, this section outlines specific construction -phase techniques to protect LID BMPs. LID BMP protection is still a somewhat new and evolving practice, therefore the specific LID BMP protection measures outlined below are not explicitly called out in the SWMMWW. Rather, the techniques presented in this section supplement the Construction SWPPP BMPs presented above, and those presented in the SWMMWW Volume II. (Note these techniques can be applied to any site, not just those incorporating LID, but these techniques are particularly important for LID BMP protection.) Construction Site Planning and Sequencing Construction site planning and sequencing is a procedural BMP that is critical to successful installation and long-term operation of LID BMPs. Proper site planning and construction sequencing will minimize the impact of construction on permanent stormwater facilities by reducing the potential for soil erosion and compaction. Site planning and sequencing techniques to be used as practicable for protection of LID BMPs include: 22 6. ADDITIONAL REQUIREMENTS Packet Pg. 212 7.1.c Construction Site Planning and Sequencing Requirements Construction Site Planning and Sequencing Techniques Limit clearing and grading activities • Keep grading to a minimum by incorporating natural topographic depressions into the development. • Shape final lot grades and topographic features early (i.e., at the site development stage) where feasible. • Limit the amount of cut and fill in areas with permeable soils. • Limit clearing to road, utility, building pad, lawn areas, and the minimum amount of extra land necessary to maneuver machinery (e.g., a 10-foot perimeter around a building). Limit construction activity in areas • Clearly document —and plan to meet and walk through the designated for LID site with equipment operators prior to construction —to clarify construction boundaries, limits of disturbance, and construction activities in the vicinity of LID BMPs. • General/primary contractor must inform other sub -contractors of applicable LID BMP protection requirements. This is particularly important when working around permeable pavement. Limit clearing and grading during heavy • Time construction activities to start during the summer (lowest rainfall seasons precipitation) and end in the fall (when conditions are favorable for the establishment of vegetation), if feasible. Minimize the amount and time that graded • Complete construction and erosion control activities in one areas are left exposed section of the site before beginning activity in another section. Utilize permeable and nutrient rich soils • Preserve any portion of the site with permeable soils to promote infiltration of stormwater runoff. • Leave areas of rich topsoil in place, or if excavated, utilize elsewhere on the site to amend areas with sparse or nutrient deficient topsoil. Reduce impact of construction access roads • Reduce the number and size (width/length) of construction access roads. • Locate construction access roads in areas where future roads and utility corridors will be placed (unless utilizing permeable pavement). Promote sheet flow and minimize • Avoid grading that results in steep, continuous slopes, concentrated runoff especially in areas contributing runoff to LID BMPs. LID BMP activation • LID BMPs shall not begin operation until all erosion -causing project improvements (including use of access roads that may contribute sediment) are completed and all exposed ground surfaces are stabilized by revegetation or landscaping in upland areas potentially contributing runoff to the BMP. 0 CM 00 r U U w m 0 U c m E m a� R c `m 3 E `0 4- 0 c 0 c a� N N L IL c a� U I E 0 c m Q `m 3 E L 0 N 0 E w a� N a� I U r c m E t v cv r r Q c E t U 2 Q 6. ADDITIONAL REQUIREMENTS 23 Packet Pg. 213 7.1.c Activities During Construction Many common construction -phase activities pose a risk to LID BMPs. The following techniques will help minimize these impacts. Techniques to be used for protection of LID BMPs include: Erosion Control Requirements Erosion Control Techniques Protect native topsoil during the • Where practicable, protect areas of rich topsoil. If excavation is construction phase, and reuse on site necessary, stockpile native soils that can be used on the site after construction. • Stockpile materials in areas designated for clearing and grading (such as parking areas and future impervious roadways) and away from infiltration and other stormwater facilities. • Cover small stockpiles with weed barrier material that sheds moisture yet allows air transmission. Large stockpiles may need to be seeded and/or mulched. • Do not relocate topsoil or other material to areas where they can cover critical root zones, suffocate vegetation, or erode into adjacent streams. Use effective revegetation methods • Use native plant species adapted to the local environment. • Plant during late fall, winter, or early spring months when vegetation is likely to establish quickly and survive. • Utilize proper seedbed preparation. Fertilize and mulch to protect germinating plants. Apply 1 inch of compost topped with 2 inches of mulch. • Protect areas designated for revegetation from soil compaction by restricting heavy equipment. • Provide proper soil amendments where necessary (refer to SWMMWW, Volume V, Chapter 5, BMP T5.13 Post - Construction Soil Quality and Depth). Amend soil toward the end of construction. Once established, protect from compaction and erosion. • During storage, plants should be protected by solar screens when possible to prevent overexposure and excessive drying. Perform preconstruction, routine, and • Conduct a preconstruction inspection to verify that adequate postconstruction inspections barriers have been placed around vegetation retention areas, infiltration facilities (as needed), and structural controls are implemented properly. • Conduct routine inspections to verify that structural controls are being maintained and effectively protecting LID BMPs throughout construction. • Conduct a final inspection to verify that revegetation areas are stabilized and that permanent LID BMPs are in place and functioning ro erl . 24 6. ADDITIONAL REQUIREMENTS Packet Pg. 214 7.1.c 6.1.3 BMP-Specific Construction Techniques This section outlines construction -phase BMP protection techniques specific to categories of LID BMPs (e.g., infiltration and dispersion) as well as specific LID BMPs (permeable pavement, bioretention areas/rain gardens, and vegetated roofs). The BMP protection techniques presented previously in Section 6.1.2 are applicable to the overall construction site to help protect LID BMPs. The techniques outlined in this section are based on the specific BMP functions, targeting typical construction activities that pose a risk to individual BMPs. Infiltration and Dispersion Facility Construction Techniques It is critical that appropriate methods are used to protect infiltration and dispersion BMPs from compaction and sediment loading during construction. For infiltration facilities in particular, the subgrade soils must be protected from clogging and over -compaction to maintain the soil permeability and ensure BMP performance. Techniques for protection of infiltration and dispersion BMPs during various stages of construction are summarized below. Construction Stage Techniques for Protecting Infiltration and Dispersion Facilities Prior to construction • The infiltration/dispersion area shall be clearly identified (e.g., using flagging or high visibility fencing) and protected prior to construction to prevent compaction of underlying soils by vehicle traffic. • Develop a soil and vegetation management plan showing areas to be protected and restoration methods for disturbed areas before land clearing sta rts. • The Construction SWPPP sheets must outline construction sequencing that will protect the infiltration/dispersion area during construction. • Construction SWPPP BMPs and protection techniques identified in the previous sections shall be implemented as applicable. In particular, be sure to stabilize upslope construction areas (e.g., using silt fences, berms, mulch, or other Construction SWPPP BMPs) and minimize overland flow distances. Excavation • Excavation of infiltration/dispersion areas shall be performed by machinery operating adjacent to the BMP. No heavy equipment with narrow tracks, narrow tires, or large lugged high pressure tires shall be allowed on the infiltration/dispersion area footprint. • Where feasible, excavate infiltration/dispersion areas to final grade only after all disturbed areas in the upgradient project drainage area have been permanently stabilized. (If infiltration areas must be excavated before permanent site stabilization, initial excavation must be conducted to no less than 6 inches of the final elevation of the facility floor.) • Excavation of infiltration areas shall not be allowed during wet or saturated conditions. • The use of draglines and trackhoes should be considered for constructing infiltration and dispersion areas. • The bottom (and sidewalls if feasible) of an infiltration facility excavation must be raked or scarified to a minimum depth of 3 inches after final excavation to restore infiltration rates. • Scarify soil along the dispersion flow path if disturbed during construction. 6. ADDITIONAL REQUIREMENTS 25 Packet Pg. 215 7.1.c Construction Stage Techniques for Protecting Infiltration and Dispersion Facilities Sediment control . Bioretention, rain garden, and permeable pavement BMPs shall not be used as sediment control facilities, and all drainage shall be directed away from the BMP location after initial rough grading. Direct construction site flow away from the infiltration/dispersion area using applicable Construction SWPPP BMPs (e.g., temporary diversion swales). Permeable Pavement There are many potential applications and site scenarios where permeable pavement can be applied. The following techniques highlight the most broadly applicable techniques to be used to protect permeable pavement BMPs during construction. Refer to the previous section for construction protection methods that are applicable to all infiltration BMPs, as well as Sections 6.1.1 and 6.1.2 for general site protection measures. In addition to those techniques, the following techniques apply specifically for protection of permeable pavement during construction: • Use procedural BMPs to plan construction. For example, phase construction to minimize compaction, sedimentation, or structural damage to the permeable pavement. • Use physical Construction SWPPP BMPs and/or grade the site to avoid sediment laden runoff from reaching permeable pavements. • Place protective surfaces (e.g., waterproof tarps and steel plates) over any permeable pavement areas used for construction staging. %% • Do not drive sediment -laden construction equipment on the base material or pavement. Do not allow sediment -laden runoff on permeable pavements or base materials. • Once the pavement is finished and set, cover the pavement surface with plastic and geotextile to protect from other construction activities. Close and protect the pavement area until the site is permanently stabilized. • Incorporate measures to protect road subgrade from over compaction and sedimentation if permeable pavement roads are used for construction access. o Cover the aggregate base or pavement surface with protective geotextile fabric and protect fabric with steel plates or gravel. Gravel should only be used to protect the fabric placed over aggregate base. o Once construction is complete and the site is permanently stabilized, remove protective geotextile, clean, and complete pavement installation. Refer to the detailed permeable pavement BMP information in SWMMWW Volume V, Chapter 5, as well as City of Edmonds Standard Details for general permeable pavement construction criteria. 26 6. ADDITIONAL REQUIREMENTS Packet Pg. 216 7.1.c Bioretention Areas and Rain Gardens As with permeable pavements, there are many potential applications and site scenarios where bioretention and rain garden BMPs can be applied. The following techniques highlight the most broadly applicable techniques to be used to protect bioretention and rain garden BMPs during construction. Refer to the beginning of this section for construction protection methods that are applicable to all infiltration BMPs, as well as Sections 6.1.1 and 6.1.2 for general site protection measures. In addition to those techniques, the following techniques apply specifically for protection of bioretention and rain garden BMPs during construction: • Excavation: o If machinery must operate in the bioretention area for excavation, use lightweight, low ground -contact pressure equipment and rip the base at completion to scarify soil to a minimum of 12 inches. • Protect bioretention soil mix from compaction during construction o Do not place bioretention soil mix if saturated or during wet periods. o Check for compaction prior to planting. If compaction occurs, aerate the bioretention soil and then proceed to plant. Refer to the detailed bioretention and rain garden BMP information in SWMMWW Volume V, Chapter 7, as well as City of Edmonds Standard Details for general bioretention and rain garden construction criteria. YV Vegetated Roofs The following additional techniques apply for protection of vegetated roof facilities during construction: • Because of their location and complexity, vegetated roofs typically require more planning and coordination effort relative to ground -level landscaping. For new construction, a critical path approach is highly recommended to establish the sequence of tasks for construction of the vegetated roof system. • During construction, it is vitally important that the waterproof membrane be protected once installed. The waterproofing should be tested prior to placement of the growth media and other subsequent vegetated roof materials. Refer to the detailed vegetated roof BMP information in SWMMWW Volume V, for general construction criteria. 6. ADDITIONAL REQUIREMENTS 27 Packet Pg. 217 7.1.c 6.2 OFF -SITE ANALYSES AND DOCUMENTATION All projects subject to Minimum Requirement No. 4 shall submit as part of their Stormwater Site Plan an off -site analysis that assesses the potential off -site impacts of stormwater discharges. The following sections detail the analysis and documentation requirements for Category 1 and Category 2 projects. 6.2.1 Category 1 Projects Category 1 projects shall submit a qualitative analysis of potential off -site impacts of stormwater discharges for each upstream drainage system entering a site, and each downstream drainage system leaving a site. The upstream analysis shall identify and describe points where water enters the site. Any upstream contributing areas shall be identified and mapped in the project Stormwater Site Plan submittal. The downstream analysis shall extend from the project site to the receiving water, or up to one -quarter mile, whichever is less. In many cases, runoff that leaves a project site will enter the City's MS4 within one -quarter mile. In these instances, the project must evaluate and document downstream conditions up to and including runoff entry into the City's MS4. In addition, the project proponent shall consult with the City to determine whether the MS4 has any existing or anticipated capacity issues downstream of the proposed project. The qualitative analysis shall identify where and how stormwater runoff will leave the proposed development site, and describe conditions downstream of the site including any existing or anticipated future problem areas (e.g., spot flooding, property damage, erosion issues, capacity -limited drainage systems, etc.). The qualitative analysis must be sufficient for the City to evaluate whether the project has adequately identified potential impacts and whether proposed mitigation measures are supported by the analysis. Some "rough" quantitative analyses, which can be based on non -surveyed field data, may be necessary as part of the qualitative analysis to adequately describe or document the extent of observed problem areas. Note that any off -site field visits should be conducted during winter months and after significant precipitation events to identify seasonal issues such as flooding, capacity constraints, or surface seeps or other indicators of near surface groundwater. A quantitative analysis may also be required for any project where the project proponent or the City determines that a more thorough analysis is necessary to evaluate the off -site impacts or the capacity of the conveyance system (e.g., where there is evidence of a risk to downstream systems such as erosion, flooding, property damage, habitat damage, water quality degradation, or other related impacts). A quantitative analysis may include calculations and/or modeling analyses of on -site and off -site water quality, erosion, slope stability, and other drainage -related impacts that may be caused or aggravated by a proposed project. 6.2.2 Category 2 Projects All Category 2 projects shall submit a qualitative analysis of potential off -site impacts of stormwater discharges that extend downstream from the site to the receiving water. (If the ultimate discharge point is to Puget Sound via a culvert owned by BNSF Railway, the analysis must be followed through the drainage system all the way to Puget Sound.) A quantitative analysis may also be required for any project deemed to need additional downstream information or where the project engineer or the City determines that a quantitative analysis is necessary to evaluate the off -site impacts or the capacity of the conveyance system (e.g., where there are known capacity issues or where there is evidence of a risk to downstream 28 6. ADDITIONAL REQUIREMENTS Packet Pg. 218 7.1.c systems such as erosion, flooding, property damage, habitat damage, water quality degradation, or other related impacts). The qualitative analysis must be sufficient for the City to evaluate whether the project has adequately identified potential impacts and whether proposed mitigation measures are supported by the analysis. Some "rough" quantitative analysis, which can be based on non -surveyed field data, may be required at this stage. A downstream analysis of the project for a minimum of one -quarter of a mile is required. The analysis must also extend upstream to a point beyond any backwater effects caused by the project. The analysis must include field -inspection of all existing stormwater drainage systems downstream from the project and a determination of whether the capacity of the drainage system(s) is adequate to handle the existing flows, flows generated by the proposed project, and any overflow. Adequacy will be evaluated based on conveyance capacity, flooding problems, erosion damage or potential, amount of freeboard in channel and pipes, and storage potential within the system. Note that site visits should be conducted during winter months and after significant precipitation events to identify undocumented surface seeps or other indicators of near surface groundwater. See the end of this section for specific topics to be discussed in the qualitative analysis. When deemed necessary by the project engineer or required by the City, a quantitative analysis shall include the qualitative analysis describe above, as well as quantitative calculations and/or modeling analyses of on -site and off -site water quality, erosion, slope stability, and other drainage -related impacts that may be caused or aggravated by a proposed project. Measures for preventing impacts and for not aggravating existing impacts shall also be identified. ("Aggravating existing impacts" means increasing the frequency of occurrence and/or severity of an impact.) The analysis shall document how temporary and permanent flow control and water quality control measures identified in the Stormwater Site Plan will mitigate the potential to create new problems or aggravate existing conditions. In many cases, design of flow control and water quality systems according to the procedures contained in this Addendum and the SWMMWW will be adequate demonstration of mitigation. However, upon review of this analysis and the severity of an existing problem, the City may require more detailed analysis and/or additional mitigation measures. In general, all existing and proposed off -site surface water conveyance systems shall be sized to convey flows without surcharging the City's storm system (or BNSF culverts under the railroad tracks, if applicable). Both the qualitative analysis and the quantitative analyses (when required) shall include descriptions and/or analyses of the following items. The descriptions shall identify existing or potential problem areas, and whether adequate mitigation can be identified (or whether more detailed quantitative analysis is necessary). References to other Stormwater Site Plan sections (e.g., facility sizing, conveyance, attachments and appendices, etc.) are encouraged to reduce plan redundancy, as long as all of the required Stormwater Site Plan issues are clearly presented: • Describe the drainage system between the site and the receiving surface waters. Provide information on pipe sizes, channel characteristics, and drainage structures. Describe emergency services located along the flow path (e.g., fire/police stations, hospitals). Describe environmentally sensitive areas, such as wetlands, etc. • Describe the upstream drainage tributary to the project. Describe any bypass drainage from the project which will not be controlled. • The bulk of the analysis shall focus on highlights of important considerations from the project overview and off -site analysis sections related to the drainage system and potential problems or concerns. Existing and potential impacts to be evaluated and mitigated shall include, but not be limited to: 6. ADDITIONAL REQUIREMENTS 29 Packet Pg. 219 7.1.c O Conveyance system capacity issues. o Flooding or bank overtopping. o Upland erosion impacts, including slope stability and landslide hazards. O Stream channel erosion (at the outfall location and to the downstream limit of analysis). O Violations of surface water quality standards as identified in a Basin Plan or a TMDL/Water Cleanup Plan (e.g., for Lake Ballinger). O For each existing or potential problem, document: the magnitude of damage caused by the problem, the general frequency and duration, current mitigation of the problem (if any), the likely or possible cause of the problem, and whether the project is likely to aggravate the problem or create a new one. • Determine whether the project is within any other critical areas or their buffers as defined in ECDC, and whether any additional requirements apply. • All areas pertinent to the analyses such as site boundaries, study area boundaries, streets and prominent features, downstream flow path, potential/existing problems, etc. shall be keyed to features shown on the project map(s). 6.3 DESIGN REQUIREMENTS FOR DETENTION VAULTS AND PIPES T This section includes design requirements and associated information for detention vaults and detention pipes. The focus of this section is on the use of detention vaults and pipes to meet Minimum Requirement No. 5. For other design applications (e.g., to meet Minimum Requirement No. 7), designers must refer to the SWMMWW. For Category 1 and 2 projects that must comply with Minimum Requirement No. 5, the final option that is available for roofs and other hard surfaces under List No. 1 and List No. 2 (per ECDC 18.30.060.D.5 [d] or [e]) is the use of detention vaults or detention pipes. When using detention vaults or pipes to comply with Minimum Requirement No. 5 using List No. 1 or List No. 2 in the City of Edmonds, the following requirements apply. Note that if the project is required to construct a flow control facility to comply with Minimum Requirement No. 7 (per ECDC 18.30.060.D.7), a detention vault is not required to be installed to meet Minimum Requirement No. 5. The City may waive the requirement to install a detention vault or pipe if the downstream analysis in Minimum Requirement No. 4, or available City data indicate that peak flow control is not beneficial. Note that this exemption is rare and most similar to the direct discharge exemption in SWMMWW; qualifying for this exception will require unique site circumstances and may require additional information or calculations from the applicant to demonstrate lack of benefit. It shall not be applied to any site which discharges, direct or indirectly, to a stream, creek, wetland, or floodplain. 30 6. ADDITIONAL REQUIREMENTS Packet Pg. 220 7.1.c 6.3.1 Sizing & Design The City has created simplified sizing techniques for detention vaults and pipes for use in complying with Minimum Requirement No. 5. The sizing calculations and requirements presented below are designed to optimize detention facility functions relative to peak flow control as well as runoff "volume managed." Volume managed is a measure of the difference between facility inflow and outflow rates, and is evaluated using continuous simulation hydrologic modeling by comparing inflow and outflow over the entire continuous simulation. Volume managed represents an estimate of the amount of the storm flow that is attenuated (or removed, for facilities that utilize infiltration) by the flow control facility. To comply with Minimum Requirement No. 5, detention vaults or pipes must be installed for any site impervious surfaces totaling greater than or equal to 1,000 square feet that are not managed by other On - Site Stormwater Management BMPs. This includes areas from multiple types of surfaces listed under the list options in Minimum Requirement No. 5. For example, if unmanaged flows from roofs plus driveway areas exceed 1,000 square feet and runoff from both surfaces can be routed to a single vault, a vault shall be installed. In addition, projects may elect to route "managed" flows to the vault if desired (e.g., where runoff from an installed On -Site Stormwater Management BMPs cannot be easily separated from runoff drainage to the vault.) In this scenario, no upsizing of the vault is required for the "managed" areas. Only the unmanaged surfaces need to be included in the sizing calculations below. The City of Edmonds has developed standards specifically for vaults and pipes used to meet Minimum Requirement No. 5 only. See City standard detail SD-651 for detention tank requirements specific to minimum Requirement #5; this detail shall be completed with design information and included with any plan set proposing detention under Minimum Requirement #5. For compliance with Minimum Requirement No. 7, SWMMWW Volume V, Chapter 12 requirements apply. For vaults with contributing areas greater than or equal to 1,000 square feet the following sizing requirements apply: • Orifice size shall be 0.5 inches • Vault interior bottom area = 2 percent of contributing surface area • Vault minimum active storage depth = 3.0 feet 6.4 UNDERGROUND INJECTION CONTROLS With each update to the SWMMWW, the Department of Ecology continues to emphasize the importance of maximizing the use of infiltration for stormwater runoff control. Given the heavy emphasis on infiltration in the SWMMWW, and thus ECDC 18.30 and this Addendum, it is important to be aware of related requirements for Underground Injection Controls (UICs). In certain situations, BMPs that rely on infiltration are classified as UICs and may be regulated by Ecology under the UIC Program (Washington Administrative Code [WAC] 173 218). For more information on UICs, see SWMMWW Volume I, Chapter 4 (UIC Program). 6. ADDITIONAL REQUIREMENTS 31 Packet Pg. 221 7.1.c 0 CM Co r U a V W d O U r c 0 E 0 tm cv c L d 3 E L O 4- 0 r_ O N L a c a� U I E 7 C d Q L d 3 E L O Cl) N C O E W N N N I U r c a) E t v cv r r Q c O E t u 2 Q 32 6. ADDITIONAL REQUIREMENTS Packet Pg. 222 7.1.c 7 SUBMITTAL REQUIREMENTS Stormwater Site Plans are required for all projects subject to Minimum Requirement No. 1 — Preparation of Stormwater Site Plans (as well as for preparation of a Construction SWPPP, in accordance with Minimum Requirement No. 2), as outlined in Chapter 3 and ECDC 18.30.060.C. This chapter summarizes the requirements for submittals of stormwater plans, reports, and other documents for review by the City of Edmonds. As noted in Section 5.1, Stormwater Site Plans shall be prepared in accordance with Chapter 3 of Volume 1 of the SWMMWW. However, the City of Edmonds has developed checklists to facilitate compliance with Minimum Requirement No. 1 (and thus project submittal and review). This Addendum includes a summary of core submittal requirements for Category 1 and Category 2 projects as Checklists 1 and 2 in Appendix C. 7.1 CATEGORY 1 STORMWATER SITE PLANS Stormwater Site Plans for Category 1 projects must address Minimum Requirements No. 1 through No. 5 Detailed descriptions of submittal requirements are provided in Appendix C, Checklists 1 through 3. A schematic showing the components of a typical Category 1 project submittal is presented in Figure 7.1. Typical Category 1 Stormwater Site Plan Components Site Development Drawings and Reports and Construction SWPPP Drawings Documentation (i.e., construction drawings) Stormwater Site Plan Report, Supporting Documents, and Calculations Soils Report Construction SWPPP Narrative Establishment of Maintenance Covenant Appendices Figure 7.1. Typical Category 1 Stormwater Site Plan Components. 7.2 CATEGORY 2 STORMWATER SITE PLANS Stormwater Site Plans for Category 2 projects include the full submittal package meeting all minimum requirements. The Category 2 Stormwater Site Plan submittal package includes the following 7. SUBMITTAL REQUIREMENTS 33 Packet Pg. 223 7.1.c components: Stormwater Site Plan Report, Site Development Drawings, Soils Report, Construction SWPPP, Operations and Maintenance Manual, Maintenance Covenant, and any plan appendices. A schematic showing the components of a typical Category 2 Stormwater Site Plan submittal package is presented in Figure 7.2. The Construction SWPPP consists of two parts: a narrative report and drawings, which should be included in the plan set with the other Site Development Drawings. Detailed descriptions of submittal requirements are provided in Appendix C, Checklist 2. Typical Category 2 Stormwater Site Plan Components Site Development Drawings Reports and (i.e., construction drawings) Documentation Stormwater Site Plan Report, General Drawings Supporting Documents, and Calculations Construction SWPPP Drawings Soils Report Grading/Earthwork Drawings Construction SWPPP Narrative Plan/Profile Drawings Operation and Maintenance Manual Detail Drawings Establishment of Maintenance Covenant Appendices Figure 7.2. Typical Category 2 Stormwater Site Plan Components. 34 7. SUBMITTAL REQUIREMENTS Packet Pg. 224 7.1.c Appendix A — On -Site Stormwater Management BMP Infeasibility Criteria Packet Pg. 225 7.1.c 0 CM Oo r U a V W d O U r c 0 E 0 tm cv c L d 3 E L O 4- 0 r_ O N L a c a� U I E 7 C d a L d 3 E L O Cl) N C O E W N N N I U r c a) E t v cv r r Q c O E t u 2 Q Packet Pg. 226 OCTOBER 2021 EDMONDS STORMWATER ADDENDUM 7.1.c Appendix B — Methods for Determining Design Infiltration Rates 9% j Packet Pg. 227 7.1.c 0 CM Oo r U a V W d O U r c 0 E 0 tm cv c L d 3 E L O 4- 0 r_ O N L a c a� U I E 7 C d a L d 3 E L O Cl) N C O E W N N N I U r c a) E t v cv r r Q c O E t u 2 Q Packet Pg. 228 OCTOBER 2021 EDMONDS STORMWATER ADDENDUM 7.1.c Appendix C — Checklists for Various Project Submittal, Review, and Field Procedure Elements Packet Pg. 229 7.1.c 0 CM Oo r U a V W d O U r c 0 E 0 tm cv c L d 3 E L O 4- 0 r_ O N L a c a� U I E 7 C d Q L d 3 E L O Cl) N C O E W N N N I U r c a) E t v cv r r Q c O E t u 2 Q Packet Pg. 230 7.1.c Appendix D — Design Checklists for the Main On -Site Stormwater Management BM Ps j Packet Pg. 231 7.1.c 0 CM Oo r U a V W d O U r c 0 E 0 tm cv c L d 3 E L O 4- 0 r_ O N L a c a� U I E 7 C d a L d 3 E L O Cl) N C O E W N N N I U r c a) E t v cv r r Q c O E t u 2 Q Packet Pg. 232 7.1.d ADDENDUM TO EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 18.30 (EDMONDS STORMWATER ADDENDUM) J -r.1 010 WTI ki. ri _ .Imu r.7.Trsi Packet Pg. 233 7.1.d Q Packet Pg. 234 ii NE 2017-OCTOBER 2021 7.1.d EDMONDS STORMWATER ADDENDUM CONTENTS 1 Introduction...............................................................................................................................1 2 How to Use this Addendum......................................................................................................3 2.1 SWMMWW Volume I......................................................................................................3 2.2 SWMMWW Volume II.....................................................................................................4 2.3 SWMMWW Volume III....................................................................................................4 2.4 SWMMWW Volume IV.................................................................................................54 2.5 SWMMWW Volume V.....................................................................................................5 2.6 Addendum Content Not Covered in the SWMMWW......................................................5 3 Applicability of the Minimum Requirements...........................................................................7 3.1 Thresholds and Applicability............................................................................................9 3.1.1 Additional Requirements for Road -Related Projects.........................................9 3.1.2 New Connections to the City's MS4..................................................................9 3.1.3 Comparisons to the SWMMWW.....................................................................10 4 Project Basin Location and Applicable Requirements.......................................................1344 4.1 Determining Downstream Receiving System(s).........................................................1344 4.2 Other Considerations...................................................................................................1444 5 Project Minimum Requirements.........................................................................................154-3- 5.1 Minimum Requirement No. 1 — Preparation of Stormwater Site Plans ...................... 154-3- 5.2 Minimum Requirement No. 2 — Construction Stormwater Pollution Prevention Plan 154-3- 5.3 Minimum Requirement No. 3 — Source Control of Pollution ..................................... 154-3- 5.4 Minimum Requirement No. 4 — Preservation of Natural Drainage Systems and Outfalls........................................................................................................................164-4 5.5 Minimum Requirement No. 5 — On -Site Stormwater Management ............................174-5 5.6 Minimum Requirement No. 6 — Runoff Treatment.....................................................194-7 5.6.1 Edmonds -Specific Oil and Floatables Control.............................................204-9 5.7 Minimum Requirement No. 7 — Flow Control............................................................204-8 5.8 Minimum Requirement No. 8 — Wetland Protection...................................................214-8 5.9 Minimum Requirement No. 9 — Operation and Maintenance.....................................214} 6 Additional Requirements....................................................................................................2324 6.1 Protection of LID Facilities During Construction....................................................... 23-24 6.1.1 General Erosion and Sediment Control BMPs Applicable to LID...............23-24 6.1.2 Additional Construction Techniques for LID BMPs....................................2422 edmondsstormwateraddendum 2022 redlines.docx _ TABLE OF CONTENTS Packet Pg. 235 7.1.d EDMONDS STORMWATER ADDENDUM jUNE 2017OCTOBER 2021 6.1.3 BMP-Specific Construction Techniques......................................................2725 6.2 Off -Site Analyses and Documentation........................................................................30-24 6.2.1 Category 1 Projects.......................................................................................302-9 6.2.2 Category 2 Projects.......................................................................................302-8 6.3 Design Requirements for Detention Vaults and Pipes................................................3230 6.3.1 Sizing & Design............................................................................................33-4 6.4 Underground Injection Controls..................................................................................34-4 7 Submittal Requirements......................................................................................................35-3-3 7.1 Category 1 Stormwater Site Plans...............................................................................35-3-3 7.2 Category 2 Stormwater Site Plans...............................................................................35-3-3 APPENDICES Appendix A — On -Site Stormwater Management BMP Infeasibility Criteria Appendix B — Methods for Determining Design Infiltration Rates Appendix C — Checklists for Various Project Submittal, Review, and Field Procedure Elements Appendix D — Design Checklists for the Main On -Site Stormwater Management BMPs LIST OF FIGURES Figure 3.1. Flow Chart for Determining Requirements for Development.................................8 Figure 7.1. Typical Category 1 Stormwater Site Plan Components . ................................... 35-3-� Figure 7.2. Typical Category 2 Stormwater Site Plan Components . ................................... 36-3-2 H TABLE OF CONTENTS zz* edmondsstormwateraddendum 2022 redlines.docx'S_ ^cx Packet Pg. 236 7.1.d 1 INTRODUCTION This Edmonds Stormwater Addendum (Addendum) provides direction for implementing the City of Edmonds Community Development Code (ECDC) Chapter 18.30, Stormwater Management. The City of Edmonds is required to regulate stormwater discharges to the municipal stormwater system and to waters of the state, in compliance with the Western Washington Phase II National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permit (the Permit). Under the Permit, the City must establish and apply the minimum requirements specified in the Permit and provide design guidance for stormwater quality and quantity control for development projects in Edmonds. Through ECDC Chapter 18.30 and this Addendum, the City is complying with federal requirements under the Clean Water Act and the Permit. This Addendum is organized into 7 chapters, briefly summarized below: • Chapter 2 — How to Use this Addendum includes information on how to use the Addendum in conjunction with the ECDC and Ecology's 20142019 Stormwater Management Manual for Western Washington (SWMMWW), and to clarify for users where the ECDC, SWMMWW, or Addendum apply. • Chapter 3 — Applicability of the Minimum Requirements includes details on the thresholds that determine the applicability of the minimum requirements to different projects. This information is based on SWMMWW Volume I, Section 2:43.3, but has been updated to reflect the specific requirements of ECDC 18.30. Chapter 3 also includes a brief summary of how ECDC 18.30.060 compares to the SWMMWW (regarding applicability of the minimum requirements). • Chapter 4 —Project Basin Locations and Applicable Requirements describes downstream receiving waterbodies and/or drainage systems in the city, which will affect how the minimum requirements apply to a given project (primarily Minimum Requirements No. 5, No. 6, and No. 7). Chapter 4 also includes a brief discussion of the unique soil and topographical conditions in the City of Edmonds. • Chapter 5 —Project Minimum Requirements highlights the primary differences between the minimum requirements presented in the SWMMWW and those in the ECDC and provides additional details and guidance to help projects comply with each minimum requirement. • Chapter 6 — Additional Requirements includes additional information on City -specific requirements that are not fully described in the SWMMWW or ECDC. Specific topics include: 1. Additional requirements pertaining to Construction Stormwater Pollution Prevention Plans (SWPPPs) Element No. 13 — Protect Low Impact Development (LID) Best Management Practices (BMPs) 2. Details on the off -site analyses and documentation required to comply with Minimum Requirement No. 4, Preservation of Natural Drainage Systems and Outfalls 1. INTRODUCTION 1 Packet Pg. 237 7.1.d 3. Design requirements for detention vaults and pipes when used to meet Minimum Requirement No. 5 4. Information on Underground Injection Controls (UICs) • Chapter 7 — Submittal Requirements summarizes the process and requirements for preparing project submittals that meet the requirements of the SWMMWW, the ECDC, and this Addendum. The appendices included in this Addendum provide additional background information and requirements related to stormwater management in the city. (Also note that there are several additional pertinent appendices within the SWMMWW that are adopted by reference.) The following City -specific appendices are included in this Addendum: • Appendix A — On -Site Stormwater Management BMP Infeasibility Criteria • Appendix B — Methods for Determining BMP Design Infiltration Rates • Appendix C — Checklists for Various Project Submittal, Review, and Field Procedure Elements o Checklist 1 — Category 1 Stormwater Site Plans o Checklist 2 — Category 2 Stormwater Site Plans o Checklist 3 — Construction SWPPP Drawings and Report o Checklist 4 — Methods for Determining Infiltration Rates o Checklist 5 — Field and Design Procedures for Bioretention, Permeable Pavement, Rain Gardens, and Downspout Infiltration Systems o Checklist 6 — Procedures for Infiltration Trenches and Basins • Appendix D — Design Checklists for the Main On -Site Stormwater Management BMPs o Checklist 7 — Post -Construction Soil Quality and Depth o Checklist 8 — Sheet Flow Dispersion o Checklist 9 — Concentrated Flow Dispersion o Checklist 10 — Bioretention Cells, Swales, and Planter Boxes o Checklist 11 — Permeable Paving o Checklist 12 — Rain Gardens o Checklist 13 — Downspout Infiltration o Checklist 14 — Downspout Dispersion o Checklist 15 — Perforated Stub -out Connections 2 1. INTRODUCTION Packet Pg. 238 7.1.d 2 HOW TO USE THIS ADDENDUM Review ECDC Chapter 18.30.030 and 18.30.040 to determine if the City's Stormwater Code and this Addendum apply to your project. Review the definitions section of ECDC Chapter 18.30.10 (and if necessary the Glossary in SWMMWW Volume I, Appendix G for clarification on terminology used in ECDC Chapter 18.30 and this Addendum. As per ECDC Chapter 18.30.60, the stormwater management requirements in the City of Edmonds — including but not limited to thresholds, definitions, minimum requirements, adjustment and variance criteria, and exceptions to these requirements — shall be governed by the 20142019 SWMMWW, with additional requirements and modifications as outlined in the provisions of ECDC Chapter 18.30 and this Addendum. Project proponents must review ECDC 18.30 (18.30.060 in particular) and this Addendum to identify how the City's requirements and the requirements of the SWMMWW apply to a given project. In the event of inconsistencies between the various provisions, the more stringent provisions shall apply, unless otherwise approved by the City. Where requirements in this Addendum are also covered in any other law, ordinance, resolution, rule, or regulation of any kind (i.e., outside of ECDC Chapter 18.30), the more restrictive requirement shall govern, unless otherwise approved by the City. This Addendum includes information to supplement or elaborate on the guidelines and requirements outlined in ECDC Chapter 18.30 and the SWMMWW. To highlight for Addendum users where the ECDC, SWMMWW, or Addendum apply, the following sections outline the general applicability of each document, summarized according to the organization of the SWMMWW. Note however that the SWMMWW is not always written in a manner that is suitable as a municipal regulatory tool, therefore there are known overlaps among the ECDC, SWMMWW, and Addendum. As such, this section is only intended to be a guide, not a definitive resource on SWMMWW applicability. When questions or potential inconsistencies arise, project proponents should contact the City for clarification and interpretation. 2.1 SWMMWW VOLUME I Chapter 1 — Introduction : Adopted in its entirety. • Chapter 2 Relationship of This Manual to Permits. Requirements, and Programs: Adopted in its entire . Chapter 2-3 —Minimum Requirements for New Development and Redevelopment_- Users should refer first to ECDC Chapter 18.30.60 and this Addendum. Note that some portions of ECDC 18.30.60 refer back to the SWMMWW as well as specific sections of this Addendum. o In addition, note dia4 for all minimum requirements that require flow modeling, unless otherwise specified, all continuous modeling shall be performed using the "Puget East 36" precipitation time series, consisting of a 158-year precipitation and evaporation time series that are representative of the climatic conditions in the City of Edmonds. This time series is available in WWHM241-2 (select "Use WS-DOT data") and MGSFlood (Extended Timeseries menu). 2. HOW TO USE THIS ADDENDUM 3 Packet Pg. 239 7.1.d o In addition, ECDC 18.30 includes an additional "retro-fit" specific to Minimum Requirement #5: see ECDC 18.30.060.D.5.b.i. Chapter- 3 apply to pr-oj eets in Edmonds, btA Chaptef 7 of this AddeRdufli has been er-eated Plans, Gity as well as additional speeifie stibmittal • • Chapter 4 — UIC Program: Adopted in its entirety. All UICs within Edmonds shall comply with the applicable requirements of this section. • Appendices —Use Appendix G for the SWMMWW only and refer to ECDC Chapter 18.30.10 for ECDC definitions. 2.2 SWMMWW VOLUME II • SWMMWW Volume II is adopted in its entirety. o In addition, this Addendum includes supplemental information to support compliance with SWMMWW Minimum Requirement No. 2, new Element No. 13 — Protect Low Impact Development BMPs. See Chapter 6. 2.3 SWMMWW VOLUME III .Chapter 1 -Choosing your BMPs: Chapter adopted in its entirety. o The infeasibility criteria typically are included within the specific BMP descriptions in the SWMMWW, but are summarized in Appendix A for clarity and ease of use. Appendix A also includes additional BMP infeasibility criteria that are specific to the City of Edmonds, and not necessarily included in the 2014 SWMMWW. o In addition, ECDC 18.30 adds detention to the list of BMPs to be considered under minimum requirement #5; see ECDC 18.30.060.D.5. •in addition, note that Chapter- 6 of this Addendum ineludes infefma4iea to supplement the andChapter 2 — Modelling Your BMPs: Chapter adopted in its entirety. o In addition, Checklist 8 thru 15 of this Addendum include checklists for desi rg iing BMPs. • Chapter 3 — Preparation of Stormwater Site Plans: Refer first to Chapter 7 of this Addendum, and associated Appendix C, Checklists 1 through 3. The requirements of SWMMWW Volume III, Chapter 3 apply to projects in Edmonds, but Chapter 7 of this Addendum has been created to 4 2. HOW TO USE THIS ADDENDUM Packet Pg. 240 7.1.d facilitate compliance with both the SWMMWW requirements for preparation of Stormwater Site Plans, as well as additional City -specific submittal requirements. 2.4 SWMMWW VOLUME IV • SWMMWW Volume IV is adopted in its entirety. 2.5 SWMMWW VOLUME V • SWMMWW Volume V is adopted in its entirety. o In addition, this Addendum includes supplemental information to support determination of On -Site Stormwater Management BMP infeasibility. Specifically, Appendix A of this Addendum summarizes infeasibility criteria that apply to each BMP (to be used in complying with Minimum Requirement No. 5). The infeasibility criteria typically are included within the specific BMP descriptions in the SWMMWW, but are summarized in Appendix A for clarity and ease of use. Appendix A also includes additional BMP infeasibility criteria that are specific to the City of Edmonds, and not necessarily included in the 20142019 SWMMWW. Where there are differences between the SWMMWW and Appendix A, the requirements in Appendix A shall apply unless otherwise approved by the City. o In addition, this Addendum includes design requirements for detention tanks and vaults to meet the Edmonds -specific application of a detention as a BMP for Minimum Requirement #5 in Section 6.3. o In addition, ECDC 18.30 includes a "retrofit" provision under Minimum Requirement #5 which requires mitigating a portion of existingunmitigated nmitigated hard surfaces to remain on a project site; see ECDC 18.30.060.D.5.b.i 2.6 ADDENDUM CONTENT NOT COVERED IN THE • Note that in addition to the items included in Sections 2.1 through 2.5 above, this Addendum includes extensive information that is unique to the City and not tied to a specific SWMMWW volume or issue. Therefore, in addition to the notes above, users must review all of this Addendum and ECDC 18.30 for applicable requirements. This includes the Appendices and checklists included in this Addendum (particularly the BMP design checklists), which contain City -specific design, procedural, and submittal requirements that may not be reflected in the SWMMWW or ECDC. • In addition, as noted in Section 2.1 above, unless otherwise specified, all continuous modeling shall be performed using the "Puget East 36" precipitation time series, consisting of a 158-year precipitation and evaporation time series that are representative of the climatic conditions in the City of Edmonds. This time series is available in WWHM2412 (select "Use WS-DOT data") and MGSFlood (Extended Timeseries menu). 2. HOW TO USE THIS ADDENDUM 5 Packet Pg. 241 7.1.d • The use of corrugated metal pipe within Edmonds is prohibit on both private and public properties storm drain conveyance and /or BMPs (i.e. detention tanks). a� c� a 0 M co U W d O V r C d E d m C R L d m 3 E L O cn 4- 0 O d L a m c m i E c m Q L m 3 E L O cn O E W d E t V Q E ci Q 6 2. HOW TO USE THIS ADDENDUM Packet Pg. 242 7.1.d 3 APPLICABILITY OF THE MINIMUM REQUIREMENTS This chapter is based on SWMMWW Volume I, Section 2.4, however the content below has been updated to reflect the specific requirements of ECDC 18.30. Project proponents must review ECDC 18.30 in detail. The following provides additional information and direction on the thresholds and applicability of minimum requirements outlined in ECDC 18.30.060. Project proponents must be aware that not all of the minimum requirements apply to every development project. The applicability varies depending on the project type and size. This chapter summarizes thresholds that determine the applicability of the minimum requirements to different projects. Review ECDC 18.30.060 and use the flow chart in Figure 3.1 to determine which of the minimum requirements apply to your project. (The minimum requirements themselves are provided in 18.30.060.D and are summarized in Chapter 5 of this Addendum). The thresholds described below and in Figure 3.1 are to be determined at the time of application for a subdivision, plat, short plat, building permit, or other construction permit. For projects involving only land disturbing activities, (e.g., clearing or grading), the thresholds apply at the time of application for the permit allowing or authorizing that activity. 3. APPLICABILITY OF THE MINIMUM REQUIREMENTS 7 Packet Pg. 243 7.1.d Does the project result in 2,000 square feet, or greater, of new plus replaced hard surface area? OR Does the land disturbing activity total 7,000 square feet or greater? Yes No Minimum Requirements No. 1 through 5 apply I Minimum Requirement No. 2 applies Next Question Does the project add 5,000 square feet or more of new plus replaced hard surfaces? OR Convert 0.75 acres or more of vegetation to lawn or landscaped areas? OR Convert 2.5 acres or more of native vegetation to pasture? No Yes No Is this a road related project? All Minimum Requirements apply to the new and replaced Yes hard surfaces and converted vegetation areas. All Minimum Requirements apply to the new hard surfaces and converted vegetation areas. Yes Does the project add 5,000 square feet or No more of new hard surfaces? Yes Do new hard surfaces add 50% or more to the existing hard surfaces within the project limits? No Figure 3.1. Flow Chart for Determining Requirements for Development. No additional requirements. 8 3. APPLICABILITY OF THE MINIMUM REQUIREMENTS Packet Pg. 244 7.1.d 3.1 THRESHOLDS AND APPLICABILITY All development shall be required to comply with Minimum Requirement No. 2. The following Category 1 project sites shall comply with Minimum Requirements No. 1 through No. 5: • Results in 2,000 square feet, or greater, of new plus replaced hard surface area, or • Have land disturbing activity of 7,000 square feet or greater. The following Category 2 project sites shall comply with Minimum Requirements No. 1 through No. 9: • Results in 5,000 square feet or more of new plus replaced hard surfaces, or • Converts 0.75 acres, or more, of vegetation to lawn or landscaped areas, or • Converts 2.5 acres, or more, of native vegetation to pasture. 3.1.1 Additional Requirements for Road -Related Projects For road -related projects, runoff from the new hard surfaces (including pavement, shoulders, curbs, and sidewalks) and the converted vegetation areas shall meet all the minimum requirements if the new hard surfaces total 5,000 square feet or more. In addition, if the new hard surfaces total 5,000 square feet or more and total 50 percent or more of the existing hard surfaces within the project limits, runoff from the new and replaced hard surfaces and the converted vegetation areas shall meet all the minimum requirements. The project limits shall be defined by the length of the project and the width of the right-of- way. 3.1.2 New Connections to the City's MS4 When a property owner proposes a new connection to the City's Municipal Separate Storm Sewer System (MS4), and the situation either 1) does not exceed the Category 1 or Category 2 thresholds above, or 2) does not involve activity that meets the definition of development, the following applies: • Sites that are not currently connected to the City's MS4 but wish to connect directly or indirectly to the City's MS4 may be allowed on a case -by -case basis, subject to City approval. • For sites that propose to drain greater than or equal to 2,000 square feet of hard surface area to the City's MS4, the project shall comply with the requirements of this chapter, treating all hard surfaces to be drained to the City system as new hard surfaces, unless applicant can demonstrate that the site will discharge in the same manner and quantities prior to the proposed project. Applicant shall account for natural dispersion and/or infiltration which may be occurring if these new hard surfaces area currently drain through pervious areas in their analysis.min4ffmm poses any risk to dowastfeam systems stieh as efesion, flooding, pr-epei4y damage, habita4 damage, ter- "alit), degn 4iea, E)r- other- r-eWed impaets. 3. APPLICABILITY OF THE MINIMUM REQUIREMENTS 9 Packet Pg. 245 7.1.d 3.1.3 Comparisons to the SWMMWW Project proponents must review ECDC 18.30 in detail, but the following notes are provided to help clarify how ECDC 18.30.060 compares to the SWMMWW regarding applicability of the minimum requirements (see Chapter 5 for additional details on the individual minimum requirements and how they differ from the SWMMWW): 1. ECDC 18.30 refers to "Category 1" projects and "Category 2" projects. See ECDC 18.30.060 for complete details, but in general: O Category 1 project sites result in 2,000 square feet, or greater, of new plus replaced hard surface area and shall comply with Minimum Requirements No. 1 through No. 5. O Category 2 project sites result in 5,000 square feet, or greater, of new plus replaced hard surface area and shall comply with Minimum Requirements No. 1 through No. 9. 2. ECDC 18.30 does not differentiate between new development and redevelopment. 3. Information regarding which surfaces each minimum requirement applies to (e.g., new hard surfaces, replaced hard surfaces, or both) is typically discussed under each minimum requirement as opposed to within the initial applicability section. 4In addition to item No. 3 above, ECDC 18.30.060.D.5.b includes a retrofit requirement for projects that discharge directly or indirectly to the City's MS4 and that contain existing hard surfaces that do not drain to an approved stormwater management facility. These projects are required to provide On -site Stormwater Management BMPs to manage a portion (a minimum of 25 percent) of those existing hard surfaces that will remain after project completion. See ECDC 18.30.060.D.5.b for complete details on this requirement. 45. ECDC 18.30.060.D.5 also adds detention as a BMP to be ^er�'�.onsidered for feasibility under Minimum Requirement #5 in additional to those in SWMMWW, see Section 6.3. 5-.6. As per the SWMMWW, for road -related projects, if the new hard surfaces total 5,000 square feet or more and total 50 percent or more of the existing hard surfaces within the project limits, runoff from the new and replaced hard surfaces shall meet all the minimum requirements. Otherwise, the minimum requirements only apply to the new hard surfaces (if the new hard surfaces total 5,000 square feet or more). Unlike the SWMMWW, non -road -related projects do not have to assess the valuation of the proposed improvements in order to determine the applicability of the minimum requirements. In general, once triggered by the applicable project area thresholds (see below and ECDC 18.30.060), the minimum requirements apply to both new and replaced hard surfaces. 7ECDC 18.30-.060 and this Addendum also includes requirements for new connections to the City's MS4, when the proposed connection does not involve activity that meets the definition of development. See the previous section of this Addendum for additional information on new connections. 8. ECDC 18.30 and this Addendum modify the flow modelling basin to be used in modelling, see Section 2.6. 9. ECDC 18.30 and this Addendum requires use of the phosphorus treatment menu within the Hall's Creek and Lake Ballinger basins; see Section 5.6. 6 10. Section 5.3, below, prohibits the use of corrugated metal piping (LCMP) within Edmonds. 10 3. APPLICABILITY OF THE MINIMUM REQUIREMENTS Packet Pg. 246 7.1.d Q 3. APPLICABILITY OF THE MINIMUM REQUIREMENTS 11 Packet Pg. 247 7.1.d Q Packet Pg. 248 7.1.d 4 PROJECT BASIN LOCATION AND APPLICABLE REQUIREMENTS 4.1 DETERMINING DOWNSTREAM RECEIVING SYSTEM(S) Broadly speaking, stormwater runoff in the City of Edmonds either travels west to Puget Sound (via a creek or piped system) or to the east to Lake Ballinger or Hall Creek, which discharges to Lake Ballinger. In addition to assessing the new and replaced hard surfaces and converted vegetation areas associated with a project, the minimum requirements (primarily Minimum Requirements No. 5, No. 6, and No. 7) can also vary depending on the project's downstream receiving waterbody and/or drainage system. The specific details of each minimum requirement are outlined in Chapter 5, but in general, projects should determine what type of system(s) their project site drains to early in the development process: The two primary systems to be aware of are described below. Note that these systems are not mutually exclusive: 1. Direct Discharge areas: Those site areas that discharge runoff directly to Puget Sound via a constructed conveyance system (e.g., pipe or ditch) without first entering a creek or other receiving water. (See Section 2:53.4.7 of Volume I of the SWMMWW for the full list of restrictions that must be met to qualify as a direct discharge.) 2. City of Edmonds Municipal Separate Storm Sewer System (MS4): Those site areas that discharge to the City's MS4 before ultimately discharging to a downstream receiving water (e.g., a creek, lake, or Puget Sound). See the City's NPDES Municipal Stormwater Permit for the complete MS4 definition, but this generally includes sites that discharge to a dedicated stormwater conveyance system (including roads with drainage systems, ditches, manmade channels, or storm drains) owned or operated by the City and that discharge to waters of Washington State (including creeks, lakes, ponds, wetlands, and Puget Sound). A map of watersheds in Edmonds is available via the Edmonds GIS Map that can be accessed on the City's website here: (<www.maps.edmondswa. -og_v>). (Note that the City's MS4 is fet idefti foe :r Cit'sN4S4+Direct Discharge Basins are those labeled "Puget Sound;" or "Puget Sound Piped.;"--ef "Edmeads Way." - Edmonds Way is known to have an overflow under certain conditions which creates a discharge to Edmonds Marsh (not considered man-made drainage course for the purposes of this exemption), and therefore the Edmonds Way basin shall not be considered a direct discharge basin. An applicant with site -specific information that is contrary to the basin designations shown in Figure B-1 can present this information to the Public Works Director (Director) or designee for a possible change in basin designation. The Director or designee will make a determination on any requests for a site -specific change in basin designation. 4. PROJECT BASIN TYPE AND APPLICABLE REQUIREMENTS 13 Packet Pg. 249 7.1.d 4.2 OTHER CONSIDERATIONS Edmonds is fortunate to be located adjacent to Puget Sound and possess topography that facilitates desirable views. The underlying soils and relatively steep slopes, however, complicate the application of stormwater management techniques. Prior to logging and subsequent development of the Edmonds area, trees and the forest duff layer above the soil surface (consisting primarily of needles, leaves, branches, bark, and stems in various stages of decomposition) covered the city. With logging came the elimination of the majority of the tree canopy and the duff layer, and with it the elimination of the water -holding capacity of the natural land cover. In the majority of the city, the soils that remain (after forest removal and subsequent development) consist of till or hard pan, which is much less effective at storing or absorbing rainwater. Although this Addendum and the SWMMWW place substantial emphasis on the use of infiltration and on -site stormwater management techniques, the soil regime in the City of Edmonds can make this goal challenging. It is therefore important that project sites thoroughly investigate and understand their soil conditions (as well as other site conditions such as slope, groundwater levels, etc.) before proceeding too far with the site stormwater design. See the submittal checklists in Appendix C (Checklists 1 through 3), BMP infeasibility criteria in Appendix A, and SWMMWW Chapter- 3-for additional details and requirements. In addition to challenging soil conditions, approximately 25 percent of the land area in the City of Edmonds has a slope of 15 percent or greater or is in an Earth Subsidence and Landslide Hazard Area (the Meadowdale area in the northernmost portion of the city). Geologic hazards in these areas can be increased when stormwater runoff from impervious surfaces percolates into the soil. As emphasized in the submittal checklists in Appendix C (Checklists 1 through 3), BMP infeasibility criteria in Appendix A, and SWMMWW Chapter 3; consideration of slopes in the project vicinity is a critical component of the site stormwater design. 44 FVJ 14 4. PROJECT BASIN TYPE AND APPLICABLE REQUIREMENTS Packet Pg. 250 7.1.d 5 PROJECT MINIMUM REQUIREMENTS This chapter should be used as a supplement to ECDC 18.30.060.13 and SWMMWW Volume I, Seetion 3 as it emphasizes the key differences between the minimum requirements outlined in the SWMMWW and those outlined in ECDC 18.30.060.D. Project proponents must still review ECDC 18.30.060.D in detail, but the following text provides additional information and direction on the minimum requirements outlined in ECDC 18.30.060.D. As noted previously in Chapter 4, once a given minimum requirement is triggered (per the thresholds in Chapter 3), the specifics of the minimum requirement may vary depending on the project downstream receiving waterbody and/or drainage system. 5.1 MINIMUM REQUIREMENT NO. 1 - PREPARATION OF STORMWATER SITE PLANS Stormwater Site Plans are required for all projects subject to Minimum Requirement No. 1, as outlined in Chapter 3 and ECDC 18.30.060.C. Stormwater Site Plans shall be prepared in accordance with Chapter 3 of Volume 4-III of the SWMMWW. However, because Chapter 3 of the SWMMWW includes extensive technical requirements, but does not explicitly specify how those requirements shall be consistently documented, submitted, and/or reviewed for a typical development project, the City of Edmonds has developed project checklists to facilitate compliance with this minimum requirement (and thus project submittal and review). Those checklists are introduced in Chapter 7 and provided in Appendix C, Checklists 1 through 3. 5.2 MINIMUM REQUIREMENT NO. 2 - CONSTRUCTION STORMWATER POLLUTION PREVENTION PLAN See ECDC 18.30.060.D.2. In addition, note that ECDC 18.30.060.D.2.d.i points to the SWMMWW Chapter -23, Section 2-.5--.23.4.2 for details on the requirements for Construction Stormwater Pollution Prevention Plans (SWPPPs), including the 13 Elements that must be reflected in the Construction SWPPP. See Chapter 6 for additional requirements pertaining to Construction SWPPP Element No. 13 — Protect Low Impact Development BMPs, which are not provided in the SWMMWW. 5.3 MINIMUM REQUIREMENT NO. 3 - SOURCE CONTROL OF POLLUTION See ECDC 18.30.060.D.3 and SWMMWW Volume IV. Note that all single-family residential projects shall, at a minimum, incorporate required BMPs from SWMMWW Volume IV, S411 — BMPs for Landscaping and Lawn/Vegetation Management. 5. PROJECT MINIMUM REQUIREMENTS 15 Packet Pg. 251 7.1.d Corrugated metal pipe (CMP) has been found to be a routine failure problem in Edmonds and a potential source of additional sediment in the Citysystem. For this reason, CMP pipe is not permitted within Edmonds on either public or private property or both conveyance storm pipe and for detention tanks. 5.4 MINIMUM REQUIREMENT NO. 4 - PRESERVATION OF NATURAL DRAINAGE SYSTEMS AND OUTFALLS See ECDC 18.30.060.D.4 and the content presented below. Although this minimum requirement is based on Minimum Requirement No. 4 in SWMMWW Volume I, Section 1-543.4.4, there are enough differences between the City's requirements and those in the SWMMWW that project proponents should not refer to the SWMMWW for Minimum Requirement No. 4. Only ECDC 18.30.060.D.3 and the following shall be required. To demonstrate compliance with this minimum requirement, all projects shall submit as part of their Stormwater Site Plan an off -site analysis that assesses the potential off -site impacts of stormwater discharges. (See the end of this section, and Chapter 6, for details on the requirements for analysis and documentation.) Natural drainage patterns shall be maintained, and discharges from the project site shall occur at the natural location, to the maximum extent practicable. The manner by which runoff is discharged from the project site must not cause a significant adverse impact to downstream receiving waters or down gradient properties. The discharge must have an identified overflow route that is safe and certain, and leads to the ultimate outfall location (such as a receiving water or municipal drainage system). All outfalls require energy dissipation. (Designs for outfall systems to protect against adverse impacts from concentrated runoff are included in SWMMWW Volume V, Chapter 41.) In addition, existing upstream flows must be accommodated without causing erosion or flooding impacts. Upstream drainage means drainage from adjacent property that enters the proposed project site (other than a defined natural channel). Upstream flows shall not be routed through the project's conveyance, treatment, or retention/detention systems, unless those systems are sized to control those flows. Upstream flows that are collected and routed through or around the site in a separate conveyance shall be dispersed at the downgradient property line, if feasible, or discharged at a project outfall (or outfalls) in a manner that does not violate the criteria below or cause the capacity of a conveyance system to be exceeded. Where no conveyance system exists at the adjacent downgradient property line and the discharge was previously unconcentrated flow or significantly lower concentrated flow, measures must be taken to prevent downgradient impacts. Drainage easements from downstream property owners may be needed and should be obtained prior to approval of engineering plans. For Category 2 projects only — where no conveyance system exists at the adjacent downstream property line and the natural (existing) discharge is unconcentrated, any runoff concentrated by the proposed project, including upstream drainage, must be discharged as follows: 1. If the 100-year peak discharge is less than or equal to 0.2 cfs (0.3 cfs using 15-minute time steps) under existing conditions and will remain less than or equal to 0.2 cfs under developed conditions, then the concentrated runoff may be discharged onto a rock pad or to any other system that serves to disperse flows. 2. If the 100-year peak discharge is between 0.2 and 0.5 cfs (or 0.75 cfs using 15-minute time steps) under existing conditions and will remain in that range under developed conditions, then the 16 5. PROJECT MINIMUM REQUIREMENTS Packet Pg. 252 7.1.d concentrated runoff may be discharged through a dispersal trench or other dispersal system, provided the applicant can demonstrate that there will be no significant adverse impact to downhill properties or drainage systems. 3. If the 100-year peak discharge is greater than 0.5 cfs for either existing or developed conditions, or if a significant adverse impact to downgradient properties or drainage systems is likely, then a conveyance system shall be provided to convey the concentrated runoff across the downstream properties to an acceptable discharge point (i.e., an enclosed drainage system or open drainage feature where concentrated runoff can be discharged without significant adverse impact). To demonstrate compliance with this minimum requirement, all projects shall submit as part of their Stormwater Site Plan an off -site analysis that assesses the potential off -site impacts of stormwater discharges. Off -site analyses shall assess upstream and downstream conditions, including the conveyance capacity and erosion potential in the downstream system. If a problem is found, mitigation is required to prevent worsening of that problem or to mitigate an existing flooding or erosion problem. The off -site analysis shall include, at a minimum, a qualitative analysis of each upstream drainage system entering a site, and each downstream drainage system leaving a site. A quantitative analysis may be required for any project deemed to need additional downstream information or where the project proponent or the City determines that a quantitative analysis is necessary to evaluate the off -site impacts or the capacity of the conveyance system (e.g., where there is evidence of a risk to downstream systems such as erosion, flooding, property damage, habitat damage, water quality degradation, or other related impacts). See Chapter 6 for additional details on off -site analyses and documentation. 5.5 MINIMUM REQUIREMENT NO. 5 - ON -SITE STORMWATER MANAGEMENT The City has made several additions and changes to the contents of Minimum Requirement No. 5 relative to the SWMMWW. Project proponents must review ECDC 18.30.060.D.5 in detail to ensure all City - specific requirements are addressed. This section of the Addendum provides a summary of the City - specific elements of Minimum Requirement No. 5. In addition, this Addendum includes several tools to support implementation of Minimum Requirement No. 5 and related requirements. These tools include: A summary of infeasibility criteria for all On -Site Stormwater Management BMPs (see Appendix A). These infeasibility criteria must be considered when evaluating the feasibility of On -Site Stormwater Management BMPs as part of List No. 1 or List No. 2. The infeasibility criteria are included within the specific BMP descriptions in the SWMMWW, but are summarized in Appendix A for clarity. Appendix A also includes additional BMP infeasibility criteria that are specific to the City of Edmonds, and not necessarily included in the 240442019 SWMMWW. 2. A summary of acceptable methods for determining BMP design infiltration rates (see Appendix B; and Appendix C, Checklist 4). Initial site infiltration rates may be determined either using field testing procedures, or the Soil Grain Size Analysis Method. These methods are described in detail in Appendix B. 5. PROJECT MINIMUM REQUIREMENTS 17 Packet Pg. 253 7.1.d A summary of site investigation and field and design procedures required for several of the On - Site Stormwater Management BMPs as well as for infiltration basins and trenches (see Appendix C, Checklists 5 and 6). The field and design procedures required to design and implement On -Site Stormwater Management BMPs can be considerable, and include issues such as determining infiltration rates, determining depth to groundwater or other impermeable layers, soils reporting requirements, etc. 4. Submittal checklists for Category 1 and Category 2 projects, including notes on project site, soil, and BMP design information that must be documented and submitted to the City to meet the City of Edmonds and SWMMWW requirements related to Minimum Requirement No. 5 (and other minimum requirements. See Appendix C, Checklists 1 through 3. 5. Design checklists for most of the On -Site Stormwater Management BMPs in List No. 1 and List No. 2 (see Appendix D). The applicability of Minimum Requirement No. 5 depends on the project type, project location, and the existing and proposed surfaces at the project site. See ECDC 18.30.060.D.5 for details, but in summary: Projects that drain directly or indirectly to the City's MS4 and that contain existing hard surfaces that do not drain to an approved stormwater management facility are required to provide On -Site Stormwater Management BMPs to manage a minimum of 25 percent of those existing hard surfaces that will remain after the project. The intent is to bring a portion of any existing, unmanaged surfaces up to current standards. If the 25 percent minimum is met, projects are not required to evaluate BMPs in priority order or document infeasibility for these existing surfaces (as per the subsequent project scenarios). 2. Similar to the SWMMWW, Category 1 project sites (project sites subject to Minimum Requirements No. 1 through No. 5) that discharge directly or indirectly to the City's MS4 shall either use On -Site Stormwater Management BMPs from List No. 1 (see ECDC 18.30.060.D.5.d) for all new plus replaced hard surfaces and land disturbed, or demonstrate compliance with the LID Performance Standard (See ECDC 18.30.060.D.5.c). Note that in the City of Edmonds, List No. 1 includes detention vaults or pipes as the final BMP option for roofs and other hard surfaces. See Chapter 6 for associated design requirements for detention vaults and pipes, including simplified sizing methods for meeting Minimum Requirement No. 5. (Note also that if the project is required to construct a flow control facility to comply with Minimum Requirement No. 7 (per ECDC 18.30.060.D.7), a detention vault or pipe is not required to be installed to meet Minimum Requirement No. 5.) Categor,2project sites (project sites subject to Minimum Requirements No. 1 through No. 9) are subject to similar requirements as Category 1 projects, but must use List No. 2 instead of List No. 1 (see ECDC 18.30.060.D.5.e). 4. Projects that discharge directly to Puget Sound through the City's MS4 (in accordance with the restrictions applicable to direct discharges to Puget Sound presented in Section 2.5.7 of Volume I of the SWMMWW) do not have to achieve the LID Performance Standard, and only have to evaluate a subset of the BMPs in List No. 1 or List No. 2. in addition, Edmonds Way Basi- (see the Edmonds GIS Map available on the City's website) n:mst demenstfate that the pr-qjeet's -post development 10 , and 100 year- r-eetifFeRee ifltel=val POWs W4 not exeeed 0.25 and 0.45 eubie feet per- seeend per- aer-e of impen4ous sur-faee area, r-espeetiv4y-. 5. Projects that do not drain directly or indirectly to the City's MS4 are required to either: 18 5. PROJECT MINIMUM REQUIREMENTS Packet Pg. 254 7.1.d o Discharge to the downstream private property (with approval) o Discharge runoff to an on -site system from List No. 1 (see in ECDC 18.30.060.D.5.d). ■ Sites located within earth subsidence and landslide hazard areas or their buffers are not required to evaluate BMPs in priority order or document infeasibility. However, a geotechnical design, analysis, and report by a geotechnical engineer is required. ■ For sites located outside earth subsidence and landslide hazard areas or their buffers, projects must meet applicable Category 1 or Category 2 project requirements for Minimum Requirement No. 5 (see ECDC 18.30.060.D.5.ii and ECDC 18.30.060.D.5.iii). o Project sites may pump on -site runoff to the City's MS4, with prior approval. a,,wast e ri, analysis will be .o ,,; oa ; in such cases, projects shall meet all provisions of ECDC 18.30 as they would drain to the MS4 in post project conditions. 6. Finally, the following guidance shall be used to help clarify the requirements in the SWMMWW specific to List No. 1 and No. 2. Where the SWMMWW and ECDC 18.30.060.D.5.d/e states that "for each surface, consider the BMPs in the order listed for that type of surface. Use the first BMP that is considered feasible. No other On -Site Stormwater Management BMP is necessary for that surface" the following clarifications are provided: o The goal of List No. 1 and List No. 2 is to manage 100 percent of each surface. If a project cannot manage 100 percent of a given surface with the first feasible BMP, a second BMP may be required to manage the remaining unmanaged area (depending on the size of the unmanaged area and the site -specific constraints). For example, where a roof surface drains to multiple downspouts around the perimeter of the structure, it is generally insufficient to only manage runoff that drains to a single downspout and to leave the remaining downspouts unmanaged (i.e., due to infeasibility considerations). 7. For BMPs without specific sizing criteria in this Addendum, single family residential projects under 2,000 SF of new plus replaced hard surfaces only, may use the simplified sizing per the included checklist for each BMP or per Volume V of SWMMWW to satisfy Minimum Requirement #5. However, such sizing methodology shall be assumed to generate an overflow and a piped or subsurface overflow connection is required for such BMPs unless otherwise waived by the City. 5.6 MINIMUM REQUIREMENT NO. 6 - RUNOFF TREATMENT See ECDC 18.30.060.D.6 for thresholds and core requirements. See the SWMMWW for additional information on complying with this minimum requirement. In particular, the following sections should be reviewed: • Volume I, Section2-.-S-.63.4.6 for details on treatment facility sizing • Volume I, Chapter 4 and Volume V, Chapters 2 and 3 for general BMP selection. Note also that phosphorus treatment is required for projects that drain to Hall Creek or Lake Ballinger. 5. PROJECT MINIMUM REQUIREMENTS 19 Packet Pg. 255 7.1.d 0 Volume V for design and maintenance requirements. 5.6.1 Edmonds -Specific Oil and Floatables Control In addition to the oil control requirements in the SWMMWW, all projects in the City of Edmonds not zoned as single-family residential that collect runoff from five or more parking spaces shall install floatable controls in catch basins (if another approved floatable control system is not employed). 5.7 MINIMUM REQUIREMENT NO. 7 — FLOW CONTROL See ECDC 18.30.060.D.7 for thresholds and core requirements. See the SWMMWW for additional information on complying with this minimum requirement (in particular, Volume I, Section 1-5-.73.4.7). Note that flow control in accordance with Minimum Requirement No. 7 is not required for projects that discharge directly to, or indirectly through the City's MS4 to Puget Sound (other minimum requirements still apply, including Minimum Requirement No. 6, as well as Minimum Requirement No. 5 and the Edmonds Way direct discharge requirements). See ECDC 18.30.060.D.5.b.iv and Section 2-.5-.73.4.7 of Volume I of the SWMMWW for additional restrictions applicable to direct discharges to Puget Sound. In addition, the following information may be useful in determining the applicability of Minimum Requirement No. 7, specifically per the 100-year flow frequency threshold outlined in ECDC 18.30.060.D.7.b.iii: Calculations to determine whether a project exceeds the 0.10 cubic feet per second (cfs), using a 1-hour time step (or 0.15 cfs using a 15-minute time step) increase in the 100-year recurrence interval flow must be performed individually for each project using an approved continuous simulation runoff model. The calculation will compare runoff in the post development site to the pre -development land cover. Pre - development, for this activity only, is the lower runoff of the pre project condition, or the site on July 6, 1977 (the effective date of the City's first drainage control ordinance). The unique site, soil, precipitation, and other project -specific factors will ultimately determine whether this threshold is exceeded. Nonetheless, the following general guidelines (based on hypothetical site designs) may be used to help identify the likelihood of this threshold being exceeded. The following land use changes are likely to exceed this threshold under certain conditions: • Converting approximately 5,000 square feet of forest to hard surface • Converting approximately 5,000 square feet of pasture to hard surface • Converting approximately 0.25 acres of forest to landscape surface • Converting approximately 1.25 acres of forest to pasture surfaces (in till soil conditions) 20 5. PROJECT MINIMUM REQUIREMENTS Packet Pg. 256 7.1.d 5.8 MINIMUM REQUIREMENT NO. 8 - WETLAND PROTECTION See ECDC 18.30.060.D.8 and SWMMWW Volume I, Section ''�3.4.8. See also SWMMWW Volume I, Appendix I-D-C . 5.9 MINIMUM REQUIREMENT NO. 9 - OPERATION AND MAINTENANCE See ECDC 18.30.060.D.9. See also the submittal checklists provided in Appendix C, Checklists 1 through 3 (also referenced previously as part of Minimum Requirements No. 1 and No. 5) for notes about submittal requirements related to the required operation and maintenance manual. !, I 5. PROJECT MINIMUM REQUIREMENTS 21 Packet Pg. 257 7.1.d Q Packet Pg. 258 7.1.d 6 ADDITIONAL REQUIREMENTS This chapter includes additional requirements that are either not included in the SWMMWW, or that are supplemental to the information provided in the SWMMWW. Specifically, this chapter addresses: 1. Additional requirements pertaining to Construction SWPPP Element No. 13 — Protect Low Impact Development BMPs (required in the SWMMWW, bttt not outlined in this level of detail) 2. Details on the off -site analyses and documentation required to comply with Minimum Requirement No. 4, Preservation of Natural Drainage Systems and Outfalls (City of Edmonds specific). 3. Design requirements for detention vaults and pipes when used to meet Minimum Requirement No. 5. 4. Information on Underground Injection Controls (UICs). 6.1 PROTECTION OF LID FACILITIES DURING CONSTRUCTION To ensure that LID stormwater facilities and BMPs will be fully functional after construction, it is important to protect these BMPs during construction activities. Protecting native soil and vegetation, minimizing soil compaction, and retaining the hydrologic function of LID BMPs during the site preparation and construction phases are some of the most important practices during the development process. The purpose of this section is to provide designers, builders, and inspectors with guidance and tools for meeting Minimum Requirement No. 2, Element No. 13 — Protect Low Impact Development BMPs. This section does not provide guidance on construction or design of LID BMPs (see SWMMWW Volume III and Volume V), or cover all Construction SWPPP practices (see SWMMWW Volume II), but rather focuses on how to most efficiently reduce impacts on LID BMPs specifically during construction. The practices specified in this section must be applied to protect LID BMPs, unless the given practice does not apply to the project site conditions or activities. 6.1.1 General Erosion and Sediment Control BMPs Applicable to LID Overall Construction Stormwater Pollution Prevention Plan (SWPPP) requirements are specified in Chapter 5, Minimum Requirement No. 2 and SWMMWW Volume II. In general, Construction SWPPP BMPs limit the impact of site disturbance, erosion, and sediment deposition during construction. Some Construction SWPPP BMPs focus on providing a physical barrier or deterrent to help minimize construction -related site disturbance and/or erosion, while other Construction SWPPP BMPs help protect 6. ADDITIONAL REQUIREMENTS 23 Packet Pg. 259 7.1.d the site from concentrated (i.e., erosive) flows. General Construction SWPPP BMPs and their application for protection of LID BMPs in particular are summarized below. These BMPs must be considered for projects subject to Minimum Requirement No. 2 that are proposing to construct LID BMPs. Construction SWPPP BMP Application BMP C103: High Visibility Fence Use fencing to limit clearing; prevent disturbance of sensitive areas, their buffers, and other areas; limit construction traffic; and protect areas where marking with flagging may not provide adequate protection BMP C200: Interceptor Dike and Swale Use an interceptor dike and/or swale to intercept the runoff from unprotected areas and direct it to areas where erosion can be controlled BMP C201: Grass -Lined Channels Use grass lined channels where concentrated runoff may cause erosion and flooding of the site BMP C207: Check Dams Use check dams in swales or ditches to reduce the velocity and dissipate concentrated flow BMP C208: Triangular Silt Dike (TSD) Use triangular silt dikes as check dams, for perimeter protection, (Geotextile-Encased Check Dam) temporary soil stockpile protection, drop inlet protection, or as a temporary interceptor dike BMP C231: Brush Barrier Use brush barriers to decrease flow velocities and reduce transport of coarse sediment from overland flow BMP C233: Silt Fence Use silt fences to decrease flow velocities and reduce transport of sediment from overland flow BMP C234: Vegetated Strip Use vegetated strips to decrease flow velocities and reduce transport of sediment from overland flow 6.1.2 Additional Construction Techniques for LID BMPs In addition to the general Construction SWPPP BMPs presented in Section 6.1.1, this section outlines specific construction -phase techniques to protect LID BMPs. LID BMP protection is still a somewhat new and evolving practice, therefore the specific LID BMP protection measures outlined below are not explicitly called out in the SWMMWW. Rather, the techniques presented in this section supplement the Construction SWPPP BMPs presented above, and those presented in the SWMMWW Volume II. (Note these techniques can be applied to any site, not just those incorporating LID, but these techniques are particularly important for LID BMP protection.) Construction Site Planning and Sequencing Construction site planning and sequencing is a procedural BMP that is critical to successful installation and long-term operation of LID BMPs. Proper site planning and construction sequencing will minimize the impact of construction on permanent stormwater facilities by reducing the potential for soil erosion and compaction. Site planning and sequencing techniques to be used as practicable for protection of LID BMPs include: 24 6. ADDITIONAL REQUIREMENTS Packet Pg. 260 7.1.d Construction Site Planning and Sequencing Requirements Construction Site Planning and Sequencing Techniques Limit clearing and grading activities • Keep grading to a minimum by incorporating natural topographic depressions into the development. • Shape final lot grades and topographic features early (i.e., at the site development stage) where feasible. • Limit the amount of cut and fill in areas with permeable soils. • Limit clearing to road, utility, building pad, lawn areas, and the minimum amount of extra land necessary to maneuver machinery (e.g., a 10-foot perimeter around a building). Limit construction activity in areas • Clearly document —and plan to meet and walk through the designated for LID site with equipment operators prior to construction —to clarify construction boundaries, limits of disturbance, and construction activities in the vicinity of LID BMPs. • General/primary contractor must inform other sub -contractors of applicable LID BMP protection requirements. This is particularly important when working around permeable pavement. Limit clearing and grading during heavy • Time construction activities to start during the summer (lowest rainfall seasons precipitation) and end in the fall (when conditions are favorable for the establishment of vegetation), if feasible. Minimize the amount and time that graded • Complete construction and erosion control activities in one areas are left exposed section of the site before beginning activity in another section. Utilize permeable and nutrient rich soils • Preserve any portion of the site with permeable soils to promote infiltration of stormwater runoff. • Leave areas of rich topsoil in place, or if excavated, utilize elsewhere on the site to amend areas with sparse or nutrient deficient topsoil. Reduce impact of construction access roads • Reduce the number and size (width/length) of construction access roads. • Locate construction access roads in areas where future roads and utility corridors will be placed (unless utilizing permeable pavement). Promote sheet flow and minimize • Avoid grading that results in steep, continuous slopes, concentrated runoff especially in areas contributing runoff to LID BMPs. LID BMP activation • LID BMPs shall not begin operation until all erosion -causing project improvements (including use of access roads that may contribute sediment) are completed and all exposed ground surfaces are stabilized by revegetation or landscaping in upland areas potentially contributing runoff to the BMP. Q 6. ADDITIONAL REQUIREMENTS 25 Packet Pg. 261 7.1.d Activities During Construction Many common construction -phase activities pose a risk to LID BMPs. The following techniques will help minimize these impacts. Techniques to be used for protection of LID BMPs include: Erosion Control Requirements Erosion Control Techniques Protect native topsoil during the • Where practicable, protect areas of rich topsoil. If excavation is construction phase, and reuse on site necessary, stockpile native soils that can be used on the site after construction. • Stockpile materials in areas designated for clearing and grading (such as parking areas and future impervious roadways) and away from infiltration and other stormwater facilities. • Cover small stockpiles with weed barrier material that sheds moisture yet allows air transmission. Large stockpiles may need to be seeded and/or mulched. • Do not relocate topsoil or other material to areas where they can cover critical root zones, suffocate vegetation, or erode into adjacent streams. Use effective revegetation methods • Use native plant species adapted to the local environment. • Plant during late fall, winter, or early spring months when vegetation is likely to establish quickly and survive. • Utilize proper seedbed preparation. Fertilize and mulch to protect germinating plants. Apply 1 inch of compost topped with 2 inches of mulch. • Protect areas designated for revegetation from soil compaction by restricting heavy equipment. • Provide proper soil amendments where necessary (refer to SWMMWW, Volume V, Chapter 5, BMP T5.13 Post - Construction Soil Quality and Depth). Amend soil toward the end of construction. Once established, protect from compaction and erosion. • During storage, plants should be protected by solar screens when possible to prevent overexposure and excessive drying. Perform preconstruction, routine, and • Conduct a preconstruction inspection to verify that adequate postconstruction inspections barriers have been placed around vegetation retention areas, infiltration facilities (as needed), and structural controls are implemented properly. • Conduct routine inspections to verify that structural controls are being maintained and effectively protecting LID BMPs throughout construction. • Conduct a final inspection to verify that revegetation areas are stabilized and that permanent LID BMPs are in place and functioning ro erl . 26 6. ADDITIONAL REQUIREMENTS Packet Pg. 262 7.1.d 6.1.3 BMP-Specific Construction Techniques This section outlines construction -phase BMP protection techniques specific to categories of LID BMPs (e.g., infiltration and dispersion) as well as specific LID BMPs (permeable pavement, bioretention areas/rain gardens, and vegetated roofs). The BMP protection techniques presented previously in Section 6.1.2 are applicable to the overall construction site to help protect LID BMPs. The techniques outlined in this section are based on the specific BMP functions, targeting typical construction activities that pose a risk to individual BMPs. Infiltration and Dispersion Facility Construction Techniques It is critical that appropriate methods are used to protect infiltration and dispersion BMPs from compaction and sediment loading during construction. For infiltration facilities in particular, the subgrade soils must be protected from clogging and over -compaction to maintain the soil permeability and ensure BMP performance. Techniques for protection of infiltration and dispersion BMPs during various stages of construction are summarized below. Construction Stage Techniques for Protecting Infiltration and Dispersion Facilities Prior to construction • The infiltration/dispersion area shall be clearly identified (e.g., using flagging or high visibility fencing) and protected prior to construction to prevent compaction of underlying soils by vehicle traffic. • Develop a soil and vegetation management plan showing areas to be protected and restoration methods for disturbed areas before land clearing sta rts. • The Construction SWPPP sheets must outline construction sequencing that will protect the infiltration/dispersion area during construction. • Construction SWPPP BMPs and protection techniques identified in the previous sections shall be implemented as applicable. In particular, be sure to stabilize upslope construction areas (e.g., using silt fences, berms, mulch, or other Construction SWPPP BMPs) and minimize overland flow distances. Excavation • Excavation of infiltration/dispersion areas shall be performed by machinery operating adjacent to the BMP. No heavy equipment with narrow tracks, narrow tires, or large lugged high pressure tires shall be allowed on the infiltration/dispersion area footprint. • Where feasible, excavate infiltration/dispersion areas to final grade only after all disturbed areas in the upgradient project drainage area have been permanently stabilized. (If infiltration areas must be excavated before permanent site stabilization, initial excavation must be conducted to no less than 6 inches of the final elevation of the facility floor.) • Excavation of infiltration areas shall not be allowed during wet or saturated conditions. • The use of draglines and trackhoes should be considered for constructing infiltration and dispersion areas. • The bottom (and sidewalls if feasible) of an infiltration facility excavation must be raked or scarified to a minimum depth of 3 inches after final excavation to restore infiltration rates. • Scarify soil along the dispersion flow path if disturbed during construction. 6. ADDITIONAL REQUIREMENTS 27 Packet Pg. 263 7.1.d Construction Stage Techniques for Protecting Infiltration and Dispersion Facilities Sediment control . Bioretention, rain garden, and permeable pavement BMPs shall not be used as sediment control facilities, and all drainage shall be directed away from the BMP location after initial rough grading. Direct construction site flow away from the infiltration/dispersion area using applicable Construction SWPPP BMPs (e.g., temporary diversion swales). Permeable Pavement There are many potential applications and site scenarios where permeable pavement can be applied. The following techniques highlight the most broadly applicable techniques to be used to protect permeable pavement BMPs during construction. Refer to the previous section for construction protection methods that are applicable to all infiltration BMPs, as well as Sections 6.1.1 and 6.1.2 for general site protection measures. In addition to those techniques, the following techniques apply specifically for protection of permeable pavement during construction: • Use procedural BMPs to plan construction. For example, phase construction to minimize compaction, sedimentation, or structural damage to the permeable pavement. • Use physical Construction SWPPP BMPs and/or grade the site to avoid sediment laden runoff from reaching permeable pavements. • Place protective surfaces (e.g., waterproof tarps and steel plates) over any permeable pavement areas used for construction staging. %% • Do not drive sediment -laden construction equipment on the base material or pavement. Do not allow sediment -laden runoff on permeable pavements or base materials. • Once the pavement is finished and set, cover the pavement surface with plastic and geotextile to protect from other construction activities. Close and protect the pavement area until the site is permanently stabilized. • Incorporate measures to protect road subgrade from over compaction and sedimentation if permeable pavement roads are used for construction access. o Cover the aggregate base or pavement surface with protective geotextile fabric and protect fabric with steel plates or gravel. Gravel should only be used to protect the fabric placed over aggregate base. o Once construction is complete and the site is permanently stabilized, remove protective geotextile, clean, and complete pavement installation. Refer to the detailed permeable pavement BMP information in SWMMWW Volume V, Chapter 5, as well as City of Edmonds Standard Details for general permeable pavement construction criteria. 28 6. ADDITIONAL REQUIREMENTS Packet Pg. 264 7.1.d Bioretention Areas and Rain Gardens As with permeable pavements, there are many potential applications and site scenarios where bioretention and rain garden BMPs can be applied. The following techniques highlight the most broadly applicable techniques to be used to protect bioretention and rain garden BMPs during construction. Refer to the beginning of this section for construction protection methods that are applicable to all infiltration BMPs, as well as Sections 6.1.1 and 6.1.2 for general site protection measures. In addition to those techniques, the following techniques apply specifically for protection of bioretention and rain garden BMPs during construction: • Excavation: o If machinery must operate in the bioretention area for excavation, use lightweight, low ground -contact pressure equipment and rip the base at completion to scarify soil to a minimum of 12 inches. • Protect bioretention soil mix from compaction during construction o Do not place bioretention soil mix if saturated or during wet periods. o Check for compaction prior to planting. If compaction occurs, aerate the bioretention soil and then proceed to plant. Refer to the detailed bioretention and rain garden BMP information in SWMMWW Volume V, Chapter 7, as well as City of Edmonds Standard Details for general bioretention and rain garden construction criteria. YV Vegetated Roofs The following additional techniques apply for protection of vegetated roof facilities during construction: • Because of their location and complexity, vegetated roofs typically require more planning and coordination effort relative to ground -level landscaping. For new construction, a critical path approach is highly recommended to establish the sequence of tasks for construction of the vegetated roof system. • During construction, it is vitally important that the waterproof membrane be protected once installed. The waterproofing should be tested prior to placement of the growth media and other subsequent vegetated roof materials. Refer to the detailed vegetated roof BMP information in SWMMWW Volume V, for general construction criteria. 6. ADDITIONAL REQUIREMENTS 29 Packet Pg. 265 7.1.d 6.2 OFF -SITE ANALYSES AND DOCUMENTATION All projects subject to Minimum Requirement No. 4 shall submit as part of their Stormwater Site Plan an off -site analysis that assesses the potential off -site impacts of stormwater discharges. The following sections detail the analysis and documentation requirements for Category 1 and Category 2 projects. 6.2.1 Category 1 Projects Category 1 projects shall submit a qualitative analysis of potential off -site impacts of stormwater discharges for each upstream drainage system entering a site, and each downstream drainage system leaving a site. The upstream analysis shall identify and describe points where water enters the site. Any upstream contributing areas shall be identified and mapped in the project Stormwater Site Plan submittal. The downstream analysis shall extend from the project site to the receiving water, or up to one -quarter mile, whichever is less. In many cases, runoff that leaves a project site will enter the City's MS4 within one -quarter mile. In these instances, the project must evaluate and document downstream conditions up to and including runoff entry into the City's MS4. In addition, the project proponent shall consult with the City to determine whether the MS4 has any existing or anticipated capacity issues downstream of the proposed project. The qualitative analysis shall identify where and how stormwater runoff will leave the proposed development site, and describe conditions downstream of the site including any existing or anticipated future problem areas (e.g., spot flooding, property damage, erosion issues, capacity -limited drainage systems, etc.). The qualitative analysis must be sufficient for the City to evaluate whether the project has adequately identified potential impacts and whether proposed mitigation measures are supported by the analysis. Some "rough" quantitative analyses, which can be based on non -surveyed field data, may be necessary as part of the qualitative analysis to adequately describe or document the extent of observed problem areas. Note that any off -site field visits should be conducted during winter months and after significant precipitation events to identify seasonal issues such as flooding, capacity constraints, or surface seeps or other indicators of near surface groundwater. A quantitative analysis may also be required for any project where the project proponent or the City determines that a more thorough analysis is necessary to evaluate the off -site impacts or the capacity of the conveyance system (e.g., where there is evidence of a risk to downstream systems such as erosion, flooding, property damage, habitat damage, water quality degradation, or other related impacts). A quantitative analysis may include calculations and/or modeling analyses of on -site and off -site water quality, erosion, slope stability, and other drainage -related impacts that may be caused or aggravated by a proposed project. 6.2.2 Category 2 Projects All Category 2 projects shall submit a qualitative analysis of potential off -site impacts of stormwater discharges that extend downstream from the site to the receiving water. (If the ultimate discharge point is to Puget Sound via a culvert owned by BNSF Railway, the analysis must be followed through the drainage system all the way to Puget Sound.) A quantitative analysis may also be required for any project deemed to need additional downstream information or where the project engineer or the City determines that a quantitative analysis is necessary to evaluate the off -site impacts or the capacity of the conveyance system (e.g., where there are known capacity issues or where there is evidence of a risk to downstream 30 6. ADDITIONAL REQUIREMENTS Packet Pg. 266 7.1.d systems such as erosion, flooding, property damage, habitat damage, water quality degradation, or other related impacts). The qualitative analysis must be sufficient for the City to evaluate whether the project has adequately identified potential impacts and whether proposed mitigation measures are supported by the analysis. Some "rough" quantitative analysis, which can be based on non -surveyed field data, may be required at this stage. A downstream analysis of the project for a minimum of one -quarter of a mile is required. The analysis must also extend upstream to a point beyond any backwater effects caused by the project. The analysis must include field -inspection of all existing stormwater drainage systems downstream from the project and a determination of whether the capacity of the drainage system(s) is adequate to handle the existing flows, flows generated by the proposed project, and any overflow. Adequacy will be evaluated based on conveyance capacity, flooding problems, erosion damage or potential, amount of freeboard in channel and pipes, and storage potential within the system. Note that site visits should be conducted during winter months and after significant precipitation events to identify undocumented surface seeps or other indicators of near surface groundwater. See the end of this section for specific topics to be discussed in the qualitative analysis. When deemed necessary by the project engineer or required by the City, a quantitative analysis shall include the qualitative analysis describe above, as well as quantitative calculations and/or modeling analyses of on -site and off -site water quality, erosion, slope stability, and other drainage -related impacts that may be caused or aggravated by a proposed project. Measures for preventing impacts and for not aggravating existing impacts shall also be identified. ("Aggravating existing impacts" means increasing the frequency of occurrence and/or severity of an impact.) The analysis shall document how temporary and permanent flow control and water quality control measures identified in the Stormwater Site Plan will mitigate the potential to create new problems or aggravate existing conditions. In many cases, design of flow control and water quality systems according to the procedures contained in this Addendum and the SWMMWW will be adequate demonstration of mitigation. However, upon review of this analysis and the severity of an existing problem, the City may require more detailed analysis and/or additional mitigation measures. In general, all existing and proposed off -site surface water conveyance systems shall be sized to convey flows without surcharging the City's storm system (or BNSF culverts under the railroad tracks, if applicable). Both the qualitative analysis and the quantitative analyses (when required) shall include descriptions and/or analyses of the following items. The descriptions shall identify existing or potential problem areas, and whether adequate mitigation can be identified (or whether more detailed quantitative analysis is necessary). References to other Stormwater Site Plan sections (e.g., facility sizing, conveyance, attachments and appendices, etc.) are encouraged to reduce plan redundancy, as long as all of the required Stormwater Site Plan issues are clearly presented: • Describe the drainage system between the site and the receiving surface waters. Provide information on pipe sizes, channel characteristics, and drainage structures. Describe emergency services located along the flow path (e.g., fire/police stations, hospitals). Describe environmentally sensitive areas, such as wetlands, etc. • Describe the upstream drainage tributary to the project. Describe any bypass drainage from the project which will not be controlled. • The bulk of the analysis shall focus on highlights of important considerations from the project overview and off -site analysis sections related to the drainage system and potential problems or concerns. Existing and potential impacts to be evaluated and mitigated shall include, but not be limited to: 6. ADDITIONAL REQUIREMENTS 31 Packet Pg. 267 7.1.d O Conveyance system capacity issues. o Flooding or bank overtopping. o Upland erosion impacts, including slope stability and landslide hazards. O Stream channel erosion (at the outfall location and to the downstream limit of analysis). O Violations of surface water quality standards as identified in a Basin Plan or a TMDL/Water Cleanup Plan (e.g., for Lake Ballinger). O For each existing or potential problem, document: the magnitude of damage caused by the problem, the general frequency and duration, current mitigation of the problem (if any), the likely or possible cause of the problem, and whether the project is likely to aggravate the problem or create a new one. • Determine whether the project is within any other critical areas or their buffers as defined in ECDC, and whether any additional requirements apply. • All areas pertinent to the analyses such as site boundaries, study area boundaries, streets and prominent features, downstream flow path, potential/existing problems, etc. shall be keyed to features shown on the project map(s). 6.3 DESIGN REQUIREMENTS FOR DETENTION VAULTS AND PIPES T This section includes design requirements and associated information for detention vaults and detention pipes. The focus of this section is on the use of detention vaults and pipes to meet Minimum Requirement No. 5. For other design applications (e.g., to meet Minimum Requirement No. 7), designers must refer to the SWMMWW. For Category 1 and 2 projects that must comply with Minimum Requirement No. 5, the final option that is available for roofs and other hard surfaces under List No. 1 and List No. 2 (per ECDC 18.30.060.D.5 [d] or [e]) is the use of detention vaults or detention pipes. When using detention vaults or pipes to comply with Minimum Requirement No. 5 using List No. 1 or List No. 2 in the City of Edmonds, the following requirements apply. Note that if the project is required to construct a flow control facility to comply with Minimum Requirement No. 7 (per ECDC 18.30.060.D.7), a detention vault is not required to be installed to meet Minimum Requirement No. 5. The City may waive the requirement to install a detention vault or pipe if the downstream analysis in Minimum Requirement No. 4, or available City data indicate that peak flow control is not beneficial. Note that this exemption is rare and most similar to the direct discharge exemption in SWMMWW; qualifin g for this exception will require unique site circumstances and may require additional information or calculations from the applicant to demonstrate lack of benefit. It shall not be applied to any site which discharges, direct or indirectly, to a stream, creek, wetland, or floodplain. 32 6. ADDITIONAL REQUIREMENTS Packet Pg. 268 7.1.d 6.3.1 Sizing & Design The City has created simplified sizing techniques for detention vaults and pipes for use in complying with Minimum Requirement No. 5. The sizing calculations and requirements presented below are designed to optimize detention facility functions relative to peak flow control as well as runoff "volume managed." Volume managed is a measure of the difference between facility inflow and outflow rates, and is evaluated using continuous simulation hydrologic modeling by comparing inflow and outflow over the entire continuous simulation. Volume managed represents an estimate of the amount of the storm flow that is attenuated (or removed, for facilities that utilize infiltration) by the flow control facility. To comply with Minimum Requirement No. 5, detention vaults or pipes must be installed for any site impervious surfaces totaling greater than or equal to 1,000 square feet that are not managed by other On - Site Stormwater Management BMPs. This includes areas from multiple types of surfaces listed under the list options in Minimum Requirement No. 5. For example, if unmanaged flows from roofs plus driveway areas exceed 1,000 square feet and runoff from both surfaces can be routed to a single vault, a vault shall be installed. In addition, projects may elect to route "managed" flows to the vault if desired (e.g., where runoff from an installed On -Site Stormwater Management BMPs cannot be easily separated from runoff drainage to the vault.) In this scenario, no upsizing of the vault is required for the "managed" areas. Only the unmanaged surfaces need to be included in the sizing calculations below. The City of Edmonds has developed standards specifically for vaults and pipes used to meet Minimum Requirement No. 5 only. See City standard detail SD-651 for detention tank requirements specific to minimum Requirement #5; this detail shall be completed with design information and included with any elan set nr000sina detention under Minimum Reauirement #5. For compliance with Minimum Requirement No. 7, SWMMWW Volume V, Chapter 12 requirements apply. For vaults efTipe-s-with contributing areas greater than or equal to 1,000 square feet the following sizing requirements apply: • Orifice size for- vaults and pi-pes fyms+shall be 0.5 inches • Vault interior bottom area = 2 percent of contributing surface area • Vault minimum active storage depth = 3.0 feet �as�ssrsassa�- -- • ��• 6. ADDITIONAL REQUIREMENTS 33 Packet Pg. 269 7.1.d 6.4 UNDERGROUND INJECTION CONTROLS With each update to the SWMMWW, the Department of Ecology continues to emphasize the importance of maximizing the use of infiltration for stormwater runoff control. Given the heavy emphasis on infiltration in the SWMMWW, and thus ECDC 18.30 and this Addendum, it is important to be aware of related requirements for Underground Injection Controls (UICs). In certain situations, BMPs that rely on infiltration are classified as UICs and may be regulated by Ecology under the UIC Program (Washington Administrative Code [WAC] 173 218). For more information on UICs, see the 2006 Eeelegy deetiment titled dui a-mee fe UIC Wells��ge Steat .SWMMWW Volume I, Chapter 4 (UIC Program). *IV 34 6. ADDITIONAL REQUIREMENTS Packet Pg. 270 7.1.d 7 SUBMITTAL REQUIREMENTS Stormwater Site Plans are required for all projects subject to Minimum Requirement No. 1 — Preparation of Stormwater Site Plans (as well as for preparation of a Construction SWPPP, in accordance with Minimum Requirement No. 2), as outlined in Chapter 3 and ECDC 18.30.060.C. This chapter summarizes the requirements for submittals of stormwater plans, reports, and other documents for review by the City of Edmonds. As noted in Section 5.1, Stormwater Site Plans shall be prepared in accordance with Chapter 3 of Volume 1 of the SWMMWW. However, the City of Edmonds has developed checklists to facilitate compliance with Minimum Requirement No. 1 (and thus project submittal and review). This Addendum includes a summary of core submittal requirements for Category 1 and Category 2 projects as Checklists 1 and 2 in Appendix C. 7.1 CATEGORY 1 STORMWATER SITE PLANS Stormwater Site Plans for Category 1 projects must address Minimum Requirements No. 1 through No. 5 Detailed descriptions of submittal requirements are provided in Appendix C, Checklists 1 through 3. A schematic showing the components of a typical Category 1 project submittal is presented in Figure 7.1. Typical Category 1 Stormwater Site Plan Components Site Development Drawings and Reports and Construction SWPPP Drawings Documentation (i.e., construction drawings) Stormwater Site Plan Report, Supporting Documents, and Calculations Soils Report Construction SWPPP Narrative Establishment of Maintenance Covenant Appendices Figure 7.1. Typical Category 1 Stormwater Site Plan Components. 7.2 CATEGORY 2 STORMWATER SITE PLANS Stormwater Site Plans for Category 2 projects include the full submittal package meeting all minimum requirements. The Category 2 Stormwater Site Plan submittal package includes the following 7. SUBMITTAL REQUIREMENTS 35 Packet Pg. 271 7.1.d components: Stormwater Site Plan Report, Site Development Drawings, Soils Report, Construction SWPPP, Operations and Maintenance Manual, Maintenance Covenant, and any plan appendices. A schematic showing the components of a typical Category 2 Stormwater Site Plan submittal package is presented in Figure 7.2. The Construction SWPPP consists of two parts: a narrative report and drawings, which should be included in the plan set with the other Site Development Drawings. Detailed descriptions of submittal requirements are provided in Appendix C, Checklist 2. Typical Category 2 Stormwater Site Plan Components Site Development Drawings Reports and (i.e., construction drawings) Documentation Stormwater Site Plan Report, General Drawings Supporting Documents, and Calculations Construction SWPPP Drawings Soils Report Grading/Earthwork Drawings Construction SWPPP Narrative Plan/Profile Drawings Operation and Maintenance Manual Detail Drawings Establishment of Maintenance Covenant Appendices Figure 7.2. Typical Category 2 Stormwater Site Plan Components. 36 7. SUBMITTAL REQUIREMENTS Packet Pg. 272 7.1.d Appendix A — On -Site Stormwater Management BMP Infeasibility Criteria Packet Pg. 273 7.1.d a Packet Pg. 274 j� �n�oNE 201,?OCTOBER 2021 EDMONDS STORMWATER ADDENDUM 7.1.d Appendix B — Methods for Determining Design Infiltration Rates Packet Pg. 275 7.1.d Q Packet Pg. 276 j� �n�oNE 201,?OCTOBER 2021 EDMONDS STORMWATER ADDENDUM 7.1.d Appendix C — Checklists for Various Project Submittal, Review, and Field Procedure Elements Packet Pg. 277 7.1.d Q Packet Pg. 278 7.1.d Appendix D — Design Checklists for the Main On -Site Stormwater Management BM Ps j IV Packet Pg. 279 7.1.d Q Packet Pg. 280 2022 ECDC 18.30 and Stormwater Addendum Summary of Changes 7.1.e # Document Section Direction Summary of Old requirement Summary of New requirement Estimated Impact (Old/new) From Minimal as most revisions were re -organization of existing elements; see Ecology 1 ECDC 18.30 Entirety Ecology Aligned with 2014 SWMMWW Aligned with 2019 SWMMWW Executive Summary and Crosswalk documents for more information. 2 ECDC 18.30 18.30.010 EcologyAligned with previous NPDES permit Appendix 1 g p p pp Aligned with new NPDES permit Appendix 1 g p pp Minimal; City code did not include a couple of the definitions listed in Appendix A but revised/new definitions generally consistent with previous definitions. "Road -related project" definition vague on application "Road -related project" definition revised to clarify that None; added for clarity only. Revised definition is consistent with City staff 3 ECDC 18.30 18.30.010 City Staff to frontage improvements as part of development frontage improvements as part of development project interpretation which was confirmed by Ecology staff. project are not considered road -related projects "Site" definition which does not address relationship "Site" definition updated to clarify that drainage None; added for clarity only. Revised definition is consistent with previous City staff 4 ECDC 18.30 18.30.010 City Staff with separate definition for "project site" requirements are assessed against the "project site", not . interpretation. this definition. 5 ECDC 18.30 18.30.010 Ecology Old Example TDA Delineations figure Updated Example TDA Delineations figure None; revised for clarity only. Makes new standard effective to (1) new projects after Jan. 1, 2022, (2) projects under a previous/older version of drainage code but not under construction yet, and (3) projects approved under the current drainage code which have not started construction 6 ECDC 18.30 18.30.030 Ecology Old dates of applicability for previous code. Updated dates of new code applicability. by 2027. These dates align with specific requirements per the revised NPDES permit; except that new code applies starting January 1, 2022 instead of last acceptable date of July 1, 2022. This is essentially the states way of managing the vesting of drainage requirements. 7 ECDC 18.30 18.30.040 Ecology ,,i Older language referring to "impervious" simplified, Newer language referring to "hard" surfaces, , None; revisions for clarity and constancy only. and rearranged to better match SWMMWW format 18.30.040. "Underground utility project" exemption does not "Underground utility project" exemption clarifies that None; added for clarity only. Revised definition is consistent with previous City staff 8 ECDC 18.30 B.1 City Staff define underground utility project. utilities as part of development do not qualify for this interpretation. partial exemption. New connections for areas over 2,000 to be handled like Closes loop hole which could impact City system, but may limit resident options for 18.30.060. New connections for existing surfaces were addressed anew project, and all surfaces mitigated unless home improvement (non -development) projects. This limits impacts to City system and 9 ECDC 18.30 City Staff case -by -case and allowed applicant to potentially aligns with the intent of SWMMWW better (which seeks to return flows to historic, C.3 connect without mitigation if determine acceptable. applicant can demonstrate previous drainage was forested, conditions), but homeowners seeking to improve their home (without similar impact on City system. development/expansion), may be impacted by this additional burden as well. 18.30.060. Treatment trade/equivalent area text scattered through Explicit language permitting the use of equivalent areas None; revised language form Ecology is consistent with past staff interpretations and 10 ECDC 18.30 C.4 Ecology out document. for stormwater mitigation. the use equivalent areas was already being permitted within Edmonds. Retrofit requirement requires 25% of existing Additional protection for Perrinville Creek but potential additional cost to home owners 11 ECDC 18.30 18.30.060. City Staff unmanaged surfaces to remain on a project site, to be Specific to Perrinville Basin, the value increases form and developers. This provisions not only seeks to limit further impacts from D.S.b.i mitigated per minimum requirement #5 ( LID 25% to 50%. development to the creek, it actually seeks to partially address historic impacts which requirement) for all areas. have already been impressed upon the creek. 18.30.060. Retrofit requirement a bit vague on impact to other Added clarifying text that retrofit is a stand alone None; added for clarity only. Revised definition is consistent with City staff 12 ECDC 18.30 D.S.b.i City Staff requirements. requirement for MR #5 which does not impact other interpretation. thresholds or application of minimum requirements. Projects on Edmonds Way will comply with same drainage standard as rest of City. This 13 ECDC 18.30 18.30.060. City Staff Reduced BMP list and flow standard for Edmonds Way No exception or reduction for Edmonds Way system is known to overflow to Edmonds Marsh which means it no longer has capacity D.S.b.iv basin as direct discharge basin. for further under -mitigated development and contributes to a non -man-made drainage course; both are factors making this basin not eligible to be a direct discharge basin. Page 1 of 3 Versi packet Pg. 281 2022 ECDC 18.30 and Stormwater Addendum Summary of Changes 7.1.e # Document Section Direction Summary of Old requirement Summary of New requirement Estimated Impact (Old/new) From New section addressing rare case where projects have expansions under thresholds, but would impact and This is a rare circumstance, and designers would simply route such minor addition areas 14 ECDC 18.30 18.30.060. City Staff N/A - New section existing infiltration systems with surface overflows. Such to a separate drywell/infiltration system in most cases so while this revisions closes a D.S.b.vi cases shall expand the BMP accordingly to not have new loop hole, the actually impacts to project is anticipated to be minimal. impacts. 18.30.060. Direct discharge permitted some exceptions from Explicitly requires the application of the amended soils None; added for clarity only. Revised definition is consistent with previous City staff 14 ECDC 18.30 Ecology D.S.c.i certain BMPs, but vague. BMP even when meeting performance criteria. interpretation. 18.30.060. Full dispersion and full infiltration listed in same bullet in Full infiltration separated as its own bullet, just under None, revise for clarity only. Because all other BMPs are listed individually, full 15 ECDC 18.30 City Staff D.S.d & e list full dispersion. infiltration is often overlooked by designers. Reduces use of perforated pipe connection on SFRs and gains more detention. Perforated pipe connections are a last ditch effort to get infiltration on sites which otherwise have been determined infeasible for full infiltration; because of this staff believe they achieve very little been fit from a stormwater perspective. Often designers 18.30.060. Perforated pipe connection listed as higher priority than Detention tanks listed as higher priority than perforated want to put the perforated pipe connection in risky places to avoid detention. It has 16 ECDC 18.30 City Staff D.S.d & e detention tanks in all LID BMP Lists pipe connections in all LID BMP Lists also been leveraged against a partial exemption for detention for infeasible surfaces collection to avoid a driveway BMP all together. Because Edmonds has the unique code which adds detention tanks to the bottom of the Ecology required BMP list, the City drainage system would be better protected by requiring a detention tanks before perforate pipe connections. Hard surfaces BMP list does not include full infiltration Full infiltration added as equal to permeable pavements None, revise for clarity only. Staff have permitted full infiltration in other BMPs in -lieu 17 ECDC 18.30 18.30.060. City Staff option other than permeable pavements. Permeable and raingardens/bioretention separate as its own bullet of permeable pavements. Because all other BMPs are listed individually, D.S.d & e pavements listed as second priority, and with below full infiltration/permeable pavements. raingardens/bioretention was often overlooked. raingardens/bioretention. 18.30.060. Detention tank language included in exclusions each Detention additional exclusions moved Section 6.3 of None, revise for clarity only. Exception extra/repeated text explanation as was more 18 ECDC 18.30 City Staff D.S.d & e time detention tank was listed. the Edmonds Addendum instead. appropriate in addendum text than in these bulleted lists. "Overflows" section added to clarify City overflow expectations for BMPs meeting MR #5 only. Piped 18.30.060. overflow required unless project infiltrates full 100-year None; added for clarity only. Revised definition is consistent with City staff 19 ECDC 18.30 City Staff None; new section. D.S.f storm. Re -iterates that surface route still needs to be interpretation. controlled if permitted. Provide very rough guidance on extension length expectations. Language regarding untreated discharges to 18.30.060. Language regarding untreated discharges to 20 ECDC 18.30 Ecology groundwater included updated to match latest version None, revision for clarity and consistency only. D.6 groundwater included old references. and references. Flow control exemption text for direct discharges to Puget Sound did not include reference to additional 18.30.060. Additional requirements necessary to qualify for a direct None; added for clarity only. Revised section is consistent with previous City staff 21 ECDC 18.30 City Staff requirements necessary to demonstrate compliance D.7 discharge exemption is now referenced. interpretation. with the associated minimum requirement for the exemption. New section for elevated flow control in Perrinville Creek basin. Language is the same as King County's Better protection of Perrinville Creek; which is significantly impacted by historic upland 22 ECDC 18.30 18.30.060. City Staff Standard flow control for all areas of City Level 3 flow control standard which requires matching development. Larger developments (> 10,000 SF) will have to install larger retention D 7 the 100-year peak in addition to standard flow control systems (increased cost). standards. Page 2 of 3 Versi packet Pg. 282 2022 ECDC 18.30 and Stormwater Addendum Summary of Changes 7.1.e # Document Section Direction Summary of Old requirement Summary of New requirement Estimated Impact (Old/new) From References new Ecology section for UIC. New section Limited impact; UICs under this program are under Ecology authority for approval not provides additional guidance and generally states that City. City notifies applicant of need to file UIC notice with Ecology and continues 23 Addendum Section 2.4 Ecology UIC referenced old code section. discharges to UICs must meet the provisions of drainage review per typical application of SWMMWW provisions (namely water quality SWMMWW. treatment). No language supporting the existing internal policy of None; added for clarity only. Revised section is consistent with previous City staff 24 Addendum Section 2.6 City Staff Language added to prohibit the use of CMP pipes. prohibiting the use of CMP pipes. interpretation. Closes loop hole which could impact City system, but may limit resident options for home improvement projects. Previously, this section allowed new connections to the Update to match revisions to 18.30.060.C.3; minimum City system without mitigation for existing surfaces. Section revised to require typical requirements apply to new connection of non- mitigation for all new connections draining more than 2000 SF of hard surfaces, unless 25 Addendum Section City Staff Reflected old 18.30.060.C.3 language development projects over 2,000 SF impervious unless applicant can demonstrate that the City system will not be impacted in any way. This 3.1.2 applicant can demonstrate previous drainage was limits impacts to City system and aligns with the intent of SWMMWW better (which similar impact on City system. seeks to return flows to historic, forested, conditions), but homeowners seeking to improve their home (without development/expansion), may be impacted by this additional burden as well. Language update to include missing departures formNone; Section List of change form SWMWW missing a couple existing added for clarity only. Revised section is consistent with previous City staff 26 Addendum City Staff SWMMWW; none of the referenced code is new, the 3.1.3 differences. interpretation. items were just added to the list for clarity. Projects on Edmonds Way will comply with same drainage standard as rest of City. This Edmonds Way explicitly stated not to be consider a system is known to overflow to Edmonds Marsh which means it no longer has capacity 27 Addendum Section 4.1 City Staff Edmonds Way included as a direct discharge basin direct discharge basin due to overflow to Edmonds for further under -mitigated development and contributes to a non -man-made drainage Marsh. course; both are factors making this basin not eligible to be a direct discharge basin. None; added for clarity only. Revised section is consistent with previous City staff 28 Addendum Section 5.3 City Staff Policy to prohibit CMP not actually in code. Updated language to reflect prohibition of CMP interpretation and extremely rare. Projects on Edmonds Way will comply with same drainage standard as rest of City. This No exception or reduction for Edmonds Way; update system is known to overflow to Edmonds Marsh which means it no longer has capacity 29 Addendum Section 5.5 City Staff Reduced BMP list and flow standard for Edmonds Way. consistent with update to 18.30.060.D.5.b.iv, above. for further under -mitigated development and contributes to a non -man-made drainage course; both are factors making this basin not eligible to be a direct discharge basin. Vague requirements for sites not draining to MS4 but Revised language to make it more clear that pumping to None; added for clarity only. Revised section is consistent with previous City staff 30 Addendum Section 5.5 City Staff pumped to MS4 in post -project conditions. MS4 requires application of all provisions in ECDC 18.30 interpretation and extremely rare. BMP sizing direction tucked within each checklist or Paragraph 7 added to clarify simplified sizing per None; added for clarity only. Revised section is consistent with previous City staff 31 Addendum Section 5.5 City Staff BMP description but never referenced in MR #5 section SWMMWW is allowable but requires piped overflow. interpretation. Detention vault requirements for MR #5 included vague Additional language added to the extra City requirement None; added for clarity only. Revised section is consistent with previous City staff 32 Addendum Section 6.3 City Staff line about City allowing exception to this requirement for detention tank under MR #5 to clarify application of for certain cases. their exception. interpretation. Section Detention tank text updated to reference new standard None; added for clarity only. Revised section and detail are consistent with previous 33 Addendum 6.3.1 City Staff Detention Tank specification provide via text detail for detention tanks/ City staff direction. Page 3 of 3 Versi packet Pg. 283 7.1.f Ecology Executive Summary of the 2019 Revisions & Edmonds Response The Stormwater Management Manual for Western Washington (SWMMWW) provides guidance on the measures necessary to control the quantity and quality of stormwater. Local municipalities use this manual to set stormwater requirements for new development and redevelopment projects. Land developers and development engineers use this manual to design permanent stormwater control plans, create construction stormwater pollution prevention plans, and determine stormwater infrastructure. Businesses use this manual to help design their stormwater pollution prevention plans. The greatest use of the SWMMWW has been through National Pollutant Discharge Elimination System (NPDES) stormwater permits. The Municipal Stormwater General Permits for western Washington incorporate and reference the SWMMWW. The Industrial Stormwater General Permit, Construction Stormwater General Permit, Boatyard General Permit, and the Sand and Gravel General Permit reference the SWMMWW. Since 2005, Ecology has reissued or issued for the first time all of these NPDES stormwater permits. The 2019 revisions to the SWMMWW will continue to help permittees comply with these permits. This document is a modified version of the Executive Summary of the 2019 Revisions as provided by the Department of Ecology. Black text represent text from the original Ecology document, while red text indicates text added by City of Edmonds staff. City - added text outlines how the City documents were updated (if needed) to reflect the corresponding Ecology revision. Prepared By: Zachary Richardson, City of Edmonds Stormwater Engineer Updated: June 22, 2021 Types of Revisions Usability Enhancements The focus of the 2019 update was to enhance the usability, which will result in improved implementation of the stormwater permits that rely on this guidance. Enhancements include: • Fully embracing the online user (maintain the interactive online format) • Consolidating repetitive information • Revising text for clarity • Reordering sections for a better flow of concepts References in ECDC checked against SWMMWW crosswalk and updated as needed. Several sections updated for clarity per City staff direction as well; see separate Edmonds Summary of Change document for additional information. Packet Pg. 284 7.1.f Significant Changes Ecology also identified the following changes that must be made in order to continue to provide the best guidance available: Continuous Simulation Modeling: Text throughout the SWMMWW has been updated to require continuous simulation models that include: o The ability to directly model BMPs that may be used in LID applications, such as bioretention, permeable pavement, and green roofs. 0 15-minute time steps. o Incorporation of the van Genuchten algorithm to model bioretention. Changes to this section were entirely within referenced sections of SWMMWW; no change within ECDC is needed. 2. Replaced Hard Surfaces Redevelopment Threshold: The Minimum Requirement Thresholds for non -road related commercial or industrial redevelopment projects have been updated to require the project proponent to compare the value of the proposed improvements to the value of the Project Site (the limits of disturbance) improvements, rather than the Site (the entire parcel) improvements. The re -development provisions associated with project valuation were previously removed from ECDC 18.30; no changes within ECDC needed. 3. Equivalent Areas: The Redevelopment Project Thresholds have been updated to allow a project proponent to provide Stormwater Management BMPs for an equivalent area. The equivalent area may be on -site, or off -site if the area drains to the same receiving water and the guidance for in -basin transfers is followed. ECDC 18.30.060.C.4 added to include language from Appendix 1. The new language is consistent with past staff interpretation and is not a new impact in practice. 4. Minimum Requirement 2: The 13 Elements in 1-3.4.2 MR2: Construction Stormwater Pollution Prevention Plan (SWPPP) have been updated to incorporate changes that were made to the 2015-2020 Construction Stormwater General Permit. Changes to this section were entirely within referenced sections of SWMMWW; no change within ECDC is needed. 5. Minimum Requirement 5: 1-3.4.5 MR5: On -Site Stormwater Management has been updated to require BMP T5.13: Post -Construction Soil Quality and Depth when choosing to use the LID Performance Standard to meet Minimum Requirement 5 for Minimum Requirement 1-5 projects. Packet Pg. 285 7.1.f ECDC 18.30.060.D.5.c.i added to require BMP T5.13 when meeting performance criteria. The new language is consistent with past staff interpretation and is not a new impact in practice. 6. Minimum Requirement 7: 1-3.4.7 MR7: Flow Control has been updated to ensure that a TDA discharging to a marine waterbody meets all exemption requirements before it can be determined to be Flow Control exempt. Changes to this section were already incorporated into City code in ECDC 18.30.060.D.5.b.iv; no change within ECDC is needed. 7. Concrete Washout BMPs: BMP C151: Concrete Handling and BMP C154: Concrete Washout Area have been updated to clarify that auxiliary concrete truck components and small concrete handling equipment may be washed into formed areas awaiting concrete pour, while concrete truck drums must be washed either off -site or into a concrete washout area. Changes to this section were entirely within referenced sections of SWMMWW; no change within ECDC is needed. 8. Source Control BMPs: Volume IV (Source Control BMP Library) has been updated with Source Control BMPs for activities not listed in previous versions of the manual. The new activities with Source Control BMPs are: o S434 BMPs for Dock Washing o S441 BMPs for Potable Water Line Flushina, Water Tank Maintenance, and Hydrant Testing o S435 BMPs for Pesticides and an Integrated Pest Management Program o S444 BMPs for the Storage of Dry Pesticides and Fertilizers o S449 BMPs for Nurseries and Greenhouses o S450 BMPs for Irrigation o S445 BMPs for Temporary Fruit Storage o S439 BMPs for In -Water and Over -Water Fueling o S436 BMPs for Color Events o S438 BMPs for Construction Demolition o S440 BMPs for Pet Waste o S442 BMPs for Labeling Storm Drain Inlets On Your Property o S443 BMPs for Fertilizer Application o S446 BMPs for Well, Utility, Directional and Geotechnical Drillini o S447 BMPs for Roof Vents o S451 BMPs for Buildina. Repair. Remodelina. Paintina, and Cnnstructinn o S452 BMPs for Goose Waste Changes to this section were entirely within referenced sections of SWMMWW; no change within ECDC is needed except to update references as needed. Packet Pg. 286 7.1.f 9. Wetlands Guidance: Appendix I-C: Wetland Protection Guidelines and I- 3.4.8 MR8: Wetlands Protection have been updated to require monitoring and modeling of high value wetlands, if the project proponent has legal access to them. The 2014 wetland guidance is retained, but refined, for modeling requirements for lower value wetlands (and high value wetlands that the project proponent does not have legal access to). Changes to this section were entirely within referenced sections of SWMMWW; no change within ECDC is needed. Other Updates Other updates include: Incorporation of UIC Program guidance. See 1-4 UIC Program. Edmonds Addendum Section 2.4 updated with revised reference to new UIC section. Expanded guidance for regional facilities. See Appendix I-D: Regional Facilities Changes to this section were entirely within referenced sections of SWMMWW; no change within ECDC is needed. Guidance for stormwater control transfer programs. See Appendix I-E: Stormwater Control Transfer Program. Changes to this section were entirely within referenced sections of SWMMWW; no change within ECDC is needed. Packet Pg. 287 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Crosswalk: 2014 - 2019 SWMMWW Ecology has provided the crosswalk below to help you identify where content has been moved and/or renamed -2 between the 2014 and 2019 manuals. Note that during the 2019 update some sections were merged together cu a and/or edited for clarity. Therefore, you may not find the exact language from the 2014 manual in the linked 0 sections of the 2019 manual indicated below. The links below will lead you to where the updated content is co contained in the 2019 manual, providing updated guidance on the topic from the 2014 manual. v Crosswalk: 2014 - 2019 SWMMWW Location of Content within the 2014 SWMMWW Location of Content within the 2019 SWMMWW Executive Summary Executive Summary of the 2019 Revisions Volume I Content Volume I Acknowledgments Acknowledgments 1-1 - Introduction (no content in this section) 1-1.1 - Objective 1-1.1 About This Manual 1-1.2 - Applicability to Western Washington 1-1.2 Applicability to Western Washington 1-1.3 - Organization of this Manual 1-1.1 About This Manual 1-1.4 - How to Use this Manual 1-1.1 About This Manual 1-1.5 - Development of Best Management Practices 1-1.5 Types of Best Management Practices for Stormwater Management .(BMPs) for Stormwater Management 1-1.6 - Relationship of this Manual to Federal, State, 1-2 Relationship of This Manual to Permits, and Local Regulatory Requirements Requirements, and Programs 1-1.7 - Effects of Urbanization 1-1.3 Effects of Urbanization 1-2 - Minimum Requirements for New Development 1-3.1 Introduction to the Minimum and Redevelopment Requirements 1-2.1 - Relationship to Municipal Stormwater 1-2.4 Phase I and Western Washington Phase Permits II Municipal Stormwater Permits 1-2.2 - Exemptions 1-3.2 Exemptions 1-2.3 - Definitions Related to Minimum Requirements Glossary_ I https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTo,P Packet Pg. 288 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW 1-2.4 - Applicability of the Minimum Requirements 1-3.3 Applicability of the Minimum Requirements 1-2.5 - Minimum Requirements 1-3.1 Introduction to the Minimum Requirements I-2.5.1 -Minimum Requirement #1: Preparation 1-3.4.1 MR1: Preparation of Stormwater Site M of Stormwater Site Plans Plans 00 U 1-2.5.2 - Minimum Requirement #2: Construction 1-3.4.2 MR2: Construction Stormwater w Stormwater Pollution Prevention (SWPP) Pollution Prevention Plan (SWPPP). 0 1-2.5.3 - Minimum Requirement #3: Source Control of Pollution 1-3.4.3 MR3: Source Control of Pollution E a� a� I-2.5.4 -Minimum Requirement #4: Preservation 1-3.4.4 MR4: Preservation of Natural Drainage CU of Natural Drainage Systems and Outfalls Systems and Outfalls r 1-2.5.5 - Minimum Requirement #5: On -site 1-3.4.5 MR5: On -Site Stormwater E Stormwater Management Management �° 4- 1-2.5.6 - Minimum Requirement #6: Runoff r_ Treatment 1-3.4.6 MR6: Runoff Treatment ° w c 1-2.5.7 - Minimum Requirement #7: Flow Control 1-3.4.7 MR7: Flow Control L a 1-2.5.8 - Minimum Requirement #8: Wetlands Protection 1-3.4.8 MR8: Wetlands Protection 1-2.5.9 - Minimum Requirement #9: Operation and Maintenance 1-3.4.9 MR9: Operation and Maintenance o N 1-2.6 - Optional Guidance 1-3.5 Additional Protective Measures o .(Optional) N i I-2.7 -Adjustments 1-3.6.1 Adjustments to the MRs 3 I-2.8 -Exceptions/Variances 1-3.6.2 Exceptions/Variances to the MRs i 1-3 - Preparation of Stormwater Site Plans III-3.1 Introduction to Stormwater Site Plans aD 1-3.1 - Stormwater Site Plans: Step -by -Step III-3.2 Preparing a Stormwater Site Plan r 111-3.3 Changes to a Previously Approved r Q w Stormwater Site Plan 1-3.2 - Plans Required After Stormwater Site Plan E Approval and a III-3.4 Final Corrected Plan Submittal I https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTo,P Packet Pg. 289 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW 1-4 - BMP and Facility Selection Process for Permanent (no content in this section) Stormwater Control Plans a� r 1-4.1 - Purpose 1-2.2 AKART 0 1-4.2 - BMP and Facility Selection Process III-1 Choosing Your BMPs M 00 U Volume I References References w aD Appendix I -A: Guidance for Altering the Minimum o Requirements through Basin Planning Appendix I-B: Basin Plans U c m Appendix I-B: Rainfall Amounts and Statistics Appendix III-C: Rainfall Amounts and Statistics Appendix I-C: Basic Treatment Receiving Waters Appendix III -A: Basic Treatment Receiving Waters r Appendix I-D: Guidelines for Wetlands when Managing Stormwater Appendix I-C: Wetland Protection Guidelines E 0 Appendix I-E: Flow Control -Exempt Surface Waters Appendix IA Flow Control Exempt Receiving o Waters o Appendix I-F: Basins with 40% or more Total I-3.4.7 MR7: Flow Control M Impervious Area as of 1985 y Appendix I-G: Glossary and Notations Glossary_ a Volume II Content Volume II Acknowledgments Acknowledgments r 0 N Acronyms Glossary_ 0 II-1 - Introduction to Construction Stormwater Pollution `"i Prevention (no content in this section) 3 II-1.1 - Purpose of this Volume Executive Summary of Volume II U� c9 11-1.2 - Content, Organization, and Use of this Volume I-1.1 About This Manual E t II-1.3 -Thirteen Elements of Construction I-3.4.2 MR2: Construction Stormwater Q Stormwater Pollution Prevention Pollution Prevention Plan (SWPPP). E II-1.4 -Erosion and Sedimentation Impacts 11-1.3 Soil Erosion and Sedimentation Impacts https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTo,P Packet Pg. 290 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 SWMMWW II-1.1 Soil Erosion II-1.5 - Erosion and Sedimentation Processes and a II-1.2 Sedimentation 0 M II-1.6 - Factors Influencing Erosion Potential II-1.1 Soil Erosion 00 T" 0 II-2 - Regulatory Requirements 1-2 Relationship of This Manual to Permits, w Requirements, and Programs 11-2.1 - The Construction Stormwater General L) Permit 1-2.7 Construction Stormwater General Permit E a� II-2.2 -Construction Stormwater Pollution II-2.2 When is a Construction SWPPP Prevention Plans Required? L d II-2.3 -Water Quality Standards 1-2.10 Water Quality Standards E 11-2.4 - Endangered Species Act 1-2.8 Endangered Species Act ° U) 4- 0 II-2.5 - Other Applicable Regulations and Permits I-2.15 Other Requirements c .W II-3 - Planning II-2 Construction Stormwater Pollution Prevention Plans (Construction SWPPPs) L 11-3.1 - General Guidelines II-2 Construction Stormwater Pollution a Prevention Plans (Construction SWPPPs) 11-3.2 - Construction SWPPP Requirements II-2.4 Preparing Construction SWPPPs � 11-3.3 - Step -by -Step Procedure II-2.4 Preparing Construction SWPPPs 0 II-4 -Best Management Practices Standards and II-3.1 A Summary of Construction Stormwater cm .� Specifications BMPs o N I 11-4.1 - Source Control BMPs II-3.1 A Summary of Construction Stormwater BMPs 0 N BMP C101: Preserving Natural Vegetation BMP C101: Preserving Natural Vegetation ° U I BMP C102: Buffer Zones BMP C102: Buffer Zones CD BMP C103: High Visibility Fence BMP C103: High -Visibility Fence BMP C105: Stabilized Construction a Entrance/Exit BMP C105: Stabilized Construction Access E BMP C106: Wheel Wash BMP C106: Wheel Wash a https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTOCP Packet Pg. 291 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW BMP C107: Construction Road/Parking Area BMP C107: Construction Road / Parking Area Stabilization Stabilization r BMP C120: Temporary and Permanent Seeding BMP C120: Temporary and Permanent Seeding o BMP C121: Mulching BMP C121: Mulching00 M U BMP C122: Nets and Blankets BMP C122: Nets and Blankets w a BMP C123: Plastic Covering BMP C123: Plastic Covering o U BMP C124: Sodding BMP C124: Sodding E a� BMP C125: Topsoiing/Composting BMP C125: Topsoiling / Composting a� CU BMP C126: Polyacrylamide (PAM) for Soil BMP C126: Polyacrylamide (PAM) for Soil Erosion Protection Erosion Protection E L BMP C130: Surface Roughening BMP C130: Surface Roughening 0 y 0 BMP C131: Gradient Terraces BMP C131: Gradient Terraces .2 w BMP C140: Dust Control BMP C140: Dust Control L BMP C150: Materials on Hand BMP C150: Materials on Hand a BMP C151: Concrete Handling BMP C151: Concrete Handling BMP C152: Sawcutting and Surfacing Pollution BMP C152: Sawcutting and Surfacing Prevention] Pollution Prevention N BMP C153: Material Delivery, Storage and BMP C153: Material Delivery, Storage, and o N Containment Containment 3 BMP C154: Concrete Washout Area BMP C154: Concrete Washout Area N 0 L BMP C160: Certified Erosion and Sediment BMP C160: Certified Erosion and Sediment U 0 Control Lead Control Lead E BMP C162: Scheduling BMP C162: Scheduling r r Q II-4.2 - Runoff Conveyance and Treatment BMPs II-3.1 A Summary of Construction Stormwater BMPs BMP C200: Interceptor Dike and Swale BMP C200: Interceptor Dike and Swale a BMP C201: Grass -Lined Channels BMP C201: Grass -Lined Channels https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTOIP Packet Pg. 292 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW BMP C202: Channel Lining BMP C202: Rip La Channel Lining aD BMP C203: Water Bars BMP C203: Water Bars a a BMP C204: Pipe Slope Drains BMP C204: Pipe Slope Drains M 00 BMP C205: Subsurface Drains BMP C205: Subsurface Drains U 0 U BMP C206: Level Spreader BMP C206: Level Spreader w BMP C207: Check Dams BMP C207: Check Dams 0 a� BMP C208: Triangular Silt Dike (TSD) E m (Geotextile-Encased Check Dam) BMP C208: Triangular Silt Dike (TSD), c CU BMP C209: Outlet Protection BMP C209: Outlet Protection r CU 3 BMP C220: Storm Drain Inlet Protection BMP C220: Inlet Protection E 0 BMP C231: Brush Barrier BMP C231: Brush Barrier o r- 0 BMP C232: Gravel Filter Berm BMP C232: Gravel Filter Berm BMP C233: Silt Fence BMP C233: Silt Fence L a BMP C234: Vegetated Strip BMP C234: Vegetated Strip BMP C235: Wattles BMP C235: Wattles BMP C236: Vegetative Filtration BMP C236: Vegetative Filtration N BMP C240: Sediment Trap BMP C240: Sediment Trap N BMP C241: Temporary Sediment Pond BMP C241: Sediment Pond (Temporary_) i BMP C250: Construction Stormwater Chemical BMP C250: Construction Stormwater o L Treatment Chemical Treatment BMP C251: Construction Stormwater Filtration BMP C251: Construction Stormwater E Filtration BMP C252: High pH Neutralization Using CO2 BMP C252: Treating and Disposing of High r pH Water a BMP C253: pH Control for High pH Water BMP C252: Treating and Disposing of High pH Water E Volume II Resource Materials References a https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTOIP Packet Pg. 293 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW Appendix II -A: Recommended Standard Notes for Appendix 11-A: Recommended Standard Erosion Control Plans Notes for Construction SWPPP Drawings r Appendix II-B: Background Information on Chemical BMP C250: Construction Stormwater Chemical Treatment Treatment M co U Volume III Content w aD Volume III Acknowledgments Acknowledgments III-1 -Introduction (no content in this section) c E a� III-1.1 -Purpose of this Volume I-1.5 Types of Best Management Practices .(BMPs) for Stormwater Management CU III-1.2 - Content and Organization of this Volume 1-1.1 About This Manual 3 III-1.3 - How to Use this Volume I-1.1 About This Manual o III-2 - Hydrologic Analysis III-2.1 An Overview of Hydrologic Analysis 00 0 III-2.1 -Minimum Computational Standards III-2.1 An Overview of Hydrologic Analysis a� III-2.2 - Western Washington Hydrology Model III-2.2 Continuous Simulation Models y a III-2.3 - Single Event Hydrograph Method 111-2.3 Single Event Hydrograph Method III-2.4 - Closed Depression Analysis III-2.5 Closed Depression Analysis III-3 -Flow Control Design various individual BMPs within Volume V N III-3.1 - Roof Downspout Controls p V-4.1 Introduction to Roof Downspout BMPs N i III-3.1.1 - Downspout Full Infiltration Systems (BMP T5.10A) BMP T5.10A: Downspout Full Infiltration N 0 L III-3.1.2 - Downspout Dispersion Systems (BMP Ui T5.10B) BMP T5.1013: Downspout Dispersion Systems aD E III-3.1.3 -Perforated Stub Out Connections BMP T5.10C: Perforated Stub -out (BMP T5.10C) Connections a w III-3.2 -Detention Facilities V-12.1 Introduction to Detention BMPs c E III-3.2.1 -Detention Ponds BMP DA : Detention Ponds a III-3.2.2 - Detention Tanks BMP D.2: Detention Tanks https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTocP Packet Pg. 294 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW III-3.2.3 - Detention Vaults BMP D.3: Detention Vaults aD III-3.2.4 -Control Structures V-12.2 Control Structure Design -a a III-3.2.5 - Other Detention Options V-12.3 Other Detention Design Options M co III-3.3 - Infiltration Facilities for Flow Control and for v Treatment (no content in this section) w aD III-3.3.1 -Purpose V-5.1 Introduction to Infiltration BMPs 0 U III-3.3.2 -Description V-5.1 Introduction to Infiltration BMPs E a� a� III-3.3.3 -Applications V-5.1 Introduction to Infiltration BMPs = III-3.3.4 - Steps for the Design of Infiltration, Facilities - Simplified Approach V-5.2 Infiltration BMP Design Steps E L III-3.3.5 - Site Characterization Criteria V-5.5 Site Characterization Criteria for ° Infiltration o III-3.3.6 - Design Saturated Hydraulic V-5.4 Determining the Design Infiltration Rate o w Conductivity - Guidelines and Criteria of the Native Soils c a� y III-3.3.7 - Site Suitability Criteria (SSC) V-5.6 Site Suitability Criteria (SSC) a V-5.2 Infiltration BMP Design Steps III-3.3.8 - Steps for Designing Infiltration and Facilities - Detailed Approach V-5.4 Determining the Design Infiltration Rate of o N the Native Soils 0 III-3.3.9 -General Design, Maintenance, and V-5.3 General Design Criteria for Infiltration Construction Criteria for Infiltration Facilities BMPs f° 3 III-3.3.10 -Infiltration Basins BMP T7.10: Infiltration Basins v i c9 III-3.3.11 -Infiltration Trenches BMP T7.20: Infiltration Trenches aD E III-3.4 - Stormwater-related Site Procedures and BMP T7.30: Bioretention and Q Design Guidance for Bioretention and Permeable Pavement BMP T5.15: Permeable Pavements a E Volume III References References a Volume III Resource Materials References I https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTo,P Packet Pg. 295 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW Appendix III -A: Isopluvial Maps for Design Storms Appendix III-B: Isopluvial Maps for Design Storms a� Appendix III-B: Western Washington Hydrology Model - Information, Assumptions, and Computation Steps III-2.2 Continuous Simulation Models 0 Appendix III-C: Washington State Department of Ecology M co Low Impact Development Flow Modeling Guidance various individual BMPs within Volume V Q U W_ Volume IV Content o U Volume IV Acknowledgments Acknowledgments c E m a, IV-1 -Introduction (no content in this section) R IV-1.1 - Purpose of this Volume 111-1.1 Choosing Your Source Control BMPs 3 IV-1.2 - Content and Organization of this Volume I-1.1 About This Manual o IV-1.3 -How to Use this Volume III-1.1 Choosing Your Source Control BMPs r_ 0 IV-1.4 -Operational and Structural Source Control 1-1.5 Types of Best Management Practices c BMPs for Stormwater Management .(BMPs) L a IV-1.5 - Treatment BMPs for Specific Pollutant � Sources Executive Summary of Volume IV IV-1.6 - Distinction between Applicable BMPs and Recommended BMPs III-1.1 Choosing Your Source Control BMPs a) r O N IV-1.7 -Regulatory Requirements Affecting 1-2 Relationship of This Manual to Permits, o Stormwater Pollutant Control Requirements, and Programs N I IV-2 - Selection of Operational and Structural Source Control BMPs III-1.1 Choosing Your Source Control BMPs 0 o U IV-2.1 - Applicable (Mandatory) Operational Source IV-1 Source Control BMPs Applicable to All I Control BMPs Sites E t IV-2.2 -Pollutant Source -Specific BMPs III-1.1 Choosing Your Source Control BMPs a S401 BMPs for the Building, Repair, and S401 BMPs for the Building Rep air, and w Maintenance of Boats and Ships Maintenance of Boats and Ships E S402 BMPs for Commercial Animal Handling S402 BMPs for Commercial Animal Handling a Areas Areas I https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTocP Packet Pg. 296 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW S403 BMPs for Commercial Composting S403 BMPs for Commercial Composting S404 BMPs for Commercial Printing Operations S404 BMPs for Commercial Printing Operations S405 BMPs for Deicing and Anti -Icing S405 BMPs for Deicing and Anti -Icing M Operations - Airports and Streets Operations for Airports co U S406 BMPs for Streets/Highways S406 BMPs for Streets and Highways w aD S407 BMPs for Dust Control at Disturbed Land S407 BMPs for Dust Control at Disturbed 'a ° Land Areas and Unpaved Roadways and Areas and Unpaved Roadways and Parking Lots Parking Lots E a� a� S408 BMPs for Dust Control at Manufacturing S408 BMPs for Dust Control at Manufacturing Areas Areas a� r S409 BMPs for Fueling at Dedicated Stations S409 BMPs for Fueling At Dedicated Stations E 0 S410 BMPs for Illicit Connections to Storm S410 BMPs for Correcting Illicit Discharges to y 0 Drains Storm Drains r_ 0 w S411 BMPs for Landscaping and S411 BMPs for Landscaping and Lawn / y Lawn/Vegetation Management Vegetation Management L a S412 BMPs for Loading and Unloading Areas S412 BMPs for Loading and Unloading Areas for Liquid or Solid Material for Liquid or Solid Material S413 BMPs for Log Sorting and Handling S413 BMPs for Log Sorting and Handling r O S414 BMPs for Maintenance and Repair of S414 BMPs for Maintenance and Repair of � Vehicles and Equipment Vehicles and Equipment o N I S415 BMPs for Maintenance of Public and S415 BMPs for Maintenance of Public and f° Private Utility Corridors and Facilities Private Utility Corridors and Facilities N 0 L S416 BMPs for Maintenance of Roadside S416 BMPs for Maintenance of Roadside cal Ditches c Ditches a� E S417 BMPs for Maintenance of Stormwater S417 BMPs for Maintenance of Stormwater Drainage and Treatment Systems Drainage and Treatment Systems a w S418 BMPs for Manufacturing Activities - S418 BMPs for Manufacturing Activities - c E Outside Outside a S419 BMPs for Mobile Fueling of Vehicles and S419 BMPs for Mobile Fueling of Vehicles Heavy Equipment and Heavy Equipment ittps://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTo,P Packet Pg. 297 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW S420 BMPs for Painting/Finishing/Coating of S420 BMPs for Painting/Finishing/Coating of Vehicles/Boats/Buildings/Equipment Vehicles/Boats/Buildings/Equipment r S421 BMPs for Parking and Storage of Vehicles S421 BMPs for Parking and Storage of and Equipment Vehicles and Equipment M C6 S422 BMPs for Railroad Yards S422 BMPs for Railroad Yards o U W S423 BMPs for Recyclers and Scrap Yards S423 BMPs for Recyclers and Scrap Yards 0 S424 BMPs for Roof/Building Drains at S424 BMPs for Roof / Building Drains at Manufacturing and Commercial Buildings Manufacturing and Commercial Buildings E a� S425 BMPs for Soil Erosion and Sediment S425 BMPs for Soil Erosion and Sediment CU Control at Industrial Sites Control at Industrial Sites a� r S426 BMPs for Spills of Oil and Hazardous S426 BMPs for Spills of Oil and Hazardous E Substances Substances ° 4- S427 BMPs for Storage of Liquid, Food Waste, S427 BMPs for Storage of Liquid, Food r- 0 or Dangerous Waste Containers Waste, or Dangerous Waste Containers a c S428 BMPs for Storage of Liquids in Permanent S428 BMPs for Storage of Liquids in L Aboveground Tanks g Permanent Aboveground Tanks a S429 BMPs for Storage or Transfer (Outside) of S429 BMPs for Storage or Transfer (Outside). Solid Raw Materials, Byproducts, or Finished of Solid Raw Materials, Byproducts, or Products Finished Products r O N S430 BMPs for Urban Streets S430 BMPs for Urban Streets 0 S431 BMPs for Washing and Steam Cleaning S431 BMPs for Washing and Steam Cleaning c'ql Vehicles/Equipment/Building Structures Vehicles / Equipment / Building Structures S432 BMPs for Wood Treatment Areas S432 BMPs for Wood Treatment Areas i S433 BMPs for Pools, Spas, Hot Tubs, and S433 BMPs for Pools, Spas, Hot Tubs, and c9 Fountains Fountains E t Volume IV References References Q w Appendix IV -A: Urban Land Uses and Pollutant Appendix IV -A: Urban Land Uses and c E Generating Sources Pollutant Generating Sources a Appendix IV-B: Stormwater Pollutants and Their Adverse 1-1.4 Stormwater Pollutants and Their Impact Adverse Impact ittps://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTo,P Packet Pg. 298 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW Appendix IV-C: Recycling/Disposal of Vehicle Outdated / deleted. References to this Fluids/Other Wastes appendix are now referred to Ecology's hazardous waste site. Appendix IV-D: Regulatory Requirements That Impact I-2 Relationship of This Manual to Permits, Stormwater Programs Requirements, and Programs M co Appendix IV-E: NPDES Stormwater Discharge Permits 1-2 Relationship of This Manual to Permits, o Requirements, and Programs Appendix IV-F: Example of an Integrated Pest S435 BMPs for Pesticides and an Integrated w Management Program Pest Management Program Appendix IV-G: Recommendations for Management of Appendix IV-B: Management of Street Waste E Street Wastes Solids and Liquids c CU Volume IV Resource Materials - Management of Street L Wastes References r 3 E L 0 Volume V Content y 0 c Volume V Acknowledgments Acknowledgments a c V-1 -Introduction (no content in this section) a� L a V-1.1 - Purpose of this Volume Executive Summary of Volume V V-1.2 - Content and Organization of this Volume Executive Summary of Volume V V-1.3 -How to Use this Volume Executive Summary of Volume V o N V-1.4 - Runoff Treatment Facilities various BMP group introductions within Volume V N V-2 - Treatment Facility Selection Process 111-1.2 Choosing Your Runoff Treatment BMPs 3 V-2.1 - Step -by -Step Selection Process for o Treatment Facilities 111-1.2 Choosing Your Runoff Treatment BMPs 0 i c� V-2.2 -Other Treatment Facility Selection Factors III-1.2 Choosing Your Runoff Treatment BMPs E V-3 -Treatment Facility Menus 111-1.2 Choosing Your Runoff Treatment BMPs r a V-3.1 -Guide to Applying Menus 111-1.2 Choosing Your Runoff Treatment BMPs E V-3.2 -Oil Control Menu III-1.2 Choosing Your Runoff Treatment BMPs 2 a V-3.3 - Phosphorus Treatment Menu III-1.2 Choosing Your Runoff Treatment BMPs https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTo,P Packet Pg. 299 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW V-3.4 - Enhanced Treatment Menu III-1.2 Choosing Your Runoff Treatment BMPs aD V-3.5 -Basic Treatment Menu III-1.2 Choosing Your Runoff Treatment BMPs -a a V-4 - General Requirements for Stormwater Facilities V-1 General BMP Design M co V-4.1 - Design Volume and Flow III-2.6 Sizing Your Runoff Treatment BMPs v 0 U V-4.2 - Sequence of Facilities V-1.1 Sequence of Runoff Treatment and w Detention BMPs 'a V-4.3 -Setbacks, Slopes, and Embankments V-1.2 Setbacks, Slopes, and Embankments 0 W V-4.4 - Facility Liners V-1.3 Liners and Geotextiles E V-4.5 -Hydraulic Structures V-1.4 Hydraulic Structures c L d V-4.6 - Maintenance Standards for Drainage Facilities Appendix VA BMP Maintenance Tables E 0 V-5 - On -Site Stormwater Management (no content in this section) c 0 V-5.1 -Purpose I-1.5 Types of Best Management Practices w .(BMPs) for Stormwater Management V-5.2 -Application BMP T5.30: Full Dispersion a V-5.3 - Best Management Practices for On -Site Stormwater Management various individual BMPs within Volume V V-5.3.1 - On -Site Stormwater Management 1-3.4.5 MR5: On -Site Stormwater BMPs Management r N BMP T5.10A: Downspout Full Infiltration BMP T5.10A: Downspout Full Infiltration N i BMP T5.10B: Downspout Dispersion Systems BMP T5.1013: Downspout Dispersion Systems N 0 L BMP T5.10C: Perforated Stub -out BMP T5.10C: Perforated Stub -out U Connections Connections a E BMP T5.11: Concentrated Flow Dispersion BMP T5.11: Concentrated Flow Dispersion r Q BMP T5.12: Sheet Flow Dispersion BMP T5.12: Sheet Flow Dispersion E BMP T5.13: Post -Construction Soil Quality BMP T5.13: Post -Construction Soil Quality_ and Depth and Depth a BMP T5.14A: Rain Gardens BMP T5.14: Rain Gardens I https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/20l9SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTocP Packet Pg. 300 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW BMP T5.14B: Bioretention BMP T7.30: Bioretention aD BMP T5.15: Permeable Pavements BMP T5.15: Permeable Pavements a a BMP T5.16: Tree Retention and Tree o Planting BMP T5.16: Tree Retention and Tree PlantingCO U BMP T5.17: Vegetated Roofs BMP T5.17: Vegetated Roofs w aD BMP T5.18: Reverse Slope Sidewalks BMP T5.18: Reverse Slope Sidewalks 0 U BMP T5.19: Minimal Excavation Foundations BMP T5.19: Minimal Excavation Foundations m BMP T5.20: Rainwater Harvesting BMP T5.20: Rainwater Harvesting a, CU BMP T5.30: Full Dispersion BMP T5.30: Full Dispersion 3 V-5.3.2 -Site Design BMPs V-2.1 Introduction to Site Design BMPs L 0 v/ BMP T5.40: Preserving Native Vegetation BMP T5.40: Preserving Native Vegetation o c 0 BMP T5.41: Better Site Design BMP T5.41: Better Site Design V-6 -Pretreatment (no content in this section) L a V-6.1 -Purpose V-9.1 Introduction to Pretreatment BMPs V-6.2 - Application V-9.1 Introduction to Pretreatment BMPs V-6.3 - Best Management Practices (BMPs) for c Pretreatment V-9.1 Introduction to Pretreatment BMPs N 0 BMP T6.10: Presettling Basin BMP T6.10: Presettling Basin V-7 - Infiltration and Bioretention Treatment Facilities (no content in this section) N 0 L V-7.1 - Purpose V-5.1 Introduction to Infiltration BMPs Ui � V-7.2 -General Considerations V-5.1 Introduction to Infiltration BMPs E t V-7.3 -Applications V-5.1 Introduction to Infiltration BMPs r a V-7.4 - Best Management Practices (BMPs) for w Infiltration and Bioretention Treatment V-5.1 Introduction to Infiltration BMPs E BMP T7.10: Infiltration Basins BMP T7.10: Infiltration Basins a https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTo,P Packet Pg. 301 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW BMP T7.20: Infiltration Trenches BMP T7.20: Infiltration Trenches aD BMP T7.30: Bioretention Cells, Swales, and Planter Boxes BMP T7.30: Bioretention 0 M BMP T7.40: Compost -Amended Vegetated Filter BMP T7.40: Compost -Amended Vegetated 00 Strips (CAVFS) Filter Strips (CAVES) o U V-8 -Filtration Treatment Facilities V-6.1 Introduction to Filtration BMPs W_ aD 0 V-8.1 -Purpose V-6.1 Introduction to Filtration BMPs a� E V-8.2 -Description V-6.1 Introduction to Filtration BMPs V-8.3 -Performance Objectives V-6.1 Introduction to Filtration BMPs CU d V-8.4 - Applications and Limitations V-6.1 Introduction to Filtration BMPs CU E L V-8.5 - Best Management Practices (BMPs) for C y Sand Filtration (no content in this section) o c 0 BMP T8.10: Basic Sand Filter Basin BMP T8.10: Basic Sand Filter Basin w c a� y BMP T8.11: Large Sand Filter Basin BMP T8.11: Large Sand Filter Basin a BMP T8.20: Sand Filter Vault BMP T8.20: Sand Filter Vault BMP T8.30: Linear Sand Filter BMP T8.30: Linear Sand Filter BMP T8.40: Media Filter Drain (previously referred N to as the Ecology Embankment) BMP T8.40: Media Filter Drain 0 N V-9 - Biofiltration Treatment Facilities V-7.1 Introduction to Biofiltration BMPs Y� 3 V-9.1 -Purpose V-7.1 Introduction to Biofiltration BMPs N 0 L U V-9.2 - Applications V-7.1 Introduction to Biofiltration BMPs V-9.3 -Site Suitability V-7.1 Introduction to Biofiltration BMPs E t V-9.4 -Best Management Practices V-7.1 Introduction to Biofiltration BMPs a w BMP T9.10: Basic Biofiltration Swale BMP T9.10: Basic Biofiltration Swale E BMP T9.20: Wet Biofiltration Swale BMP T9.20: Wet Biofiltration Swale a BMP T9.30: Continuous Inflow Biofiltration Swale BMP T9.30: Continuous Inflow Biofiltration Swale https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTOIP Packet Pg. 302 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW BMP T9.40: Basic Filter Strip BMP T9.40: Vegetated Filter Strip aD V-10 -Wetpool Facilities V-8.1 Introduction to Wetpool BMPs a a V-10.1 - Purpose V-8.1 Introduction to Wetpool BMPs M co V-10.2 - Application V-8.1 Introduction to Wetpool BMPs U 0 U V-10.3 - Best Management Practices (BMPs) for w Wetpool Facilities V-8.1 Introduction to Wetpool BMPs o U BMP T10.10: Wetponds - Basic and Large BMP T10.10: Wetponds - Basic and Large a� BMP T10.20: Wetvaults BMP T10.20: Wetvaults = CU a BMP T10.30: Stormwater Treatment Wetlands BMP T10.30: Stormwater Treatment Wetlands 3 BMP T10.40: Combined Detention and Wetpool BMP T10.40: Combined Detention and c Facilities Wetpool Facilities y 4- 0 V-11 -Oil and Water Separators V-13.1 Introduction to Oil and Water 0 Separator BMPs a V-11.1 - Purpose of Oil and Water Separators V-13.1 Introduction to Oil and Water y Separator BMPs L V-11.2 - Description V-13.1 Introduction to Oil and Water a Separator BMPs V-11.3 - Performance Objectives V-13.1 Introduction to Oil and Water Separator BMPs V-11.4 - Applications/Limitations V-13.1 Introduction to Oil and Water Separator BMPs o V-11.5 - Site Suitability V-13.1 Introduction to Oil and Water N Separator BMPs o V-11.6 - Design Criteria - General Considerations V-13.1 Introduction to Oil and Water Ni Separator BMPs V-11.7 - Oil and Water Separator BMPs V-13.1 Introduction to Oil and Water N Separator BMPs o BMP T11.10: API (Baffle type) Separator Bay BMP T11.10: API (Baffle type) Separator Ui � BMP T11.11: Coalescing Plate (CP) Separator Bay BMP T11.11: Coalescing Plate (CP) Separator E V-12 - Emerging Technologies (no content in this section) r Q V-12.1 - Background V-10.1 Introduction to Manufactured C Treatment Devices as BMPs E V-12.2 -Ecology Role in Evaluating Emerging V-10.3 Approval Process for Manufactured a Technologies Treatment Devices https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTOIP Packet Pg. 303 5/11/2021 Crosswalk: 2014 - 2019 SWMMWW Dept. of 7.1.g Location of Content within the 2014 SWMMWW Location of Content within the 20 19 SWMMWW V-12.3 - Evaluation of Emerging Technologies V-10.3 Approval Process for Manufactured Treatment Devices a� V-12.4 - Assessing Levels of Development of V-10.2 Use Level Designations of a Emerging Technologies Manufactured Treatment Devices 0 V-12.5 -Emerging Technologies for Stormwater V-10.3 Approval Process for Manufacturedco M Treatment and Control Options Treatment Devices o U W Volume V References References v aD 0 Appendix V-A: Basic Treatment Receiving Waters Appendix 111-A: Basic Treatment Receiving Waters (D E Appendix V-B: Recommended Modifications to ASTM D 2434 When Measuring Hydraulic Conductivity for BMP T7.30: Bioretention a Bioretention Soil Mixes L d Appendix V-C: Geotextile Specifications V-1.3.4 Geotextile Specifications E 0 Appendix V-D: Turbulence and Short -Circuiting Factor BMP T11.10: API (Baffle type) Separator o c Appendix V-E: Recommended Newly Planted Tree ° w Species for Flow Control Credit BMP T5.16: Tree Retention and Tree Planting y L a Washington State Department of Ecology 2019 Stormwater Management Manual for Western Washington (2019 SWMMWW) Publication No.19-10-021 https://fortress.wa.gov/ecy/ershare/wq/Permits/Flare/2019SWMMWW/2019SWMMWW.htm#Topics/Crosswalk2014-2019.htm%3FTocP Packet Pg. 304 7.1.h 2022 Stormwater Management Code (ECDC 18,30) Update Presented by Zachary Richardson, Stormwater Engineer ati FA jj 0 a) ' � t•' w 44 f O r r 15 r 7 i IL 0 M 00 T- U 0 U W C cd G L V R r.+ E 0 Q Packet Pg. 305 Why are we updating the code now? L d 3 E L 0 V/ NPDES Permit with State requires codes to protect o surfaces water from development which meets or exceeds standards prescribed by Ecology. y aL New permit requires that the City update to z newest Ecology standard by July 2022. Staff aiming for effective date of January 1, 2022, for clarity in applicability timelines. Ecology's newest manual (2019 SWMMWW) has minimal substantive changes since previous versio (2014); most revisions are organizational changes. • See Ecology documents Executive Summary of the 2019 Revisions and Crosswalk: 2014-2019 SWMMWW for additional information of Ecology driven changes. Packet Pg. 306 How is ECDC related to Ecology Manual? L d 3 E L 0 V/ • 0 Ecology issues their manual (2019 SWMMWW) 0 • City makes minor local modifications via the ; 1 L Edmonds Stormwater Addendum (Addendum) J • City updates ECDC 18.30 to adopt the new manual as modified in the Addendum • Some provisions are required by Ecology • Some items are optional add-ons for City o: Edmonds ,OL • City provisions cannot be less stringent than Ecology standard and can not be less stringent than previous, version (without Ecology approval)'; Packet Pg. 307 Drainage Review 101 L d 3 E L 0 V/ 4- • Drainage mitigation is required when projects exceed' o certain thresholds of new plus replaced hard surfaces and/or clearing limits. L • Hard surfaces are traditional impervious surfaces, plus J other compacted surfaces including gravel roadways z and pervious pavements. r� • Replaced hard surfaces are any surfaces where the subgrade material below the surface is exposed temporarily during the construction operation. • Category 1— Minimum Requirements (MR) 1-5 appI Y • 2,000 SF new plus replace hard surfaces, OR " • 7,000 SF of land disturbing activity (clearing) I Category 2—Minimum Requirements 1-9apply • 5,000 SF new plus replace hard surfaces, OR • Converts 0.75 acres of vegetation to lawn/landscaped area, OR, • Converts 2.5 acres of native vegetation to pasture Packet Pg. 308 Drainage Review 101 0 L d 3 E L 0 V/ 0 Minimum Requirement #5 (LID) • Applies to all projects that require drainage review (over 2,000 W SF hard surfaces). L • Focuses on erosion flows; 2-year storm and below. mr1i a ' J • Requires the use of infiltration if feasible Z • Predominant way we get storm water mitigation in Edmonds Minimum Requirement #6 (Water quality) Requires 5,000 SF of pollution generating hard surfaces (ie. drivable pavement; does not include roofs in most cases) Requires treatment of runoff specific to removi contaminants. • Minimum Requirement#7 (Flow control) I Requires 10,000 SF of hard surfaces (or more than 0.1 cfs increase in discharge from site) Big vaults/detention; this is the traditional way of storm water � management where we try to match historic flow rates. • Infiltration is required to be used for flow control if applicable. Packet Pg. 309 L d 3 E L O V/ 4" • Switched permit tracking systems at beginning of 2020; 0 reviewed single family building permit data since that J date through the start of June 2021. a • This didn't capture plats as a whole project but reflects the a mitigation required for each individual home within a plat. M • Focused on main BMP where multiple BMPs were proposed. • 52 projects required drainage review How's it .. �. • 2 applied dispersion as main BMP •-'•- working? 22 ap lied an infiltration -based BMP� p � Wi 5 applied a perforated pipe connection • 22 applied Edmonds -specific detention BMP • 1 qualified for direct discharge Packet Pg. 310 What's Changing? L d 3 E L O V/ Most changes are updates to match Ecology o reorganization and/or to provide clarity where staff 0 have experienced commonly missed or misinterpreted y information by manual users & designers. J See 2022 ECDC 18.30 and Stormwater Addendum Z Summary of Changes in agenda packet • Direction from Ecology (Orange) = Ecology prescribed/required • Direction from Staff (White) = Staff -proposed clarification, reorganization, or update without substantial change/impact • Direction from Staff (Green) = Staff -proposed change with potential impacts f{' f Staff seek direction on staff -proposed changes with potential impacts prior to moving code for State approval and permitting. • Department of Commerce and SEPA approval required prior to formal Council adoption. Packet Pg. 311 7.1.h • Old: Current code allows for connection of existing hard surfaces on case -by -case basis with a focus on maintaining City pipe capacity. 01 1. .—_r . _' Changel: • New: Staff propose revisions to require new connections of existing hard surfaces to be treated like new hard surfaces New requiring full drainage mitigation. • Note that this is specific to new connections; where residents connections of have an existing connection, they are permitted to replace the connection in -kind without any mitigation requirements. existing hard • Staff Opinion: These new connections of existing surfaces are still new or altered impacts to the City system and any surfaces surfaces water they drain to; they should be mitigated for as new impacts. Potential Impacts: This may limit homeowner options when working on homes without development or expansion. However, the impacts of allowing every pre -drainage -code residence or business to connect to our system would be continuation of the negative impacts of unmitigated historic development and detrimental to staff ability to manage the capacity of our systems in the future. Packet Pg. 312 L d 3 E L O V/ 4- • Old: Current code recognizes the Edmonds Way o drainage basin as a partial direct discharge basin with gj. reduced requirements for LID (MR #5) and flow control CD Change #2: MR#7 a • New. Staff propose revisions to remove all exemptions Z Removing for the Edmonds Way basin, resulting in equal application of all drainage code requirements to the Edmonds Way as Edmonds Way basin. N a direct Staff Opinion: The Edmonds Way drainage pipe (WSDOT) is known to overflow to the Edmonds Marsh discharge basin. under certain conditions; since this demonstrates a capacity issue and now discharges to a non -manmade water body, the direct discharge exemption should no longer apply. • Potential Impacts: This simply means that projects within the Edmonds Way basin comply with the exactw, A same requirement as the rest of the City.``" qr _ Packet Pg. 313 Change #3 Increasing protection Perrinville Creek. 0 L d 3 E Old: Current code applies the drainage code uniformly to all 0 areas of City, including the Perrinville Creek Basin. o r_ New: Staff propose revisions to increase the retrofit requirement for LID and increase the flow control standard, y within the Perrinville Creek basin (only). • Retrofit (applies to existing unmitigated surfaces to remain): 25% 50% z • Flow control: Match 50-year peak => Match 100-year peak (ie. King County Level 3 Standard) Of Staff p Opinion: The Perrinville has been beaten u b past p Y development and needs better protections. The change in flow control standard is typical for impacted water ways ant the retrofit requirement attempts to rectify some of the pas abuses on the creek. Staff believe its fair to ask the resideni who have directly benefitted from the impacts on the cree to chip in a little extra towards its recovery. Potential Impacts: Flow control will have minimal impacts; larger projects will have larger detention facilities with, minimal impacts and cost on already large budgets. However, the retrofit requirement has the potential to impact homeowners who are not necessarily developing ani may become cost -limiting to smaller projects in this basin. Packet Pg. 314 7.1.h L d f+ E L O Y • Old: Current code adopted the Ecology BMP list for MR #5 0 and then added an Edmonds -specific detention BMP to the o end of the list, making its priority less than that of a w perforated pipe connection. L a • New: Staff propose revisions to elevate the Edmonds -specific detention BMP to be considered before a perforated pipe z Change #4 connection. Detention Staff Opinion: Perforated pipes connection are only used when infiltration is already found undesirable for some reason; because of this fact, they are of very little mitigation P referred over benefit and often get proposed in dangerous or undesirable L locations. Staff have run flow comparisons to demonstrate Perforated Pipes that the detention option generates far more desirable decreases in the flow rates for sites this condition would apply to. M 00 • Potential Impacts: At a minimum detention would be o anticipated in nearly all cases where drainage review is W required. Detention systems may add some cost to developing compared to the perforated pipe connections but will go much further in protecting the City system and surfaces waters. a " a E s Q Packet Pg. 315 L d 3 Staff is requesting comments from the City Council. O • We are requesting comments now, prior to beginning the permitting and approval process. aL Approvals Needed Department of Commerce SEPA • No Ecology review ;I" Public Input What Next? • SEPA comment period required ' -+ • Public hearing required before final approval/adoption • Additional workshops, as directed/if needed. Questions/concerns:' Zachary.Richardson@edmondswa.gov Packet Pg. 316 8.1 City Council Agenda Item Meeting Date: 07/20/2021 Ordinance Creating the Edmonds Rescue Plan Fund Staff Lead: Patrick Doherty Department: Community Services Preparer: Patrick Doherty Background/History Our city and region continue to experience a public health and economic emergency due to the COVID- 19 pandemic, which has led to sudden job losses, lower paychecks, and increased household costs to deal with COVID-19 impacts for many residents, as well as business/revenue losses for many local businesses. Governor Inslee declared a state of emergency due to the COVID-19 crisis on February 29, 2020. Mayor Nelson declared an emergency of the city due to the COVID-19 crisis on March 5, 2020. The state of emergency continues to this day even though the availability of vaccinations has curbed the health impacts of the pandemic. In 2020 the Edmonds City Council previously adopted Ordinances 4189, 4195, and 4196 to allocate federal CARES Act funding. (Attached is a summary of the expenditures from the 2020 Edmonds Cares Fund). This year the American Rescue Plan Act of 2021 (ARPA) was signed into law on March 11, 2021, which provides additional relief to address the continued impacts of COVID-19 on the economy, public health, state and local governments, individuals, and businesses. ARPA Sec. 9901 provides funding to states and local governments to mitigate the fiscal effects stemming from the COVID-19 public health emergency, providing for local governments to use the funds cover costs incurred by December 31, 2024, to respond to the COVID-19 emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits or aid to impacted industries such as tourism, travel, and hospitality; Packet Pg. 317 8.1 provide premium pay to essential workers or provide grants to employers of essential workers during the COVID-19 emergency; provide government services to the extent of the reduction in revenue of such state, territory, or tribal government due to the COVID-19 emergency; or make necessary investments in water, sewer, or broadband infrastructure The City of Edmonds has been allocated $11,893,099 from ARPA, the first payment of $5,950.087.50 having been received 6/25/21. The remaining amount will be received approximately one year later. Staff presented the draft Edmonds Rescue Plan Fund Ordinance to City Council at its 7/13/21 meeting. Revisions to the proposed Ordinance have been made in response to Council direction from that meeting (indicated below). A companion ordinance will be presented at the 7/20/21 Council meeting that approves a budget amendment to accept the ARPA funds and allow expenditure of those funds. Staff Recommendation Approval, including any additional revisions offered during the 7/20/21 Council meeting. Narrative Attached here a revised, draft final Ordinance that intends to create the Edmonds Rescue Plan Fund, as was done similarly last year with the Edmonds Cares Fund. This Ordinance is broken down into the following Sections: Section 1 accepts the ARPA allocation of $11,893,099. Section 2 renames Fund 142, the Edmonds CARES Fund, to the Edmonds Rescue Plan Fund. Section 3 provides for the Director of Administrative Services, under the direction of the Mayor, to administer the Fund. Section 4 appropriates and allocates the Edmonds Rescue Plan Funds into six separately designated accounts: Account A - Edmonds Rescue Plan City Expenditures Account B - Edmonds Rescue Plan Household Support. Current draft specifies that all households intended to receive household support grants must earn no more than 40% of the Edmonds AMI. Account C - Edmonds Rescue Plan Business Support. Current draft eliminates the previous) proposed requirement that businesses Downtown not be eligible for business support grants. Account D - Edmonds Rescue Plan Nonprofit Organization Support Packet Pg. 318 8.1 Account E - Edmonds Rescue Plan Job Retraining Program. Current draft specifies that only working adults who have demonstrated financial need shall receive financial aid. Account F - Edmonds Rescue Plan City Green Infrastructure Section 5 provides for the funds to be used for expenses incurred and obligated between 3/3/21 and 12/31/26. Section 6 provides for organizations assisting the City to report quarterly, and for the Administration to report quarterly to the City Council. Section 7 - Severability Section 8 - Effective Date - 5 days after passage. Attachments: Final Draft ARPA Ordinance 7-14-21 Edmonds Cares Fund Program Recap Memo 05.10.2021 Coronavirus State and Local Fiscal Recovery Funds - Interim Final Rule Packet Pg. 319 8.1.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A THE EDMONDS RESCUE PLAN FUND AND SETTING OUT ITS INTENDED USES WHEREAS, our city and region continue to experience a public health and economic emergency due to the COVID-19 pandemic, which has led to sudden job losses, lower paychecks, and increased household costs to deal with COVID-19 impacts for many residents, as well as business/revenue losses for many local businesses; and WHEREAS, Governor Inslee declared a state of emergency due to the COVID-19 crisis on February 29, 2020; and WHEREAS, the Mayor declared an emergency of the city due to the COVID-19 crisis on March 5, 2020; and WHEREAS, the state of emergency continues to this day even though the availability of vaccinations has curbed the health impacts of the pandemic; and WHEREAS, the Edmonds City Council previously adopted Ordinances 4189, 4195, and 4196 to allocate federal CARES Act funding; and WHEREAS, the context surrounding the adoption of this ordinance is still similar to the context that lead to the adoption of Ordinances 4189, 4195, and 4196, resulting in similar legislative findings, not all of which will be repeated or updated here; and WHEREAS, the American Rescue Plan Act of 2021 (ARPA) was signed into law on March 11, 2021; and WHEREAS, ARPA provides additional relief to address the continued impacts of COVID-19 on the economy, public health, state and local governments, individuals, and businesses; and WHEREAS, ARPA Sec. 9901 provides funding to states and local governments to mitigate the fiscal effects stemming from the COVID-19 public health emergency; and WHEREAS, states and local governments shall use the funds to cover costs incurred by December 31, 2024, to • respond to the COVID-19 emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits or aid to impacted industries such as tourism, travel, and hospitality; Packet Pg. 320 8.1.a • provide premium pay to essential workers or provide grants to employers of essential workers during the COVID-19 emergency; • provide government services to the extent of the reduction in revenue of such state, territory, or tribal government due to the COVID-19 emergency; or • make necessary investments in water, sewer, or broadband infrastructure; and WHEREAS, Sec. 9901 prohibits (1) the use of funds to reduce or delay the imposition of a tax or tax increase, or (2) deposit of the funds into a pension fund; and WHEREAS, Sec. 9901 provides funding for payments to states, territories, local governments, and tribal governments to carry out critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the COVID-19 emergency; and WHEREAS, on May 10, 2021, the Treasury Department issued an Interim Final Rule, which went into effect on May 17, 2021, to implement the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act; and WHEREAS, the Interim Final Rule sets clear guidelines on eligible uses of Fiscal Recovery Funds and provides State, local, and Tribal government officials discretion within those eligible uses to direct Fiscal Recovery Funds to areas of greatest need within their jurisdiction through a broadly flexible approach; and WHEREAS, under ARPA, the City of Edmonds, because it has a population under 50,000, is considered a nonentitlement unit of local government (NEU); and WHEREAS, ARPA Section 603 requires Treasury to allocate and pay Fiscal Recovery Funds to the States and territories and requires the States and territories to distribute Fiscal Recovery Funds to NEUs based on population within 30 days of receipt; and WHEREAS, to facilitate implementation and use of payments from the Fiscal Recovery Funds, the Interim Final Rule identifies a non-exclusive list of eligible uses of funding that respond to the negative economic impacts of the public health emergency; and WHEREAS, Recipients may also use payments from the Fiscal Recovery Funds to replace State, local, and Tribal government revenue lost due to COVID-19, helping to ensure that governments can continue to provide needed services and avoid cuts or layoffs; and Packet Pg. 321 WHEREAS, state and local governments are encouraged to use payments from the Fiscal Recovery Funds to respond to the direct and immediate needs of the pandemic and its negative economic impacts and, in particular, the needs of low- and/or moderate -income households and businesses that were disproportionately and negatively impacted by the public health emergency; and WHEREAS, State, local, and Tribal governments may provide assistance to small businesses to adopt safer operating procedures, weather periods of closure, or mitigate financial hardship resulting from the COVID-19 public health emergency, including: • Loans or grants to mitigate financial hardship such as declines in revenues or impacts of periods of business closure, for example by supporting payroll and benefits costs, costs to retain employees, mortgage, rent, or utilities costs, and other operating costs; • Loans, grants, or in -kind assistance to implement COVID-19 prevention or mitigation tactics, such as physical plant changes to enable social distancing, enhanced cleaning efforts, barriers or partitions, or COVID-19 vaccination, testing, or contact tracing programs; and • Technical assistance, counseling, or other services to assist with business planning needs. WHEREAS, recipients may consider additional criteria to target assistance to businesses in need, including small businesses. Such criteria may include businesses facing financial insecurity, substantial declines in gross receipts (e.g., comparable to measures used to assess eligibility for the Paycheck Protection Program), or other economic harm due to the pandemic, as well as businesses with less capacity to weather financial hardship, such as the smallest businesses, those with less access to credit, or those serving disadvantaged communities. Recipients should consider local economic conditions and business data when establishing such criteria; and WHEREAS, the Interim Final Rule outlines eligible uses within each category of infrastructure (water, sewer, broadband), allowing for a broad range of necessary investments in projects that improve access to clean drinking water, improve wastewater and stormwater infrastructure systems, and provide access to high -quality broadband service; and WHEREAS, by permitting funds to be used for water and sewer infrastructure needs, Congress recognized the critical role that clean drinking water and services for the collection and treatment of wastewater and stormwater play in protecting public health; and Packet Pg. 322 8.1.a WHEREAS, with respect to wastewater infrastructure, recipients may use Fiscal Recovery Funds to construct publicly owned treatment infrastructure, manage and treat stormwater or subsurface drainage water, facilitate water reuse, and secure publicly owned treatment works, among other uses; and WHEREAS, Treasury encourages recipients to consider green infrastructure investments and projects to improve resilience to the effects of climate change. For example, more frequent and extreme precipitation events combined with construction and development trends have led to increased instances of stormwater runoff, water pollution, and flooding. Green infrastructure projects that support stormwater system resiliency could include rain gardens that provide water storage and filtration benefits, and green streets, where vegetation, soil, and engineered systems are combined to direct and filter rainwater from impervious surfaces; NOW THEREFORE; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ORDAINS AS FOLLOWS: Section 1. The City of Edmonds hereby accepts an allocation of up to $11,893,099 as the City of Edmonds' American Rescue Plan Act (ARPA) allocation, as administered and disbursed by the Washington State Department of Commerce in the form of one direct deposit to the City of Edmonds in June 2021 and a second deposit approximately one year later, in accordance with Federal ARPA guidelines. Further the City Council authorizes the Mayor to enter into the corresponding contract(s) with the Department of Commerce for administration and disbursement of these funds. Section 2. The Administrative Services Director is hereby authorized to rename Fund 142, from the Edmonds CARES Fund, to the Edmonds Rescue Plan Fund for the purpose of accounting for ARPA-eligible payments used to facilitate compliance with COVID-19-related public health measures, expenses associated with the provision of economic support in related to recovery from the COVID-19 public health emergency and associated economic recession, and any other COVID-19-related expenses reasonably necessary to the function of the City that satisfy the Act's eligibility criteria. Section 3. The Edmonds Rescue Plan Fund shall be administered by the Administrative Services Director under the direction of the Mayor. Packet Pg. 323 8.1.a Section 4. The City Council hereby appropriates and allocates the City's share of ARPA funds as set forth in this Section. There shall be kept by and under the direction of the Administrative Services Director, such books, accounts and records as are necessary to control and report the ARPA-eligible expenditures, and shall further subdivide the cash account thereof into six separately designated accounts as follows: A. Account "A" shall be the "Edmonds Rescue Plan City Expenditures" account into which up to $750,000 from the ARPA funds shall be allocated to reimburse City expenditures associated with responding to the COVID-19 health emergency and any resurgences in the future, including staffing, equipment, and supplies related to maintaining a safe workplace for employees and the visiting public, as well as necessary capital investments, such as enhancements to HVAC filter upgrades, etc. B. Account `B" shall be the "Edmonds Rescue Plan Household Support" account into which $4,150,000 from the ARPA funds shall be allocated to reimburse those City expenditures incurred through administration of the following programs, in compliance with the ARPA eligibility criteria: 1. Household Support. Up to $3,000,000 for Grants to households earning no more than 40% of Edmonds Median Income for housing expenses, food, medical bills, childcare, internet access, and other household expenses. Up to 400 households may receive grants of up to $2,500 in 2021 and 2022. Up to 200 households may receive grants of up to $2,500 in 2023 and 2024. 2. Utility Bill Support. Up to $150,000 for one-time grants to households earning no more than 40% of Edmonds Median Income in amounts up to $1,000 for up to 150 households to help defray expenses derived from outstanding City of Edmonds utilities bills. 3. Housing Repair. Up to $1,000,000 for one-time grants to households earning no more than 40% of Edmonds Median Income for housing repair, especially focused on energy -saving measures such as roof repair, window replacement, HVAC repair/replacement, etc. Up to 200 grants at up to $5,000 each. C. Account "C" shall be the "Edmonds Rescue Plan Business Support" account into which $1,125,000 from the ARPA funds shall be allocated to reimburse those City expenditures Packet Pg. 324 8.1.a incurred through administration of the following programs, in compliance with the ARPA eligibility criteria: 1. General Business Support. Up to $200,000 in installments of $50,000 per year in 2021, 2022, 2023, and 2024 for general support of Edmonds small businesses, business districts and the overall business community. This includes such programs as the Edmonds Business Booster website and its programs and promotion; promotion of business districts outside Downtown through advertising, wayfinding, signage; business -support or promotional events, etc. 2. Tourism Support. Up to $300,000 in installments of $75,000 per year in 2021, 2022, 2023, and 2024 for support of tourism promotion. This includes enhanced local and regional advertising, support of events and special promotions, investment in facilities and/or equipment, etc. 3. Small Business Support. Up to $625,000 for direct grants to small businesses most affected by the COVID-19-related economic recession. Grants will take the form of individual financial support grants (in the form of loans that are forgivable after four months of performance), totaling up to 50 at $10,000 each in 2021, with up to 25 grants of up to $5,000 each available in 2022. Eligibility criteria for these grants will include: a. Small businesses in Edmonds with zero to 30 employees. b. Businesses must demonstrate at least a 50% loss in revenue by the end of 2020 compared to the pre -pandemic 2019 revenues. c. Businesses must not have received more than $5,000 in other grants, tax credits or other financial assistance. dl Busnicsscszmmus be lee4ed outside Downtowfl Edmonds ("Do-wntewvii Edmonds" being defified as any leeation west of th n venue between Caspefs St -Feet and Pine Street). de. Particular consideration will be given to businesses owned by people of color, women, veterans, and other minorities D. Account "D" shall be the "Edmonds Rescue Plan Nonprofit Organization Support" account into which $500,000 from the ARPA funds shall be allocated to assist Edmonds nonprofit organizations that have suffered substantial financial losses due to prolonged Packet Pg. 325 8.1.a closures, cut -backs, loss of business, etc. A general call for requests will be issued, with requests reviewed competitively and awards based on relative need, likelihood to help an organization survive, and other sources of funds available. Small grants of up to $20,000 and totaling no more than $100,000 shall be approvable by the Mayor. Large grants of any amount over $20,000 for a total of up to $400,000 shall be approvable by the City Council. E. Account " E" shall be the "Edmonds Rescue Plan Job Retraining Program" account into which $600,000 from the ARPA funds shall be allocated to provide financial aid to working adults, with demonstrated financial need, who seek skills training, certifications, completion of degrees, or other skills enhancement at local community colleges serving Edmonds residents in the form of grants of up to $5000 per year per student to cover tuition, fees, supplies and life expenses during the period of study. Administration of this program will be conducted by the college or colleges selected under the contractual oversight of the City. The Mayor shall be authorized to enter into the corresponding contract(s) with participating colleges serving Edmonds residents. F. Account "F" shall be the "Edmonds Rescue Plan City Green Infrastructure" account in which up to $4,768,099 from the ARPA funds shall be allocated to reimburse City capital expenditures through 2026 associated with green infrastructure projects, meeting ARPA guidelines, such as: 1. Edmonds Marsh Water Quality and Flood Control. Retention and treatment of surface stormwater runoff into the Edmonds Marsh to enhance the water quality of the Marsh, as well as other associated projects. Preliminary projected cost — approximately $750,000. 2. Lower Perrinville Creek Realignment. Retention and treatment of surface stormwater runoff in the Perinnville Creek drainage basin, intended to reduce stormwater surge flows and enhance the quality of stormwater reaching Puget Sound. Preliminary projected cost — $3,500,000. 3. Green Streets and Rain Gardens. Enhance existing streets throughout Edmonds by adding features that retain and/or treat stormwater runoff to reduce stormwater surges and contaminants that reach Puget Sound. Similarly, rain gardens in Packet Pg. 326 8.1.a association with streets, parks and other public facilities may be established for these same purposes. Preliminary projected cost — $1,000,000. All infrastructure projects and their associated budgets shall be presented to City Council for review and approval. Section 5. The City may only use ARPA funds to cover costs incurred for one or more of the purposes allowed by federal law and during the period beginning March 3, 2021, and ending December 31, 2024. A cost shall be considered to have been incurred for purposes of this Section if the City has incurred an obligation with respect to such cost by December 31, 2024. The City must return any funds not obligated by December 31, 2024, and any funds not expended to cover such obligations by December 31, 2026. Section 6. Any organization assisting the City in providing emergency aid under Section 4(B), 4(C) or 4(E) shall provide a quarterly written report to the City. The Administration shall provide the City Council a quarterly written report about the amount of aid provided by the City, the purpose and criteria by which it has been distributed, and any other pertinent information regarding the grant programs outlined in Sections 4(B),4(C) and 4(E) above. Section 7. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. This ordinance, being exempt under RCW 35A.11.090(4), as an ordinance appropriating money, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR MIKE NELSON ATTEST/AUTHENTICATED: CITY CLERK, Packet Pg. 327 MEMORANDUM TO: Mayor Nelson City Council FROM: Patrick Doherty, Director Community Services/Economic Development RE: EDMONDS CARES FUND PROGRAM RECAP DATE: 7/13/2021 The Edmonds Cares Fund was created by City Council by Ordinance 4189, and amended by Ordinance 4195, in response to the COVID-19 health emergency and resulting economic hardships to the community. The Fund created the following programs: City Expenditures. $265,100 to provide City services in response to the COVID-19 emergency. This entire fund amount was spent on required City expenditures, including an additional $5,000 (see below) Housing and Supplementary Relief Program. $580,000 for $1000 and $1500 grants to households earning less than 60% of Edmonds Average Mean Income (AMI). Three social services agencies were engaged to administer this program: Homage, Washington Kids in Transition, and Wellspring. Following is a summary of the grants awarded: Homage 121 households served $182,334 expended Washington Kids in Transition 166 households served $209,324 expended Wellspring 100 households served $153,073 expended TOTAL 387 households served $544,732 expended + $35,268 in admin fees $580,000 Rent $338,563 Mortgage $27,864 Medical $4,413 Utility $32,012 Food $139,255 Childcare $1,625 Other $1,000 Packet Pg. 328 Lastly, while the Program allowed for households earning up to 60% AMI to receive grants, the vast majority of these grants were awarded to households earning far less. • Homage offered grants to households with an average AMI of 24% • Washington Kids in Transition offered grants to households with an average AMI in the 30-40% bracket. • Wellspring offered grants to households with the following breakdown of AMI: 0 50% to under 30% AMI 0 20% to 30-40% AMI 0 15% to 40-50% AM I 0 15% to 50-60% AMI Business Support Grants. $1,130,000 in grants up to $10,000 to small businesses. Round 1 90 grants awarded $697,500 Out of Bowl: 45 Round 2 59 grants awarded $431,000 Out of Bowl: 28 TOTAL 149 grants awarded $1,128,500 Out of Bowl: 73 Edmonds Food Bank Support. $35,000. $26,344 of this found was used. This funding allowed the Edmonds Food Bank to buy a refrigerated truck with shelving that facilitated more efficient and effective storage and delivery of food to their clients, enabling them to serve more people. LEAP Program. $37,500. Distance Learning Support Program (LEAP) was developed by the Recreation Services Division of the Parks, Recreation and Cultural Services Department. The program began on October 12, 2020, averaged 30 participants, with 87% on full needs -based scholarships. Many of the children were on Individualized Education Plans (IEP's) through their school and required a hands-on individualized approach. In addition to academic support, the social -emotional support for the kids was tremendous, according to parents. Many of these kids were battling depression, negative self -talk and were feeling very isolated. The LEAP program supported their social, emotional and academic needs. The entire allocation was used. Remaining Funds. $8,656 remained unused by the Food Bank, and $1,500 remained unused by the Business Grant Program, for a total of $10,156. As provided for Ordinance 4189, up to 10% of any Program Fund (above) was allowed to be reallocated by the Mayor to other Programs. As such, $3,500 from the amount left over by the Food bank and the $1,500 left over from the Business Grant program (totaling $5000) were reallocated to City Expenditures (see above mention). The remaining $5,156 was used to buy Personal Protective Equipment for Edmonds residential care facilities, as required by Section 5 the Ordinance. Packet Pg. 329 8.1.c DEPARTMENT OF THE TREASURY 31 CFR Part 35 RIN 1505-AC77 Coronavirus State and Local Fiscal Recovery Funds AGENCY: Department of the Treasury ACTION: Interim Final Rule SUMMARY: The Secretary of the Treasury (Treasury) is issuing this Interim Final Rule to implement the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. DATES: Effective date: The provisions in this Interim Final Rule are effective [ ], 2021. Comment date: Comments must be received on or before [ ], 2021. ADDRESSES: Please submit comments electronically through the Federal eRulemaking Portal: http://www.regulations.gov [(if hard copy, preferably an original and two copies to the [Office of the Undersecretary for Domestic Finance], Attention: [Name], Room [####] MT, Department of the Treasury, 1500 Pennsylvania Avenue, NW, Washington, DC 20220. Because postal mail may be subject to processing delay, it is recommended that comments be submitted electronically.] All comments should be captions with "Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule Comments." Please include your name, organization affiliation, address, email address and telephone number in your comment. Where appropriate, a comment should include a short executive summary (no more than [#] single-spaced pages).] In general, comments received will be posted on http:llwww.regulations.gov without change, r N O N including any business or personal information provided. Comments received, including o Ln 0 attachments and other supporting materials, will be part of the public record and subject to public as E 1 � Q Packet Pg. 330 8.1.c disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. FOR FURTHER INFORMATION CONTACT: [Name], [Title], [Office], 202-622-[####], or [Name], [Title], [Office], 202-622-[####]. SUPPLEMENTARY INFORMATION: I. Background Information A. Overview Since the first case of coronavirus disease 2019 (COVID-19) was discovered in the United States in January 2020, the disease has infected over 32 million and killed over 575,000 Americans.' The disease has impacted every part of life: as social distancing became a necessity, businesses closed, schools transitioned to remote education, travel was sharply reduced, and millions of Americans lost their jobs. In April 2020, the national unemployment rate reached its highest level in over seventy years following the most severe month -over -month decline in employment on record. 2 As of April 2021, there were still 8.2 million fewer jobs than before the pandemic.3 During this time, a significant share of households have faced food and housing insecurity.4 Economic disruptions impaired the flow of credit to households, State and 1 Centers for Disease Control and Prevention, COVID Data Tracker, http://www.covid.cdc.gov/covid- data-tracker/#datatracker-home (last visited May 8, 2021). 2 U.S. Bureau of Labor Statistics, Unemployment Rate [UNRATE], retrieved from FRED, Federal Reserve Bank of St. Louis; https:Hfred.stlouisfed.org/series/UNRATE, May 3, 2021. U.S. Bureau of Labor Statistics, Employment Level [LNU02000000], retrieved from FRED, Federal Reserve Bank of St. Louis; https:Hfred.stlouisfed.org/series/LNU02000000, May 3, 2021. 3 U.S. Bureau of Labor Statistics, All Employees, Total Nonfarm [PAYEMS], retrieved from FRED, c Federal Reserve Bank of St. Louis; https:Hfred.stlouisfed.org/series/PAYEMS, May 7, 2021. C! 0 a Nirmita Panchal et al., The Implications of COVID-19 for Mental Health and Substance Abuse (Feb. 10, Ln 2021), https://www.kff.org/coronavirus-covid-19/issue-brief/the-implications-of-covid-19-for-mental- o c m E z 2 cc Q Packet Pg. 331 8.1.c local governments, and businesses of all sizes.' As businesses weathered closures and sharp declines in revenue, many were forced to shut down, especially small businesses.6 Amid this once -in -a -century crisis, State, territorial, Tribal, and local governments (State, local, and Tribal governments) have been called on to respond at an immense scale. Governments have faced myriad needs to prevent and address the spread of COVID-19, including testing, contact tracing, isolation and quarantine, public communications, issuance and enforcement of health orders, expansions to health system capacity like alternative care facilities, and in recent months, a massive nationwide mobilization around vaccinations. Governments also have supported major efforts to prevent COVID-19 spread through safety measures in settings like nursing homes, schools, congregate living settings, dense worksites, incarceration settings, and public facilities. The pandemic's impacts on behavioral health, including the toll of pandemic -related stress, have increased the need for behavioral health resources. At the same time, State, local and Tribal governments launched major efforts to address the economic impacts of the pandemic. These efforts have been tailored to the needs of their communities and have included expanded assistance to unemployed workers; food assistance; health-and-substance- use/#:—:text--Older%20adults%20are%20also%20more,prior%20to%20the%20current%20crisis; U.S. o Census Bureau, Household Pulse Survey: Measuring Social and Economic Impacts during the W Coronavirus Pandemic, https://www.census.gov/programs-surveys/household-pulse-survey.html (last i visited Apr. 26, 2021); Rebecca T. Leeb et al., Mental Health -Related Emergency Department Visits Among Children Aged <18 Years During the COVID Pandemic — United States, January 1 — October 17, 0 2020, Morb. Mortal. Wkly. Rep. 69(45):1675-80 (Nov. 13, 2020), 0` https://www.cdc.gov/mmwr/volumes/69/wr/mm6945a3.htm. v T N 5 Board of Governors of the Federal Reserve System, Monetary Policy Report (June 12, 2020), N https://www. federalreserve.gov/monetarypolicy/2020-06-mpr-summary.htm. 6 Joseph R. Biden, Remarks by President Biden on Helping Small Businesses (Feb. 22, 2021), Q 0 https://www.whitehouse.gov/briefing-room/speeches-remarks/2021/02/22/remarks-by-president-biden- c on -helping -small -businesses/. E z 3 cc Q Packet Pg. 332 8.1.c rent, mortgage, and utility support; cash assistance; internet access programs; expanded services to support individuals experiencing homelessness; support for individuals with disabilities and older adults; and assistance to small businesses facing closures or revenue loss or implementing new safety measures. In responding to the public health emergency and its negative economic impacts, State, local, and Tribal governments have seen substantial increases in costs to provide these services, often amid substantial declines in revenue due to the economic downturn and changing economic patterns during the pandemic.? Facing these budget challenges, many State, local, and Tribal governments have been forced to make cuts to services or their workforces, or delay critical investments. From February to May of 2020, State, local, and Tribal governments reduced their workforces by more than 1.5 million jobs and, in April of 2021, State, local, and Tribal government employment remained nearlyl.3 million jobs below pre -pandemic levels.$ These cuts to State, local, and Tribal government workforces come at a time when demand for government services is high, with State, local, and Tribal governments on the frontlines of fighting the pandemic. Furthermore, State, local, and Tribal government austerity measures can hamper overall economic growth, as occurred in the recovery from the Great Recession.9 Michael Leachman, House Budget Bill Provides Needed Fiscal Aid for States, Localities, Tribal Nations, and Territories (Feb. 10, 2021), https://www.cbpp.org/research/state-budget-and-tax/house- budget-bill-provides-needed-fiscal-aid-for-states-localities. g U.S. Bureau of Labor Statistics, All Employees, State Government [CES9092000001] and All N Employees, Local Government [CES9093000001], retrieved from FRED, Federal Reserve Bank of St. N Louis, https:Hfred.stlouisfed.org/series/CES9092000001 and o https:Hfred.stlouisfed.org/series/CES9093000001 (last visited May 8, 2021). o 9 Tracy Gordon, State and Local Budgets and the Great Recession, Brookings Institution (Dec. 31, 2012), c http://www.brookings.edu/articles/state-and-local-budgets-and-the-great-recession. E z 4 Q Packet Pg. 333 8.1.c Finally, although the pandemic's impacts have been widespread, both the public health and economic impacts of the pandemic have fallen most severely on communities and populations disadvantaged before it began. Low-income communities, people of color, and Tribal communities have faced higher rates of infection, hospitalization, and death,10 as well as higher rates of unemployment and lack of basic necessities like food and housing." Pre-existing social vulnerabilities magnified the pandemic in these communities, where a reduced ability to work from home and, frequently, denser housing amplified the risk of infection. Higher rates of pre-existing health conditions also may have contributed to more severe COVID-19 health outcomes.12 Similarly, communities or households facing economic insecurity before the pandemic were less able to weather business closures, job losses, or declines in earnings and were less able to participate in remote work or education due to the inequities in access to reliable and affordable broadband infrastructure.13 Finally, though schools in all areas faced challenges, those in high poverty areas had fewer resources to adapt to remote and hybrid 10 Sebastian D. Romano et al., Trends in Racial and Ethnic Disparities in COVID-19 Hospitalizations, by Region — United States, March -December 2020, MMWR Morb Mortal Wkly Rep 2021, 70:560-565 (Apr. 16, 2021), https://www.cdc.gov/mmwr/volumes/70/wr/mm7Ol5e2.htm?s—cid=mm70l5e2 w. 11 Center on Budget and Policy Priorities, Tracking the COVID-19 Recession's Effects on Food, Housing, and Employment Hardships, https://www.cbpp.org/research/poverty-and-inequality/tracking-the-covid- 19-recessions-effects-on-housing-and (last visited May 4, 2021). 12 Lisa R. Fortuna et al., Inequity and the Disproportionate Impact of COVID-19 on Communities of N Color in the United States: The Need for Trauma -Informed Social Justice Response, Psychological N Trauma Vol. 12(5):443-45 (2020), available at https://psycnet.apa.org/fulltext/2020-37320-00Lpdf. 13 Ln Emily Vogles et al., 53% of Americans Say the Internet Has Been Essential During the COVID-19 c Outbreak (Apr. 30, 2020), https://www.pewresearch.org/intemet/2020/04/30/53-of-americans-say-the- c intemet-has-been-essential-during-the-covid- l 9-outbreak/. E z 5 Q Packet Pg. 334 8.1.c learning models.14 Unfortunately, the pandemic also has reversed many gains made by communities of color in the prior economic expansion.15 B. The Statute and Interim Final Rule On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President.16 Section 9901 of ARPA amended Title VI of the Social Security Act" (the Act) to add section 602, which establishes the Coronavirus State Fiscal Recovery Fund, and section 603, which establishes the Coronavirus Local Fiscal Recovery Fund (together, the Fiscal Recovery Funds).18 The Fiscal Recovery Funds are intended to provide support to State, local, and Tribal governments (together, recipients) in responding to the impact of COVID-19 and in their efforts to contain COVID-19 on their communities, residents, and businesses. The Fiscal Recovery Funds build on and expand the support provided to these governments over the last year, including through the Coronavirus Relief Fund (CRF).19 14 Emma Dorn et al., COVID-19 and student learning in the United States: The hurt could last a lifetime (June 2020), https://webtest.childrensinstitute.net/sites/default/files/documents/COVID-19-and-student- learning-in-the-United-States_FINAL.pdf; Andrew Bacher-Hicks et al., Inequality in Household Adaptation to Schooling Shocks: Covid-Induced Online Engagement in Real Time, J. of Public Econ. Vol. 193(C) (July 2020), available at https://www.nber.org/papers/w27555. 15 See, e.g., Tyler Atkinson & Alex Richter, Pandemic Disproportionately Affects Women, Minority Labor Force Participation, https://www.dallasfed.org/research/economics/2020/1 110 (last visited May 9, 2021); Jared Bernstein & Janelle Jones, The Impact of the COVID19 Recession on the Jobs and Incomes of Persons of Color, https://www.cbpp.org/sites/default/files/atoms/files/6-2-20bud_O.pdf (last visited May 9, 2021). 16 American Rescue Plan Act of 2021 (ARPA) § 9901, Pub. L. No. 117-2, codified at 42 U.S.C. § 802 et v seq. N 0 17 42 U.S.C. 801 et seq. c 18 §§ 602, 603 of the Act. c 19 The CRF was established by the section 601 of the Act as added by the Coronavirus Aid, Relief, and c Economic Security Act (CARES Act), Pub. L. No. 116-136, 134 Stat. 281 (2020). E z 6 Q Packet Pg. 335 8.1.c Through the Fiscal Recovery Funds, Congress provided State, local, and Tribal governments with significant resources to respond to the COVID-19 public health emergency and its economic impacts through four categories of eligible uses. Section 602 and section 603 contain the same eligible uses; the primary difference between the two sections is that section 602 establishes a fund for States, territories, and Tribal governments and section 603 establishes a fund for metropolitan cities, nonentitlement units of local government, and counties. Sections 602(c)(1) and 603(c)(1) provide that funds may be used: a) To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; b) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; c) For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and d) To make necessary investments in water, sewer, or broadband infrastructure. In addition, Congress clarified two types of uses which do not fall within these four categories. Sections 602(c)(2)(B) and 603(c)(2) provide that these eligible uses do not include, and thus funds may not be used for, depositing funds into any pension fund. Section 602(c)(2)(A) also provides, for States and territories, that the eligible uses do not include: "directly or indirectly offset[ting] a reduction in the net tax revenue of [the] State r N O N or territory resulting from a change in law, regulation, or administrative c LO 0 interpretation." c m E z 7 Q Packet Pg. 336 8.1.c The ARPA provides a substantial infusion of resources to meet pandemic response needs and rebuild a stronger, more equitable economy as the country recovers. First, payments from the Fiscal Recovery Funds help to ensure that State, local, and Tribal governments have the resources needed to continue to take actions to decrease the spread of COVID-19 and bring the pandemic under control. Payments from the Fiscal Recovery Funds may also be used by recipients to provide support for costs incurred in addressing public health and economic challenges resulting from the pandemic, including resources to offer premium pay to essential workers, in recognition of their sacrifices over the last year. Recipients may also use payments from the Fiscal Recovery Funds to replace State, local, and Tribal government revenue lost due to COVID-19, helping to ensure that governments can continue to provide needed services and avoid cuts or layoffs. Finally, these resources lay the foundation for a strong, equitable economic recovery, not only by providing immediate economic stabilization for households and businesses, but also by addressing the systemic public health and economic challenges that may have contributed to more severe impacts of the pandemic among low-income communities and people of color. Within the eligible use categories outlined in the Fiscal Recovery Funds provisions of ARPA, State, local, and Tribal governments have flexibility to determine how best to use payments from the Fiscal Recovery Funds to meet the needs of their communities and populations. The Interim Final Rule facilitates swift and effective implementation by establishing a framework for determining the types of programs and services that are eligible under the ARPA along with examples of uses that State, local, and Tribal governments may r N O N consider. These uses build on eligible expenditures under the CRF, including some expansions c LO 0 in eligible uses to respond to the public health emergency, such as vaccination campaigns. They a) E 8 Q Packet Pg. 337 8.1.c also reflect changes in the needs of communities, as evidenced by, for example, nationwide data demonstrating disproportionate impacts of the COVID-19 public health emergency on certain populations, geographies, and economic sectors. The Interim Final Rule takes into consideration these disproportionate impacts by recognizing a broad range of eligible uses to help States, local, and Tribal governments support the families, businesses, and communities hardest hit by the COVID-19 public health emergency. Implementation of the Fiscal Recovery Funds also reflect the importance of public input, transparency, and accountability. Treasury seeks comment on all aspects of the Interim Final Rule and, to better facilitate public comment, has included specific questions throughout this Supplementary Information. Treasury encourages State, local, and Tribal governments in particular to provide feedback and to engage with Treasury regarding issues that may arise regarding all aspects of this Interim Final Rule and Treasury's work in administering the Fiscal Recovery Funds. In addition, the Interim Final Rule establishes certain regular reporting requirements, including by requiring State, local, and Tribal governments to publish information regarding uses of Fiscal Recovery Funds payments in their local jurisdiction. These reporting requirements reflect the need for transparency and accountability, while recognizing and minimizing the burden, particularly for smaller local governments. Treasury urges State, territorial, Tribal, and local governments to engage their constituents and communities in developing plans to use these payments, given the scale of funding and its potential to catalyze broader economic recovery and rebuilding. T N O N O 7 LO O C 0 E t 9 V r r+ Q Packet Pg. 338 8.1.c II. Eligible Uses A. Public Health and Economic Impacts Sections 602(c)(1)(A) and 603(c)(1)(A) provide significant resources for State, territorial, Tribal governments, and counties, metropolitan cities, and nonentitlement units of local governments (each referred to as a recipient) to meet the wide range of public health and economic impacts of the COVID-19 public health emergency. These provisions authorize the use of payments from the Fiscal Recovery Funds to respond to the public health emergency with respect to COVID-19 or its negative economic impacts. Section 602 and section 603 also describe several types of uses that would be responsive to the impacts of the COVID-19 public health emergency, including assistance to households, small businesses, and nonprofits and aid to impacted industries, such as tourism, travel, and hospitality.20 Accordingly, to assess whether a program or service is included in this category of eligible uses, a recipient should consider whether and how the use would respond to the COVID- 19 public health emergency. Assessing whether a program or service "responds to" the COVID-19 public health emergency requires the recipient to, first, identify a need or negative impact of the COVID-19 public health emergency and, second, identify how the program, service, or other intervention addresses the identified need or impact. While the COVID-19 public health emergency affected many aspects of American life, eligible uses under this category must be in response to the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID-19 public health emergency. 20 §§602(c)(1)(A), 603(c)(1)(A) of the Act. 10 T N O N O 7 LO O C 0 E a Packet Pg. 339 8.1.c The Interim Final Rule implements these provisions by identifying a non-exclusive list of programs or services that may be funded as responding to COVID-19 or the negative economic impacts of the COVID-19 public health emergency, along with considerations for evaluating other potential uses of the Fiscal Recovery Funds not explicitly listed. The Interim Final Rule also provides flexibility for recipients to use payments from the Fiscal Recovery Funds for programs or services that are not identified on these non-exclusive lists but that fall under the terms of section 602(c)(1)(A) or 603(c)(1)(A) by responding to the COVID-19 public health emergency or its negative economic impacts. As an example, in determining whether a program or service responds to the negative economic impacts of the COVID-19 public health emergency, the Interim Final Rule provides that payments from the Fiscal Recovery Funds should be designed to address an economic harm resulting from or exacerbated by the public health emergency. Recipients should assess the connection between the negative economic harm and the COVID-19 public health emergency, the nature and extent of that harm, and how the use of this funding would address such harm. As discussed, the pandemic and the necessary actions taken to control the spread had a severe impact on households and small businesses, including in particular low-income workers and communities and people of color. While eligible uses under sections 602(c)(1)(A) and 603(c)(1)(A)provide flexibility to recipients to identify the most pressing local needs, Treasury encourages recipients to provide assistance to those households, businesses, and non -profits in communities most disproportionately impacted by the pandemic. T N O N O 7 LO O C 4) E t 11 � r r+ Q Packet Pg. 340 8.1.c 1. Responding to COVID-19 On January 21, 2020, the Centers for Disease Control and Prevention (CDC) identified the first case of novel coronavirus in the United States. 21 By late March, the virus had spread to many States and the first wave was growing rapidly, centered in the northeast.22 This wave brought acute strain on health care and public health systems: hospitals and emergency medical services struggled to manage a major influx of patients; response personnel faced shortages of personal protective equipment; testing for the virus was scarce; and congregate living facilities like nursing homes and prisons saw rapid spread. State, local, and Tribal governments mobilized to support the health care system, issue public health orders to mitigate virus spread, and communicate safety measures to the public. The United States has since faced at least two additional COVID-19 waves that brought many similar challenges: the second in the summer, centered in the south and southwest, and a wave throughout the fall and winter, in which the virus reached a point of uncontrolled spread across the country and over 3,000 people died per day.23 By early May 2021, the United States has experienced over 32 million confirmed COVID-19 cases and over 575,000 deaths. 24 21 Press Release, Centers for Disease Control and Prevention, First Travel -related Case of 2019 Novel Coronavirus Detected in United States (Jan. 21, 2020), https://www.cdc.gov/media/releases/2020/p0121- novel-coronavirus-travel-case.html. 22 Anne Schuchat et al., Public Health Response to the Initiation and Spread of Pandemic COVID-19 in o` the United States, February 24 — April 21, 2021, MMWR Morb Mortal Wkly Rep 2021, 69(18):551-56 v T (May 8, 2021), https://www.cdc.gov/mmwr/volumes/69/wr/mm6918e2.htm. c N 23 Centers for Disease Control and Prevention, COVID Data Tracker: Trends in Number of COVID-19 Cases and Deaths in the US Reported to CDC, by State/Territory, https://covid.cdc.gov/covid-data- c tracker/#trends—dailytrendscases (last visited May 8, 2021). c 24 Id. E t 12 r r+ Q Packet Pg. 341 8.1.c Mitigating the impact of COVID-19, including taking actions to control its spread and support hospitals and health care workers caring for the sick, continues to require a major public health response from State, local and Tribal governments. New or heightened public health needs include COVID-19 testing, major expansions in contact tracing, support for individuals in isolation or quarantine, enforcement of public health orders, new public communication efforts, public health surveillance (e.g., monitoring case trends and genomic sequencing for variants), enhancement to health care capacity through alternative care facilities, and enhancement of public health data systems to meet new demands or scaling needs. State, local, and Tribal governments have also supported major efforts to prevent COVID-19 spread through safety measures at key settings like nursing homes, schools, congregate living settings, dense worksites, incarceration settings, and in other public facilities. This has included implementing infection prevention measures or making ventilation improvements in congregate settings, health care settings, or other key locations. Other response and adaptation costs include capital investments in public facilities to meet pandemic operational needs, such as physical plant improvements to public hospitals and health clinics or adaptations to public buildings to implement COVID-19 mitigation tactics. In recent months, State, local, and Tribal governments across the country have mobilized to support the national vaccination campaign, resulting in over 250 million doses administered to date.25 The need for public health measures to respond to COVID-19 will continue in the months and potentially years to come. This includes the continuation of the vaccination campaign for the general public and, if vaccinations are approved for children in the future, eventually for r N O N O 7 Ln O 25 Centers for Disease Control and Prevention, COVID Data Tracker: COVID-19 Vaccinations in the c United States, https:Hcovid.cdc.gov/covid-data-tracker/#vaccinations (last visited May 8, 2021). E z 13 Q Packet Pg. 342 8.1.c youths. This also includes monitoring the spread of COVID-19 variants, understanding the impact of these variants (especially on vaccination efforts), developing approaches to respond to those variants, and monitoring global COVID-19 trends to understand continued risks to the United States. Finally, the long-term health impacts of COVID-19 will continue to require a public health response, including medical services for individuals with "long COVID," and research to understand how COVID-19 impacts future health needs and raises risks for the millions of Americans who have been infected. Other areas of public health have also been negatively impacted by the COVID-19 pandemic. For example, in one survey in January 2021, over 40 percent of American adults reported symptoms of depression or anxiety, up from 11 percent in the first half of 2019.26, The proportion of children's emergency department visits related to mental health has also risen noticeably.21 Similarly, rates of substance misuse and overdose deaths have spiked: preliminary data from the CDC show a nearly 30 percent increase in drug overdose mortality from September 2019 to September 2020.28 Stay-at-home orders and other pandemic responses may have also reduced the ability of individuals affected by domestic violence to access services.29 26 Panchal, supra note 4; Mark E. Czeisler et al., Mental Health, Substance Abuse, and Suicidal Ideation During COVID-19 Pandemic— United States, June 24-30 2020, Morb. Mortal. Wkly. Rep. 69(32):1049- 57 (Aug. 14, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6932al.htm. 27 Leeb, supra note 4. 28 Centers for Disease Prevention and Control, National Center for Health Statistics, Provisional Drug N Overdose Death Counts, https://www.cdc.gov/nchs/nvss/vsrr/drug-overdose-data.htm (last visited May 8, N 2021). 29 Ln Megan L. Evans, et al., A Pandemic within a Pandemic — Intimate Partner Violence during Covid-19, c N. Engl. J. Med. 383:2302-04 (Dec. 10, 2020), available at c https://www.nejm.org/doi/full/10.1056/NEJMp2024046. E z 14 cc Q Packet Pg. 343 8.1.c Finally, some preventative public health measures like childhood vaccinations have been deferred and potentially forgone.30 While the pandemic affected communities across the country, it disproportionately impacted some demographic groups and exacerbated health inequities along racial, ethnic, and socioeconomic lines. 31 The CDC has found that racial and ethnic minorities are at increased risk for infection, hospitalization, and death from COVID-19, with Hispanic or Latino and Native American or Alaska Native patients at highest risk.32 Similarly, low-income and socially vulnerable communities have seen the most severe health impacts. For example, counties with high poverty rates also have the highest rates of infections and deaths, with 223 deaths per 100,000 compared to the U.S. average of 175 deaths per 100,000, as of May 202 1.33 Counties with high social vulnerability, as measured by factors such as poverty and educational attainment, have also fared more poorly than the national 30 Jeanne M. Santoli et al., Effects of the COVID-19 Pandemic on Routine Pediatric Vaccine Ordering and Administration — United States, Morb. Mortal. Wkly. Rep. 69(19):591-93 (May 8, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6919e2.htm; Marisa Langdon-Embry et al., Notes from the Field: Rebound in Routine Childhood Vaccine Administration Following Decline During the COVID- 19 Pandemic — New York City, March 1-June 27, 2020, Morb. Mortal. Wkly. Rep. 69(30):999-1001 (Jul. 31 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm693Oa3.htm. 31 Office of the White House, National Strategy for the COVID-19 Response and Pandemic Preparedness (Jan. 21, 2021), https://www.whitehouse.gov/wp-content/uploads/2021/0I/National-Strategy-for-the- COVID-19-Response-and-Pandemic-Preparedness.pd£ 32 In a study of 13 states from October to December 2020, the CDC found that Hispanic or Latino and v Native American or Alaska Native individuals were 1.7 times more likely to visit an emergency room for N COVID-19 than White individuals, and Black individuals were 1.4 times more likely to do so than White N individuals. See Romano, supra note 10. 33 Centers for Disease Control and Prevention, COVID Data Tracker: Trends in COVID-19 Cases and Q 0 Deaths in the United States, by County -level Population Factors, https:Hcovid.cdc.gov/covid-data- tracker/#pop-factors totaldeaths (last visited May 8, 2021). E z 15 Q Packet Pg. 344 8.1.c average, with 211 deaths per 100,000 as of May 202 1.34 Over the last year, Native Americans have experienced more than one and a half times the rate of COVID-19 infections, more than triple the rate of hospitalizations, and more than double the death rate compared to White Americans.3' Low-income and minority communities also exhibit higher rates of pre-existing conditions that may contribute to an increased risk of COVID-19 mortality.36 In addition, individuals living in low-income communities may have had more limited ability to socially distance or to self -isolate when ill, resulting in faster spread of the virus, and were over -represented among essential workers, who faced greater risk of exposure.31 Social distancing measures in response to the pandemic may have also exacerbated pre-existing public health challenges. For example, for children living in homes with lead paint, spending substantially more time at home raises the risk of developing elevated blood lead levels, while 34 The CDC's Social Vulnerability Index includes fifteen variables measuring social vulnerability, including unemployment, poverty, education levels, single -parent households, disability status, non- English speaking households, crowded housing, and transportation access. Centers for Disease Control and Prevention, COVID Data Tracker: Trends in COVID-19 Cases and Deaths in the United States, by Social Vulnerability Index, https://covid.cdc.gov/covid-data-tracker/#pop- factors_totaldeaths (last visited May 8, 2021). 31 Centers for Disease Control and Prevention, Risk for COVID-19 Infection, Hospitalization, and Death By Race/Ethnicity, https://www.cdc.gov/coronavirus/2019-ncov/covid-data/investigations- discovery/hospitalization-death-by-race-ethnicity.html (last visited Apr. 26, 2021). 36 See, e.g., Centers for Disease Control and Prevention, Risk of Severe Illness or Death from COVID-19 6 (Dec. 10, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/health-equity/racial-ethnic- v disparities/disparities-illness.html (last visited Apr. 26, 2021). N 0 3' Milena Almagro et al., Racial Disparities in Frontline Workers and Housing Crowding During COVID- c 19: Evidence from Geolocation Data (Sept. 22, 2020), NYU Stern School of Business (forthcoming), Ln available at https://papers.ssm.com/sol3/Papers.cfin?abstract—id=3695249; Grace McCormack et al., o Economic Vulnerability of Households with Essential Workers, JAMA 324(4):388-90 (2020), available c at https://jamanetwork.com/journals/jama/fullarticle/2767630. E z 16 Q Packet Pg. 345 8.1.c screenings for elevated blood lead levels declined during the pandemic.38 The combination of these underlying social and health vulnerabilities may have contributed to more severe public health outcomes of the pandemic within these communities, resulting in an exacerbation of pre- existing disparities in health outcomes.39 Eligible Public Health Uses. The Fiscal Recovery Funds provide resources to meet and address these emergent public health needs, including through measures to counter the spread of COVID-19, through the provision of care for those impacted by the virus, and through programs or services that address disparities in public health that have been exacerbated by the pandemic. To facilitate implementation and use of payments from the Fiscal Recovery Funds, the Interim Final Rule identifies a non-exclusive list of eligible uses of funding to respond to the COVID-19 public health emergency. Eligible uses listed under this section build and expand upon permissible expenditures under the CRF, while recognizing the differences between the ARPA and CARES Act, and recognizing that the response to the COVID-19 public health emergency has changed and will continue to change over time. To assess whether additional uses would be eligible under this category, recipients should identify an effect of COVID-19 on public health, including either or both of immediate effects or effects that may manifest over months or years, and assess how the use would respond to or address the identified need. 38 See, e.g., Joseph G. Courtney et al., Decreases in Young Children Who Received Blood Lead Level Testing During COVID-19 — 34 Jurisdictions, January -May 2020, Morb. Mort. Wkly. Rep. 70(5):155-61 c (Feb. 5, 2021), https://www.cdc.gov/mmwr/volumes/70/wr/mm7005a2.htm; Emily A. Benfer & Lindsay o F. Wiley, Health Justice Strategies to Combat COVID-19: Protecting Vulnerable Communities During a v Pandemic, Health Affairs Blog (Mar. 19, 2020), N https://www.healthaffairs.org/do/10.1377/hblog2O2003 l9.757883/full/. N 39 o See, e.g., Centers for Disease Control and Prevention, supra note 34; Benfer & Wiley, supra note 38; Nathaniel M. Lewis et al., Disparities in COVID-19 Incidence, Hospitalizations, and Testing, by Area- Q 0 Level Deprivation — Utah, March 3-July 9, 2020, Morb. Mortal. Wkly. Rep. 69(38):1369-73 (Sept. 25, c 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6938a4.htm. E z 17 Q Packet Pg. 346 8.1.c The Interim Final Rule identifies a non-exclusive list of uses that address the effects of the COVID-19 public health emergency, including: • COVID-19 Mitigation and Prevention. Abroad range of services and programming are needed to contain COVID-19. Mitigation and prevention efforts for COVID-19 include vaccination programs; medical care; testing; contact tracing; support for isolation or quarantine; supports for vulnerable populations to access medical or public health services; public health surveillance (e.g., monitoring case trends, genomic sequencing for variants); enforcement of public health orders; public communication efforts; enhancement to health care capacity, including through alternative care facilities; purchases of personal protective equipment; support for prevention, mitigation, or other services in congregate living facilities (e.g., nursing homes, incarceration settings, homeless shelters, group living facilities) and other key settings like schools;40 ventilation improvements in congregate settings, health care settings, or other key locations; enhancement of public health data systems; and other public health responses .41 They also include capital investments in public facilities to meet pandemic operational needs, such as physical plant improvements to public hospitals and health clinics or adaptations 4' This includes implementing mitigation strategies consistent with the Centers for Disease Control and Prevention's (CDC) Operational Strategy for K-12 Schools through Phased Prevention, available at https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/operation-strategy.html. 41 Many of these expenses were also eligible in the CRF. Generally, funding uses eligible under CRF as a c 0 response to the direct public health impacts of COVID-19 will continue to be eligible under the ARPA, o` including those not explicitly listed here (e.g., telemedicine costs, costs to facilitate compliance with v T public health orders, disinfection of public areas, facilitating distance learning, increased solid waste c disposal needs related to PPE, paid sick and paid family and medical leave to public employees to enable N 0 compliance with COVID-19 public health precautions), with the following two exceptions: 1) the standard for eligibility of public health and safety payrolls has been updated see details on page 20 and Q g tY p YpYr p ( pg ) Q 2) expenses related to the issuance of tax -anticipation notes are no longer an eligible funding use (see c discussion of debt service on page 44). E z 18 Q Packet Pg. 347 8.1.c to public buildings to implement COVID-19 mitigation tactics. These COVID-19 prevention and mitigation programs and services, among others, were eligible expenditures under the CRF and are eligible uses under this category of eligible uses for the Fiscal Recovery Funds.42 • Medical Expenses. The COVID-19 public health emergency continues to have devastating effects on public health; the United States continues to average hundreds of deaths per day and the spread of new COVID-19 variants has raised new risks and genomic surveillance needs.43 Moreover, our understanding of the potentially serious and long-term effects of the virus is growing, including the potential for symptoms like shortness of breath to continue for weeks or months, for multi -organ impacts from COVID-19, or for post -intensive care syndrome.44 State and local governments may need to continue to provide care and services to address these near- and longer -term needs.as • Behavioral Health Care. In addition, new or enhanced State, local, and Tribal government services may be needed to meet behavioral health needs exacerbated by the pandemic and respond to other public health impacts. These services include mental health treatment, substance misuse treatment, other behavioral health services, hotlines or as Coronavirus Relief Fund for States, Tribal Governments, and Certain Eligible Local Governments, 86 c Fed. Reg. 4182 (Jan. 15, 2021), available at https://home.treasury.gov/system/files/136/CRF-Guidance- Federal-Register_2021-00827.pd£ v T as Centers for Disease Control and Prevention, supra note 24. c N as Centers for Disease Control and Prevention, Long -Term Effects (Apr. 8, 2021), https://www.cdc.gov/coronavirus/2019-ncov/long-term-effects.html (last visited Apr. 26, 2021). LO 0 as Pursuant to 42 CFR 433.51 and 45 CFR 75.306, Fiscal Recovery Funds may not serve as a State or c locality's contribution of certain Federal funds. E z 19 Q Packet Pg. 348 8.1.c warmlines, crisis intervention, overdose prevention, infectious disease prevention, and services or outreach to promote access to physical or behavioral health primary care and preventative medicine. • Public Health and Safety Staff. Treasury recognizes that responding to the public health and negative economic impacts of the pandemic, including administering the services described above, requires a substantial commitment of State, local, and Tribal government human resources. As a result, the Fiscal Recovery Funds may be used for payroll and covered benefits expenses for public safety, public health, health care, human services, and similar employees, to the extent that their services are devoted to mitigating or responding to the COVID-19 public health emergency.46 Accordingly, the Fiscal Recovery Funds may be used to support the payroll and covered benefits for the portion of the employee's time that is dedicated to responding to the COVID-19 public health emergency. For administrative convenience, the recipient may consider public health and safety employees to be entirely devoted to mitigating or responding to the COVID-19 public health emergency, and therefore fully covered, if the employee, or his or her operating unit or division, is primarily dedicated to responding to the COVID-19 public health emergency. Recipients may consider other presumptions for assessing the extent to which an employee, division, or operating unit is engaged in activities that respond to 46 In general, if an employee's wages and salaries are an eligible use of Fiscal Recovery Funds, recipients T may treat the employee's covered benefits as an eligible use of Fiscal Recovery Funds. For purposes of c the Fiscal Recovery Funds, covered benefits include costs of all types of leave (vacation, family -related, c sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), LO retirement (pensions, 401(k)), unemployment benefit plans (federal and state), workers compensation c insurance, and Federal Insurance Contributions Act (FICA) taxes (which includes Social Security and c m Medicare taxes). E z 20 cc Q Packet Pg. 349 8.1.c the COVID-19 public health emergency, provided that the recipient reassesses periodically and maintains records to support its assessment, such as payroll records, attestations from supervisors or staff, or regular work product or correspondence demonstrating work on the COVID-19 response. Recipients need not routinely track staff hours. • Expenses to Improve the Design and Execution of Health and Public Health Programs. State, local, and Tribal governments may use payments from the Fiscal Recovery Funds to engage in planning and analysis in order to improve programs addressing the COVID- 19 pandemic, including through use of targeted consumer outreach, improvements to data or technology infrastructure, impact evaluations, and data analysis. Eligible Uses to Address Disparities in Public Health Outcomes. In addition, in recognition of the disproportionate impacts of the COVID-19 pandemic on health outcomes in low-income and Native American communities and the importance of mitigating these effects, the Interim Final Rule identifies a broader range of services and programs that will be presumed to be responding to the public health emergency when provided in these communities. Specifically, Treasury will presume that certain types of services, outlined below, are eligible uses when provided in a Qualified Census Tract (QCT)'41 to families living in QCTs, or when these services are provided 4' Qualified Census Tracts are a common, readily -accessible, and geographically granular method of identifying communities with a large proportion of low-income residents. Using an existing measure may speed implementation and decrease administrative burden, while identifying areas of need at a highly - localized level. T While QCTs are an effective tool generally, many tribal communities have households with a wide range c of income levels due in part to non -tribal member, high income residents living in the community. Mixed N 0 income communities, with a significant share of tribal members at the lowest levels of income, are often Ln not included as eligible QCTs yet tribal residents are experiencing disproportionate impacts due to the c pandemic. Therefore, including all services provided by Tribal governments is a more effective means of c ensuring that disproportionately impacted Tribal members can receive services. E z 21 Q Packet Pg. 350 8.1.c by Tribal governments.48 Recipients may also provide these services to other populations, households, or geographic areas that are disproportionately impacted by the pandemic. In identifying these disproportionately -impacted communities, recipients should be able to support their determination that the pandemic resulted in disproportionate public health or economic outcomes to the specific populations, households, or geographic areas to be served. Given the exacerbation of health disparities during the pandemic and the role of pre-existing social vulnerabilities in driving these disparate outcomes, services to address health disparities are presumed to be responsive to the public health impacts of the pandemic. Specifically, recipients may use payments from the Fiscal Recovery Funds to facilitate access to resources that improve health outcomes, including services that connect residents with health care resources and public assistance programs and build healthier environments, such as: Funding community health workers to help community members access health services and services to address the social determinants of health ;49, Funding public benefits navigators to assist community members with navigating and applying for available Federal, State, and local public benefits or services; 48 U.S. Department of Housing and Urban Development (HUD), Qualified Census Tracts and Difficult Development Areas, https://www.huduser.gov/portal/datasets/qct.html (last visited Apr. 26, 2021); U.S. Department of the Interior, Bureau of Indian Affairs, Indian Lands of Federally Recognized Tribes of the United States (June 2016), https://www.bia.gov/sitesibia.gov/files/assets/bia/ots/webteam/pdf/idcl- 028635.pdf (last visited Apr. 26, 2021). 49 The social determinants of health are the social and environmental conditions that affect health c outcomes, specifically economic stability, health care access, social context, neighborhoods and built N 0 environment, and education access. See, e.g., U.S. Department of Health and Human Services, Office of Ln Disease Prevention and Health Promotion, Healthy People 2030: Social Determinants of Health, c https://health.gov/healthypeople/objectives-and-data/social-determinants-health (last visited Apr. 26, c 2021). E z 22 Q Packet Pg. 351 8.1.c Housing services to support healthy living environments and neighborhoods conducive to mental and physical wellness; Remediation of lead paint or other lead hazards to reduce risk of elevated blood lead levels among children; and Evidence -based community violence intervention programs to prevent violence and mitigate the increase in violence during the pandemic.so 2. Responding to Negative Economic Impacts Impacts on Households and Individuals. The public health emergency, including the necessary measures taken to protect public health, resulted in significant economic and financial hardship for many Americans. As businesses closed, consumers stayed home, schools shifted to remote education, and travel declined precipitously, over 20 million jobs were lost in March and April 2020.51 Although many have returned to work, as of April 2021, the economy remains 8.2 million jobs below its pre -pandemic peak,52 and more than 3 million workers have dropped out of the labor market altogether relative to February 2020.53 Rates of unemployment are particularly severe among workers of color and workers with lower levels of educational attainment; for example, the overall unemployment rate in the United "National Commission on COVID-19 and Criminal Justice, Impact Report: COVID-19 and Crime (Jan. 31, 2021), https://covidl9.counciloncj.org/2021/01/31/impact-report-covid-I9-and-crime-3/ (showing a spike in homicide and assaults); Brad Boesrup et al., Alarming Trends in US domestic violence during the COVID-19 pandemic, Am. J. of Emerg. Med. 38(12): 2753-55 (Dec. 1, 2020), available at https://www.ajemjoumal.com/article/S0735-6757(20)30307-7/fulltext (showing a spike in domestic violence). T si U.S. Bureau of Labor Statistics, All Employees, Total Nonfarm (PAYEMS), retrieved from FRED, c Federal Reserve Bank of St. Louis; https:Hfred.stlouisfed.org/series/PAYEMS (last visited May 8, 2021). c sa Id. LO 0 ss U.S. Bureau of Labor Statistics, Civilian Labor Force Level [CLF16OV], retrieved from FRED, Federal c Reserve Bank of St. Louis, https:Hfred.stlouisfed.org/series/CLF16OV (last visited May 8, 2021). E z 23 cc Q Packet Pg. 352 8.1.c States was 6.1 percent in April 2021, but certain groups saw much higher rates: 9.7 percent for Black workers, 7.9 percent for Hispanic or Latino workers, and 9.3 percent for workers without a high school diploma.54 Job losses have also been particularly steep among low wage workers, with these workers remaining furthest from recovery as of the end of 2020.55 A severe recession —and its concentrated impact among low-income workers —has amplified food and housing insecurity, with an estimated nearly 17 million adults living in households where there is sometimes or often not enough food to eat and an estimated 10.7 million adults living in households that were not current on rent.56 Over the course of the pandemic, inequities also manifested along gender lines, as schools closed to in -person activities, leaving many working families without child care during the day.57 Women of color have been hit especially hard: the 14 U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey: Employment status of the civilian population by sex and age (May 8 2021), https://www.bls.gov/news.release/empsit.tOl.htm (last visited May 8, 2021); U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey: Employment status of the civilian noninstitutional population by race, Hispanic or Latino ethnicity, sex, and age (May 8, 2021), https://www.bls.gov/web/empsit/cpseea04.htm (last visited May 8, 2021); U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey: Employment status of the civilian noninstitutional population 25 years and over by educational attainment (May 8, 2021), https://www.bls.gov/web/empsit/cpseea05.htm (last visited May 8, 2021). ss Elise Gould & Jori Kandra, Wages grew in 2020 because the bottom fell out of the low -wage labor market, Economic Policy Institute (Feb. 24, 2021), https:Hfiles.epi.org/pdU2l9418.pdf. See also, Michael Dalton et al., The K-Shaped Recovery: Examining the Diverging Fortunes of Workers in the Recovery from the COVID-19 Pandemic using Business and Household Survey Microdata, U.S. Bureau of Labor Statistics Working Paper Series (Feb. 2021), https://www.bls.gov/osmr/research- papers/202l/Pdf/ec2l0020.pdf. 56 Center on Budget and Policy Priorities, Tracking the COVID-19 Recession's Effects on Food, Housing, and Employment Hardships, https://www.cbpp.org/research/poverty-and-inequality/tracking-the-covid- 19-recessions-effects-on-food-housing-and (last visited May 8, 2021). 57 Women have carried a larger share of childcare responsibilities than men during the COVID-19 crisis. c See, e.g., Gema Zamarro & Maria J. Prados, Gender differences in couples' division of childcare, work c and mental health during COVID-19, Rev. Econ. Household 19:11-40 (2021), available at Ln https://link.springer.com/article/10.1007/s11150-020-09534-7; Titan Alon et al., The Impact of COVID- c 19 on Gender Equality, National Bureau of Economic Research Working Paper 26947 (April 2020), c available at https://www.nber.org/papers/w26947. E z 24 Q Packet Pg. 353 8.1.c labor force participation rate for Black women has fallen by 3.2 percentage points58 during the pandemic as compared to 1.0 percentage points for Black men59 and 2.0 percentage points for White women.6o As the economy recovers, the effects of the pandemic -related recession may continue to impact households, including a risk of longer -term effects on earnings and economic potential. For example, unemployed workers, especially those who have experienced longer periods of unemployment, earn lower wages over the long term once rehired.61 In addition to the labor market consequences for unemployed workers, recessions can also cause longer -term economic challenges through, among other factors, damaged consumer credit scores62 and reduced familial and childhood wellbeing.6' These potential long-term economic consequences underscore the continued need for robust policy support. 58 U.S. Bureau of Labor Statistics, Labor Force Participation Rate - 20 Yrs. & Over, Black or African American Women [LNS 113000321, retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/LNS11300032 (last visited May 8, 2021). 59 U.S. Bureau of Labor Statistics, Labor Force Participation Rate - 20 Yrs. & Over, Black or African American Men [LNS 11300031 ], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/LNS11300031 (last visited May 8, 2021). 61 U.S. Bureau of Labor Statistics, Labor Force Participation Rate - 20 Yrs. & Over, White Women [LNS 113000291, retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/LNS11300029 (last visited May 8, 2021). 61 See, e.g., Michael Greenstone & Adam Looney, Unemployment and Earnings Losses: A Look at Long - Term Impacts of the Great Recession on American Workers, Brookings Institution (Nov. 4, 2021), https://www.brookings.edu/blog/jobs/2011 / 11 /04/unemployment-and-earnings-losses-a-look-at-long- term-impacts-of-the-great-recession-on-american-workers/. 62 Chi Chi Wu, Solving the Credit Conundrum: Helping Consumers' Credit Records Impaired by the N Foreclosure Crisis and Great Recession (Dec. 2013), N https://www.ncic.org/images/pdf/credit reports/report-credit-conundrum-2013.pdf 61 Ln Irwin Garfinkel, Sara McLanahan, Christopher Wimer, eds., Children of the Great Recession, Russell c Sage Foundation (Aug. 2016), available at https://www.russellsage.org/publications/children-great- CD m recession. E z 25 Q Packet Pg. 354 8.1.c Impacts on Businesses. The pandemic has also severely impacted many businesses, with small businesses hit especially hard. Small businesses make up nearly half of U.S. private -sector employment64 and play a key role in supporting the overall economic recovery as they are responsible for two-thirds of net new jobs.61 Since the beginning of the pandemic, however, 400,000 small businesses have closed, with many more at risk.66 Sectors with a large share of small business employment have been among those with the most drastic drops in employment.67 The negative outlook for small businesses has continued: as of April 2021, approximately 70 percent of small businesses reported that the pandemic has had a moderate or large negative effect on their business, and over a third expect that it will take over 6 months for their business to return to their normal level of operations.68 This negative outlook is likely the result of many small businesses having faced periods of closure and having seen declining revenues as customers stayed home.69 In general, small businesses can face greater hurdles in accessing credit '70 and many small businesses were 6' Board of Governors of the Federal Reserve System, supra note 5. 65 U.S. Small Business Administration, Office of Advocacy, Small Businesses Generate 44 Percent of U.S. Economic Activity (Jan. 30, 2019), https://advocacy.sba.gov/2019/01/30/small-businesses-generate- 44-percent-of-u-s-economic-activity/. 66 Biden, supra note 6. 67 Daniel Wilmoth, U.S. Small Business Administration Office of Advocacy, The Effects of the COVID- 19 Pandemic on Small Businesses, Issue Brief No. 16 (Mar. 2021), available at https://cdn.advocacy.sba.gov/wp-content/uploads/2021/03/02112318/COVID-19-Impact-On-Small- Business.pdf. 68 U.S. Census Bureau, Small Business Pulse Survey, https://portal.census.gov/pulse/data/ (last visited o` U May 8, 2021). r N 69 Olivia S. Kim et al., Revenue Collapses and the Consumption of Small Business Owners in the Early N Stages of the COVID-19 Pandemic (Nov. 2020), https://www.nber.org/papers/w28151. 70 See e.g., Board of Governors of the Federal Reserve System, Report to Congress on the Availability of Q 0 Credit to Small Businesses (Sept. 2017), available at https://www.federalreserve.gov/publications/2017- c september-availability-of-credit-to-small-businesses.htm. E z 26 Q Packet Pg. 355 8.1.c already financially fragile at the outset of the pandemic.71 Non -profits, which provide vital services to communities, have similarly faced economic and financial challenges due to the pandemic.72 Impacts to State, Local, and Tribal Governments. State, local, and Tribal governments have felt substantial fiscal pressures. As noted above, State, local, and Tribal governments have faced significant revenue shortfalls and remain over 1 million jobs below their pre -pandemic staffing levels.73 These reductions in staffing may undermine the ability to deliver services effectively, as well as add to the number of unemployed individuals in their jurisdictions. Exacerbation of Pre-existing Disparities. The COVID-19 public health emergency may have lasting negative effects on economic outcomes, particularly in exacerbating disparities that existed prior to the pandemic. The negative economic impacts of the COVID-19 pandemic are particularly pronounced in certain communities and families. Low- and moderate -income jobs make up a substantial portion of both total pandemic job losses,74 and jobs that require in -person frontline work, which 71 Alexander W. Bartik et al., The Impact of COVID-19 on small business outcomes and expectations, PNAS 117(30): 17656-66 (July 28, 2020), available at https://www.pnas.org/content/I 17/30/17656. 72 Federal Reserve Bank of San Francisco, Impacts of COVID-19 on Nonprofits in the Western United States (May 2020), https://www.frbsf.org/community-development/files/impact-of-covid-nonprofits- serving-western-united-states.pdf. 73 Wolfe & Kassa, supra note 7; Elijah Moreno & Heather Sobrepena, Tribal entities remain resilient as o COVID-19 batters their finances, Federal Reserve Bank of Minneapolis (Nov. 10, 2021), v https://www.minneapolisfed.org/article/2020/tribal-entities-remain-resilient-as-covid- 19-batters-their- N finances. 0N 0 74 Kim Parker et al., Economic Fallout from COVID-19 Continues to Hit Lower -Income Americans the 7 LO Hardest, Pew Research Center (Sept. 24, 2020), https://www.pewresearch.org/social- o trends/2020/09/24/economic-fallout-from-covid-19-continues-to-hit-lower-income-americans-the- c m hardest/; Gould, supra note 55. E z 27 Q Packet Pg. 356 8.1.c are exposed to greater risk of contracting COVID-19.75 Both factors compound pre-existing vulnerabilities and the likelihood of food, housing, or other financial insecurity in low- and moderate -income families and, given the concentration of low- and moderate -income families within certain communities,76 raise a substantial risk that the effects of the COVID-19 public health emergency will be amplified within these communities. These compounding effect of recessions on concentrated poverty and the long-lasting nature of this effect were observed after the 2007-2009 recession, including a large increase in concentrated poverty with the number of people living in extremely poor neighborhoods more than doubling by 2010-2014 relative to 2000.77 Concentrated poverty has a range of deleterious impacts, including additional burdens on families and reduced economic potential and social cohesion.78 Given the disproportionate impact of COVID-19 on low-income households discussed above, there is a risk that the current pandemic -induced recession could further increase concentrated poverty and cause long-term damage to economic prospects in neighborhoods of concentrated poverty. The negative economic impacts of COVID-19 also include significant impacts to children in disproportionately affected families and include impacts to education, health, and welfare, all 75 See infra Section II.B of this Supplementary Information. 76 Elizabeth Kneebone, The Changing geography of US poverty, Brookings Institution (Feb. 15, 2017), https://www.brookings. edu/testimonies/the-changing-geography-of-us-poverty/. " Elizabeth Kneebone & Natalie Holmes, U.S. concentrated poverty in the wake of the Great Recession, N Brookings Institution (Mar. 31, 2016), https://www.brookings.edu/research/u-s-concentrated-poverty-in- N the -wake -of -the -great -recession/. c 'g LO David Erickson et al., The Enduring Challenge of Concentrated Poverty in America: Case Studies from c Communities Across the U.S. (2008), available at https://www.frbsf.org/community- development/files/cp fullreport.pdf. z 28 Q Packet Pg. 357 8.1.c of which contribute to long-term economic outcomes.79 Many low-income and minority students, who were disproportionately served by remote or hybrid education during the pandemic, lacked the resources to participate fully in remote schooling or live in households without adults available throughout the day to assist with online coursework.80 Given these trends, the pandemic may widen educational disparities and worsen outcomes for low-income students,81 an effect that would substantially impact their long-term economic outcomes. Increased economic strain or material hardship due to the pandemic could also have a long-term impact on health, educational, and economic outcomes of young children.82 Evidence suggests 79 Educational quality, as early as Kindergarten, has a long-term impact on children's public health and economic outcomes. See, e.g., Tyler W. Watts et al., The Chicago School Readiness Project: Examining the long-term impacts of an early childhood intervention, PLoS ONE 13(7) (2018), available at https://joumals.plos.org/plosone/article?id=10.1371/joumal.pone.0200144; Opportunity Insights, How Can We Amplify Education as an Engine of Mobility? Using big data to help children get the most from school, https:Hopportunityinsights.org/education/ (last visited Apr. 26, 2021); U.S. Department of Health and Human Services (HHS), Office of Disease Prevention and Health Promotion, Early Childhood Development and Education, https://www.healthypeople.gov/2020/topics-objectives/topic/social- determinants-health/interventions-resources/early-childhood-development-and-education (last visited Apr. 26, 2021). 80 See, e.g., Bacher-Hicks, supra note 14. 81 A Department of Education survey found that, as of February 2021, 42 percent of fourth grade students .5 nationwide were offered only remote education, compared to 48 percent of economically disadvantaged students, 54 percent of Black students and 57 percent of Hispanic students. Large districts often o disproportionately serve low-income students. See Institute of Education Sciences, Monthly School v Survey Dashboard, https://ies.ed.gov/schoolsurvey/ (last visited Apr. 26, 2021). In summer 2020, a N review found that 74 percent of the largest 100 districts chose remote learning only. See Education Week, N School Districts' Reopening Plans: A Snapshot (Jul. 15, 2020), https://www.edweek.org/leadership/school-districts-reopening-plans-a-snapshot/2020/07 (last visited May c 4, 2021). m 82 HHS, supra note 79. E z 29 cc Q Packet Pg. 358 8.1.c that adverse conditions in early childhood, including exposure to poverty, food insecurity, housing insecurity, or other economic hardships, are particularly impactful.83 The pandemic's disproportionate economic impacts are also seen in Tribal communities across the country —for Tribal governments as well as families and businesses on and off Tribal lands. In the early months of the pandemic, Native American unemployment spiked to 26 percent and, while partially recovered, remains at nearly 11 percent.84 Tribal enterprises are a significant source of revenue for Tribal governments to support the provision of government services. These enterprises, notably concentrated in gaming, tourism, and hospitality, frequently closed, significantly reducing both revenues to Tribal governments and employment. As a result, Tribal governments have reduced essential services to their citizens and communities.85 Eligible Uses. Sections 602(c)(1)(A) and 603(c)(1)(A) permit use of payments from the Fiscal Recovery Funds to respond to the negative economic impacts of the COVID-19 public health emergency. Eligible uses that respond to the negative economic impacts of the public health emergency must be designed to address an economic harm resulting from or exacerbated by the public health emergency. In considering whether a program or service would be eligible under this category, the recipient should assess whether, and the extent to which, there has been 83 Hirokazu Yoshikawa, Effects of the Global Coronavirus Disease — 2019 Pandemic on Early Childhood Development: Short- and Long -Term Risks and Mitigating Program and Policy Actions, J. of Pediatrics Vol. 223:188-93 (Aug. 1, 2020), available at https://www.jpeds.com/article/SO022-3476(20)30606- 5/abstract. 84 Based on calculations conducted by the Minneapolis Fed's Center for Indian Country Development o using Flood et al. (2020)'s Current Population Survey." Sarah Flood, Miriam King, Renae Rodgers, v Steven Ruggles and J. Robert Warren. Integrated Public Use Microdata Series, Current Population N Survey: Version 8.0 [dataset]. Minneapolis, MN: IPUMS, 2020. https:Hdoi.org/10.18128/DO30.V8.0; see N also Donna Feir & Charles Golding, Native Employment During COVID-19: Hard hit in April but Starting to Rebount? (Aug. 5, 2020), https://www.minneapolisfed.org/article/2020/native-employment- c during-covid- 19-hit-hard-in-april-but-starting-to-rebound. c m 15 Moreno & Sobrepena, supra note 73. E z 30 Q Packet Pg. 359 8.1.c an economic harm, such as loss of earnings or revenue, that resulted from the COVID-19 public health emergency and whether, and the extent to which, the use would respond or address this harm.86 A recipient should first consider whether an economic harm exists and whether this harm was caused or made worse by the COVID-19 public health emergency. While economic impacts may either be immediate or delayed, assistance or aid to individuals or businesses that did not experience a negative economic impact from the public health emergency would not be an eligible use under this category. In addition, the eligible use must "respond to" the identified negative economic impact. Responses must be related and reasonably proportional to the extent and type of harm experienced; uses that bear no relation or are grossly disproportionate to the type or extent of harm experienced would not be eligible uses. Where there has been a negative economic impact resulting from the public health emergency, States, local, and Tribal governments have broad latitude to choose whether and how to use the Fiscal Recovery Funds to respond to and address the negative economic impact. Sections 602(c)(1)(A) and 603(c)(1)(A) describe several types of uses that would be eligible under this category, including assistance to households, small businesses, and nonprofits and aid to impacted industries such as tourism, travel, and hospitality. To facilitate implementation and use of payments from the Fiscal Recovery Funds, the Interim Final Rule identifies a non-exclusive list of eligible uses of funding that respond to the negative economic impacts of the public health emergency. Consistent with the discussion above, the eligible uses listed below would respond directly to the economic or financial harms resulting from and or exacerbated by the public health emergency. r N O N O 7 LO O 86 In some cases, a use may be permissible under another eligible use category even if it falls outside the c scope of section (c)(1)(A) of the Act. E z 31 Q Packet Pg. 360 8.1.c Assistance to Unemployed Workers. This includes assistance to unemployed workers, including services like job training to accelerate rehiring of unemployed workers; these services may extend to workers unemployed due to the pandemic or the resulting recession, or who were already unemployed when the pandemic began and remain so due to the negative economic impacts of the pandemic. State Unemployment Insurance Trust Funds. Consistent with the approach taken in the CRF, recipients may make deposits into the state account of the Unemployment Trust Fund established under section 904 of the Social Security Act (42 U.S.C. 1104) up to the level needed to restore the pre -pandemic balances of such account as of January 27, 2020 or to pay back advances received under Title XII of the Social Security Act (42 U.S.C. 1321) for the payment of benefits between January 27, 2020 and [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], given the close nexus between Unemployment Trust Fund costs, solvency of Unemployment Trust Fund systems, and pandemic economic impacts. Further, Unemployment Trust Fund deposits can decrease fiscal strain on Unemployment Insurance systems impacted by the pandemic. States facing a sharp increase in Unemployment Insurance claims during the pandemic may have drawn down positive Unemployment Trust Fund balances and, after exhausting the balance, required advances to fund continuing obligations to claimants. Because both of these impacts were driven directly by the need for assistance to unemployed workers during the pandemic, replenishing N 0 N Unemployment Trust Funds up to the pre -pandemic level responds to the Ln 0 pandemic's negative economic impacts on unemployed workers. as E 32 Q Packet Pg. 361 8.1.c • Assistance to Households. Assistance to households or populations facing negative economic impacts due to COVID-19 is also an eligible use. This includes: food assistance; rent, mortgage, or utility assistance; counseling and legal aid to prevent eviction or homelessness; cash assistance (discussed below); emergency assistance for burials, home repairs, weatherization, or other needs; internet access or digital literacy assistance; or job training to address negative economic or public health impacts experienced due to a worker's occupation or level of training. As discussed above, in considering whether a potential use is eligible under this category, a recipient must consider whether, and the extent to which, the household has experienced a negative economic impact from the pandemic. In assessing whether a household or population experienced economic harm as a result of the pandemic, a recipient may presume that a household or population that experienced unemployment or increased food or housing insecurity or is low- or moderate -income experienced negative economic impacts resulting from the pandemic. For example, a cash transfer program may focus on unemployed workers or low- and moderate -income families, which have faced disproportionate economic harms due to the pandemic. Cash transfers must be reasonably proportional to the negative economic impact they are intended to address. Cash transfers grossly in excess of the amount needed to address the negative economic impact identified by the recipient would not be considered to be a response to the COVID-19 public health emergency or its negative impacts. In r N O N particular, when considering the appropriate size of permissible cash transfers o LO 0 made in response to the COVID-19 public health emergency, State, local and c as E 33 Q Packet Pg. 362 8.1.c Tribal governments may consider and take guidance from the per person amounts previously provided by the Federal government in response to the COVID-19 crisis. Cash transfers that are grossly in excess of such amounts would be outside the scope of eligible uses under section 602(c)(1)(A) and 603(c)(1)(A) and could be subject to recoupment. In addition, a recipient could provide survivor's benefits to surviving family members of COVID-19 victims, or cash assistance to widows, widowers, and dependents of eligible COVID-19 victims. Expenses to Improve Efficacy of Economic Relief Programs. State, local, and Tribal governments may use payments from the Fiscal Recovery Funds to improve efficacy of programs addressing negative economic impacts, including through use of data analysis, targeted consumer outreach, improvements to data or technology infrastructure, and impact evaluations. Small Businesses and Non profits. As discussed above, small businesses and non- profits faced significant challenges in covering payroll, mortgages or rent, and other operating costs as a result of the public health emergency and measures taken to contain the spread of the virus. State, local, and Tribal governments may provide assistance to small businesses to adopt safer operating procedures, weather periods of closure, or mitigate financial hardship resulting from the COVID-19 public health emergency, including: o Loans or grants to mitigate financial hardship such as declines in revenues or impacts of periods of business closure, for example by supporting N 0 N payroll and benefits costs, costs to retain employees, mortgage, rent, or o LO 0 utilities costs, and other operating costs; as E 34 Q Packet Pg. 363 8.1.c o Loans, grants, or in -kind assistance to implement COVID-19 prevention or mitigation tactics, such as physical plant changes to enable social distancing, enhanced cleaning efforts, barriers or partitions, or COVID-19 vaccination, testing, or contact tracing programs; and o Technical assistance, counseling, or other services to assist with business planning needs. As discussed above, these services should respond to the negative economic impacts of COVID-19. Recipients may consider additional criteria to target assistance to businesses in need, including small businesses. Such criteria may include businesses facing financial insecurity, substantial declines in gross receipts (e.g., comparable to measures used to assess eligibility for the Paycheck Protection Program), or other economic harm due to the pandemic, as well as businesses with less capacity to weather financial hardship, such as the smallest businesses, those with less access to credit, or those serving disadvantaged communities. Recipients should consider local economic conditions and business data when establishing such criteria.87 • Rehiring State, Local, and Tribal Government Staff. State, local, and Tribal governments continue to see pandemic impacts in overall staffing levels: State, local, and Tribal government employment remains more than 1 million jobs lower T N O N CD87 See Federal Reserve Bank of Cleveland, An Uphill Battle: COVID-19's Outsized Toll on Minority - CD Owned Firms (Oct. 8, 2020), https://www.clevelandfed.org/newsroom-and- 0 events/publications/community-development-briefs/db-20201008-misera-report.aspx (discussing the c impact of COVID-19 on minority owned businesses). E z 35 cc Q Packet Pg. 364 8.1.c in April 2021 than prior to the pandemic.88 Employment losses decrease a state or local government's ability to effectively administer services. Thus, the Interim Final Rule includes as an eligible use payroll, covered benefits, and other costs associated with rehiring public sector staff, up to the pre -pandemic staffing level of the government. • Aid to Impacted Industries. Sections 602(c)(1)(A) and 603(c)(1)(A) recognize that certain industries, such as tourism, travel, and hospitality, were disproportionately and negatively impacted by the COVID-19 public health emergency. Aid provided to tourism, travel, and hospitality industries should respond to the negative economic impacts of the pandemic on those and similarly impacted industries. For example, aid may include assistance to implement COVID-19 mitigation and infection prevention measures to enable safe resumption of tourism, travel, and hospitality services, for example, improvements to ventilation, physical barriers or partitions, signage to facilitate social distancing, provision of masks or personal protective equipment, or consultation with infection prevention professionals to develop safe reopening plans. Aid may be considered responsive to the negative economic impacts of the pandemic if it supports businesses, attractions, business districts, and Tribal development districts operating prior to the pandemic and affected by required T N O N as U.S. Bureau of Labor Statistics, All Employees, State Government [CES9092000001] and All CD LO Employees, Local Government [CES9093000001], retrieved from FRED, Federal Reserve Bank of St. c Louis, https://fred.stlouisfed.org/series/CES9092000001 and c https://fred.stlouisfed.org/series/CES9093000001 (last visited May 8, 2021). E z 36 cc Q Packet Pg. 365 8.1.c closures and other efforts to contain the pandemic. For example, a recipient may provide aid to support safe reopening of businesses in the tourism, travel, and hospitality industries and to business districts that were closed during the COVID- 19 public health emergency, as well as aid for a planned expansion or upgrade of tourism, travel, and hospitality facilities delayed due to the pandemic. When considering providing aid to industries other than tourism, travel, and hospitality, recipients should consider the extent of the economic impact as compared to tourism, travel, and hospitality, the industries enumerated in the statute. For example, on net, the leisure and hospitality industry has experienced an approximately 24 percent decline in revenue and approximately 17 percent decline in employment nationwide due to the COVID-19 public health emergency. 89 Recipients should also consider whether impacts were due to the COVID-19 pandemic, as opposed to longer -term economic or industrial trends unrelated to the pandemic. To facilitate transparency and accountability, the Interim Final Rule requires that State, local, and Tribal governments publicly report assistance provided to private -sector businesses under this eligible use, including tourism, travel, hospitality, and other impacted industries, and its connection to negative 89 From February 2020 to April 2021, employment in "Leisure and hospitality" has fallen by o` approximately 17 percent. See U.S. Bureau of Labor Statistics, All Employees, Leisure and Hospitality, v T retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/USLAH (last c visited May 8, 2021). From 2019Q4 to 2020Q4, gross output (e.g. revenue) in arts, entertainment, N 0 recreation, accommodation, and food services has fallen by approximately 24 percent. See Bureau of LO Economic Analysis, News Release: Gross Domestic Product (Third Estimate), Corporate Profits, and c GDP by Industry, Fourth Quarter and Year 2020 (Mar. 25, 2021), Table 17, c https://www.bea.gov/sites/default/files/2021-03/gdp4g20_3rd.pd£ E z 37 cc Q Packet Pg. 366 8.1.c economic impacts of the pandemic. Recipients also should maintain records to support their assessment of how businesses or business districts receiving assistance were affected by the negative economic impacts of the pandemic and how the aid provided responds to these impacts. As discussed above, economic disparities that existed prior to the COVID-19 public health emergency amplified the impact of the pandemic among low-income and minority groups. These families were more likely to face housing, food, and financial insecurity; are over- represented among low -wage workers; and many have seen their livelihoods deteriorate further during the pandemic and economic contraction. In recognition of the disproportionate negative economic impacts on certain communities and populations, the Interim Final Rule identifies services and programs that will be presumed to be responding to the negative economic impacts of the COVID-19 public health emergency when provided in these communities. Specifically, Treasury will presume that certain types of services, outlined below, are eligible uses when provided in a QCT, to families and individuals living in QCTs, or when these services are provided by Tribal governments.90 Recipients may also provide these services to other populations, households, or geographic areas disproportionately impacted by the pandemic In identifying these disproportionately impacted communities, recipients should be able to support their determination that the pandemic resulted in disproportionate public health or economic outcomes to the specific populations, households, or geographic areas to be served. The Interim Final Rule identifies a non-exclusive list of uses that address the disproportionate negative economic effects of the COVID-19 public health emergency, including: 90 HUD, supra note 48. WV T N O N O 7 LO O C E z Q Packet Pg. 367 8.1.c Building Stronger Communities through Investments in Housing and Neighborhoods. The economic impacts of COVID-19 have likely been most acute in lower -income neighborhoods, including concentrated areas of high unemployment, limited economic opportunity, and housing insecurity.91 Services in this category alleviate the immediate economic impacts of the COVID-19 pandemic on housing insecurity, while addressing conditions that contributed to poor public health and economic outcomes during the pandemic, namely concentrated areas with limited economic opportunity and inadequate or poor -quality housing.92 Eligible services include: ■ Services to address homelessness such as supportive housing, and to improve access to stable, affordable housing among unhoused individuals; ■ Affordable housing development to increase supply of affordable and high -quality living units; and ■ Housing vouchers, residential counseling, or housing navigation assistance to facilitate household moves to neighborhoods with high levels of economic opportunity and mobility for low-income residents, to help residents increase their economic opportunity and reduce concentrated areas of low economic opportunity.93 91 Stuart M. Butler & Jonathan Grabinsky, Tackling the legacy of persistent urban inequality and concentrated poverty, Brookings Institution (Nov. 16, 2020), https://www.brookings.edu/blog/up- front/2020/ 11 / 16/tackling-the-legacy-of-persistent-urban-inequality-and-concentrated-poverty/. 92 U.S. Department of Health and Human Services (HHS), Office of Disease Prevention and Health v Promotion, Quality of Housing, https://www.healthypeople.gov/2020/topics-objectives/topic/social- N determinants-health/interventions-resources/quality-of-housing#11 (last visited Apr. 26, 2021). N 0 9s The Opportunity Atlas, https://www.opportunityatlas.org/ (last visited Apr. 26, 2021); Raj Chetty & Ln Nathaniel Hendren, The Impacts of Neighborhoods on Intergenerational Mobility I: Childhood Exposure 0 Effects, Quarterly J. of Econ. 133(3):1107-162 (2018), available at c https://opportunityinsights.org/paper/neighborhoodsi/. E z 39 Q Packet Pg. 368 8.1.c o Addressing Educational Disparities. As outlined above, school closures and the transition to remote education raised particular challenges for lower -income students, potentially exacerbating educational disparities, while increases in economic hardship among families could have long-lasting impacts on children's educational and economic prospects. Services under this prong would enhance educational supports to help mitigate impacts of the pandemic. Eligible services include: ■ New, expanded, or enhanced early learning services, including pre -kindergarten, Head Start, or partnerships between pre -kindergarten programs and local education authorities, or administration of those services; ■ Providing assistance to high -poverty school districts to advance equitable funding across districts and geographies; ■ Evidence -based educational services and practices to address the academic needs of students, including tutoring, summer, afterschool, and other extended learning and enrichment programs; and ■ Evidence -based practices to address the social, emotional, and mental health needs of students; o Promoting Healthy Childhood Environments. Children's economic and family circumstances have a long-term impact on their future economic outcomes.94 Increases in economic hardship, material insecurity, and parental stress and behavioral health challenges all raise the risk of long-term harms to today's children due to the pandemic. Eligible services to address this challenge include: 94 See supra notes 52 and 84. .M T N O N O 7 LO O a 0 E z Q Packet Pg. 369 8.1.c ■ New or expanded high -quality childcare to provide safe and supportive care for children; ■ Home visiting programs to provide structured visits from health, parent educators, and social service professionals to pregnant women or families with young children to offer education and assistance navigating resources for economic support, health needs, or child development; and ■ Enhanced services for child welfare -involved families and foster youth to provide support and training on child development, positive parenting, coping skills, or recovery for mental health and substance use challenges. State, local, and Tribal governments are encouraged to use payments from the Fiscal Recovery Funds to respond to the direct and immediate needs of the pandemic and its negative economic impacts and, in particular, the needs of households and businesses that were disproportionately and negatively impacted by the public health emergency. As highlighted above, low-income communities and workers and people of color have faced more severe health and economic outcomes during the pandemic, with pre-existing social vulnerabilities like low - wage or insecure employment, concentrated neighborhoods with less economic opportunity, and pre-existing health disparities likely contributing to the magnified impact of the pandemic. The Fiscal Recovery Funds provide resources to not only respond to the immediate harms of the pandemic but also to mitigate its longer -term impact in compounding the systemic public health and economic challenges of disproportionately impacted populations. Treasury encourages recipients to consider funding uses that foster a strong, inclusive, and equitable recovery, r N O N especially uses with long-term benefits for health and economic outcomes. c LO 0 c m E t 41 Q Packet Pg. 370 8.1.c Uses Outside the Scope of this Category. Certain uses would not be within the scope of this eligible use category, although may be eligible under other eligible use categories. A general infrastructure project, for example, typically would not be included unless the project responded to a specific pandemic public health need (e.g., investments in facilities for the delivery of vaccines) or a specific negative economic impact like those described above (e.g., affordable housing in a QCT). The ARPA explicitly includes infrastructure if it is "necessary" and in water, sewer, or broadband. See Section ILD of this Supplementary Information. State, local, and Tribal governments also may use the Fiscal Recovery Funds under sections 602(c)(1)(C) or 603(c)(1)(C) to provide "government services" broadly to the extent of their reduction in revenue. See Section ILC of this Supplementary Information. This category of eligible uses also would not include contributions to rainy day funds, financial reserves, or similar funds. Resources made available under this eligible use category are intended to help meet pandemic response needs and provide relief for households and businesses facing near- and long-term negative economic impacts. Contributions to rainy day funds and similar financial reserves would not address these needs or respond to the COVID-19 public health emergency but would rather constitute savings for future spending needs. Similarly, this eligible use category would not include payment of interest or principal on outstanding debt instruments, including, for example, short-term revenue or tax anticipation notes, or other debt service costs. As discussed below, payments from the Fiscal Recovery Funds are intended to be used prospectively and the Interim Final Rule precludes use of these funds to cover the costs of debt incurred prior to March 3, 2021. Fees or issuance costs r N O N associated with the issuance of new debt would also not be covered using payments from the c Ln 0 Fiscal Recovery Funds because such costs would not themselves have been incurred to address a� E 42 cc Q Packet Pg. 371 8.1.c the needs of pandemic response or its negative economic impacts. The purpose of the Fiscal Recovery Funds is to provide fiscal relief that will permit State, local, and Tribal governments to continue to respond to the COVID-19 public health emergency. For the same reasons, this category of eligible uses would not include satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring plan in a judicial, administrative, or regulatory proceeding, except to the extent the judgment or settlement requires the provision of services that would respond to the COVID-19 public health emergency. That is, satisfaction of a settlement or judgment would not itself respond to COVID-19 with respect to the public health emergency or its negative economic impacts, unless the settlement requires the provision of services or aid that did directly respond to these needs, as described above. In addition, as described in Section V.III of this Supplementary Information, Treasury will establish reporting and record keeping requirements for uses within this category, including enhanced reporting requirements for certain types of uses. Question 1: Are there other types of services or costs that Treasury should consider as eligible uses to respond to the public health impacts of COVID-19? Describe how these respond to the COVID-19 public health emergency. Question 2: The Interim Final Rule permits coverage of payroll and benefits costs of public health and safety staff primarily dedicated to COVID-19 response, as well as rehiring of public sector staff up to pre pandemic levels. For how long should these measures remain in place? What other measures or presumptions might Treasury consider to assess the extent to which r N O N public sector staff are engaged in COVID-19 response, and therefore reimbursable, in an easily- o LO 0 administrable manner? c a) E 43 Q Packet Pg. 372 8.1.c Question 3: The Interim Final Rule permits rehiring of public sector staff up to the government's pre pandemic staffing level, which is measured based on employment as of January 27, 2021. Does this approach adequately measure the pre pandemic staffing level in a manner that is both accurate and easily administrable? Why or why not? Question 4: The Interim Final Rule permits deposits to Unemployment Insurance Trust Funds, or using funds to pay back advances, up to the pre pandemic balance. What, if any, conditions should be considered to ensure that funds repair economic impacts of the pandemic and strengthen unemployment insurance systems? Question S: Are there other types of services or costs that Treasury should consider as eligible uses to respond to the negative economic impacts of COVID-19? Describe how these respond to the COVID-19 public health emergency. Question 6: What other measures, presumptions, or considerations could be used to assess "impacted industries " affected by the COVID-19 public health emergency? Question 7: What are the advantages and disadvantages of using Qualified Census Tracts and services provided by Tribal governments to delineate where a broader range of eligible uses are presumed to be responsive to the public health and economic impacts of COVID-19? What other measures might Treasury consider? Are there other populations or geographic areas that were disproportionately impacted by the pandemic that should be explicitly included? Question 8: Are there other services or costs that Treasury should consider as eligible uses to respond to the disproportionate impacts of COVID-19 on low-income populations and communities? Describe how these respond to the COVID-19 public health emergency or its r N O N negative economic impacts, including its exacerbation of pre-existing challenges in these areas. o LO 0 c m E t 44 Q Packet Pg. 373 8.1.c Question 9: The Interim Final Rule includes eligible uses to support affordable housing and stronger neighborhoods in disproportionately -impacted communities. Discuss the advantages and disadvantages of explicitly including other uses to support affordable housing and stronger neighborhoods, including rehabilitation of blighted properties or demolition of abandoned or vacant properties. In what ways does, or does not, this potential use address public health or economic impacts of the pandemic? What considerations, if any, could support use of Fiscal Recovery Funds in ways that do not result in resident displacement or loss of affordable housing units? B. Premium Pay Fiscal Recovery Funds payments may be used by recipients to provide premium pay to eligible workers performing essential work during the COVID-19 public health emergency or to provide grants to third -parry employers with eligible workers performing essential work.95 These are workers who have been and continue to be relied on to maintain continuity of operations of essential critical infrastructure sectors, including those who are critical to protecting the health and wellbeing of their communities. Since the start of the COVID-19 public health emergency in January 2020, essential workers have put their physical wellbeing at risk to meet the daily needs of their communities and to provide care for others. In the course of this work, many essential workers have contracted or died of COVID-19.96 Several examples reflect the severity of the health impacts 9s §§602(c)(1)(B), 603(c)(1)(B) of the Act. N 0 96 See, e.g., Centers for Disease Control and Prevention, COVID Data Tracker: Cases & Death among c Healthcare Personnel, https:Hcovid.cdc.gov/covid-data-tracker/#health-care-personnel (last visited May 4, Ui 2021); Centers for Disease Control and Prevention, COVID Data Tracker: Confirmed COVID-19 Cases c and Deaths among Staff and Rate per 1,000 Resident -Weeks in Nursing Homes, by Week — United States, c https://covid.cdc.gov/covid-data-tracker/#nursing-home-staff (last visited May 4, 2021). E z 45 Q Packet Pg. 374 8.1.c for essential workers. Meat processing plants became "hotspots" for transmission, with 700 new cases reported at a single plant on a single day in May 2020.97 In New York City, 120 employees of the Metropolitan Transit Authority were estimated to have died due to COVID-19 by mid -May 2020, with nearly 4,000 testing positive for the virus.98 Furthermore, many essential workers are people of color or low -wage workers.99 These workers, in particular, have borne a disproportionate share of the health and economic impacts of the pandemic. Such workers include: • Staff at nursing homes, hospitals, and home care settings; • Workers at farms, food production facilities, grocery stores, and restaurants; • Janitors and sanitation workers; • Truck drivers, transit staff, and warehouse workers; • Public health and safety staff; • Childcare workers, educators, and other school staff; and • Social service and human services staff. During the public health emergency, employers' policies on COVID- I 9-related hazard pay have varied widely, with many essential workers not yet compensated for the heightened 97 See, e.g., The Lancet, The plight of essential workers during the COVID-19 pandemic, Vol. 395, Issue 10237:1587 (May 23, 2020), available at https://www.thelancet.com/joumals/lancet/article/PIIS0140- 6736%2820%2931200-9/fulltext. 9s Id. 99 Joanna Gaitens et al., Covid-19 and essential workers: A narrative review of health outcomes and moral T injury, Int'l J. of Envtl. Research and Pub. Health 18(4):1446 (Feb. 4, 2021), available at c https://pubmed.ncbi.nlm.nih.gov/33557075/; Tiana N. Rogers et al., Racial Disparities in COVID-19 N 0 Mortality Among Essential Workers in the United States, World Med. & Health policy 12(3):311-27 Au 5 2020) available at ht s //onlinelibra wile com/doi/full/10.1002/wmh3.358 (finding that Q (Aug. � � rY• Y• ( g Q vulnerability to coronavirus exposure was increased among non -Hispanic blacks, who disproportionately c occupied the top nine essential occupations). E z 46 cc Q Packet Pg. 375 8.1.c risks they have faced and continue to face. "' Many of these workers earn lower wages on average and live in socioeconomically vulnerable communities as compared to the general population.101 A recent study found that 25 percent of essential workers were estimated to have low household income, with 13 percent in high -risk households.102 The low pay of many essential workers makes them less able to cope with the financial consequences of the pandemic or their work -related health risks, including working hours lost due to sickness or disruptions to childcare and other daily routines, or the likelihood of COVID-19 spread in their households or communities. Thus, the threats and costs involved with maintaining the ongoing operation of vital facilities and services have been, and continue to be, borne by those that are often the most vulnerable to the pandemic. The added health risk to essential workers is one prominent way in which the pandemic has amplified pre-existing socioeconomic inequities. The Fiscal Recovery Funds will help respond to the needs of essential workers by allowing recipients to remunerate essential workers for the elevated health risks they have faced and continue to face during the public health emergency. To ensure that premium pay is targeted to workers that faced or face heightened risks due to the character of their work, the Interim Final Rule defines essential work as work involving regular in -person interactions or regular physical handling of items that were also handled by others. A worker would not be engaged in essential work and, accordingly may not receive premium pay, for telework performed from a residence. T '0' Economic Policy Institute, Only 30% of those working outside their home are receiving hazard pay c (June 16, 2020), https://www.epi.org/press/only-30-of-those-working-outside-their-home-are-receiving- c hazard-pay-black-and-hispanic-workers-are-most-concerned-about-bringing-the-coronavirus-home/. 7 0 101 McCormack, supra note 37. 102 Id. 0 E z 47 Q Packet Pg. 376 8.1.c Sections 602(g)(2) and 603(g)(2) define eligible worker to mean "those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each Governor of a State or territory, or each Tribal government, may designate as critical to protect the health and well-being of the residents of their State, territory, or Tribal government."103 The rule incorporates this definition and provides a list of industries recognized as essential critical infrastructure sectors.104 These sectors include healthcare, public health and safety, childcare, education, sanitation, transportation, and food production and services, among others as noted above. As provided under sections 602(g)(2) and 603(g)(2), the chief executive of each recipient has discretion to add additional sectors to this list, so long as additional sectors are deemed critical to protect the health and well-being of residents. In providing premium pay to essential workers or grants to eligible employers, a recipient must consider whether the pay or grant would "respond to" to the worker or workers performing essential work. Premium pay or grants provided under this section respond to workers performing essential work if it addresses the heightened risk to workers who must be physically present at a jobsite and, for many of whom, the costs associated with illness were hardest to bear financially. Many of the workers performing critical essential services are low- or moderate - income workers, such as those described above. The ARPA recognizes this by defining premium pay to mean an amount up to $13 per hour in addition to wages or remuneration the worker otherwise receives and in an aggregate amount not to exceed $25,000 per eligible worker To ensure the provision is implemented in a manner that compensates these workers, the Interim T N O N O 103 §§602(g)(2), 603(g)(2) of the Act. c 10' The list of critical infrastructure sectors provided in the Interim Final Rule is based on the list of c CD essential workers under The Heroes Act, H.R. 6800, 116th Cong. (2020). E z 48 Q Packet Pg. 377 8.1.c Final Rule provides that any premium pay or grants provided using the Fiscal Recovery Funds should prioritize compensation of those lower income eligible workers that perform essential work. As such, providing premium pay to eligible workers responds to such workers by helping address the disparity between the critical services and risks taken by essential workers and the relatively low compensation they tend to receive in exchange. If premium pay would increase a worker's total pay above 150 percent of their residing state's average annual wage for all occupations, as defined by the Bureau of Labor Statistics' Occupational Employment and Wage Statistics, or their residing county's average annual wage, as defined by the Bureau of Labor Statistics' Occupational Employment and Wage Statistics, whichever is higher, on an annual basis, the State, local, or Tribal government must provide Treasury and make publicly available, whether for themselves or on behalf of a grantee, a written justification of how the premium pay or grant is responsive to workers performing essential worker during the public health emergency. 1 os The threshold of 150 percent for requiring additional written justification is based on an analysis of the distribution of labor income for a sample of 20 occupations that generally correspond to the essential workers as defined in the Interim Final Rule.106 For these 105 County median annual wage is taken to be that of the metropolitan or nonmetropolitan area that includes the county. See U.S. Bureau of Labor Statistics, State Occupational Employment and Wage o Estimates, https://www.bls.gov/oes/current/oessrest.htm (last visited May 1, 2021); U.S. Bureau of Labor v Statistics, May 2020 Metropolitan and Nonmetropolitan Area Estimates listed by county or town, N https://www.bls.gov/oes/current/county_links.htm (last visited May 1, 2021). N 0 106 Treasury performed this analysis with data from the U.S. Census Bureau's 2019 Annual Social and Ln Economic Supplement. In determining which occupations to include in this analysis, Treasury excluded c management and supervisory positions, as such positions may not necessarily involve regular in -person c interactions or physical handling of items to the same extent as non -managerial positions. E z 49 Q Packet Pg. 378 8.1.c occupations, labor income for the vast majority of workers was under 150 percent of average annual labor income across all occupations. Treasury anticipates that the threshold of 150 percent of the annual average wage will be greater than the annual average wage of the vast majority of eligible workers performing essential work. These enhanced reporting requirements help to ensure grants are directed to essential workers in critical infrastructure sectors and responsive to the impacts of the pandemic observed among essential workers, namely the mis- alignment between health risks and compensation. Enhanced reporting also provides transparency to the public. Finally, using a localized measure reflects differences in wages and cost of living across the country, making this standard administrable and reflective of essential worker incomes across a diverse range of geographic areas. Furthermore, because premium pay is intended to compensate essential workers for heightened risk due to COVID-19, it must be entirely additive to a worker's regular rate of wages and other remuneration and may not be used to reduce or substitute for a worker's normal earnings. The definition of premium pay also clarifies that premium pay may be provided retrospectively for work performed at any time since the start of the COVID-19 public health emergency, where those workers have yet to be compensated adequately for work previously performed.107 Treasury encourages recipients to prioritize providing retrospective premium pay where possible, recognizing that many essential workers have not yet received additional compensation for work conducted over the course of many months. Essential workers who have already earned premium pay for essential work performed during the COVID-19 public health T N O N O 7 LO lo' However, such compensation must be "in addition to" remuneration or wages already received. That c is, employers may not reduce such workers' current pay and use Fiscal Recovery Funds to compensate c themselves for premium pay previously provided to the worker. E z 50 Q Packet Pg. 379 8.1.c emergency remain eligible for additional payments, and an essential worker may receive both retrospective premium pay for prior work as well as prospective premium pay for current or ongoing work. To ensure any grants respond to the needs of essential workers and are made in a fair and transparent manner, the rule imposes some additional reporting requirements for grants to third - party employers, including the public disclosure of grants provided. See Section VIII of this Supplementary Information, discussing reporting requirements. In responding to the needs of essential workers, a grant to an employer may provide premium pay to eligible workers performing essential work, as these terms are defined in the Interim Final Rule and discussed above. A grant provided to an employer may also be for essential work performed by eligible workers pursuant to a contract. For example, if a municipality contracts with a third party to perform sanitation work, the third -party contractor could be eligible to receive a grant to provide premium pay for these eligible workers. Question 10: Are there additional sectors beyond those listed in the Interim Final Rule that should be considered essential critical infrastructure sectors? Question 11: What, if any, additional criteria should Treasury consider to ensure that premium pay responds to essential workers? Question 12: What consideration, if any, should be given to the criteria on salary threshold, including measure and level, for requiring written justification? C. Revenue Loss Recipients may use payments from the Fiscal Recovery Funds for the provision of r N O N government services to the extent of the reduction in revenue experienced due to the COVID-19 0 LO 0 c 0 E t 51 Q Packet Pg. 380 8.1.c public health emergency.108 Pursuant to sections 602(c)(1)(C) and 603(c)(1)(C) of the Act, a recipient's reduction in revenue is measured relative to the revenue collected in the most recent full fiscal year prior to the emergency. Many State, local, and Tribal governments are experiencing significant budget shortfalls, which can have a devastating impact on communities. State government tax revenue from major sources were down 4.3 percent in the six months ended September 2020, relative to the same period 2019.109 At the local level, nearly 90 percent of cities have reported being less able to meet the fiscal needs of their communities and, on average, cities expect a double-digit decline in general fund revenues in their fiscal year 202 1. 110 Similarly, surveys of Tribal governments and Tribal enterprises found majorities of respondents reporting substantial cost increases and revenue decreases, with Tribal governments reporting reductions in healthcare, housing, social services, and economic development activities as a result of reduced revenues."' These budget shortfalls are particularly problematic in the current environment, as State, local, and Tribal governments work to mitigate and contain the COVID-19 pandemic and help citizens weather the economic downturn. 108 ARPA, supra note 16. 109 Major sources include personal income tax, corporate income tax, sales tax, and property tax. See Lucy Dadayan., States Reported Revenue Growth in July- — September Quarter, Reflecting Revenue Shifts c from the Prior Quarter, State Tax and Econ. Rev. (Q. 3, 2020), available at o` https://www.urban.org/sites/default/files/publication/103938/state-tax-and-economic-review-2020- v T g3_O.pdf c N i i0 National League of Cities, City Fiscal Conditions (2020), available at https://www.nlc.org/wp- o content/uploads/2020/08/City_Fiscal_Conditions _2020_FINAL.pdf c Surveys conducted by the Center for Indian Country Development at the Federal Reserve Bank of c Minneapolis in March, April, and September 2020. See Moreno & Sobrepena, supra note 73. E z 52 cc Q Packet Pg. 381 8.1.c Further, State, local, and Tribal government budgets affect the broader economic recovery. During the period following the 2007-2009 recession, State and local government budget pressures led to fiscal austerity that was a significant drag on the overall economic recovery.112 Inflation -adjusted State and local government revenue did not return to the previous peak until 2013,113 while State, local, and Tribal government employment did not recover to its prior peak for over a decade, until August 2019 —just a few months before the COVID-19 public health emergency began.114 Sections 602(c)(1)(C) and 603(c)(1)(C) of the Act allow recipients facing budget shortfalls to use payments from the Fiscal Recovery Funds to avoid cuts to government services and, thus, enable State, local, and Tribal governments to continue to provide valuable services and ensure that fiscal austerity measures do not hamper the broader economic recovery. The Interim Final Rule implements these provisions by establishing a definition of "general revenue" for purposes of calculating a loss in revenue and by providing a methodology for calculating revenue lost due to the COVID-19 public health emergency. 112 See, e.g., Fitzpatrick, Haughwout & Setren, Fiscal Drag from the State and Local Sector?, Liberty Street Economics Blog, Federal Reserve Bank of New York (June 27, 2012), https://www.libertystreeteconomics.newyorkfed. org/2012/06/fiscal-drag-from-the-state-and-local- sector.html; Jiri Jonas, Great Recession and Fiscal Squeeze at U.S. Subnational Government Level, IMF Working Paper 12/184, (July 2012), available at https://www.imf.org/extemal/pubs/ft/wp/2012/wpl2l84.pdf; Gordon, supra note 9. 113 State and local government general revenue from own sources, adjusted for inflation using the GDP v price index. U.S. Census Bureau, Annual Survey of State Government Finances and U.S. Bureau of N CD Economic Analysis, National Income and Product Accounts, N 114 0 U.S. Bureau of Labor Statistics, All Employees, State Government [CES9092000001] and All LO Employees, Local Government [CES9093000001], retrieved from FRED, Federal Reserve Bank of St. o Louis, https://fred.stlouisfed.org/series/CES9092000001 and c https://fred.stlouisfed.org/series/CES9093000001 (last visited Apr. 27, 2021). E z 53 Q Packet Pg. 382 8.1.c General Revenue. The Interim Final Rule adopts a definition of "general revenue" based largely on the components reported under "General Revenue from Own Sources" in the Census Bureau's Annual Survey of State and Local Government Finances, and for purposes of this Interim Final Rule, helps to ensure that the components of general revenue would be calculated in a consistent manner."' By relying on a methodology that is both familiar and comprehensive, this approach minimizes burden to recipients and provides consistency in the measurement of general revenue across a diverse set of recipients. The Interim Final Rule defines the term "general revenue" to include revenues collected by a recipient and generated from its underlying economy and would capture a range of different types of tax revenues, as well as other types of revenue that are available to support government services.116 In calculating revenue, recipients should sum across all revenue streams covered as general revenue. This approach minimizes the administrative burden for recipients, provides for greater consistency across recipients, and presents a more accurate representation of the overall impact of the COVID-19 public health emergency on a recipient's revenue, rather than relying 11' U.S. Census Bureau, Annual Survey of State and Local Government Finances, https://www.census.gov/programs-surveys/gov-finances.html (last visited Apr. 30, 2021). 116 The Interim Final Rule would define tax revenue in a manner consistent with the Census Bureau's T definition of tax revenue, with certain changes (i.e., inclusion of revenue from liquor stores and certain c intergovernmental transfers). Current charges are defined as "charges imposed for providing current c services or for the sale of products in connection with general government activities." It includes Ln revenues such as public education institution, public hospital, and toll revenues. Miscellaneous general c revenue comprises of all other general revenue of governments from their own sources (i.e., other than c liquor store utility, and insurance trust revenue) including rents royalties, lottery proceeds, and fines. E q � Y> g � Y � rY z 54 cc Q Packet Pg. 383 8.1.c on financial reporting prepared by each recipient, which vary in methodology used and which generally aggregates revenue by purpose rather than by source.117 Consistent with the Census Bureau's definition of "general revenue from own sources," the definition of general revenue in the Interim Final Rule would exclude refunds and other correcting transactions, proceeds from issuance of debt or the sale of investments, and agency or private trust transactions. The definition of general revenue also would exclude revenue generated by utilities and insurance trusts. In this way, the definition of general revenue focuses on sources that are generated from economic activity and are available to fund government services, rather than a fund or administrative unit established to account for and control a particular activity.118 For example, public utilities typically require financial support from the State, local, or Tribal government, rather than providing revenue to such government, and any revenue that is generated by public utilities typically is used to support the public utility's continued operation, rather than being used as a source of revenue to support government services generally. The definition of general revenue would include all revenue from Tribal enterprises, as this revenue is generated from economic activity and is available to fund government services. Tribes are not able to generate revenue through taxes in the same manner as State and local governments and, as a result, Tribal enterprises are critical sources of revenue for Tribal 11 Fund -oriented reporting, such as what is used under the Governmental Accounting Standards Board N (GASB), focuses on the types of uses and activities funded by the revenue, as opposed to the economic N activity from which the revenue is sourced. See Governmental Accounting Standards Series, Statement o No. 54 of the Governmental Accounting Standards Board: Fund Balance Reporting and Governmental c Fund Type Definitions, No. 287-B (Feb. 2009). c 11 g Supra note 116. E z 55 Q Packet Pg. 384 8.1.c governments that enable Tribal governments to provide a range of services, including elder care, health clinics, wastewater management, and forestry. Finally, the term "general revenue" includes intergovernmental transfers between State and local governments, but excludes intergovernmental transfers from the Federal government, including Federal transfers made via a State to a local government pursuant to the CRY or as part of the Fiscal Recovery Funds. States and local governments often share or collect revenue on behalf of one another, which results in intergovernmental transfers. When attributing revenue to a unit of government, the Census Bureau's methodology considers which unit of government imposes, collects, and retains the revenue and assigns the revenue to the unit of government that meets at least two of those three factors.119 For purposes of measuring loss in general revenue due to the COVID-19 public health emergency and to better allow continued provision of government services, the retention and ability to use the revenue is a more critical factor. Accordingly, and to better measure the funds available for the provision of government services, the definition of general revenue would include intergovernmental transfers from States or local governments other than funds transferred pursuant to ARPA, CRF, or another Federal program This formulation recognizes the importance of State transfers for local government revenue.120 Calculation of Loss. In general, recipients will compute the extent of the reduction in revenue by comparing actual revenue to a counterfactual trend representing what could have been expected to occur in the absence of the pandemic. This approach measures losses in T N 19 U.S. Census Bureau, Government Finance and Employment Classification Manual (Dec. 2000), N https://www2.census.gov/govs/class/classfull.pdf c izo LO For example, in 2018, state transfers to localities accounted for approximately 27 percent of local c revenues. U.S. Census Bureau, Annual Survey of State and Local Government Finances, Table 1 (2018),CD c https://www.census.gov/data/datasets/2018/econ/local/public-use-datasets.html. E z 56 Q Packet Pg. 385 8.1.c revenue relative to the most recent fiscal year prior to the COVID-19 public health emergency by using the most recent pre -pandemic fiscal year as the starting point for estimates of revenue growth absent the pandemic. In other words, the counterfactual trend starts with the last full fiscal year prior to the COVID-19 public health emergency and then assumes growth at a constant rate in the subsequent years. Because recipients can estimate the revenue shortfall at multiple points in time throughout the covered period as revenue is collected, this approach accounts for variation across recipients in the timing of pandemic impacts. 121 Although revenue may decline for reasons unrelated to the COVID-19 public health emergency, to minimize the administrative burden on recipients and taking into consideration the devastating effects of the COVID-19 public health emergency, any diminution in actual revenues relative to the counterfactual pre -pandemic trend would be presumed to have been due to the COVID-19 public health emergency. For purposes of measuring revenue growth in the counterfactual trend, recipients may use a growth adjustment of either 4.1 percent per year or the recipient's average annual revenue growth over the three full fiscal years prior to the COVID-19 public health emergency, whichever is higher. The option of 4.1 percent represents the average annual growth across all State and local government "General Revenue from Own Sources" in the most recent three years For example, following the 2007-09 recession, local government property tax collections did not begin T to decline until 2011, suggesting that property tax collection declines can lag downturns. See U.S. Bureau c of Economic Analysis, Personal current taxes: State and local: Property taxes [5210401A027NBEA], N 0 retrieved from Federal Reserve Economic Data, Federal Reserve Bank of St. Louis, Ln https:Hfred.stlouisfed.org/graph/?g=r3YI (last visited Apr. 22, 2021). Estimating the reduction in revenue c at points throughout the covered period will allow for this type of lagged effect to be taken into account c during the covered period. E z 57 Q Packet Pg. 386 8.1.c of available data.122 This approach provides recipients with a standardized growth adjustment when calculating the counterfactual revenue trend and thus minimizes administrative burden, while not disadvantaging recipients with revenue growth that exceeded the national average prior to the COVID-19 public health emergency by permitting these recipients to use their own revenue growth rate over the preceding three years. Recipients should calculate the extent of the reduction in revenue as of four points in time: December 31, 2020; December 31, 2021; December 31, 2022; and December 31, 2023. To calculate the extent of the reduction in revenue at each of these dates, recipients should follow a four -step process: • Step 1: Identify revenues collected in the most recent full fiscal year prior to the public health emergency (i.e., last full fiscal year before January 27, 2020), called the base year revenue. • Step 2: Estimate counterfactual revenue, which is equal to base year revenue * [(1 + growth adjustment) ^( n/12)], where n is the number of months elapsed since the end of the base year to the calculation date, and growth adjustment is the greater of 4.1 percent and the recipient's average annual revenue growth in the three full fiscal years prior to the COVID-19 public health emergency. • Step 3: Identify actual revenue, which equals revenues collected over the past twelve months as of the calculation date. izz Together with revenue from liquor stores from 2015 to 2018. This estimate does not include any c intergovernmental transfers. A recipient using the three-year average to calculate their growth adjustment N 0 must be based on the definition of general revenue, including treatment of intergovernmental transfers. LO 2015 — 2018 represents the most recent available data. See U.S. Census Bureau, State & Local c Government Finance Historical Datasets and Tables (2018), https://www.census.gov/programs- c surveys/gov-finances/data/datasets.html. E z 58 Q Packet Pg. 387 8.1.c • Step 4: The extent of the reduction in revenue is equal to counterfactual revenue less actual revenue. If actual revenue exceeds counterfactual revenue, the extent of the reduction in revenue is set to zero for that calculation date. For illustration, consider a hypothetical recipient with base year revenue equal to 100. In Step 2, the hypothetical recipient finds that 4.1 percent is greater than the recipient's average annual revenue growth in the three full fiscal years prior to the public health emergency. Furthermore, this recipient's base year ends June 30. In this illustration, n (months elapsed) and counterfactual revenue would be equal to: As of: 12/31 /2020 12/31 /2021 12/31 /2022 12/31 /2023 n (months elapsed) 18 30 42 54 Counterfactual 106.2 110.6 115.1 119.8 revenue: The overall methodology for calculating the reduction in revenue is illustrated in the figure below: 140 o Base year revenue Extent of reduction in revenue 130 Actual revenue (last twelve months) Counterfactual revenue 120 110 100 90 80 1� 'Jo �Q) 1N ri/ �'� N G u U U CD 04 LO O C CD E t 59 Q Packet Pg. 388 8.1.c Upon receiving Fiscal Recovery Fund payments, recipients may immediately calculate revenue loss for the period ending December 31, 2020. Sections 602(c)(1)(C) and 603(c)(1)(C) of the Act provide recipients with broad latitude to use the Fiscal Recovery Funds for the provision of government services. Government services can include, but are not limited to, maintenance or pay -go funded building 123 of infrastructure, including roads; modernization of cybersecurity, including hardware, software, and protection of critical infrastructure; health services; environmental remediation; school or educational services; and the provision of police, fire, and other public safety services. However, expenses associated with obligations under instruments evidencing financial indebtedness for borrowed money would not be considered the provision of government services, as these financing expenses do not directly provide services or aid to citizens. Specifically, government services would not include interest or principal on any outstanding debt instrument, including, for example, short-term revenue or tax anticipation notes, or fees or issuance costs associated with the issuance of new debt. For the same reasons, government services would not include satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding, except if the judgment or settlement required the provision of government services. That is, satisfaction of a settlement or judgment itself is not a government service, unless the settlement required the provision of government services. In addition, replenishing financial reserves (e.g., rainy day or other reserve funds) would not be considered provision of a T N O N O 7 LO O 123 Pay -go infrastructure funding refers to the practice of funding capital projects with cash -on -hand from c taxes, fees, grants, and other sources, rather than with borrowed sums. m E z 60 Q Packet Pg. 389 8.1.c government service, since such expenses do not directly relate to the provision of government services. Question 13: Are there sources of revenue that either should or should not be included in the Interim Final Rule's measure of "general revenue "for recipients? If so, discuss why these sources either should or should not be included. Question 14: In the Interim Final Rule, recipients are expected to calculate the reduction in revenue on an aggregate basis. Discuss the advantages and disadvantages of, and any potential concerns with, this approach, including circumstances in which it could be necessary or appropriate to calculate the reduction in revenue by source. Question 1 S: Treasury is considering whether to take into account other factors, including actions taken by the recipient as well as the expiration of the COVID-19 public health emergency, in determining whether to presume that revenue losses are "due to " the COVID-19 public health emergency. Discuss the advantages and disadvantages of this presumption, including when, if ever, during the covered period it would be appropriate to reevaluate the presumption that all losses are attributable to the COVID-19 public health emergency. Question 16: Do recipients anticipate lagged revenue effects of the public health emergency? If so, when would these lagged effects be expected to occur, and what can Treasury to do support these recipients through its implementation of the program? Question 17: In the Interim Final Rule, paying interest or principal on government debt is not considered provision of a government service. Discuss the advantages and disadvantages of this approach, including circumstances in which paying interest or principal on government debt r N O N could be considered provision of a government service. c LO 0 c m E t 61 Q Packet Pg. 390 8.1.c D. Investments in Infrastructure To assist in meeting the critical need for investments and improvements to existing infrastructure in water, sewer, and broadband, the Fiscal Recovery Funds provide funds to State, local, and Tribal governments to make necessary investments in these sectors. The Interim Final Rule outlines eligible uses within each category, allowing for a broad range of necessary investments in projects that improve access to clean drinking water, improve wastewater and stormwater infrastructure systems, and provide access to high -quality broadband service. Necessary investments are designed to provide an adequate minimum level of service and are unlikely to be made using private sources of funds. Necessary investments include projects that are required to maintain a level of service that, at least, meets applicable health -based standards, taking into account resilience to climate change, or establishes or improves broadband service to unserved or underserved populations to reach an adequate level to permit a household to work or attend school, and that are unlikely to be met with private sources of funds.124 It is important that necessary investments in water, sewer, or broadband infrastructure be carried out in ways that produce high -quality infrastructure, avert disruptive and costly delays, and promote efficiency. Treasury encourages recipients to ensure that water, sewer, and broadband projects use strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions, not only to promote effective and efficient delivery of high -quality infrastructure projects but also to support the economic recovery through strong employment opportunities for workers. Using these practices in construction projects may help to ensure a reliable supply of r N O N O 7 LO O 124 Treasury notes that using funds to support or oppose collective bargaining would not be included as c part of "necessary investments in water, sewer, or broadband infrastructure." E z 62 Q Packet Pg. 391 8.1.c skilled labor that would minimize disruptions, such as those associated with labor disputes or workplace injuries. To provide public transparency on whether projects are using practices that promote on - time and on -budget delivery, Treasury will seek information from recipients on their workforce plans and practices related to water, sewer, and broadband projects undertaken with Fiscal Recovery Funds. Treasury will provide additional guidance and instructions on the reporting requirements at a later date. 1. Water and Sewer Infrastructure The ARPA provides funds to State, local, and Tribal governments to make necessary investments in water and sewer infrastructure. "' By permitting funds to be used for water and sewer infrastructure needs, Congress recognized the critical role that clean drinking water and services for the collection and treatment of wastewater and stormwater play in protecting public health. Understanding that State, local, and Tribal governments have a broad range of water and sewer infrastructure needs, the Interim Final Rule provides these governments with wide latitude to identify investments in water and sewer infrastructure that are of the highest priority for their own communities, which may include projects on privately -owned infrastructure. The Interim Final Rule does this by aligning eligible uses of the Fiscal Recovery Funds with the wide range of types or categories of projects that would be eligible to receive financial assistance through the Environmental Protection Agency's (EPA) Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF).126 T N O N 121 §§ 602(c)(1)(D), 603(c)(1)(D) of the Act. o 126 LO Environmental Protection Agency, Drinking Water State Revolving fund, https://www.epa.gov/dwsrf c (last visited Apr. 30, 2021); Environmental Protection Agency, Clean Water State Revolving Fund, c https://www.epa.gov/cwsrf (last visited Apr. 30, 2021). E z 63 Q Packet Pg. 392 8.1.c Established by the 1987 amendments 127 to the Clean Water Act (CWA),121 the CWSRF provides financial assistance for a wide range of water infrastructure projects to improve water quality and address water pollution in a way that enables each State to address and prioritize the needs of their populations. The types of projects eligible for CWSRF assistance include projects to construct, improve, and repair wastewater treatment plants, control non -point sources of pollution, improve resilience of infrastructure to severe weather events, create green infrastructure, and protect waterbodies from pollution.129 Each of the 51 State programs established under the CWSRF have the flexibility to direct funding to their particular environmental needs, and each State may also have its own statutes, rules, and regulations that guide project eligibility."' 12' Water Quality Act of 1987, P.L. 100-4. c 0 iz' Federal Water Pollution Control Act as amended, codified at 33 U.S.C. §§ 1251 et. seq., common W name (Clean Water Act). In 2009, the American Recovery and Reinvestment Act created the Green Project Reserve, which increased the focus on green infrastructure, water and energy efficient, and A environmentally innovative projects. P.L. 111-5. The CWA was amended by the Water Resources Reform and Development Act of 2014 to further expand the CWSRF's eligibilities. P.L. 113-121. The U CWSRF's eligibilities were further expanded in 2018 by the America's Water Infrastructure Act of 2018, P.L. 115-270. 129 See Environmental Protection Agency, The Drinking Water State Revolving Funds: Financing +; America's Drinking Water, EPA-816-R-00-023 (Nov. 2000), https://nepis.epa.gov/Exe/ZyPDF.cgi/200024WB.PDF?Dockey--200024WB.PDF; See also Environmental Protection Agency, Learn About the Clean Water State Revolving Fund, https://www.epa.gov/cwsrf/leam-about-clean-water-state-revolving-fund-cwsrf (last visited Apr. 30, c 2021). o 0 `0 33 U.S.C. § 1383(c). See also Environmental Protection Agency, Overview of Clean Water State v T Revolving Fund Eligibilities(May 2016), https://www.epa.gov/sites/production/files/2016- c 07/documents/overview_of cwsrf_eligibilities_may_2016.pdf; Claudia Copeland, Clean Water Act: A N 0 Summary of the Law, Congressional Research Service (Oct. 18, 2016), Ln https://fas.org/sgp/crs/misc/RL30030.pdf; Jonathan L Ramseur, Wastewater Infrastructure: Overview, c Funding, and Legislative Developments, Congressional Research Service (May 22, 2018), c https:Hfas.org/sgp/crs/misc/R44963.pdf. E z 64 cc Q Packet Pg. 393 8.1.c The DWSRF was modeled on the CWSRF and created as part of the 1996 amendments to the Safe Drinking Water Act (SDWA),131 with the principal objective of helping public water systems obtain financing for improvements necessary to protect public health and comply with drinking water regulations.112 Like the CWSRF, the DWSRF provides States with the flexibility to meet the needs of their populations.133 The primary use of DWSRF funds is to assist communities in making water infrastructure capital improvements, including the installation and replacement of failing treatment and distribution systems.134 In administering these programs, States must give priority to projects that ensure compliance with applicable health and environmental safety requirements; address the most serious risks to human health; and assist systems most in need on a per household basis according to State affordability criteria.135 By aligning use of Fiscal Recovery Funds with the categories or types of eligible projects under the existing EPA state revolving fund programs, the Interim Final Rule provides recipients with the flexibility to respond to the needs of their communities while ensuring that investments in water and sewer infrastructure made using Fiscal Recovery Funds are necessary. As discussed above, the CWSRF and DWSRF were designed to provide funding for projects that protect public health and safety by ensuring compliance with wastewater and drinking water health 13142 U.S.C. 300j-12. 132 Environmental Protection Agency, Drinking Water State Revolving Fund Eligibility Handbook, (June •5 2017), https://www.epa.gov/sites/production/files/2017- 06/documents/dwsrf_eligibility_handbook june_13_2017_updated 508_version.pdf; Environmental Protection Agency, Drinking Water Infrastructure Needs Survey and Assessment: Sixth Report to v Congress (March 2018), https://www.epa.gov/sites/production/files/2018- N 10/documents/corrected sixth drinking_water_infrastructure needs_survey_and_assessment.pdf ". N O 133 Id LO 134 Id.OQ C 135 42 U.S.C. 300j-12(b)(3)(A). E z 65 Q Packet Pg. 394 8.1.c standards.136 The need to provide funding through the state revolving funds suggests that these projects are less likely to be addressed with private sources of funding; for example, by remediating failing or inadequate infrastructure, much of which is publicly owned, and by addressing non -point sources of pollution. This approach of aligning with the EPA state revolving fund programs also supports expedited project identification and investment so that needed relief for the people and communities most affected by the pandemic can deployed expeditiously and have a positive impact on their health and wellbeing as soon as possible. Further, the Interim Final Rule is intended to preserve flexibility for award recipients to direct funding to their own particular needs and priorities and would not preclude recipients from applying their own additional project eligibility criteria. In addition, responding to the immediate needs of the COVID-19 public health emergency may have diverted both personnel and financial resources from other State, local, and Tribal priorities, including projects to ensure compliance with applicable water health and quality standards and provide safe drinking and usable water.13' Through sections 602(c)(1)(D) and 603(c)(1)(D), the ARPA provides resources to address these needs. Moreover, using Fiscal Recovery Funds in accordance with the priorities of the CWA and SWDA to "assist systems most in need on a per household basis according to state affordability criteria" would also have 136 Environmental Protection Agency, Learn About the Clean Water State Revolving Fund, N https://www.epa.gov/cwsrf/learn-about-clean-water-state-revolving-fund-cwsrf (last visited Apr. 30, N 2021); 42 U.S.C. 300j-12. o 137 HLO ouse Committee on the Budget, State and Local Governments are in Dire Need of Federal Relief c (Aug. 19, 2020), https://budget.house.gov/publications/report/state-and-local-governments-are-dire-need- c m federal -relief. E z 66 Q Packet Pg. 395 8.1.c the benefit of providing vulnerable populations with safe drinking water that is critical to their health and, thus, their ability to work and learn.'38 Recipients may use Fiscal Recovery Funds to invest in a broad range of projects that improve drinking water infrastructure, such as building or upgrading facilities and transmission, distribution, and storage systems, including replacement of lead service lines. Given the lifelong impacts of lead exposure for children, and the widespread nature of lead service lines, Treasury encourages recipients to consider projects to replace lead service lines. Fiscal Recovery Funds may also be used to support the consolidation or establishment of drinking water systems. With respect to wastewater infrastructure, recipients may use Fiscal Recovery Funds to construct publicly owned treatment infrastructure, manage and treat stormwater or subsurface drainage water, facilitate water reuse, and secure publicly owned treatment works, among other uses. Finally, consistent with the CWSRF and DWSRF, Fiscal Recovery Funds may be used for cybersecurity needs to protect water or sewer infrastructure, such as developing effective cybersecurity practices and measures at drinking water systems and publicly owned treatment works. Many of the types of projects eligible under either the CWSRF or DWSRF also support efforts to address climate change. For example, by taking steps to manage potential sources of pollution and preventing these sources from reaching sources of drinking water, projects eligible under the DWSRF and the ARPA may reduce energy required to treat drinking water. Similarly, T N 0 138 Environmental Protection Agency, Drinking Water State Revolving Fund (Nov. 2019), c https://www.epa.gov/sites/production/files/2019-11/documents/fact sheet - _dwsrf overview_final_O.pdf; Environmental Protection Agency, National Benefits Analysis for CD 0 Drinking Water Regulations, https://www.epa.gov/sdwa/national-benefits-analysis-drinking-water- c regulations (last visited Apr. 30, 2020). E z 67 Q Packet Pg. 396 8.1.c projects eligible under the CWSRF include measures to conserve and reuse water or reduce the energy consumption of public water treatment facilities. Treasury encourages recipients to consider green infrastructure investments and projects to improve resilience to the effects of climate change. For example, more frequent and extreme precipitation events combined with construction and development trends have led to increased instances of stormwater runoff, water pollution, and flooding. Green infrastructure projects that support stormwater system resiliency could include rain gardens that provide water storage and filtration benefits, and green streets, where vegetation, soil, and engineered systems are combined to direct and filter rainwater from impervious surfaces. In cases of a natural disaster, recipients may also use Fiscal Recovery Funds to provide relief, such as interconnecting water systems or rehabilitating existing wells during an extended drought. Question 18: What are the advantages and disadvantages of aligning eligible uses with the eligible project type requirements of the DWSRF and CWSRF? What other water or sewer project categories, if any, should Treasury consider in addition to DWSRF and CWSRF eligible projects? Should Treasury consider a broader general category of water and sewer projects? Question 19: What additional water and sewer infrastructure categories, if any, should Treasury consider to address and respond to the needs of unserved, undeserved, or rural communities? How do these projects differ from DWSFR and CWSRF eligible projects? Question 20: What new categories of water and sewer infrastructure, if any, should Treasury consider to support State, local, and Tribal governments in mitigating the negative impacts of climate change? Discuss emerging technologies and processes that support resiliency r N O N of water and sewer infrastructure. Discuss any challenges faced by States and local o LO 0 governments when pursuing or implementing climate resilient infrastructure projects. a) E 68 Q Packet Pg. 397 8.1.c Question 21: Infrastructure projects related to dams and reservoirs are generally not eligible under the CWSRF and DWSRF categories. Should Treasury consider expanding eligible infrastructure under the Interim Final Rule to include dam and reservoir projects? Discuss public health, environmental, climate, or equity benefits and costs in expanding the eligibility to include these types of projects. 2. Broadband Infrastructure. The COVID-19 public health emergency has underscored the importance of universally available, high-speed, reliable, and affordable broadband coverage as millions of Americans rely on the internet to participate in, among critical activities, remote school, healthcare, and work. Recognizing the need for such connectivity, the AR -PA provides funds to State, territorial, local, and Tribal governments to make necessary investments in broadband infrastructure. The National Telecommunications and Information Administration (NTIA) highlighted the growing necessity of broadband in daily lives through its analysis of NTIA Internet Use Survey data, noting that Americans turn to broadband Internet access service for every facet of daily life including work, study, and healthcare.139 With increased use of technology for daily activities and the movement by many businesses and schools to operating remotely during the pandemic, broadband has become even more critical for people across the country to carry out their daily lives. T N O N O "9 See, e.g., https://www.ntia.gov/blog/2020/more-half-american-households-used-internet-health- 7 LO related-activities-2019-ntia-data-show; https://www.ntia.gov/blog/2020/nearly-third-american-employees- c worked-remotely-2019-ntia-data-show; and generally, https://www.ntia.gov/data/digital-nation-data- c explorer. E z 69 Q Packet Pg. 398 8.1.c By at least one measure, however, tens of millions of Americans live in areas where there is no broadband infrastructure that provides download speeds greater than 25 Mbps and upload speeds of 3 Mbps.140 By contrast, as noted below, many households use upload and download speeds of 100 Mbps to meet their daily needs. Even in areas where broadband infrastructure exists, broadband access may be out of reach for millions of Americans because it is unaffordable, as the United States has some of the highest broadband prices in the Organisation for Economic Co-operation and Development (OECD).14' There are disparities in availability as well; historically, Americans living in territories and Tribal lands as well as rural areas have disproportionately lacked sufficient broadband infrastructure.142 Moreover, rapidly growing demand has, and will likely continue to, quickly outpace infrastructure capacity, a phenomenon acknowledged by various states around the country that have set scalability requirements to account for this anticipated growth in demand.143 140 As an example, data from the Federal Communications Commission shows that as of June 2020, 9.07 percent of the U.S. population had no available cable or fiber broadband providers providing greater than 25 Mbps download speeds and 3 Mbps upload speeds. Availability was significantly less for rural versus urban populations, with 3 5.5 7 percent of the rural population lacking such access, compared with 2.57 percent of the urban population. Availability was also significantly less for tribal versus non -tribal populations, with 35.93 percent of the tribal population lacking such access, compared with 8.74 of the non -tribal population. Federal Communications Commission, Fixed Broadband Deployment, https:/Ibroadbandmap.fcc.gov/#/ (last visited May 9, 2021). 141 How Do U.S. Internet Costs Compare To The Rest Of The World?, BroadbandSearch Blog Post, available at https://www.broadbandsearch.net/blog/intemet-costs-compared-worldwide. 142 See, e.g., Federal Communications Commission, Fourteenth Broadband Deployment Report, available at https://docs.fcc.gov/public/attachments/FCC-21-18AI.pdf. 141 See, e.g., Illinois Department of Commerce & Economic Opportunity, Broadband Grants, h (last T visited May 9, 2021), https://www2.illinois.gov/dceo/Connectlllinois/Pages/BroadbandGrants.aspx; c Kansas Office of Broadband Development, Broadband Acceleration Grant, C! 0 https://www.kansascommerce.gov/wp-content/uploads/2020/11/Broadband-Acceleration-Grant.pdf (last visited May 9, 2021); New York State Association of Counties, Universal Broadband: Deploying High Q 0 Speed Internet Access in NYS (Jul. 2017), c https://www.nysac.org/files/BroadbandUpdateReport20l7(l).pdf. E z 70 cc Q Packet Pg. 399 8.1.c The Interim Final Rule provides that eligible investments in broadband are those that are designed to provide services meeting adequate speeds and are provided to unserved and underserved households and businesses. Understanding that States, territories, localities, and Tribal governments have a wide range of varied broadband infrastructure needs, the Interim Final Rule provides award recipients with flexibility to identify the specific locations within their communities to be served and to otherwise design the project. Under the Interim Final Rule, eligible projects are expected to be designed to deliver, upon project completion, service that reliably meets or exceeds symmetrical upload and download speeds of 100 Mbps. There may be instances in which it would not be practicable for a project to deliver such service speeds because of the geography, topography, or excessive costs associated with such a project. In these instances, the affected project would be expected to be designed to deliver, upon project completion, service that reliably meets or exceeds 100 Mbps download and between at least 20 Mbps and 100 Mbps upload speeds and be scalable to a minimum of 100 Mbps symmetrical for download and upload speeds.144 In setting these standards, Treasury identified speeds necessary to ensure that broadband infrastructure is sufficient to enable users to generally meet household needs, including the ability to support the simultaneous use of work, education, and health applications, and also sufficiently robust to meet increasing household demands for bandwidth. Treasury also recognizes that different communities and their members may have a broad range of internet needs and that those needs may change over time. 144 This scalability threshold is consistent with scalability requirements used in other jurisdictions. Id. 71 T N O N O 7 LO O C E z Q Packet Pg. 400 8.1.c In considering the appropriate speed requirements for eligible projects, Treasury considered estimates of typical households demands during the pandemic. Using the Federal Communication Commission's (FCC) Broadband Speed Guide, for example, a household with two telecommuters and two to three remote learners today are estimated to need 100 Mbps download to work simultaneously.145 In households with more members, the demands may be greater, and in households with fewer members, the demands may be less. In considering the appropriate speed requirements for eligible projects, Treasury also considered data usage patterns and how bandwidth needs have changed over time for U.S. households and businesses as people's use of technology in their daily lives has evolved. In the few years preceding the pandemic, market research data showed that average upload speeds in the United States surpassed over 10 Mbps in 2017146 and continued to increase significantly, with the average upload speed as of November, 2019 increasing to 48.41 Mbps,147 attributable, in part to a shift to using broadband and the internet by individuals and businesses to create and share content using video sharing, video conferencing, and other applications.148 The increasing use of data accelerated markedly during the pandemic as households across the country became increasingly reliant on tools and applications that require greater 145 Federal Communications Commission, Broadband Speed Guide, https://www.fcc.gov/consumers/guides/broadband-speed-guide (last visited Apr. 30, 2021). lab Letter from Lisa R. Youngers, President and CEO of Fiber Broadband Association to FCC, WC •5 Docket No. 19-126 (filed Jan. 3, 2020), including an Appendix with research from RVA LLC, Data Review Of The Importance of Upload Speeds (Jan. 2020), and Ookla speed test data, available at https:Ilecapi.fcc.gov/file/1010300851185171FCC%20RDOF%20Jan%203%20Ex%20Parte.pdf. v fs T Additional information on historic growth in data usage is provided in Schools, Health & Libraries c Broadband Coalition, Common Sense Solutions for Closing the Digital Divide, Apr. 29, 2021. c la' Id. See also United States's Mobile and Broadband Internet Speeds - Speedtest Global Index, available c at https://www.speedtest.net/global-index/united-states#fixed. c 148 Id. E z 72 Q Packet Pg. 401 8.1.c internet capacity, both to download data but also to upload data. Sending information became as important as receiving it. A video consultation with a healthcare provider or participation by a child in a live classroom with a teacher and fellow students requires video to be sent and received simultaneously.149 As an example, some video conferencing technology platforms indicate that download and upload speeds should be roughly equal to support two-way, interactive video meetings. "0 For both work and school, client materials or completed school assignments, which may be in the form of PDF files, videos, or graphic files, also need to be shared with others. This is often done by uploading materials to a collaboration site, and the upload speed available to a user can have a significant impact on the time it takes for the content to be shared with others. "' These activities require significant capacity from home internet connections to both download and upload data, especially when there are multiple individuals in one household engaging in these activities simultaneously. This need for increased broadband capacity during the pandemic was reflected in increased usage patterns seen over the last year. As OpenVault noted in recent advisories, the pandemic significantly increased the amount of data users consume. Among data users observed by OpenVault, per -subscriber average data usage for the fourth quarter of 2020 was 482.6 gigabytes per month, representing a 40 percent increase over the 344 gigabytes consumed in the fourth quarter of 2019 and a 26 percent increase over the third quarter 2020 average of lag One high definition Zoom meeting or class requires approximately 3.8 Mbps/3.0 Mbps (up/down). iso See, e.g., Zoom, System Requirements for Windows, macOS, and Linux, N https://support.zoom.us/hc/en-us/articles/201362023-System-requirements-for-Windows-macOS-and- N Linux#h d278c327-e03d-4896-b19a-96a8f3cOc69c (last visited May 8, 2021). o Ln By one estimate, to upload a one gigabit video file to YouTube would take 15 minutes at an upload c speed of 10 Mbps compared with 1 minute, 30 seconds at an upload speed of 100 Mbps, and 30 seconds c CD at an upload speed of 300 Mbps. Reviews.org: What is Symmetrical Internet? (March 2020). E z 73 Q Packet Pg. 402 8.1.c 383.8 gigabytes.152 OpenVault also noted significant increases in upstream usage among the data users it observed, with upstream data usage growing 63 percent — from 19 gigabytes to 31 gigabytes — between December, 2019 and December, 2020.113 According to an OECD Broadband statistic from June 2020, the largest percentage of U.S. broadband subscribers have services providing speeds between 100 Mbps and 1 Gbps.154 Jurisdictions and Federal programs are increasingly responding to the growing demands of their communities for both heightened download and upload speeds. For example, Illinois now requires 100 Mbps symmetrical service as the construction standard for its state broadband grant programs. This standard is also consistent with speed levels, particularly download speed levels, prioritized by other Federal programs supporting broadband projects. Bids submitted as part of the FCC in its Rural Digital Opportunity Fund (RDOF), established to support the construction of broadband networks in rural communities across the country, are given priority if they offer faster service, with the service offerings of 100 Mbps download and 112 OVBI: Covid-19 Drove 15 percent Increase in Broadband Traffic in 2020, OpenVault, Quarterly Advisory, (Feb. 10, 2021), available at https://openvault.com/ovbi-covid-I9-drove-5I-increase-in- broadband-traffic-in-2020; See OpenVault's data set incorporates information on usage by subscribers across multiple continents, including North America and Europe. Additional data and detail on increases in the amount of data users consume and the broadband speeds they are using is provided in Open Vault Broadband Insights Report Q4, Quarterly Advisory (Feb. 10, 2021), available at https://openvault.com/complimentary-report-4g2O/. 1s3 OVBI Special Report: 202 Upstream Growth Nearly 4X of Pre -Pandemic Years, OpenVault, Quarterly o Advisory, (April 1, 20201), available at https:Hopenvault.com/ovbi-special-report-2020-upstream- v growth-rate-nearly-4x-of-pre-pandemic-years/; Additional data is provided in Open Vault Broadband N Insights Pandemic Impact on Upstream Broadband Usage and Network Capacity, available at N https:Hopenvault.com/upstream-whitepaper/. c 1sa Organisation for Economic Co-operation and Development, Fixed broadband subscriptions per 100 Q 0 inhabitants, per speed tiers (June 2020), https://www.oecd.org/sti/broadband/5.1-FixedBB-SpeedTiers- c 2020-06.xls www.oecd.org/sti/broadband/broadband-statistics. E z 74 Q Packet Pg. 403 8.1.c 20 Mbps upload being included in the "above baseline" performance tier set by the FCC."' The Broadband Infrastructure Program (BBIP)156 of the Department of Commerce, which provides Federal funding to deploy broadband infrastructure to eligible service areas of the country also prioritizes projects designed to provide broadband service with a download speed of not less than 100 Mbps and an upload speed of not less than 20 Mbps.157 The 100 Mbps upload and download speeds will support the increased and growing needs of households and businesses. Recognizing that, in some instances, 100 Mbps upload speed may be impracticable due to geographical, topographical, or financial constraints, the Interim Final Rule permits upload speeds of between at least 20 Mbps and 100 Mbps in such instances. To provide for investments that will accommodate technologies requiring symmetry in download and upload speeds, as noted above, eligible projects that are not designed to deliver, upon project completion, service that reliably meets or exceeds symmetrical speeds of 100 Mbps because it would be impracticable to do so should be designed so that they can be scalable to such speeds. Recipients are also encouraged to prioritize investments in fiber optic infrastructure where feasible, as such advanced technology enables the next generation of application solutions for all communities. Under the Interim Final Rule, eligible projects are expected to focus on locations that are unserved or underserved. The Interim Final Rule treats users as being unserved or underserved if they lack access to a wireline connection capable of reliably delivering at least minimum speeds T iss Rural Digital Opportunity Fund, Report and Order, 35 FCC Rcd 686, 690, para. 9 (2020), available at c https://www.fcc.gov/document/fcc-launches-20-billion-rural-digital-opportunity-fund-0. c 116 The BIPP was authorized by the Consolidated Appropriations Act, 2021, Section 905, Public Law c 116-260, 134 Stat. 1182 (Dec. 27, 2020). c ls' Section 905(d)(4) of the Consolidated Appropriations Act, 2021. E z 75 Q Packet Pg. 404 8.1.c of 25 Mbps download and 3 Mbps upload as households and businesses lacking this level of access are generally not viewed as being able to originate and receive high -quality voice, data, graphics, and video telecommunications. This threshold is consistent with the FCC's benchmark for an "advanced telecommunications capability.,,15' This threshold is also consistent with thresholds used in other Federal programs to identify eligible areas to be served by programs to improve broadband services. For example, in the FCC's RDOF program, eligible areas include those without current (or already funded) access to terrestrial broadband service providing 25 Mbps download and 3 Mbps upload speeds.159 The Department of Commerce's BBIP also considers households to be "unserved" generally if they lack access to broadband service with a download speed of not less than 25 Mbps download and 3 Mbps upload, among other conditions. In selecting an area to be served by a project, recipients are encouraged to avoid investing in locations that have existing agreements to build reliable wireline service with minimum speeds of 100 Mbps download and 20 Mbps upload by December 31, 2024, in order to avoid duplication of efforts and resources. Recipients are also encouraged to consider ways to integrate affordability options into their program design. To meet the immediate needs of unserved and underserved households and businesses, recipients are encouraged to focus on projects that deliver a physical broadband connection by prioritizing projects that achieve last mile -connections. Treasury also encourages recipients to prioritize support for broadband networks owned, operated by, or affiliated with 15' Deployment Report, supra note 142. `9 Rural Digital Opportunity Fund, supra note 156. 76 T N O N O Ln 0 a 0 E z Q Packet Pg. 405 8.1.c local governments, non -profits, and co -operatives —providers with less pressure to turn profits and with a commitment to serving entire communities. Under sections 602(c)(1)(A) and 603(c)(1)(A), assistance to households facing negative economic impacts due to COVID-19 is also an eligible use, including internet access or digital literacy assistance. As discussed above, in considering whether a potential use is eligible under this category, a recipient must consider whether, and the extent to which, the household has experienced a negative economic impact from the pandemic. Question 22: What are the advantages and disadvantages of setting minimum symmetrical download and upload speeds of 100 Mbps? What other minimum standards would be appropriate and why? Question 23: Would setting such a minimum be impractical for particular types of projects? If so, where and on what basis should those projects be identified? How could such a standard be set while also taking into account the practicality of using this standard in particular types of projects? In addition to topography, geography, and financial factors, what other constraints, if any, are relevant to considering whether an investment is impracticable? Question 24: What are the advantages and disadvantages of setting a minimum level of service at 100 Mbps download and 20 Mbps upload in projects where it is impracticable to set minimum symmetrical download and upload speeds of 100 Mbps? What are the advantages and disadvantages of setting a scalability requirement in these cases? What other minimum standards would be appropriate and why? Question 25: What are the advantages and disadvantages of focusing these investments r N O N on those without access to a wireline connection that reliably delivers 25 Mbps download by c LO 0 3 Mbps upload? Would another threshold be appropriate and why? c CD E 77 Q Packet Pg. 406 8.1.c Question 26: What are the advantages and disadvantages of setting any particular threshold for identifying unserved or underserved areas, minimum speed standards or scalability minimum? Are there other standards that should be set (e.g., latency)? If so, why and how? How can such threshold, standards, or minimum be set in a way that balances the public's interest in making sure that reliable broadband services meeting the daily needs of all Americans are available throughout the country with the providing recipients flexibility to meet the varied needs of their communities? III. Restrictions on Use As discussed above, recipients have considerable flexibility to use Fiscal Recovery Funds to address the diverse needs of their communities. To ensure that payments from the Fiscal Recovery Funds are used for these congressionally permitted purposes, the ARPA includes two provisions that further define the boundaries of the statute's eligible uses. Section 602(c)(2)(A) of the Act provides that States and territories may not "use the funds ... to either directly or indirectly offset a reduction in ... net tax revenue ... resulting from a change in law, regulation, or administrative interpretation during the covered period that reduces any tax ... or delays the imposition of any tax or tax increase." In addition, sections 602(c)(2)(B) and 603(c)(2) prohibit any recipient, including cities, nonentitlement units of government, and counties, from using Fiscal Recovery Funds for deposit into any pension fund. These restrictions support the use of funds for the congressionally permitted purposes described in Section II of this Supplementary Information by providing a backstop against the use of funds for purposes outside of the eligible use categories. r N O N These provisions give force to Congress's clear intent that Fiscal Recovery Funds be c LO 0 spent within the four eligible uses identified in the statute(1) to respond to the public health c as E 78 Q Packet Pg. 407 8.1.c emergency and its negative economic impacts, (2) to provide premium pay to essential workers, (3) to provide government services to the extent of eligible governments' revenue losses, and (4) to make necessary water, sewer, and broadband infrastructure investments —and not otherwise. These four eligible uses reflect Congress's judgment that the Fiscal Recovery Funds should be expended in particular ways that support recovery from the COVID-19 public health emergency. The further restrictions reflect Congress's judgment that tax cuts and pension deposits do not fall within these eligible uses. The Interim Final Rule describes how Treasury will identify when such uses have occurred and how it will recoup funds put toward these impermissible uses and, as discussed in Section VIII of this Supplementary Information, establishes a reporting framework for monitoring the use of Fiscal Recovery Funds for eligible uses. A. Deposit into Pension Funds The statute provides that recipients may not use Fiscal Recovery Funds for "deposit into any pension fund." For the reasons discussed below, Treasury interprets "deposit" in this context to refer to an extraordinary payment into a pension fund for the purpose of reducing an accrued, unfunded liability. More specifically, the Interim Final Rule does not permit this assistance to be used to make a payment into a pension fund if both: 1. the payment reduces a liability incurred prior to the start of the COVID-19 public health emergency, and 2. the payment occurs outside the recipient's regular timing for making such payments. Under this interpretation, a "deposit" is distinct from a "payroll contribution," which r N O N occurs when employers make payments into pension funds on regular intervals, with o LO 0 contribution amounts based on a pre -determined percentage of employees' wages and salaries. as E 79 cc Q Packet Pg. 408 8.1.c As discussed above, eligible uses for premium pay and responding to the negative economic impacts of the COVID-19 public health emergency include hiring and compensating public sector employees. Interpreting the scope of "deposit" to exclude contributions that are part of payroll contributions is more consistent with these eligible uses and would reduce administrative burden for recipients. Accordingly, if an employee's wages and salaries are an eligible use of Fiscal Recovery Funds, recipients may treat the employee's covered benefits as an eligible use of Fiscal Recovery Funds. For purposes of the Fiscal Recovery Funds, covered benefits include costs of all types of leave (vacation, family -related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (Federal and State), workers' compensation insurance, and Federal Insurance Contributions Act taxes (which includes Social Security and Medicare taxes) Treasury anticipates that this approach to employees' covered benefits will be comprehensive and, for employees whose wage and salary costs are eligible expenses, will allow all covered benefits listed in the previous paragraph to be eligible under the Fiscal Recovery Funds. Treasury expects that this will minimize the administrative burden on recipients by treating all the specified covered benefit types as eligible expenses, for employees whose wage and salary costs are eligible expenses. Question 27: Beyond a "deposit" and a `payroll contribution, " are there other types of payments into a pension fund that Treasury should consider? T N O N O 7 LO O C E t 80 r r+ Q Packet Pg. 409 8.1.c B. Offset a Reduction in Net Tax Revenue For States and territories (recipient governments"o), section 602(c)(2)(A)—the offset provision —prohibits the use of Fiscal Recovery Funds to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation161 during the covered period. If a State or territory uses Fiscal Recovery Funds to offset a reduction in net tax revenue, the ARPA provides that the State or territory must repay to the Treasury an amount equal to the lesser of (i) the amount of the applicable reduction attributable to the impermissible offset and (ii) the amount received by the State or territory under the ARPA. See Section IV of this Supplementary Information. As discussed below Section IV of this Supplementary Information, a State or territory that chooses to use Fiscal Recovery Funds to offset a reduction in net tax revenue does not forfeit its entire allocation of Fiscal Recovery Funds (unless it misused the full allocation to offset a reduction in net tax revenue) or any non- ARPA funding received. The Interim Final Rule implements these conditions by establishing a framework for States and territories to determine the cost of changes in law, regulation, or interpretation that reduce tax revenue and to identify and value the sources of funds that will offseti.e., cover the cost of —any reduction in net tax revenue resulting from such changes. A recipient government would only be considered to have used Fiscal Recovery Funds to offset a reduction in net tax revenue resulting from changes in law, regulation, or interpretation if, and to the extent that, the T N 161 In this sub -section, "recipient governments" refers only to States and territories. In other sections, N "recipient governments" refers more broadly to eligible governments receiving funding from the Fiscal c Recovery Funds. c 161 For brevity, referred to as "changes in law, regulation, or interpretation" for the remainder of this c m preamble. E z 81 Q Packet Pg. 410 8.1.c recipient government could not identify sufficient funds from sources other than the Fiscal Recovery Funds to offset the reduction in net tax revenue. If sufficient funds from other sources cannot be identified to cover the full cost of the reduction in net tax revenue resulting from changes in law, regulation, or interpretation, the remaining amount not covered by these sources will be considered to have been offset by Fiscal Recovery Funds, in contravention of the offset provision. The Interim Final Rule recognizes three sources of funds that may offset a reduction in net tax revenue other than Fiscal Recovery Funds —organic growth, increases in revenue (e.g., an increase in a tax rate), and certain cuts in spending. In order to reduce burden, the Interim Final Rule's approach also incorporates the types of information and modeling already used by States and territories in their own fiscal and budgeting processes. By incorporating existing budgeting processes and capabilities, States and territories will be able to assess and evaluate the relationship of tax and budget decisions to uses of the Fiscal Recovery Funds based on information they likely have or can obtain. This approach ensures that recipient governments have the information they need to understand the implications of their decisions regarding the use of the Fiscal Recovery Funds —and, in particular, whether they are using the funds to directly or indirectly offset a reduction in net tax revenue, making them potentially subject to recoupment. Reporting on both the eligible uses and on a State's or territory's covered tax changes that would reduce tax revenue will enable identification of, and recoupment for, use of Fiscal Recovery Funds to directly offset reductions in tax revenue resulting from tax relief. Moreover, this approach recognizes that, because money is fungible, even if Fiscal Recovery Funds are not r N O N explicitly or directly used to cover the costs of changes that reduce net tax revenue, those funds c LO 0 may be used in a manner inconsistent with the statute by indirectly being used to substitute for a) E 82 cc Q Packet Pg. 411 8.1.c the State's or territory's funds that would otherwise have been needed to cover the costs of the reduction. By focusing on the cost of changes that reduce net tax revenue —and how a recipient government is offsetting those reductions in constructing its budget over the covered period —the framework prevents efforts to use Fiscal Recovery Funds to indirectly offset reductions in net tax revenue for which the recipient government has not identified other offsetting sources of funding. As discussed in greater detail below in this preamble, the framework set forth in the Interim Final Rule establishes a step-by-step process for determining whether, and the extent to which, Fiscal Recovery Funds have been used to offset a reduction in net tax revenue. Based on information reported annually by the recipient government: • First, each year, each recipient government will identify and value the changes in law, regulation, or interpretation that would result in a reduction in net tax revenue, as it would in the ordinary course of its budgeting process. The sum of these values in the year for which the government is reporting is the amount it needs to "pay for" with sources other than Fiscal Recovery Funds (total value of revenue reducing changes). • Second, the Interim Final Rule recognizes that it may be difficult to predict how a change would affect net tax revenue in future years and, accordingly, provides that if the total value of the changes in the year for which the recipient government is reporting is below a de minimis level, as discussed below, the recipient government need not identify any sources of funding to pay for revenue reducing changes and will not be subject to recoupment. N 0 N • Third, a recipient government will consider the amount of actual tax revenue recorded in o LO 0 the year for which they are reporting. If the recipient government's actual tax revenue is CD E 83 Q Packet Pg. 412 8.1.c greater than the amount of tax revenue received by the recipient for the fiscal year ending 2019, adjusted annually for inflation, the recipient government will not be considered to have violated the offset provision because there will not have been a reduction in net tax revenue. • Fourth, if the recipient government's actual tax revenue is less than the amount of tax revenue received by the recipient government for the fiscal year ending 2019, adjusted annually for inflation, in the reporting year the recipient government will identify any sources of funds that have been used to permissibly offset the total value of covered tax changes other than Fiscal Recovery Funds. These are: o State or territory tax changes that would increase any source of general fund revenue, such as a change that would increase a tax rate; and o Spending cuts in areas not being replaced by Fiscal Recovery Funds. The recipient government will calculate the value of revenue reduction remaining after applying these sources of offsetting funding to the total value of revenue reducing changes —that, is, how much of the tax change has not been paid for. The recipient government will then compare that value to the difference between the baseline and actual tax revenue. A recipient government will not be required to repay to the Treasury an amount that is greater than the recipient government's actual tax revenue shortfall relative to the baseline (i.e., fiscal year 2019 tax revenue adjusted for inflation). This "revenue reduction cap," together with Step 3, ensures that recipient governments can use organic revenue growth to offset the cost of revenue reductions. r N O N O 7 LO O ++ C 0 E t 84 Q Packet Pg. 413 8.1.c • Finally, if there are any amounts that could be subject to recoupment, Treasury will provide notice to the recipient government of such amounts. This process is discussed in greater detail in Section IV of this Supplementary Information. Together, these steps allow Treasury to identify the amount of reduction in net tax revenue that both is attributable to covered changes and has been directly or indirectly offset with Fiscal Recovery Funds. This process ensures Fiscal Recovery Funds are used in a manner consistent with the statute's defined eligible uses and the offset provision's limitation on these eligible uses, while avoiding undue interference with State and territory decisions regarding tax and spending policies. The Interim Final Rule also implements a process for recouping Fiscal Recovery Funds that were used to offset reductions in net tax revenue, including the calculation of any amounts that may be subject to recoupment, a process for a recipient government to respond to a notice of recoupment, and clarification regarding amounts excluded from recoupment. See Section IV of this Supplementary Information. The Interim Final Rule includes several definitions that are applicable to the implementation of the offset provision. Covered change. The offset provision is triggered by a reduction in net tax revenue resulting from "a change in law, regulation, or administrative interpretation." A covered change includes any final legislative or regulatory action, a new or changed administrative interpretation, and the phase -in or taking effect of any statute or rule where the phase -in or taking effect was not prescribed prior to the start of the covered period. Changed administrative interpretations would N CD O not include corrections to replace prior inaccurate interpretations; such corrections would instead 7 0 be treated as changes implementing legislation enacted or regulations issued prior to the covered E 85 Q Packet Pg. 414 8.1.c period; the operative change in those circumstances is the underlying legislation or regulation that occurred prior to the covered period. Moreover, only the changes within the control of the State or territory are considered covered changes. Covered changes do not include a change in rate that is triggered automatically and based on statutory or regulatory criteria in effect prior to the covered period. For example, a state law that sets its earned income tax credit (EITC) at a fixed percentage of the Federal EITC will see its EITC payments automatically increase —and thus its tax revenue reduced —because of the Federal government's expansion of the EITC in the ARPA.162 This would not be considered a covered change. In addition, the offset provision applies only to actions for which the change in policy occurs during the covered period; it excludes regulations or other actions that implement a change or law substantively enacted prior to March 3, 2021. Finally, Treasury has determined and previously announced that income tax changes —even those made during the covered period —that simply conform with recent changes in Federal law (including those to conform to recent changes in Federal taxation of unemployment insurance benefits and taxation of loan forgiveness under the Paycheck Protection Program) are permissible under the offset provision. Baseline. For purposes of measuring a reduction in net tax revenue, the Interim Final Rule measures actual changes in tax revenue relative to a revenue baseline (baseline). The baseline will be calculated as fiscal year 2019 (FY 2019) tax revenue indexed for inflation in T N O N O 7 LO 162 See, e.g., Tax Policy Center, How do state earned income tax credits work?, c https://www.taxpolicycenter.org/briefing-book/how-do-state-earned-income-tax-credits-work/ (last c visited May 9, 2021). E z 86 cc Q Packet Pg. 415 8.1.c each year of the covered period, with inflation calculated using the Bureau of Economic Analysis's Implicit Price Deflator.163 FY 2019 was chosen as the starting year for the baseline because it is the last full fiscal year prior to the COVID-19 public health emergency.16' This baseline year is consistent with the approach directed by the ARPA in sections 602(c)(1)(C) and 603(c)(1)(C), which identify the "most recent full fiscal year of the [State, territory, or Tribal government] prior to the emergency" as the comparator for measuring revenue loss. U.S. gross domestic product is projected to rebound to pre -pandemic levels in 2021,161 suggesting that an FY 2019 pre pandemic baseline is a reasonable comparator for future revenue levels. The FY 2019 baseline revenue will be adjusted annually for inflation to allow for direct comparison of actual tax revenue in each year (reported in nominal terms) to baseline revenue in common units of measurement; without inflation adjustment, each dollar of reported actual tax revenue would be worth less than each dollar of baseline revenue expressed in 2019 terms. Reporting year. The Interim Final Rule defines "reporting year" as a single year within the covered period, aligned to the current fiscal year of the recipient government during the covered period, for which a recipient government reports the value of covered changes and any sources of offsetting revenue increases ("in -year" value), regardless of when those changes were enacted. For the fiscal years ending in 2021 or 2025 (partial years), the term "reporting year" 163 U.S. Department of Commerce, Bureau of Economic Analysis, GDP Price Deflator, o` https://www.bea.gov/data/prices-inflation/gdp-price-deflator (last visited May 9, 2021). r N i6a Using Fiscal Year 2019 is consistent with section 602 as Congress provided for using that baseline for N determining the impact of revenue loss affecting the provision of government services. See section o 602(c)(1)(C). c 165 Congressional Budget Office, An Overview of the Economic Outlook: 2021 to 2031 (February 1, c 2021), available at https://www.cbo.gov/publication/56965. E z 87 Q Packet Pg. 416 8.1.c refers to the portion of the year falling within the covered period. For example, the reporting year for a fiscal year beginning July 2020 and ending June 2021 would be from March 3, 2021 to July 2021. Tax revenue. The Interim Final Rule's definition of "tax revenue" is based on the Census Bureau's definition of taxes, used for its Annual Survey of State Government Finances.166 It provides a consistent, well -established definition with which States and territories will be familiar and is consistent with the approach taken in Section II.0 of this Supplementary Information describing the implementation of sections 602(c)(1)(C) and 603(c)(1)(C) of the Act, regarding revenue loss. Consistent with the approach described in Section II.0 of this Supplementary Information, tax revenue does not include revenue taxed and collected by a different unit of government (e.g., revenue from taxes levied by a local government and transferred to a recipient government). Framework. The Interim Final Rule provides a step-by-step framework, to be used in each reporting year, to calculate whether the offset provision applies to a State's or territory's use of Fiscal Recovery Funds: (1) Covered changes that reduce tax revenue. For each reporting year, a recipient government will identify and value covered changes that the recipient government predicts will have the effect of reducing tax revenue in a given reporting year, similar to the way it would in the ordinary course of its budgeting process. The value of these covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient government's existing approach for measuring the r N O N O 7 LO O 166 U.S. Census Bureau, Annual Survey of State and Local Government Finances Glossary, c ht s://www.census. ov/ ro ams-surve s/state/about/ loss html last visited Apr. 30 2021). E � g p �• Y g �'Y• � p z 88 Q Packet Pg. 417 8.1.c effects of fiscal policies, and that measures relative to a current law baseline. The covered changes may also be reported based on actual values using a statistical methodology to isolate the change in year -over -year revenue attributable to the covered change(s), relative to the current law baseline prior to the change(s). Further, estimation approaches should not use dynamic methodologies that incorporate the projected effects of macroeconomic growth because macroeconomic growth is accounted for separately in the framework. Relative to these dynamic scoring methodologies, scoring methodologies that do not incorporate projected effects of macroeconomic growth rely on fewer assumptions and thus provide greater consistency among States and territories. Dynamic scoring that incorporates macroeconomic growth may also increase the likelihood of underestimation of the cost of a reduction in tax revenue. In general and where possible, reporting should be produced by the agency of the recipient government responsible for estimating the costs and effects of fiscal policy changes. This approach offers recipient governments the flexibility to determine their reporting methodology based on their existing budget scoring practices and capabilities. In addition, the approach of using the projected value of changes in law that enact fiscal policies to estimate the net effect of such policies is consistent with the way many States and territories already consider tax changes. 167 (2) In excess of the de minimis. The recipient government will next calculate the total value of all covered changes in the reporting year resulting in revenue reductions, identified in Step 1. If the total value of the revenue reductions resulting from these changes is below the de T N O N O 16' See, e.g., Megan Randall & Kim Rueben, Tax Policy Center, Sustainable Budgeting in the States: 7 Evidence on State Budget Institutions and Practices (Nov. 2017), available at O https://www.taxpolicycenter.org/sites/default/files/publication/ 149186/sustainable-budgeting-in-the- c states _l .pdf. E z 89 Q Packet Pg. 418 8.1.c minimis level, the recipient government will be deemed not to have any revenue -reducing changes for the purpose of determining the recognized net reduction. If the total is above the de minimis level, the recipient government must identify sources of in -year revenue to cover the full costs of changes that reduce tax revenue. The de minimis level is calculated as 1 percent of the reporting year's baseline. Treasury recognizes that, pursuant to their taxing authority, States and territories may make many small changes to alter the composition of their tax revenues or implement other policies with marginal effects on tax revenues. They may also make changes based on projected revenue effects that turn out to differ from actual effects, unintentionally resulting in minor revenue changes that are not fairly described as "resulting from" tax law changes. The de minimis level recognizes the inherent challenges and uncertainties that recipient governments face, and thus allows relatively small reductions in tax revenue without consequence. Treasury determined the 1 percent level by assessing the historical effects of state -level tax policy changes in state EITCs implemented to effect policy goals other than reducing net tax revenues.168 The I percent de minimis level reflects the historical reductions in revenue due to minor changes in state fiscal policies. (3) Safe harbor. The recipient government will then compare the reporting year's actual tax revenue to the baseline. If actual tax revenue is greater than the baseline, Treasury will deem the recipient government not to have any recognized net reduction for the reporting year, and therefore to be in a safe harbor and outside the ambit of the offset provision. This approach is consistent with the ARPA, which contemplates recoupment of Fiscal Recovery Funds only in the event that such funds are used to offset a reduction in net tax revenue. If net tax revenue has not 68 Data provided by the Urban -Brookings Tax Policy Center for state -level EITC changes for 2004-2017 90 T N O N O 7 LO O C 0 E z Q Packet Pg. 419 8.1.c been reduced, this provision does not apply. In the event that actual tax revenue is above the baseline, the organic revenue growth that has occurred, plus any other revenue -raising changes, by definition must have been enough to offset the in -year costs of the covered changes. (4) Consideration of other sources of funding. Next, the recipient government will identify and calculate the total value of changes that could pay for revenue reduction due to covered changes and sum these items. This amount can be used to pay for up to the total value of revenue -reducing changes in the reporting year. These changes consist of two categories: (a) Tax and other increases in revenue. The recipient government must identify and consider covered changes in policy that the recipient government predicts will have the effect of increasing general revenue in a given reporting year. As when identifying and valuing covered changes that reduce tax revenue, the value of revenue -raising changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, aligned with the recipient government's existing approach for measuring the effects of fiscal policies, and measured relative to a current law baseline, or based on actual values using a statistical methodology to isolate the change in year -over -year revenue attributable to the covered change(s). Further, and as discussed above, estimation approaches should not use dynamic scoring methodologies that incorporate the effects of macroeconomic growth because growth is accounted for separately under the Interim Final Rule. In general and where possible, reporting should be produced by the agency of the recipient government responsible for estimating the costs and effects of fiscal policy changes. This approach offers recipient governments the flexibility to determine their reporting methodology based on their existing budget scoring r N O N practices and capabilities. c LO 0 c m E t 91 Q Packet Pg. 420 8.1.c (b) Covered spending cuts. A recipient government also may cut spending in certain areas to pay for covered changes that reduce tax revenue, up to the amount of the recipient government's net reduction in total spending as described below. These changes must be reductions in government outlays not in an area where the recipient government has spent Fiscal Recovery Funds. To better align with existing reporting and accounting, the Interim Final Rule considers the department, agency, or authority from which spending has been cut and whether the recipient government has spent Fiscal Recovery Funds on that same department, agency, or authority. This approach was selected to allow recipient governments to report how Fiscal Recovery Funds have been spent using reporting units already incorporated into their budgeting process. If they have not spent Fiscal Recovery Funds in a department, agency, or authority, the full amount of the reduction in spending counts as a covered spending cut, up to the recipient government's net reduction in total spending. If they have, the Fiscal Recovery Funds generally would be deemed to have replaced the amount of spending cut and only reductions in spending above the amount of Fiscal Recovery Funds spent on the department, agency, or authority would count. To calculate the amount of spending cuts that are available to offset a reduction in tax revenue, the recipient government must first consider whether there has been a reduction in total net spending, excluding Fiscal Recovery Funds (net reduction in total spending). This approach ensures that reported spending cuts actually create fiscal space, rather than simply offsetting other spending increases. A net reduction in total spending is measured as the difference between total spending in each reporting year, excluding Fiscal Recovery Funds spent, relative to r N O N total spending for the recipient's fiscal year ending in 2019, adjusted for inflation. Measuring o LO 0 reductions in spending relative to 2019 reflects the fact that the fiscal space created by a as E 92 cc Q Packet Pg. 421 8.1.c spending cut persists so long as spending remains below its original level, even if it does not decline further, relative to the same amount of revenue. Measuring spending cuts from year to year would, by contrast, not recognize any available funds to offset revenue reductions unless spending continued to decline, failing to reflect the actual availability of funds created by a persistent change and limiting the discretion of States and territories. In general and where possible, reporting should be produced by the agency of the recipient government responsible for estimating the costs and effects of fiscal policy changes. Treasury chose this approach because while many recipient governments may score budget legislation using projections, spending cuts are readily observable using actual values. This approach —allowing only spending reductions in areas where the recipient government has not spent Fiscal Recovery Funds to be used as an offset for a reduction in net tax revenue —aims to prevent recipient governments from using Fiscal Recovery Funds to supplant State or territory funding in the eligible use areas, and then use those State or territory funds to offset tax cuts. Such an approach helps ensure that Fiscal Recovery Funds are not used to "indirectly" offset revenue reductions due to covered changes. In order to help ensure recipient governments use Fiscal Recovery Funds in a manner consistent with the prescribed eligible uses and do not use Fiscal Recovery Funds to indirectly offset a reduction in net tax revenue resulting from a covered change, Treasury will monitor changes in spending throughout the covered period. If, over the course of the covered period, a spending cut is subsequently replaced with Fiscal Recovery Funds and used to indirectly offset a reduction in net tax revenue resulting from a covered change, Treasury may consider such r N O N change to be an evasion of the restrictions of the offset provision and seek recoupment of such o LO 0 amounts. c as E 93 Q Packet Pg. 422 8.1.c (5) Identification of amounts subject to recoupment. If a recipient government (i) reports covered changes that reduce tax revenue (Step 1); (ii) to a degree greater than the de minimis (Step 2); (iii) has experienced a reduction in net tax revenue (Step 3); and (iv) lacks sufficient revenue from other, permissible sources to pay for the entirety of the reduction (Step 4), then the recipient government will be considered to have used Fiscal Recovery Funds to offset a reduction in net tax revenue, up to the amount that revenue has actually declined. That is, the maximum value of reduction in revenue due to covered changes which a recipient government must cover is capped at the difference between the baseline and actual tax revenue.169 In the event that the baseline is above actual tax revenue and the difference between them is less than the sum of revenue reducing changes that are not paid for with other, permissible sources, organic revenue growth has implicitly offset a portion of the reduction. For example, if a recipient government reduces tax revenue by $1 billion, makes no other changes, and experiences revenue growth driven by organic economic growth worth $500 million, it need only pay for the remaining $500 million with sources other than Fiscal Recovery Funds. The revenue reduction cap implements this approach for permitting organic revenue growth to cover the cost of tax cuts. Finally, as discussed further in Section IV of this Supplementary Information, a recipient government may request reconsideration of any amounts identified as subject to recoupment under this framework. This process ensures that all relevant facts and circumstances, including information regarding planned spending cuts and budgeting assumptions, are considered prior to a determination that an amount must be repaid. Amounts subject to recoupment are calculated r N O N O 7 LO O i69 This cap is applied in section 35.8(c) of the Interim Final Rule, calculating the amount of funds used in c violation of the tax offset provision. E z 94 Q Packet Pg. 423 8.1.c on an annual basis; amounts recouped in one year cannot be returned if the State or territory subsequently reports an increase in net tax revenue. To facilitate the implementation of the framework above, and in addition to reporting required on eligible uses, in each year of the reporting period, each State and territory will report to Treasury the following items: • Actual net tax revenue for the reporting year; • Each revenue -reducing change made to date during the covered period and the in -year value of each change; • Each revenue -raising change made to date during the covered period and the in -year value of each change; • Each covered spending cut made to date during the covered period, the in -year value of each cut, and documentation demonstrating that each spending cut is covered as prescribed under the Interim Final Rule; Treasury will provide additional guidance and instructions the reporting requirements at a later date. Question 28: Does the Interim Final Rule's definition of tax revenue accord with existing State and territorial practice and, if not, are there other definitions or elements Treasury should consider? Discuss why or why not. Question 29: The Interim Final Rule permits certain spending cuts to cover the costs of reductions in tax revenue, including cuts in a department, agency, or authority in which the recipient government is not using Fiscal Recovery Funds. How should Treasury and recipient N 0 N governments consider the scope of a department, agency, or authority for the use of funds to 0 LO 0 c m E t 95 Q Packet Pg. 424 8.1.c ensure spending cuts are not being substituted with Fiscal Recovery Funds while also avoiding an overbroad definition of that captures spending that is, in fact, distinct? Question 30: Discuss the budget scoring methodologies currently used by States and territories. How should the Interim Final Rule take into consideration differences in approaches? Please discuss the use of practices including but not limited to macrodynamic scoring, microdynamic scoring, and length of budget windows. Question 31: If a recipient government has a balanced budget requirement, how will that requirement impact its use of Fiscal Recovery Funds and ability to implement this framework? Question 32: To implement the framework described above, the Interim Final Rule establishes certain reporting requirements. To what extent do recipient governments already produce this information and on what timeline? Discuss ways that Treasury and recipient governments may better rely on information already produced, while ensuring a consistent application of the framework. Question 33: Discuss States' and territories' ability to produce the figures and numbers required for reporting under the Interim Final Rule. What additional reporting tools, such as a standardized template, would facilitate States' and territories' ability to complete the reporting required under the Interim Final Rule? C. Other Restrictions on Use Payments from the Fiscal Recovery Funds are also subject to pre-existing limitations provided in other Federal statutes and regulations and may not be used as non -Federal match for other Federal programs whose statute or regulations bar the use of Federal funds to meet r N O N O 7 Ln O ++ C 4) E t 96 Q Packet Pg. 425 8.1.c matching requirements. For example, payments from the Fiscal Recovery Funds may not be used to satisfy the State share of Medicaid.170 As provided for in the award terms, payments from the Fiscal Recovery Funds as a general matter will be subject to the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200) (the Uniform Guidance), including the cost principles and restrictions on general provisions for selected items of cost. D. Timeline for Use of Fiscal Recovery Funds Section 602(c)(1) and section 603(c)(1) require that payments from the Fiscal Recovery Funds be used only to cover costs incurred by the State, territory, Tribal government, or local government by December 31, 2024. Similarly, the CARES Act provided that payments from the CRF be used to cover costs incurred by December 31, 202 1. 17 1 The definition of "incurred" does not have a clear meaning. With respect to the CARES Act, on the understanding that the CRF was intended to be used to meet relatively short-term needs, Treasury interpreted this requirement to mean that, for a cost to be considered to have been incurred, performance of the service or delivery of the goods acquired must occur by December 31, 2021. In contrast, the ARPA, passed at a different stage of the COVID-19 public health emergency, was intended to provide more general fiscal relief over a broader timeline. In addition, the ARPA expressly permits the use of Fiscal Recovery Funds for improvements to water, sewer, and broadband infrastructure, which entail a longer timeframe. In recognition of this, Treasury is interpreting T N 0 N 170 See 42 CFR 433.51 and 45 CFR 75.306. 171 Section 1001 of Division N of the Consolidated Appropriations Act, 2021 amended section 601(d)(3) Q 0 of the Act by extending the end of the covered period for CRF expenditures from December 30, 2020 to c m December 31, 2021. E z 97 Q Packet Pg. 426 8.1.c the requirement in section 602 and section 603 that costs be incurred by December 31, 2024, to require only that recipients have obligated the Fiscal Recovery Funds by such date. The Interim Final Rule adopts a definition of "obligation" that is based on the definition used for purposes of the Uniform Guidance, which will allow for uniform administration of this requirement and is a definition with which most recipients will be familiar. Payments from the Fiscal Recovery Funds are grants provided to recipients to mitigate the fiscal effects of the COVID-19 public health emergency and to respond to the public health emergency, consistent with the eligible uses enumerated in sections 602(c)(1) and 603(c)(1).172 As such, these funds are intended to provide economic stimulus in areas still recovering from the economic effects of the pandemic. In implementing and interpreting these provisions, including what it means to "respond to" the COVID-19 public health emergency, Treasury takes into consideration pre -pandemic facts and circumstances (e.g., average revenue growth prior to the pandemic) as well as impact of the pandemic that predate the enactment of the ARPA (e.g., replenishing Unemployment Trust balances drawn during the pandemic). While assessing the effects of the COVID-19 public health emergency necessarily takes into consideration the facts and circumstances that predate the ARPA, use of Fiscal Recovery Funds is forward looking. As discussed above, recipients are permitted to use payments from the Fiscal Recovery Funds to respond to the public health emergency, to respond to workers performing essential work by providing premium pay or providing grants to eligible employers, and to make necessary investments in water, sewer, or broadband infrastructure, which all relate to prospective uses. In addition, sections 602(c)(1)(C) and 603(c)(1)(C) permit recipients to use 172 §§ 602(a), 603(a), 602(c)(1) and 603(c)(1) of the Act. 98 T N O N O 7 LO O C 0 E z Q Packet Pg. 427 8.1.c Fiscal Recovery Funds for the provision of government services. This clause provides that the amount of funds that may be used for this purpose is measured by reference to the reduction in revenue due to the public health emergency relative to revenues collected in the most recent full fiscal year, but this reference does not relate to the period during which recipients may use the funds, which instead refers to prospective uses, consistent with the other eligible uses. Although as discussed above the eligible uses of payments from the Fiscal Recovery Funds are all prospective in nature, Treasury considers the beginning of the covered period for purposes of determining compliance with section 602(c)(2)(A) to be the relevant reference point for this purpose. The Interim Final Rule thus permits funds to be used to cover costs incurred beginning on March 3, 2021. This aligns the period for use of Fiscal Recovery Funds with the period during which these funds may not be used to offset reductions in net tax revenue. Permitting Fiscal Recovery Funds to be used to cover costs incurred beginning on this date will also mean that recipients that began incurring costs in the anticipation of enactment of the ARPA and in advance of the issuance of this rule and receipt of payment from the Fiscal Recovery Funds would be able to cover them using these payments.173 As set forth in the award terms, the period of performance will run until December 31, 2026, which will provide recipients a reasonable amount of time to complete projects funded with payments from the Fiscal Recovery Funds. T N O N O 7 LO O 173 Given the nature of this program, recipients will not be permitted to use funds to cover pre -award c costs, i.e., those incurred prior to March 3, 2021. E z 99 Q Packet Pg. 428 8.1.c IV. Recoupment Process Under the ARPA, failure to comply with the restrictions on use contained in sections 602(c) and 603(c) of the Act may result in recoupment of funds.14 The Interim Final Rule implements these provisions by establishing a process for recoupment. Identification and Notice of Violations. Failure to comply with the restrictions on use will be identified based on reporting provided by the recipient. As discussed further in Sections III.B and VIII of this Supplementary Information, Treasury will collect information regarding eligible uses on a quarterly basis and on the tax offset provision on an annual basis Treasury also may consider other information in identifying a violation, such as information provided by members of the public. If Treasury identifies a violation, it will provide written notice to the recipient along with an explanation of such amounts. Request for Reconsideration. Under the Interim Final Rule, a recipient may submit a request for reconsideration of any amounts identified in the notice provided by Treasury. This reconsideration process provides a recipient the opportunity to submit additional information it believes supports its request in light of the notice of recoupment, including, for example, additional information regarding the recipient's use of Fiscal Recovery Funds or its tax revenues. The process also provides the Secretary with an opportunity to consider all information relevant to whether a violation has occurred, and if so, the appropriate amount for recoupment. The Interim Final Rule also establishes requirements for the timing of a request for reconsideration. Specifically, if a recipient wishes to request reconsideration of any amounts identified in the notice, the recipient must submit a written request for reconsideration to the 14 §§ 602(e) and 603(e) of the Act. 100 T- N O N O 7 LO O C 4) E z Q Packet Pg. 429 8.1.c Secretary within 60 calendar days of receipt of such notice. The request must include an explanation of why the recipient believes that the finding of a violation or recoupable amount identified in the notice of recoupment should be reconsidered. To facilitate the Secretary's review of a recipient's request for reconsideration, the request should identify all supporting reasons for the request. Within 60 calendar days of receipt of the recipient's request for reconsideration, the recipient will be notified of the Secretary's decision to affirm, withdraw, or modify the notice of recoupment. Such notification will include an explanation of the decision, including responses to the recipient's supporting reasons and consideration of additional information provided. The process and timeline established by the Interim Final Rule are intended to provide the recipient with an adequate opportunity to fully present any issues or arguments in response to the notice of recoupment.17' This process will allow the Secretary to respond to the issues and considerations raised in the request for reconsideration taking into account the information and arguments presented by the recipient along with any other relevant information. Repayment. Finally, the Interim Final Rule provides that any amounts subject to recoupment must be repaid within 120 calendar days of receipt of any final notice of recoupment or, if the recipient has not requested reconsideration, within 120 calendar days of the initial notice provided by the Secretary. Question 34: Discuss the timeline for requesting reconsideration under the Interim Final Rule. What, if any, challenges does this timeline present? 15 The Interim Final Rule also provides that Treasury may extend any deadlines. 101 T N O N O 7 LO O C E z Q Packet Pg. 430 8.1.c V. Payments in Tranches to Local Governments and Certain States Section 603 of the Act provides that the Secretary will make payments to local governments in two tranches, with the second tranche being paid twelve months after the first payment. In addition, section 602(b)(6)(A)(ii) provides that the Secretary may withhold payment of up to 50 percent of the amount allocated to each State and territory for a period of up to twelve months from the date on which the State or territory provides its certification to the Secretary Any such withholding for a State or territory is required to be based on the unemployment rate in the State or territory as of the date of the certification. The Secretary has determined to provide in this Interim Final Rule for withholding of 50 percent of the amount of Fiscal Recovery Funds allocated to all States (and the District of Columbia) other than those with an unemployment rate that is 2.0 percentage points or more above its pre -pandemic (i.e., February 2020) level. The Secretary will refer to the latest available monthly data from the Bureau of Labor Statistics as of the date the certification is provided. Based on data available at the time of public release of this Interim Final Rule, this threshold would result in a majority of States being paid in two tranches. Splitting payments for the majority of States is consistent with the requirement in section 603 of the Act to make payments from the Coronavirus Local Fiscal Recovery Fund to local governments in two tranches. 176 Splitting payments to States into two tranches will help 116 With respect to Federal financial assistance more generally, States are subject to the requirements of c 0 the Cash Management Improvement Act (CMIA), under which Federal funds are drawn upon only on an o` as needed basis and States are required to remit interest on unused balances to Treasury. Given the v T statutory requirement for Treasury to make payments to States within a certain period, these requirements c of the CMIA and Treasury's implementing regulations at 31 CFR part 205 will not apply to payments c from the Fiscal Recovery Funds. Providing funding in two tranches to the majority of States reflects, to the maximum extent permitted by section 602 of the Act, the general principles of Federal cash Q 0 management and stewardship of federal funding, yet will be much less restrictive than the usual c requirements to which States are subject. E z 102 cc Q Packet Pg. 431 8.1.c encourage recipients to adapt, as necessary, to new developments that could arise over the coming twelve months, including potential changes to the nature of the public health emergency and its negative economic impacts. While the U.S. economy has been recovering and adding jobs in aggregate, there is still considerable uncertainty in the economic outlook and the interaction between the pandemic and the economy. "' For these reasons, Treasury believes it will be appropriate for a majority of recipients to adapt their plans as the recovery evolves. For example, a faster -than -expected economic recovery in 2021 could lead a recipient to dedicate more Fiscal Recovery Funds to longer -term investments starting in 2022. In contrast, a slower - than -expected economic recovery in 2021 could lead a recipient to use additional funds for near - term stimulus in 2022. At the same time, the statute contemplates the possibility that elevated unemployment in certain States could justify a single payment. Elevated unemployment is indicative of a greater need to assist unemployed workers and stimulate a faster economic recovery. For this reason, the Interim Final Rule provides that States and territories with an increase in their unemployment rate over a specified threshold may receive a single payment, with the expectation that a single tranche will better enable these States and territories to take additional immediate action to aid the unemployed and strengthen their economies. Following the initial pandemic -related spike in unemployment in 2020, States' unemployment rates have been trending back towards pre -pandemic levels. However, some States' labor markets are healing more slowly than others. Moreover, States varied widely in T N 0 N 17 The potential course of the virus, and its impact on the economy, has contributed to a heightened CD degree of uncertainty relative to prior periods. See, e.g., Dave Altig et al., Economic uncertainty before CD 0 and during the COVID-19 pandemic, J. of Public Econ. (Nov. 2020), available at c https://www.sciencedirect.com/science/article/abs/pii/S0047272720301389 E z 103 Q Packet Pg. 432 8.1.c their pre -pandemic levels of unemployment, and some States remain substantially further from their pre -pandemic starting point. Consequently, Treasury is delineating States with significant remaining elevation in the unemployment rate, based on the net difference to pre -pandemic levels. Treasury has established that significant remaining elevation in the unemployment rate is a net change in the unemployment rate of 2.0 percentage points or more relative to pre -pandemic levels. In the four previous recessions going back to the early 1980s, the national unemployment rate rose by 3.6, 2.3, 2.0, and 5.0 percentage points, as measured from the start of the recession to the eventual peak during or immediately following the recession.178 Each of these increases can therefore represent a recession's impact on unemployment. To identify States with significant remaining elevation in unemployment, Treasury took the lowest of these four increases, 2.0 percentage points, to indicate states where, despite improvement in the unemployment rate, current labor market conditions are consistent still with a historical benchmark for a recession. No U.S. territory will be subject to withholding of its payment from the Fiscal Recovery Funds. For Puerto Rico, the Secretary has determined that the current level of the unemployment rate (8.8 percent, as of March 2021179) is sufficiently high such that Treasury should not withhold any portion of its payment from the Fiscal Recovery Funds regardless of its change in 171 Includes the period during and immediately following recessions, as defined by the National Bureau of Economic Research. National Bureau of Economic Research, US Business Cycle Expansions and o Contractions, https://www.nber.org/research/data/us-business-cycle-expansions-and-contractions (last v visited Apr. 27, 20201). Based on data from U.S. Bureau of Labor Statistics, Unemployment Rate N [UNRATE], retrieved from FRED, Federal Reserve Bank of St. Louis, N https://fred.stlouisfed.org/series/UNRATE (last visited Apr. 27, 2021). o 179 U.S. Bureau of Labor Statistics, Economic News Release — Table 1. Civilian labor force and Q 0 unemployment by state and selected area, seasonally adjusted, c https://www.bls.gov/news.release/laus.tOLhtm (last visited Apr. 30, 2021). E z 104 Q Packet Pg. 433 8.1.c unemployment rate relative to its pre -pandemic level. For U.S. territories that are not included in the Bureau of Labor Statistics' monthly unemployment rate data, the Secretary will not exercise the authority to withhold amounts from the Fiscal Recovery Funds. VI. Transfer The statute authorizes State, territorial, and Tribal governments; counties; metropolitan cities; and nonentitlement units of local government (counties, metropolitan cities, and nonentitlement units of local government are collectively referred to as "local governments") to transfer amounts paid from the Fiscal Recovery Funds to a number of specified entities. By permitting these transfers, Congress recognized the importance of providing flexibility to governments seeking to achieve the greatest impact with their funds, including by working with other levels or units of government or private entities to assist recipient governments in carrying out their programs. This includes special-purpose districts that perform specific functions in the community, such as fire, water, sewer, or mosquito abatement districts. Specifically, under section 602(c)(3), a State, territory, or Tribal government may transfer funds to a "private nonprofit organization ... a Tribal organization ... a public benefit corporation involved in the transportation of passengers or cargo, or a special-purpose unit of State or local government."180 Similarly, section 603(c)(3) authorizes a local government to transfer funds to the same entities (other than Tribal organizations). The Interim Final Rule clarifies that the lists of transferees in Sections 602(c)(3) and 603(c)(3) are not exclusive. The Interim Final Rule permits State, territorial, and Tribal governments to transfer Fiscal Recovery Funds to other constituent units of government or "' § 602(c)(3) of the Act. 105 T N O N O 7 LO O C E z Q Packet Pg. 434 8.1.c private entities beyond those specified in the statute. Similarly, local governments are authorized to transfer Fiscal Recovery Funds to other constituent units of government (e.g., a county is able to transfer Fiscal Recovery Funds to a city, town, or school district within it) or to private entities. This approach is intended to help provide funding to local governments with needs that may exceed the allocation provided under the statutory formula. State, local, territorial, and Tribal governments that receive a Federal award directly from a Federal awarding agency, such as Treasury, are "recipients." A transferee receiving a transfer from a recipient under sections 602(c)(3) and 603(c)(3) will be a subrecipient. Subrecipients are entities that receive a subaward from a recipient to carry out a program or project on behalf of the recipient with the recipient's Federal award funding. The recipient remains responsible for monitoring and overseeing the subrecipient's use of Fiscal Recovery Funds and other activities related to the award to ensure that the subrecipient complies with the statutory and regulatory requirements and the terms and conditions of the award. Recipients also remain responsible for reporting to Treasury on their subrecipients' use of payments from the Fiscal Recovery Funds for the duration of the award. Transfers under sections 602(c)(3) and 603(c)(3) must qualify as an eligible use of Fiscal Recovery Funds by the transferor. Once Fiscal Recovery Funds are received, the transferee must abide by the restrictions on use applicable to the transferor under the ARPA and other applicable law and program guidance. For example, if a county transferred Fiscal Recovery Funds to a town within its borders to respond to the COVID-19 public health emergency, the town would be bound by the eligible use requirements applicable to the county in carrying out the county's goal. r N O N This also means that county A may not transfer Fiscal Recovery Funds to county B for use in o Ln 0 c m E t 106 Q Packet Pg. 435 8.1.c county B because such a transfer would not, from the perspective of the transferor (county A), be an eligible use in county A. Section 603(c)(4) separately provides for transfers by a local government to its State or territory. A transfer under section 603(c)(4) will not make the State a subrecipient of the local government, and such Fiscal Recovery Funds may be used by the State for any purpose permitted under section 602(c). A transfer under section 603(c)(4) will result in a cancellation or termination of the award on the part of the transferor local government and a modification of the award to the transferee State or territory. The transferor must provide notice of the transfer to Treasury in a format specified by Treasury. If the local government does not provide such notice, it will remain legally obligated to Treasury under the award and remain responsible for ensuring that the awarded Fiscal Recovery Funds are being used in accordance with the statute and program guidance and for reporting on such uses to Treasury. A State that receives a transfer from a local government under section 603(c)(4) will be bound by all of the use restrictions set forth in section 602(c) with respect to the use of those Fiscal Recovery Funds, including the prohibitions on use of such Fiscal Recovery Funds to offset certain reductions in taxes or to make deposits into pension funds. Question 35: What are the advantages and disadvantages of treating the list of transferees in sections 602(c)(3) and 603(c)(3) as nonexclusive, allowing States and localities to transfer funds to entities outside of the list? Question 36: Are there alternative ways of defining "Special-purpose unit of State or local government" and ` public benefit corporation " that would better further the aims of the r N O N Funds? c LO 0 c 0 E t 107 Q Packet Pg. 436 8.1.c VII. Nonentitlement Units of Government The Fiscal Recovery Funds provides for $19.53 billion in payments to be made to States and territories which will distribute the funds to nonentitlement units of local government (NEUs); local governments which generally have populations below 50,000. These local governments have not yet received direct fiscal relief from the Federal government during the COVID-19 public health emergency, making Fiscal Recovery Funds payments an important source of support for their public health and economic responses. Section 603 requires Treasury to allocate and pay Fiscal Recovery Funds to the States and territories and requires the States and territories to distribute Fiscal Recovery Funds to NEUs based on population within 30 days of receipt unless an extension is granted by the Secretary. The Interim Final Rule clarifies certain aspects regarding the distribution of Fiscal Recovery by States and territories to NEUs, as well as requirements around timely payments from the Fiscal Recovery Funds. The ARPA requires that States and territories allocate funding to NEUs in an amount that bears the same proportion as the population of the NEU bears to the total population of all NEUs in the State or territory, subject to a cap (described below). Because the statute requires States and territories to make distributions based on population, States and territories may not place additional conditions or requirements on distributions to NEUs, beyond those required by the ARPA and Treasury's implementing regulations and guidance. For example, a State may not impose stricter limitations than permitted by statute or Treasury regulations or guidance on an NEU's use of Fiscal Recovery Funds based on the NEU's proposed spending plan or other policies. States and territories are also not permitted to offset any debt owed by the NEU against r N O N the NEU's distribution. Further, States and territories may not provide funding on a c LO 0 reimbursement basise.g., requiring NEUs to pay for project costs up front before being as E 108 Q Packet Pg. 437 8.1.c reimbursed with Fiscal Recovery Funds payments —because this funding model would not comport with the statutory requirement that States and territories make distributions to NEUs within the statutory timeframe. Similarly, States and territories distributing Fiscal Recovery Funds payments to NEUs are responsible for complying with the Fiscal Recovery Funds statutory requirement that distributions to NEUs not exceed 75 percent of the NEU's most recent budget. The most recent budget is defined as the NEU's most recent annual total operating budget, including its general fund and other funds, as of January 27, 2020. Amounts in excess of such cap and therefore not distributed to the NEU must be returned to Treasury by the State or territory. States and territories may rely for this determination on a certified top -line budget total from the NEU. Under the Interim Final Rule, the total allocation and distribution to an NEU, including the sum of both the first and second tranches of funding, cannot exceed the 75 percent cap. States and territories must permit NEUs without formal budgets as of January 27, 2020 to self - certify their most recent annual expenditures as of January 27, 2020 for the purpose of calculating the cap. This approach will provide an administrable means to implement the cap for small local governments that do not adopt a formal budget. Section 603(b)(3) of the Social Security Act provides for Treasury to make payments to counties but provides that, in the case of an amount to be paid to a county that is not a unit of general local government, the amount shall instead be paid to the State in which such county is located, and such State shall distribute such amount to each unit of general local government within such county in an amount that bears the same proportion to the amount to be paid to such r N O N county as the population of such units of general local government bears to the total population o LO 0 of such county. As with NEUs, States may not place additional conditions or requirements on as E 109 Q Packet Pg. 438 8.1.c distributions to such units of general local government, beyond those required by the ARPA and Treasury's implementing regulations and guidance. In the case of consolidated governments, section 603(b)(4) allows consolidated governments (e.g., a city -county consolidated government) to receive payments under each allocation based on the respective formulas. In the case of a consolidated government, Treasury interprets the budget cap to apply to the consolidated government's NEU allocation under section 603(b)(2) but not to the consolidated government's county allocation under section 603(b)(3). If necessary, States and territories may use the Fiscal Recovery Funds under section 602(c)(1)(A) to fund expenses related to administering payments to NEUs and units of general local government, as disbursing these funds itself is a response to the public health emergency and its negative economic impacts. If a State or territory requires more time to disburse Fiscal Recovery Funds to NEUs than the allotted 30 days, Treasury will grant extensions of not more than 30 days for States and territories that submit a certification in writing in accordance with section 603(b)(2)(C)(ii)(I). Additional extensions may be granted at the discretion of the Secretary. Question 37: What are alternative ways for States and territories to enforce the 75 percent cap while reducing the administrative burden on them? Question 38: What criteria should Treasury consider in assessing requests for extensions for further time to distribute NEUpayments? VIIL Reporting r N O N States (defined to include the District of Columbia), territories, metropolitan cities, o LO 0 counties, and Tribal governments will be required to submit one interim report and thereafter as E 110 Q Packet Pg. 439 8.1.c quarterly Project and Expenditure reports through the end of the award period on December 31, 2026. The interim report will include a recipient's expenditures by category at the summary level from the date of award to July 31, 2021 and, for States and territories, information related to distributions to nonentitlement units. Recipients must submit their interim report to Treasury by August 31, 2021. Nonentitlement units of local government are not required to submit an interim report. The quarterly Project and Expenditure reports will include financial data, information on contracts and subawards over $50,000, types of projects funded, and other information regarding a recipient's utilization of the award funds. The reports will include the same general data (e.g., on obligations, expenditures, contracts, grants, and sub -awards) as those submitted by recipients of the CRF, with some modifications. Modifications will include updates to the expenditure categories and the addition of data elements related to specific eligible uses, including some of the reporting elements described in sections above. The initial quarterly Project and Expenditure report will cover two calendar quarters from the date of award to September 30, 2021, and must be submitted to Treasury by October 31, 2021. The subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury within 30 days after the end of each calendar quarter. Nonentitlement units of local government will be required to submit annual Project and Expenditure reports until the end of the award period on December 31, 2026. The initial annual Project and Expenditure report for nonentitlement units of local government will cover activity from the date of award to September 30, 2021 and must be submitted to Treasury by r N O N October 31, 2021. The subsequent annual reports must be submitted to Treasury by October 31 c Ln 0 each year. c as E 111 � Q Packet Pg. 440 8.1.c States, territories, metropolitan cities, and counties with a population that exceeds 250,000 residents will also be required to submit an annual Recovery Plan Performance report to Treasury. The Recovery Plan Performance report will provide the public and Treasury information on the projects that recipients are undertaking with program funding and how they are planning to ensure project outcomes are achieved in an effective, efficient, and equitable manner. Each jurisdiction will have some flexibility in terms of the form and content of the Recovery Plan Performance report, as long as it includes the minimum information required by Treasury. The Recovery Plan Performance report will include key performance indicators identified by the recipient and some mandatory indicators identified by Treasury, as well as programmatic data in specific eligible use categories and the specific reporting requirements described in the sections above. The initial Recovery Plan Performance report will cover the period from the date of award to July 31, 2021 and must be submitted to Treasury by August 31, 2021. Thereafter, Recovery Plan Performance reports will cover a 12-month period, and recipients will be required to submit the report to Treasury within 30 days after the end of the 12-month period. The second Recovery Plan Performance report will cover the period from July 1, 2021 to June 30, 2022, and must be submitted to Treasury by July 31, 2022. Each annual Recovery Plan Performance report must be posted on the public -facing website of the recipient. Local governments with fewer than 250,000 residents, Tribal governments, and nonentitlement units of local government are not required to develop a Recovery Plan Performance report. Treasury will provide additional guidance and instructions on the reporting requirements outlined above for the Fiscal Recovery Funds at a later date. r N O N O 7 LO O C E t 112 r r+ Q Packet Pg. 441 8.1.c IX. Comments and Effective Date This Interim Final Rule is being issued without advance notice and public comment to allow for immediate implementation of this program. As discussed below, the requirements of advance notice and public comment do not apply "to the extent that there is involved ... a matter relating to agency ... grants."181 The Interim Final Rule implements statutory conditions on the eligible uses of the Fiscal Recovery Funds grants, and addresses the payment of those funds, the reporting on uses of funds, and potential consequences of ineligible uses. In addition and as discussed below, the Administrative Procedure Act also provides an exception to ordinary notice -and -comment procedures "when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest."182 This good cause justification also supports waiver of the 60-day delayed effective date for major rules under the Congressional Review Act at 5 U.S.C. 808(2). Although this Interim Final Rule is effective immediately, comments are solicited from interested members of the public and from recipient governments on all aspects of the Interim Final Rule. These comments must be submitted on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. T N O N O 7 181 5 U.S.C. 553(a)(2). L0 0 182 5 U.S.C. 553(b)(3)(B); see also 5 U.S.C. 553(d)(3) (creating an exception to the requirement of a 30-CD c day delay before the effective date of a rule "for good cause found and published with the rule"). E z 113 Q Packet Pg. 442 8.1.c X. Regulatory Analyses Executive Orders 12866 and 13563 This Interim Final Rule is economically significant for the purposes of Executive Orders 12866 and 13563. Treasury, however, is proceeding under the emergency provision at Executive Order 12866 section 6(a)(3)(D) based on the need to act expeditiously to mitigate the current economic conditions arising from the COVID-19 public health emergency. The rule has been reviewed by the Office of Management and Budget (OMB) in accordance with Executive Order 12866. This rule is necessary to implement the ARPA in order to provide economic relief to State, local, and Tribal governments adversely impacted by the COVID-19 public health emergency. Under Executive Order 12866, OMB must determine whether this regulatory action is "significant" and, therefore, subject to the requirements of the Executive Order and subject to review by OMB. Section 3(f) of Executive Order 12866 defines a significant regulatory action as an action likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or Tribal governments or communities in a material way (also referred to as "economically significant" regulations); (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impacts of entitlements, grants, user fees, or loan r N O N programs or the rights and obligations of recipients thereof; or o Ln 0 c m E t 114 Q Packet Pg. 443 8.1.c (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles stated in the Executive Order. This regulatory action is an economically significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866. Treasury has also reviewed these regulations under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, section 1(b) of Executive Order 13563 requires that an agency: (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify); (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) Select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and (5) Identify and assess available alternatives to direct regulation, including providing economic incentives —such as user fees or marketable permits —to encourage the desired behavior, or providing information that enables the public to make choices. Executive Order 13563 also requires an agency "to use the best available techniques to r N O N quantify anticipated present and future benefits and costs as accurately as possible." OMB's c Ln 0 Office of Information and Regulatory Affairs (OIRA) has emphasized that these techniques may as E 115 Q Packet Pg. 444 8.1.c include "identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes." Treasury has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action, and is issuing this Interim Final Rule only on a reasoned determination that the benefits exceed the costs. In choosing among alternative regulatory approaches, Treasury selected those approaches that would maximize net benefits. Based on the analysis that follows and the reasons stated elsewhere in this document, Treasury believes that this Interim Final Rule is consistent with the principles set forth in Executive Order 13563. Treasury also has determined that this regulatory action does not unduly interfere with States, territories, Tribal governments, and localities in the exercise of their governmental functions. This Regulatory Impact Analysis discusses the need for regulatory action, the potential benefits, and the potential costs. Need for Regulatory Action. This Interim Final Rule implements the $350 billion Fiscal Recovery Funds of the ARPA, which Congress passed to help States, territories, Tribal governments, and localities respond to the ongoing COVID-19 public health emergency and its economic impacts. As the agency charged with execution of these programs, Treasury has concluded that this Interim Final Rule is needed to ensure that recipients of Fiscal Recovery Funds fully understand the requirements and parameters of the program as set forth in the statute and deploy funds in a manner that best reflects Congress' mandate for targeted fiscal relief. This Interim Final Rule is primarily a transfer rule: it transfers $350 billion in aid from the Federal government to states, territories, Tribal governments, and localities, generating a r N O N significant macroeconomic effect on the U.S. economy. In making this transfer, Treasury has c Ln 0 sought to implement the program in ways that maximize its potential benefits while minimizing as E 116 Q Packet Pg. 445 8.1.c its costs. It has done so by aiming to target relief in key areas according to the congressional mandate; offering clarity to States, territories, Tribal governments, and localities while maintaining their flexibility to respond to local needs; and limiting administrative burdens. Analysis of Benefits. Relative to a pre -statutory baseline, the Fiscal Recovery Funds provide a combined $350 billion to State, local, and Tribal governments for fiscal relief and support for costs incurred responding to the COVID-19 pandemic. Treasury believes that this transfer will generate substantial additional economic activity, although given the flexibility accorded to recipients in the use of funds, it is not possible to precisely estimate the extent to which this will occur and the timing with which it will occur. Economic research has demonstrated that state fiscal relief is an efficient and effective way to mitigate declines in jobs and output during an economic downturn.183 Absent such fiscal relief, fiscal austerity among State, local, and Tribal governments could exert a prolonged drag on the overall economic recovery, as occurred following the 2007-09 recession.184 This Interim Final Rule provides benefits across several areas by implementing the four eligible funding uses, as defined in statute: strengthening the response to the COVID-19 public health emergency and its economic impacts; easing fiscal pressure on State, local, and Tribal governments that might otherwise lead to harmful cutbacks in employment or government 183 Gabriel Chodorow-Reich et al., Does State Fiscal Relief during Recessions Increase Employment? Evidence from the American Recovery and Reinvestment Act, American Econ. J.: Econ. Policy, 4:3 118- 45 (Aug. 2012), available at https://www.aeaweb.org/articles?id=10. 1257/pol.4.3.118 isa See, e.g., Fitzpatrick, Haughwout & Setren, Fiscal Drag from the State and Local Sector?, Liberty c Street Economics Blog, Federal Reserve Bank of New York (June 27, 2012), N 0 https://www.libertystreeteconomics.newyorkfed. org/2012/06/fiscal-drag-from-the-state-and-local- sector.html; Jiri Jonas, Great Recession and Fiscal Squeeze at U.S. Subnational Government Level, IMF CD 0 Working Paper 12/184, (July 2012), available at c https://www.imf.org/extemal/pubs/ft/wp/2012/wpl2l84.pdf; Gordon, supra note 9. E z 117 cc Q Packet Pg. 446 8.1.c services; providing premium pay to essential workers; and making necessary investments in certain types of infrastructure. In implementing the ARPA, Treasury also sought to support disadvantaged communities that have been disproportionately impacted by the pandemic. The Fiscal Recovery Funds as implemented by the Interim Final Rule can be expected to channel resources toward these uses in order to achieve substantial near -term economic and public health benefits, as well as longer -term benefits arising from the allowable investments in water, sewer, and broadband infrastructure and aid to families. These benefits are achieved in the Interim Final Rule through a broadly flexible approach that sets clear guidelines on eligible uses of Fiscal Recovery Funds and provides State, local, and Tribal government officials discretion within those eligible uses to direct Fiscal Recovery Funds to areas of greatest need within their jurisdiction. While preserving recipients' overall flexibility, the Interim Final Rule includes several provisions that implement statutory requirements and will help support use of Fiscal Recovery Funds to achieve the intended benefits. The remainder of this section clarifies how Treasury's approach to key provisions in the Interim Final Rule will contribute to greater realization of benefits from the program. • Revenue Loss: Recipients will compute the extent of reduction in revenue by comparing actual revenue to a counterfactual trend representing what could have plausibly been expected to occur in the absence of the pandemic. The counterfactual trend begins with the last full fiscal year prior to the public health emergency (as required by statute) and projects forward with an annualized growth adjustment. Treasury's decision to incorporate a growth adjustment into the calculation of revenue loss ensures that the r N O N formula more fully captures revenue shortfalls relative to recipients' pre -pandemic o LO 0 expectations. Moreover, recipients will have the opportunity to re -calculate revenue loss c a) E 118 cc Q Packet Pg. 447 8.1.c at several points throughout the program, recognizing that some recipients may experience revenue effects with a lag. This option to re -calculate revenue loss on an ongoing basis should result in more support for recipients to avoid harmful cutbacks in future years. In calculating revenue loss, recipients will look at general revenue in the aggregate, rather than on a source -by -source basis. Given that recipients may have experienced offsetting changes in revenues across sources, Treasury's approach provides a more accurate representation of the effect of the pandemic on overall revenues. • Premium Pay: Per the statute, recipients have broad latitude to designate critical infrastructure sectors and make grants to third -party employers for the purpose of providing premium pay or otherwise respond to essential workers. While the Interim Final Rule generally preserves the flexibility in the statute, it does add a requirement that recipients give written justification in the case that premium pay would increase a worker's annual pay above a certain threshold. To set this threshold, Treasury analyzed data from the Bureau of Labor Statistics to determine a level that would not require further justification for premium pay to the vast majority of essential workers, while requiring higher scrutiny for provision of premium pay to higher -earners who, even without premium pay, would likely have greater personal financial resources to cope with the effects of the pandemic. Treasury believes the threshold in the Interim Final Rule strikes the appropriate balance between preserving flexibility and helping encourage use of these resources to help those in greatest need. The Interim Final Rule also requires that eligible workers have regular in -person interactions or regular physical handling of r N O N items that were also handled by others. This requirement will also help encourage use of o LO 0 c m E t 119 Q Packet Pg. 448 8.1.c financial resources for those who have endured the heightened risk of performing essential work. • Withholding of Payments to Recipients: Treasury believes that for the vast majority of recipient entities, it will be appropriate to receive funds in two separate payments. As discussed above, withholding of payments ensures that recipients can adapt spending plans to evolving economic conditions and that at least some of the economic benefits will be realized in 2022 or later. However, consistent with authorities granted to Treasury in the statute, Treasury recognizes that a subset of States with significant remaining elevation in the unemployment rate could face heightened additional near -term needs to aid unemployed workers and stimulate the recovery. Therefore, for a subset of State governments, Treasury will not withhold any funds from the first payment. Treasury believes that this approach strikes the appropriate balance between the general reasons to provide funds in two payments and the heightened additional near -term needs in specific States. As discussed above, Treasury set a threshold based on historical analysis of unemployment rates in recessions. • Hiring Public Sector Employ: The Interim Final Rule states explicitly that recipients may use funds to restore their workforces up to pre -pandemic levels. Treasury believes that this statement is beneficial because it eliminates any uncertainty that could cause delays or otherwise negatively impact restoring public sector workforces (which, at time of publication, remain significantly below pre -pandemic levels). Finally, the Interim Final Rule aims to promote and streamline the provision of assistance r N O N to individuals and communities in greatest need, particularly communities that have been o LO 0 historically disadvantaged and have experienced disproportionate impacts of the COVID-19 c as E 120 Q Packet Pg. 449 8.1.c crisis. Targeting relief is in line with Executive Order 13985 On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, which laid out an Administration -wide priority to support "equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality."185 To this end, the Interim Final Rule enumerates a list of services that may be provided using Fiscal Recovery Funds in low-income areas to address the disproportionate impacts of the pandemic in these communities; establishes the characteristics of essential workers eligible for premium pay and encouragement to serve workers based on financial need; provides that recipients may use Fiscal Recovery Funds to restore (to pre -pandemic levels) state and local workforces, where women and people of color are disproportionately represented;186 and targets investments in broadband infrastructure to unserved and underserved areas. Collectively, these provisions will promote use of resources to facilitate the provision of assistance to individuals and communities with the greatest need. Analysis of Costs. This regulatory action will generate administrative costs relative to a pre -statutory baseline. This includes, chiefly, costs required to administer Fiscal Recovery Funds, oversee subrecipients and beneficiaries, and file periodic reports with Treasury. It also requires States to allocate Fiscal Recovery Funds to nonentitlement units, which are smaller units of local government that are statutorily required to receive their funds through States. iss Executive Order on Advancing Racial Equity and Support for Underserved Communities through the 0` Federal Government (Jan. 20, 2021), https://www.whitehouse.gov/briefing-room/presidential- v T actions/2021/01/20/executive-order-advancing-racial-equity-and-support-for-underserved-communities- c through -the -federal -government/ (last visited May 9, 2021). c Ln is6 David Cooper, Mary Gable & Algernon Austin, Economic Policy Institute Briefing Paper, The Public- c Sector Jobs Crisis: Women and African Americans hit hardest by job losses instate and local c overnments h s //www.e i or / ublication/b 339- ublic-sector- obs-crisis last visited May 9 2021). E g ��� p• gp p p J ( Y z 121 cc Q Packet Pg. 450 8.1.c Treasury expects that the administrative burden associated with this program will be moderate for a grant program of its size. Treasury expects that most recipients receive direct or indirect funding from Federal government programs and that many have familiarity with how to administer and report on Federal funds or grant funding provided by other entities. In particular, States, territories, and large localities will have received funds from the CRF and Treasury expects them to rely heavily on established processes developed last year or through prior grant funding, mitigating burden on these governments. Treasury expects to provide technical assistance to defray the costs of administration of Fiscal Recovery Funds to further mitigate burden. In making implementation choices, Treasury has hosted numerous consultations with a diverse range of direct recipients —States, small cities, counties, and Tribal governments —along with various communities across the United States, including those that are underserved. Treasury lacks data to estimate the precise extent to which this Interim Final Rule generates administrative burden for State, local, and Tribal governments, but seeks comment to better estimate and account for these costs, as well as on ways to lessen administrative burdens. Executive Order 13132 Executive Order 13132 (entitled Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State, local, and Tribal governments, and is not required by statute, or preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This Interim Final Rule does not have federalism implications within the meaning of the r N O N Executive Order and does not impose substantial, direct compliance costs on State, local, and c Ln 0 Tribal governments or preempt state law within the meaning of the Executive Order. The as E 122 Q Packet Pg. 451 8.1.c compliance costs are imposed on State, local, and Tribal governments by sections 602 and 603 of the Social Security Act, as enacted by the AR -PA. Notwithstanding the above, Treasury has engaged in efforts to consult and work cooperatively with affected State, local, and Tribal government officials and associations in the process of developing the Interim Final Rule. Pursuant to the requirements set forth in section 8(a) of Executive Order 13132, Treasury certifies that it has complied with the requirements of Executive Order 13132. Administrative Procedure Act The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., generally requires public notice and an opportunity for comment before a rule becomes effective. However, the APA provides that the requirements of 5 U.S.C. 553 do not apply "to the extent that there is involved . .. a matter relating to agency ... grants." The Interim Final Rule implements statutory conditions on the eligible uses of the Fiscal Recovery Funds grants, and addresses the payment of those funds, the reporting on uses of funds, and potential consequences of ineligible uses. The rule is thus "both clearly and directly related to a federal grant program." National Wildlife Federation v. Snow, 561 F.2d 227, 232 (D.C. Cir. 1976). The rule sets forth the "process necessary to maintain state ... eligibility for federal funds," id., as well as the "method[s] by which states can ... qualify for federal aid," and other "integral part[s] of the grant program," Center for Auto Safety v. Tiemann, 414 F. Supp. 215, 222 (D.D.C. 1976). As a result, the requirements of 5 U.S.C. 553 do not apply. The APA also provides an exception to ordinary notice -and -comment procedures "when the agency for good cause finds (and incorporates the finding and a brief statement of reasons r N O N therefor in the rules issued) that notice and public procedure thereon are impracticable, o Ln 0 unnecessary, or contrary to the public interest." 5 U.S.C. 553(b)(3)(B); see also 5 U.S.C. c as E 123 Q Packet Pg. 452 8.1.c 553(d)(3) (creating an exception to the requirement of a 30-day delay before the effective date of a rule "for good cause found and published with the rule"). Assuming 5 U.S.C. 553 applied, Treasury would still have good cause under sections 553(b)(3)(B) and 553(d)(3) for not undertaking section 553's requirements. The ARPA is a law responding to a historic economic and public health emergency; it is "extraordinary" legislation about which "both Congress and the President articulated a profound sense of `urgency."' Petry v. Block, 737 F.2d 1193, 1200 (D.C. Cir. 1984). Indeed, several provisions implemented by this Interim Final Rule (sections 602(c)(1)(A) and 603(c)(1)(A)) explicitly provide funds to "respond to the public health emergency," and the urgency is further exemplified by Congress's command (in sections 602(b)(6)(B) and 603(b)(7)(A)) that, "[t]o the extent practicable," funds must be provided to Tribes and cities "not later than 60 days after the date of enactment." See Philadelphia Citizens in Action v. Schweiker, 669 F.2d 877, 884 (3d Cir. 1982) (finding good cause under circumstances, including statutory time limits, where APA procedures would have been "virtually impossible"). Finally, there is an urgent need for States to undertake the planning necessary for sound fiscal policymaking, which requires an understanding of how funds provided under the ARPA will augment and interact with existing budgetary resources and tax policies. Treasury understands that many states require immediate rules on which they can rely, especially in light of the fact that the ARPA "covered period" began on March 3, 2021. The statutory urgency and practical necessity are good cause to forego the ordinary requirements of notice - and -comment rulemaking. Congressional Review Act r N O N The Administrator of OIRA has determined that this is a major rule for purposes of Subtitle E of o LO 0 the Small Business Regulatory Enforcement and Fairness Act of 1996 (also known as the as E 124 Q Packet Pg. 453 8.1.c Congressional Review Act or CRA) (5 U.S.C. 804(2) et seq.). Under the CRA, a major rule takes effect 60 days after the rule is published in the Federal Register. 5 U.S.C. 801(a)(3). Notwithstanding this requirement, the CRA allows agencies to dispense with the requirements of section 801 when the agency for good cause finds that such procedure would be impracticable, unnecessary, or contrary to the public interest and the rule shall take effect at such time as the agency promulgating the rule determines. 5 U.S.C. 808(2). Pursuant to section 808(2), for the reasons discussed above, Treasury for good cause finds that a 60-day delay to provide public notice is impracticable and contrary to the public interest. Paperwork Reduction Act The information collections associated with State, territory, local, and Tribal government applications materials necessary to receive Fiscal Recovery Funds (e.g., payment information collection and acceptance of award terms) have been reviewed and approved by OMB pursuant to the Paperwork Reduction Act (44 U.S.C. Chapter 35) (PRA) emergency processing procedures and assigned control number 1505-0271. The information collections related to ongoing reporting requirements, as discussed in this Interim Final Rule, will be submitted to OMB for emergency processing in the near future. Under the PRA, an agency may not conduct or sponsor and a respondent is not required to respond to, an information collection unless it displays a valid OMB control number. Estimates of hourly burden under this program are set forth in the table below. Burden estimates below are preliminary. T N O N O 7 LO O C E t 125 r r+ Q Packet Pg. 454 8.1.c # # Responses Hours Total Cost to Reporting Respondents Per Total per Burden Respondent Responses ($48.80 per (Estimated) Respondent response in Hours hour*) Recipient Payment 5,050 1 5,050 .25(15 1,262.5 $61,610 minutes) Form Acceptance .25(15 of Award 5,050 1 5,050 1,262.5 $61,610 minutes) ) Terms Title VI 5,050 1 5,050 .50 (30 2,525 $123 220 ' Assurances minutes) Quarterly Project and 5,050 4 per year 20,200 25 505,000 $24,644,000 Expenditure after first year Report Annual Project and 20 000- $14,640,000 Expenditure TBD 1 per year 40,000 15 300 000 — - Report from ( Estito 600,000 $29,280,000 only) NEUs Annual Recovery Plan 418 1 per year 418 100 41,800 $2,039,840 Performance report $41,570,280 Total 5,050 — TBD N/A 55 768 - 141 851 850 - - 75,768 1,151,850 $56,210,280 * Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Accountants and Auditors, on the Internet at https://www.bls.gov/ooh/business-and-financial/accountants-and- auditors.htm (visited March 28, 2020). Base wage of $33.89/hour increased by 44 percent to account for o fully loaded employer cost of employee compensation (benefits, etc.) for a fully loaded wage rate of U $48.80. r N O N O 7 Periodic reporting is required by section 602(c) of Section VI of the Social Security Act o c and under the Interim Final Rule. 0 E 126 Q Packet Pg. 455 8.1.c As discussed in Section VIII of this Supplementary Information, recipients of Fiscal Recovery Funds will be required to submit one interim report and thereafter quarterly Project and Expenditure reports until the end of the award period. Recipients must submit interim reports to Treasury by August 31, 2021. The quarterly Project and Expenditure reports will include financial data, information on contracts and subawards over $50,000, types of projects funded, and other information regarding a recipient's utilization of the award funds. Nonentitlement unit recipients will be required to submit annual Project and Expenditure reports until the end of the award period. The initial annual Project and Expenditure report for Nonentitlement unit recipients must be submitted to Treasury by October 31, 2021. The subsequent annual reports must be submitted to Treasury by October 31 each year. States, territories, metropolitan cities, and counties with a population that exceeds 250,000 residents will also be required to submit an annual Recovery Plan Performance report to Treasury. The Recovery Plan Performance report will include descriptions of the projects funded and information on the performance indicators and objectives of the award. Each annual Recovery Plan Performance report must be posted on the public -facing website of the recipient. Treasury will provide additional guidance and instructions on the all the reporting requirements outlined above for the Fiscal Recovery Funds program at a later date. These and related periodic reporting requirements are under consideration and will be submitted to OMB for approval under the PRA emergency provisions in the near future. Treasury invites comments on all aspects of the reporting and recordkeeping requirements including: (a) Whether the collection of information is necessary for the proper performance of r N O N the functions of the agency, including whether the information has practical utility; (b) the c Ln 0 accuracy of the estimate of the burden of the collection of information; (c) ways to enhance the as E 127 Q Packet Pg. 456 8.1.c quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Comments should be sent by the comment deadline to the www.regulations.gov docket with a copy to the Office of Information and Regulatory Affairs, U.S. Office of Management and Budget, 725 17th Street NW, Washington, DC 20503; or email to oira—submission@omb.eop.gov. Regulatory Flexibility Analysis The Regulatory Flexibility Act (RFA) generally requires that when an agency issues a proposed rule, or a final rule pursuant to section 553(b) of the Administrative Procedure Act or another law, the agency must prepare a regulatory flexibility analysis that meets the requirements of the RFA and publish such analysis in the Federal Register. 5 U.S.C. 603, 604. Rules that are exempt from notice and comment under the APA are also exempt from the RFA requirements, including the requirement to conduct a regulatory flexibility analysis, when among other things the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. Since this rule is exempt from the notice and comment requirements of the APA, Treasury is not required to conduct a regulatory flexibility analysis. T N O N O 7 Ln O ++ C E t 128 r r+ Q Packet Pg. 457 8.1.c RULE TEXT List of Subjects in 31 CFR Part 35 Executive compensation, State and Local Governments, Tribal Governments, Public health emergency. Title 31—Money and Finance: Treasury Part 35 - PANDEMIC RELIEF PROGRAMS 1. The authority citation for Part 35 is revised to read as follows: Authority: 42 U.S.C. 802(f); 42 U.S.C. 803(f); 31 U.S.C. 321; Consolidated Appropriations Act, 2021 (Pub. L. 116-260), Division N, Title V, Subtitle B; Community Development Banking and Financial Institutions Act of 1994 (enacted as part of the Riegle Community and Regulatory Improvement Act of 1994 (Pub. L. 103-325)), as amended (12 U.S.C. 4701 et seq.), Section 104A; Pub. L. 117-2. 2. Revise the part heading as shown above. 3. Add Subpart A to read as follows: Subpart A— CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Sec. 35.1 Purpose. 35.2 Applicability. 35.3 Definitions. 35.4 Reservation of Authority, Reporting. 35.5 Use of Funds. o 35.6 Eligible Uses. W 35.7 Pensions. in 35.8 Tax. L 35.9. Compliance with Applicable Laws. 35.10. Recoupment. c 35.11 Payments to States. 0 35.12. Distributions to Nonentitlement Units of Local Government and Units of General Local r Government. N 0 Authority: 42 U.S.C. 802(f); 42 U.S.C. 803(f) c c as E 129 cc Q Packet Pg. 458 8.1.c § 35.1 Purpose. This part implements section 9901 of the American Rescue Plan Act (Subtitle M of Title IX of Public Law 117-2), which amends Title VI of the Social Security Act (42 U.S.C. 801 et seq.) by adding sections 602 and 603 to establish the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund. § 35.2 Applicability. This part applies to States, territories, Tribal governments, metropolitan cities, nonentitlement units of local government, counties, and units of general local government that accept a payment or transfer of funds made under section 602 or 603 of the Social Security Act. § 35.3 Definitions. Baseline means tax revenue of the recipient for its fiscal year ending in 2019, adjusted for inflation in each reporting year using the Bureau of Economic Analysis's Implicit Price Deflator for the gross domestic product of the United States. County means a county, parish, or other equivalent county division (as defined by the Census Bureau). Covered benefits include, but are not limited to, the costs of all types of leave (vacation, family -related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (Federal and State), workers' compensation insurance, and Federal Insurance Contributions Act taxes (which includes Social Security and Medicare taxes). T Covered change means a change in law, regulation, or administrative interpretation. A N 0 change in law includes any final legislative or regulatory action, a new or changed administrative c c as E 130 M Q Packet Pg. 459 8.1.c interpretation, and the phase -in or taking effect of any statute or rule if the phase -in or taking effect was not prescribed prior to the start of the covered period. Covered period means, with respect to a State, Territory, or Tribal government, the period that: (1) Begins on March 3, 2021; and (2) Ends on the last day of the fiscal year of such State, Territory, or Tribal government in which all funds received by the State, Territory, or Tribal government from a payment made under section 602 or 603 of the Social Security Act have been expended or returned to, or recovered by, the Secretary. COVID-19 means the Coronavirus Disease 2019. COVID-19 public health emergency means the period beginning on January 27, 2020 and until the termination of the national emergency concerning the COVID-19 outbreak declared pursuant to the National Emergencies Act (50 U.S.C. 1601 et. seq.). Deposit means an extraordinary payment of an accrued, unfunded liability. The term deposit does not refer to routine contributions made by an employer to pension funds as part of the employer's obligations related to payroll, such as either a pension contribution consisting of a normal cost component related to current employees or a component addressing the amortization of unfunded liabilities calculated by reference to the employer's payroll costs. Eligible employer means an employer of an eligible worker who performs essential work. Eligible workers means workers needed to maintain continuity of operations of essential critical infrastructure sectors, including health care; emergency response; sanitation, disinfection, r N O N and cleaning work; maintenance work; grocery stores, restaurants, food production, and food c LO 0 delivery; pharmacy; biomedical research; behavioral health work; medical testing and c as E 131 Q Packet Pg. 460 8.1.c diagnostics; home- and community -based health care or assistance with activities of daily living; family or child care; social services work; public health work; vital services to Tribes; any work performed by an employee of a State, local, or Tribal government; educational work, school nutrition work, and other work required to operate a school facility; laundry work; elections work; solid waste or hazardous materials management, response, and cleanup work; work requiring physical interaction with patients; dental care work; transportation and warehousing; work at hotel and commercial lodging facilities that are used for COVID-19 mitigation and containment; work in a mortuary; work in critical clinical research, development, and testing necessary for COVID-19 response. (1) With respect to a recipient that is a metropolitan city, nonentitlement unit of local government, or county, workers in any additional sectors as each chief executive officer of such recipient may designate as critical to protect the health and well-being of the residents of their metropolitan city, nonentitlement unit of local government, or county; or (2) With respect to a State, Territory, or Tribal government, workers in any additional sectors as each Governor of a State or Territory, or each Tribal government, may designate as critical to protect the health and well-being of the residents of their State, Territory, or Tribal government. Essential work means work that: (1) Is not performed while teleworking from a residence; and (2) Involves: (i) Regular in -person interactions with patients, the public, or coworkers of the individual r N O N that is performing the work; or o LO 0 c m E t 132 Q Packet Pg. 461 8.1.c (ii) Regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers of the individual that is performing the work. Funds means, with respect to a recipient, amounts provided to the recipient pursuant to a payment made under section 602(b) or 603(b) of the Social Security Act or transferred to the recipient pursuant to section 603(c)(4) of the Social Security Act. General revenue means money that is received from tax revenue, current charges, and miscellaneous general revenue, excluding refunds and other correcting transactions, proceeds from issuance of debt or the sale of investments, agency or private trust transactions, and intergovernmental transfers from the Federal government, including transfers made pursuant to section 9901 of the American Rescue Plan Act. General revenue does not include revenues from utilities. Revenue from Tribal business enterprises must be included in general revenue. Intergovernmental transfers means money received from other governments, including grants and shared taxes. Metropolitan city has the meaning given that term in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) and includes cities that relinquish or defer their status as a metropolitan city for purposes of receiving allocations under section 106 of such Act (42 U.S.C. 5306) for fiscal year 2021. Net reduction in total spending is measured as the State or Territory's total spending for a given reporting year excluding its spending of funds, subtracted from its total spending for its fiscal year ending in 2019, adjusted for inflation using the Bureau of Economic Analysis's Implicit Price Deflator for the gross domestic product of the United States. r N O N O 7 LO O C E t 133 Q Packet Pg. 462 8.1.c Nonentitlement unit of local government means a "city," as that term is defined in section 102(a)(5) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(5)), that is not a metropolitan city. Nonprofit means a nonprofit organization that is exempt from Federal income taxation and that is described in section 501(c)(3) of the Internal Revenue Code. Obligation means an order placed for property and services and entering into contracts, subawards, and similar transactions that require payment. plan. Pension fund means a defined benefit plan and does not include a defined contribution Premium pay means an amount of up to $13 per hour that is paid to an eligible worker, in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible worker during the COVID-19 public health emergency. Such amount may not exceed $25,000 with respect to any single eligible worker. Premium pay will be considered to be in addition to wages or remuneration the eligible worker otherwise receives if, as measured on an hourly rate, the premium pay is: (1) With regard to work that the eligible worker previously performed, pay and remuneration equal to the sum of all wages and remuneration previously received plus up to $13 per hour with no reduction, substitution, offset, or other diminishment of the eligible worker's previous, current, or prospective wages or remuneration; or (2) With regard to work that the eligible worker continues to perform, pay of up to $13 that is in addition to the eligible worker's regular rate of wages or remuneration, with no r N O N reduction, substitution, offset, or other diminishment of the workers' current and prospective c Ln 0 wages or remuneration. c as E 134 Q Packet Pg. 463 8.1.c Qualified census tract has the same meaning given in 26 U.S.C. 42(d)(5)(B)(ii)(I). Recipient means a State, Territory, Tribal government, metropolitan city, nonentitlement unit of local government, county, or unit of general local government that receives a payment made under section 602(b) or 603(b) of the Social Security Act or transfer pursuant to section 603(c)(4) of the Social Security Act. Reporting year means a single year or partial year within the covered period, aligned to the current fiscal year of the State or Territory during the covered period. Secretary means the Secretary of the Treasury. State means each of the 50 States and the District of Columbia Small business means a business concern or other organization that: (1) Has no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates, and (2) Is a small business concern as defined in section 3 of the Small Business Act (15 U.S.C. 632). Tax Revenue means revenue received from a compulsory contribution that is exacted by a government for public purposes excluding refunds and corrections and, for purposes of § 35.8, intergovernmental transfers. Tax revenue does not include payments for a special privilege granted or service rendered, employee or employer assessments and contributions to finance retirement and social insurance trust systems, or special assessments to pay for capital improvements. r N O N Territory means the Commonwealth of Puerto Rico, the United States Virgin Islands, c LO 0 Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa. as E 135 cc Q Packet Pg. 464 8.1.c Tribal enterprise means a business concern: (1) That is wholly owned by one or more Tribal governments, or by a corporation that is wholly owned by one or more Tribal governments; or (2) That is owned in part by one or more Tribal governments, or by a corporation that is wholly owned by one or more Tribal governments, if all other owners are either United States citizens or small business concerns, as these terms are used and consistent with the definitions in 15 U.S.C. 657a(b)(2)(D). Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published on January 29, 2021, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). Unemployment rate means the U-3 unemployment rate provided by the Bureau of Labor Statistics as part of the Local Area Unemployment Statistics program, measured as total unemployment as a percentage of the civilian labor force. Unemployment trust fund means an unemployment trust fund established under section 904 of the Social Security Act (42 U.S.C. 1104). Unit of general local government has the meaning given to that term in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)). Unserved and underserved households or businesses means one or more households or businesses that are not currently served by a wireline connection that reliably delivers at least r N O N 25 Mbps download speed and 3 Mbps of upload speed. o LO 0 c m E t 136 Q Packet Pg. 465 8.1.c § 35.4 Reservation of Authority, Reporting. (a) Reservation of authority. Nothing in this part shall limit the authority of the Secretary to take action to enforce conditions or violations of law, including actions necessary to prevent evasions of this subpart. (b) Extensions or accelerations of timing. The Secretary may extend or accelerate any deadline or compliance date of this part, including reporting requirements that implement this subpart, if the Secretary determines that such extension or acceleration is appropriate. In determining whether an extension or acceleration is appropriate, the Secretary will consider the period of time that would be extended or accelerated and how the modified timeline would facilitate compliance with this subpart. (c) Reporting and requests for other information. During the covered period, recipients shall provide to the Secretary periodic reports providing detailed accounting of the uses of funds, all modifications to a State or Territory's tax revenue sources, and such other information as the Secretary may require for the administration of this section. In addition to regular reporting requirements, the Secretary may request other additional information as may be necessary or appropriate, including as may be necessary to prevent evasions of the requirements of this subpart. False statements or claims made to the Secretary may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards or contracts, and/or any other remedy available by law. § 35.5 Use of funds. (a) In General. A recipient may only use funds to cover costs incurred during the period r N O N beginning March 3, 2021, and ending December 31, 2024, for one or more of the purposes c LO 0 enumerated in sections 602(c)(1) and 603(c)(1) of the Social Security Act, as applicable, 0 E 137 Q Packet Pg. 466 8.1.c including those enumerated in section § 35.6 of this subpart, subject to the restrictions set forth in sections 602(c)(2) and 603(c)(2) of the Social Security Act, as applicable. (b) Costs incurred. A cost shall be considered to have been incurred for purposes of paragraph (a) of this section if the recipient has incurred an obligation with respect to such cost by December 31, 2024. (c) Return of funds. A recipient must return any funds not obligated by December 31, 2024, and any funds not expended to cover such obligations by December 31, 2026. § 35.6 Eligible uses. (a) In General. Subject to §§ 35.7 and 35.8 of this subpart, a recipient may use funds for one or more of the purposes described in paragraphs (b)-(e) of this section (b) Responding to the public health emergency or its negative economic impacts. A recipient may use funds to respond to the public health emergency or its negative economic impacts, including for one or more of the following purposes: (1) COVID-19 response and prevention. Expenditures for the mitigation and prevention of COVID-19, including: (i) Expenses related to COVID-19 vaccination programs and sites, including staffing, acquisition of equipment or supplies, facilities costs, and information technology or other administrative expenses; (ii) COVID-19-related expenses of public hospitals, clinics, and similar facilities; (iii) COVID-19 related expenses in congregate living facilities, including skilled nursing r N O N facilities, long-term care facilities, incarceration settings, homeless shelters, residential foster o LO 0 care facilities, residential behavioral health treatment, and other group living facilities; as E 138 Q Packet Pg. 467 8.1.c (iv) Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs and other capital investments in public facilities to meet COVID-19-related operational needs; (v) Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs and other capital investments in public facilities to meet COVID-19-related operational needs; (vi) Costs of providing COVID-19 testing and monitoring, contact tracing, and monitoring of case trends and genomic sequencing for variants; (vii) Emergency medical response expenses, including emergency medical transportation, related to COVID-19; (viii) Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment; (ix) Expenses for communication related to COVID-19 vaccination programs and communication or enforcement by recipients of public health orders related to COVID-19; (x) Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment; (xi) Expenses for disinfection of public areas and other facilities in response to the COVID-19 public health emergency; (xii) Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety; (xiii) Expenses for quarantining or isolation of individuals; r N O N (xiv) Expenses of providing paid sick and paid family and medical leave to public c LO 0 employees to enable compliance with COVID-19 public health precautions; as E 139 Q Packet Pg. 468 8.1.c (xv) Expenses for treatment of the long-term symptoms or effects of COVID-19, including post -intensive care syndrome; (xvi) Expenses for the improvement of ventilation systems in congregate settings, public health facilities, or other public facilities; (xvii) Expenses related to establishing or enhancing public health data systems; and (xviii) Mental health treatment, substance misuse treatment, and other behavioral health services. (2) Public Health and Safety Staff. Payroll and covered benefit expenses for public safety, public health, health care, human services, and similar employees to the extent that the employee's time is spent mitigating or responding to the COVID-19 public health emergency. (3) Hiring State and Local Government Staff. Payroll, covered benefit, and other costs associated with the recipient increasing the number of its employees up to the number of employees that it employed on January 27, 2020. (4) Assistance to Unemployed Workers. Assistance, including job training, for individuals who want and are available for work, including those who have looked for work sometime in the past 12 months or who are employed part time but who want and are available for full-time work; (5) Contributions to State Unemployment Insurance Trust Funds. Contributions to an Unemployment Trust Fund up to the level required to restore the Unemployment Trust Fund to its balance on January 27, 2020 or to pay back advances received under Title XII of the Social Security Act (42 U.S.C. 1321) for the payment of benefits between January 27, 2020 and r N O N [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]; o Ln 0 c m E t 140 Q Packet Pg. 469 8.1.c (6) Small Businesses. Assistance to small businesses, including loans, grants, in -kind assistance, technical assistance or other services, that responds to the negative economic impacts of the COVID-19 public health emergency; (7) Nonprofits. Assistance to nonprofit organizations, including loans, grants, in -kind assistance, technical assistance or other services, that responds to the negative economic impacts of the COVID-19 public health emergency; (8) Assistance to Households. Assistance programs, including cash assistance programs, that respond to the COVID-19 public health emergency; (9) Aid to Impacted Industries. Aid to tourism, travel, hospitality, and other impacted industries that responds to the negative economic impacts of the COVID-19 public health emergency; (10) Expenses to Improve Efficacy of Public Health or Economic Relief Programs. Administrative costs associated with the recipient's COVID-19 public health emergency assistance programs, including services responding to the COVID-19 public health emergency or its negative economic impacts, that are not federally funded. (11) Survivor's Benefits. Benefits for the surviving family members of individuals who have died from COVID-19, including cash assistance to widows, widowers, or dependents of individuals who died of COVID-19; (12) Disproportionately Impacted Populations and Communities. A program, service, or other assistance that is provided in a Qualified Census Tract, that is provided to households and populations living in a Qualified Census Tract, that is provided by a Tribal government, or that is r N O N provided to other households, businesses, or populations disproportionately impacted by the o LO 0 COVID-19 public health emergency, such as: as E 141 Q Packet Pg. 470 8.1.c (i) Programs or services that facilitate access to health and social services, including: (A) Assistance accessing or applying for public benefits or services; (B) Remediation of lead paint or other lead hazards; and (C) Community violence intervention programs; (ii) Programs or services that address housing insecurity, lack of affordable housing, or homelessness, including: (A) Supportive housing or other programs or services to improve access to stable, affordable housing among individuals who are homeless; (B) Development of affordable housing to increase supply of affordable and high -quality living units; and (C) Housing vouchers and assistance relocating to neighborhoods with higher levels of economic opportunity and to reduce concentrated areas of low economic opportunity; (iii) Programs or services that address or mitigate the impacts of the COVID-19 public health emergency on education, including: (A) New or expanded early learning services; (B) Assistance to high -poverty school districts to advance equitable funding across districts and geographies; and (C) Educational and evidence -based services to address the academic, social, emotional, and mental health needs of students; (iv) Programs or services that address or mitigate the impacts of the COVID-19 public health emergency on childhood health or welfare, including: r N O N (A) New or expanded childcare; c LO 0 c m E t 142 Q Packet Pg. 471 8.1.c (B) Programs to provide home visits by health professionals, parent educators, and social service professionals to individuals with young children to provide education and assistance for economic support, health needs, or child development; and (C) Services for child welfare -involved families and foster youth to provide support and education on child development, positive parenting, coping skills, or recovery for mental health and substance use. (c) Providing Premium Pay to Eligible Workers. A recipient may use funds to provide premium pay to eligible workers of the recipient who perform essential work or to provide grants to eligible employers, provided that any premium pay or grants provided under this paragraph (c) must respond to eligible workers performing essential work during the COVID-19 public health emergency. A recipient uses premium pay or grants provided under this paragraph (c) to respond to eligible workers performing essential work during the COVID-19 public health emergency if it prioritizes low- and moderate -income persons. The recipient must provide, whether for themselves or on behalf of a grantee, a written justification to the Secretary of how the premium pay or grant provided under this paragraph (c) responds to eligible workers performing essential work if the premium pay or grant would increase an eligible worker's total wages and remuneration above 150 percent of such eligible worker's residing State's average annual wage for all occupations or their residing county's average annual wage, whichever is higher. (d) Providing Government Services. For the provision of government services to the extent of a reduction in the recipient's general revenue, calculated according to paragraphs (d)(1) and (d)(2). r N O N O 7 LO O C E t 143 Q Packet Pg. 472 8.1.c (1) Frequency. A recipient must calculate the reduction in its general revenue using information as -of December 31, 2020, December 31, 2021, December 31, 2022, and December 31, 2023 (each, a calculation date) and following each calculation date. (2) Calculation. A reduction in a recipient's general revenue equals: nt Max {[Base Year Revenue * (1 + Growth Adjustment)(12)] — Actual General Revenuet; 01 Where: (i) Base Year Revenue is the recipient's general revenue for the most recent full fiscal year prior to the COVD-19 public health emergency; (ii) Growth Adjustment is equal to the greater of 4.1 percent (or 0.041) and the recipient's average annual revenue growth over the three full fiscal years prior to the COVID-19 public health emergency. (iii) n equals the number of months elapsed from the end of the base year to the calculation date. (iv) Actual General Revenue is a recipient's actual general revenue collected during 12- month period ending on each calculation date; (v) Subscript t denotes the specific calculation date. (e) To Make Necessary Investments in Infrastructure. A recipient may use funds to make investments in: (1) Clean Water State Revolving Fund and Drinking Water State Revolving Fund investments. Projects or activities of the type that would be eligible under section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) or section 1452 of the Safe Drinking N 0 N Water Act (42 U.S.C. 300j-12); or, o LO 0 c m E t 144 Q Packet Pg. 473 8.1.c (2) Broadband. Broadband infrastructure that is designed to provide service to unserved or underserved households and businesses and that is designed to, upon completion: or (A) Reliably meet or exceed symmetrical 100 Mbps download speed and upload speeds; (B) In cases where it is not practicable, because of the excessive cost of the project or geography or topography of the area to be served by the project, to provide service meeting the standards set forth in paragraph (e)(2)(A) of this section: (i) Reliably meet or exceed 100 Mbps download speed and between at least 20 Mbps and 100 Mbps upload speed; and (ii) Be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed. § 35.7 Pensions. A recipient may not use funds for deposit into any pension fund. § 35.8 Tax. (a) Restriction. A State or Territory shall not use funds to either directly or indirectly offset a reduction in the net tax revenue of the State or Territory resulting from a covered change during the covered period. (b) Violation. Treasury will consider a State or Territory to have used funds to offset a reduction in net tax revenue if, during a reporting year: (1) Covered Change. The State or Territory has made a covered change that, either based on a reasonable statistical methodology to isolate the impact of the covered change in actual revenue or based on projections that use reasonable assumptions and do not incorporate the r N O N effects of macroeconomic growth to reduce or increase the projected impact of the covered c LO 0 c m E t 145 Q Packet Pg. 474 8.1.c change, the State or Territory assesses has had or predicts to have the effect of reducing tax revenue relative to current law; (2) Exceeds the De Minimis Threshold. The aggregate amount of the measured or predicted reductions in tax revenue caused by covered changes identified under paragraph (b)(1) of this section, in the aggregate, exceeds 1 percent of the State's or Territory's baseline; (3) Reduction in Net Tax Revenue. The State or Territory reports a reduction in net tax revenue, measured as the difference between actual tax revenue and the State's or Territory's baseline, each measured as of the end of the reporting year; and (4) Consideration of Other Changes. The aggregate amount of measured or predicted reductions in tax revenue caused by covered changes is greater than the sum of the following, in each case, as calculated for the reporting year: (i) The aggregate amount of the expected increases in tax revenue caused by one or more covered changes that, either based on a reasonable statistical methodology to isolate the impact of the covered change in actual revenue or based on projections that use reasonable assumptions and do not incorporate the effects of macroeconomic growth to reduce or increase the projected impact of the covered change, the State or Territory assesses has had or predicts to have the effect of increasing tax revenue; and (ii) Reductions in spending, up to the amount of the State's or Territory's net reduction in total spending, that are in: (A) Departments, agencies, or authorities in which the State or Territory is not using funds; and r N O N O 7 Ln O C E t 146 Q Packet Pg. 475 8.1.c (B) Departments, agencies, or authorities in which the State or Territory is using funds, in an amount equal to the value of the spending cuts in those departments, agencies, or authorities, minus funds used. (c) Amount and Revenue Reduction Cap. If a State or Territory is considered to be in violation pursuant to paragraph (b) of this section, the amount used in violation of paragraph (a) of this section is equal to the lesser of: (1) The reduction in net tax revenue of the State or Territory for the reporting year, measured as the difference between the State's or Territory's baseline and its actual tax revenue, each measured as of the end of the reporting year; and, (2) The aggregate amount of the reductions in tax revenues caused by covered changes identified in paragraph (b)(1) of this section, minus the sum of the amounts in identified in paragraphs (b)(4)(i)-(ii). § 35.9. Compliance with Applicable Laws. A recipient must comply with all other applicable Federal statutes, regulations, and executive orders, and a recipient shall provide for compliance with the American Rescue Plan Act, this Subpart, and any interpretive guidance by other parties in any agreements it enters into with other parties relating to these funds. § 35.10. Recoupment. (a) Identification of Violations — (1) In general. Any amount used in violation of §§ 35.6 or 35.7 of this subpart may be identified at any time prior to December 31, 2026. (2) Annual Reporting of Amounts of Violations. On an annual basis, a recipient that is a r N O N State or Territory must calculate and report any amounts used in violation of § 35.8 of this c Ln 0 subpart. c a� E 147 Q Packet Pg. 476 8.1.c (b) Calculation ofAmounts Subject to Recoupment — (1) In general. Except as provided in paragraph (b)(2), Treasury will calculate any amounts subject to recoupment resulting from a violation of §§ 35.6 or 35.7 of this subpart as the amounts used in violation of such restrictions. (2) Violations of Section 35.8. Treasury will calculate any amounts subject to recoupment resulting from a violation of § 35.8 of this subpart, equal to the lesser of- (i) The amount set forth in § 35.8(c) of this subpart; and, (ii) The amount of funds received by such recipient. (c) Notice. If Treasury calculates an amount subject to recoupment under paragraph (b) of this section, Treasury will provide the recipient a written notice of the amount subject to recoupment along with an explanation of such amounts. (d) Request for Reconsideration. Unless Treasury extends the time period, within 60 calendar days of receipt of a notice of recoupment provided under paragraph (c) of this section, a recipient may submit a written request to Treasury requesting reconsideration of any amounts subject to recoupment under paragraph (b) of this section. To request reconsideration of any amounts subject to recoupment, a recipient must submit to Treasury a written request that includes: (i) An explanation of why the recipient believes all or some of the amount should not be subject to recoupment; and (ii) A discussion of supporting reasons, along with any additional information. (e) Final Amount Subject to Recoupment. Unless Treasury extends the time period, within 60 calendar days of receipt of the recipient's request for reconsideration provided r N O N pursuant to paragraph (d) of this section, the recipient will be notified of the Secretary's decision o LO 0 to affirm, withdraw, or modify the notice of recoupment. Such notification will include an as E 148 Q Packet Pg. 477 8.1.c explanation of the decision, including responses to the recipient's supporting reasons and consideration of additional information provided. (f) Repayment of Funds. Unless Treasury extends the time period, a recipient shall repay to the Secretary any amounts subject to recoupment in accordance with instructions provided by Treasury: (i) Within 120 calendar days of receipt of the notice of recoupment provided under paragraph (c) of this section, in the case of a recipient that does not submit a request for reconsideration in accordance with the requirements of paragraph (d) of this section, or (ii) Within 120 calendar days of receipt of the Secretary's decision under paragraph (e) of this section, in the case of a recipient that submits a request for reconsideration in accordance with the requirements of paragraph (d) of this section. § 35.11 Payments to States. (a) In General. With respect to any State or Territory that has an unemployment rate as of the date that it submits an initial certification for payment of funds pursuant to section 602(d)(1) of the Social Security Act that is less than two percentage points above its unemployment rate in February 2020, the Secretary will withhold 50 percent of the amount of funds allocated under section 602(b) of the Social Security Act to such State or territory until the date that is twelve months from the date such initial certification is provided to the Secretary (b) Payment of Withheld Amount. In order to receive the amount withheld under paragraph (a) of this section, the State or Territory must submit to the Secretary at least 30 days prior to the date referenced in paragraph (a) the following information: r N O N O 7 LO O ++ C 0 E t 149 Q Packet Pg. 478 8.1.c (i) A certification, in the form provided by the Secretary, that such State or Territory requires the payment to carry out the activities specified in section 602(c) of the Social Security Act and will use the payment in compliance with section 602(c) of the Social Security Act; and, (ii) Any reports required to be filed by that date pursuant to this part that have not yet been filed. § 35.42. Distributions to Nonentitlement Units of Local Government and Units of General Local Government. (a) Nonentitlement Units of Local Government. Each State or Territory that receives a payment from Treasury pursuant to section 603(b)(2)(B) of the Social Security Act shall distribute the amount of the payment to nonentitlement units of government in such State or Territory in accordance with the requirements set forth in section 603(b)(2)(C) of the Social Security Act and without offsetting any debt owed by such nonentitlement units of local governments against such payments. (b) Budget Cap. A State or Territory may not make a payment to a nonentitlement unit of local government pursuant to section 603(b)(2)(C) of the Social Security Act and paragraph (a) of this section in excess of the amount equal to 75 percent of the most recent budget for the nonentitlement unit of local government as of January 27, 2020. A State or Territory shall permit a nonentitlement unit of local government without a formal budget as of January 27, 2020, to provide a certification from an authorized officer of the nonentitlement unit of local government of its most recent annual expenditures as of January 27, 2020, and a State or T Territory may rely on such certification for purposes of complying with this subsection. N 0 (c) Units of General Local Government. Each State or Territory that receives a payment c from Treasury pursuant to section 603(b)(3)(B)(ii) of the Social Security Act, in the case of an E 150 Q Packet Pg. 479 8.1.c amount to be paid to a county that is not a unit of general local government, shall distribute the amount of the payment to units of general local government within such county in accordance with the requirements set forth in section 603(b)(3)(B)(ii) of the Social Security Act and without offsetting any debt owed by such units of general local government against such payments. (d) Additional Conditions. A State or Territory may not place additional conditions or requirements on distributions to nonentitlement units of local government or units of general local government beyond those required by section 603 of the Social Security Act or this subpart. Dated: T N O N O 7 LO O C 4) E t 151 M r r+ Q Packet Pg. 480 8.2 City Council Agenda Item Meeting Date: 07/20/2021 2021 ARPA Budget Amendment Ordinance Staff Lead: Dave Turley Department: Administrative Services Preparer: Marissa Cain Background/History Amend the 2021 Ordinance No. 4221 Staff Recommendation Staff recommends that Council approve Ordinance No. XXXX amending the 2021 Budget. Attachments: 2021 ARPA Budget Amendment Ordinance 2021 ARPA Decision Package Packet Pg. 481 8.2.a ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4221 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2021 Budget; and THEREFORE, WHEREAS, the applications of funds have been identified; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 4221 amending the budget for the fiscal year 2021 is hereby amended to reflect the changes shown in Exhibits A, B, C, and D adopted herein by reference. 1 Packet Pg. 482 8.2.a Section 2. 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 passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. APPROVED: MAYOR, MIKE NELSON 2 Packet Pg. 483 8.2.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2021, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4221 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this day of 12021. CITY CLERK, SCOTT PASSEY 3 Packet Pg. 484 8.2.a EXHIBIT "A": Budget Amendment Summary (July 2021) FUND NO. FUND DESCRIPTION 2021 BEGINNING FUND BALANCE REVENUE EXPENDITURES 2021 ENDING FUND BALANCE 001 GENERAL FUND 13,347,278 42,450,777 45,978,718 9,819,337 009 LEOFF-MEDICAL INS. RESERVE 459,105 300,000 467,140 291,965 012 CONTINGENCY RESERVE FUND 1,825,890 2,620 - 1,828,510 014 HISTORIC PRESERVATION GIFT FUND 11,517 5,010 5,900 10,627 016 BUILDING MAINTENANCE 210,222 - 210,222 - 017 MARSH RESTORATION & PRESERVATION FUND 864,490 20,000 844,490 018 EDMONDS HOMELESSNESS RESPONSE FUND 123,581 123,581 - 019 EDMONDS OPIOID RESPONSE FUND 28,445 - 28,445 - 104 DRUG ENFORCEMENT FUND 159,431 165,370 45,800 279,001 111 STREET FUND 941,253 1,722,360 2,187,430 476,183 112 COMBINED STREETCONST/IMPROVE 2,189,972 3,068,385 2,862,297 2,396,060 117 MUNICIPAL ARTS ACQUIS. FUND 599,272 165,060 236,880 527,452 118 MEMORIAL STREETTREE 20,534 270 - 20,804 120 HOTEL/MOTEL TAX REVENUE FUND 88,392 71,460 87,150 72,702 121 EMPLOYEE PARKING PERMIT FUND 87,233 25,240 26,880 85,593 122 YOUTH SCHOLARSHIP FUND 14,041 1,390 3,000 12,431 123 TOURISM PROMOTIONAL FUND/ARTS 75,353 24,000 29,900 69,453 125 PARK ACQ/I MPROVEMENT 2,000,717 1,282,050 1,601,298 1,681,469 126 SPECIAL CAPITAL FUND 1,946,015 1,285,240 2,053,911 1,177,344 127 GIFTS CATALOG FUND 316,106 103,930 100,900 319,136 130 CEMETERY MAINTENANCE/IMPROV 213,707 179,800 200,998 192,509 136 PARKSTRUSTFUND 169,460 2,200 50,000 121,660 137 CEMETERY MAINTENANCE TRUSTFD 1,107,524 29,220 25,000 1,111,744 138 SISTER CITY COMMISSION 10,408 10,120 11,900 8,628 140 BUSINESS IMPROVEMENT DISTRICT FUND 10,346 79,239 76,340 13,245 141 AFFORDABLE& SUPPORTIVE HOUSING FUND 65,112 65,000 - 130,112 142 EDMONDS RESCUE PLAN FUND - 5,946,550 5,946,550 - 211 LID FUND CONTROL - - - 231 2012 LTGO DEBTSERVICE FUND - 759,710 759,700 10 332 PARKS CONSTRUCTION 6,046,540 1,392,520 5,552,490 1,886,570 421 WATER 22,026,766 10,299,357 10,760,050 21,566,073 422 STORM 9,914,166 6,265,225 7,293,890 8,885,501 423 SEWER/TREATMENT PLANT 55,138,987 31,130,450 40,492,284 45,777,153 424 BOND RESERVE FUND 843,931 1,985,870 1,985,870 843,931 511 EQUIPMENT RENTAL FUND 8,712,017 1,331,100 1,429,954 8,613,163 512 Technology Rental Fund 734,287 1,204,880 1,257,909 681,258 617 FIREMEN'S PENSION FUND 137,533 67,270 96,167 108,636 Totals 130,439,631 111,421,673 132,008,554 109,852,750 N v C R C L 0 C N E C d E Q r N i3f 7 m a d a_ N O N d U C C L 0 r a d E a N E Q d 7 m Q d Q N O N a N E t v cC Q Packet Pg. 485 8.2.a EXHIBIT "B": Budget Amendments by Revenue (July 2021) FUND NO. FUND DESCRIPTION Adopted Budget Ord. #4211 1/1/2021 Adopted Amendment Ord. #4216 3/10/2021 Adopted Amendment Ord. #4221 4/27/2021 Proposed Amendment Ord. # 712021 2021 Amended Revenue Budget 001 General Fund $ 42,450,777 $ $ $ $ 42,450,777 009 Leoff-Medical Ins. Reserve 300,000 300,000 012 Contingency Reserve Fund 2,620 2,620 014 Historic Preservation Gift Fund 5,010 5,010 016 Building Maintenance Fund - - 017 Marsh Restoration & Preservation Fund 018 Edmonds Homelessness Response Fund 019 Edmonds Opioid Response Fund - - 104 Drug Enforcement Fund 165,370 165,370 111 Street Fund 1,722,360 1,722,360 112 Combined StreetConst/Improve 3,048,185 20,200 3,068,385 117 Municipal Arts Acquis. Fund 165,060 - 165,060 118 Memorial Street Tree 270 270 120 Hotel/Motel Tax Revenue Fund 71,460 71,460 121 Employee Pa rking Permit Fund 25,240 25,240 122 Youth Scholarship Fund 1,390 1,390 123 Tourism Promotional Fund/Arts 24,000 24,000 125 ParkAcq/Improvement 1,282,050 1,282,050 126 Special Capital Fund 1,285,240 1,285,240 127 Gifts Catalog Fund 103,930 103,930 130 Cemetery Maintenance/Improv 179,800 179,800 136 Parks Trust Fund 2,200 2,200 137 Cemetery Maintenance TrustFd 29,220 29,220 138 Sister City Commission 10,120 10,120 140 Business Improvement District Fund 79,239 79,239 141 Affordable and Supportive Housing Fund 65,000 - 65,000 142 Edmonds Rescue Plan Fund - 5,946,550 5,946,550 211 Lid Fund Control - - - 231 2012 LTGO Debt Service fund 759,710 759,710 332 Parks Construction 1,392,520 1,392,520 421 Water 10,299,357 10,299,357 422 Storm 6,012,300 252,925 6,265,225 423 Sewer/Treatment Plant 28,131,150 2,999,300 31,130,450 424 Bond Reserve Fund 1,985,870 - 1,985,870 511 Equipment Rental Fund 1,331,100 1,331,100 512 Technology Rental Fund 1,204,880 1,204,880 617 Firemen's Pension Fund 67,270 - 67,270 Totals $ 102,202,698 1 $ 3,272,425 $ $5,946,550 1 $ 111,421,673 Q Packet Pg. 486 8.2.a EXHIBIT "C: Budget Amendments by Expenditure (July 2021) FUND NO. FUND DESCRIPTION Adopted Budget Ord. #4211 1/1/2021 Adopted Amendment Ord. #4216 3/10/2021 Adopted Amendment Ord. #4221 4/27/2021 Proposed Amendment Ord. # 712021 2021 Amended Expenditure Budget 001 General Fund $ 45,179,468 $ 610,850 $ 188,400 $ $ 45,978,718 009 Leoff-Medical Ins. Reserve 467,140 - - 467,140 012 Contingency Reserve Fund - - 014 Historic Preservation Gift Fund 5,900 5,900 016 Building Maintenance Fund 210,222 - 210,222 017 Marsh Restoration & Preservation Fund - 20,000 20,000 018 Edmonds Homelessness Response Fund 123,581 - 123,581 019 Edmonds Opioid Response Fund 28,445 28,445 104 Drug Enforcement Fund 45,800 - 45,800 111 Street Fund 2,172,530 14,900 2,187,430 112 Combined Street Const/Improve 2,781,828 36,469 44,000 2,862,297 117 Municipal Arts Acquis. Fund 236,880 - - 236,880 118 Memorial Street Tree - - 120 Hotel/Motel Tax Revenue Fund 87,150 87,150 121 Employee Parking Permit Fund 26,880 26,880 122 Youth Scholarship Fund 3,000 3,000 123 Tourism Promotional Fund/Arts 29,900 - - 29,900 125 ParkAcq/Improvement 1,428,736 47,562 125,000 1,601,298 126 Special Capital Fund 1,761,841 292,070 - 2,053,911 127 Gifts Catalog Fund 100,900 - 100,900 130 Cemetery Maintenance/Improv 200,998 200,998 136 Parks Trust Fund 50,000 50,000 137 Cemetery Maintenance TrustFd 25,000 25,000 138 Sister City Commission 11,900 11,900 140 Business Improvement District Fund 76,340 76,340 141 Affordable and Supportive Housing Fund - - - 142 Edmonds Rescue Plan Fund 5,946,550 5,946,550 211 Lid Fund Control - - 231 2012LTGO Debt Service Fund 759,700 759,700 332 Parks Construction 5,360,378 192,112 - 5,552,490 421 Water 10,578,596 136,054 45,400 10,760,050 422 Storm 6,847,783 406,307 39,800 7,293,890 423 Sewer/Treatment Plant 35,634,329 4,789,555 68,400 40,492,284 424 Bond Reserve Fund 1,985,870 - - 1,985,870 511 Equipment Rental Fund 1,292,815 53,139 84,000 1,429,954 512 Technology Renta I Fund 1,251,409 - 6,500 1,257,909 617 Firemen's Pension Fund 96,167 96,167 Totals $118,861,486 $ 6,564,118 $ 636,400 $5,946,550 $ 132,008,554 N v C R C L 0 C N E C d E Q r N of 7 m a a a r N O d U C C :a O a d E a N E Q d a� 7 m Q d Q N O N a N E t v ca Q Packet Pg. 487 EXHIBIT "D": Budget Amendment Summary (July 2021) 8.2.a Proposed Proposed Proposed Amendment Amendment Amendment Change in Changein Change in Ending Fund Number Revenue Expense Fund Balance 142 5,946,550 5,946,550 Total Change 1 5,946,550 1 5,946,550 N v C R C L 0 d E C d E Q m a (L o: a r N O N d V C f� C L 0 C a) E C a) E Q d m Q Q r N O N C N E L V Q Packet Pg. 488 8.2.b Budget Amendment for: 2021 ARPA FUNDS Item Description: On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law. The Fiscal Recovery Funds are intended to provide support to State, local, and Tribal governments in responding to the impact of COVID-19 and in their efforts to contain COVID-19 on their communities, residents, and businesses. The Fiscal Recovery Funds build on and expand the support provided to these governments over the last year, including through the Coronavirus Relief Fund. The City of Edmonds was awarded a total of $11.9M in Fiscal Recovery Funds, and $5.9M of that award was received June 25th, 2021. This budget amendment accounts for the receipt and spending authority of these funds. Department: Fund Name: 001 GENERAL Division: Title: Preparer: Budget Amendment Type New Item For Council To Consider Date of Discussion or Budget Approval? How is this amendment funded? Reimbursed by Grants or Outside Agencies What is the nature of the expenditure? One -Time Is the Expenditure Operating or Capital? 10perating Expenditure Increase (Decrease) Account Number Description 2021 2022 2023 2024 2025 142.000.333.21.019.00 CARES RELIEF FUNDS $5,946,550 $ S $ S Total Expenditure Increase(Decrease $5,946,550 1 $ S $ S Revenue Increase (Decrease) Account Number Description 2021 2022 2023 2024 2025 142.000.39.518.63.41.00 CARES RELIEF FUNDS $5,946,550 $ S $ S Total Revenue Increase(Decrease) $5,946,550 $ S $ S Ending Fund Balance Increase (Decrease) Account Number Description 2021 2022 2023 2024 2025 S $ S $ S Total Ending Fund Balance Increase Decrease S $ S $ S t� C M C O E C E C N E a m Q a Q N O N d tM M V M a c 0 .y d C a a a T N O N �.i C d E t U M 4+ a Packet Pg. 489 8.3 City Council Agenda Item Meeting Date: 07/20/2021 Resolution adopting Council Rules of Procedure Staff Lead: City Clerk Department: City Clerk's Office Preparer: Scott Passey Background/History In 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as its parliamentary authority for the conduct of City Council meetings. In December 2013, the Council passed Resolution No. 1306 adopting a Code of Conduct and in June 2015, the Council approved a Code of Ethics by motion. On January 25, 2021, the Council adopted a new Code of Conduct by motion. On April 6, 2021, the Council passed Resolution 1470, which established that the Council adopted its own Code of Conduct separate from that which applies to the Mayor and members of City boards, commissions, committees, and work groups. The proposed Rules of Procedure and the Code of Conduct were presented and discussed on February 4, 2020, January 26, 2021, and April 6, 2021. On April 6, a motion was passed to table consideration of the draft Rules of Procedure for a period of three weeks. The draft rules were scheduled on the June 1, 2021 council agenda, but consideration was postponed due to lack of time. For comparison purposes, prior drafts of the rules of procedure are included in the online Council meeting packets of February 4, 2020 and March 3, 2020. Staff Recommendation Pass resolution adopting Council Rules of Procedure. Narrative Because Resolution No. 1295 is limited to parliamentary procedure in the context of Council meetings, such rules do not address many other processes and procedures in the conduct of City business. It is thought that a more comprehensive set of rules would provide greater understanding and transparency about the roles, rights, and responsibilities of councilmembers and facilitate the orderly conduct of business within the context of council meetings. The draft rules of procedure encompass detailed information about Council organization, duties of officers, agenda preparation, meeting management, consent agenda, public testimony, decorum, and so forth. The draft also includes Council's recent adoption of a Code of Conduct as Section 6 in order to consolidate all applicable rules into one document. It is important to note that many provisions of these rules of procedure are already governed by other codes, statutes, and rulings. Any provision that is footnoted with a citation to the Revised Code of Washington (RCW), the Edmonds City Code (ECC), or other statute or ruling is included for ease of reference only and is not intended to be adopted as a rule because it already constitutes governing law. Packet Pg. 490 8.3 Provisions that are not footnoted with a citation to the RCW or ECC are adopted by City Council resolution as the Council's procedural rules and may be amended at any time by subsequent resolution. Prio Attachments: Resolution 1295 Resolution 1306 Code of Conduct CODE—OF—ETHICS-1 Resolution 1470 E020420 E012621 E040621 Resolution adopting Rules of Procedure Exhibit A - Council Rules of Procedure Packet Pg. 491 RESOLUTION OF i OF OF r • r WASHINGTON, REPEALING RESOLUTION NO. RULES OF PROCEDURE• r OF • ADOPTING`#: OF ORDER it i THE CITY • OF "i r ' WHEREAS, the city council adopted Resolution No.- 292 in 1974, which adopted rules of procedure for conduct of council meetings; and WHEREAS, it has been recommended that thecitycouncil use Robert's Rules of Order with modifications identified by the city council, now therefore, Section 1. REPEALERResolution No. 292 is hereby repeale& Section ii • OF O ,. council•v adopts Robert'sof Order Newly Revised, 1 11h Edition,official rules forconducting •meetings. councila official serving as parliamentarian should consult this versionof Robert's Rules when asked to provide guidance on a procedural question. City council members wishing to use a shorter version of Robert's Rules for their own convenience should use Robert's Rules of Order In Brief, but the council does not recognize this volume as an authority nor as the Section 1 MODIFICATIONS TO ROBERT'S RULE& The city council hereby adopts the following modifications to the Robert's Rules of Order Newly Revised, 11 ffi Edition: 1. Contrary to the'** footnote on Page 35 and first bullet point on page 488, motions before the city council must be seconded. 2. Contrary to page 43, line 23 of Robert's Rules of Order, the Mayor participates in discussion and debate only with the permission of the Council and does not make motions. Tiebreaker votes by the Mayor will be as provided by Washington State law. SectionR r. Any matter of order or procedure n• • - • by modifications •rth in this resolution shall be - •-■ by presiding pursuant to state law, city ordinance, and Robert's Rules of Order Newly Revised, 11' edition (in that order of priority),and advice of • Packet Pg. 492 Section 5. EFFECTIVE DATE. Robert's Rules of Order as modified in Section 3 wiIJic-thr. • rules • procedure for the conduct of council meetings effective August 6, 2013. CITY OF EDMONDS 00, —ap-� MAYOR, DAVID O. EARLING . ......... . . CITY CLERK, SAND RA CHASE FILED WITH THE CITY CLERK: 07-12-2013 PASSED BY THE CITY COUNCIh 07-16-2013 RESOLUTION NO. 1295 I Packet Pg. 493 8.3.b RESOLUTION NO: 1306 A RESOLUTION OF THE EDMONDS CITY COUNCIL IMPLEMENTING A CODE OF CONDUCT FOR THE MAYOR, COUNCILMEMBERS, AND ALL MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES, OR WORK GROUPS. WHEREAS, the City Council finds that City business should be conducted publicly, in an atmosphere of respect and civility, NOW, THEREFORE, BE IT RESOLVED, the following Code of Conduct is adopted and shall apply to the Mayor, City Councilmembers, and members of all City Boards, Commissions, or work groups. In the course of their duties, all group leaders will: 1) provide all members a fair opportunity to participate, 2) not permit any member to dominate proceedings or intimidate other members, and 3) not permit any disrespectful behavior toward participants. In the course of their duties, all participants, including leaders, will: 1) respect the individual talents and contributions of others, 2) avoid offensive comments and behavior, 3) avoid intimidating comments and behavior, 4) listen courteously and attentively, 5) conduct public business in an open and transparent manner, 6) assist leaders in ensuring fair treatment of all members, and 7) assist leaders in controlling disrespectful or intimidating behavior. When speaking officially, all leaders and members will respectfully convey the position of their group. When speaking personally, all leaders and members will disclose that their comments are their own, and not made as a representative of their group. This Resolution shall take effect immediately upon its adoption. Adopted this 10th of December, 2013. ATTESTI -NTICA CITY C K, SCOTT PASSEY FILED WITH THE CITY CLERK: December 6, 2013 PASSED BY THE CITY COUNCIL: December 10, 2013 RESOLUTION NO: 1306 Packet Pg. 494 8.3.c CODE OF ETHICS The purpose of the Edmonds Code of Ethics is to strengthen the quality of government through ethical principles which shall govern the conduct of elected officials and appointed citizen volunteers serving in an official capacity (i.e. Boards and Commissions). We shall: • Be dedicated to the concepts of effective and democratic government. • Affirm the dignity and worth of the services rendered by government and maintain a sense of social responsibility. • Be dedicated to the highest ideals of honor and integrity in all public and personal relationships. • Recognize that the chief function of local government at all times is to serve the best interest of all the people. • Keep the community informed on municipal affairs and encourage communications between the citizens and all municipal officers. Emphasize friendly and courteous service to the public and each other; seek to improve the quality of public service, and confidence of citizens. • Seek no favor; do not personally benefit or profit by confidential information or by misuse of public resources. • Conduct business of the city in a manner which is not only fair in fact, but also in appearance. Approved by the Edmonds City Council on 06-02-2015. Packet Pg. 495 8.3.d RESOLUTION NO: 1470 A RESOLUTION OF THE EDMONDS CITY COUNCIL REPEALING RESOLUTION 1306 AND IMPLEMENTING A CODE OF CONDUCT FOR THE MAYOR AND ALL MEMBERS OF CITY BOARDS, COMMISSIONS, COMMITTEES, OR WORK GROUPS. WHEREAS, the City Council finds that City business should be conducted publicly, in an atmosphere of respect and civility; and WHEREAS, the City Council has adopted its own Code of Conduct; and WHEREAS, the City Council Code of Conduct makes the references to the City Council in Resolution 1306 unnecessary; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1: Resolution 1306 is repealed. Section 2. The following Code of Conduct is adopted and shall apply to the Mayor and members of all City Boards, Commissions, or work groups. In the course of their duties, all group leaders will: 1) provide all members a fair opportunity to participate, 2) not permit any member to dominate proceedings or intimidate other members, and 3) not permit any disrespectful behavior toward participants. In the course of their duties, all participants, including leaders, will 1) respect the individual talents and contributions of others, 2) avoid offensive comments and behavior, 3) avoid intimidating comments and behavior, 4) listen courteously and attentively, 5) conduct public business in an open and transparent manner, 6) assist leaders in ensuring fair treatment of all members, and 7) assist leaders in controlling disrespectful or intimidating behavior When speaking officially, all leaders and members will respectfully convey the position of their group. When speaking personally, all leaders and members will disclose that their comments are their own, and not made as a representative of their group. This Resolution shall take effect immediately upon its adoption. RESOLVED this 61h day of April, 2021. A4e /10-0�t/�/' .; miKONELSON, MAYOR Packet Pg. 496 8.3.d ATTEST/AUTHENTICATED: CITY"G°LERK, SCOTT7AS Y FILED WITH THE CITYCLERK: April 2, 2021 PASSED BY THE CITY COUNCIL. April 6, 2021 RESOLUTION NO: 1470 a Packet Pg. 497 8.3.e recognized another potential reason to have lodging in proximity to the waterfront environment was rental events at the Waterfront Center. He did not envision a hotel of greater than 40-50 rooms could be accommodated in any of the existing buildings. A hotel would complement activities on waterfront. Councilmember Buckshnis suggested obtaining hotel vacancy rates from the existing waterfront hotel, especially in the summer months. Councilmember Distelhorst observed there hasn't been any specific interest in the past couple years about repurposing an existing building. Mr. Doherty said there was an inquiry a couple years ago when one of the buildings was for sale; a potential purchaser was interested in the possibility of a hotel if it were allowed. No one has specifically identified a building for purchase for a hotel. There was an inquiry in November whether hotels were allowed in the waterfront area; he told them no, but that it would be considered in 2020. 3. RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE City Clerk Scott Passey explained after the election, he met with the Mayor and new Councilmembers to discuss City processes. Those discussions included ways to promote more understanding and cooperative working relationships and he mentioned the Rules of Procedure that the Shoreline City Council adopted. The draft rules are based on Shoreline's rules and modified to fit Edmonds. In Shoreline, these rules facilitated mutual understanding about procedures as well as promoted collegiality and cooperative interaction among Councilmembers, the Mayor and Staff. For the most part, the rules articulate processes the City already follows but there are a few changes. Tonight is an introduction; the packet includes a resolution to adopt the rules. Councilmember Buckshnis recalled financial policies were adopted via resolution and posted on the City's website. She suggested doing the same with the Council Rules of Procedure. Councilmember Olson suggested reviewing the Rules of Procedure sequentially. Councilmember L. Johnson said as a new Councilmember, she needed something to help her understand 2 the processes. Updated, comprehensive rules of procedure will provide clear direction on how the Council should conduct business. She suggested posting it on the City Council's webpage so constituents are clear regarding procedures. N 0 Councilmember Paine said the Rules of Procedure are wonderful and it will be nice to know the rules of N 0 the road. She particularly liked the addition of behavior outside Council Chambers. w c It was the consensus of the Council to schedule 60 minutes on a future agenda to review the proposed Rules E of Procedure section by section. Councilmembers were encouraged to send questions to Mr. Passey in advance. a 9. MAYOR'S COMMENTS Mayor Nelson reported at approximately 5 a.m. today, a gentleman turned onto an access road that paralleled the BNSF train tracks at the Dayton intersection and his truck was sideswiped by a train. Mayor Nelson said he asked Public Works to contact BNSF to request a barrier or signage to prohibit future access to the road. As a temporary measure, Public Works has erected temporary barriers. 10. COUNCIL COMMENTS Edmonds City Council Approved Minutes February 4, 2020 Page 12 Packet Pg. 498 8.3.f with Mr. Taraday; there is nothing the Council would run afoul of as far as policy. What the Council is considering is outside of current policy which is why the Council is addressing it via an employment agreement rather than current policy. The Council can choose to compensate Mr. Lawless in the manner they wish to and there is no issue as long as it is within the pay band established for the Police Chief. With regard to Council President Paine's question, Ms. Neill Hoyson said the additional compensation for 6 months for 2 steps rather than 1 step would be $4,187. Councilmember Buckshnis relayed her understanding of Councilmember K. Johnson's motion was to increase Acting Chief Lawless from Range 22 Step 5 to Range 22 Step 7. Ms. Neill Hoyson agreed that was how she understood Councilmember K. Johnson's motion, rather than a 1-step increase to take him to Step 6, a 2-step increase to Step 7. Councilmember Buckshnis relayed her support for that motion. Councilmember Distelhorst asked if he could withdraw his motion or should it be handled in the way Mr. Passey previously stated. Mr. Passey advised it would be in order to withdraw the motion. COUNCILMEMBER DISTELHORST WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. Councilmember K. Johnson said she believed this Council owed a debt of gratitude to Acting Chief Lawless. This would be one way in which the Council could express that gratitude while still acknowledging that the City was headed on new path for a Police Chief. UPON ROLL CALL, MOTION CARRIED UNANIMOUSLY, COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES. 2. COUNCIL CODE OF CONDUCT (Previously Consent Agenda Item 6.2) COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO AMEND 6.2.A TO REMOVE "AVOIDING AGGRESSIVE" SO THAT THE SECTION READS "USING RESPECTFUL LANGUAGE AND TONES." Council President Paine recalled this had been voted on at the last meeting and questioned what had changed. Councilmember Buckshnis answered nothing had changed, she and Councilmember Olson r discussed this due to her concern this was extremely subjective and Councilmember Olson suggested she N present it to Council for consideration. Councilmember Buckshnis said aggressive tones can be defined in c many different ways. She was concerned the new code of conduct was very subjective and the most w subjective was aggressive tones. She observed Councilmembers, the Mayor and others can say someone c is using aggressive tones because it is a question of definition. E z Councilmember Fraley-Monillas said use of aggressive tones has been one of issues the Council has had in the last 1'/2 years. She agreed it was subjective, but it would be up to Council to decide whether they a believed an aggressive tone was used or perhaps it was the individual themselves. She did not support this amendment to the code of conduct. Councilmember Olson recalled one of things the subcommittee discussed and was included in the finishing language of the code of conduct was that it be something the whole body was behind. In the final analysis, if this such a sticking point and something that members were significantly opposed to, it would be better for the order to remove that item. She expressed support for removing the language. Councilmember K. Johnson suggested the phrase begin with "use" rather than "using" as that was correct grammar. She preferred the statement read, "use respectful language." Unless someone can provide an Edmonds City Council Approved Minutes January 26, 2021 Page 5 Packet Pg. 499 8.3.f example of an aggressive tone used in the last year or the problem this language seeks to solve, it was her opinion that no one had been beyond the range of appropriate behavior. Council President Paine pointed out the Council had just approved the minutes that included the discussion from last week; there was a 3-4 vote on this same amendment last week. She questioned whether this motion was proper. She heard what Councilmembers were saying, but the Council voted to include "avoiding aggressive." Mayor Nelson asked Mr. Passey if the motion was proper. Mr. Passey advised Councilmember have the right to pull items from Consent because it implies unanimous consent; items can be pulled for a separate vote. Councilmember Olson asked for clarification, if a specific element had been voted on during a previous meeting, it can be revisited by pulling it from the Consent Agenda and voting again. Mayor Nelson said that was his understanding. Councilmember Distelhorst said he hears the conversation and was surprised. Being respectful and civil along with other language in the code of conduct about inflammatory and insulting language, conduct and decorum was expected of the Council, in business or in a volunteer organization. He hoped that everyone could follow that language and decorum. He worried when conversations strayed into what has happened in the past, as one of the goals of the subcommittee was to have a global document that was not based on past experience but a document that would apply now as well as in the future and keep Council in its conduct focused on policy, decorum and working toward solutions. He was struggling slightly, especially with the self -enforcing nature of the document; he did not expect that Councilmember would continually be sending emails entitled code of conduct reminder, but rather that this would be a self -reference guide much the same as the Council uses Robert's Rules of Order. Councilmember Buckshnis said this new code of conduct is too subjective, it sets the stage for retribution n by a simple majority and can create a tribunal setting. Resolution 1306 that covered the Mayor, Council, -°a boards and commissions and working groups was sufficient despite the fact the reason for this new code M of conduct was never stated. In her opinion, the reason to divert to this very subjective and expansive c code of conduct was to define that Councilmembers can put themselves in jeopardy, particularly those in the minority and she has seen that happen. She did not support this code of conduct because it was far too w subjective and the biggest issue was the reference to aggressive tones. She pointed out that is not addressed in Robert's Rules and she preferred Resolution 1306. T N to cm Councilmember Distelhorst pointed out Robert's Rules of Order, which the Council has previously adopted, includes a chapter on tribunals and trials of Councilmembers and, therefore, it was not w contemplated in the code of conduct. The subcommittee had not considered that other than recognizing it existed in Robert's Rules. z UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS K. JOHNSON, BUCKSHNIS, AND OLSON VOTING YES; AND COUNCILMEMBERS DISTELHORST, Q FRALEY-MONILLAS, AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO STRIKE "THE CITY ATTORNEY" IN THE CHAPTER HEADING OF 6.2, SO IT READS, "CONDUCT WITH CITY STAFF, Tuz+ CITY ATTORNEY AND THE COUNCIL LEGISLATIVE ASSISTANT." Councilmember Fraley-Monillas said she thought that had been done last week. Councilmember Distelhorst answered it was removed from 6.2.13, but not from the title of 6.2. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes January 26, 2021 Page 6 Packet Pg. 500 8.3.f COUNCILMEMBER K. JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO STRIKE UNDER 6.E THE LAST WORDS, "OR OTHERWISE INTRUDING ON THE CITY'S ADMINISTRATIVE FUNCTIONS." Councilmember K. Johnson said this was too broad a statement. It is the Mayor prerogative to tell the Council what they can and can't do. Councilmember Fraley-Monillas said this language provides clarity to the Council's responsibilities. She received more complaints last year regarding Council's abrupt interaction with staff such as walking into offices and demanding staff do certain things. This clarifies for Council that that is not their role. She encouraged Councilmembers to vote against removing this language. UPON ROLL CALL, MOTION FAILED (2-5), COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING YES; AND COUNCILMEMBERS DISTELHORST, FRALEY- MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER K. JOHNSON MOVE, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO STRIKE 6.3.E, THAT DISCUSSES WHEN ATTENDING A NON -CITY SPONSORED EVENT, MEETING, CONFERENCE OR OTHER ACTIVITY, COUNCILMEMBERS SHALL DO SO IN AN INDIVIDUAL CAPACITY ONLY. Councilmember K. Johnson explained when she attends many events, she is there because she is a City Councilmember and is expressing that point of view. She is not there as Kristian Johnson, citizen of the City of Edmonds, but as an Edmonds City Councilmember. She said her experience should provide some weight to this. Due to COVID, many Councilmember have not had the experience of going to meetings, conferences or other activities, but she guaranteed when they attended, they were there as a Councilmember, not as an individual. Council President Paine commented she reads 6.3.E differently, to her that sentence means a person is acting as their own self as a Councilmember and not representing the full Council and she believed that was the interpretation during abundant discussion last week. This same motion was made last week and the situation has not changed. She did not support deleting that section. T Councilmember Distelhorst said he had the same understanding, recalling a lengthy discussion last week m cm where the section was reworded to make it clearer. Including "Councilmembers shall do so" clarified that a Councilmember was representing themselves as an individual Councilmember and not the Council as a w body. What the maker of the motion stated is consistent with the language in this section; a Councilmember represents themselves as a Councilmember, but were not representing the Edmonds City E Council. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER K. Q JOHNSON, TO AMEND 6.3.E, TO READ "...SHALL DO SO IN AN INDIVIDUAL COUNCILMEMBER CAPACITY ONLY...". UPON ROLL CALL, AMENDMENT CARRIED (6-1) COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, OLSON, BUCKSHNIS, AND L. JOHNSON VOTING YES; AND COUNCIL PRESIDENT PAINE VOTING NO. COUNCILMEMBER K. JOHNSON WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. Edmonds City Council Approved Minutes January 26, 2021 Page 7 Packet Pg. 501 8.3.f Councilmember Fraley-Monillas commented during the BLM rally, a Councilmember spoke and indicated they were representing the City which can lead to a dangerous situation. This amendment may resolve that. 8. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE CODE OF CONDUCT AS AMENDED. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBERS K. JOHNSON AND BUCKSHNIS VOTING NO. COUNCIL LEGISLATIVE/EXECUTIVE ASSISTANT EMPLOYMENT AGREEMENT AMENDMENT #2 HR Director Jessica Neill Hoyson explained this is an amendment to the employment agreement with Maureen Judge that addresses her continued employment for 2021. As with past renewals of this employment contract, it goes from February 1 of the current year through January 31 of the following year. Her evaluation may have been completed; if not, the Council can still choose to proceed with the agreement. Councilmember Buckshnis appreciated administration drafting the employment agreement and asked whether that was a legislative role that should be handled by the Council President. Council President Paine explained said she asked Ms. Neill Hoyson to put this on the Council's agenda and make the presentation about the changes to the contract to ensure it was in compliance with standard practices for Non -Represented employees. Councilmember K. Johnson recalled as a contract employee previously, Ms. Judge did not have benefits. M Ms. Neill Hoyson answered she is a full-time regular employee and receives benefits in the same manner c as other Non -Represented employees. Councilmember K. Johnson agreed that was proposal, and asked whether she received benefits in the past or was she strictly a contract employee without benefits. Ms. Neill Hoyson answered it appears she has always had access to City benefits. The one difference in her contract is she accrues vacation leave at a higher rate than a Non -Represented employee based on years of r service; she accrues leave at 10 hours/month which is higher than she would receive based on her years of N service if she were a regular Non -Represented, non -contracted employees. There is no proposed change to c that in the proposed agreement amendment. w c Councilmember Fraley-Monillas recalled the Council previously agreed to provide the E legislative/administrative assistant a higher leave rate versus a higher salary. Her evaluation has not been completed but is in process. She has heard only good things about the Council's legislative/administrative assistant. This last year has been monumental due to her assisting with the training of four new a Councilmember during a pandemic. Ms. Judge has put energy into making everyone feel welcome and assisted and her evaluation will reflect that. COUNCIL PRESIDENT PAINE MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE AMENDMENT #2 TO THE EMPLOYMENT AGREEMENT FOR LEGISLATIVE/EXECUTIVE ASSISTANT TO CITY COUNCIL. MOTION CARRIED UNANIMOUSLY. 2. INTRODUCTION DRAFT TREE REGULATIONS AND SUBDIVISION CODE AMENDMENT Edmonds City Council Approved Minutes January 26, 2021 Page 8 Packet Pg. 502 8.3.g Councilmember Fraley-Monillas said she was uncomfortable with the proposed change and did not understand the reason for incorporating 1306 in 1470. Adopting a new resolution makes it clearer. Councilmember Distelhorst said that language remains in Resolution 1470. The only changes are the redlined text at the beginning, removing the City Council. He recalled the intent was to establish a separate Code of Conduct for the City Council and then remove the City Council from Resolution 1306 via adoption of Resolution 1470 to avoid the City Council being covered by two codes and making it clear for Council that there is one Code of Conduct and one Code of Ethics for the City Council. Resolution 1470 adopts a Code of Conduct for the parties referenced in the resolution. All the language in Resolution 1470 is applicable to the parties mentioned in Section 2 of the resolution; the only change is removing the City Council. Council President Paine said she was also confused by the motion. Resolution 1470 simply removes the City Council from this Code of Conduct. She expressed support for the resolution as proposed. Councilmember K. Johnson said she was not suggesting that Resolution 1470 be changed; this is the new Code of Conduct for the Mayor and members of all City Boards, Commissions or work groups. It used to include Councilmembers so she was suggesting the language in the resolution be incorporated into the new Code of Conduct for Councilmembers. As a member of the subcommittee, Councilmember Olson assured those elements were represented in the Council's Code of Conduct. She asked for clarification that the Code of Ethics had not changed with regard to its applicability to Council. Councilmember Distelhorst indicated it had not. Council President Paine suggested this motion was better in the next discussion as this agenda item is related to the resolution. COUNCILMEMBER K. JOHNSON WITHDREW THE MOTION WITH THE AGREEMENT OF SECOND. MOTION CARRIED (6-1), COUNCILMEMBERS DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, OLSON AND L. JOHNSON AND COUNCIL PRESIDENT PAINE VOTING YES; AND COUNCILMEMBER K. JOHNSON ABSTAINING. T- N 2. RESOLUTION ADOPTING COUNCIL RULES OF PROCEDURE o 0 As Items 8.3 and 8.4 were very citizen related versus 8.3 which was Council related, Councilmember w Buckshnis suggested this item be moved to 8.4. E Council President Paine suggested this item would not take more than 60 minutes and the Council could then consider the agenda items related to hazard pay and Walkable Main. a City Clerk Scott Passey recalled these Council Rules of Procedure were introduced over a year ago, but due to the pandemic and other competing priorities, they fell by the wayside. These rules are fairly comprehensive and go beyond parliamentary procedures. While they continue to recognize Robert's Rules of Order as the parliamentary authority for Council meetings, they provide additional clarity about Council organization, duties of officers, agenda preparation, public comment and decorum, conduct, etc. The Council's recent approval of a Code of Conduct has been incorporated as Section 6. The rules are also footnoted; the footnotes are to City codes and state laws and other applicable rules and are consistent with other statutes and precedents. For the most part, the rules articulate the rules the Council already follows. It is useful to document the processes in one place for the Council's benefit as well as City staff and the public so everyone understands the ground rules under which the Council operates. Edmonds City Council Approved Minutes April 6, 2021 Page 11 Packet Pg. 503 8.3.g Mr. Passey explained there are some provisions that may constitute a change in the status quo. In those instances, he felt the change would facilitate understanding, improve process and lay a foundation for orderly meetings. There is a provision for a regular review of the rules and the rules can be amended whenever the Council wishes. There is also flexibility to suspend the rules for a particular situation as long as the rule is not governed by other laws or statutes or a fundamental parliamentary procedure. Mr. Passey explained when the Council procedures were first introduced over a year ago, the Council was directed to send any proposed changes to him for incorporation into the draft. A few Councilmembers submitted changes; some were minor additions to provide clarification and others proposed a very different policy or procedure. He chose to omit the more controversial items and allow Councilmembers to propose amendments during the legislative process. Councilmember L. Johnson thanked Mr. Passey for his work developing the proposed Council Rules of Procedure, commenting this would have been very helpful for new Councilmembers as well as anyone considering a Council position. The procedures will also assist the public with their knowledge of the legislative process. COUNCILMEMBER L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE COUNCIL RULES OF PROCEDURE. Councilmember Buckshnis acknowledged the Council was provided this a year ago; she requested information from that time and received nothing. She agreed the Council Rules of Procedure was a very valuable document but could not recall last year's discussion and was concerned with subjectivity in the document. She recalled Councilmember K. Johnson suggested several changes but they did not seem to be reflected in the document. Mr. Passey said 3-4 Councilmembers submitted suggested changes that were incorporated into the document. Councilmember K. Johnson's suggested changes, which related to selection of the Council President, were not included as he felt that was a discussion the Council would want to have and address via an amendment process. He provided Councilmember K. Johnson the changes she suggested last year and she could propose them tonight. Councilmember Buckshnis observed Mr. Passey created this document based on his expansive work at the City of Shoreline and the City of Edmonds. Mr. Passey agreed, noting the suggestions from Councilmembers that were incorporated in the document provided clarification and represented m improvements to the document. 0 w Councilmember Fraley-Monillas suggested having a couple weeks to review the document as it made a c lot of changes and the Council needed time to review it. She commented Shoreline was very different a) from Edmonds. z Council President Paine referred to a new section added to the Council Rules of Procedure, Section 12. Q Reimbursement of Expenses. Councilmember Buckshnis suggested tabling this for three weeks, commenting much of the information was subjective, she would like to see the original document and she wanted time for the Council to do their homework. A MOTION WAS MADE BY COUNCILMEMBER BUCKSHNIS TO TABLE THIS FOR THREE WEEKS. Edmonds City Council Approved Minutes April 6, 2021 Page 12 Packet Pg. 504 8.3.g UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS K. JOHNSON, DISTELHORST, FRALEY-MONILLAS, BUCKSHNIS, AND OLSON VOTING YES; AND COUNCIL PRESIDENT PAINE AND COUNCILMEMBER L. JOHNSON VOTING NO. 3. HAZARD PAY FOR GROCERY EMPLOYEES EMERGENCY ORDINANCE City Attorney Jeff Taraday advised he worked with Mayor Nelson today on revisions to the ordinance in the packet which were distributed to the Council this afternoon. He reviewed the changes made to the ordinance in the packet: • 100.015 Employee coverage For the purposes of this ordinance: A. Covered employees are limited to those who perform work for a covered employer at a retail location in the City unless expressly excepted from coverage in subsection C, below. B. Time spent by an employee in the City solely for the purpose of travelling through the City from a point of origin outside the City to a destination outside the City, with no employment - related or commercial stops within the City except for refueling or the employee's personal meals or errands, is not covered by this ordinance. C. The ,following opes of employees are not covered by this ordinance: administrative or executive employees whose workplace is limited to the non-public portion(s) of the store or other buildings where the public is not invited; tractor -trailer drivers who make deliveries to the rg ocery store. • 100.025 Hazard pay requirements A. Employers shall provide each employee with hazard pay at a rate of four dollars per hour for c each hour worked in the City, PROVIDED THAT if this ordinance is adopted to take immediate v effect, the obligation to provide hazard pay shall not occur until 12: 01 am on April 8, 2021 and a FURTHER PROVIDED THAT, if this ordinance is not adopted to take immediate effect, the obligation to provide hazard pay shall begin at 12: 01 am on the effective date. c • 100.100 interpretations M To the extent that any provision of this ordinance is ambiguous, the administration, in c consultation with the city attorney, is authorized to interpret the ordinance in the manner that is most consistent with applicable law, the city council's legislative findings (Section 1), and other 75 manifestations of legislative intent, PROVIDED THAT any interpretations shall be in writing with copies provided to the city council. T N to Mr. Taraday referenced the findings in the ordinance that would be used in the event there are any ambiguities. He provided an overview of the ordinance: the ordinance would require an extra $4/hour of w hazard pay. Hazard pay is defined in the ordinance as additional compensation that has been specifically designated as additional compensation being paid due to the increased risk of contracting COVID-19. He a) relayed his understanding that one of the unions for PCC employees has already negotiated $4/hour z hazard pay; he believed that was due to expire soon. The ordinance is not intended to add $4/hour of M hazard pay on top of hazard pay already negotiated. For example, if a union has negotiated $4/hour of a hazard pay, this ordinance would not increase that to $8/hour; it would have no effect in that situation. If a union has negotiated $2/hour of hazard pay, the ordinance would impose a regulation that an additional $2/hour of hazard pay be paid so all grocery workers operating in the City that meet the coverage of the ordinance would receive $4/hour in hazard pay. Mr. Taraday pointed out the ordinance defines grocery businesses as one of two categories, the first is over 10,000 square feet in size and primarily engaged in retailing groceries for offsite consumption. Groceries is defined as including fresh produce, meats, poultry, fish, deli products, dairy products, canned and frozen goods, dry food, beverages, baked foods. The ordinance also states other household supplies and other products shall be secondary to the primary purpose of groceries. The second category of grocery business would be 85,000 square feet in size with at least 30% or more of its sales floor area Edmonds City Council Approved Minutes April 6, 2021 Page 13 Packet Pg. 505 8.3.h RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, REPEALING RESOLUTION NO. 1295 ADOPTING ROBERT'S RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS, AND ESTABLISHING COMPREHENSIVE RULES OF PROCEDURE AND CODE OF CONDUCT FOR THE CITY COUNCIL WHEREAS, Chapter 35.A.12.120 RCW gives the City Council of each code city the power to set rules for conducting its business within the provisions of Title 35A RCW; and WHEREAS, in 2013, the City Council passed Resolution No. 1295, which adopted Robert's Rules of Order as the parliamentary authority for the conduct of Council meetings; and WHEREAS, a comprehensive set of procedural rules and code of conduct combining all applicable statutes will provide the most expedient means of conducting Council Meetings and other city business; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. REPEALER. Resolution No. 1295 is hereby repealed. Section 2. ADOPTION OF COUNCIL RULES OF PROCEDURE. The Council Rules of Procedure are established as set forth in Exhibit A attached hereto. RESOLVED this day of July, 2021. APPROVED: MIKE NELSON, MAYOR 1 Packet Pg. 506 8.3.h ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: July, 2021 PASSED BY THE CITY COUNCIL: July, 2021 RESOLUTION NO. 2 Packet Pg. 507 Exhibit A - COUNCIL RULES OF PROCEDURE COUNCIL RULES OF PROCEDURE TABLE OF CONTENTS SECTION 1. AUTHORITY 1.1 Intent of Policies............................................................................................ 1 1.2 Effect/Waiver of Rules.................................................................................... 1 1.3 Footnotes and References............................................................................. 1 SECTION 2. COUNCIL ORGANIZATION 2.1 Oath of Office................................................................................................. 1 2.2 Election of Council President and Council President Pro Tern ....................... 1 2.3 Duties of Officers............................................................................................ 2 2.4 Appointments to Boards and Commissions.................................................... 2 2.5 Filling a Council Vacancy............................................................................... 2 SECTION 3. AGENDA PREPARATION 3.1 Role of City Clerk............................................................................................3 3.2 Placement of Items on the Agenda.................................................................3 3.3 Format for Agenda Memos..............................................................................3 3.4 Agenda Item Priority.......................................................................................4 3.5 Readings for Ordinances.................................................................................4 SECTION 4. CONSENT CALENDAR 4.1 Establishment of Consent Calendar............................................................... 4 4.2 Adoption of Consent Calendar....................................................................... 4 4.3 Removal of Item from Consent Calendar....................................................... 4 SECTION 5. COUNCIL MEETINGS 5.1 Open Public Meetings................................................................................. 5 5.2 Meeting Cancellation....................................................................................5 5.3 Regular Meetings.........................................................................................5 5.4 Forms of Address.........................................................................................6 5.5 Seating Arrangement...................................................................................6 5.6 Quasi -Judicial Items.....................................................................................6 5.7 Council Committees.....................................................................................6 5.8 Executive Sessions..................................................................................... 7 5.9 Special Meetings......................................................................................... 7 5.10 Emergency Meetings................................................................................. 8 5.11 Meeting Place............................................................................................ 8 Packet Pg. 508 Exhibit A - COUNCIL RULES OF PROCEDURE 5.12 Notice of Meetings, Public Hearings.......................................................... 8 5.13 Quorum...................................................................................................... 8 5.14 Attendance, Excused Absences..................................................................8 5.15 Online Meetings..........................................................................................8 5.16 Role of Clerk................................................................................................8 SECTION 6. COUNCIL CONDUCT 6.1 General Conduct............................................................................................ 9 6.2 Conduct with City Staff, and the Council Legislative Assistant ....................... 9 6.3 Conduct with Boards, Committees, Commissions, and Outside Agencies .... 10 6.4 Implementation, Compliance, and Enforcement............................................11 SECTION 7. PUBLIC TESTIMONY 7.1 Regular Meetings......................................................................................... 11 7.2 Group Representation.................................................................................. 12 7.3 Speaking on behalf of an Organization.........................................................12 7.4 Quasi -Judicial Items......................................................................................12 7.5 Recognition by Chair.....................................................................................12 7.6 Decorum........................................................................................................12 7.7 Identification of Speakers..............................................................................12 7.8 Instructions for Speakers...............................................................................12 7.9 Rules for Public Hearings.............................................................................12 7.10 Donation of Speaking Time.........................................................................13 0]lE:� ��iCii1►�'? 8.1 Voice Votes...................................................................................................13 8.2 Motions that do not Receive or Require Seconds.........................................13 8.3 Tie Votes...................................................................................................... 13 8.4 Nature of Motion............................................................................................13 8.5 Request for Written Motions..........................................................................13 8.6 Discussion Following a Motion..................................................................... 13 8.7 Council Consensus...................................................................................... 13 8.8 Withdrawal of Motions.................................................................................. 13 8.9 Motion to Table..............................................................................................13 8.10 Motion to Postpone to a Time Certain........................................................ 13 8.11 Motion to Postpone Indefinitely...................................................................13 8.12 Motion to Call for the Question.................................................................. 14 8.13 Motion to Amend........................................................................................ 14 8.14 Repetition of the Motion Prior to Voting ..................................................... 14 8.15 Voting..................................................................... ............ ........................ 14 8.16 Recusal...................................................................................................... 14 8.17 Silence and Abstention............................................................................... 14 8.18 Prohibition of Voting by Proxy.................................................................... 14 8.19 Close of Discussion.................................................................................... 14 8.20 Motion to Reconsider................................................................................. 14 11 Packet Pg. 509 Exhibit A — COUNCIL RULES OF PROCEDURE 8.21 Questions of Interpretation......................................................................... 14 SECTION 9. ITEMS REQUIRING FOUR VOTES...............................................15 SECTION 10. COUNCIL REPRESENTATION 10.1 Correspondence..........................................................................................15 10.2 Use of City Resources.................................................................................15 10.3 Controversial Communications................................................................... 15 SECTION 11. SUSPENSION AND AMENDMENT OF RULES 11.1 Suspension of Rules...................................................................................15 11.2 Amendment of Rules...................................................................................15 SECTION 12. REIMBURSEMENT OF EXPENSES 12.1 Allowed Expenses.......................................................................................15 12.2 Disallowed Expenses..................................................................................16 12.3 Reimbursement Process.............................................................................16 Packet Pg. 510 Exhibit A — COUNCIL RULES OF PROCEDURE Section 1. Authority. 1.1 These rules constitute the official rules of procedure for the Edmonds City Council. In all decisions arising from points of order, the Council shall be governed by the current edition of Robert's Rules of Order," a copy of which is maintained in the City Council Office. 1.2 These rules of procedure are adopted for the sole benefit of the members of the City Council to assist in the orderly conduct of Council business. These rules of procedure do not grant rights or privileges to members of the public or third parties. Failure of the City Council to adhere to these rules shall not result in any liability to the City, its officers, agents, and employees, nor shall failure to adhere to these rules result in invalidation of any Council act. 1.3 Any provision of these rules of procedure that is footnoted with a citation to the Revised Code of Washington, the Edmonds City Code, or other statute or ruling is included here for ease of reference only and is not intended to be adopted as a rule herein because it already constitutes governing law. Likewise, any conflict between such a provision and the law cited in the footnote shall be resolved in favor of the law cited in the footnote. Provisions herein that are not footnoted with a citation to the Revised Code of Washington or the Edmonds City Code have been adopted by City Council resolution as the Council's procedural rules and may be amended at any time by subsequent resolution. Section 2. Council Organization. 2.1 New Councilmembers shall be sworn in by a judge, the Mayor, or the City Clerk. 2.2. The Council shall elect a Council President and Council President Pro Tem for a one-year term. The election of the Council President shall be conducted by the City Clerk. No one Councilmember may nominate more than one person for a given office until every member wishing to nominate a candidate has an opportunity to do so. Nominations do not require a second. The Clerk will repeat each nomination until all nominations have been made. When it appears that no one else wishes to make any further nominations, the Clerk will ask again for further nominations and if there are none, the Clerk will declare the nominations closed. A motion to close the nominations is not necessary. After nominations have been closed, voting for Council President takes place in the order nominations were made. Councilmembers will be asked to vote by a raise of hands. As soon as a nominee receives a majority vote (four votes), the Clerk will declare him/her elected. No votes will be taken on the remaining nominees. If none of the nominees receives a majority vote, the Clerk will call for nominations again and repeat the process until a single candidate receives a majority vote. The same process is conducted for the election of the Council President Pro Tem. Packet Pg. 511 Exhibit A — COUNCIL RULES OF PROCEDURE 2.3 Duties of Officers A. The Mayor shall be the Presiding Officer at all Council Meetings except Council Committee Meetings. In the absence of the Mayor, the Council President shall become Mayor Pro Tern and act as the Presiding Officer, performing the duties and responsibilities with regard to conduct of meetings and emergency business. In the absence of both the Mayor and the Council President, the Council President Pro Tern shall act as a temporary Presiding Officer. B. It shall be the duty of the Presiding Officer to: 1. Call the meeting to order. 2. Keep the meeting to its order of business. 3. Control discussion in an orderly manner. a. Give every Councilmember who wishes an opportunity to speak when recognized by the chair. b. Permit audience participation at the appropriate times. C. Require all speakers to speak to the question and to observe Robert's Rules of Order. 4. State each motion before it is discussed and before it is voted upon. 5. Put motions to a vote and announce the outcome. C. The Presiding Officer shall decide all questions of order, subject to the right of appeal to the Council by any member. 2.4 ADDointments to Boards and Committees' The Council President shall appoint Councilmembers to Council subcommittees and outside boards and committees that are not otherwise specified or governed by other rules. Prior to appointment, the Council President shall solicit interest from Councilmembers for their preferred appointments. The Council President shall then circulate the final appointment list to the Council at least seven (7) days prior to appointment. The Council President shall make his or her appointments as soon as practicable, following election of the Council President. 2.5 Filling a Council Vacancy A. If a vacancy occurs in the office of Councilmember, the Council will follow the procedures outlined in the Revised Code of Washington2. In order to fill the vacancy with the most qualified person available until an election is ' ECC 1.02.031(B) 2 RCW 42.12.070 2 Packet Pg. 512 Exhibit A — COUNCIL RULES OF PROCEDURE held, the Council will widely distribute and publish a notice of the vacancy at least two weeks in advance, the procedure by which the vacancy will be filled, and an application form. B. The Council will draw up and approve an application form to aid the Council's selection of the new Councilmember. C. Those candidates selected by Council will be interviewed by the Council during a regular or special Council meeting open to the public. The order of the interviews will be determined by drawing the names; in order to make the interviews fair, applicants will be asked to remain outside the Council Chambers while other applicants are being interviewed. Applicants will be asked to answer questions posed by each Councilmember during the interview process. The interview process will be designed to be fair and consistent. Since this is not a campaign, comments about other applicants will not be allowed. D. The Council may recess into executive session to discuss the qualifications of all candidates. Nominations, voting and selection of a person to fill the vacancy will be conducted during an open public meeting. Section 3. Agenda Preparation. 3.1 Under the direction of the Council President and Mayor, the City Clerk will prepare an agenda for each meeting of the full Council and Council committees, specifying the time and place of the meeting and setting forth a brief general description of each item to be considered by the Council. Agendas are subject to review and/or modification by the Council President. 3.2 An item for a Council meeting may be placed on the agenda by one of the following methods: A Majority vote or consensus of the Council. B. By the Council President or Council President Pro Tern when acting in the absence of the Council President. The Council President will make every effort to place an item Council approved by consensus or majority vote on an agenda. If time is not available for the requested date, it shall be placed on the next available agenda. 3.3 Agenda memos shall be in a standard format. The Mayor shall determine the format. 3.4 Agenda items will generally be prioritized in the following order of importance: 1) Packet Pg. 513 Exhibit A — COUNCIL RULES OF PROCEDURE joint meetings or presentations involving outside agencies; 2) items scheduled for statutory compliance; 3) advertised public hearings; 4) continued items from a prior meeting; and 5) items scheduled for convenience, such as those involving outside consultants. 3.5 Ordinances scheduled for Council action will generally receive three readings (with the exception of items that have had a public hearing before the Planning Board). A. The first reading will be the scheduling of the item on the Council Extended Agenda by title or subject. If reasonably possible the item should be listed on the Extended Agenda at least two weeks prior to the second reading. The Council President may authorize exceptions for items of an emergency or unexpected nature requiring immediate action. The applicable portion of the Council Extended Agenda will be appended to the meeting agenda and distributed and posted along with the agenda. B. The second reading will be scheduled for review and discussion by the full City Council or a Council Committee. Items of a minor or routine nature may bypass this meeting and be scheduled directly to a Consent Agenda. In such cases Council shall by motion, waive the second reading as part of the adopting motion. C. The third reading will be Council review and action at a subsequent meeting. Section 4. Consent Calendar. 4.1 The Mayor, in consultation with the Council President, shall place matters on the Consent Agenda which: (a) have been previously discussed by the Council, or (b) based on the information delivered to members of the Council, by the administration, can be reviewed by a Councilmember without further explanation, or (c) are so minor or routine in nature that passage is likely. 4.2 The motion to adopt the Consent Agenda shall be non -debatable and have the effect of moving to adopt all items on the Consent Agenda. 4.3 Since adoption of any item on the Consent Agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the Consent Agenda. Councilmembers are given an opportunity to remove items from the Consent Agenda after the motion is made and seconded to approve the agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for deliberation at the current or future Council meeting. 11 Packet Pg. 514 Exhibit A — COUNCIL RULES OF PROCEDURE Section 5. Council Meetings. 5.1 All Council meetings shall comply with the requirements of the Open Public Meetings Act3. All Regular Meetings, Committee Meetings, and Special Meetings of the Council shall be open to the public. A Council meeting is defined as a properly noticed meeting in which a quorum of the Council transacts official City business as defined by the OPMA. Meetings under the OPMA require an agenda, public notice, and an official record in the form of meeting minutes. Meetings attended by Council members which do not involve the transaction of City business are not considered meetings under the Act. If a quorum of Council members attend such meetings, they are encouraged to sit separately, refrain from discussing City business, and only participate as passive observers. 5.2 Any Council meeting may be canceled by a majority vote or consensus of the Council. The Council President may cancel a Council meeting for lack of official business. 5.3 Regular Meetings4 of the City Council shall be held on every Tuesday of every month, at 7:00 p.m. Regular meetings of the City Council shall be held in the Council Chambers, Public Safety Complex, 250 Fifth Avenue N., Edmonds, Washington. Council meetings shall adjourn no later than 10:00 p.m. on the day initiated unless such adjournment is extended by an affirmative vote of a majority of the Council as a whole plus one. A. Order of Business for Regular Meetings. The order of business shall generally be as follows: Regular Meeting (7:00 p.m.) 1. Call to Order, Flag Salute 2. Land Acknowledgment 3. Roll Call 4. Approval of the Agenda 5. Presentations 6. Public Comment 7. Approval of the Consent Agenda 8. Unfinished Business: The following procedures shall be used: • Introduction of item by Presiding Officer • Presentation by staff • Public Hearings, if any noticed • Council motion to move adoption of legislation • Council discussion and possible action 9. New Business: The following procedure shall be used: s RCW 42.30 4 ECC 1.04.010(A) Packet Pg. 515 Exhibit A — COUNCIL RULES OF PROCEDURE • Staff Presentation • Council discussion 10. Mayor's Comments 11. Council Comments 12. Executive Session, if needed 13. Adjournment 5.4. At all meetings, the Mayor shall be addressed as "Mayor (surname)." The Council President shall be addressed as "Council President (surname)." Members of the Council shall be addressed as "Councilmember (surname)." 5.5. At all meetings, the Mayor shall sit in the Presiding Officer's seat, and the Council President shall sit at the right hand of the Mayor. Other Councilmembers are to be seated in a manner acceptable to Council. If there is a dispute, seating shall be in position order. 5.6 Prior to commencement of discussion of a quasi-judicial item, the Mayor will ask if any Councilmember has a conflict of interest or Appearance of Fairness Doctrine concern which could prohibit the Councilmember from participating in the decision -making process. If it is deemed by the Councilmember, in consultation with the City Attorney, that it is warranted, the Councilmember should step down and not participate in the Council discussion or vote on the matter. The Councilmember shall leave the Council Chambers while the matter is under consideration. 5.7 Council Committees5. The City Council shall have the following Standing Committees: Finance ("FIN"); Parks and Public Works ("PPW"); Public Safety, Planning and Personnel ("PSPP"). Regular meetings of the City Council standing committees shall be held in accordance with the meeting schedule adopted in Edmonds City Code 1.04.010. The audio and/or video of Council Committee meetings shall be recorded, posted online, and bookmarked to allow easy access to portions of the audio recording that correspond with each item on the Committee's agenda. A. Business items considered by a City Council committee should only be forwarded to the City Council Consent Agenda with the unanimous consent of the committee members.6 B. Committee business items that have not received unanimous support of the committee to be forwarded to the Consent Agenda may be discussed at a forthcoming committee meeting if additional committee work is likely to produce unanimity. Alternatively, the Council President may place the item on a future Council agenda for further deliberation and/or action by the City s ECC 1.04.010(B) 6 ECC 1.04.050(A) 0 Packet Pg. 516 Exhibit A — COUNCIL RULES OF PROCEDURE Council.' C. The Council President shall be a nonvoting ex-officio member of all Council committees, except when a regular committee member is absent, in which case the Council President may vote. When a committee chair is absent, the other regular committee member shall serve as the committee chair.$ D. The Mayor and Council members from other committees may attend committee meetings of which they are not members and may join the discussion and ask questions about a committee business item if they have been present during the entire discussion of that business item; provided, that only committee members, or the Council President when substituting for an absent committee member, may vote on committee business. Presence of a quorum of the City Council at a committee meeting shall not change the character of the meeting from a committee meeting to a City Council meeting.' 5.8 The Council may hold Executive Sessions or Closed Sessions from which the public may be excluded, for those purposes set forth in the Revised Code of Washington10. Before convening an Executive Session, the Presiding Officer shall announce the purpose of the Session and the anticipated time when the Session will be concluded. Should the Session require more time, a public announcement shall be made that the Session is being extended. Councilmembers should keep confidential all written materials and verbal information provided to them during Executive Sessions, to ensure that the City's interests are not compromised. Councilmembers should refrain from taking notes in Executive Session because such records may be subject to public disclosure, thereby compromising the confidential nature of the matters discussed. Confidentiality also includes information provided to Councilmembers outside of Executive Sessions when the information is considered to be exempt from disclosure under the Revised Code of Washington. If a Councilmember unintentionally discloses Executive Session discussion with another party, that Councilmember shall make full disclosure to the Mayor and/or the City Council in a timely manner as soon as the error is discovered. 5.9 Special Meetings" may be held by the Council subject to notice requirements prescribed by State law. Special Meetings may be called by the Council President, Mayor, or any four members of the City Council by written notice delivered to each member of the Council at least twenty-four hours before the time specified for the proposed meeting. The notice of such Special Meetings shall state the subjects to be considered, and no subject other than those ' ECC 1.04.050(B) ' ECC 1.04.050(C) ' ECC 1.04.050(D) 10 RCW 42.30.110 and RCW 42.30.140 " RCW 42.30 7 Packet Pg. 517 Exhibit A — COUNCIL RULES OF PROCEDURE specified in the notice shall be considered. The order of business for Special Meetings shall generally follow Section 5.3A. 5.10 An Emergency Meeting12 is a special Council meeting called without the 24- hour notice. It deals with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of a 24-hour notice would make notice impractical and increase the likelihood of such injury or damage. Emergency meetings may be called by the Mayor or the Council President with the consent of a majority of Councilmembers. The minutes will indicate the reason for the emergency. 5.11 Special Meetings and Emergency Meetings will beat a time and place as Council directs. 5.12 The City shall comply with the public notice provisions of the Revised Code of Washington13. Unless specified otherwise, the public shall receive notice of upcoming public hearings through publication of such notice in the City's official newspaper at least ten (10) days prior to the hearing. 5.13 At all Council Meetings, a majority of the Council (four members) shall constitute a quorum for the transaction of business. In the absence of a quorum, the members present may adjourn that meeting to a later date. 5.14 Members of the Council may be excused from attending a City Council meeting by contacting the Council President prior to the meeting and stating the reason for his or her inability to attend. If the member is unable to contact the Council President, the member shall contact the Mayor, who shall convey the message to the Council President. Following roll call, the Presiding Officer shall inform the Council of the member's absence, state the reason for such absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the Clerk will make an appropriate notation in the minutes. Councilmembers who do not follow the above process will be considered unexcused and it shall be so noted in the minutes. A motion to excuse a Councilmember may be made retroactively at the next meeting. Removal of a sitting Councilmember for three (3) consecutive unexcused absences is authorized by RCW 35A.12.060. 5.15 Online Meetings: When online meetings are permitted, Councilmembers must have video and audio capabilities and enable them during the meeting whenever possible. Any participant (Council, staff, or presenter) must enable their video and audio when speaking, unless technical difficulties do not allow. Participants must attempt to contact the technology department in order to resolve any problems prior to the meeting. If the problem cannot be resolved, then the RCW 42.30 13 RCW 35A.12.160 Packet Pg. 518 Exhibit A — COUNCIL RULES OF PROCEDURE participant must inform the Council President and/or the Mayor prior to the meeting. 5.16 The City Clerk or an authorized Deputy City Clerk shall attend all Council meetings. If the Clerk and the Deputy Clerk are absent from any Council meeting, the Mayor shall appoint a Clerk Pro Tempore. The minutes of the proceedings of the Council shall be kept by the City Clerk and shall constitute the official record of the Council. Section 6. Council Conduct. The City Council finds that Councilmembers should seek to continually improve the quality of public service and ensure public confidence in the integrity of local government and its effective, transparent, and equitable operation. Councilmembers have a public stage and privileged platform to show how individuals with contrasting points of view can find common ground, demonstrate problem -solving approaches, and achieve solutions that benefit the community as a whole. Central to these principles is that civility and decorum shall apply to all Councilmember conduct in relation to city business. To this end, the following Code of Conduct for members of the Edmonds City Council is established. 6.1 General Conduct A. Councilmembers shall focus discussions and debates on vision, policies, and their implementation. B. No Councilmember shall dominate proceedings during Council or other public meetings. C. Personal, insulting, or intimidating language, body language and actions, are not allowed. Councilmembers may raise a point of order for ruling by the Chair or by the Body to address inappropriate remarks. D. Ensuring that all meeting participants feel welcome is a vital part of the democratic process. No signs of partiality, prejudice, or disrespect should be evident on the part of Councilmembers toward any individual participating in a public meeting. Every effort should be made to be respectful in listening to Council, staff and public testimony and discussions. E. Technology allows words written or said to be distributed far and wide. Councilmember written notes, voicemail messages, texts, email, or other electronic communications, are public records and shall follow this code. 6.2 Conduct with City Staff, and the Council Legislative Assistant 0 Packet Pg. 519 Exhibit A — COUNCIL RULES OF PROCEDURE The community is best served when the abilities, experience, and knowledge of staff and contract employees work alongside councilmembers, and councilmembers will value these resources and relationships by: A. Using respectful language and avoiding aggressive tones. B. Whenever possible, provide questions ahead of public meetings and otherwise avoid surprises. C. Recognize that calls and emails may not be returned outside of business hours. D. Expressing concerns about performance only to the Mayor, in the case of staff, and the Council President, in the case of Council legislative aide. E. Understanding that Council, as a legislative body, directs City business via policy change initiated by majority Council vote only; councilmembers acting individually shall refrain from directing staff or otherwise intruding on the City's administrative functions. 6.3 Conduct with Boards, Committees, Commissions, and Outside Agencies A. The City maintains several boards and commissions as a means of encouraging and gathering community input. Residents who serve on boards and commissions are a valuable resource to the City's leadership and shall be treated with appreciation and respect. B. Councilmembers are appointed as non -voting members to serve as the primary two-way communication liaison between the Council and boards, commissions, and committees. Councilmembers are not to direct the activities or work of the board, commission, or committee. C. Councilmembers may attend any board or commission meeting to which they are not appointed but shall do so as a member of the public. Personal comments or positions, if given, will be identified as such and shall not be represented as the position of the City or Council. D. Councilmembers shall not contact a board or commission member to lobby on behalf of an individual, business, or organization, with the exception of the hearing examiner or architectural design board. It is acceptable for Councilmembers to contact boards or commissions and their members, so long as all interactions are in line with the Edmonds Code of Ethics. E. When attending a non -city sponsored event, meeting, conference, or other activity, Councilmembers shall do so in an individual Councilmember 10 Packet Pg. 520 Exhibit A — COUNCIL RULES OF PROCEDURE capacity only. Likewise, a Councilmember may be authorized to represent the City only in compliance with RCW 35A.12.100. 6.4 Implementation, Compliance, and Enforcement As an expression of the standards of conduct that best serve the City, the Code of Conduct is intended to be self -enforcing and is most effective when members are thoroughly familiar with it and embrace its provisions. A. This Council Code of Conduct shall be included in the regular orientations for newly seated Councilmembers. Members entering office shall sign a statement affirming they read and understood the City of Edmonds Council Code of Conduct. B. The Code of Conduct shall be reviewed and reaffirmed annually by the City Council. C. When a breach of this code occurs, Councilmembers are encouraged to remind one another of the Code of Conduct terms. These communications may be documented with the subject line, "Code of Conduct Reminder." D. Repeated breaches, or egregious instances, may be dealt with according to the terms set out in the Council's adopted Robert's Rules of Order or other applicable laws and regulations. Section 7. Public Testimony. 7.1 Regular Meetings. A. Members of the public may address the City Council at any Regular Meeting under "Audience Comments." During this portion of the meeting, individuals may speak to agenda items or any other topic except those scheduled for a public hearing or as noticed as a closed record review. Individuals may speak for three minutes or less. If time is available, the Presiding Officer may call for additional unsigned speakers. No person may use public comment to promote or oppose any candidate for public office. In election years, a campaign officially starts when a candidate officially files their candidacy with the State or a county election office and runs through the election. B. If during a Regular Meeting an agenda item is before the Council for the first time and is not part of the consent agenda, public comment for that item will follow the staff presentation but precede Council review. Individuals may speak for three minutes or less. 11 Packet Pg. 521 Exhibit A — COUNCIL RULES OF PROCEDURE 7.2 When large numbers of people are signed up to speak on the same topic, the Presiding Officer may request that the group(s) select a limited number of speakers to cover their view and then ask all those who agree with that position to stand at the conclusion of each presentation. 7.3 When representing the official position of a local agency or organization within the city's jurisdiction, a speaker may be given five minutes and it will be recorded as the official position of that organization. Requests for a five-minute presentation must be made in advance and granted by the Council President or a Council majority. Each organization shall have only one (1) five-minute presentation per year. 7.4 Public testimony authorized in Section 7.1 and 7.2 may not include comments or information on any quasi-judicial matter pending before the City Council, or on any topic for which Council has closed the public record. 7.5 No person shall be allowed to address the Council while it is in session without the recognition of the Presiding Officer. 7.6 It shall be unlawful for any person in the audience at a Council meeting to do any of the following: (1) Engage in disorderly, disruptive, disturbing, delaying or boisterous conduct, such as, but not limited to, handclapping, stomping of feet, whistling, making noise, use of profane language or obscene gestures, yelling or similar demonstrations, which conduct substantially interrupts, delays, or disturbs the peace and good order of the proceedings of the Council.14 7.7 Persons testifying shall identify themselves for the record as to name, City of residence and any organization represented. 7.8 An instruction notice for speakers will be available at the meeting. Speakers wil I be advised by the Presiding Officer that their testimony is being recorded. 7.9 The following rules shall be observed during any Public Hearing: A. Individuals will be allowed three minutes to speak. B. The Presiding Officer may allow additional time for receipt of written testimony when needed. C. The Clerk shall be the timekeeper. D. Prior to closing the hearing the Presiding Officer shall inquire if there are any additional speakers other than those that have signed up and previously spoken, and if there are they shall be allowed to testify. 14 Acosta v. City of Costa Mesa, 718 F.3d 800 (9th Cir. 2013), Id., at 816 12 Packet Pg. 522 Exhibit A — COUNCIL RULES OF PROCEDURE 7.10 Time cannot be donated by one speaker to another. Section 8. Motions. 8.1 Unless otherwise provided for by statute, ordinance, or resolution, all votes shall be taken by voice, except that at the request of any Councilmember, a roll call vote shall be taken by the City Clerk. 8.2 To take action, a Councilmember should make a motion, which is seconded by another Councilmember, on the topic under discussion. If the motion is not seconded, it dies. Some motions do not require a second: nominations, withdrawal of a motion, request for a roll call vote, and point of order. 8.3 In case of a tie vote on a motion, the motion shall be considered lost. If the motion is an item for which the Mayor may break the tie vote, the Mayor may vote on the motion. 8.4 Motions shall be clear and concise and not include arguments for the motion. 8.5 Motions shall be reduced to writing when required by the Presiding Officer or any member of the Council. All resolutions and ordinances shall be in writing. 8.6 After a motion has been made and seconded, Councilmembers may discuss their opinions on the issue prior to the vote. If they wish to do so, they may state why they will vote for or against the motion. 8.7 When the Council concurs or agrees with an item that does not require a motion, the Mayor will summarize the Council's consensus at the conclusion of the discussion. 8.8 A motion may be withdrawn by the maker of the motion, at any time, without the consent of the Council. 8.9 A motion to table is nondebatable. It requires a majority to pass. If the motion to table prevails, the matter may be "taken from the table" only by adding it to the agenda of a future meeting, at which time discussion can continue. If an item is tabled, it cannot be reconsidered at the same meeting. 8.10 A motion to postpone to a specific time is debatable, amendable, and maybe reconsidered at the same meeting. It requires a majority to pass. The motion being postponed must be considered at a later time in the same meeting or a specific future meeting. 8.11 A motion to postpone indefinitely is debatable, is not amendable, and maybe reconsidered at the same meeting. It requires a majority to pass. The merits of 13 Packet Pg. 523 Exhibit A — COUNCIL RULES OF PROCEDURE the main motion may be debated. 8.12 A motion to call for the question shall close debate on the main motion and is nondebatable. This motion must receive a second and fails without a two-thirds (2/3) vote. Debate is reopened if the motion fails. 8.13 A motion to amend is defined as amending a motion that is on the floor and has been seconded, by inserting or adding, striking out, striking out and inserting, or substituting. 8.14 When the discussion is concluded, the motion maker, Mayor, or City Clerk, shall repeat the motion prior to voting. 8.15 The City Council votes on the motion as restated. If the vote is unanimous, the Mayor shall state that the motion has been passed unanimously according to the number of Councilmembers present, such as 7-0" or "6-0." If the vote is not unanimous, the Mayor shall state the number of Councilmembers voting in the affirmative and the number voting in the negative and whether the motion passes or fails. 8.16 If a Councilmember has a conflict of interest or an appearance of fairness question under state law, the Councilmember may recuse themselves from the issue and shall leave the Council chambers during discussion and voting on the issue. That Councilmember shall be considered absent when voting occurs. 8.17 If a member of the Council is silent on a vote, it shall be recorded as an affirmative vote. If a member of the Council abstains, the member shall state the reason for the abstention and it shall be recorded as an abstention and not included in the vote tally. 8.18 No vote may be cast by proxy. 8.19 Once the vote has been taken, the discussion is closed. It is not necessary for Councilmembers to justify or explain their vote. If they wish to make their positions known, this should happen during the discussion preceding the vote. 8.20 After the question has been decided, any Councilmember who voted in the majority may move for a reconsideration of the motion. The motion for reconsideration must be made at the same or next regular meeting. 8.21 The City Attorney, in consultation with the City Clerk, shall decide all questions of interpretations of these policies and procedures and other questions of a parliamentary nature which may arise at a Council meeting. All cases not provided for in these policies and procedures shall be governed by the current edition of Robert's Rules of Order. In the event of a conflict, these Council rules of procedures shall prevail. 14 Packet Pg. 524 Exhibit A — COUNCIL RULES OF PROCEDURE Section 9. Items Requiring Four Votes. The passage of any ordinance, grant or revocation of franchise or license, any resolution for the payment of money or approval of warrants shall require the affirmative vote of at least a majority of the whole membership of the Council (4 votes).15 Section 10. Council Representation. 10.1 Once the City Council has taken a position on an issue, all official City correspondence regarding the issue will reflect the Council's adopted position 10.2 Email, City letterhead, and related materials shall not be used for correspondence of Councilmembers representing a dissenting point of view from an official Council position. 10.3 As a matter of courtesy, letters to the editor, or other communication of a controversial nature, which do not express the majority opinion of the Council, shall be presented to the full Council at least 24 hours prior to publication. Section 11. Suspension and Amendment of Rules. 11.1 Any provision of these rules not governed by state law, City code, fundamental parliamentary procedure, or other statute or rule may be temporarily suspended by a majority vote of the Council. 11.2 It is the intent of the City Council that the rules of procedure be periodically reviewed as needed or during odd -numbered years. These rules may be amended, or new rules adopted, by a majority vote of the Council, provided that the proposed amendments or new rules shall have been distributed to Council at least two weeks prior to such action. Section 12. Reimbursement of Expenses. 12.1 Allowed Expenses. Each councilmember may obtain reimbursement for necessary expenses incurred in connection with the due performance of their official duties or to obtain information about special aspects of a task, vote, or issue before them. In determining the propriety of a reimbursement request, the councilmember seeking reimbursement must be able to demonstrate and document that the expense incurred relates to a matter in which the city council has an interest, or that the expense affects municipal rights, process, or property. Ultimately, there must be a nexus between the expenditure and the welfare of the Edmonds community and its inhabitants, such that the benefit of the expenditure accrues primarily to the public, not the councilmember. The regular and usual expenses associated with councilmember training, travel, 's RCW 35A 13.170 and 35A.12.120 15 Packet Pg. 525 Exhibit A — COUNCIL RULES OF PROCEDURE mileage, and office supplies are not included in the reimbursement limit. 12.2 Disallowed Expenses. Reimbursement shall not be allowed for any expense that would secure a special privilege or exemption for the councilmember or an associate of the councilmember. Nor shall reimbursement be allowed for expenses incurred due to the fault or neglect of the councilmember. Ultimately, if the benefit of the expenditure accrues primarily to the councilmember and not the public, the expense should be disallowed. A non -exhaustive list of such expenditures would include reimbursement for dining, entertainment, non- essential travel, and parking infractions. 12.3 Reimbursement Process. Each councilmember shall be entitled to seek reimbursement for up to $250 per calendar year of allowed expenses as described in 12.1, above. To seek reimbursement, the councilmember shall submit a description of the expenditure, an explanation as to how the expenditure satisfies the criteria for an allowed expense, and sufficient receipts, statements, or other documentation to demonstrate that the expense was actually incurred. As long as the councilmember's expenses remain below the $250 annual threshold, no preapproval of the expenditure is required. Preapproval from City Council would be required once the $250 annual threshold is exceeded. The description, explanation, and other documentation described above shall be placed on the consent agenda for approval, PROVIDED THAT when the council acts on the reimbursement request, it shall be deemed approved and the expense shall be paid unless the request is disapproved by a majority plus one of the full city council. To the extent that there is any conflict between the policies and procedures in this Section 12 and the policies and procedures in the August 19, 2014 Employee Expenses, Volunteer Recognition and Reimbursements Policy, this Section 12 shall control. In the absence of any conflict, this Section 12 should be harmonized with other city policies and procedures regarding expense reimbursement. ADOPTED BY: RESOLUTION NO. XXXX AMENDED BY: RESOLUTION NO. XXXX 16 Packet Pg. 526 9.1 City Council Agenda Item Meeting Date: 07/20/2021 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: PPW071321 PSPP071321 FC071321 Packet Pg. 527 9.1.a PARKS & PUBLIC WORKS COMMITTEE MEETING July 13, 2021 Elected Officials Participating Virtually Councilmember Laura Johnson Councilmember Luke Distelhorst CALL TO ORDER Staff Participating Virtually Phil Williams, Public Works Director Rob English, City Engineer Zack Richardson, Stormwater Engineer Shannon Burley, Parks, Rec. & Cultural Sery Scott Passey, City Clerk Dep. Dir. The Edmonds City Council virtual online PPW Committee meeting was called to order at 4:00 p.m. by Councilmember Distelhorst. 2. COMMITTEE BUSINESS Taste Edmonds & Oktoberfest Event Contracts Ms. Burley explained both events will be held at the Frances Anderson Center field this year. Most large festivals at the Frances Anderson Center close 8th between Main and Dayton and allow local access only. The contracts include standard requirements related to composting, litter, garbage compostable food service wares, etc. New to contracts this year is a requirement to adhere to all COVID-related guidelines at the time of the event. Both events serve alcohol so the contracts include appropriate restrictions and requirements. Oktoberfest This will be an all ages cultural type event with designated areas 21+, areas for all ages with kids -centric activities, folk style music at a lower volume intended for allow for conversation and beer/wine tasting. This a fundraiser for the Rotary; the Rotary contributes to large projects in the City such as the inclusive playground. Taste Edmonds This is the Chamber's largest fundraiser and raises funds for other free events such as Halloween, 4th of July fireworks, and tree lighting. As the beer garden and live music aspects of Taste generate the most revenue, the Chamber decided this year to make it a 21+ ticketed event in the hopes that the live music and the opportunity to be outside in a park and enjoy food and beverages will raise enough money to fund the free events. The Chamber wants to remain nimble and if this format doesn't work, it will be adjusted in the future. The Chamber is required to adhere to all the Liquor Control laws and the City increases the liability limits for events with alcohol. She highlighted a late change to Section 2.12 in the contract, adding more language regarding the alcohol portion of this event given that it is entirely 21+. That change will be reflected in the ordinance when it is in the Council packet for approval. Ms. Burley responded to questions regarding the Chamber's outreach to neighbors due to location, plans to enforce the noise ordinance, informing Community Transit of the 81h Ave closure which requires rerouting transit, and the Chamber's efforts to avoid service of alcohol to minors. Action: Consent Agenda 2. Report on Bids for Phase 2 Stormwater Replacement Project Packet Pg. 528 9.1.a 07/13/21 PPW Committee Minutes, Page 2 Mr. English explained this project was identified in a 2015 Stormwater Study and solves a number of capacity issues. This particular project is related to Maple Street between 6th and 7th and the installation of over 1,000 feet of pipe. Construction bids were opened on July 8th; 6 contractors responded. Quilceda Excavations was originally the low bidder but a bid error in their documents and WSDOT specifications that requires bid documents be read in certain ways changed their bid and they fell to the bottom at $1.4M. Mr. English reviewed the bids: Bid date: 7/8/21 Engineer's Estimate $851,200 Contractor Total Dungeness Construction 797,898 Rodate Construction 815,926 Road Construction NW 844,664.50 Kamins Construction 887,508.76 New Inc 1,243,655.33 Quilceda Excavation 1,403,283.21 • Proposed construction budget Description Total amount Contract Award $797,898 Construction Management, inspection and testin 15% $119,685 Management reserve (15%) $119,685 Total $1,037,267 Construction Funding Available Funding Total amount 422 Funds for Phase 2 Storm Replacement $1,037,267 Staff is in the process of checking references. A response was provided to the bid protest submitted by Quilceda explaining WSDOT bid specifications. Once the references are complete, the contract will be on the July 20th or 27th agenda for award. Dungeness Construction, the apparent low bidder, is a Disadvantaged Business Enterprise (DBE) and a Minority Owned Business. Mr. English responded to a question regarding tracking for DBE. Action: Consent Agenda, pending finalization of reference checks 3. Presentation of a 128-SF Dedication at Northwest Corner of 4th Ave N & Daley St Mr. English explained this is an easement dedication of 128 square feet at the northwest corner of 4th & Daley as part of the development of a private single family residence. An exhibit in the packet identifies the location. Action: Consent Agenda. 4. Presentation of Stormwater Management Code (ECDC 18.30) Update Mr. Richardson reviewed: Why are we updating the code now? o NPDES Permit with State requires codes to protect surfaces water from development which meets or exceeds standards prescribed by Ecology. o New permit requires that the City update to newest Ecology standard by July 2022. o Staff aiming for effective date of January 1, 2022, for clarity in applicability timelines. o Ecology's newest manual (2019 SWMMWW) has minimal substantive changes since previous version (2014); most revisions are organizational changes. Packet Pg. 529 9.1.a 07/13/21 PPW Committee Minutes, Page 3 o See Ecology documents Executive Summary of the 2019 Revisions and Crosswalk: 2014- 2019 SWMMWW for additional information of Ecology o driven changes. How is ECDC related to Ecology Manual o Ecology issues their manual (2019 SWMMWW) o City makes minor local modifications via the Edmonds Stormwater Addendum (Addendum) o City updates ECDC 18.30 to adopt the new manual as modified in the Addendum o Some provisions are required by Ecology o Some items are optional add-ons for City of Edmonds o City provisions cannot be less stringent than Ecology standard and cannot be less stringent than previous version (without Ecology approval) Drainage Review 101 o Drainage mitigation is required when projects exceed certain thresholds of new plus replaced hard surfaces and/or clearing limits. o Hard surfaces are traditional impervious surfaces, plus other compacted surfaces including gravel roadways and pervious pavements. o Replaced hard surfaces are any surfaces where the subgrade material below the surface is exposed temporarily during the construction operation. o Category 1 — Minimum Requirements (MR) 1 — 5 apply ■ 2,000 SF new plus replace hard surfaces, OR ■ 7,000 SF of land disturbing activity (clearing) o Category 2 — Minimum Requirements 1 — 9 apply ■ 5,000 SF new plus replace hard surfaces, OR ■ Converts 0.75 acres of vegetation to lawn/landscaped area, OR ■ Converts 2.5 acres of native vegetation to pasture o Minimum Requirement #5 (LID) ■ Applies to all projects that require drainage review (over 2,000 SF hard surfaces). ■ Focuses on erosion flows; 2-year storm and below. ■ Requires the use of infiltration if feasible ■ Predominant way we get storm water mitigation in Edmonds o Minimum Requirement #6 (Water quality) ■ Requires 5,000 SF of pollution generating hard surfaces (ie. drivable pavement; does not include roofs in most cases) ■ Requires treatment of runoff specific to removing contaminants. o Minimum Requirement #7 (Flow control) ■ Requires 10,000 SF of hard surfaces (or more than 0.1 cfs increase in discharge from site) ■ Big vaults/detention; this is the traditional way of storm water management where we try to match historic flow rates. ■ Infiltration is required to be used for flow control if applicable How's it working? o Switched permit tracking systems at beginning of 2020; reviewed single family building permit data since that date through the start of June 2021. ■ This didn't capture plats as a whole project but reflects the mitigation required for each individual home within a plat. ■ Focused on main BMP where multiple BMPs were proposed. 0 52 projects required drainage review 0 2 applied dispersion as main BMP 0 22 applied an infiltration -based BMP 0 5 applied a perforated pipe connection 0 22 applied Edmonds -specific detention BMP 0 1 qualified for direct discharge What's changing? Packet Pg. 530 9.1.a 07/13/21 PPW Committee Minutes, Page 4 o Most changes are updates to match Ecology reorganization and/or to provide clarity where staff have experienced commonly missed or misinterpreted information by manual users & designers. o See 2022 ECDC 18.30 and Stormwater Addendum Summary of Changes in agenda packet ■ Direction from Ecology (Orange) = Ecology prescribed/required ■ Direction from Staff (White) = Staff -proposed clarification, reorganization, or update without substantial change/impact ■ Direction from Staff (Green) = Staff -proposed change with potential impacts o Staff seek direction on staff -proposed changes with potential impacts prior to moving code for State approval and permitting. ■ Department of Commerce and SEPA approval required prior to formal Council adoption. Change #1: New connections of existing hard surfaces o Old: Current code allows for connection of existing hard surfaces on case -by -case basis with a focus on maintaining City pipe capacity. o New: Staff propose revisions to require new connections of existing hard surfaces to be treated like new hard surfaces requiring full drainage mitigation. ■ Note that this is specific to new connections; where residents have an existing connection, they are permitted to replace the connection in -kind without any mitigation requirements. o Staff Opinion: These new connections of existing surfaces are still new or altered impacts to the City system and any surfaces water they drain to; they should be mitigated for as new impacts. o Potential Impacts: This may limit homeowner options when working on homes without development or expansion. However, the impacts of allowing every pre -drainage -code residence or business to connect to our system would be continuation of the negative impacts of unmitigated historic development and detrimental to staff ability to manage the capacity of our systems in the future. Change #2: Removing Edmonds Way as a direct discharge basin o Old: Current code recognizes the Edmonds Way drainage basin as a partial direct discharge basin with reduced requirements for LID (MR #5) and flow control (MR #7) o New: Staff propose revisions to remove all exemptions for the Edmonds Way basin, resulting in equal application of all drainage code requirements to the Edmonds Way basin. o Staff Opinion: The Edmonds Way drainage pipe (WSDOT) is known to overflow to the Edmonds Marsh under certain conditions; since this demonstrates a capacity issue and now discharges to a non -manmade water body, the direct discharge exemption should no longer apply. o Potential Impacts: This simply means that projects within the Edmonds Way basin comply with the exact same requirement as the rest of the City. Change #3: Increasing protection of Perrinville Creek o Old: Current code applies the drainage code uniformly to all areas of City, including the Perrinville Creek Basin. o New: Staff propose revisions to increase the retrofit requirement for LID and increase the flow control standard within the Perrinville Creek basin (only). ■ Retrofit (applies to existing unmitigated surfaces to remain): 25% _> 50% ■ Flow control: Match 50-year peak => Match 100-year peak (ie. King County Level 3 Standard) o Staff Opinion: The Perrinville has been beaten up by past development and needs better protections. The change in flow control standard is typical for impacted water ways and the retrofit requirement attempts to rectify some of the past abuses on the creek. Staff believe it's fair to ask the residents who have directly benefitted from the impacts on the creek to chip in a little extra towards its recovery. o Potential Impacts: Flow control will have minimal impacts; larger projects will have larger detention facilities with minimal impacts and cost on already large budgets. However, the Packet Pg. 531 9.1.a 07/13/21 PPW Committee Minutes, Page 5 retrofit requirement has the potential to impact homeowners who are not necessarily developing and may become cost -limiting to smaller projects in this basin. Change #4: Detention preferred over perforated pipes o Old: Current code adopted the Ecology BMP list for MR #5 and then added an Edmonds - specific detention BMP to the end of the list, making its priority less than that of a perforated pipe connection. o New: Staff propose revisions to elevate the Edmonds -specific detention BMP to be considered before a perforated pipe connection. o Staff Opinion: Perforated pipes connection are only used when infiltration is already found undesirable for some reason; because of this fact, they are of very little mitigation benefit and often get proposed in dangerous or undesirable locations. Staff have run flow comparisons to demonstrate that the detention option generates far more desirable decreases in the flow rates for sites this condition would apply to. o Potential Impacts: At a minimum detention would be anticipated in nearly all cases where drainage review is required. Detention systems may add some cost to developing compared to the perforated pipe connections but will go much further in protecting the City system and surfaces waters. What's Next? o Staff is requesting comments from the City Council. o We are requesting comments now, prior to beginning the permitting and approval process. o Approvals Needed o Department of Commerce o SEPA o No Ecology review o Public Input o SEPA comment period required o Public hearing required before final approval/adoption o Additional workshops, as directed/if needed. o Questions/concerns: Zachary.Richardson@edmondswa.gov Questions and discussion followed regarding support for the increased protection of Perrinville Creek, rationale for the 2,000 square foot threshold, thresholds that trigger a drainage review, whether lowering the threshold would improve efficiency, striking a balance between the cost of hiring a geotech and benefits of additional detention, ability for cumulative expansions to avoid the threshold, removing Edmonds Way as a direct discharge basin, other areas where direct discharge is possible, and direct discharge exemptions. Action: Presentation to full Council July 20 3. ADJOURN The meeting was adjourned at 4:51 p.m. Packet Pg. 532 9.1.b PUBLIC SAFETY, PERSONNEL & PLANNING COMMITTEE MEETING July 13, 2021 Elected Officials Participating Virtually Staff Participating Virtually Councilmember Kristiana Johnson Whitney Rivera, Municipal Court Judge Council President Susan Paine Uneek Maylor, Court Administrator Scott Passey, City Clerk 1. CALL TO ORDER The Edmonds City Council virtual online PSPP Committee meeting was called to order at 5:04 p.m. by Councilmember K. Johnson. 2. COMMITTEE BUSINESS 2. Add Court Clerk Position Ms. Maylor explained there are multiple courts with one full-time judge; the staffing for those courts is double digit, Edmonds's staffing has historically been single digit. The new Driving While License Suspended Relicensing program the court will be implementing will require an additional staff person. The packet includes the Court Clerk's job description, Judicial Needs Estimate by Full -Time Equivalents, and court staffing. Questions and discussion followed regarding what information is considered in the Judicial Needs Estimate, comparable cities, comparable cities that may not have comparable courts, and support for an additional court clerk position (Council President Paine). Action: Continue discussion at next month's PSPP meeting. 3. Add Assistant Court Administrator and Court Clerk Positions Ms. Maylor explained in reviewing court management styles and positions in King, Snohomish and Skagit Counties, the accounting and financials in Edmonds are not necessary to the standards of the other courts. For a number of reports, financial transactions, criminal histories, etc. there is only one set of exempt eyes for reports that require two sets. Most of the accounting is done and audited by the lead (a union position). Another issue with the lead being in the union versus an exempt employee is that person covers for the Court Administrator during absences and has to deal with HR issues that arise so it cannot be a union employee. The request is to make that person exempt so they can address HR issues in the Court Administrator's absence as well as provide three layers for accounting and audits (Administrator, Assistant Administrator and staff that do the transactions). Questions and discussion followed regarding whether the Assistant Court Administrator will be an internal or external hire; basis for the knowledge, skills and abilities for the Assistant Court Administrator job description; cases the position will be auditing; proposed salary level for the position; lowest NR level available for a supervisor; salary levels in other courts; and support for an Assistant Court Administrator (Council President Paine). Action: Continue discussion at next month's PSPP meeting 4. Judicial FTE Recommendation Packet Pg. 533 9.1.b 07/13/21 PSPP Committee Minutes, Page 2 Ms. Maylor relayed when she came to Edmonds she realized there were tasks not counted in the Judicial Needs Estimate including search warrants and Saturday/Sunday jail hearings. When she received the Judicial Needs Estimate, she realized Edmonds Municipal Court should have had a full- time judge based on the caseload and hearings. This was discussed with then -Judge Coburn, but then COVID hit which affected operations. When Judge Rivera was appointed, she was aware it was a full- time position but compensated at a .75 salary. She brought to Judge Rivera's attention that the Judicial Needs Estimate indicates the position should be full-time and that several tasks were not included. She also brought this information to the HR Director who indicated that could possibly be a labor law issue which was the reason for presenting it for Council review. Questions and discussion followed regarding the Judicial Needs Estimate that determines the FTE for judges, possible impacts of legislative changes on the judge's workload, the State's forecast for additional judges, who prepared Judicial Needs Estimate, whether the City is responsible for adhering to the Judicial Needs Estimate, a request to include caseloads in the Judicial Needs Estimate, how the Judicial Needs Estimate is developed, data that would help the City Council understand the court's caseload, and a suggestion to consider all the court -related items as part of the 2022 budget. Additional information requested by Councilmember K. Johnson: header on the Judicial Needs Estimate existing salary versus proposed salary, personnel policy related to a 5% increase, and further work on the Assistant Court Administrator. Action: Continue discussion at next month's PSPP meeting Change Court Administrator Pay Grade to NR-20 Judge Rivera described the request to achieve equity in salary and vacation compensation for the Court Administrator. She explained Ms. Maylor is not a director under the executive branch, but as the Court Administrator she is in charge of all personnel and administration for the entire judicial branch. In comparing her pay with directors and other municipalities in the Puget Sound region, it was clear her pay grade needed to be increased to achieve equity for her role in the municipal court. There has been a lot of turnover in the court staff in the past; Ms. Maylor has helped rebuild the team. Questions and discussion followed regarding where on the NR-20 pay scale the position would be placed, concern with the percentage of increase going from NR-14 to NR-20, recent administrative law changes recognizing the role of the Court Administrator, appearance of a large pay increase versus the position being undercompen sated in the past, historically low pay ranges for court staff, current salary versus proposed salary, personnel policy related to a 5% increase, and whether personnel policies are applicable to the judicial branch. Action: Continue discussion at next month's PSPP meeting 5. Special Event Permits and Amendments to ECC Title 4 Licenses Action: Schedule on next month's PSPP agenda. 3. ADJOURN The meeting was adjourned at 5:59 p.m. Packet Pg. 534 9.1.c FINANCE COMMITTEE MEETING July 13, 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 Angie Feser, Parks, Rec., Cultural Arts & Human Services Director The Edmonds City Council virtual online Finance Committee meeting was called to order at 6:00 p.m. by Councilmember Buckshnis. 2. COMMITTEE BUSINESS May 2021 Monthly Financial Report Mr. Turley presented the monthly budgetary financial report five months ended May 31, 2021 • What's happening in the Finance Department? o Completed the SAO Financial Audit on June 30 o In the interview process for both the Systems Support Technician and the Deputy Administrative Services Director positions o First five months have gone according to budget, nothing negative to report. Sales tax and REET continue to come in ahead of budget o All governments who apply to GFOA for the GFOA Award Certificate have the same June 30 deadline. The City of Edmonds is the only government in Snohomish County to have their audit completed in time to meet the June 30 deadline. All others had to file for an extension. • Noteworthy things in May report o REET is up $998,080 from this point in time last year o Sales tax is up 730,342 from this point in time last year o Telephone utility tax is down $90,700 from this point in time last year o Have not yet received the 1st quarter payment from Olympic View for their franchise payment; received this payment in May of 2020 o Liquor Excise Tax is up $25,216 from this point last year o Development Services revenues are down $26,062 from this point in time last year o Plan Checking fees are up $107,685 from this point in time last year o Parks & Recreation program fees are up $143,681 from this point in time last year o May 2020 Engineering Overhead was not recorded until June 2020 which is the main reason for the large difference between years. June 2020 Engineering Overhead totaled $183,166 Mr. Turley responded to a question about the bond reserve fund. Action: Consent Agenda 2. Discussion of City Financing Needs N M ti 0 U U- c as E U 2 a Packet Pg. 535 9.1.c 07/13/21 Finance Committee Minutes, Page 2 Scott Bauer, Northwest Municipal Advisors, reviewed: • Potential 2021 LTGO Bond 1. Provide $4 to $7 million for Civic Park and other capital improvements 2. Refund for savings the Water and Sewer Improvement and Refunding Revenue Bonds, 2011 o $8.045M to be refinanced, representing the callable maturities from 2022 to 2031 o No change in share or final maturity (12/1/2031) 3. Advance refund and restructure a portion of the City's LTGO refunding bonds, 2021 (the "2012 bonds") o Portion attributable to the EPFD ■ All outstanding debt to be refunded - $2.585M o Avoid December 1, 2021 payment o Extend the final maturity to 2041 ■ Allows the PFD to receive the sales and use tax rebate until 2041 ■ Lowers annual debt service payments o Issued as taxable series due to federal tax law o Unrefunded portion of the 2012 bonds would remain outstanding • Graph of historical interest rates (Bond buyer 20-Bond General Obligation Index, 1990 to present and July 2018 to present) o Interest rates continue near historical low levels o The charges show an index of 20 long-term, well -rated general obligation bonds City's Outstanding LTGO Bonds LTGO Bonds Par Outstanding Callable Par Final Maturity Coupon Rate Call Date LTGO Ref 2012 $3,895,000 $2,635,000 12/1/2031 1.75% 12/1/2022 LTGO Ref2016 1,968,013 1,008,918 12/1/2026 1.67% 12/1/2023 LTGO 2019 3,375,000 2,230,000 12/1/2039 2.125-5.00% 6/1/2029 Total LTGO Bonds Debt $9,238,013 $5,873,918 • Limited Tax General Obliqation Bonds - PFD Portion PFD Par Callable Final Coupon Call Date Outstanding Par Maturity Rate LTGO Ref 2012 (PFD $2,585,000 $1,755,000 12/1/2026 1.75-3.00% 12/1/2022 Portion of 2012 Bonds) • Outstanding Water and Sewer Revenue Bonds Water and Sewer Bonds Par Outstanding Callable Par Final Maturity Coupon Rate Call Date WS Improv and Ref Rev 2011 $ 8,705,000 $ 8,045,000 12/1/2031 3.00-4.00% 12/1/2021 WS Rev 2013 13,730,000 13,285,000 12/1/2038 4.00-5.00% 6/1/2023 WS Rev 2015 15,945,000 13,570,000 12/1/2040 2.00-4.00% 6/1/2025 WS Rev 2020 13,875,000 13,875,000 12/1/2045 2.00-2.25% 6/1/2030 Total Water & Sewer Bonds Debt $52,255,000 $48,775,000 New Project Money Debt Service Comparison o Monthly debt service and totals for $4 and $ 7million in net proceeds amortized over 10 and 20 years Considerations and additional items o Based on the potential projects/refinancings to include in the bond issue, it appears the bonds would be sold in two series ■ 2021A Tax Exempt: new money proceeds and refunding of the 2011 Water and Sewer Bonds ■ 2021 B Taxable: Advance refunding of the Edmonds PFD's portion of the City's 2012 LTGO bonds N M ti 0 U U_ c a� E z U 2 Q Packet Pg. 536 9.1.c 07/13/21 Finance Committee Minutes, Page 3 ■ The new money and refundings could be structured individually, but would roll up to their respective series ■ Costs of issuance - Shared costs of issuance would be allocated based on size of each financing - Specific costs, such as refunding trustee or the PFD's financial and legal advisors (if any) would be allocated to the specific project or series o Timing ■ Bond issues take about 3 months to complete ■ Starting now would allow us to close a bond issue around October which would achieve both timing goals - After September 1 for a current refunding of the City's 2011 Water and Sewer bonds. - Before December 1 for the Edmonds PFD to defer their December 1, 2021 payment o Bank Qualification ■ Issuers who issue less than $10M tax-exempt bonds in a year are eligible to sell those as "bank -qualified" - Depending on the term, bank -qualified rates tend to be lower than non -bank qualified rates - The PFD portion of the 2021 Bonds, which are expected to be taxable, would not count toward this limit ■ At between $12 and $15M in tax-exempt proceeds, the 2021A bonds would be non - bank qualified ■ May be able to break up the issue into a $10 million bank -qualified series and the balance as a taxable series, if it produces a benefit over an entirely non -bank qualified bond - Would need to be done as a negotiated sale for added control ■ Recommendation: Bank qualification need not drive the City's decision on the size of the new money portion. If we are able to take advantage of bank -qualification, we will. N Questions and discussion followed regarding 2012 bonds originally issued as tax exempt, advantages of refunding the 2012 bonds, bank qualification, other capital projects that could be funded by $4-7M in new money, $4M and $7M provided as examples, ARPA money that could be used for U_ infrastructure, administration's recommendation regarding spending ARPA funds on green infrastructure projects including a Perrinville Creek project, timing of portions of the Perrinville Creek E project, projects that qualify for ARPA funds, potential land acquisition in east Edmonds, citizens' interest in financing needs not wants, anticipated future political support for open space purchases but possibly not for building maintenance, cost of the first portion of the Perrinville project, 10-year versus a 20-year bonds, amortizing a larger bond amount over a longer period, revenue source for debt service, and caution with using REET as a source for debt service due to its volatility. Suggestions: • Finance Committee create a list of projects that could be funded by additional $4-7M in bonds • Research whether ARPA funds would be eligible for the Yost stormwater mitigation project • Schedule a special Finance Committee meeting to discuss projects for an additional bond amount and to discuss bonds refunding with the PFD Finance Committee Recommendations: • Sewer revenue bonds - recommend proceed • Refunding PFD Bonds - recommend proceed • Civic Field - recommend bond for the balance of the cost, need to decide on a dollar amount and number of years Packet Pg. 537 9.1.c 07/13/21 Finance Committee Minutes, Page 4 Action: Schedule special meeting to discuss projects for an additional bond amount and to discuss bond refunding with the PFD 3. ADJOURN The meeting was adjourned at 6:59 p.m. N M ti O U U- c a� E M v 2 Q Packet Pg. 538