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2021-10-05 City Council - Full Agenda-29811. 2. 3. 4. 5. 6. 7. Op E D o Agenda Edmonds City Council s71. ,HvREGULAR MEETING - VIRTUAL/ONLINE VIRTUAL ONLINE MEETING EDMONDS CITY COUNCIL MEETINGS WEB PAGE, HTTP://EDMONDSWA.IQM2.COM/CITIZENS/DEFAULT.ASPX, EDMONDS, WA 98020 OCTOBER 5, 2021, 7:00 PM THIS MEETING IS HELD VIRTUALLY USING THE ZOOM MEETING PLATFORM. TO JOIN, COMMENT, VIEW, OR LISTEN TO THE EDMONDS CITY COUNCIL MEETING IN ITS ENTIRETY, PASTE THE FOLLOWING INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS://ZOOM. US/J/95798484261 OR JOIN BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. IN ADDITION TO ZOOM, REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGEMENT ROLL CALL PRESENTATIONS 1. Indigenous Peoples Day Proclamation (5 min) 2. Arts Commission Annual Report (20 min) APPROVAL OF THE AGENDA AUDIENCE COMMENTS APPROVAL OF THE CONSENT AGENDA Edmonds City Council Agenda October 5, 2021 Page 1 1. Approval of Council Special Meeting Minutes of September 28, 2021 2. Approval of Council Meeting Minutes of September 28, 2021 3. Approval of claim and payroll checks. 4. Acknowledge receipt of a Claim for Damages from Travis Johnson 5. Draft Bond Ordinance 8. COUNCIL BUSINESS Council Student Representative Interview (10 min) Budget Scheduling and Coordination (15 min) Amendment to City's Agreement with South County Fire (90 min) 9. COUNCIL COMMENTS 10. MAYOR'S COMMENTS ADJOURN Edmonds City Council Agenda October 5, 2021 Page 2 4.1 City Council Agenda Item Meeting Date: 10/5/2021 Indigenous Peoples Day Proclamation Staff Lead: Mayor Nelson Department: Community Services Preparer: Patrick Doherty Background/History On September 19, 2017 the City Council passed Resolution 1393, providing for the following: Section 1. The second Monday in October, currently recognized as a federal holiday known as Columbus Day, will be known in the City of Edmonds as Indigenous Peoples Day. Section 2. The City Council and Mayor encourage residents, businesses, organizations and public institutions in Edmonds also to memorialize and celebrate Indigenous Peoples on the second Monday of October. Section 3. The City Council and Mayor encourage residents, businesses, organizations and public institutions in Edmonds to take steps to acquire a more complete and balanced history of this continent's and region's development since the arrival of European settlers, including an understanding of the contributions made by Indigenous Peoples, together with the hardships and sacrifices endured by Indigenous Peoples. Since that time no official observance of, or activities related to, Indigenous Peoples Day have occurred in Edmonds. Staff Recommendation No action required. Narrative Mayor Nelson wishes to proclaim the following in observance of the upcoming Indigenous Peoples day on October 11, 2011: 1. The City of Edmonds wishes to extend its heartfelt gratitude to the former and current Coast Salish peoples of the Edmonds and Puget Sound region for their ever-present and ongoing, invaluable contributions to our community; 2. The City of Edmonds acknowledges that the Edmonds community exists and coexists on lands inhabited and taken care of by Coast Salish peoples for time immemorial; and Packet Pg. 3 4.1 3. For the first time in its history as an incorporated city, the City of Edmonds will officially observe and celebrate Indigenous Peoples Day on October 11, 2021; and 4. The Mayor and City Council encourage all residents of Edmonds to learn more about this region's Coast Salish peoples, past and present, not only on this Indigenous Peoples Day 2021, but throughout the year; and 5. To help facilitate greater community awareness, appreciation and learning, the City has created a webpage containing links to numerous and multimedia resources related to this region's Indigenous People, which can be found at https:Hedmondswa.gov/indigenous; and 6. Given the continuing restrictions and precautions stemming from the COVID-19 pandemic, organized, in -person celebrations of Indigenous Peoples Day 2021 are not possible, yet the Mayor and City Council are committed to more robust, in -person observances of Indigenous Peoples Day in future years Full Proclamation is attached. Attachments: 20211001093346 Packet Pg. 4 4.1.a City of Edmonds * Office of the Mayor INDIGENOUS PEOPLES DAY 2021 WHEREAS, Indigenous Coast Salish peoples, including Snohomish, Tulalip, Suquamish, S'Klallam, Snoqualmie, and other tribes, inhabited the Puget Sound region that includes the shorelands and uplands of Edmonds for thousands of years, using the area now known as Edmonds to harvest salmon, shellfish and land -based resources; and WHEREAS, Indigenous Peoples of the Puget Sound region enjoyed and exhibited a rich, diverse culture and enduring spirit that continues to be present and celebrated to this day in Edmonds and throughout the region; and WHEREAS, Indigenous culture is enshrined in sovereign tribal nations throughout the region, memorialized in case law that recognizes historic fishing and water rights, and is celebrated and recounted in the statewide "Since Time Immemorial" curriculum required since 2015 in the public schools; and WHEREAS, the City of Edmonds values the historic and contemporary contributions made to this community by all our region's past and present Indigenous Peoples; and WHEREAS, the residents and elected leaders of the City of Edmonds embrace an open and affirming community that celebrates diversity and rejects oppression of minority peoples, including Indigenous Peoples; and WHEREAS, the City of Edmonds wishes, and has begun, to develop relationships and community partnerships through outreach, invitation and communication with the Packet Pg. 5 4.1.a Indigenous People of the Puget Sound area; and WHEREAS, the City of Edmonds is committed to promoting respect for, and understanding of, the region's indigenous community, their long history, and their continuing contribution to contemporary society; and WHEREAS, in recognition of the foregoing, the Edmonds City Council passed Resolution 1393 on September 19, 2017 providing for the following: Section 1. The second Monday in October, currently recognized as a federal holiday known as Columbus Day, will be known in the City of Edmonds as Indigenous Peoples Day. Section 2. The City Council and Mayor encourage residents, businesses, organizations and public institutions in Edmonds also to memorialize and celebrate Indigenous Peoples on the second Monday of October. Section 3. The City Council and Mayor encourage residents, businesses, organizations and public institutions in Edmonds to take steps to acquire a more complete and balanced history of this continent's and region's development since the arrival of European settlers, including an understanding of the contributions made by Indigenous Peoples, together with the hardships and sacrifices endured by Indigenous Peoples. NOW, THEREFORE, I, MAYOR MIKE NELSON, DO HEREBY PROCLAIM: 1. The City of Edmonds wishes to extend its heartfelt gratitude to the former and current Coast Salish peoples of the Edmonds and Puget Sound region for their ever-present and ongoing, invaluable contributions to our community; 2. The City of Edmonds acknowledges that the Edmonds community exists and coexists on lands inhabited and taken care of by Coast Salish peoples for time immemorial; and 3. For the first time in its history as an incorporated city, the City of Edmonds will officially observe and celebrate Indigenous Peoples Day on October 11, 2021; and 4. The Mayor and City Council encourage all residents of Edmonds to learn more about this region's Coast Salish peoples, past and present, not only on this Indigenous Peoples Day 2021, but throughout the year; and 2 0 CITY OF EDIVIDNIDSO I Packet Pg. 6 4.1.a S. To help facilitate greater community awareness, appreciation and learning, the City has created a webpage containing links to numerous and multimedia resources related to this region's Indigenous People, which can be found at https:Hedmondswa.gov/indigenous; and 6. Given the continuing restrictions and precautions stemming from the COVID-19 pandemic, organized, in -person celebrations of Indigenous Peoples Day 2021 are not possible, yet the Mayor and City Council are committed to more robust, in -person observances of Indigenous Peoples Day in future years PROCLAIMED this 5th day of October, 2021 Mike/Nelson, Mayor 3 * CITY OF EIDIVIONDSO I Packet Pg. 7 4.2 City Council Agenda Item Meeting Date: 10/5/2021 Arts Commission Annual Report Staff Lead: Frances Chapin Department: Parks, Recreation & Cultural Services Preparer: Scott Passey Background/History The Edmonds Arts Commission (EAC) was established by City Council in 1975 (Ordinance 1765). The seven -member, volunteer commission is appointed by the Mayor and confirmed by City Council. The Commission is charged with advising and making recommendations to the Mayor and City Council, and as appropriate, to other boards and commissions of the City on areas pertaining to the arts, including representing the City in art matters, encouraging and aiding programs for cultural enrichment, and providing advice and assistance in the field of art, aesthetics and beautification. The mission of the Arts Commission is to ensure that the arts are integral to our community's quality of life, economic vitality, and central identity. Staff Recommendation No action required. Narrative The impact of COVID-19-related meeting restrictions and other complications over the past 18 months meant that the EAC did not make a presentation in 2020. The 2019 annual report is attached. The presentation to be made by Arts Commission Chair Rhonda Soikowski at the 10/05/21 Council meeting will primarily include highlights from EAC activities in 2020, as described in the attached 2020 annual report, and will also highlight information on activities in 2021 and the ongoing impacts of the pandemic. Attachments: 2019 annual report CC 2020 EAC annual report Edited Packet Pg. 8 PERFORMING ARTS Dmitry Matheny Group at City Park Katrina Shakti teaches audience member belly dancing moves during Summer Concerts at Hazel Miller Plaza Presented seven free Summer Concerts in City Park, featuring diverse Sunday afternoon performances sponsored for over ten years by Lynnwood Honda and Acura of Lynnwood. Presented twelve free concerts at Hazel Miller Plaza at 12:30 on Tuesdays and 5-6:30pm Thursdays, sponsored by the Hazel Miller Foundation since 2013. Approximately 4,000 people of all ages attended the Summer Concerts. Partnered with Edmonds Center for the Arts to assist in sponsoring performers for the free Kidstock! event and outreach including, including belly dancing Belly dancing workshop with Bella Gaia's workshop (pictured), and Irina Akulenko Kevin Spencer film presentation. Indigenous Plazmakers at Music at the Library April program Learning about stringed instruments at Wintergrass Preview instrument "petting zoo" Partnered with Sno-Isle Edmonds Library and Friends of the Edmonds Library to present the fourth season of Music at the Library. The series offers seven free monthly music related events in the Plaza Room, October through April. The February Music at the Library Wintergrass Preview presentation attracted about 100 people to listen to music by Cascade Mountain Boys, with an opportunity to join an open jam session led by band members after the concert. 2019 COMMISSIONERS Tanya Sharp, Chair Rhonda Soikowski, Vice -Chair Lesly Kaplan, WOTS Committee Chair Marni Muir Patricia Oneill Beverly Shaw-Starkovich Ashley Song 2019 STAFF Frances White Chapin, Arts & Culture Manager Laurie Rose, Arts Program Specialist CITY OF EDMONDS ARTS COMMISSION Parks, Recreation & Cultural Services Dept. Frances Anderson Center 700 Main St I Edmonds WA 98020 425-771-0228 1 eac@edmondswa.gov edmondsartscommission.org Facebook.com/edmondsartscommission Twitter.com/edmondsarts F w 2019 Annual Review edmonds 4.2.a ARTS COMMISSION Founded in 1975, the mission of the City c Edmonds Arts Commission (EAC) is to ensur that the ants are integral to our community' quality of life, economic vitality, and centr: identity. LITERARY ARTS The 34th Write on Sound Writers' Conference (WOTS sold out with over registrants. Nation. recognized, the evt generated about 61 overnight stays, wi participants from 1 states. It featured keynote speaker Charles Keynote Charles Johnson signing his book at Johnson; a full day the conference reception preconference writ workshops; and ov 30 weekend sessions. Community sponsorships inch Edmonds Theater for the keynote venue; Writing Contest awards by Patricia Thorpe & Heather Kraus RBC Wealth Management; reception/hospitality by Windermere Real Estate/Edmonds; on site bookshc Edmonds Bookshop; hospitality by Walnut Street Coffee; and dine-arounds hosted by EPIC Group Wri The 22nd annual Best Book I Ever Read Poster Contest for third graders was presented in partnership with Friends of the Edmonds Library and Edmonds School District. Forty winning poster entries were exhibited at the FAC and over 150 students and families attended a presentation by Edmonds children's book author Kizzie Jones and illustrator Scott Ward. Student contestant poses with certi< and winning poster Packet Pg. 9 0 a� 3 c C Q c 0 N rn E E 0 U N Q VISUAL ARTS Four Exhibit Spaces featured diverse work by local and regional artists in six to eight -week solo and group shows. Short film "Le Confrontation" by E-W HS student Mia Herr was a featured work in the Youth Digital Art exhibit Edmonds Historical Museum exhibit of sign makers tools of the trade and former downtown signs in the EAC Display Case Exhibit of student show in the McDevitt Youth Art Display featured digital art and video by seven Edmonds teens with equipment funded by Edmonds Arts Festival Foundation. EAC Display Case exhibits included Belltown Bookarts (ArtWorks), Edmonds Historical Museum, and ARTSpot's 365 Drawing -a -day group show. Joint exhibits with the EAF Gallery included Sculptors Workshop, Coast Salish artist TyJuvinel and Seaview Weavers. Library shows featured work by Jacob Smithers, Victoria Galbraith, Don Wesley, Meredith Regal, selections from the City's Hekinan collection, Junior Duck Stamp contest WA winners, Judith Rayl, and photographs in partnership with Puget Sound Bird Fest. ARTS ASSISTANCE Carved hat by Coast Salish artist Ty Juvinel Provided assistance and information services to artists, arts organizations and the community. Email quarterly Arts Bulletin e-newsletter to over 1000 and WOTS e- news to over 2200 recipients. Awarded $21,200 to nine local arts organizations through EAC recommended awards for Tourism Promotion to the Lodging Tax Advisory Committee. Promotion funds to support cultural tourism through promotion outside of Edmonds were awarded to Olympic Ballet Theatre, Cascade Symphony, Edmonds Driftwood Players, Edmonds Art Studio Tour/ EAFF, Frank DeMiero Jazz Fest, Jazz Connection, Art Walk Edmonds, Cascadia Art Museum, and Sno-King Chorale. PUBLIC ART "Welcome, Immigrants" by Elise Koncsek, Civic Park fence, 6th Ave. N. Presented six temporary art installations on three City fences through the On the Fence program, which provides public art opportunities for emerging and established artists and youth whose works reflect core values of inclusivity and social discourse. Installations at Civic Field, the Frances Anderson Center Field, and 2nd & Dayton, Art Works, fence included work by artists Elise Koncsek; Mona Smiley -Fairbanks & Mimi Sturman; Angie Hinojos Yusuf; Seattle P rocrasti knitters, and Don Wesley. "Polka Dots" by Seattle Procrastiknitters, Civic Park fence, 6th Ave. N. The EAC Participated with consultants and the community on a master planning process for Civic Park, identifying potential art opportunities at the new park. Determined funding and defined processes for Civic Park project and for The Arts Mean Business! a second project on the grounds of the Community Impact: 2000-2019 Edmonds Library entry. COMMUNITY INVOLVEMENT & PARTNERSHIPS The EAC regularly partners with organizations to support and promote Edmonds arts programs, arts education, and cultural tourism in a variety of ways. Partners include Edmonds Arts Festival/Foundation (visual art exhibits, public art Poet Judith Adams at Edmonds acquisition and public art Library during Write on the Sound maintenance); Edmonds Center for the Arts (arts education and free Kidstock! event); Edmonds School District (Best Book); Sno-Isle Library and Friends of the Edmonds Library (exhibits, WOTS poetry reading, Best Book, Music at the Library); Bird Fest (photo exhibits); EPIC Group Writers (after hour activities at WOTS); and local businesses. Assisted with organization of Arts & Heritage Day at the state capitol, and organized the Arts & Humanities month proclamation presented at City Council. The City public art collection includes 34 outdoor artworks plus 25 unique flower pole sculptures and over 100 pieces exhibited indoors. Printed a new Public Art Walking Tour brochure, and created an online map. Provided annual maintenance for exterior sculptures with funding assistance from Edmonds Arts Festival Foundation. Edmonds constituents with Senator Liias on Arts & Heritage Day in Olympia In 2000, $6,000 in Lodging Tax funds was awarded for Tourism Promotion to six local organizations. In 2019 EAC awarded $21,200 for Tourism Promotion to nine organizations. In 2000, Write on the Sound (WOTS) was a two-day conference with 182 attendees, most from Washington state, and a net revenue of $6,050. In 2019 the three-day conference sold out with 271 registered participants, 9% from out of state, and the net revenue was $22,600. Revenues from WOTS support other EAC programs, supplementing the annual allocation of $15,000 from the City General Fund for Arts Commission programs. The allocation was established in 1985 and has not increased since then. In 2019, 57% of EAC revenue was from earned income and contributions, and 43% from governmental sources. CREATIVE DISTRICT I 4.2.a Certified by the State at the end of 2018, goals for the year included establishing a 19 member Advisory Committee for the Edmonds Creative District selected City Council, Mayor and Commissions to broadly repre the creative sector in downtown Edmonds. The representative from the Arts Commission is Ashley Sor City staffing for the Edmonds Creative District is provid through a collaboration between Economic Developmt and Cultural Services. ArtsWA Creative District training workshop The Creative District advisory committee focused effor on branding and creation of a logo for future advertisil concept development for the 4th Avenue Cultural Corridor which included an initial neighborhood meeti and compiling information on creative sector business( 2019 EAC PROJECTS & PROGRAMS Revenue Expenses 48% Earned Income 46% Events and Programs* 9% Contributed/Donations 9% General fund 22% Lodging Tax Funds 12% Public Art* *Revenue for Public Art varies from year to year, depending on eligible City construction projects and private donations. 5% Supplies and Equipment 43% Marketing 6% Public Art *Staffing for the Arts Office is through Parks Recreation and Cultural Services Dept. r Q Packet Pg. 10 1 PERFORMING ARTS/FILM Five free online Hazel Miller Plaza Summer Concerts, sponsored by the Hazel Miller Foundation, were presented via the Ion McFaron Duo online concert City's YouTube and cable television channels. Summer Concerts in City Park were canceled due to restrictions. The EAC partnered with Edmonds Center for the Arts to assist in sponsoring performers for the free Kidstock! event and outreach. Also partnered with Sno-Isle Edmonds Library and Friends of the Edmonds Library to present the fifth season of Music at the Library. The series offered free monthly music related events in the Plaza Room, October 2019 through February 2020, before the cancellation of the remainder of the season in March. The February Wintergrass Preview presentation attracted approximately 100 people to enjoy music by Cliff Perry & Friends with an opportunity to join an open jam session led by band members after the concert. A new Winter Film Series: Interpreting WINTER FILM SERIES Interpreting Literature for New Audiences am =II 1 a� n Febg Sun Febz3 _ mOF aS�RNWR Literature for New Audiences featured four films in the Plaza Room with discussion of the books on which they were based following each screening. edmond '.Z.b ARTS COMMISSION Founded in 1975, the mission of the Cit of Edmonds Arts Commission (EAC) is t ensure that the arts are integral to OIL a community's quality of life, economi vitality, and central identity. c c LITERARY ARTS Mh E E _ o in plpp%'- dr. Zoom session during Write on the Sound The 36th annual Write on the Sound writes conference (WOTS) was presented as an online event due to pandemic restrictions. featured keynote speaker Jane Friedman; full day of pre -conference writing workshol with Donald Maas and Rachel Weaver; and three days of online sessions by publishing industry professionals. Community sponsorships included Writing Contest awa by Patricia Thorpe & Heather Krause/RBC Wealth Management and an online booksl hosted by Edmonds Bookshop, plus an onli Open Mic event hosted by EPIC Group Writers. The annual Best Book I Ever Read Poster Contest for third graders, annually held in March and April, was canceled due to pandemic restrictions. Packet Pg. 11 , ",N- _ VISUAL ARTS Edmonds Library Art Wall February group exhibit featured underwater photography of Puget Sound habitats. Four Exhibit Spaces featured diverse work by local and regional artists in rotating solo and group shows in January and February. The remaining 2020 exhibits were canceled in March. Exhibit of student show in the McDevitt Youth Art Display featured paintings by Quinlon Merrin. EAC Display Case exhibit included carving by John Dewhirst and Paul Hudson. Joint exhibits with the EAF Gallery included Sculptors Workshop, and the Edmonds Library shows featured work by Judith Rayl and an Underwater Photography Group show. ARTS ASSISTANCE Provided assistance and information services to Negand artists, arts organizations and E,,40,Speeches the community. EAC sponsored a free workshop by Artist Trust on Writing Artist Statements. Emailed quarterly Arts Bulletin e- newsletter to over 1000, and WOTS a -news to over 2200 recipients. Awarded $25,120 to 11 local arts organizations through EAC recommended Tourism Promotion awards from Lodging Tax funds to support cultural tourism events and activities which attract visitors to Edmonds. PUBLIC ART Presented temporary art installations on three City fences through the On the Fence program, which provides public art opportunities for emerging and established artists to create visuals "Orcas"by Heather Rae which stimulate on Main Street conversation about issues of community interest including environmental concerns, social justice, and sense of place. Installations at Civic Field, the Frances Anderson Center Field, and 2nd & Dayton, ArtWorks, fence included work by artists Heather Rae, Mona Smiley -Fairbanks, Sophia Munic, and Christabel Jamison. Parks staff installs new flower pole artwork, The City public art collection includes 34 outdoor artworks plus 28 unique flower pole sculptures, 4 new ones installed in 2020, and over 100 pieces exhibited in public buildings. "Magical Day, by Issued a Call f, TsovinarMuradyan and facilitated the first stage of artist selection for Civic Park, conducting an online selection process with the panel to select five finalists for future interviews —process on hold until project is rebid in 2021. Project on the grounds of the Edmonds Library entry postponed due to reduced staff availability with focus on pandemic safety requirements. )r Artists COMMUNITY INVOLVEMENT & PARTNERSHIPS The EAC regularly partners with organizations to support and promote Edmonds arts programs, arts education, and cultural tourism in a variety of ways. Partners include Edmonds Arts Festival/Foundation (visual art exhibits, public art acquisition and public art maintenance); Edmonds Center for the Arts (arts education and online We Speak spoken word event); Sno-Isle Library and Friends of the Edmonds Library (exhibits, WOTS poetry reading, Best Book, Music at the Library); Bird Fest (photo exhibits); EPIC Group Writers (after hour activities at Write on the Sound); and local businesses. Assisted with organization of Arts & Heritage Day at the state capitol, and recognition of Arts & Humanities month in October. 21st District constituents with Senator Marko Liias on Arts & Heritage Day in Olympia, February 2020 COMMUNITY IMPACT: PANDEMIC For 2020 EAC increased the total amount of available funding for Tourism Promotion grants, but organizations were hampered in their ability to utilize the funds as venues and live events/performances were shut down in March. EAC revenues for the year were down about 30% and donations decreased as a result of the pandemic. Expenses were also reduced as programs such as Concerts in the Parks and Music at the Library were cancelled. Write on the Sound conference revenues, typically used to support EAC programs, were down almost 40%.They supplement the annual allocation, established in 1985, of $15,000 from the City General Fund for Arts Commission programs. EDMONDS CREATIVE DI Certified by the State at the end of 2018, Cit) staffing for the Edmonds Creative District is provided through a collaboration between th Economic Development Department and the Cultural Services Division. G a The Creative District advisory committee focused efforts on branding, marketing, and concept development for the 4th Avenue r_ Cultural Corridor. Q A virtual community open house with online o survey was held in August to gather commui N preferences for concept development in the E next stage of schematic design for 4th Ave. o U r`I`N Q E D M O N D S CREATIVE -nIBTDII[T- Which of the street sections do you prefer? BUILT -TO -STANDARDS 2020 EAC PROJECTS & PROGRAMS Revenue Expenses 36% Earned Income 58% Events and Programs* 6% Contributed/Donations 1% Supplies and Equipment 12% General fund 34% Marketing 22% Lodging Tax Funds 24% Public Art* *Revenue for Public Art varies from year to year, depending on eligible City construction projects and private donations. 7% Public Art *Staffing for the Arts Office is through Parks Recreation and Cultural Services Dept. Packet Pg. 12 1 7.1 City Council Agenda Item Meeting Date: 10/5/2021 Approval of Council Special Meeting Minutes of September 28, 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: 09-28-2021 Draft Special Meeting Minutes Packet Pg. 13 7.1.a EDMONDS CITY COUNCIL VIRTUAL ONLINE SPECIAL MEETING DRAFT MINUTES September 28, 2021 ELECTED OFFICIALS PRESENT STAFF PRESENT Adrienne Fraley Monillas, Councilmember Jeff Taraday, City Attorney Susan Paine, Council President Diane Buckshnis, Councilmember Luke Distelhorst, Councilmember Vivian Olson, Councilmember Kristiana Johnson, Councilmember Laura Johnson, Council President Pro Tern ELECTED OFFICIALS ABSENT Mike Nelson, Mayor 1. CALL TO ORDER At 6:45 p.m., the Edmonds City Council Special Meeting was called to order by Council President Paine. The Council utilized the Zoom online meeting platform to conduct this meeting. 2. EXECUTIVE SESSION The Council then convened in Executive Session to discuss pending or potential litigation per RCW 42.3 0.11 0(l)(i). ADJOURN At 7:00 p.m., the executive session concluded and the meeting was adjourned. Edmonds City Council Draft Minutes September 28, 2021 Page 1 Packet Pg. 14 7.2 City Council Agenda Item Meeting Date: 10/5/2021 Approval of Council Meeting Minutes of September 28, 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: 09-28-2021 Draft Council Meeting Minutes Packet Pg. 15 7.2.a EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING DRAFT MINUTES September 28, 2021 ELECTED OFFICIALS PRESENT Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember ELECTED OFFICIALS ABSENT Mike Nelson, Mayor 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir Dave Turley, Finance Director Rob English, City Engineer Zack Richardson, Stormwater Engineer Bertrand Hauss, Transportation Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 7:01 p.m. by Mayor Pro Tern Paine. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Distelhorst 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, with the exception of Mayor Nelson, participating remotely. 4. PRESENTATIONS 1. ECONOMIC DEVELOPMENT COMMISSION ANNUAL REPORT Economic Development & Community Services Director Doherty explained the Economic Development Commission (EDC) was established pursuant to City Council -approved amendments to Chapter 10.75. The nine -member, volunteer board is appointed by the Mayor and City Council. Edmonds City Council Draft Minutes September 28, 2021 Page 1 Packet Pg. 16 7.2.a The Commission is charged with advising and making recommendations to the Mayor and City Council, and as appropriate, to other boards and commissions of the City on strategies, programs or activities intended to generate economic development and consequently increase jobs and municipal revenue. Topics of study may be referred to the Commission by the Mayor or City Council, or independently generated by the commission. The commission is also charged with providing an annual report to City Council. Given the vagaries of COVID-19-related meeting restrictions and other complications over the past 18 months, the EDC did not make a presentation in 2020. Tonight's presentation is intended to provide an overview of the activities the EDC has been engaged in since 2019 and activities it is considering undertaking over the next 12 to 18 months. The EDC is interested in Council and Mayor input regarding these proposed activities. In addition, they look forward to any ideas or suggestions Council and/or the Mayor may have regarding their proposed activities for the next 12 to 18 months. Mr. Doherty introduced EDC Chair Nicole Hughes and Vice Chair Kevin Harris. He referenced a written summary that was provided to Council today via email. EDC Chair Hughes reviewed: • EDC Overview and Focus - 2020/2021 o EDC Purposes ■ Advise the Mayor and Council on ideas, strategies, programs or activities intended to support economic vitality o Visibility: How We Work ■ Project committees focused on priority areas explore ideas related to areas of interest - Neighborhood Business Districts - Edmonds Business Booster Website - Waterfront Business District Opportunities - Parking and Shuttle - Data and Comms (internal) o Strategic Topics ■ Economic Resilience ■ Revenue Growth ■ Balance ALL Geographic Business Areas ■ Diversity and Equity across Different Business Types ■ Recognizing the Intersection between Community Health and Economic Health EDC Vice Chair Harris reviewed: Updates/Impacts o EDC has diverse experience and perception of economic development o COVID and reorganizing the team o Project Workgroups ■ Neighborhood Business Districts - identify strategies to attract business activities to all districts. Perrinville, Firdale, Healthcare Dist., International Dist., Downtown, Waterfront Zone, Five Corners, Highway 99 ■ Edmonds Business Booster Portal - create a navigation platform for business start-ups and development. Steers entrepreneurs and business scalers to training, mentoring and coaching support. ■ Waterfront Business Zone Opportunities - collaborate with the Port and Waterfront to diversity business activity in the Waterfront Zone ■ Parking and Shuttle - explore ways to address the long-term impact of population and business growth on the city's parking inventory. Edmonds City Council Draft Minutes September 28, 2021 Page 2 Packet Pg. 17 7.2.a ■ Data and communications — internal resource to assist data -driven projects and support communications processes between the EDC, Edmonds officials and partners. Chair Hughes reviewed: • Ideas in early consideration (from the EDC retreat, the public, conversations with Councilmembers, etc.) o Develop vision for vitality across all business geos o Cohesive brand development and marketing for different geos o Strategies to attract visitors through non-traditional arrivals o Mobility between different areas of Edmonds o Children's Museum and recreation o City facilities available in Uptown renewal zone o Attract corporate satellite workspaces o Downtown Preservation District o Leverage the best of Walkable Downtown o Promoting small business expansion along Highway 99 and International Dist. o Support the arts across different districts • Working Together/How to Engage with EDC o Meet regularly with your appointed Commissioner o Contact Vivian Olson (Council liaison to EDC) o Contact Nicole Hughes (Chair) or Kevin Harris (Vice Chair) o Contact Patrick Doherty o Visit us at a monthly EDC meeting as our guest — 3' Wednesday of each month at 6:00 p.m. Public comments are welcome and agenda items can be created to explore specific ideas Chair Hughes welcomed the Council's input on the list of ideas as well as other ideas. Councilmember Buckshnis said she liked how Vice Chair Harris addressed the elephant in room, parking. Parking has been an issue for a long time; there have been parking committees off and on in the past. She asked if a downtown preservation district was the same as a historic district. She supported having parking looked at especially in conjunction with the streateries and Walkable Edmonds because many people are opposed to Walkable Edmonds. Although some people think we are moving into an era where no one needs to park and we will be riding bikes or taking the shuttle, sooner or later the issue of parking will need to be addressed especially with increasing ferry traffic and increasing tourism with the Creative District. Councilmember Olson thanked all the members of the EDC, commenting they are an amazing group of people and the community is lucky to have them serving. With regard to the list of ideas, the items that affect business districts and business owners need to be considered first and foremost. With regard to prioritization, she was excited about developing all the neighborhood business districts. Each one already has an identity of sorts, in almost all cases it could be bolstered and made more of a thing to make it more of an attraction and something the neighbors would take pride and excitement in claiming it as their own as well as cross marketing between districts. She was surprised to hear someone at the Ranch Market say they had never been to the downtown or waterfront area. That raised her awareness that that may be true of all neighborhood districts, that there are places people go and they do not know what other areas of the City have to offer. Cross branding between the districts would be a real opportunity. Councilmember K. Johnson commented she hadn't realized it had been two years since the EDC made a presentation to the Council. She recalled about a decade ago when she was on the EDC for a number of years, one of the things they looked at was form based code at Five Corners. It was implemented for Westgate, but Five Corners was put on hold. That project was initiated by the EDC under former Edmonds City Council Draft Minutes September 28, 2021 Page 3 Packet Pg. 18 7.2.a Community Development Director Stephen Clifton and Planning Manager Rob Chave in conjunction with the University of Washington. She suggested more work be done on that. Echoing Councilmember Buckshnis' comment, she wished the EDC had been asked or been more involved in evaluating Walkable Main Street and the streateries. It may be appropriate to look back on the successes and failures, the impact on different business types, etc. and it would be a great way to engage with local businesses on lessons learned. Councilmember K. Johnson said she loved the idea of a downtown preservation district; she is on the Historic Preservation Commission and would to love to talk to anyone interested in that. She was also passionate about parking and the shuttle, recalling at one time there were discussions about a trolley to connect the waterfront with the downtown area. There were also discussions about parking time limits to address ferry riders parking downtown for long periods of time. There has been talk about a ferry reservation system for over a decade; if that ever comes to fruition, it could have a beneficial impact because it would give people time to explore the waterfront, downtown, Five Corners and all of Edmonds. She looked forward to talking to EDC members in the future. She also liked the work being done on the Creative District, noting the EDC could have a lot of important input into that. Mayor Pro Tern Paine expressed appreciation for how well the presentation was put together. She asked that the presenters send the list of nine ideas to the Council so they could provide input on them. She appreciated the effort to provide Council the ability for dialogue and ensure there was enough Council buy -in on projects the EDC wanted to pursue. The Council will get back to the EDC after they review the ideas and possibly provide additional ideas. Councilmember Fraley-Monillas asked how often commissioners are expected to contact the Mayor or Councilmember that appointed them. Chair Hughes said there is not a specific expectation, it is left up to the commissioners although they are encourage to do it on a regular interval, at least once a year, twice a year, or quarterly. VC Harris said Councilmember may have different expectations about how often they want to be updated. With regard to people living in east Edmonds not going downtown or to the waterfront, Councilmember Fraley-Monillas said with traffic, it takes 15-20 minutes to drive downtown and going downtown is not a priority for probably 50% of the people living on Highway 99 who can reach Lynnwood or Shoreline in 10 minutes. Connections to downtown, the Creative District, etc. are not priorities for people living in east Edmonds because they do not go down there very often due to the distance. Council President Pro Tem L. Johnson commented she supported a lot of the ideas on the list and she will get back to the commission with her input in the future. 5. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE AGENDA TO ADD AGENDA ITEM 12, EXECUTIVE SESSION IN ACCORDANCE WITH RCW 42.30.110(1)(F) TO RECEIVE AND EVALUATE COMPLAINTS AND CHARGES BROUGHT AGAINST A PUBLIC OFFICER OR EMPLOYEE. Councilmember Distelhorst asked if the City Attorney had been consulted to ensure this meet the legal threshold. Councilmember Olson answered it had been. City Attorney Jeff Taraday said he was provided a copy of the complaint and it was sufficient for Open Public Meeting Act (OPMA) purposes. Edmonds City Council Draft Minutes September 28, 2021 Page 4 Packet Pg. 19 7.2.a UPON ROLL CALL, AMENDMENT CARRIED (4-3), COUNCILMEMBERS K. JOHNSON, DISTELHORST, BUCKSHNIS, AND OLSON VOTING YES; AND COUNCILMEMBER FRALEY-MONILLAS, COUNCIL PRESIDENT PRO TEM L. JOHNSON, AND MAYOR PRO TEM PAINE VOTING NO. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Pro Tern Paine invited participants and described the procedures for audience comments. She noted there is a continued public hearing later on the agenda; this agenda item is for comments not related to the public hearing. Linda Ferkingstad, Edmonds, commented on the Edmonds tree ordinance passed earlier this year. They love trees; they purchased a steep 1.2 acre property filled with trees and would like to build three homes amongst them but doing so requires removal of some trees. The City has taken their property rights and the value of their trees, forcing them to buy each tree back for $3300-$12,000 before allowing a permit to divide the property, pay for tree and root removal and build homes that fund the City's tax base. She recalled hearing a Councilmember say that trees should be saved at all costs; it isn't at all costs, it hasn't cost the City a thing. The City has only target them and other families who seek to divide property to build much needed homes in single family zoned residential areas. This Council discriminates against hardworking people who assume the risk to fulfill the community's housing needs and have lowered property values by the assumed worth of the trees. Not only is the Council extorting over $100,000 for their trees, but have delayed their application by yet another year with the application moratorium and changing permit goalposts which make it difficult for their engineers, arborists and architects to keep up. This is precious time taken from them to live closer to assist her sweet 86-year old parents who were 81- years old when this process began. Ms. Ferkingstad continued, the City is listed as fully participating in the Washington Growth Management Act. This Council has violated the following GMA initiatives in the past year, 1) encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner, 2) reduce sprawl, 3) applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability, and 4) 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. The term taking comes from the final clause of the 5' amendment to the Constitution of the United States. Washington State has a similar clause in section 16 of Article 1 of the state constitution as does Edmonds' Comprehensive Plan. It is based on the premise that when government action reduces the value of property, the governmental entity that has taken that action, whether by ordinance, zoning, regulation, legislation or any other regulatory action, must pay the property owner compensation for the reduced value of the property. She urged the Council to abide by the laws of the country, state and city as the rest of the community has to. She asked the Council to give them back their trees and make this right before Edmonds taxpayers have to pay and compensate for these illegal actions in a court of law. She urged the Council to please listen and help them. Cynthia Gutierrez Sjoblom, Edmonds, said constituents are requesting Council return to Chambers; they approve of a hybrid version for those who feel more comfortable saying at home with cameras on. It was her understanding that the number of COVID hospitalizations were down and in general the numbers were dropping. On behalf of Edmonds citizens, she requested volunteers from the community be allowed on the task force; some people are uncomfortable with how the task force was initiated. She understood allowing citizens on the task force was rejected by Shannon Burley, an employee who should not be deciding on this very important matter, but instead handled by the Council. She referred to her email regarding a complaint process used by the Snohomish County Council; the City does not need to reinvent Edmonds City Council Draft Minutes September 28, 2021 Page 5 Packet Pg. 20 7.2.a the wheel and must have a process for filing formal complaints for Code of Conduct violations. There is no point having a Code of Conduct if it is not enforced and since this matters to constituents, it should matter to Councilmembers. Otherwise people will resort to the hate and bias portal. She recommended creating a baseline for standards for those receiving housing services from the City; services should be reserved for people who are drug and alcohol free. She did not support eliminating car lanes for bike lanes, anticipating there would be a lot of bike accidents due to people unaccustomed to seeing bikes on 9' and Edmonds Way. She thanked Councilmember Buckshnis for helping hold the line there. Natalie Seitz, Edmonds, spoke regarding park inequity and asked the City to consider Civic Center and other parks appropriately and accurately within the PROS Plan update. City code identifies that community parks are designated to provide opportunities for the immediate community with a maximum service range of 1-2 miles, likely less in the case of Civic Center due to the lack of parking. She objected to the insinuation that this park serves the entire city; doing so only seeks to obscure the lack of resources provided to east Edmonds communities and that public event spaces are only provided for the benefit of downtown businesses. With regard to electrical vehicle standards, she shared comments she previously provided to the Planning Board. She hoped the City would not create exceptions for businesses and development to pay for upgrades to the electric system in conjunction with electric vehicle standards. Perhaps unsurprisingly, the SR-99 corridor has underdeveloped electric infrastructure to accommodate the City's proposed electrical vehicle standards, an area the City has targeted for low income development. Highway 99 is an area of concern for utility upgrades because it is a 7 of 10 for environmental health disparities, 9 of 10 for environmental exposures and 7 of 10 for socio and economic factors based on the Washington Health Disparities Mapping. Nine of 10 means that only 10% of communities in Washington have more environmental exposures than this area. The environmental exposures in the SR-99 corridor are primarily due to vehicle emissions. Ms. Seitz continued, it is more important that electric vehicle investments happens in the SR-99 corridor than any other area of the City for purely public health reasons. The City's desire to site low income development here in conjunction with the exemptions will delay this investment, prolong negative exposures and result in a lower building standard for this area than the rest of the City. There is an agreement that this type of development follows growth but she did not understand how investment in electrical infrastructure would happen when exemptions are written into the code and there are no plans for the utility to upgrade the system in this area. Although Highway 99 is not mentioned, the existing conditions and lack of infrastructure and the City's desire for low income development will mean exemption will impact this area. She acknowledged having no exemptions will delay development which is why she suggested the City should seek partnerships so the fundamental electric system upgrades will occur. The City should have planted trees along the corridor long ago to help address pollution; this is another fundamental way the City can address public health needs of this area of the City. Carolyn Strong, Edmonds, relayed she recently made a report to the hate portal and recommended the City "step up the game on this site" because she never received confirmation of her submission or heard anything back from the City. To ensure her report of hate, bias, threatening and deliberate aggression toward her were on public records, she repeated her report to the hate portal and expected it to be investigated by the City for hate actions that do not arise to the level of crimes. She requested the names mentioned be a permanent part of the government list. She provided her report, "During public comments on 9/7/21, Councilmember Adrienne Fraley-Monillas flashed a loser sign at me while making comments to the Mayor and Council. She proceeded to also call my comments hate speech which is untrue and hateful in itself. She called me out by name twice, referred to my comments as hate speech and falsely claimed my comments said she was drunk. This is hateful and degrading behavior. It is threatening to me, my safety and my reputation. It slandered me and showed bias against me for speaking truth at a public meeting, also violating the Code of Conduct of the Council. City electeds that show this kind of hate and bias toward a constituent carries heavier weight than that coming from other citizens. She did this on Edmonds City Council Draft Minutes September 28, 2021 Page 6 Packet Pg. 21 7.2.a public record and can be witnessed by everyone who chooses to watch it. This hateful, threatening and bias behavior should be addressed by the City. Adrienne further accused me of making up stories in a reply to a letter to the editor on 9/13/21 in My Edmonds News slandering me. This was done as she spoke for the entire Council, signing it as such. That puts this slander on public record. I am also now reporting bias, slander and hate coming towards me, a citizen, from the entire City Council she is supposed to represent. If these reports need to be separated into two reports in this portal, please advise and I will resubmit. I await your investigation into this. Thank you." Ms. Strong asked to be informed how this investigation is proceeding because she has not heard anything from the City. She hoped the Council votes to meet in person again at future meetings. Kirsten Paust, Edmonds, said they have lived in the Bowdoin corridor for a year and also own a home on Main Street. She urged the Council to give strong consideration to the parking situation associated with Yost for the residents who live on Bowdoin. Having lived on both Main Street and Bowdoin, they are very different neighborhoods and have different home styles. On Bowdoin, many houses do not have garages and rely on street parking. Events at Yost Pool or at the park seriously limited parking in the area, also putting constraints on parking for homeowners. With any bike lane considerations or choices that are made, she urged the Council to find alternate parking arrangements, recalling that an option for additional parking was being considered. Parking would be hugely valuable to residents in the area and would improve usage of Yost Park and the facilities there which are so dear and treasured by the community. She also recommended vehicle travel lanes not be removed in the Westgate/Edmonds Way area for bike lanes. Real improvements have been made in the speed and safety of vehicle and transit which she wanted to retain. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 7. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF AUGUST 4, 2021 2. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 17, 2021 3. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 20, 2021 4. APPROVAL OF COUNCIL MEETING MINUTES OF SEPTEMBER 21, 2021 5. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 6. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM RANDALL J. HODGES PHOTOGRAPHY COUNCIL BUSINESS 1. 2021 SEPTEMBER BUDGET AMENDMENT Finance Director Dave Turley reviewed • There are 5 requests tonight, detailed decision packages begin on packet page 137 • If approved, budget amendment would increase forecast revenues by $85,528 and increase budgeted expenditures by $181,457 Edmonds City Council Draft Minutes September 28, 2021 Page 7 Packet Pg. 22 7.2.a Budget Amendments o Unfreeze salary and benefits for new Deputy Director of Administrative Services position o Request budget authority to transfer the remaining year-end balance out of the Firemen's Pension Fund into the General Fund. The purpose of the Firemen's Pension Fund was to pay insurance and healthcare benefits for firefighters employed by the City who were employed before 1970. Four people remain in this plan. A statewide play was implemented in 1970 to cover retirees. The City receives approximately 1/3 of the required amount from a state fire insurance premium tax. The state auditor determined this is no longer considered fiduciary money and should be account for in the General Fund. o This budget amendment is to request the budget authority to transfer the remaining year-end balance out of the Memorial Street Tree Fund. This fund has been dormant for several years and we would like to move the remaining balance into the recently created Tree Fund so that these funds can be utilized by the City. o Add the City's new Urban Forest Planner salary and wages to the 2021 budget. This position was approved on June 22, 2021. o Request budget authority to transfer $25,000 from the General Fund into the Risk Management Fund to pay small settlements Councilmember Buckshnis recalled during the presentation to the Finance Committee there was an amendment related to the bond receivable that was not included in this amendment. Mr. Turley explained it was presented to the Finance Committee two weeks ago as the intent was to have it approved before the budget book was prepared. The amendments did not fit on last week's agenda and because the budget book has already been printed, there is no advantage to making that budget amendment at this time. It was included in the budget book as an estimate. Councilmember Buckshnis referred to transferring $25,000 into the Risk Management Reserve Fund, recalling the Finance Committee recommended policies and procedures be established for making payments, replenishing the fund, etc. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO APPROVE ORDINANCE NO. 4234, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4230 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. With regard to the Memorial Tree Fund, Mayor Pro Tern Paine asked if there were any contingencies or stipulations related to the ordinance authorizing the collection of those funds. Mr. Turley said he looked up the fund today; there were two purposes, donations for a specific memorial tree, and donations to benefit the urban forest and trees in general. The second purpose fulfills the purpose of the new fund. Mayor Pro Tem Paine expressed support for the budget amendment. MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING FOR STORMWATER MANAGEMENT CODE (ECDC 18.30) UPDATE Public Works Director Phil Williams introduced Stormwater Engineer Zack Richardson and City Engineer Rob English. He explained this information was first presented to Council in July; a public hearing was held last week and continued to this week. He reviewed: • What's Changing? Edmonds City Council Draft Minutes September 28, 2021 Page 8 Packet Pg. 23 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 (agenda packet) ■ Direction from Ecology (Orange) = Ecology prescribed/required ■ Direction from Staff (White) = City -proposed clarification, reorganization, or update without substantial change/impact ■ Direction from Staff (Green) = Staff -proposed change with potential impacts o 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: Revision proposed to require new connections of existing hard surfaces to be treated like new hard surfaces requiring full drainage mitigation. ■ 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 Rationale: 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: Affects a very small number of applicants. For the handful that would be impacted, this could potentially be the most -costly change proposed this year. Full drainage design and BMP implementation for these size projects can cost between $6,000 to $20,000. However, the impacts of allowing every pre -drainage code residence or business to connect to our system could result in a continuation of the negative impacts from historic unmitigated development and detrimental to our ability to manage the capacity of our systems. • 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 45) and flow control (MR #7) o New: City proposes revisions to remove all exemptions for the Edmonds Way basin, resulting in equal application of drainage code requirements to the Edmonds Way basin. o Rationale: 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 change removes a discount which previously existed in one specific basin within Edmonds and brings projects within Edmonds Way to be equal in cost to other projects through in the City. The additional cost is generally limited to increases in volume for already proposed BMPs, as compared to the full cost of drainage design and BMP implementation. Larger projects which trigger full flow control (MR 47) will have the most significant cost increases. Small SFR projects can expect between $500 and $2000 cost increase, but larger (15,000 SF) commercial/multifamily projects could see increases of $20,000 to $50,000. 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: City proposed 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) Edmonds City Council Draft Minutes September 28, 2021 Page 9 Packet Pg. 24 o Rationale: The Perrinville basin has been greatly affected by past development and needs enhanced 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.. o Potential Impacts: Both changes result in additional cost that is generally limited to increases in volume for already proposed BMPs, as compared to the full cost of drainage design and BMP implementation. The flow control component will only impact larger projects with minimal impacts on large project budgets; estimated to add between $12,000 and $16,000 for a larger (15,000 SF) commercial development. The retrofit requirement has the potential to impact homeowners who are expanding existing homes, but minimally; estimated to add $400 to $600 for a SFR project which keeps most of the existing home (2,500 SF). 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 proposed revisions to elevate the Edmonds -specific detention BMP to be considered before a perforated pipe connection. o Rationale: Perforated pipe connections are only used when infiltration has been found infeasible for very specific reasons, and when broad infiltration is infeasible, perforated pipes usually will not work very well either and they may well get proposed in undesirable locations where instability and failure could result. Our modeling comparisons have shown detention to provide significantly better outcomes. o Potential Impacts: Neary all projects within Edmonds over 2,000 SF of impervious would have to provide stormwater detention, at a minimum. Additional cost is generally limited to increases in volume for already proposed BMPs, as compared to the full cost of drainage design and BMP implementation. Detention systems, as compared to a perforated pipe system, may add between $500 and $4,000 for a larger SFR project (5,500 SF). Mr. Williams asked Mr. Richardson to explain how Change #4 would improve stormwater impacts. Mr. Richardson explained perforated pipe connections is the lowest BMP on the list and it is generally used in a place where it has already been decided that regular infiltration is not a good idea and has been ruled out, often due to a safety concern. A perforated pipe connection creates a gap that sometimes results in a system that proposes infiltration where it was not desirable. In addition, the uniform size means the amount of mitigation provided in an area that is already known not to infiltrate well is very minimal. Much better protection is provided with detention tank standards. Mr. Williams said in addition to the above changes, the remaining changes are reorganizational changes by Ecology or clarification of standards. He continued his review: • What Comes Next? o SEPA review underway (-60-days) o Department of Commerce review underway (60-days) ■ additional changes can be made based on public comment and/or Council review and submitted to Department of Commerce for review o This public hearing ■ Held now to avoid conflicts with budgeting process o Brought back for formal approval pending Commerce & SEPA approval. o Questions/concerns: Zachary.Richardson@edmondswa.gov Mr. Williams clarified staff was not seeking approval tonight but rather input on changes to the current version of the draft code. Those changes can be incorporated and sent to the Department of Commerce for review and later this year or early next year, the changes to the code can be adopted. Edmonds City Council Draft Minutes September 28, 2021 Page 10 Packet Pg. 25 7.2.a Mr. Williams apologized for confusing some residents as was evident by the number of emails that were received. The changes to the code will have these effects, 1) bring the City into compliance with Ecology requirements, and 2) the more substantive impacts staff is recommending would improve the stormwater code and speed the transition to lower impact from stormwater to natural resources from development projects. A lot of people think this is a once in a lifetime change to the stormwater code; that is not the case, the City can make changes to the stormwater code following this same process anytime the Council wishes so this does not have to be the end -all -be-all or result in a perfect code. This hearing is about these changes but further changes can be discussed in the future such as considering how to incorporate the Salmon Safe recommendations into the code when those are available. Councilmember K. Johnson recalled Salmon Safe funding was approved in the budget ten months ago and asked when the contract was signed. Mr. Williams said he was not sure there was a contract yet. Mr. Richardson said the Parks Department is handling that. Mr. Williams relayed it was a decision package in the 2022 budget. Councilmember K. Johnson recalled it was approved via a decision package last year. Mr. Williams said he was uncertain about the funding but work not begun and is scheduled to be completed in 2022. Councilmember K. Johnson requested a more definitive answer be provided after tonight's meeting. Councilmember K. Johnson said many of the problems with Perrinville Creek, which have been known for 20 years, are due to upstream runoff. Therefore, it would be advantageous to have an interlocal agreement (ILA) or common understanding between Edmonds and Lynnwood regarding Perrinville Creek. Mr. Williams agreed. Councilmember K. Johnson noted the requirement to update the stormwater code is 10 months out and rather than repeating this process, she suggested working on an ILA and understanding with Lynnwood before this is due so there would be stronger development regulations for the upstream area. Mr. Williams commented Edmonds is also part of the upstream area although not as many acres as Lynnwood, but a lot of the acreage in Lynnwood is in the park and the developed areas are similar. He agreed Lynnwood was a significant player in the basin. Once Edmonds' code is adopted with these changes, the intent would be to approach Lynnwood and suggest they entertain including the same requirements in their development code. Councilmember K. Johnson suggested starting that process earlier rather than later. Mr. Williams agreed, but that does not need to stop approving these changes in Edmonds code. These changes can have immediate impact in Edmonds and provide a product that can be presented to Lynnwood for their consideration. Councilmember K. Johnson recognized it was a balancing act, there is a desire to have these changes apply to Edmonds as soon as possible, but the process would need to be reinitiated to incorporate the results of the Salmon Safe evaluation. Mr. Williams said it could be that the Lynnwood issues would be ripe at the same time as the Salmon Safe changes and could be handled in a combined process, but they also occur at different times. The process of holding a public hearing and making changes to the code can occur any time it is justified. He preferred to adopt the changes now, reach out to Lynnwood for a more formal review on their part, and when the Salmon Safe output is available, evaluate it and decide what changes need to be made. Council President Pro Tern L. Johnson clarified if the Council approved the changes sooner rather than later, any application submitted would have to meet these updated requirements. Mr. Williams answered yes. Mr. Richardson said the proposal was for the changes to begin on January 1; if it was delayed until the NPDES deadline, that wouldn't happen until July. Council President Pro Tern L. Johnson said approving this now, whether or not it is perfect or there are additional things that could be added, means the additional protections are in place for any applications that are received and that happens six months sooner. Mr. Williams agreed. Edmonds City Council Draft Minutes September 28, 2021 Page 11 Packet Pg. 26 Councilmember Buckshnis said a number of emails and public comments have been received. She asked why the SEPA was not provided in as part of the packet. Mr. Richardson answered the SEPA process is a separate process and is not part of the public hearing. There is a link on the City's website. Councilmember Buckshnis referred to an email from Lora Petso regarding an anti -degradation policy in WAC 173-200 that the Edmonds code does not address. Mr. Williams said he read that carefully and disagreed with the analysis at first blush, although he had not had an opportunity to discuss it with the City Attorney. He agreed there was an anti -degradation policy at the state level; Ms. Petso works with the Olympic View Water and Sewer District (OVWSD) Board who have strong feelings about infiltration and direct underground injection of stormwater based on some experience in the past couple years and OVWSD has fought that issue with the state. The state sets UIC rules, not the City of Edmonds; and although the project involved in that debate was in Edmonds, it was up to the state to regulate. This code does not have anything to do with that. Mr. Williams asked Mr. Richardson to comment on Ms. Petso's email on packet page 384 and the injection of the word "hard" into the sentence. Mr. Richardson said he only skimmed the emails as he just returned from vacation two hours ago. That battle is bigger than the City; Ms. Petso is hinting at something occurring at the state level. Ecology was challenged on almost exactly that same wording and the water and sewer districts are reaching a settlement with Ecology. Their issue with hard surfaces was Ecology's addition of hard surfaces to a statement. There are thresholds for non -hard surfaces, pollution generating pervious surfaces, as well. There are few places where that occurs, primarily schools and parks and fertilization of lawns. There are other thresholds for that and mechanisms for requiring treatment of pervious areas that are considered pollution generating and there is a definition and requirements for pollution generating pervious surfaces. Ecology manages the UICs and this update provides new guidance regarding deep injection which are the issues of concern. Councilmember Buckshnis said she had concerns with this code in its current state and it was her understanding it had already been submitted to the Department of Commerce and Ecology for approval. Mr. Williams clarified Ecology reviews the code but does not approve it; only the Department of Commerce approves it. Councilmember Buckshnis asked if the Council would ever see the SEPA. Mr. Williams noted it was only a checklist. Mr. Richardson said a SEPA checklist was prepared and the SEPA DNS (Determination of Non -Significance) could be included as an attachment when the code comes back to Council for final adoption; staff expects a DNS. Councilmember Buckshnis referred to Ms. Petso's email which opined it was not a DNS. Councilmember Buckshnis recalled what happened with the tree code and wanted to get the stormwater code right due to is importance. Mr. Richardson suggested contacting Kernen Lien with SEPA specific questions. Councilmember Buckshnis requested staff provide Council the SEPA checklist. She questioned whether there would be a DNS, noting she understood Ms. Petso's logic. Mayor Pro Tem Paine opened the public participation portion of the continued public hearing. Janelle Cass, Edmonds, relayed her understanding of the amount of work that has gone into updating the stormwater plan and she was grateful for Councilmembers Distelhorst and Buckshnis raising the issue that SEPA needs to be accomplished prior to making a final decision. Because SEPA is meant for decision -makers and public involvement, she felt the public hearing put the cart before the horse. The SEPA checklist and DNS was dated September 22', a day after the public hearing, and the public has until October 6t1i to submit comments on the SEPA checklist. She suggested delaying approval to ensure the process was cleaner and less confusing for the public. Cynthia Sjoblom, Edmonds, requested all public comments submitted in writing for the public hearing be read aloud and to ensure the Council is following all laws as they consider this code update. She hoped Edmonds City Council Draft Minutes September 28, 2021 Page 12 Packet Pg. 27 7.2.a the hearing would not conclude without having read several comments that were submitted. Reading the written comments would give listeners additional advice and information and it was her understanding that that was supposed to be part of standard practice during Council meetings. John Lyons, Edmonds, President, Shellabarger Creek Homeowners Association, said his comments relate to Shellabarger Creek which runs through a section of their property. Like Perrinville Creek, flooding of this section of Shellabarger Creek has gotten considerably worse in the last four years he has lived there. He referred to an email he sent to the Council, Mayor and Public Works Director last week and appreciated receiving responses from three Councilmembers and the Public Works Director. He asked that that email be made part of the record of this meeting. He explained whenever there is rain for any significant time, debris carried by stormwater rushing down Shellabarger Creek from the hillside above blocks the entrance to a culvert that runs under 5t' Avenue. The creek turns into a lake that rises steadily, threatening to flood their building and eventually 5t' Avenue South along with anything in its path west of 5t' Avenue including Ace Hardware and the Pancake House. The Public Works team, who have been very responsive, have a very difficult time clearing the debris, falling into the flood water at the culvert entrance. It is clear based on the depth of the water and the position of the grate well below the street that at some point it will be impossible for someone with a rake to clear the debris. It is a matter of time before a major flood event occurs. He requested, 1) rather than individual residents, condo owners or businesses trying to address this problem, the City take ownership, 2) the City be proactive in addressing the problem before the damage in Perrinville Creek occurs which could include 51' Avenue, utilities under 5t' Avenue, other buildings, businesses and condos, and 3) the City develop a comprehensive plan to analyze and fix the problem. Joe Scordino, Edmonds, expressed concern that the Council had not received sufficient information on the severity of stormwater issues in Edmonds. There are problems in all the creeks, in many residences that are flooded in various parts of Edmonds. Although this is an update to the stormwater code pertaining to new development, he did not see how the Council could comment on the sufficiency of that without knowing what's being done to address all the current problems from past development. He assumed the SEPA analysis would address some of this, but the SEPA document was not even presented to the Council as part of this decision package. State law requires cities prepare SEPA documents as part of the decision process. The Council is making a decision and it is totally inappropriate for staff to say it is a separate process; it should be part of the process so the Council has all the information. An environmental assessment must be done. He was troubled by the fact that a scope of work was prepared over a year ago for the Salmon Safe certification analysis and now a year later the contract hasn't been issued. He wondered if that was an intentional delay so the stormwater code amendment could be done without addressing some of the real issues. Mr. Scordino thought staff would have latched onto the Salmon Safe certification analysis, an independent expert review that could be used to update the code. Instead staff is putting that off to the future, the same response residents always hear, yet problems continue. He was frustrated because this stormwater issue, as he mentioned to Mr. Williams some time ago, was clearly defined in 1998 in a report to the City on the severity of what was happening on Perrinville Creek and would result in flooding of lower residences. No one can say that wasn't predicted; it was predicted 20 years ago. He was also troubled that nothing has been said about the Perrinville restoration plan which should also be taken into account in the stormwater code update. The Mayor promised that in March but nothing has been seen. The public feels they are being kept in the dark about what is happening related to stormwater issues which is not right. The Council needs to hear this information before they give a green light. Marjie Fields, Edmonds, thanked the Council for continuing the public hearing on the stormwater code, as it is an extremely serious issue for Edmonds and needs careful attention. She echoed Mr. Scordino's comments. Perrinville Creek is just one very visible example of the City's stormwater problems. Citizens Edmonds City Council Draft Minutes September 28, 2021 Page 13 Packet Pg. 28 7.2.a deserve to know how the tragic destruction of Perrinville Creek will be dealt with and those with flooded home and yards especially deserve answers. Emergency flood control such as dumping truckloads of dirt at the mouth of a former salmon -bearing stream cannot continue. The City must look at the big picture, the entire watershed and the cause of flooding. Prevention is always the most effective treatment. For instance, how can City policies on tree removal mitigate stormwater runoff damage. Preventative measures must be a major part of the stormwater code. To the comment that Edmonds does not have control over the stormwater because Lynnwood is part of the problem, she was glad to hear staff was planning negotiations with Lynnwood and agreed that needed to be part of the plan. Not as visible as flooding is the content of stormwater that runs through streams into Puget Sound. Lora Petso has pointed out possible violations of pollution control laws in this stormwater proposal; this is a major concern and must be addressed. Edmonds needs a clear plan to reduce toxins and other chemicals in stormwater. These are all big issues and need to be part of the stormwater plan. Edmonds citizens are counting on City government and staff to improve practices. Dave Barnes, General Manager, Olympic View Water & Sewer District, relayed the District's objection to the issuance of a Determination of Non -Significance as part of the SEPA process regarding the City's update to the stormwater management code as they were not part of the distribution list. OVWSD reserves the right to further supplement its comments related to the DNS issued by the City. Hearing no further public comment, Mayor Pro Tem Paine closed the public hearing. She advised no Council action was required tonight. Mr. Williams said staff was interested in Council input. Councilmember Buckshnis said she did not have enough information and did not want to pass the code simply to pass it. She wanted to have the SEPA information, to include OVWSD in the DNS and was interested in what Ms. Petso had to say. She agreed public comments should be read into the record. Sufficient information has been received from scientists and people who know more than she does and she would like to get answers for them. She referred to the project thresholds which state within the Perrinville basin, the retrofit value shall increase from 25% to 50%. She asked why 50% was selected versus 40%, 60%, 70% or 100%. Mr. Williams said staff s recommendation was to double the rate at which existing hard surfaces are incorporated into BMPs for stormwater; it could be higher or lower. Councilmember Buckshnis relayed a question from a resident regarding whether Perrinville homeowners will be expected to pay for some of the repairs/restoration. Mr. Williams agreed that phraseology created some confusion. Changes are proposed in the rate at which existing hard surfaces are required to do full mitigation in the Perrinville basis and that will cost money on development projects in the Perrinville basin, more than in other parts of the City. The Perrinville basin is a unique circumstance, a critical area, and the intent is for people in the Perrinville basin, whether in Lynnwood or Edmonds, to recognize that it that more would be done there than in other places. It was not intended to punish anyone financially in the Perrinville basin but get a more rapid transition to BMPs on new development. Councilmember Buckshnis referred to public comments about Shellabarger Creek, noting Shell Creek flooded last year. Mr. Williams said these changes will improve conditions and the management of stormwater in Shellabarger and Shell Creek and other areas of Edmonds. To those who are complaining about flooding, these changes help to address that and more changes could be entertained over time. These are not a step backward, the changes are not intended to provide actual solutions or capital projects in Shell or Shellabarger Creek or any of the basins, they are simply changing the rules for development so that the upper parts of the basins where the stormwater is generated will get less over time. It is not the end -all -be-all of stormwater regulations that will solve all the City's flooding problems. He recognized residents are frustrated by flooding; staff is too. Not all the stormwater problems are the result of development but development can be part of the answer. Stormwater problems are also caused by Edmonds City Council Draft Minutes September 28, 2021 Page 14 Packet Pg. 29 7.2.a changing storm patterns and additional flows that increase velocity and erosion which increases sediment that fills in areas that otherwise could hold more water. Mr. Richardson advised the Stormwater Comprehensive Plan update will also begin this year which will provide some of the information that the public is expecting. Councilmember Buckshnis did not disagree that an improved stormwater code was needed but she wanted to ensure it was pragmatically addressed. No one likes flooding. It is helpful to have good information and consistent packets. If it was accurate that SEPA had already closed, Mayor Pro Tern Paine asked if it was possible to reopen it for additional comments. Mr. Richardson said he would defer those comment to Kernen Lien. The 60 day comment period is still open. It is very typical for code updates to have parallel processes, one with Council and the other with SEPA. He apologized for not including the SEPA checklist in the packet. City Attorney Jeff Taraday explained SEPA is intended to inform decision makers, the Council in this case. The Council is not making a decision tonight and will have that information before voting on an ordinance. For future reference, it is true SEPA encourages that information be circulated and provided at the earliest possible stage in the process so there isn't too much momentum behind a decision before the environmental consequences of that decision are known. In this case, there is a DNS so at least in the City's opinion there are no significant environment impacts associated with the proposal. It is always important to get information out early, and particularly important in an EIS situation. Mr. Williams said these changes actually have a positive environmental impact which is why the DNS is justified. Some may wish the changes were more aggressive or had more impact and they could be modified to do that. Mayor Pro Tern Paine said in reading the code, the proposed changes are more protective. She took constructive notice that there are seven stream basins through Edmonds that run through downtown, Perrinville, Lake Ballinger and McAleer Creek, areas that are more highly impacted due to the climate crisis. She was grateful the City will be updating its Stormwater Comprehensive Plan. She requested trees be treated as essential stormwater infrastructure because in a rain event, a large conifer can soak up 500 gallons of water. She understood from an engineer's point of view a tree is not permanent but everything helps. Mr. Williams said that sounds complicated; he has not seen a model for that but staff will immediately begin searching for one. He wondered if that could be a good part of the Salmon Safe certification. Mayor Pro Tern Paine recalled one of the Council's regular commenters suggested looking at the King County stormwater modeling. Mayor Pro Tern Paine declared a brief recess. 3. HIGHWAY 99 GATEWAY SIGNS In light of the time and the amount of discussion Councilmember K. Johnson said 45 minutes would not be enough time for this item and she preferred to delay it to a future meeting. Mayor Pro Tern Paine preferred to continue with this item as there were consultants present. COUNCILMEMBER K. JOHNSON MOVED TO CONTINUE THIS ITEM TO A FUTURE DATE WHEN IT CAN BE GIVEN PROPER ATTENTION. MOTION DIED FOR LACK OF A SECOND. Councilmember Fraley-Monillas said this is an important piece of moving forward with the redevelopment of Highway 99 and she did not want it repeatedly pushed off for other agenda items. Edmonds City Council Draft Minutes September 28, 2021 Page 15 Packet Pg. 30 Public Works Director introduced Transportation Engineer Bertrand Hauss City Engineer Rob English and the project team Jim Howard and Rachel Dotson, HBB. Mr. Hauss explained this is a follow-up to the August 24' presentation to Council on the Edmonds Highway 99 Gateway sign options for the north and south ends of the corridor. The public was surveyed in August and approximately 50 people responded. There was also a community workshop and a task force meeting. At the August 24' meeting, the Council requested more public input and survey responses. A second press release was done in late August as well as posted on the City's Facebook site requesting additional feedback. The second round of the survey closed September 15' and there were an additional 330 responses. Ms. Dotson reviewed: Project Location o North gateway location: 212' Street o South gateway: 205' at Edmonds -Shoreline city limits Analysis - South o Location: Lawn area within WSDOT limited access in front of Campbell Nelson o Survey Feedback ■ Which south Gateway sign type do you prefer? ■ South Sign A: Vertical - 47% preferred (was 40%) ■ South Sign B: Horizonal - 52% preferred (was 60%) ■ Examples of vertical and horizontal configurations Analysis - North o Location: Back of sidewalk in front of Magic Toyota and smaller sign in median between 208' and 212' Streets o Survey Feedback ■ Which north Gateway sign type do you prefer? ■ North Sign A (median): Vertical - 25% preferred (was 25%) ■ North Sign B (median + back of sidewalk): Vertical - 32% preferred (was 32%) ■ North Sign C: (back of sidewalk) Vertical - 21 % preferred (was 21 %) ■ North Sign D: (back of sidewalk): Horizontal - 22% preferred (was 22%) Survey Feedback o What should the Gateway signs say? ■ Welcome to Edmonds - 70% preferred (was 63%) ■ Welcome to Uptown Edmonds - 6% preferred (was 7%) ■ Welcome to Edmonds - 2% preferred "kind" or "artistic," "beautiful, "City of," "picturesque," or "evergreen" (was 5%) ■ Other? - 4% preferred Scenic Edmonds," "Welcome" in many languages or "It's an Edmonds Kind of Day" (was 9%) ■ Edmonds - 17% preferred (was 16%) Edmonds City Council Draft Minutes September 28, 2021 Page 16 Packet Pg. 31 7.2.a o What should the letter style be? ■ Edmonds - 38% preferred (was 46%) ■ Edmonds - 62% preferred (was 54%) o North Gateway Character ■ Business ■ Multicultural ■ Commercial ■ Industrial o South Gateway Character ■ Commercial ■ International ■ Welcoming o Gateway Character & Inspiration ■ 55% Natural Elements (was 55%) ■ 34% Modern (was 33%) ■ 32% Sustainability (was 35%) ■ 27% Sculptural Art (was 33%) ■ 26% Light (was 35%) ■ 26% Color (was 31%) ■ 24% Culture (was 33%) ■ 23% Future & Vision (was 31%) ■ 22% Contemporary (was 20%) ■ 18% Traditional (was 14%) ■ 15% History (was 8%) ■ Other suggestions - Welcoming - Integrative to environment, useful in some way, make noise when rained on - Inclusive - Solar powered lighting - Native history - Mountains and Sound - Vibrant o Should the North and South Gateway signs match? ■ 71 % (was 66%) they should match each other ■ 21 % (was 19%) they should each be unique ■ 8% (was 15%) Other o Should the Gateway signs match other signs in Edmonds? ■ 51 % (was 47%) prefer similar elements to other signs but overall should be unique ■ 22% (was 22%) prefer similar to Welcome to Downtown Edmonds sign ■ 22% (was 22%) prefer similar to Edmonds Wayfinding signs ■ 6% (was 9%) Other o Sign Character ■ Traditional Gateway character - 18% (was 14%) ■ Modern Gateway Character - 55% Natural Elements (was 55% - 34% Sustainability (was 33%) - 32% Modern (was 35%) ■ Contemporary Gateway Character Edmonds City Council Draft Minutes September 28, 2021 Page 17 Packet Pg. 32 7.2.a - 27% Sculptural Art (was 33%) - 26% Light (was 35%) - 26% Color (was 31 %) Discussion o South Gateway Alternatives ■ South Sign A - Size and shape: Vertical ■ South Sign B - Size & shape: Hybrid Vertical/Horizontal o North Gateway Alternatives ■ North Sign A (median + architectural element at back of sidewalk) - Size and shape: Vertical with architectural element at back of sidewalk ■ North Sign B (median) - Size & shape: Vertical Councilmember Fraley-Monillas asked if the car dealership on the south end indicated they were more interested in a horizontal sign. Mr. Williams said the survey results were 52% and 48%. Councilmember Fraley-Monillas recalled the car dealership was concerned a vertical sign would block the dealership and was more interested in a horizontal gateway sign. She noted the south sign would affect the car dealership more than just about anything on the highway. Ms. Dotson said the car dealership's representative will be involved in the upcoming stakeholder meeting and a separate meeting will be held with him as well. Ms. Dotson continued her review: • Process o Project timeline ■ Background & Site analysis - May early April 2021 - Task Force Meeting #1 ■ Gateway Visioning - Summer 2021 - Task Force Meeting #2 - Task Force Meeting #3 - City Council Meeting #1 - WSDOT Art Plan Review ■ Concept Alternatives - Autumn 2021 - Task Force Meeting #4 - Community Workshop #2 - Task Force Meeting #5 - City Council Meeting #2 ■ Construction Documentation - Winter 2021 - 90% Construction Documents - WSDOT Art Plan Approval - 95% Construction Documents - 100% Construction Documents ■ Construction - 2022 Ms. Dotson explained the next presentation to Council will include landscaping, actual sign concepts, lighting, daytime and nighttime views, etc. At that point, further feedback from the public will be sought via an online survey. Mr. Howard advised there would be 3-4 options for each of the north and south signs. Councilmember Olson expressed her thanks for all the work that went into the presentation and getting additional feedback, finding it helpful to see what remained consistent and what changed based on Edmonds City Council Draft Minutes September 28, 2021 Page 18 Packet Pg. 33 7.2.a additional input. She was unsure how difficult it would be to reach those areas, but suggested it may be possible to extend the flower basket program as the vertical element. Mayor Pro Tern Paine requested comments stick to the agenda item. Councilmember Olson said she was providing input on the Highway 99 gateway signs. Councilmember Olson continued, suggesting the flower pole could be the vertical element in the hybrid sign if that would be an option to reach it for watering. With regard to the north sign with the architectural element on the side, she wondered how much value that added and at what cost. It may be slightly preferable to just the vertical sign in the middle, but people in the survey were not asked if they would preferred it if there was an additional cost. She did not think the architectural element on the side added much and there would be an additional cost. Councilmember K. Johnson asked if there had been a determination from WSDOT about using median for a vertical element. Mr. Howard answered WSDOT said it would be acceptable. Councilmember K. Johnson asked if consideration had been given to moving the north gateway sign further north where Edmonds began such as in front of the old PUD building where there would not be so much visual distraction with the car dealership. Mr. Howard answered three different north location were evaluated. Given that there was so much competition with the Toyota sign further north, that corner did not lend itself to two signs in such close proximity. Councilmember K. Johnson asked if the old PUD location in Edmonds was considered. Mr. Howard said the PUD building is directly south of the proposed location. Mr. Hauss said the proposed location is on the northern end of the old PUD site. Mr. Williams advised the car dealership and the old PUD site are owned by the same property owner. The proposed location is the furthest north and closest to the city limits. Councilmember K. Johnson thanked the team for opening the survey again which resulted in a tremendous number of additional responses. Councilmember Fraley-Monillas said further north of that location is Lynnwood not Edmonds. This location is far north in Edmonds as it could go. With regard to flower baskets, they are only good for three months of the year and could be considered as redevelopment of Highway 99 occurs, but she was unsure that a location in the middle of Highway 99 would be appropriate. She appreciated the team reopening the survey, commenting she was present when a lot of input was provided at the Edmonds Uptown Market from people who live in the area. That was a great place to do the survey and to talk to people who live in the area. Councilmember Buckshnis asked if the next step was developing designs based on the survey responses. Ms. Dotson explained 3-4 options for each sign location would be developed for the public to vote on. They will work with the steering committee and WSDOT throughout that process. Councilmember Buckshnis said she was really impressed with the number of people who completed the survey. Ms. Dotson clarified there will be one more survey after the design concepts are developed. It was the consensus of Council to authorize development of further conceptual designs. 4. COUNCIL VOTE TO RETURN MEETINGS TO VIRTUAL PLATFORM IN LIEU OF IN - PERSON MEETINGS Councilmember Olson raised a point of clarification, the packet says instead of in -person in Council Chambers, but that is not the option under discussion. Mayor Pro Tern Paine clarified the decision is a hybrid versus strictly virtual. Edmonds City Council Draft Minutes September 28, 2021 Page 19 Packet Pg. 34 7.2.a Councilmember Fraley-Monillas raised a point of order, asking if the Council had voted to return to hybrid meetings versus in -person or Zoom. Mayor Pro Tem Paine said the Council voted to return to virtual only meetings. Councilmember Olson said the Council had previous voted to go to hybrid meetings and then voted to go to virtual. At this point, the decision is whether to remain virtual or return to hybrid. Councilmember Distelhorst said at last week's Alliance for Housing Affordability meeting which includes jurisdictions across the county, another mayor asked whether any Councils were meeting in - person and the answer was negative; all 15 cities represented at that meeting are all continuing to meet virtually based on public health guidance. Councilmember Fraley-Monillas referred to an Associated Press article in today's Herald that states COVID numbers are looking better in Washington. That is a good thing but it does not mean it is good enough for everyone return in -person. The article addressed the number of hospitalizations and the high percentage of critical hospitalizations. The most recent information is 92-93% of COVID-related deaths are people who are unvaccinated. Her biggest problem is the City cannot require people who come into Council Chambers to be vaccinated and cannot asked them their vaccination status because it could be viewed as withholding their ability to participate in government. She was not super comfortable at this point getting together in close quarters without preventative things that are occurring in other locations such as airlines, restaurants, etc. She anticipated restrictions will continue to increase until more people get vaccinated. She anticipated all Councilmembers were vaccinated; she has had three shots. She was uncomfortable not knowing whether people in Chambers had been vaccinated and summarized she was not sure whether it was worth her life. Council President Pro Tem L. Johnson said she researched what surrounding cities are doing; as of last week Shoreline, Lynnwood, Mountlake Terrace, Mukilteo and Everett are all meeting virtually. According to the Health District the numbers have plateaued but there were at the highest so while plateauing is good, it is not out of the weeds. Plateauing does not mean transmission rates are not still at an all-time high, that ERs are not full, or that healthcare professionals are not overburdened. It also doesn't mean that Edmonds overreacted and is an anomaly; all the surrounding cities are meeting virtually right now. She was confident in the decision the Council made a month ago and continuing to meet virtually given the facts of what is going on and decisions that surrounding cities have made, that it is best to continue meeting virtually while waiting for the numbers to not only plateau but drop to a transmission rate that is acceptable for meeting in person. Councilmember Buckshnis commented people are going to Mariner games, football games, going out to dinner, and going out. She supported a hybrid model, and although the City is doing its best, there are citizens who want to be heard who do not like to call in and not be seen, noting a thousand things can be learned from a person's face. She believed citizens should be listened to, pointing out Port Townsend reads all their public comments into record. She was in favor of a hybrid model, commenting Councilmembers can decide whether to attend in person or not. Councilmember K. Johnson recalled when the Council decided to meet virtually, three Councilmembers wanted to stay with a hybrid, Councilmembers Buckshnis, Olson and Fraley-Monillas, and she and three other Councilmembers wanted to go virtual, Councilmember Distelhorst, Council President Pro Tem L. Johnson, Mayor Pro Tem Paine. She recalled the first hybrid meeting where 75 people attended, very few wore masks and there was no social distancing. Her reaction was to the delta variant and her concern that the space was not controlled. After that vote, she heard from many constituents and Councilmembers who convinced her to go back to the hybrid model because anyone who is fearful for their life can attend virtually and anyone who is comfortable attending may do so, both Councilmembers and the public. She Edmonds City Council Draft Minutes September 28, 2021 Page 20 Packet Pg. 35 summarized she now supports a hybrid model, believing it will help the community and provide two options for Councilmembers, continue to attend virtually or attend in person. Mayor Pro Tern Paine said remaining in the virtual world adds layers of protection for the community. Councilmember and staff ensure productive meetings are held in the virtual environment. No other governmental agencies are meeting in person; this is not an overreaction but an effort to continue to meet in a safe manner. There is still a high level of occupancy in the area ICUs, it is a terrible disease and she would hate for anyone to be impacted by it. Councilmember Olson said the Council knows how to gather safety and should do that using the air filtration systems the City has invested in, wearing masks, providing and encouraging the use of hand sanitizer, and spacing out seats in Council Chambers. If businesses and schools are open, it seems counterintuitive that the government, fully funded by taxpayers, would not be open. As a taxpayer, she was not comforted by the fact that no other governments were open, that is inappropriate and she considered Council meetings to be an essential service. She reiterated the Council knew how to gather safely. Councilmember Fraley-Monillas said she was glad to hear that some are feeling safe meeting in person. She was concerned about having staff present in the room. Without knowing the public's vaccination status, that is a very dangerous situation to put staff in which is why most cities are not meeting. She understood constituents' comments, but if the Council returned to live meetings it should be required that all Councilmembers are present, not some present and some not. As was pointed out to her lately, if someone was sick they should stay home and not participate virtually. Having a combination of virtual and live confuses the situation and makes it very difficult to make decisions. She was also concerned with putting staff in danger at live meetings. She assured her life was not worth going live because after having lung cancer and essentially only one lung, she cannot go on a ventilator so if she gets COVID and has to be hospitalized, she will die. Although she originally voted to stay live, the more she has heard about giving people a choice whether or not to be present, she wondered what was the point. Councilmember Olson raised a point of clarification, stating the vote was not whether to be live versus online, the vote was hybrid or virtual. Mayor Pro Tern Paine said she understood that and ruled point not taken. Council President Pro Tern L. Johnson said to the best of her knowledge, the air filtration system in Council Chambers had not been updated to COVID standards, the windows do not open, and even at the meeting where more people wore masks, they removed them to speak. She recalled attending virtually in Spring 2020 from the protection of her own home and watching staff be inundated by the public not wearing masks and coming into their space. People have different values and space requirements and they may not respect staff. She found it offensive for the Council to vote for a hybrid model and probably stay home because it was safest, knowing what that would do to staff. If it was safest for Councilmembers to stay home, that same safety needs to be provided for staff members. The statement that everybody can make their own decisions is not necessarily the case. Councilmember K. Johnson said if the Council chooses to remain virtual, she requested IT figure out a way for people making public comments and speaking during public hearing to be seen by the Council. Many other entities display speakers but Edmonds Council only hears them. Councilmember Fraley-Monillas agreed with Councilmember K. Johnson's suggestion. If the Council remains virtual, it is important for the public to be seen when speaking. Edmonds City Council Draft Minutes September 28, 2021 Page 21 Packet Pg. 36 7.2.a COUNCIL PRESIDENT PRO TEM L. JOHNSON MOVED, SECONDED BY COUNCILMEMBER DISTELHORST, TO EXTEND FOR 20 MINUTES UNTIL 10:20. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis said she appreciated staff but the city hasn't closed down and people are out and about. She suggested if people are getting too close to the City Clerk, a barrier could be put up. She was unsure how people could protect themselves other than wearing a mask. She summarized the numbers have stabilized and she supported a hybrid approach because people want to come back to Council and have their voices heard. Councilmember Fraley-Monillas relayed according to the Snohomish Health District, the area of exposure is 8-10 feet. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO CONTINUE TO MEET VIRTUALLY FOR ONE MONTH AND REVISIT AT AN APPROPRIATE COUNCIL MEETING AT THE END OF OCTOBER. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS DISTELHORST AND FRALEY-MONILLAS, MAYOR PRO TEM PAINE AND COUNCIL PRESIDENT PRO TEM L. JOHNSON VOTING YES; AND COUNCILMEMBERS K. JOHNSON, BUCKSHNIS AND OLSON VOTING NO. 9. OUTSIDE BOARD AND COMMITTEE MEETING REPORTS OUTSIDE BOARDS AND COMMITTEE REPORTS 10. COUNCIL COMMENTS Councilmember Olson referred to an article in My Edmonds News regarding the concerns of some of the City's frontline workers. She thanked them and all the frontline workers, most of them in Parks and Public Works, for their efforts on behalf of the community and recognized and appreciated their sacrifice. She requested the Administration look at all the COVID safety practices such as how many people are in the cab of a truck and ensure that everything possible is done to keep these workers safe. Councilmember Olson reminded that the last of the six budget town halls is Thursday, September 30 at 6 p.m. at Hickman park. If a dozen or so people attend, the total for the town halls will be over 50. She looked forward to hearing residents' spending priorities for 2022. Council President Pro Tem L. Johnson reminded on Thursday as part of National Suicide Prevention Month, Wendy Burchill, Snohomish Health District will do QPR (Question, Persuade, Refer) suicide prevention training. Further information can be found at WeCare.Edmondswa.gov. Councilmember Fraley-Monillas referred to a City staff email that showed up in My Edmonds News, commenting she would have preferred to hear about it live versus hearing about it on social media. The Council was not notified of the problems and her empathy would have definitely been toward staff. Her son's father works for WSDOT and when COVID was very contagious and people weren't vaccinated, he drove in a truck alone, and cleaned the truck with Clorox wipes when he got in and out. There are things the City can do to include compensation for that level of work. She wished staff had reached out to the Council instead of reaching out to the media. There is a way to resolve this and she looked forward to having further discussions about it. Councilmember Distelhorst echoed Council President Pro Tern L. Johnson's comments regarding Wendy Burchill's QPR training. He saw it last year and felt it was very valuable for people of all ages and he Edmonds City Council Draft Minutes September 28, 2021 Page 22 Packet Pg. 37 7.2.a encouraged the public to attend on Thursday evening. He thanked the community panelists who participated in the Suicide Prevention Panel last Thursday evening. He looked forward to the City posting the recording so it could be shared more widely in the community. Councilmember Buckshnis thanked Councilmember Olson for the informative event at Seaview Park. She relayed a neighbor's comments that she was very impressed by the discussions. She expressed appreciation for the input she has received from citizens at the town halls. She announced Halloween Howl on Saturday from 11 a.m. to 1 p.m. T-shirts will be sold as well as a costume competition at 1 p.m., Senior Animal Control Officer Shoemake will answer questions, and OLAE will pay for dog licenses for the first 10 people. Mayor Pro Tem Paine commented she looked forward to a busy week with the suicide prevention QPR and the budget meet ups which have been well attended. With regard to the article in My Edmonds News, she agreed the frontline crews have not had the same opportunity to work from home. She was hopeful that the Administration would look at options. She expressed appreciation for the work staff has been doing non-stop, recognizing that their work -life balance has not been in sync with other employees and she was hopeful that a way could be found to make it right. Councilmember K. Johnson echoed the thanks to Councilmember Olson for providing an opportunity for discussion about the budget. There are usually 1-2 people involved in budget discussions; Councilmember Olson's town halls have increased that at least 25 fold. The town halls have been a wonderful thing and should be done every year. With regard to the article in My Edmonds News, she was concerned that so many people were unhappy and believed the Administration should take steps to meet with them and address their concerns. COUNCILMEMBER OLSON MOVED TO EXTEND TO 10:30 P.M. Councilmember Buckshnis raised a point of order, stating the Council can go into executive session and if extra time is needed, come out and say additional time is needed. City Attorney Jeff Taraday said the meeting time needs to be extended for as long as the Council thinks will be needed for executive session. The executive session can be extended by having someone come out, but the actual Council meeting cannot be extended during executive session. He recommended extending the meeting now so the Council did not have to go in and out of public and executive session. Councilmember Distelhorst asked the length of the executive session. Mayor Pro Tem Paine said 30 minutes. City Clerk Scott Passey said the link to the executive session was the same for all executive sessions. A MOTION WAS MADE BY COUNCILMEMBER OLSON AND SECONDED TO EXTEND 10:40 P.M. Mr. Taraday clarified if the Council meeting was extended to 10:40 and not all that time was needed for the executive session, the meeting could be adjourned earlier. If the Council announced the executive session would go until 10:40, then the Council would need to wait until then to adjourn. He suggested extending the executive session in increments, but extending the Council meeting in one fell swoop. Councilmember K. Johnson requested the link to the executive session Zoom be sent to her via text as her server was down. At Councilmember Distelhorst's request, Mayor Pro Tem Paine restated the motion: Edmonds City Council Draft Minutes September 28, 2021 Page 23 Packet Pg. 38 7.2.a TO EXTEND THE MEETING TO 10:40. MOTION FAILED (4-3) FOR LACK OF A SUPER MAJORITY, COUNCILMEMBERS BUCKSHNIS, OLSON, COUNCILMEMBER FRALEY-MONILLAS AND MAYOR PRO TEM PAINE VOTING YES; COUNCILMEMBER DISTELHORST, COUNCILMEMBER K. JOHNSON AND COUNCIL PRESIDENT PRO TEM L. JOHNSON VOTING NO. COUNCILMEMBER DISTELHORST MOVED, SECONDED BY COUNCILMEMBER K. JOHNSON, TO EXTEND TO 10:30. MOTION CARRIED UNANIMOUSLY. 11. MAYOR'S COMMENTS 12. CONVENE IN EXECUTIVE SESSION TO RECEIVE AND EVALUATE COMPLAINTS OR CHARGES BROUGHT AGAINST A PUBLIC OFFICER OR EMPLOYEE PER RCW 42.30.110(1)(F) At 10:16 p.m., Mayor Pro Tem Paine announced that the City Council would meet in executive session to receive and evaluate a complaint against a public officer or employee per RCW 42.30.110(1)(f). The executive session is scheduled to last until approximately 10:30 p.m. Elected officials present at the executive session were Councilmembers K. Johnson, Fraley-Monillas, Buckshnis, Olson, Paine, Distelhorst, and L. Johnson. City Attorney Jeff Taraday was also present. The executive session concluded at 10:30 p.m. Mayor Pro Tern Paine reconvened the meeting at 10:30 p.m. 13. ADJOURN With no further business, the Council meeting was adjourned at 10:30 p.m. Edmonds City Council Draft Minutes September 28, 2021 Page 24 Packet Pg. 39 7.2.a Public Comment for 9/28/21 Council Meeting: Please Note: Comments submitted for inclusion for the 9/21/21 Public Hearing were inadvertently left out; please scroll down to see those comments below. From: Joan Bloom Sent: Tuesday, September 28, 2021 6:09 PM To: Council <Council@edmondswa.gov>; Michelle Dotsch Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Re: Continuation of Public Hearing 9/28/21 on ECDC 18.30 Thanks, Michelle. This alone should invalidate this process and require them to START OVER. How much of this obfuscation and jacking us around should we be expected to take? Joan Bloom From: Danielle Hursh Sent: Tuesday, September 28, 2021 5:28 PM To: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Public Comment on Virtual Meetings Dear Edmonds City Council Members, Please consider this public comment regarding tonight's meeting and public hearing on whether or not to continue to have Council meetings virtually. I would implore you to keep these meetings virtual. I am immune compromised, with an auto -immune disease AND I am on an immune suppressing medication for the auto -immune disease. Attending a Council meeting in person would be a huge risk for me, even though I am vaccinated. Having these meetings conducted virtually allows me to "attend" and participate, whereas I would not be able to if done in person. Additionally, it is just not safe in general to have large, indoor, in person meetings at this time It is the safest, wisest option to continue these virtually for the time being. For EVERYONES safety. Furthermore, for long term planning, please consider continuing these meetings as virtual or a virtual/inperson hybrid. My spouse is disabled and it is not easy for them to attend in person events during covid times or not. The virtual option has opened up an opportunity for them to Edmonds City Council Draft Minutes September 28, 2021 Page 25 Packet Pg. 40 7.2.a view these meetings now, whereas they had not been able to before the virtual option due to covid. Having the virtual option really is an accessibility accommodation in my spouse's situation. Thank you for you consideration. Sincerely, Danielle Hursh Edmonds, WA From: "votepetso (null)" Date: September 21, 2021 at 18:38:40 PDT To: mike. nelson @edmondswa.eov Cc: Adrienne Monillas <Adrienne.Monillas@edmondswa.gov>, Vivian Olson <vivian.olson@edmondswa.gov>, Diane Buckshnis <diane.buckshnis@edmondswa.gov>, Susan Paine <Susan.Paine@edmondswa.gov>, Luke Distelhorst <Juke.distelhorst@edmondswa.gov>, Laura Johnson <laura.iohnson@edmondswa.gov>, kristiana.iohnson@edmondswa.gov Subject: Public hearing on stormwater Please accept these comments for the public hearing record, and for the SEPA record. Please continue the hearing so further comments may be made. Please prevent further water from reaching our neighborhood. Previously we had a couple of homes with flooding issues during winter rains, now we have more, including my property. Detain the water on site until the ground can accomodate the flow. Also, please ask about item d on packet page 384. It looks like the insertion of the word "hard" may change the treatment of crumb rubber playfields and other pollution generating pervious surfaces (defined on packet page 369). It used to say we can't discharge untreated stormwater from pollution generating surfaces to ground water. Now the protection is limited to "hard" surfaces. This seems likely to contaminate the ground water that reaches our streams (including those used to supply drinking water) and eventually discharge to puget sound. If you push staff to explain the rational and potential impact of this change, then continue the public hearing, interested citizens could provide comment at the second hearing with a better inderstanding of the effect of discharging untreated stormwater from pollution generating pervious surfaces to ground water. Edmonds City Council Draft Minutes September 28, 2021 Page 26 Packet Pg. 41 7.2.a Why would you change the code to allow the discharge of polluted water to groundwater??? Around here, most groundwater hits the clay layer, then the streams, then the Sound. Lora From: michelle dotsch Sent: Tuesday, September 28, 20214:54 PM To: Council <Council@edmondswa.gov> Cc: Public Comment (Council) <publiccomments@edmondswa.gov> Subject: Continuation of Public Hearing 9/28/21 on ECDC 18.30 I would like to address the packet inconsistencies on this continuation of the SAME Public Hearing on ECDC 18.30 from 9.21.21. The one I will give as an example is in the 9.21.21 Packet with the same Title of "2022 Stormwater Management Code (ECDC 18.30) Update Presented by Zachary Richardson, Stormwater Engineer" starting on Page 463. Every page after that is different from the 9.21.21 presentation packet on this same Public Hearing. If you look specifically at Page 469 from the 9.21.21 packet it is written: "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 its fair to ask the residents who have directly benefitted from the impacts on the creek to chip in a little extra towards its recovery." In today's Packet which is a CONTINUATION of the same exact Public Hearing of 9.21.21, from today's 9.28.21 Packet Page 331 it is completely different and now is re -written to: "Rationale: The Perrinville basin has been greatly affected by past development and needs enhanced 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." I had referenced the 9.21.21 information in a comment on MEN from the public hearing and another citizen today told me they could not find it in today's packet. Edmonds City Council Draft Minutes September 28, 2021 Page 27 Packet Pg. 42 7.2.a It is so confusing for a citizen to have to figure out in such a short amount of time what is new information, same or edited information. I do believe the same information should be included for tonight's CONTINUATION of the exact same public hearing at this time for all parties. How would anyone know they now need to re -read this 9.28.21 packet in full to know if this Public Hearing information is different from the same Public Hearing information provided to them from last week as this section shows it was altered. That would involve reading all the pages from the Public Hearing packet information from 9.21.21 to now read ANOTHER how many pages and try to compare between the 2 as to find what has changed to be able to competently comment at this continuation of the same public hearing? How can the public be asked to participate in such a confusing and inconsistent process tonight? AFTER the final date of the continuation of the same public hearing from 9.21.21, only THEN would any new or updated information be included. Is that not the proper process for a public hearing to make it fair for the public to have access to the same information as the Council, Administration and Staff? Otherwise could this now be 2 different public hearings we are having and not the continuation of the same one? What are the rules of a public hearing and are they being followed? Who is ultimately responsible to make sure this is being carried out properly? Michelle Dotsch Edmonds Resident From: Joan Bloom Sent: Tuesday, September 28, 2021 3:45 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Nelson, Michael <Michael.Nelson @edmondswa.gov>; Taraday, Jeff <jeff@lighthouselawgroup.com> Subject: Stormwater Management code (ECDC 18.30) Public Hearing Council, Thank you for continuing this public hearing. Please include my comments in the public record and in the SEPA record. I am writing to urge Council to delay finalizing the Stormwater Management Code for the following reasons: (1) As Lora Petso stated in her public comments for this evening, the SEPA Determination of Non -Significance (DNS) is in error: Edmonds City Council Draft Minutes September 28, 2021 Page 28 Packet Pg. 43 7.2.a "The SEPA DNS is in error, as it indicates the proposal does not violate any laws. In fact, the proposal violates WAC 173-200, particularly the antidegradation policy in 173-200-030. The policy links to the Water Pollution Control Act (RCW 90.48) and the Water Resources Act (RCW 90.54)." (2) The "Salmon Safe Certification" process should be completed prior to finalizing the Stormwater Management code. Per Joe Scordino, this would "provide an independent review and verification of the City's environmental practices for protecting water quality and habitat. The process included an expert review of the City's Stormwater Management Policies and Practices relative to protecting the health of the watersheds in Edmonds." (3) The Perrinville watershed is in serious trouble, causing flooding for many homeowners. This watershed continues to be impacted by development by Lynnwood. Agreements with Lynnwood should be finalized. Per Joe Scordino, "The stormwater flow from winter rainfall events in Edmonds and Lynnwood, which are predicted to be more frequently intense due to climate change, has destroyed Perrinville Creek and caused repeated flooding of Edmonds residences." And, "what changes can be made to stormwater management and practices in Edmonds and Lynnwood to resolve (or at least minimize) the excess stormwater problems occurring from past development and roads?" (4) The public should have an opportunity to review the SEPA document, which was not included in the staff's presentation. It's concerning that this document was not included for public review. (5) Staff believes that residents should "chip in" towards Perrinville Creek recovery. What is meant by this? How is it "fair" that certain residents would pay "a little extra" toward a creek's recovery? On p. 469 of the 9-21-21 Council packet: "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 its fair to ask the residents who have directly benefitted from the impacts on the creek to chip in a little extra towards its recovery." (6) Lack of transparency by the COE in making all public comments available to the public in a timely manner. Excerpt from minutes of the first public hearing, pg. 42 in Council's packet, 9-28-21: "City Clerk Scott Passey answered they would be part of the public record and are entered into the minutes. Councilmember Olson reiterated her surprise that there were no public comments Edmonds City Council Draft Minutes September 28, 2021 Page 29 Packet Pg. 44 7.2.a during the public hearing since there was great deal of interest via email. Due to possible technology issues, she suggested continuing the public hearing to next week." Despite this statement by the City Clerk, the only comments from last week's public hearing on the Stormwater Management code "entered into the minutes" in your packet this evening are from Joe Scordino and Ken Reidy. I am aware of two comments that were not included in your packet. I'm guessing there are others. (7) The Stormwater Management Code does not need to be finalized until July 2022. Given the seriousness of the issues raised, why would you rush approval? Please ensure that the above issues, and any others presented to you, are resolved in advance of approving this code. Regards, Joan Bloom Former Edmonds City Council member From: Marjorie Fields Sent: Tuesday, September 28, 2021 12:47 PM To: Council <Council@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa Subject: stormwater code hearing Hello Council friends, Thank you for continuing the hearing on the city stormwater code. As you know, this is an extremely serious issue for our city and needs careful attention. Perrinville Creek is just one very visible example of our stormwater problems. Citizens deserve to know how the tragic destruction of Perrinville Creek will be dealt with, and those with flooded homes and yards especially deserve answers. We can't afford to continue emergency flood control such as dumping truckloads of dirt on the mouth of a former salmon -bearing stream. The city must look at the big picture —the entire watershed and causes of flooding. Prevention is always the most effective treatment. For instance how could city policies on tree removal mitigate stormwater runoff damage? Preventive measures must be a major part of the stormwater code. We keep hearing that Edmonds doesn't have control of stormwater because Lynnwood stormwater is part of the problem. Negotiations with Lynnwood therefore need to be part of the plan. Not so visible as flooding is the content of stormwater that runs through our streams into Puget Sound. Lora Petso has pointed out violations of pollution control laws in the Stormwater proposal being Edmonds City Council Draft Minutes September 28, 2021 Page 30 Packet Pg. 45 7.2.a considered here. This is a is a major concern and must be addressed. Edmonds needs a clear plan to reduce the toxins and other chemicals in our stormwater. These are big issues and need to be part of our city stormwater plan. Edmonds citizens are counting on our city staff and government to improve our practices. I am planning to speak at the hearing as well as submitting this in writing, in hopes that my comments will be on the record and are heard by the public. So please pardon the repetition. Thanks for your work on this, Marjie Fields From: votepetso (null) Sent: Tuesday, September 28, 2021 11:33 AM To: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Lien, Kernen <Kernen.Lien@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Monillas, Adrienne<Adrienne.Monillas@edmondswa.gov>; Buckshnis, Diane <Diane.Buckshnis@edmondswa.gov>; Olson, Vivian <Vivian.Olson@edmondswa.gov>; Johnson, Kristiana<kristiana.johnson@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>; Distelhorst, Luke <Luke.Distelhorst@edmondswa.gov>; Paine, Susan <Susan.Paine@edmondswa.gov> Subject: Stormwater Public Hearing and SEPA Please include these, and my prior comments, in the record for the Stormwater public hearing, and in the SEPA record. These comments are submitted as an individual, not as a commissioner for Olympic View Water and Sewer District. The SEPA DNS is in error, as it indicates the proposal does not violate any laws. In fact, the proposal violates WAC 173-200, particularly the antidegradation policy in 173-200-030. The policy links to the Water Pollution Control Act (RCW 90.48) and the Water Resources Act (RCW 90.54). "WAC 173-200-030(2) The antidegradation policy is as follows: (a) Existing and future beneficial uses shall be maintained and protected and degradation of groundwater quality that would interfere with or become injurious to beneficial uses shall not be allowed.... (c) Whenever groundwaters are of a higher quality than the criteria assigned for said waters, the existing water quality shall be protected, and contaminants shall not be allowed to enter such waters . . Edmonds City Council Draft Minutes September 28, 2021 Page 31 Packet Pg. 46 7.2.a This provision requires knowing both the quality of the existing groundwater, and the State ground water standards, and assuring that stormwater discharged meets the standards. The proposed code doesn't even consider the standard, much less apply it. As we have some very high quality groundwater, even some used for drinking water with a formally designated Well -Head Protection Area, it is absurd for Edmonds to disregard this policy in the stormwater code. As most groundwater in the area eventually reaches a stream or the Sound, disregarding this policy is also detrimental to the streams and the Sound. Please improve this code and implement the antidegradation standard. Lora Petso From: Ken Reidy Sent: Tuesday, September 28, 2021 7:29 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Taraday, Jeff <jeff@lighthouselawgroup.com>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Williams, Phil <Phil.Wllliams@edmondswa.gov> Subject: Public Comments for the September 28, 2021 City Council Meeting A little over a year ago, I submitted Public Comments under the following Heading: Public Comments for September 1, 2020 City Council meeting -remember all persons attending the meeting must be able to hear each other at the same time Despite that, citizens of Edmonds were subjected to a Public Hearing on September 21, 2021, where much confusion was exhibited by City Councilmembers as to how many Public Comments had been received. Several citizen names were mentioned as having submitted Public Comments in writing. I submitted Public Comments in writing, but my name was not mentioned. None of the content of the written comments was disclosed. It is my understanding that when the decision has been made to allow public comment, such as when Public Notice has been provided for a Public Hearing, all persons attending the meeting must be provided the ability to hear each other at the same time. I believe remote members of the public must be able to contemporaneously hear all discussion, including public comments submitted by other citizens. Edmonds City Council Draft Minutes September 28, 2021 Page 32 Packet Pg. 47 7.2.a The fact that the City Council has chosen to not provide your constituents the ability to contemporaneously hear all discussion, indicates City Council lacks the willpower to properly conduct Virtual City Council meetings. Please address your historical conduct at once. Please hold accountable those responsible for City Council's failure to provide your constituents the ability to contemporaneously hear all discussion. If you continue to conduct virtual meetings, please consider what the City of Sea Tac does: The City Council for the City of Sea Tac has provided the following Written Public Comment opportunities: Submit Written Public Comment on any topic or Public Hearing Comment as applicable: -Submit Email/Text comments by 4 p.m. the day of the meeting to the following email: Public Comments on any topic: PublicCommentC@seatacwa.gov Public Hearing Comments, as applicable: PublicHearingComment@seatacawa.gov -Written comments on any topic will be provided to the City Council and mentioned by name and subject during the meeting. -Written Public Hearing Comments will be read into the record, up to 5 minutes in length. -Written comments will be placed on the City's website for viewing after the meeting. -Public comments submitted to an email address other than the ones provided above, or after the deadline, will not be included as part of the record. Why does Edmonds City Government fall so far short of what the City of Sea Tac has done as it relates to Written Public Comment? Especially when better treatment has been requested for months and months. Remember when I provided you another example - the City of Anacortes use of e-comments As documented in my Public Comment for July 14, 2020 City Council Meeting: The Governor's proclamation states that meetings must provide the ability for all persons attending to hear each other at the sam e time. Edmonds City Council Draft Minutes September 28, 2021 Page 33 Packet Pg. 48 7.2.a Why hasn't Edmonds City Council made a greater effort to see that Written Public Comments are heard? Please also hold accountable the parties responsible for the provision of false, misleading, inaccurate, or incomplete City Council Agenda Packets. Thank you. From: Ken Reidy Sent: Tuesday, September 28, 2021 6:50 AM To: Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Taraday, Jeff <jeff@lighthouselawgroup.com>; Nelson, Michael <Michael.Nelson @edmondswa.gov>; Council <Council@edmondswa.gov>; Judge, Maureen <Maureen.Judge@edmondswa.gov>; Williams, Phil <Phil.Wllliams@edmondswa.gov> Subject: Public Comments for the September 28, 2021 Public Hearing for Stormwater Management code (ECDC 18.30) update City of Edmonds government provided notice that, on September 21, 2021, City Council would hold a Public Hearing for the Stormwater Management code (ECDC 18.30) update. The Public Notice informed that Public Comments for the Public Hearing could be submitted in writing to a specific City of Edmonds email address. I did so, along with an unknown number of other citizens. Much confusion was exhibited during the September 21, 2021 Public Hearing as to how many Public Comments had been received. Several citizen names were mentioned as having submitted Public Comments in writing. I submitted Public Comments in writing, but my name was not mentioned. None of the content of the written comments was disclosed. How are citizens supposed to know what fellow citizens had to say about the matter? I also have no way of knowing how many Councilmembers were aware of the Public Comments submitted in writing for the Public Hearing. It is my understanding that when the decision has been made to allow public comment, such as when Public Notice has been provided for a Public Hearing, all persons attending the meeting must be provided the ability to hear each other at the same time. I believe remote members of the public must be able to contemporaneously hear all discussion, including public comments submitted by other citizens. Per MRSC: The essence of the legislative process is the give and take of different interests, and the search for a compromise that is acceptable to the majority. It is critical that the compromise is not based on the provision of false, misleading, inaccurate, or incomplete information to City Council prior to its vote. Edmonds City Council Draft Minutes September 28, 2021 Page 34 Packet Pg. 49 7.2.a The September 21, 2021 Public Hearing was continued to September 28, 2021. Incredibly, all public comments submitted for the September 21, 2021 public hearing were not included as an Attachment to the September 28, 2021 agenda item continuing the Public Hearing. I asked Council President Susan Paine to please make sure an Attachment including all Public Comments made for the September 21, 2021 Public Hearing is added to Council's Agenda Packet asap. Susan Paine has not responded to my email. All of this is true even though my September 21, 2021 Public Comments started off as follows: As a reminder, the City of Sea Tac reads Written Public Hearing Comments into the record, up to 5 minutes in length. Why doesn't the City of Edmonds do that? Please hold accountable the parties responsible for the confusion exhibited during the September 21, 2021 Public Hearing as to how many Public Comments had been received. Prior to updating the Stormwater Management code, please answer the following questions: 1. When the City claims it needs property for a public purpose such as stormwater overflow, why does it leave that property in private hands? Why did the City not buy or condemn the property that was later sold to Donna Breske? Had the City done so, the Breske family's horrible experience with the City of Edmonds would never have been possible. 2. How did City Water, sewer and storm utilities get located partially within a 60- ft planned right-of-way in the Seaview Woods area? Did the placement of City Water, sewer and storm utilities within the "planned right-of-way" open the right-of-way or is a right-of- way only opened when it is improved so that it can be used for ingress/egress? 3. When the City discovers a stormwater pipe has been installed without permit in an unopened right-of-way, can the City require the fee title owner to grant the party that installed the pipe an easement during a street vacation process? Why would the City do that instead of requiring the party to remove its pipe installed without permit? 4. Can the City divest ownership of publicly owned stormwater facilities to a private property owner such as was done as part of the Westgate Chapel street vacation? 5. If the City accepts a bond to finalize a plat, does the City have a duty to use the related bond to finish the required plat improvements so neighboring property owners will not be impacted by stormwater flowing onto their property? 6 Does the City's Stormwater System establish a connection to navigable waters of the USA allowing the U.S. Army Corps of Engineers to issue a Nationwide Permit to fill a wetland located in Edmonds? Please know the U.S. Army Corps of Engineers has claimed this in the past and issued a permit to fill a wetland located in Edmonds. Does Edmonds City Council need to adopt legislation making it more difficult for the U.S. Army Corps of Engineers to do this again in the future? Thank you for answering all these questions prior to updating the Stormwater Management code. Ken Reidy Edmonds City Council Draft Minutes September 28, 2021 Page 35 Packet Pg. 50 7.2.a From: votepetso (null) Sent: Monday, September 27, 2021 7:59 PM To: Nelson, Michael <Michael.Nelson@edmondswa.gov>; Lien, Kernen <Kernen.Lien@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov> Cc: Monillas, Adrienne<Adrienne.Mon illas@edmondswa.gov>; Buckshnis, Diane <Diane.Buckshnis@edmondswa.gov>; Olson, Vivian <Vivian.Olson@edmondswa.gov>; Johnson, Kristiana<kristiana.johnson@edmondswa.gov>; Johnson, Laura <Laura.Johnson@edmondswa.gov>; Distelhorst, Luke <Luke.Distelhorst@edmondswa.gov>; Paine, Susan <Susan.Paine@edmondswa.gov> Subject: Stormwater SEPA and public hearing comments Please include these, and my prior comments, in the record for the Stormwater public hearing, and in the SEPA record. These comments are submitted as an individual, not as a commissioner for Olympic View Water and Sewer District. Thanks for continuing the public hearing. Please vote to make changes to the proposal and then do another hearing once the changes are complete. Please also require another SEPA review, once changes are made. Right now the SEPA comment period is set to end October 6, but changes will not be complete at that time. An appeal, if any, must be filed by October 13, but changes will not be complete then either. This cart before the horse approach violates both GMA and SEPA processes! Thanks for the follow up on my earlier questions. It seems easiest to change ECDC 18.30.060D(6)d on packet page 245 to read "any pollution -generating surface, including but not limited to, pollution -generating hard surface (PGHS), pollution -generating impervious surface (PGIS), and polution-generating pervious surface (PGPS)". Each of those terms is specifically defined in our code on pages 229-230, and this change would not interfere with whatever staff is up to with other uses of "hard surface". It would restore that section to its prior standard of protecting groundwater from any pollution -generating surfaces, including crumb rubber. Without this change our policy is backward and illegal, and, depending on details, would violate some or all of the following: RCW 90.48, WAC 173-200, WAC 173-218, and 40 CFR144.12. The SEPA is erroneous in stating the proposal does not violate any laws. A related fix is needed to the definition of "vehicular use", as that is relied on directly or indirectly by all three defined pollution -generating surfaces (PGHS), (PGIS), (PGPS). The exceptions should be modified so that there is no exception for "restricted access fire lanes, and infrequently used maintenance access roads". Such designations are too easy to abuse in Edmonds City Council Draft Minutes September 28, 2021 Page 36 Packet Pg. 51 7.2.a practice, and thus violate the above cited laws. One such, which can be found at the new Madrona School, is over 1/10th of a mile in length, and is open weekdays, and used for parking, deliveries, garbage trucks, etc. I took this photo this morning, on my way to a meeting (no stake out, it is just a busy maintenance road and/or fire lane). Note the yellow delivery truck on the far left, and the two parked cars in the distance. Also, please tighten up the definition of PGIP to add regulation of any roof, or any roof over a specified size. It is now well recognized that any roof is a pollution generating surface, particularly after a wildfire event. Again, failure to do so is a violation of the above cited laws, and probably of additional laws specific to surface waters. Also, the State storm water manual allows consideration of cumulative impacts from future development. Do it, and protect those of us who already flood. Edmonds City Council Draft Minutes September 28, 2021 Page 37 Packet Pg. 52 7.2.a If I get time to review this tomorrow I will send additional comments. The draft is dated July, 2021. Is there some notice I missed, that would have allowed me more time? Did this go through a Council Committee? If I have failed to send this to the correct e-mail addresses, please forward them for me as I wish to be a party of record for the SEPA and the public hearing. The SEPA notice mentions Mr. Lien, and I cannot find the public hearing notice on the City web page. Please assist if I have this wrong. Lora Petso From: joe scordino Sent: Monday, September 27, 20214:20 PM To: Council <Council@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Public Comment (Council) <publiccomments@edmondswa.gov>; Nelson, Michael <Michael.Nelson @edmondswa.gov> Cc: CityCouncil@LynnwoodWA.gov Subject: Public Hearing on Edmonds Stormwater Code and involvement of Lynnwood To: Edmonds City Council What the public (and Council) needs to know in order to comment on the sufficiency of the proposed changes to the stormwater code is: Will it actually change the continuing and increasing stormwater damage occurring in Edmonds? If so, by how much? If not, are there additional changes that could be made to the stormwater code to make it more effective in eliminating additional discharges into storm drains? What about changes to the City's Comprehensive Plan, the development code, and the tree removal ordinance? Further, what changes can be made to stormwater management and practices in Edmonds and Lynnwood to resolve (or at least minimize) the excess stormwater problems occurring from past development and roads? Is a Lynnwood diversion pipe needed? The stormwater flow from winter rainfall events in Edmonds and Lynnwood, which are predicted to be more frequently intense due to climate change, has destroyed Perrinville Creek and caused repeated flooding of Edmonds residences. Other creeks in Edmonds and the salmon in them also are being damaged by excess stormwater. Edmonds City Council Draft Minutes September 28, 2021 Page 38 Packet Pg. 53 7.2.a When is Edmonds going to start addressing this REAL crisis? Are negotiations with Lynnwood underway? [the Perrinville Creek stormwater catastrophe was predicted over 20 years ago in a 1998 Report to the City which said "Urban development has resulted in higher flows in Perrinville Creek that have increased stream power .... The erosion by Perrinville Creek, if left unchecked, poses a threat to homes, to Talbot Road, and to the Burlington Northern Railroad." The public saw a glimmer of hope when Mayor Nelson committed to a Perrinville Creek Restoration Plan that would be presented to the Edmonds City Council for review and direction, WITH public input. BUT, over six months later, NOTHING has been presented to Council except a request for $3.5M for Perrinville Creek with no detail on what it would be used for. The City also had an opportunity to get an independent, EXPERT assessment of stormwater management in Edmonds so that the expert advice could be used in the Perrinville Restoration Plan, this stormwater code update, and overall City practices to resolve excess stormwater problems. BUT, almost a year has passed since a Scope -of -Work was prepared with the Salmon -Safe organization, and NO contract/agreement has yet been issued for this EXPERT stormwater advice. The Council needs to have the Mayor and City staff address all of the above BEFORE giving staff a green light to proceed with their proposed update to the stormwater code. Commitments from Lynnwood are essential to this process. Further, there were MANY written public comments for last week's public hearing that the Edmonds City Council needs to discuss BEFORE just "moving on" with the agenda item on stormwater code. And, why wasn't the SEPA document included in the agenda so the Council could obtain public comments on that too during the public hearing (and hopefully actually read and listen to constituent input AND actually discuss each comment as part of the public hearing)? From: Olson, Vivian Sent: Monday, September 27, 2021 12:20 AM To: Passey, Scott <Scott.Passey@edmondswa.gov>; Ken Reidy Subject: All sent- include with documentation of the hearing? Hi- all that came to council addresses have now been forwarded. I did not send the ones (like Ken's) which included the public comments email address as the conversation at meeting indicated that those were captured. Edmonds City Council Draft Minutes September 28, 2021 Page 39 Packet Pg. 54 7.2.a I hope it is possible to include with the online version so all citizens can see what all others have written prior to the continued hearing as it is my understanding that that is the requirement. Vivian From: James Ogonowski <lames.m.ogonowski@hotmail.com> Date: September 25, 2021 at 8:50:17 PM PDT To: Council <Council@edmondswa.gov> Subject: Storm Water Management Dear City Council members, Thank you for taking up the discussion on the storm water situation in our city. Rather than making a public comment, I'd just like to share with you some first-hand observations and a suggestion or two. I live at the bottom of Perrinville Creek, directly across from the catch basin which connects the creek to Puget Sound. The catch basin used to be directly fed only by the creek. However, back in (approximately) 2012, the city made a change by adding a storm water pipe to the catch basin, redirecting storm water and thus increasing inflow at the catch basin significantly. Ever since that modification, the local storm water flooding situation has worsened. There are two restrictions to water flow along Perrinville Creek which contribute to the flooding. The culvert under Talbot Rd. and the culvert under the railroad tracks to the Sound. The significant rain event we had last December actually sent the creek over its banks and flooding across Talbot Rd., temporarily closing the road all because of the restricted water flow under the road by the size of the culvert. The flooding around the catch basin itself is due to the undersized culvert under the railroad tracks to the Sound. The amount of water flowing from the Perrinville basin in combination with the amount of flow added by the modification to the catch basin simply exceeds the capacity of the piping to the Sound. As simple as that. Sediment carried down the creek is a contributing factor, however not the root cause. Other preventative measures can be made along the creek itself to address the sediment issue. I seem to continually hear about Lynnwood's responsibilities here as well, and I agree. However, I have never seen them recognize or cooperate on this issue. A resolution asking them to do something is worthless and a waste of your time. What I haven't heard much about is how to work with BNSF to get a larger culvert under the tracks. NO amount of mitigation or changes at the catch basin will stop the flooding unless a larger pipe leads to the Sound. City Staff seems to think otherwise and is proposing a foolish approach as they did Edmonds City Council Draft Minutes September 28, 2021 Page 40 Packet Pg. 55 7.2.a when they directed more water to the catch basin in 2012. This will be money wastefully spent. Nothing in the proposed Storm Water Management Code update will alleviate the Perrinville Creek situation. "Enhanced protections" will do nothing for a problem which is here and now. As an engineer, this is a simple physics problem with a simple solution. Let's stop wasting our time and money on solutions which won't work. Jim Ogonowski Edmonds From: "votepetso (null)" <votepetso@aol.com> Date: September 21, 2021 at 6:38:48 PM PDT To: "Nelson, Michael" <Michael.Nelson @edmondswa.gov> Cc: "Monillas, Adrienne" <Adrienne.Monillas@edmondswa.gov>, "Olson, Vivian" <Vivian.Olson@edmondswa.gov>, "Buckshnis, Diane"<Diane.Buckshnis@edmondswa.gov>, "Paine, Susan" <Susan.Paine@edmondswa.gov>, "Distelhorst, Luke" <Luke.Distelhorst@edmondswa.gov>, "Johnson, Laura" <Laura.Johnson@edmondswa.gov>, "Johnson, Kristiana"<kristiana.iohnson@edmondswa.gov> Subject: Public hearing on stormwater Please accept these comments for the public hearing record, and for the SEPA record. Please continue the hearing so further comments may be made. Please prevent further water from reaching our neighborhood. Previously we had a couple of homes with flooding issues during winter rains, now we have more, including my property. Detain the water on site until the ground can accomodate the flow. Also, please ask about item d on packet page 384. It looks like the insertion of the word "hard" may change the treatment of crumb rubber playfields and other pollution generating pervious surfaces (defined on packet page 369). It used to say we can't discharge untreated stormwater from pollution generating surfaces to ground water. Now the protection is limited to "hard" surfaces. This seems likely to contaminate the ground water that reaches our streams (including those used to supply drinking water) and eventually discharge to puget sound. If you push staff to explain the rational and potential impact of this change, then continue the public hearing, interested citizens could provide comment at the second hearing with a better inderstanding of the effect of discharging untreated stormwater from pollution generating pervious surfaces to ground water. Edmonds City Council Draft Minutes September 28, 2021 Page 41 Packet Pg. 56 7.2.a Why would you change the code to allow the discharge of polluted water to groundwater??? Around here, most groundwater hits the clay layer, then the streams, then the Sound. Lora From: John Lyons Sent: Tuesday, September 21, 2021 5:11 PM To: Williams, Phil <Phil.Wllliams@edmondswa.gov>; English, Robert <Robert.English @edmondswa.gov>; Richardson, Zachary <Zachary.Richardson@edmondswa.gov>; Council <Council@edmondswa.gov>; LaFave, Carolyn <Carolyn.LaFave@edmondswa.gov> Subject: Stormwater Threat to 5th Avenue South To: Phil Williams, Public Works & Utilities Director Robert English, City Engineer Zachary Richardson, Stormwater Engineer Edmonds City Council Mayor Mike Nelson Subject: Stormwater Threat to Sth Avenue South Watching heavy storm events since moving into the Shellabarger Creek Condominium building (525 5th Avenue South / 504 Holly Drive) four years ago, I've grown increasingly alarmed by the erosion and flooding of Shellabarger Creek, which crosses the south side of our property. Storm events have been increasing in severity and frequency every year, and I fear the result will be a situation similar to the one seen with Perrinville Creek, this time occurring in a busy residential, business, and traffic area on 5th Avenue South in the Edmonds Bowl. Hopefully, we have time to take remedial action now, before there is serious damage to homes, multi -family buildings, businesses, or to 5th Avenue itself. Whenever there is heavy rainfall for any extended time, a torrent of muddy water loaded with debris of all kinds rushes downhill from far above us crossing many properties and gathering strength as it flows from above 7th Ave under Hemlock Way and Homeland Drive until it pours Edmonds City Council Draft Minutes September 28, 2021 Page 42 Packet Pg. 57 7.2.a into the meandering section of Shellabarger Creek beside our building. This causes two basic problems: 1. Erosion of the creek bed. Rapid flow of storm runoff down Shellabarger Creek east of 5th Avenue South is eroding the creek bed. In a single storm event in December, 2020, it carved away a six-foot section of the embankment near our parking lot. The stormwater carries a heavy load of silt and debris down the creek toward a large culvert under 5th Avenue South. Some of this massive amount of silt undoubtedly ends up in Edmonds Marsh impacting sensitive wildlife habitat. 2. Flooding. Debris carried by stormwater blocks the grate at the entry to the culvert under 5th Avenue South, which causes formation of a virtual lake on the east side of 5th Avenue that on multiple occasions has risen alarmingly close to the commercial properties on the ground floor of our building. The Edmonds Public Works team has been responsive and proactive in attempting to remove debris from the grate to relieve the water backup. However, on a number of occasions I and my neighbors have watched Public Works team members struggle, slip and fall into the roiling water at the culvert entry. This will become unworkable and clearly unsafe as storms become worse. In addition, the condition of the culvert and subsurface soil around the culvert where it passes beneath the Ace Hardware / Pancake Haus parking lot and businesses is a concern, with any subsurface erosion eventually leading to possible subsidence of pavement and building foundations as well as damage to utilities running below the street. Our association in the past brought in large rocks to try to prevent erosion of the creek bed on our property, but these rocks were quickly carried away by subsequent flooding. It is clearly beyond the capability of our small association to address this issue in any effective way. Property owners west of 5th Avenue are at risk, as is the City itself to the extent that 5th Avenue and utilities may be flooded or damaged by erosion and subsidence. I'm enclosing a few photos of the erosion and flooding that we've seen. We are asking the City of Edmonds to take responsibility for coordinating and addressing this issue as a matter of high priority. To a greater or lesser extent much of Edmonds may, most likely will, be impacted by flooding, and 5th Avenue South is particularly important as a major access route and business area. A possible approach might include steps such as these: 1. Geotechnical and hydrological assessments Edmonds City Council Draft Minutes September 28, 2021 Page 43 Packet Pg. 58 7.2.a a. There was a sinkhole in this area that was repaired in 2003-2004. This required repair of the culvert, repair of utilities underneath 5th Avenue South, repair of the street surface, repair of the Petosa's (now Ace's) parking lot, and a number of multi -day street closures. b. What is the current condition of the soil around the culvert entry on the east side of 5th Avenue South? Is it stable? Is it saturated? C. What is the condition of the culvert itself? It runs below the Ace parking lot and presumably some portion of the building that houses Ace and Pancake Haus. Can a remote camera inspection be done? Can test holes be dug to assess the soil around the culvert? d. What does the water flow down the long hill above the Edmonds Bowl look like? Could the flow be slowed or redirected before it reaches the Bowl? e. What does the water flow look like between 5th Avenue South and the Edmonds Marsh? Is silt carried by flood events likely to hamper recovery efforts for the marsh? 2. Scope assessment a. What are the impacts above (east) and below (west) of 5th Avenue? For example, units in the 3rd Avenue Condominiums next to City Park have experienced flooding from Shellabarger Creek in the past year. b. The culvert under 5th Avenue South may be most problematic, but there are other culverts both above and below 5th Avenue (e.g., running under Homeland Drive and Hemlock Place). What happens at those culverts during heavy storms? 3. Climate assessment a. Has the City of Edmonds maintained records of local flooding over past decades? What do those records indicate in terms of trends and the scope of the problems of flooding and erosion? b. What do climate models suggest about the frequency and severity of storms and atmospheric river events such as the Pineapple Express? C. What are other communities in the Pacific Northwest doing to prepare for future severe weather events and to mitigate future flooding, soil erosion, and mudslides? What plans does the City of Edmonds have? 4. Short-term remediation plan a. Can anything be done to reduce erosion and flooding in the short run that doesn't require long lead times or high costs? b. More proactive clearing at and around culverts? Large rocks to slow flow and reduce erosion and silting? Other ideas? 5. Long-term remediation plan a. Develop a longer -term remediation plan (including, for example, budgeting, financing, consulting, and updating City codes) working in conjunction with appropriate local, state & federal organizations. Edmonds City Council Draft Minutes September 28, 2021 Page 44 Packet Pg. 59 7.2.a b. This issue clearly goes beyond what the City of Edmonds can do on its own, but the City, rather than individual residents and businesses, should be responsible for engaging in a coordinated manner with other accountable authorities. Thank you for your attention. Sincerely, John Lyons, President, Shellabarger Creek Condominium Owners' Association Aerial view of 525 5th Ave South. Shellabarger Creek is just above the building. The Ace Hardware & Pancake Haus parking lot is on the right. Erosion caused by a single storm in late December, 2020. Edmonds City Council Draft Minutes September 28, 2021 Page 45 Packet Pg. 60 a 7.2.a City worker attempting to clear the culvert grate, which is far below where he's standing, as flooding water approaches our building foundation. Edmonds City Council Draft Minutes September 28, 2021 Page 46 Packet Pg. 61 7.2.a From: Marjorie Fields Date: September 21, 2021 at 3:43:03 PM PDT To: Council <Council@edmondswa.gov>, "Nelson, Michael" <Michael.Nelson @edmondswa.gov> Subject: Stormwater hearing Stormwater seems to be a major problem for Edmonds, and I see that the city is trying to solve some of them. However, it would have been so much better if the update could be based on the expert review of city water quality by the Salmon Safe organization — a review that is in the city plan for this year but has not yet occurred. In your response to the proposed update, I ask that the Council specifically mandate that input Edmonds City Council Draft Minutes September 28, 2021 Page 47 Packet Pg. 62 7.2.a from the Salmon Safe review be incorporated into stormwater management practices as soon as that information is available. Thank you for all you do, Marjie Fields Edmonds City Council Draft Minutes September 28, 2021 Page 48 Packet Pg. 63 7.3 City Council Agenda Item Meeting Date: 10/5/2021 Approval of claim and payroll checks. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #249270 through #249400 dated September 30, 2021 for $973,645.73. Approval of clothing allowance checks #64818 through #64820 dated September 24, 2021 for Law Enforcement Commissioned Employees in the amount of $1,343.16 per union contract. Staff Recommendations Approval of claim and payroll checks. 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 09-30-21 FrequentlyUsedProjNumbers 09-30-21 payroll summary 09-24-21 Packet Pg. 64 7.3.a vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249270 9/30/2021 076040 911 SUPPLY INC Voucher List City of Edmonds Page 0 Invoice PO # Description/Account Amoun CM-2-1520 RETURNING EXTRA PAIR OF BOOT ui RETURNING EXTRA BOOTS - DUNF 001.000.41.521.22.24.00 -129.9� 10.1 % Sales Tax U 001.000.41.521.22.24.00 -13.1 ' o INV-2-13164 INV-2-13164 - EDMONDS PD- GREE L SAFARILAND ID PANEL a 001.000.41.521.22.24.00 10.0( HEATPRESS EDMONDS PD ea 001.000.41.521.22.24.00 10.0( 2 NAME TAPES U 001.000.41.521.22.24.00 16.0( o 2 VELCRO 'R 001.000.41.521.22.24.00 10.0( o 10.1 % Sales Tax Q. 001.000.41.521.22.24.00 4.6E Q INV-2-13165 INV-2-13165 - EDMONDS PD - WEIE BIANCHI 7205 INNER BELT 001.000.41.521.22.24.00 25.5( M V2 TACTICAL PANTS 001.000.41.521.22.24.00 179.9, N DANNER STIKER BOOTS E 001.000.41.521.22.24.00 229.9E fd 10.1 % Sales Tax 001.000.41.521.22.24.00 43.9� y INV-2-13287 INV-2-13287 - EDMONDS PD - VICK, E 8 COG - 16 PATCH REMOVE/INSTAL t 001.000.41.521.22.24.00 48.0( r 8 NEW NAME TAPES Q 001.000.41.521.22.24.00 64.0( 10.1 % Sales Tax 001.000.41.521.22.24.00 11.3, INV-2-13288 INV-2-13288 - EDMONDS PD - GREI OC SPRAY POUCH Page: 1 Packet Pg. 65 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249270 9/30/2021 076040 911 SUPPLY INC 249271 9/30/2021 078588 ADELSMAN, HEDIA 249272 9/30/2021 077610 ALBA PAINTING & COATINGS 249273 9/30/2021 065568 ALLWATER INC 249274 9/30/2021 065413 ALPINE TREE SERVICE Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.41.521.22.24.00 DBL CUFF CASE 001.000.41.521.22.24.00 MOLLE RADIO CASE 001.000.41.521.22.24.00 10.1 % Sales Tax 001.000.41.521.22.24.00 Total 2006115.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Tota I : G16 CITY HALL - PAINT EXTERIOR, STU CITY HALL - PAINT EXTERIOR, STU 001.000.66.518.30.48.10 10.4% Sales Tax 001.000.66.518.30.48.10 Tota I : 091521005 WWTP: 9/15/21 ACCT: COEWASTE: Acct COEWaste:- 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 Tota I : 21-0907 YOST PARK TREE SERVICE YOST PARK TREE SERVICE 001.000.64.576.80.41.00 10.4% Sales Tax 001.000.64.576.80.41.00 Total 7.3.a Page: 2 Page: 2 Packet Pg. 66 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 3 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 249275 9/30/2021 001528 AM TEST INC 123442 WWTP: SAMPLE #21-A0013038-13C SAMPLE #21-A0013038-13042 423.000.76.535.80.41.00 N 355.0( 123544 WWTP: SAMPLE #21-A0011368 SAMPLE #21-A0011368 U 423.000.76.535.80.41.00 110.0( p 123545 WWTP: SAMPLE #21-A0012228-122 SAMPLE #21-A0012228-12234 a 423.000.76.535.80.41.00 435.0( 123546 WWTP: SAMPLE #21-A0012367-123 SAMPLE #21-A0012367-12368 E 423.000.76.535.80.41.00 80.0( TU 123547 WWTP: SAMPLE #21-A0012798-127 SAMPLE #21-A0012798-12799 0 —a 423.000.76.535.80.41.00 80.0( o 123548 WWTP: SAMPLE #21-A0012716-127 Q. SAMPLE #21-A0012716-12720 a Q 423.000.76.535.80.41.00 355.0( Total : 1,415.0( N 249276 9/30/2021 078622 ANDERSEN, CHRISTINA 2006155.009 REFUND: ACTIVITY CANCELLATIOP M REFUND: ACTIVITY CANCELLATIOP a) 001.000.239.200 224.0( Total: 224.0( 249277 9/30/2021 077543 ANOVER, CAROLYN 2006114.009 REFUND: ACTIVITY CANCELLATIOl' ; REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 608.0( E Total: 608.0( u r 249278 9/30/2021 001634 AQUA QUIP 1414308-1 WWTP: PO 661 CHLORINE TABLET r Q Picked up at Lynnwood Store.- 423.000.76.535.80.31.00 377.9 , 10.5% Sales Tax 423.000.76.535.80.31.00 39.6� Page: 3 Packet Pg. 67 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 4 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249278 9/30/2021 001634 001634 AQUA QUIP (Continued) Total : 417.6E 249279 9/30/2021 069751 ARAMARK UNIFORM SERVICES 65600000112207 WWTP: 9/22/21 UNIFORMS,TOWEL N Mats/Towels $47.88 + $4.99 tax = $5 m 423.000.76.535.80.41.00 52.8 , v 3 lab coats @ $17.each = $0.51 + tax c 423.000.76.535.80.24.00 0.5E 656000112215 PARKS MAINT UNIFORM SERVICE a PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 63.4, 10.4% Sales Tax E 001.000.64.576.80.24.00 6.5� 12 656000112218 FACILITIES DIVISION UNIFORMS - 10.4% Sales Tax O 001.000.66.518.30.24.00 3.0, > FACILITIES DIVISION UNIFORMS L 001.000.66.518.30.24.00 29.5E a Total : 156.01 Q 249280 9/30/2021 071377 ARGUELLES, ERIN WMS ARGUELLES WALKABLE MAIN STREET CONCEF N WALKABLE MAIN STREET CONCEF C? 001.000.64.571.22.41.00 990.0( c Total: 990.0( 249281 9/30/2021 070305 AUTOMATIC FUNDS TRANSFER 121907 OUT SOURCING OF UTILITY BILLS UB Outsourcing area Printing 716 422.000.72.531.90.49.00 50.0� y UB Outsourcing area Printing 716 E 421.000.74.534.80.49.00 50.0� U UB Outsourcing area Printing 716 fd 423.000.75.535.80.49.00 51.6" Q UB Outsourcing area Postage 716 421.000.74.534.80.42.00 154.7( UB Outsourcing area Postage 716 423.000.75.535.80.42.00 154.6� 10.25% Sales Tax Page: 4 Packet Pg. 68 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249281 9/30/2021 070305 AUTOMATIC FUNDS TRANSFER 249282 9/30/2021 001801 AUTOMATIC WILBERT VAULT CO 249283 9/30/2021 078600 BEEBE, ELYSE Voucher List City of Edmonds 7.3.a Page: 5 Invoice PO # Description/Account Amoun (Continued) 422.000.72.531.90.49.00 5.1 , 10.25% Sales Tax 421.000.74.534.80.49.00 5.1 10.25% Sales Tax U 423.000.75.535.80.49.00 5.2E p 121959 OUT SOURCING OF UTILITY BILLS UB Outsourcing area Printing 664 a 422.000.72.531.90.49.00 46.4,1 UB Outsourcing area Printing 664 421.000.74.534.80.49.00 46.4,1 . UB Outsourcing area Printing 664 fd U 423.000.75.535.80.49.00 47.8 � o UB Outsourcing area Postage 664 421.000.74.534.80.42.00 R 149.5� o UB Outsourcing area Postage 664 Q. 423.000.75.535.80.42.00 149.5� Q 10.25% Sales Tax 422.000.72.531.90.49.00 4.7E N 10.25% Sales Tax M 421.000.74.534.80.49.00 4.7E M 10.25% Sales Tax N 423.000.75.535.80.49.00 4.9- E Total : 931.1:.2 U 73959 ROUGH BOX - WILLIAMSON ROUGH BOX - WILLIAMSON E 130.000.64.536.20.34.00 627.0( t Total : 627.0( r r 2006128.009 REFUND: ACTIVITY CANCELLATIOP Q REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 196.0( 2006151.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 224.0( Page: 5 Packet Pg. 69 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 6 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249283 9/30/2021 078600 078600 BEEBE, ELYSE (Continued) Total : 420.0( 249284 9/30/2021 076260 BELAIR, ROGER 10009 10013 PCKLBALL 10009 10013 PICKLEBALL CLINIC If` N 10009 PICKLEBALL CLINIC INSTRU m 001.000.64.571.25.41.00 187.5( 10013 PICKLEBALL CLINIC INSTRU 001.000.64.571.25.41.00 o 187.5( Total: 375.0( a 249285 9/30/2021 078603 BENN, ALEXANDRA 2006132.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP E 001.000.239.200 258.0E 'R Total: 258.0( u 4- 0 249286 9/30/2021 074307 BLUE STAR GAS 1267667 FLEET - AUTO PROPANE 634.80 GF 'R FLEET - AUTO PROPANE 634.80 GF 0 511.000.77.548.68.34.12 L 1,368.3z 0- 1268509 FLEET - AUTO PROPANE 674.40 GF Q FLEET - AUTO PROPANE 674.40 GF .� 511.000.77.548.68.34.12 1,457.0� N Total : 2,825.4; M 249287 9/30/2021 075025 BRANDING IRON LLC 13536 DIVERSITY COMMISSION FILM SEF Diversity Commission Poster Printing y E 001.000.61.557.20.41.00 135.0E 2 Ream Cutting 001.000.61.557.20.41.00 4.0( 10.4% Sales Tax E E 001.000.61.557.20.41.00 14.4E � Total : 153.4E r Q 249288 9/30/2021 078589 BRIDEAU, CLAIRE 2006116.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 196.0( Tota I : 196.0( 249289 9/30/2021 072005 BROCKMANN, KERRY 9825 YOGA 9825 YOGA INSTRUCTION Page: 6 Packet Pg. 70 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249289 9/30/2021 072005 BROCKMANN, KERRY 249290 9/30/2021 078598 BROWN, SALLIE 249291 9/30/2021 078601 BRUNDAGE, BECCA 249292 9/30/2021 078609 BURNS, CANDACE 249293 9/30/2021 073029 CANON FINANCIAL SERVICES 249294 9/30/2021 069813 CDW GOVERNMENT INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 9825 YOGA INSTRUCTION 001.000.64.571.27.41.00 Tota I : 2006126.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Total 2006129.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Tota I : 2006138.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Tota I : 27332518 COUNCIL CANON MONTHLY CHART Monthly contract charge 001.000.11.511.60.45.00 10.4% Sales Tax 001.000.11.511.60.45.00 27332526 INV 27332526 - EDMONDS PD 9/21 -CONTRACT - 3AP01257 001.000.41.521.10.45.00 9/21 -CONTRACT - 3AP01253 001.000.41.521.10.45.00 10.4% Sales Tax 001.000.41.521.10.45.00 Total K590911 HPE ARUBA OUTDOOR POLE/WALI HPE Aruba Outdoor Pole/Wall Short I 7.3.a Page: 7 Page: 7 Packet Pg. 71 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 249294 9/30/2021 069813 CDW GOVERNMENT INC (Continued) 512.000.31.518.87.48.00 10.4% Sales Tax 512.000.31.518.87.48.00 K739516 MS EA VISIO P2 GCC P/USER MS EA VISIO P2 GCC P/U - 10/1/21 512.000.31.518.88.48.00 10.4% Sales Tax 512.000.31.518.88.48.00 Total 249295 9/30/2021 003510 CENTRAL WELDING SUPPLY CG102335 PM: YOST POOL CARBON DIOXIDE PM: YOST POOL CARBON DIOXIDE 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 LY308892 INV 308892 - CUST 2948000 - EDMC REFILL CO2 & HAZMAT CHARGE 001.000.41.521.40.31.00 10.4% Sales Tax 001.000.41.521.40.31.00 Total: 249296 9/30/2021 078596 CLARK, APRIL 2006124.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Total 249297 9/30/2021 078627 CLEMENT, GERALDINE 2006163.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Total 249298 9/30/2021 078613 COHEN, MELISSA 2006143.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 7.3.a Page: 8 Page: 8 Packet Pg. 72 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 9 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249298 9/30/2021 078613 078613 COHEN, MELISSA (Continued) Total : 224.0( 249299 9/30/2021 070323 COMCAST BUSINESS 8498310300732547 PUBLIC WRKS - DIGITAL CABLE N Public Works - 7110 210th S SW m 001.000.65.518.20.42.00 2.3( Public Works - 7110 210th S SW 111.000.68.542.90.42.00 o 11.0£ Public Works - 7110 210th S SW f° a 421.000.74.534.80.42.00 11.0£ Public Works - 7110 210th S SW 423.000.75.535.80.42.00 11.0£ E Public Works - 7110 210th S SW R 511.000.77.548.68.42.00 10.61 4- Total: 46.1f o �a 249300 9/30/2021 076577 CWT LLC 35686 CESCL RE -CERTIFICATION - M. JOI o CESCL RE -CERTIFICATION - M. JOI Q- a 422.000.72.531.90.43.00 360.0( Q Total : 360.0( N 249301 9/30/2021 064531 DINES, JEANNIE 21-4116 CITY COUNCIL, FINANCE, PPW Mll` M pspp, finance, ppw, city council minut c 001.000.25.514.30.41.00 651.6( Total : 651.6( . M 249302 9/30/2021 076172 DK SYSTEMS 25481 CITY HALL - BI ANNUAL MAINTENAI CITY HALL - BI ANNUAL MAINTENAI 001.000.66.518.30.48.00 m 5,866.5< E 10.4% Sales Tax 001.000.66.518.30.48.00 610.1- r 26598 CITY HALL - REPAIRS Q CITY HALL - REPAIRS 001.000.66.518.30.48.00 2,614.6( PREVAILING WAGE AFFIDAVIT 001.000.66.518.30.48.00 20.0( 10.4% Sales Tax Page: 9 Packet Pg. 73 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249302 9/30/2021 076172 DK SYSTEMS 249303 9/30/2021 078628 DUSCH, TYSON 249304 9/30/2021 071842 EATON CORPORATION 249305 9/30/2021 078604 EDDLEMON, NIZA 249306 9/30/2021 007625 EDMONDS ARTS FESTIVAL 249307 9/30/2021 076610 EDMONDS HERO HARDWARE Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.66.518.30.48.00 Total: 2006166.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Total 57710005 WWTP: PO 498 CENTRAL PANEL U PO 498 CENTRAL PANEL UPGRADE 423.000.76.535.80.41.00 materials 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 Total 2006133.009 REFUND: ACTIVITY CANCELLATIOI' REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Total 2006112.009 REFUND: CLEANING HOURS AFTEI REFUND: CLEANING HOURS AFTEI 001.000.239.200 Total: 2581 PM: BATTERIES, ORGANIZERS, LAI PM: BATTERIES, ORGANIZERS, LAI 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 2596 CITY HALL - SUPPLIES/ NUTS & BO CITY HALL - SUPPLIES/ NUTS & BO 001.000.66.518.30.31.00 7.3.a Page: 10 Page: 10 Packet Pg. 74 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249307 9/30/2021 076610 EDMONDS HERO HARDWARE 249308 9/30/2021 008705 EDMONDS WATER DIVISION Voucher List City of Edmonds 7.3.a Page: 11 Invoice PO # Description/Account Amoun (Continued) 10.4% Sales Tax 001.000.66.518.30.31.00 N 3.6, 2598 WATER - SUPPLIES WATER - SUPPLIES U 421.000.74.534.80.31.00 13.9� p 10.4% Sales Tax 421.000.74.534.80.31.00 1.4E a 2601 PM: GUTTER SCRAPER, GUTTER 5 PM: GUTTER SCRAPER, GUTTER 5 001.000.64.576.80.31.00 15.5E . 10.4% Sales Tax 001.000.64.576.80.31.00 1.6, o 2603 PM: PLASTER, RIVETS 'R PM: PLASTER, RIVETS o 001.000.64.576.80.31.00 19.11 Q. 10.4% Sales Tax C 001.000.64.576.80.31.00 1.9� 2604 PM: GARDEN SPRAYER N PM: GARDEN SPRAYER o 001.000.64.576.80.31.00 M 19.9E d) 10.4% Sales Tax 001.000.64.576.80.31.00 2.0E E Total : 151.1( .� 3-01808 LIFT STATION #11 6807 157TH PL S' LIFT STATION #11 6807 157TH PL S' d 423.000.75.535.80.47.10 58.6( t 3-03575 CLUBHOUSE 6801 N MEADOWDAL CLUBHOUSE 6801 N MEADOWDAL r Q 001.000.66.518.30.47.00 443.3� 3-07490 HAINES WHARF PARK DRINKING F HAINES WHARF PARK DRINKING F 001.000.64.576.80.47.00 109.8, 3-07525 LIFT STATION #12 16100 75TH AVE LIFT STATION #12 16100 75TH AVE Page: 11 Packet Pg. 75 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher 249308 249309 249310 Voucher List City of Edmonds Date Vendor Invoice 9/30/2021 008705 EDMONDS WATER DIVISION (Continued) 3-07709 3-09350 3-09800 3-29875 3-38565 6-01127 6-01130 6-01140 9/30/2021 075475 EDMONDS WOODWAY MUSIC BOOSTEF WMS EWHS 9/30/2021 078623 ESCAREZ, MARIA FRANCESCA 2006156.009 7.3.a Page: 12 PO # Description/Account Amoun 423.000.75.535.80.47.10 53.9, LIFT STATION #15 7701 168TH ST S LIFT STATION #15 7701 168TH ST S t 423.000.75.535.80.47.10 58.6( LIFT STATION #4 8313 TALBOT RD i o LIFT STATION #4 8313 TALBOT RD 423.000.75.535.80.47.10 109.8, a LIFT STATION #10 17612 TALBOT R LIFT STATION #10 17612 TALBOT R sa 423.000.75.535.80.47.10 53.91 E LIFT STATION #9 8001 SIERRA DR / LIFT STATION #9 8001 SIERRA DR / 423.000.75.535.80.47.10 53.91 o SPRINKLER FOR RHODIES 18410 c > SPRINKLER FOR RHODIES 18410 C Q. 001.000.64.576.80.47.00 53.9z WWTP: 9/15/21 METER 2088: 200 21 Q 9/15/21 200 2ND AVE S / METER 20 N 423.000.76.535.80.47.64 263.5E c WWTP: 9/15/21 METER 9439: 200 Z M 200 2ND AVE S / METER 9439 c 423.000.76.535.80.47.64 23.7E WWTP: 9/15/21 METER 5010484: 2C 9/15/21 200 2ND AVE S / METER 5( 423.000.76.535.80.47.64 2,645.2E Total: 3,928.51, t WALKABLE MAIN STREET PERFOF U WALKABLE MAIN STREET PERFOF r Q 001.000.64.571.22.41.00 1.150.0( WALKABLE MAIN STREET PERFOF 117.100.64.573.20.41.00 200.0( Total : 1,350.0( REFUND: ACTIVITY CANCELLATIOP Page: 12 Packet Pg. 76 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 13 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249310 9/30/2021 078623 ESCAREZ, MARIA FRANCESCA (Continued) REFUND: ACTIVITY CANCELLATIOI 001.000.239.200 224.0( Tota I : 224.0( 249311 9/30/2021 076939 ESSENTRICALLY FIT LLC 10054 ESSENTRICS 10054 ESSENTRICS CLASS INSTRI 10054 ESSENTRICS CLASS INSTRI 001.000.64.571.27.41.00 172.5( Total : 172.5( 249312 9/30/2021 009350 EVERETT DAILY HERALD EDH938350 LEGAL DESCRIPT: ENGMANN - BIN Legal Descript: Engmann - Bike Park 001.000.62.558.60.41.40 35.0( EDH938351 LEGAL DESCRIPT: ERIC ENGMANI Legal Descript: Eric Engmann - Vehi( 001.000.62.558.60.41.40 46.2( EDH938653 LEGAL DESCRIP: PLN2021-0042 -S Legal Descrip: PLN2021-0042 -SHIP 001.000.62.558.60.41.40 44.8( EDH938691 LEGAL DESCRIP: PLN2021-0052 - 1 Legal Descrip: PLN2021-0052 - Llen 001.000.62.558.60.41.40 40.6( Tota I : 166.6( 249313 9/30/2021 009815 FERGUSON ENTERPRISES INC 0998729 WATER - SUPPLIES WATER - SUPPLIES 421.000.74.534.80.31.00 321.4E 10.4% Sales Tax 421.000.74.534.80.31.00 33.4< Tota I : 354.8( 249314 9/30/2021 078624 FLEITAS, CHIEKO 2006160.009 REFUND: ACTIVITY CANCELLATIOI REFUND: ACTIVITY CANCELLATIOI 001.000.239.200 258.0( Tota I : 258.0( 249315 9/30/2021 075871 FLOW TECHNOLOGIES INC 1321 SEWER - INTSTALL T LINER TO REI Page: 13 Packet Pg. 77 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249315 9/30/2021 075871 FLOW TECHNOLOGIES INC 249316 9/30/2021 078605 FOTHERGILL, VANESSA 249317 9/30/2021 078629 FRANKO, NICHOLE 249318 9/30/2021 078617 GALE, GINA Voucher List City of Edmonds Invoice (Continued) 2006134.009 2006139.009 2006168.009 2006149.009 249319 9/30/2021 072585 GLOBAL EQUIPMENT COMPANY INC 118016467 249320 9/30/2021 076542 GRANICUS 144094 PO # Description/Account SEWER - INTSTALL T LINER TO RE 423.000.75.535.80.48.00 10.4% Sales Tax 423.000.75.535.80.48.00 Total REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Total REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOI' 001.000.239.200 Total REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Total F.A.C. - SUPPLIES/ PARTITIONS F.A.C. - SUPPLIES/ PARTITIONS 001.000.66.518.30.31.00 Freight 001.000.66.518.30.31.00 10.4% Sales Tax 001.000.66.518.30.31.00 Total CIVIC STREAMING, AGENDA & MIN civic streaming, agenda and minutes 7.3.a Page: 14 Page: 14 Packet Pg. 78 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 15 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 249320 9/30/2021 076542 GRANICUS (Continued) 001.000.25.514.30.41.00 1,417.5- 10.4% Sales Tax 001.000.25.514.30.41.00 147.41' Tota I : 1,564.9' 249321 9/30/2021 078198 GRIFFITH, CAITLIN 2006167.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 224.0( Total : 224.0( 249322 9/30/2021 078625 GRUENWALD, RACHEL 2006161.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 258.0( Total : 258.0( 249323 9/30/2021 078618 GUTIERREZ, REMY 2006150.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 448.0( Tota I : 448.0( 249324 9/30/2021 078610 HALEY, JENNY 2006140.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 193.0( Tota I : 193.0( 249325 9/30/2021 074804 HARLES, JANINE 284603 PHOTOGRAPHY & INSTAGRAM SEI PHOTOGRAPHY & INSTAGRAM SEI 001.000.61.558.70.41.00 300.0( Total : 300.0( 249326 9/30/2021 078611 HAUGEN, ELENA 2006141.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 168.0( Tota I : 168.0( 249327 9/30/2021 078606 HAUSER, TANYA 2006135.009 REFUND: ACTIVITY CANCELLATIOP Page: 15 Packet Pg. 79 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 16 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249327 9/30/2021 078606 HAUSER, TANYA (Continued) REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 N 448.0( Total: 448.0( U 249328 9/30/2021 078612 HERMSEN, ASHLEY 2006142.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOl' o 001.000.239.200 168.0( a Total : 168.0( -o c �a 249329 9/30/2021 078607 HJORT, SHELBY 2006136.009 REFUND: ACTIVITY CANCELLATIOP E REFUND: ACTIVITY CANCELLATIOP M 001.000.239.200 224.0( ,u Total: 224.0( o 249330 9/30/2021 067862 HOME DEPOT CREDIT SERVICES 1023157 PUBLIC WORKS - FLOOR SUPPLIE R o PUBLIC WORKS - FLOOR SUPPLIE L Q- 001.000.66.518.30.31.00 a 29.9E Q 10.3% Sales Tax ., 001.000.66.518.30.31.00 3.0� N 1023177 CITY PARK - SUPPLIES FOR THOM' M CITY PARK - SUPPLIES FOR THOM' c 001.000.66.518.30.31.00 43.9 , 10.3% Sales Tax E 001.000.66.518.30.31.00 4.5 TU 1024488 MEADOWDALE CLUB HOUSE - SUF MEADOWDALE CLUB HOUSE - SUF m 001.000.66.518.30.31.00 72.6E E 10.3% Sales Tax U 001.000.66.518.30.31.00 7.4E r 1251008 PUBLIC WORKS - FLOOR SUPPLIE Q PUBLIC WORKS - FLOOR SUPPLIE 001.000.66.518.30.31.00 -46.9 , 10.3% Sales Tax 001.000.66.518.30.31.00 -4.8z 1251757 FIRE STATION 20 - SUPPLIES VOLT Page: 16 Packet Pg. 80 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249330 9/30/2021 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds 7.3.a Page: 17 Invoice PO # Description/Account Amoun (Continued) FIRE STATION 20 - SUPPLIES VOLT 001.000.66.518.30.31.00 N -5.9 , 10.3% Sales Tax 001.000.66.518.30.31.00 -0.6" u 1623083 SEWER - SUPPLIES p SEWER - SUPPLIES 423.000.75.535.80.31.00 6.4E m 10.3% Sales Tax 423.000.75.535.80.31.00 0.6 , ca 24525 TRAFFIC - SUPPLIES E TRAFFIC - SUPPLIES R U 111.000.68.542.64.31.00 105.8z o 10.3% Sales Tax 'R 111.000.68.542.64.31.00 10.9( o 24556 CITY HALL - SUPPLIES Q. 10.3% Sales Tax C 001.000.66.518.30.31.00 9.5 1 CITY HALL - SUPPLIES N 001.000.66.518.30.31.00 92.9, cn 3012318 FAC MAINT - SUPPLIES M d) FAC MAINT - SUPPLIES c 001.000.66.518.30.31.00 y 27.8( E 10.3% Sales Tax M 001.000.66.518.30.31.00 2.8E u 3015495 FAC MAINT - SUPPLIES c FAC MAINT - SUPPLIES E E 001.000.66.518.30.31.00 30.9z u 10.3% Sales Tax 001.000.66.518.30.31.00 r 3.1 f Q 3024225 WATER - SUPPLIES/ CONCRETE M WATER - SUPPLIES/ CONCRETE M 421.000.74.534.80.31.00 179.8E 10.3% Sales Tax 421.000.74.534.80.31.00 18.5< Page: 17 Packet Pg. 81 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249330 9/30/2021 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds 7.3.a Page: 18 Invoice PO # Description/Account Amoun (Continued) 4012171 F.A.C. - SUPPLIES FOR ROOM 112 F.A.C. - SUPPLIES FOR ROOM 112 001.000.66.518.30.31.00 259.1 , 10.3% Sales Tax 001.000.66.518.30.31.00 26.6� p 4022858 PUBLIC WORKS - SUPPLIES/ PAIM >, 10.3% Sales Tax a 001.000.66.518.30.31.00 10.8- PUBLIC WORKS - SUPPLIES/ PAIM 001.000.66.518.30.31.00 104.9' . 4024005 F.A.C. - SUPPLIES F.A.C. - SUPPLIES o 001.000.66.518.30.31.00 64.8z 'R 10.3% Sales Tax o 001.000.66.518.30.31.00 6.6£ Q. 5022674 MUSEUM - SUPPLIES (RETURNED) C < MUSEUM - SUPPLIES (RETURNED) 001.000.66.518.30.31.00 41.9z N 10.3% Sales Tax o 001.000.66.518.30.31.00 M 4.3, 5081224 MUSEUM - SUPPLIES MUSEUM - SUPPLIES E E 001.000.66.518.30.31.00 41.9z .� 10.3% Sales Tax 001.000.66.518.30.31.00 4.3, c 523031 FAC MAINT - SUPPLIES m E 10.3% Sales Tax 001.000.66.518.30.31.00 4.9z FAC MAINT - SUPPLIES Q 001.000.66.518.30.31.00 47.9, 5250699 MUSEUM SUPPLIES RETURNED MUSEUM SUPPLIES RETURNED 001.000.66.518.30.31.00 -41.9z 10.3% Sales Tax Page: 18 Packet Pg. 82 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 19 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 249330 9/30/2021 067862 HOME DEPOT CREDIT SERVICES (Continued) 001.000.66.518.30.31.00 -4.3, 5521967 FIRE STATION 20 - SUPPLIES FIRE STATION 20 - SUPPLIES m 001.000.66.518.30.31.00 t 65.9" u 10.3% Sales Tax o 001.000.66.518.30.31.00 6.7� `5% 7022436 FAC MAINT - SHOP SUPPLIES a FAC MAINT - SHOP SUPPLIES 001.000.66.518.30.31.00 14.3 j 10.3% Sales Tax E 001.000.66.518.30.31.00 1.4E TU 7023756 PUBLIC WORKS - SUPPLIES FOR E PUBLIC WORKS - SUPPLIES FOR o —a 001.000.66.518.30.31.00 88.9, o 10.3% Sales Tax Q. 001.000.66.518.30.31.00 9.1 E Q 8023641 FAC MAINT - SHOP SUPPLIES �- FAC MAINT - SHOP SUPPLIES N 001.000.66.518.30.31.00 94.8E o 10.3% Sales Tax M rn 001.000.66.518.30.31.00 9.7 1 8513192 F.A.C. - SUPPLIES/ LED STRING LI( E E F.A.C. - SUPPLIES/ LED STRING LI( 001.000.66.518.30.31.00 169.4< 10.3% Sales Tax 001.000.66.518.30.31.00 17.4E E Total: 1,643.1F �a 249331 9/30/2021 061013 HONEY BUCKET 0552294662 SIERRA PARK HONEY BUCKET Q SIERRA PARK HONEY BUCKET 001.000.64.576.80.45.00 275.0( 0552325515 FRANCES ANDERSON CENTER HC FRANCES ANDERSON CENTER HC 001.000.64.576.80.45.00 352.0( Page: 19 Packet Pg. 83 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 20 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249331 9/30/2021 061013 061013 HONEY BUCKET (Continued) Total : 627.0( 249332 9/30/2021 073548 INDOFF INCORPORATED 3507003 WWTP: PO 667 TRASH LINERS / C( PO 667 TRASH LINERS / COPY PAI 423.000.76.535.80.31.00 274.5 10.4% Sales Tax 423.000.76.535.80.31.00 28.5! Total : 303.0E 249333 9/30/2021 077390 ISHIGAKI USA LTD 1591 WWTP: PO 544 LIP SEAL PO 544 LIP SEALS 423.000.76.535.80.48.00 7,909.4( Freight 423.000.76.535.80.48.00 416.1 , Total : 8,325.5: 249334 9/30/2021 075062 JAMESTOWN NETWORKS 6654 FIBER OPTICS INTERNET CONNEC Oct-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( Total: 651.3E 249335 9/30/2021 078593 KOROSTELEV, ANDREI 2006121.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 224.0( Tota I : 224.0( 249336 9/30/2021 078626 KUROSE, RIKA 2006162.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 258.0( 2006169.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 258.0( Total: 516.0( 249337 9/30/2021 017135 LANDAU ASSOCIATES INC 0048734 PROF. SERV FOR BLDG FOR BLD2 Page: 20 Packet Pg. 84 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 21 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 249337 9/30/2021 017135 LANDAU ASSOCIATES INC (Continued) Prof. Sery for BLDG for BLD2021-09E 001.000.62.524.20.41.00 500.0( 0049043 PROF SERV FOR BLDG FOR BLD2( Prof Sery for BLDG for BLD2021-098 001.000.62.524.20.41.00 2,330.0( 0049054 WWTP: PROF SRV THRU 9/22/21 F PROF SRV THRU 9/22/21 FOR C51 423.100.76.594.39.41.00 1,947.5( Total : 4,777.5( 249338 9/30/2021 078620 LARSON, ELLEN 2006153.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 224.0( Tota I : 224.0( 249339 9/30/2021 078631 LE TRONG, ISOLDE 2006176.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOI' 001.000.239.200 70.0( Tota I : 70.0( 249340 9/30/2021 078614 LEGGETT, ALEXANDRA 2006144.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 168.0( Total : 168.0( 249341 9/30/2021 075159 LIFE INSURANCE CO OF NO AMER October Cigna OCTOBER CIGNA PREMIUMS October Cigna Insurance Premiums 811.000.231.550 12,745.2, Total : 12,745.2: 249342 9/30/2021 078630 LOSIC, DANIJELA 2006174.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 200.0( Tota I : 200.0( 249343 9/30/2021 078615 LOZINSKI, YELENA 2006145.009 REFUND: ACTIVITY CANCELLATIOP Page: 21 Packet Pg. 85 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 22 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249343 9/30/2021 078615 LOZINSKI, YELENA (Continued) REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 168.0( Tota I : 168.0( 249344 9/30/2021 074263 LYNNWOOD WINSUPPLY CO 047949 01 PM: IRRIGATION SUPPLIES PM: IRRIGATION SUPPLIES 130.000.64.536.50.31.00 39.6! 10.4% Sales Tax 130.000.64.536.50.31.00 4.1 , Total : 43.7, 249345 9/30/2021 078594 MARTIN, JENNIFER 2006122.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 258.0( Total : 258.0( 249346 9/30/2021 078608 MCKIMMIE, HEATHER 2006137.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 224.0( 2006170.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 224.0( Total : 448.0( 249347 9/30/2021 078599 MYERS, DARIA 2006127.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 168.0( Tota I : 168.0( 249348 9/30/2021 024302 NELSON PETROLEUM 0775609-IN WWTP: P66 SYNCON P66 SYNCON 423.000.76.535.80.31.00 5,461.6, 10.4% Sales Tax 423.000.76.535.80.31.00 568.0 Total : 6,029.6: Page: 22 Packet Pg. 86 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 23 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249349 9/30/2021 078582 NEWHOUSE, COURTNEY 2006147.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 168.0( Tota I : 168.0( 249350 9/30/2021 078062 NILSEN, APRIL 2006146.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 224.0( Total : 224.0( 249351 9/30/2021 078590 NOELCK, CHANTALLE 2006117.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 196.0( Tota I : 196.0( 249352 9/30/2021 063750 ORCA PACIFIC INC 051704 YOST POOL SUPPLIES YOST POOL SUPPLIES: CHEMICAL 001.000.64.576.80.31.00 895.5 10.4% Sales Tax 001.000.64.576.80.31.00 93.1 Tota I : 988.7' 249353 9/30/2021 072739 O'REILLYAUTO PARTS 3685-160423 UNIT 121 - PARTS/ GREASE UNIT 121 - PARTS/ GREASE 511.000.77.548.68.31.10 11.9E 10.4% Sales Tax 511.000.77.548.68.31.10 1.2E 3685-160749 UNIT 121 -PARTS/ AIR FILTER UNIT 121 -PARTS/ AIR FILTER 511.000.77.548.68.31.10 52.5� 10.4% Sales Tax 511.000.77.548.68.31.10 5.4( Total : 71.2; 249354 9/30/2021 065051 PARAMETRIX INC 29473 WWTP: THRU 8/28/21 DESIGN SER THRU 8/28/21 DESIGN SERVICES Page: 23 Packet Pg. 87 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249354 9/30/2021 065051 PARAMETRIX INC 249355 9/30/2021 027450 PAWS Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 423.100.76.594.39.41.00 29474 WWTP: THRU 8/28/21 CONSTRUCT THRU 8/28/21 CONSTRUCTION SEF 423.100.76.594.39.41.00 29475 WWTP: THRU 8/28/21 ON CALL SEF THRU 8/28/21 ON CALL SERVICES 423.000.76.535.80.41.00 Total AUG 2021 AUG 2021 - EDMONDS PD 10 RECD $207 - $35 CRIED X 3 001.000.41.521.70.41.00 Total: 249356 9/30/2021 070431 PITNEYBOWES EASYPERMIT POSTAGE 8000 9090 0618 6873 249357 9/30/2021 046900 PUGET SOUND ENERGY 200000704821 200002411383 200007876143 200009595790 200011439656 200016558856 POSTAGE postage 001.000.25.514.30.42.00 Total : FRANCES ANDERSON CENTER 70( FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 YOST PARK/POOL 9535 BOWDOIN YOST PARK/POOL 9535 BOWDOIN 001.000.64.576.80.47.00 OLD PUBLIC WORKS 200 DAYTON OLD PUBLIC WORKS 200 DAYTON 421.000.74.534.80.47.00 FIRE STATION #16 8429 196TH ST FIRE STATION #16 8429 196TH ST 001.000.66.518.30.47.00 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 CIVIC CENTER 250 5TH AVE N / ME 7.3.a Page: 24 Amoun 1,255.0( ui m t 12,219.6, u 0 L 2,998.7E a 16,473.31, c �a E M 1,965.0( ,- 1,965.0( o �a 0 L Q a 259.6z Q 259.6' N O M 82.8- y E 2,351.4(; c m E 41.2( U �a r Q 278.2E 84.1 Page: 24 Packet Pg. 88 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249357 9/30/2021 046900 PUGET SOUND ENERGY Voucher List City of Edmonds 7.3.a Page: 25 Invoice PO # Description/Account Amoun (Continued) CIVIC CENTER 250 5TH AVE N / ME 001.000.66.518.30.47.00 N 59.3f 200016815843 FIRE STATION #17 275 6TH AVE N / FIRE STATION #17 275 6TH AVE N / U 001.000.66.518.30.47.00 230.9, p 200017676343 FLEET MAINTENANCE BAY 21105 7 FLEET MAINTENANCE BAY 21105 7 a 511.000.77.548.68.47.00 82.9- 200019375639 MEADOWDALE CLUBHOUSE 6801 MEADOWDALE CLUBHOUSE 6801 E 001.000.66.518.30.47.00 87.0E TU 200019895354 SNO-ISLE LIBRARY 650 MAIN ST / IN SNO-ISLE LIBRARY 650 MAIN ST / o 001.000.66.518.30.47.00 M 38.0" o 200020415911 PUBLIC WORKS OMC 7110 210TH ; Q. PUBLIC WORKS OMC 7110 210TH : a Q 001.000.65.518.20.47.00 5.8E PUBLIC WORKS OMC 7110 210TH ; N 111.000.68.542.90.47.00 22.2E o PUBLIC WORKS OMC 7110 210TH ; 421.000.74.534.80.47.00 22.2E PUBLIC WORKS OMC 7110 210TH ; E E 423.000.75.535.80.47.10 22.2E .� PUBLIC WORKS OMC 7110 210TH ; 511.000.77.548.68.47.00 22.2E c PUBLIC WORKS OMC 7110 210TH ; E E 422.000.72.531.90.47.00 22.2E u 200024711901 CITY PARK BUILDING 600 3RD AVE CITY PARK BUILDING 600 3RD AVE Q 001.000.66.518.30.47.00 72.1 220027305568 WWTP: 8/19-9/21/21 200 2ND AVE! 8/19-9/21/21 200 2ND AVE S, #WST- 423.000.76.535.80.47.63 45.7E Total : 3,571.W Page: 25 Packet Pg. 89 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 249358 9/30/2021 070789 QUALITY CONTROL SERVICES INC 64811 249359 249360 249361 249362 9/30/2021 078648 QUANTICO TACTICAL INCORPORATED 16299 9/30/2021 074712 RAINIER ENVIRONMENTAL LAB 9/30/2021 078587 RAWSON, JACOB 4310 2006113.009 9/30/2021 076687 REBUILD -IT SERVICES GROUP LLC 11548 PO # Description/Account WWTP: CERTIFY WEIGHTS CERTIFY WEIGHTS 423.000.76.535.80.41.00 Total : INV 16299 - EDMONDS PD - SWAT DEF STICKER LEFT 628.000.41.589.40.31.00 DEF STICKER RIGHT 628.000.41.589.40.31.00 DEFENSE TARGET IV 628.000.41.589.40.31.00 DEFENSE TARGET STICKER LH 628.000.41.589.40.31.00 DEF TARGET STICKER HP 628.000.41.589.40.31.00 DEF TARGET STICKER CHEST 628.000.41.589.40.31.00 DEFENSE TARGET STICKER II 628.000.41.589.40.31.00 Freight 628.000.41.589.40.31.00 Total WWTP: DMRQS STUDY 41 DMRQS STUDY 41 423.000.76.535.80.41.00 Total ; REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Total WWTP: SKIMMING FLAG & DEVICE SKIMMING FLAG & DEVICE 7.3.a Page: 26 Amoun N 239.7,' 239.7E U 0 16.5( a 16.5( E 19.7E R U 16.5( R 25.0( QCL 25.0( Q N 19.7E o M a) 13.0( 152.0( E c 200.0( m 200.0( t U �a Q 224.0( 224.0( Page: 26 Packet Pg. 90 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 27 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 249362 9/30/2021 076687 REBUILD -IT SERVICES GROUP LLC (Continued) 423.000.76.535.80.35.00 18,743.0( 10.4% Sales Tax 423.000.76.535.80.35.00 1,949.2, Total: 20,692.2 , 249363 9/30/2021 078602 REYES, KELSEY 2006130.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 196.0( 2006131.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 196.0( Tota I : 392.0( 249364 9/30/2021 078591 RICHARDSON, VICKIE 2006118.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOI' 001.000.239.200 196.0( Total : 196.0( 249365 9/30/2021 064769 ROMAINE ELECTRIC 5-033489 UNIT 6 - BATTERY UNIT 6 - BATTERY 511.000.77.548.68.31.10 105.3� 10.4% Sales Tax 511.000.77.548.68.31.10 10.9E Total : 116.3! 249366 9/30/2021 065044 ROTARY CLUB OF EDMONDS PWB-210002 PUBLIC WORKS BANNER PROGRA Rotary Club of Edmonds - Oktoberfes 111.000.322.40.000.00 200.0( Total : 200.0( 249367 9/30/2021 074256 RYDIN DECAL 385540 PARKING PERMIT DECALS parking permit decals 121.000.25.542.65.31.00 1,146.8`, Tota I : 1,146.8! 249368 9/30/2021 078584 SCOVILLE, CHRISTINE 2006109.009 REFUND: ACTIVITY CANCELLATIOP Page: 27 Packet Pg. 91 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 249368 9/30/2021 078584 SCOVILLE, CHRISTINE (Continued) REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Tota I : 249369 9/30/2021 075391 SIDEWALK CINEMA 340643 OUTDOOR MOVIE NIGHTS 2021 OUTDOOR MOVIE NIGHTS 2021 001.000.64.571.22.41.00 10.4% Sales Tax 001.000.64.571.22.41.00 Total 249370 9/30/2021 065803 SKYHAWKS SPORTS ACADEMY LLC 9747 SKYHAWKS 9747 SOCCER CAMP INSTRUCTIOI` 9747 SKYHAWKS SOCCER CAMP II 001.000.64.571.25.41.00 9748 SKYHAWKS 9748 SOCCER CAMP INSTRUCTIOI` 9748 SKYHAWKS SOCCER CAMP II 001.000.64.571.25.41.00 Total 249371 9/30/2021 077593 SMITH, DANIELLE 2006165.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 2006171.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Tota I : 249372 9/30/2021 078616 SMITH, ELANA 2006148.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 Total 249373 9/30/2021 077815 SMITH, KASSANDRA 2006164.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 7.3.a Page: 28 Page: 28 Packet Pg. 92 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249373 9/30/2021 077815 077815 SMITH, KASSANDRA 249374 9/30/2021 037375 SNO CO PUD NO 1 Voucher List City of Edmonds 7.3.a Page: 29 Invoice PO # Description/Account Amoun (Continued) Total : 224.0( 200202547 PEDEST CAUTION LIGHT 21930 95- N PEDEST CAUTION LIGHT 21930 95- m 111.000.68.542.64.47.00 15.4E 200260271 YOST POOL — YOST POOL 001.000.64.576.80.47.00 1,638.9( a 200348233 TRAFFIC LIGHT 22000 84TH AVE W TRAFFIC LIGHT 22000 84TH AVE W �a 111.000.68.542.64.47.00 39.7E E 200386456 CLUBHOUSE 6801 MEADOWDALE R CLUBHOUSE 6801 MEADOWDALE U 001.000.66.518.30.47.00 41.6E 200398956 FIRE STATION #16 8429 196TH ST ; > FIRE STATION #16 8429 196TH ST ; o 001.000.66.518.30.47.00 841.6E a 200468593 LIFT STATION #4 8311 TALBOT RD / Q LIFT STATION #4 8311 TALBOT RD / 423.000.75.535.80.47.10 193.2< c 200611317 LIFT STATION #9 19300 80TH AVE V C? LIFT STATION #9 19300 80TH AVE V c 423.000.75.535.80.47.10 121.9" 200638609 OLD PUBLIC WORKS 200 DAYTON E OLD PUBLIC WORKS 200 DAYTON 421.000.74.534.80.47.00 188.81 200714038 SEAVIEW PARK SEAVIEW PARK E 001.000.64.576.80.47.00 22.6E u. 200739845 SEAVIEW RESERVOIR 18520 90TH Q SEAVIEW RESERVOIR 18520 90TH 421.000.74.534.80.47.00 20.1 z 200865202 LIFT STATION #3 1529 NORTHSTRE LIFT STATION #3 1529 NORTHSTRE 423.000.75.535.80.47.10 57.1 201197084 SEAVIEW PARK Page: 29 Packet Pg. 93 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249374 9/30/2021 037375 SNO CO PUD NO 1 Voucher List City of Edmonds 7.3.a Page: 30 Invoice PO # Description/Account Amoun (Continued) SEAVIEW PARK 001.000.64.576.80.47.00 N 24.5E 201236825 FISHING PIER RESTROOMS FISHING PIER RESTROOMS U 001.000.64.576.80.47.00 150.51 p 201265980 LIFT STATION #12 16121 75TH PL � >, LIFT STATION #12 16121 75TH PL � a 423.000.75.535.80.47.10 137.1 £ 201327111 PINE ST PARK PINE ST PARK E 001.000.64.576.80.47.00 20.0 TU 201374964 LIFT STATION #11 6811 1/2 157TH P LIFT STATION #11 6811 1/2 157TH P o 423.000.75.535.80.47.10 �a 17.9, o 201551744 SNO-ISLE LIBRARY 650 MAIN ST / � Q. SNO-ISLE LIBRARY 650 MAIN ST / � a Q 001.000.66.518.30.47.00 1.062.3E 201572898 TRAFFIC LIGHT 117 3RD AVE S / ME N TRAFFIC LIGHT 117 3RD AVE S / ME c 111.000.68.542.64.47.00 44.81 201594488 LIFT STATION #15 7710 168TH PL S LIFT STATION #15 7710 168TH PL S N E 423.000.75.535.80.47.10 19.1 201751476 TRAFFIC LIGHT 9932 220TH ST SW TRAFFIC LIGHT 9932 220TH ST SW 111.000.68.542.64.47.00 51.2( 201782646 TRAFFIC LIGHT 901 WALNUT ST / I\ TRAFFIC LIGHT 901 WALNUT ST / l\ r 111.000.68.542.64.47.00 20.0' Q 201942489 PUBLIC WORKS OMC 7110 210TH PUBLIC WORKS OMC 7110 210TH 001.000.65.518.20.47.00 75.3< PUBLIC WORKS OMC 7110 210TH 111.000.68.542.90.47.00 286.2E PUBLIC WORKS OMC 7110 210TH Page: 30 Packet Pg. 94 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 31 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 249374 9/30/2021 037375 SNO CO PUD NO 1 (Continued) 421.000.74.534.80.47.00 286.2E ^ PUBLIC WORKS OMC 7110 210TH ; Y 423.000.75.535.80.47.10 286.2E PUBLIC WORKS OMC 7110 210TH ; U 511.000.77.548.68.47.00 286.2E p PUBLIC WORKS OMC 7110 210TH ; >, 422.000.72.531.90.47.00 286.2E m 202250627 9TH/GASPER LANDSCAPED BED 9TH/GASPER LANDSCAPED BED c 001.000.64.576.80.47.00 19.4E . 202291662 CIVIC CENTER & FIRE STATION #1, CIVIC CENTER & FIRE STATION #1, o 001.000.66.518.30.47.00 5,155.3, R 202439246 CITY HALL 121 5TH AVE N / METER o CITY HALL 121 5TH AVE N / METER Q. 001.000.66.518.30.47.00 1,820.6< Q 202807632 TRAFFIC LIGHT 8429 196TH ST SW TRAFFIC LIGHT 8429 196TH ST SW N 001.000.66.518.30.47.00 16.9, o 203652151 FIVE CORNERS RESERVOIR 85191 FIVE CORNERS RESERVOIR 85191 421.000.74.534.80.47.00 121.7z E 220216386 PEDEST CAUTION LIGHTS 8410 MF PEDEST CAUTION LIGHTS 8410 MF 111.000.68.542.64.47.00 58.9E 222704280 WWTP: 8/18-9/17/21 METER 10001� t 8/18-9/17/21 METER 1000135381: 2( 423.000.76.535.80.47.61 U 21,175.7E �a Total : 34,604.7z Q 249375 9/30/2021 063941 SNO CO SHERIFFS OFFICE 2021-7009 INV 2021-7009 EDMONDS PD - INM, INMATE MEDS - AUG 2021 001.000.39.523.60.31.00 3,527.7z Total : 3,527.7z Page: 31 Packet Pg. 95 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249376 9/30/2021 063941 SNO CO SHERIFFS OFFICE 249377 249378 249379 249380 249381 249382 Voucher List City of Edmonds Invoice 1000570397 9/30/2021 072776 SNOHOMISH CONSERVATION DIST 5136 9/30/2021 037303 SO SNOHOMISH CO FIRE & RESCUE Oct-21 9/30/2021 078417 SOLOMON ARTS & ENTERTAINMENT WMS SOLOMON 9/30/2021 077080 SULLIVAN, MATTHEW JAMES 9/30/2021 078387 SULLIVAN-TARAZI, ODILE 9/30/2021 078585 TING, ELISABETH WOTS CONTRACT WOTS CONTRACT 2006110.009 7.3.a Page: 32 PO # Description/Account Amoun 1000570397 - CUST SSH00095 - EDP 8/19 GUN RANGE USE 9.51-IRS @$E ui 001.000.41.521.40.41.00 807.5( 8/20 GUN RANGE USE 9.5HRS @$E 001.000.41.521.40.41.00 t 807.5( U 8/23 GUN RANGE USE 7HRS @ $8E 0 001.000.41.521.40.41.00 L 595.0( >% 8/24 GUN RANGE USE 10HRS @ $E a 001.000.41.521.40.41.00 850.0( Total: 3,060.0( E7FG SERVICES THRU 12/31/2020 R E7FG SERVICES THRU 12/31/2020 4- 422.000.72.531.90.41.20 769.9, o Total: 769.9, > 0 L OCT-2021 FIRE SERVICES CONTR) Q- a Oct-2021 Fire Services Contract Payr Q 001.000.39.522.20.41.50 654,236.4, Total : 654,236.4: c M WALKABLE MAIN STREET PERFOF c WALKABLE MAIN STREET PERFOF y 001.000.64.571.22.41.00 500.0( . Total: 500.0( TU WOTS MANUSCRIPT CRITIQUES Al WOTS MANUSCRIPT CRITIQUES Al E 117.100.64.573.20.41.00 140.0( U Total : 140.0( r Q WOTS NONFICTION WRITING CON WOTS Contract for Professional 117.100.64.573.20.41.00 130.0( Total : 130.0( REFUND: ACTIVITY CANCELLATIOP Page: 32 Packet Pg. 96 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 33 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249382 9/30/2021 078585 TING, ELISABETH (Continued) REFUND: ACTIVITY CANCELLATIOI' 001.000.239.200 144.0( Tota I : 144.0( 249383 9/30/2021 078621 TRAN, KARENA 2006154.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 258.0( Total : 258.0( 249384 9/30/2021 076419 TRUE NORTH ENVIRONMENTAL EQUIP G00139 YEARLY MAINTENANCE FOR WINC YEARLY MAINTENANCE FOR WINC 422.000.72.531.90.49.00 4,950.0( 10.4% Sales Tax 422.000.72.531.90.49.00 514.8( Total : 5,464.8( 249385 9/30/2021 070774 ULINE INC 138938705 WWTP: PO 665 CABLE TIES PO 665 CABLE TIES 423.000.76.535.80.31.00 480.0( Freight 423.000.76.535.80.31.00 18.7, 10.4% Sales Tax 423.000.76.535.80.31.00 51.8 , Total : 550.6' 249386 9/30/2021 077070 UNITED RECYCLING & CONTAINER 146221 STORM - DUMP FEES STORM - DUMP FEES 422.000.72.531.10.49.00 360.0( Tota I : 360.0( 249387 9/30/2021 044960 UTILITIES UNDERGROUND LOC CTR 1080146 UTILITIES UNDERGROUND LOCATI UTILITIES UNDERGROUND LOCATI 421.000.74.534.80.41.00 141.7E UTILITIES UNDERGROUND LOCATI 422.000.72.531.90.41.00 141.7( Page: 33 Packet Pg. 97 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 249387 9/30/2021 044960 UTILITIES UNDERGROUND LOC CTR (Continued) 249388 9/30/2021 067865 VERIZON WIRELESS PO # Description/Account UTILITIES UNDERGROUND LOCATI 423.000.75.535.80.41.00 Total 9889024119 C/A 571242650-0001 iPhone/iPad Cell Service Bldg 001.000.62.524.20.42.00 iPhone/iPad Cell Service City Clerk 001.000.25.514.30.42.00 iPhone/iPad Cell Service Comm Svc 001.000.61.557.20.42.00 iPhone/iPad Cell Service Council 001.000.11.511.60.42.00 iPhone/iPad Cell Service Court 001.000.23.512.50.42.00 iPhone/iPad Cell Service Dev Svcs 001.000.62.524.10.42.00 iPhone/iPad Cell Service Engineering 001.000.67.518.21.42.00 iPhone/iPad Cell Service Facilities 001.000.66.518.30.42.00 iPhone/iPad Cell Service Finance 001.000.31.514.20.42.00 iPhone/iPad Cell Service Finance 001.000.31.514.23.42.00 iPhone/iPad Cell Service HR 001.000.22.518.10.42.00 iPhone/iPad Cell Service Human Sen 001.000.63.557.20.42.00 iPhone/iPad Cell Service IS 512.000.31.518.88.42.00 iPhone/iPad Cell Service Mayor 001.000.21.513.10.42.00 iPhone/iPad Cell Service Park Admin 7.3.a Page: 34 Amoun N 146.0E 429.5 U 0 639.41 a 36.1( E 148.9E fd U 4- 772.0E o R 306.& Q. a 270.6� Q N 1,473.5, o M 0) 226.7 1 E 121.8( c m E 64.0E �a r r 50.2, Q 413.7 100.4z Page: 34 Packet Pg. 98 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249388 9/30/2021 067865 VERIZON WIRELESS Voucher List City of Edmonds 7.3.a Page: 35 Invoice PO # Description/Account Amoun (Continued) 001.000.64.571.21.42.00 50.2, iPhone/iPad Cell Service Parks Maint 001.000.64.576.80.42.00 361.1 < iPhone/iPad Cell Service Parks Rec U 001.000.64.571.22.35.00 220.7E 0 iPhone/iPad Cell Service Parks Rec >, 001.000.64.571.22.42.00 140.4E m iPhone/iPad Cell Service PD c 001.000.41.521.10.42.00 2,488.6E Air cards PD E 001.000.41.521.10.42.00 1,212.7z R iPhone/iPad Cell Service Planning o 001.000.62.558.60.35.00 220.7E -R iPhone/iPad Cell Service Planning > 0 001.000.62.558.60.42.00 411.5 � Q. iPhone/iPad Cell Service PW Admin a a 001.000.65.518.20.42.00 iPhone/iPad Cell Service PW Admin N 421.000.74.534.80.42.00 7.6' M iPhone/iPad Cell Service PW Admin Q, 422.000.72.531.90.42.00 26.6z N iPhone/iPad Cell Service PW Admin E 423.000.75.535.80.42.00 7.6' fd iPhone/iPad Cell Service PW Admin U 423.000.76.535.80.42.00 7.6' iPhone/iPad Cell Service Street E 111.000.68.542.90.42.00 166.3z U iPhone/iPad Cell Service Fleet fd r 511.000.77.548.68.42.00 50.2, a iPhone/iPad Cell Service Water/SeWe 421.000.74.534.80.42.00 70.2< iPhone/iPad Cell Service Water/Sewe 423.000.75.535.80.42.00 70.2, iPhone/iPad Cell Service Sewer Page: 35 Packet Pg. 99 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 36 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249388 9/30/2021 067865 VERIZON WIRELESS (Continued) 423.000.75.535.80.42.00 340.5( iPhone/iPad Cell Service Water 421.000.74.534.80.42.00 486.4, iPhone/iPad Cell Service Storm 422.000.72.531.90.42.00 156.1; p iPhone/iPad Cell Service Street/Storn 111.000.68.542.90.42.00 265.1, a iPhone/iPad Cell Service Street/Storn c 422.000.72.531.90.42.00 265.1 � iPhone/iPad Cell Service WWTP E 423.000.76.535.80.42.00 659.8 TU iPhone/iPad Cell Service Parks Disco 0 001.000.64.571.23.42.00 40.0' R Total: 12,413.61 0 L 249389 9/30/2021 078592 WALLACH, MIKE 2006119.009 REFUND: ACTIVITY CANCELLATIOl'CL REFUND: ACTIVITY CANCELLATIOP < 001.000.239.200 196.0( N Total : 196.0( c M 249390 9/30/2021 071424 WASHINGTON ENERGY SERVICES BLD2021-0999 BLDG REFUND - JOB CANCELLED c BLDG Refund - job cancelled y 001.000.257.620 52.0( -9 Total: 52.0( Z 249391 9/30/2021 078619 WAYMIRE, KATY 2006152.009 REFUND: ACTIVITY CANCELLATIOI' REFUND: ACTIVITY CANCELLATIOP E 001.000.239.200 t 224.0( u 2006172.009 REFUND: ACTIVITY CANCELLATIOP r REFUND: ACTIVITY CANCELLATIOP Q 001.000.239.200 224.0( Total : 448.0( 249392 9/30/2021 075635 WCP SOLUTIONS 12258658 PARKS FACILITY MAINT SUPPLIES PARKS FACILITY MAINT SUPPLIES Page: 36 Packet Pg. 100 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 37 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249392 9/30/2021 075635 WCP SOLUTIONS (Continued) 001.000.64.576.80.31.00 1,326.0( ui 10.4% Sales Tax �c 001.000.64.576.80.31.00 137.9( 12438882 PARKS FACILITY MAINT SUPPLIES U PARKS FACILITY MAINT SUPPLIES p 001.000.64.576.80.31.00 11945.2( 10.4% Sales Tax a 001.000.64.576.80.31.00 202.3( 12438883 FAC MAINT - SUPPLIES FAC MAINT - SUPPLIES E 001.000.66.518.30.31.00 195.6( TU 10.4% Sales Tax o 001.000.66.518.30.31.00 20.31 R 12438884 PARKS FACILITY MAINT SUPPLIES o PARKS FACILITY MAINT SUPPLIES Q. 001.000.64.576.80.31.00 81.0E Q 10.4% Sales Tax �- 001.000.64.576.80.31.00 8.4< N Total : 3,916.8: M 249393 9/30/2021 073552 WELCO SALES LLC 8114 INV 8114 - EDMONDS PD a) 2 B/C SET UPS - BENNETT&SHOEN y 001.000.41.521.10.31.00 30.0( B/C - BENNETTE,SHOEMAKE&MITE 001.000.41.521.10.31.00 62.5, B/C- MORRIS,SANCHEZ&TRIMBLE 001.000.41.521.10.31.00 62.5, t 10.4% Sales Tax 001.000.41.521.10.31.00 r 13.0( Q Total : 168.0' 249394 9/30/2021 069691 WESTERN SYSTEMS 0000048494 TRAFFIC - SCOOL ZONE FLASHER; TRAFFIC - SCOOL ZONE FLASHER; 111.000.68.542.64.31.00 1,468.7( 10.4% Sales Tax Page: 37 Packet Pg. 101 vchlist 09/30/2021 11:14:40AM Voucher List City of Edmonds 7.3.a Page: 38 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 249394 9/30/2021 069691 WESTERN SYSTEMS (Continued) 111.000.68.542.64.31.00 152.7,1 Total: 1,621.51 249395 9/30/2021 078595 WHITCOMB, CRISTINA 2006123.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 224.0( Total : 224.0( 249396 9/30/2021 078597 WILLIAMS, ALYSSA 2006125.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 168.0( Tota I : 168.0( 249397 9/30/2021 063008 WSDOT RE 41 JZ0186 L017 E20CE SERVICES THRU 8/2021 E20CE SERVICES THRU 8/2021 112.000.68.595.33.41.00 239.7< Tota I : 239.7: 249398 9/30/2021 078586 YI, MICHELLE 2006111.009 REFUND: ACTIVITY CANCELLATIOP REFUND: ACTIVITY CANCELLATIOP 001.000.239.200 348.0( Total : 348.0( 249399 9/30/2021 070432 ZACHOR & THOMAS PS INC 21-EDM0009 SEP-2021 RETAINER Monthly Retainer 001.000.36.515.33.41.00 18,062.5( Total : 18,062.5( 249400 9/30/2021 011900 ZIPLY FIBER 253-007-4989 SEAVIEW RESERVOIR TELEMETR) SEAVIEW RESERVOIR TELEMETR) 421.000.74.534.80.42.00 31.1 , 253-012-9166 TELEMETRY CIRCUIT LINES TELEMETRY CIRCUIT LINES 421.000.74.534.80.42.00 162.7- TELEMETRY CIRCUIT LINES 423.000.75.535.80.42.00 302.1 , Page: 38 Packet Pg. 102 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor 249400 9/30/2021 011900 ZIPLY FIBER 131 Vouchers for bank code : usbank 131 Vouchers in this report Voucher List City of Edmonds 7.3.a Page: 39 Invoice PO # Description/Account Amoun (Continued) 253-012-9189 WWTP: 9/25-10/24/21 AUTO DIALEF 9/25-10/24/21 AUTO DIALER - 1 VO 423.000.76.535.80.42.00 41.5E 253-014-8062 TELEMETRY CIRCUIT LINE U TELEMETRY CIRCUIT LINE o 421.000.74.534.80.42.00 19.8, `5% TELEMETRY CIRCUIT LINE a 423.000.75.535.80.42.00 36.9( 253-017-4360 TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE E 421.000.74.534.80.42.00 47.0, R TELEMETRY CIRCUIT LINE o 423.000.75.535.80.42.00 87.3E 425-712-8347 CIVIC CENTER ELEVATOR PHONE R o CIVIC CENTER ELEVATOR PHONE Q. 001.000.66.518.30.42.00 73.8( Q 425-771-0158 FIRE STATION #16 ALARM AND FA) �- FIRE STATION #16 ALARM AND FA) N 001.000.66.518.30.42.00 139.1' o 425-771-5553 WWTP: 9/25-10/24/21 AUTO DIALEF 9/25-10/24/21 AUTO DIALER - 1 BU o 423.000.76.535.80.42.00 130.9E E 509-022-0049 LIFT STATION #2 VG SPECIAL ACCI LIFT STATION #2 VG SPECIAL ACCI 423.000.75.535.80.42.00 26.4, Total : 1,099.0E Bank total : 973,645.7: u. r r Total vouchers : 973,645.7: Q Page: 39 Packet Pg. 103 vchlist 09/30/2021 11:14:40AM Bank code : usbank Voucher Date Vendor Voucher List City of Edmonds Invoice PO # Description/Account 7.3.a Page: 40 Amoun Page: 40 Packet Pg. 104 7.3.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number ' STM 174th St. & 71st Ave Storm Improvements c521 EBFB STM 175th St. SW Slope Stabilization c560 E21FB STM 2018 Lorian Woods Study s018 EBFA SWR 2019 Sewerline Replacement Project c516 EBGA IL""MM9019 Storm Maintenance Project c525 WTR 2019 Swedish Waterline Replacement c523 EBJA 2019 Traffic Calming j038 STIR 2019 Traffic Signal Upgrades i045 E9AD 9 Utility Rate & GFC Update s020 WTR 2019 Waterline Overlay i043 E9CB 2019 Waterline Replacement c498 E7JA STIR 2020 Guardrail Installations i046 EOAA STIR 2020 Overlay Program 1042 STIR 2020 Pedestrian Safety Program i049 EODB F—STR 2020 Pedestrian Task Force s024 EODA STIR 2020 Traffic Calming _ i048 EOAC STIR 2020 Traffic Signal Upgrades i047 STIR 2020 Waterline Overlay i053 EOCC STIR 2021 Guardrail Installations i057 _ STIR 2021 Overlay Program 051 E21CA STR 2021 Pedestrian Task Force i062 SWR 2021 Sewer Overlay Program i060 E21CC KSTM 2021 Stormwater Overlay Program i061 STIR 2021 Traffic Calming i056 E21AA WTR 2021 Waterline Overlay Program 059 STIR 2022 Overlay Program i063 _40022 E22CA Sewerline Overlay Program i065 C STIR 2022 Stormwater Overlay Program i066 E22CD STIR 2022 Waterline Overlay Program i064 E22CB STIR 220th Adaptive i028 EBAB STIR 228th St. SW Corridor Improvements i00 STIR 238th St. Island & Misc. Ramps i037 EBDC WR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STIR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA th Ave Overlay (196th i052 STIR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA STIR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STIR 84th Ave W Overlay from 220th to 212th i031 EBCC STIR 89th PI W Retaining Wei i025 STIR ADA Curb Ramps i033 EBDB STIR Admiral Way Pedestrian Crossing i040 STIR Audible Pedestrian Signals i024 E7AB STM Ballinger Regional Facility Pre -Design s022 STIR Bikelink Project c474 ESDA NOWCitywide Bicycle Improvements Project SWR Citywide CIPP Sewer Rehab Phase III c488 E6GB STIR Citywide Pedestrian Crossing Enhancements E7DC STIR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB Revised 9/30/2021 Packet Pg. 105 7.3.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number PRK Civic Center Playfield (Construction) c551 EOMA PRK Civic Center Playfield (Design) c536 EOMA IL WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB STM Dayton Street Stormwater Pump Station c455 E41FE L FAC Edmonds Fishing Pier Rehab c443 E4MB STM Edmonds Marsh Water Quality Project c564 E21 FE STIR Edmonds Street Waterfro@Wnnector c478 WTR Elm St. Waterline Replacement c561 E21JB Im Way Walkway from 8th Ave to 9th Ave i058 WTR Five Corners Reservoir Re -coating c473 ESKA PM Fourth Avenue Cultural Corridor c282 STIR Hwy 99 Gateway Revitalization s014 E6AA ke Ballinger Associated Projects c436 E4FD SWR Lake Ballinger Trunk Sewer Study s0l l ESGB SWR Lift Station #1 Basin & Flow Study c461 STIR Minor Sidewalk Program 017 E6DD ir STM NPDES (Students Saving Salmon) m013 E7FG GF Official Street Map & Sidewalk Plan Update s025 EONA wr STM OVD Slope Repair & Stabilization m105 STM Perrinville Creek Flow Reduction Improvements c552 E20FC STM Perrinville Creek Recovery Study s028 E21 FC WTR Phase 11 Annual Water Utility Replacement Project c549 EOJA WTR Phase 12 Annual Water Utility Replacement Project c558 E21JA STM Phase 2 Annual Storm Utility Replacement Project c547 EOFB ff"STM Phase 3 Storm Utility Replacement Project c563 E21 FD SWR Phase 8 Annual Sewer Replacement Project c548 EOGA Phase 9 Annual Sewer Replacement Project c559 E21 GA FAC PW Concrete Regrade & Drainage South c502 E9MA SWR Sanitary Sewer and Stormwater Pipe Rating Services c562 E21GB STM Seaview Park Infiltration Facility c479 ESFD STM Seaview Park Infiltration Facility Phase 2 c546 EOFA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA rSTR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) i055 E20CE UTILITIES Standard Details Updates solo ESNA Storm Drain Improvements @ 9510 232nd St. SW c49 STM Stormwater Comp Plan Update s017 E6FD STIR Sunset Walkway Improvements c354 E1DA STIR Trackside Warning System c470 ESAA STIR Walnut St. Walkway (3rd-4th i044 E9DC PRK Waterfront Development & Restoration (Construction) c544 E71MA WRK Waterfront Development & Restoration (Design) c496 E71MA PRK Waterfront Development & Restoration (Pre - Design) m103 E71MA STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 WWTP WWTP Outfall Pipe Modifications c481 ESHA WTR Yost & Seaview Reservoir Assessment s026 EOJB PRK Yost Park Infiltration Facility c556 E21 FA Revised 9/30/2021 Packet Pg. 106 7.3.b PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title EOAA i046 2020 Guardrail Installations STIR EOAB i047 2020 Traffic Signal Upgrades i048 2020 Traffic Calming STIR EOCA i042 2020 Overlay Program EOCC 2020 Waterline Overlay STIR EODA s024 2020 Pedestrian Task Force EEV2020 Pedestrian Safety Program STIR EODC i05O Citywide Bicycle Improvements Project STM EOFA c546 Seaview Park Infiltration Facility Phase 2 STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project SWR EOGA c548 Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project s026 Yost & Seaview Reservoir Assessme PRK EOMA c551 Civic Center Playfield (Construction) EOMA c536 Civic Center Playfield (Design) low GF EONA s025 Official Street Map & Sidewalk Plan Update STIR ElCA c368 76th Ave W at 212th St SW Intersection Improvements STIR E1 DA c354 Sunset Walkway Improvements LSTIR E20CB A i052 76th Ave Overlay (196th St. to OVD) STIR E20CE i055 SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) rSTM E20FC Iff c552 Perrinville Creek Flow Reduction Improvements STIR E21AA i056 2021 Traffic Calming E21 AB i0 2021 Guardrail Installations STIR E21 CA i051 2021 Overlay Program _ E21 CB i059 2021 Waterline Overlay Program SWR E21 CC i06O 2021 Sewer Overlay Program i061 2021 Stormwater Overlay Program STIR E21 DA iO58 Elm Way Walkway from 8th Ave to 9th Ave E21 DB 2021 Pedestrian Task Force PRK E21 FA c556 Yost Park Infiltration Facility E21 FB 175th St. SW Slope Stabiliz STM E21 FC s028 Perrinville Creek Recovery Study STM E21 FD c563 Phase 3 Storm Utility Replant Project STM E21 FE c564 Edmonds Marsh Water Quality Project SWR E21 GA c559 Phase 9 Annual Sewer Replacement Proj SWR E21 GB c562 Sanitary Sewer and Stormwater Pipe Rating Services WTR E21JA Phase 12 Annual Water Utility Replacement Project WTR E21JB c561 Elm St. Waterline Replacement E22CA 2022 Overlay Program STIR E22CB i064 2022 Waterline Overlay Program fR E22CC i 2022 Sewerline Overlay Program STIR E22CD i066 2022 Stormwater Overlay Program STIR E3DB 238th St. SW Walkway (100th Ave to 104th Av STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration c436 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring Revised 9/30/2021 Packet Pg. 107 7.3.b PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Project Title ' FAC E41VIB c443 Edmonds Fishing Pier Rehab _ STIR E5AA c470 Trackside Warning System ILSTIR E5DA c474 Bikelink Project STIR E5DB c478 Edmonds Street Waterfront Connector IrSTM E5FD Seaview Park Infiltration Facility SWR E5GB s011 Lake Ballinger Trunk Sewer Study WWTP E5HA WWTP Outfall Pipe Modification WTR E5J13 c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E5KA c473 Five Corners Reservoir Re -coating UTILITIES E5NA solo Standard Details Updates STIR s014 Hwy 99 Gateway Revitalization STIR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion E6DA 38th St. SW Walkway (Edmonds Way to Hwy 99) STIR E6DD i017 Minor Sidewalk Program E6 Stormwater Comp Plan Update SWR E6GB c488 Citywide CIPP Sewer Rehab Phase III Eal"qWAudible Pedestrian Signals STIR E7AC i005 228th St. SW Corridor Improvements LSTIR E7CD i0ga 89th PI W Retaining Wall STIR E7DC i026 Citywide Pedestrian Crossing Enhancements m105 OVD Slope Repair & Stabilization STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW m013 NPDES (Students Saving Salmon) WTR E7JA c498 2019 Waterline Replacement PRK lWw c544 Waterfront Development & Restoration (Construction) PRK E7MA c496 Waterfront Development & Restoration (Design) IL PRK E7MA m103 Waterfront Development & Restoration (Pre - Design) STIR E8AB i028 220th Adaptive i029 76th Ave W & 220th St. SW Intersection Improvements STIR E8CC i031 84th Ave W Overlay from 220th to 212th MMMMMm E8DB i033 Curb Ramps STIR E8DC i037 238th St. Island & Misc. Ramps E8FA s018 2018 Lorian Woods St STM E8FB c521 174th St. & 71 st Ave Storm Improvements STM E8FC c525 2019 Storm Maintenance Project SWR E8GA c516 2019 Sewerline Replacement Project 2019 Swedish Waterline Replacemen UTILITIES E8J13 s020 2019 Utility Rate & GFC Update E8MA c282 Fourth Avenue Cultural Corridor STIR E9AA i038 2019 Traffic Calming WSTR E9AD i045 2019 Traffic Signal Upgrades WTR E9CB i043 2019 Waterline Overlay ^dmiral Way Pedestrian Crossing STIR E9DC i044 Walnut St. Walkway (3rd-4th) E9FA allinger Regional Facility Pre -Design FAC E9MA c502 PW Concrete Regrade & Drainage South Revised 9/30/2021 Packet Pg. 108 7.3.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Protect Protect Accounting Funding Number Number Project Title PM EBMA c282 Fourth Avenue Cultural Corridor STR E1 DA c354 Sunset Walkway Improvements STR ElCA c368 76th Ave W at 212th St SW Intersection Improvements STR 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 FAC E4MB c443 Edmonds Fishing Pier Rehab WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STM E4FE c455 Dayton Street Stormwater Pump Station SWR E4GC c461 Lift Station #1 Basin & Flow Study STR ESAA c470 Trackside Warning System WTR ESKA c473 Five Corners Reservoir Re -coating STR ESDA c474 Bikelink Project STR ESDB c478 Edmonds Street Waterfront Connector STM ESFD c479 Seaview Park Infiltration Facility WWTP ESHA c481 WWTP Outfall Pipe Modifications WTR ESJB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) SWR E6GB c488 Citywide CIPP Sewer Rehab Phase III STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW PRK E71VIA c496 Waterfront Development & Restoration (Design) WTR E7JA c498 2019 Waterline Replacement FAC E9MA c502 PW Concrete Regrade & Drainage South SWR EBGA c516 2019 Sewerline Replacement Project STM EBFB c521 174th St. & 71 st Ave Storm Improvements WTR EBJA c523 2019 Swedish Waterline Replacement STM EBFC c525 2019 Storm Maintenance Project PRK EOMA c536 Civic Center Playfield (Design) PRK E7MA c544 Waterfront Development & Restoration (Construction) STM EOFA c546 Seaview Park Infiltration Facility Phase 2 STM EOFB c547 Phase 2 Annual Storm Utility Replacement Project SWR EOGA c548 Phase 8 Annual Sewer Replacement Project WTR EOJA c549 Phase 11 Annual Water Utility Replacement Project PRK EOMA c551 Civic Center Playfield (Construction) STM E20FC c552 Perrinville Creek Flow Reduction Improvements PRK E21 FA c556 Yost Park Infiltration Facility WTR E21JA c558 Phase 12 Annual Water Utility Replacement Project SWR E21 GA c559 Phase 9 Annual Sewer Replacement Project STM E21FB c560 175th St. SW Slope Stabilization WTR E21JB c561 Elm St. Waterline Replacement SWR E21 GB c562 Sanitary Sewer and Stormwater Pipe Rating Services STM E21 FD c563 Phase 3 Storm Utility Replacement Project STM E21 FE c564 Edmonds Marsh Water Quality Project STR E7AC i005 228th St. SW Corridor Improvements STR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STR E6DD i017 Minor Sidewalk Program STR E7AB i024 Audible Pedestrian Signals STR E7CD i025 89th PI W Retaining Wall Revised 9/30/2021 Packet Pg. 109 7.3.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Protect Protect Accounting Funding Number Number Project Title 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 iO4O 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 E21 AA i056 2021 Traffic Calming STIR 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 i060 2021 Sewer Overlay Program STM E21 CD i061 2021 Stormwater Overlay Program STIR E21 DB i062 2021 Pedestrian Task Force STIR E22CA i063 2022 Overlay Program STIR E22CB i064 2022 Waterline Overlay Program STIR E22CC i065 2022 Sewerline Overlay Program STIR E22CD i066 2022 Stormwater Overlay Program 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 STR 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 9/30/2021 Packet Pg. 110 7.3.b PROJECT NUMBERS (By Funding) Protect Engineering Accounting Protect 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 PRK Civic Center Playfield (Design) c536 EOMA PRK Waterfront Development & Restoration (Construction) c544 E7MA PRK Waterfront Development & Restoration (Design) c496 E7MA PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA PRK Yost Park Infiltration Facility c556 E21 FA STM 174th St. & 71st Ave Storm Improvements c521 EBFB STM 175th St. SW Slope Stabilization c560 E21 FB STM 2018 Lorian Woods Study s018 EBFA STM 2019 Storm Maintenance Project c525 EBFC STM 2021 Stormwater Overlay Program i061 E21 CD STM Ballinger Regional Facility Pre -Design s022 E9FA STM Phase 3 Storm Utility Replacement Project c563 E21 FD STM Dayton Street Stormwater Pump Station c455 E4FE STM Lake Ballinger Associated Projects c436 E4FD STM NPDES (Students Saving Salmon) m013 E7FG STM OVD Slope Repair & Stabilization m105 E7FA STM Perrinville Creek Flow Reduction Improvements c552 E20FC STM Perrinville Creek Recovery Study s028 E21 FC STM Phase 2 Annual Storm Utility Replacement Project c547 EOFB STM Seaview Park Infiltration Facility c479 ESFD STM Seaview Park Infiltration Facility Phase 2 c546 EOFA STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Stormwater Comp Plan Update s017 E6FD STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM Edmonds Marsh Water Quality Project c564 E21 FE STR 2019 Traffic Calming i038 E9AA STR 2019 Traffic Signal Upgrades i045 E9AD STR 2020 Guardrail Installations i046 EOAA STR 2020 Overlay Program i042 EOCA STR 2020 Pedestrian Safety Program i049 EODB STR 2020 Pedestrian Task Force s024 EODA STR 2020 Traffic Calming i048 EOAC STR 2020 Traffic Signal Upgrades i047 EOAB 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 9/30/2021 Packet Pg. 111 PROJECT NUMBERS (By Funding) 7.3.b Funding Protect Title STR 76th Ave W at 212th St SW Intersection Improvements STR 84th Ave W Overlay from 220th to 212th STR 89th PI W Retaining Wall STR ADA Curb Ramps STR Admiral Way Pedestrian Crossing STR Audible Pedestrian Signals STR Bikelink Project STR Citywide Bicycle Improvements Project STR Citywide Pedestrian Crossing Enhancements STR Citywide Protected/Permissive Traffic Signal Conversion STR Edmonds Street Waterfront Connector STR Elm Way Walkway from 8th Ave to 9th Ave STR Hwy 99 Gateway Revitalization STR Minor Sidewalk Program STR SR Revitalization Stage 2 (Medians, Gateway Signage & Hawk Signal) STR Sunset Walkway Improvements STR Trackside Warning System STR Walnut St. Walkway (3rd-4th) STR 2021 Pedestrian Task Force STR 2022 Overlay Program STR 2022 Waterline Overlay Program STR 2022 Sewerline Overlay Program STR 2022 Stormwater Overlay Program STR 2020 Waterline Overlay STR 220th Adaptive SWR 2019 Sewerline Replacement Project SWR 2021 Sewer Overlay Program SWR Citywide CIPP Sewer Rehab Phase III SWR Lake Ballinger Trunk Sewer Study SWR Lift Station #1 Basin & Flow Study SWR Phase 8 Annual Sewer Replacement Project SWR Phase 9 Annual Sewer Replacement Project SWR Sanitary Sewer and Stormwater Pipe Rating Services UTILITIES 2019 Utility Rate & GFC Update UTILITIES Standard Details Updates WTR 2019 Swedish Waterline Replacement WTR 2019 Waterline Overlay WTR 2019 Waterline Replacement WTR 2021 Waterline Overlay Program WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR Elm St. Waterline Replacement WTR Five Corners Reservoir Re -coating WTR Phase 11 Annual Water Utility Replacement Project WTR Phase 12 Annual Water Utility Replacement Project WTR Yost & Seaview Reservoir Assessment WWTP Sewer Outfall Groundwater Monitoring WWTP WWTP Outfall Pipe Modifications Protect Engineering Accounting Protect Number Number c368 E1CA i031 EBCC i025 E7CD i033 EBDB i040 E9DA i024 E7AB c474 ESDA i050 EODC i026 E7DC i015 E6AB c478 ESDB i058 E21 DA s014 E6AA i017 E6DD i055 E20CE c354 E1DA c470 ESAA i044 E9DC i061 E21 DB i063 E22CA i064 E22CB i065 E22CC i066 E22CD i053 EOCC i028 EBAB c516 EBGA i06O E21CC c488 E6GB s0l l ESGB c461 E4GC c548 EOGA c559 E21 GA c562 E21GB s02O EBJB solo ESNA c523 EBJA i043 E9CB c498 E7JA i059 E21 CB c482 ESJB c561 E21JB c473 ESKA c549 EOJA c558 E21JA s026 EOJB c446 E4HA c481 ESHA Revised 9/30/2021 Packet Pg. 112 7.3.c Hour Type 903 Hour Class MISCELLANEOUS Payroll Earnings Summary Report City of Edmonds Pay Period: 1,075 (09/24/2021 to 09/24/2021) Description CLOTHING ALLOWANCE Hours Amount 0.00 1,462.50 0.00 $1,462.50 Total Net Pay: $1,343.16 09/30/2021 Packet Pg. 113 7.4 City Council Agenda Item Meeting Date: 10/5/2021 Acknowledge receipt of a Claim for Damages from Travis Johnson Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of a Claim for Damages from Travis Johnson Narrative Travis Johnson 250 5th Ave N ($208.15) Attachments: Johnson, Travis - Claim for Damages - for council Packet Pg. 114 7.4.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM Please take note that Travis Johnson who currently resides at mailing address home phone # , work phone # and who resided at against Edmonds PD DATE OF OCCURRENCE: Unknown Date Claim Form Received by City same at the time of the occurrence and whose date of birth is , is claiming damages in the sum of $ 208.15 arising out of the following circumstances listed below. LOCATION OF OCCURRENCE: Edmonds PD DESCRIPTION: TIME: Unknown 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. Case 2021-5866: Edmonds PD recovered personal property from burglary. I confirmed ownership of personal items through emails (pictures proved I had marked with Sharpie "T.Johnson" on my items), Edmonds PD retained personal items as evidence, after a considerable amount of time with no updates, I reached out to Edmonds PD to schedule pickup. When I arrived on Friday 9/17 at Edmonds PD, I was disappointed to learn the 20v Dewalt Drill DCD791 and two 20v batteries were mistakenly given to another victim from the burglary. Edmonds PD was unable to retrieve my personal property and provided me this form to file a claim. Replacement cost via Amazon.com is $208.15. Sheets attached. (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. Mike Bard, Lynnette Mandeville & Brittany Johnsen with Edmonds PD are the officers on the case assisting me with retrieving my stolen property. 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to your insurance company? If so, please provide the name of the insurance company: and the policy #: License Plate # Type Auto: _ Yes X No * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * Driver License # (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: Form Revised 04/09/2021 Page t of 2 Packet Pg. 115 7.4.a This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Signature o la" ant Or Signature of Representative 09/23/2021 Date and place (residential address, city and county) Date and place (residential address, city and county) Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 5tn Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. E I U c 0 1n c z 0 c m E z U 0 r Q Form Revised 04/09/2021 Page 2 of 2 Packet Pg. 116 7.5 City Council Agenda Item Meeting Date: 10/5/2021 Draft Bond Ordinance Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History On August 10, 2021 the Edmonds City Council approved the refunding of certain outstanding bonds, as well as issuing new bonds to help fund capital projects. At a date in the near future Staff will bring a final Bond Ordinance to Council for approval. Staff Recommendation Please review the attached draft ordinance. Staff will be available if Councilmembers have questions between tonight and when the final Bond Ordinance is brought to Council for formal approval. Narrative: On August 10, 2021 the Edmonds City Council approved the refunding of certain outstanding bonds, as well as issuing new bonds to help fund capital projects. Namely, three separate items were approved: A. Refunding of outstanding Water and Sewer Revenue Bonds - 2011 B. Advance refund and restructure a portion of the City's Limited Tax General Obligation Refunding Bonds - 2021 (on behalf of the Edmonds Public Facilities District) C. Issue new bonds for Civic Field and other capital improvements City staff has been working diligently with our bond counsel and bond advisors to move the process along. One of the steps in issuing and refunding bonds is the passing by Council of a Bond Ordinance. In an effort to be fully transparent, and to avoid bringing this Ordinance forward at a later date and asking Council to approve it that same evening, a DRAFT Ordinance is being included in your packet tonight. This will give Councilmembers ample time to review it before we bring it to Council at a future meeting for final approval. No presentation or discussion is needed at this point, and approving this as part of the Consent Agenda does not constitute the approval of this ordinance as anything more than a Draft. However, by including it as part of the official record for tonight's council meeting, it will be available for Councilmembers as well as members of the public to review fully. Attachments: Draft 2021 Bonds bond ordinance Packet Pg. 117 7.5.a FP DRAFT 9/30/21 CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Edmonds, Washington, relating to�`� contracting indebtedness; providing for the issuance, sale, and delivery of on V more series of limited tax general obligation improvement and refunding for the purpose of providing the funds necessary: (1) to finance impr v to Civic Park and other capital projects, (2) to refund certain outstand' g er and sewer revenue bonds of the City, (3) to refund certain outstandin ited tax general obligation bonds of the City, and (4) to pay the costs ofA ance and sale o of the bonds; fixing or setting parameters with respect to cert in terms and covenants of the bonds; appointing the City's designated representative to approve m° the final terms of the sale of the bonds; authorizing the ion and delivery of an amendment to Interlocal Agreement for Devel o the Edmonds Centre c` for the Arts; and providing for other related matte c E Passed [, 2021 -°a 0 o O m AC N Or o NI This document prepared by: o Foster Garvey P. C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 a AQ FG:54375381.2 Packet Pg. 118 7.5.a TABLE OF CONTENTS* Page Section1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations.................................................................................. 6 Section 3. Purpose and Authorization of Bonds ............................... ... 7 Section 4. Description of the Bonds; Appointment of Designated Representative ...... .. 8 Section 5. Registrar; Registration and Transfer of Bonds .............................................. 8 Section 6. Form and Execution of Bonds ........................................................ N�............. 9 Section 7. Payment of Bonds......................................................................... .................. 10 Section 8. Funds and Accounts; Deposit of Proceeds ............................ ............................. 10 Section 9. Redemption Provisions and Purchase of Bonds ......... .............................. 11 Section 10. Failure To Pay Bonds ............................................ V........................................ 12 Section 11. Security for the Bonds ................................. ?.... ... 12 ............................................. Section 12. Tax Covenants; Designation of Tax-Exem 9onds as "Qualified Tax - Exempt Obligations." .............................. . !......................................................... 13 Section 13. Refunding or Defeasance of the................................................................ 13 Section 14. Refunding Plans............................................................................................. 14 Section 15. Sale and Delivery of the nV............................................................................ 17 Section 16. Official Statement; o•tti ing Disclosure........................................................... 17 Section 17. Amendatory Ord' nc s....................................................................................... 18 Section 18. Amendme ty PFD Interlocal Agreement .............................................. 18 Section 19. General Au rization and Ratification................................................................ 18 Section20. ;fece abiiity........................................................................................................... 19 Section 21. ' e Date of Ordinance................................................................................. 19 Exhibi 'Parameters for Final Terms Exhi Form of Undertaking to Provide Continuing Disclosure F 1i Form of Second Amendment to County PFD Interlocal Agreement * The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. a FG:54375381.2 Packet Pg. 119 7.5.a CITY OF EDMONDS, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Edmonds, Washington, relating to contracting indebtedness; providing for the issuance, sale, and delivery of one or more series of limited tax general obligation improvement and refunding bonds for the purpose of providing the funds necessary: (1) to finance improvements to Civic Park and other capital projects, (2) to refund certain outstanding water and) sewer revenue bonds of the City, (3) to refund certain outstanding limiteAAa general obligation bonds of the City, and (4) to pay the costs of issuance ails e of the bonds; fixing or setting parameters with respect to certaCet ea and covenants of the bonds; appointing the City's designated representatio approve the final terms of the sale of the bonds; authorizing the execution nelivery of an amendment to Interlocal Agreement for Development oft onds Centre for the Arts; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF EDM ASHINGTON, DO ORDAIN AS FOLLOWS: C� Section 1. Definitions. As used in this of `dice, the following capitalized terms shall have the following meanings: e (a) "2011 Bond Ordinance " in nV%Ordinance No. 3863, passed on December 6, 2011. (b) "2011 Bonds" mea tity's Water and Sewer Improvement and Refunding Revenue Bonds, 2011, issued pursu t to the 2011 Bond Ordinance. (c) "2011 Rede,X ate" means, unless otherwise specified in the Bond Purchase Contract, December 1, 2021� (d) "2%1 Refunded Bonds" means the 2011 Refunding Candidates selected by the 2 Designated Repr tative to be refunded with the proceeds of the 2011 Refunding Bonds. (e) ` N011 Refunding Bond" means each Bond issued to carry out the 2011 Refunding Plan. "2011 Refunding Candidates " means the 2011 Bonds stated to mature in the years AQrough 2027, inclusive, 2029, and 2031. (g) "2011 Refunding Plan " means: (1) the deposit with the registrar for the 2011 Bonds (or, if so determined by the Designated Representative, with the Refunding Trustee) of proceeds of the 2011 Refunding Bonds (together with other money of the City, if so determined by the Designated Representative); FG:54375381.2 Packet Pg. 120 7.5.a (2) the purchase by the Refunding Trustee of Acquired Obligations (if so determined by the Designated Representative) and the application of the principal of and interest on any such Acquired Obligations and any other such money of the City to the call, payment, and redemption of the 2011 Refunded Bonds on the 2011 Redemption Date at a price equal to the principal amount of the 2011 Refunded Bonds plus accrued interest; and (3) the payment of the costs of issuing the 2011 Refunding Bonds and. the costs of carrying out the foregoing elements of the 2011 Refunding Plan. 6�, (h) "2012 Bond Ordinance " means Ordinance No. 3862, passed on Dece , 2011. (i) "2012 Bonds " means the City's Limited Tax General Obligati eluding Bonds, 2012, issued pursuant to the 2012 Bond Ordinance. (j) "2012 Redemption Date" means December 1, 2022. (k) "2012 Refunded Bonds" means the 2012 Refun ing Candidates selected by the Designated Representative to be refunded with the proceeds o 12 Refunding Bonds. (1) "2012 Refunding Bond" means each Bond to carry out the 2012 Refunding Plan. Z (m) "2012 Refunding Candidates", m4he portions of the 2012 Bonds stated to mature on December 1 in the following prinlallymounts in the following years: A� Principal a Amount 2 $400,000 $� 022 430,000 O 2023 455,000 2024 480,000 2025 510,000 2026 310,000 (n) 12 Refunding Plan " means: (1) the deposit with the Refunding Trustee of proceeds of the 2012 funding Bonds (together with other legally available funds, if so determined by _, ) the Designated Representative); (2) the purchase by the Refunding Trustee of Acquired Obligations; (3) the application of the principal of and interest on such Acquired Obligations and other such money of the City to the payment of principal of and interest on the 2012 Refunded Bonds when due up to and including the 2012 Redemption Date and the call, payment, and redemption of the then -outstanding 2 FG:54375381.2 Packet Pg. 121 7.5.a 2012 Refunded Bonds on the 2012 Redemption Date at a price equal to the principal amount of such 2012 Refunded Bonds plus accrued interest; and (3) the payment of the costs of issuing the 2012 Refunding Bonds and the costs of carrying out the foregoing elements of the 2012 Refunding Plan. (o) `Acquired Obligations" means the United States Treasury Certificates of Indebtedness, Notes, and Bonds —State and Local Government Series and other direct, non,ai44ble obligations of the United States of America purchased to carry out the 2011 Refunding PI (if so determined by the Designated Representative) and the 2012 Refunding Plan. " (p) `Authorized Denomination" means $5,000 or any integral multipl eof within a maturity of a Series. O c (q) "Beneficial Owner" means, with respect to a Bond, the Qw of any beneficial =a interest in the Bond, and includes any person who, directly or indirectly, through any contract, o arrangement, understanding, relationship, or otherwise has or shares (1) voting power that includes c the power to vote, or to direct the voting of, the Bond, and/or (2) investment power that includes m the power to dispose, or to direct the disposition of, the Bond c (r) "Bond" means each bond issued pursuantfor the purposes provided in this ordinance. (D,, (s) "Bond Counsel" means the firm of �� er Garvey P.C., its successor, or any other `o attorney or firm of attorneys selected by thq CA3 with a nationally recognized standing as bond counsel in the field of municipal finance. v �°i (t) `Bond Fund" mean eVxited Tax General Obligation Bond Fund, 2021, of the City created for the payment of theacipal of and interest on the Bonds. m° N (u) `Bond Purcb ontract" means an offer to purchase a Series, setting forth N certain terms and conditions the issuance, sale, and delivery of the Series, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent o with this ordinanc . In the case of a competitive sale, the official notice of sale, the Purchaser's bid, and the a dN the City shall constitute the Bond Purchase Contract for purposes of this ordinance. v) Bond Register" means the books or records maintained by the Registrar for the a pure entifying ownership of each Bond. �(w) "City" means the City of Edmonds, Washington, a municipal corporation duly organized and existing under the laws of the State. (x) "City Council" means the legislative authority of the City, as duly and regularly constituted from time to time. (y) "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. FG:54375381.2 Packet Pg. 122 7.5.a (z) "County PFD" means the Snohomish County Public Facilities District. (aa) "County PFD Interlocal Agreement" means the Interlocal Agreement for Development of the Edmonds Centre for the Arts, dated November 4, 2002, by and among the City, the Edmonds PFD, the Snohomish County PFD, and the County, and recorded under County recording number 200211060003, as amended by the First Amendment thereto, Addendum No. 1 thereto, Addendum No. 2 thereto, and Addendum No. 3 thereto, and as it may hereafter be amended in accordance with its terms. 1 (bb) "DTC" means The Depository Trust Company, New York, New York, or its nominee. (cc) "Designated Representative" means the officer of the City aW P40 in Section 4 to serve as the City's designated representative in accordance with RCW 3 46.. (dd) "Edmonds PFD" means the Edmonds Public Facilities D4sict. O c (ee) "Final Terms" means the terms and conditions f the sale of a Series, including m° the amount, date or dates, denominations, interest rate or rate dates, final maturity, redemption rights, price, and other terms or covenants, including mmimum savings for refunding o bonds (if the refunding bonds are issued for savings purposes). (ff) "Finance Director" means th+Finec irector of the City or any other City official who succeeds the duties now delegateoffice, or the designee of such officer. o (gg) "Fiscal Agent" means the f CNI agent of the State, as the same may be designated 0 by the State from time to time. � � U c (hh) "Government Obl' ns " means direct obligations of, or obligations the payment m° of principal of and interest on ,chic are unconditionally guaranteed by, the United States of N America. 0CD Ni (ii) "Intergover ental Payments "means the amounts received by the City from the o Edmonds PFD an the County PFD under the County PFD Interlocal Agreement. as 0j) su Date " means, with respect to a Bond, the date of initial issuance and delivery of the Bon too Purchaser in exchange for the purchase price of the Bond. a "Letter of Representations " means the Blanket Issuer Letter of Representations betwe d he City and DTC, dated August 6, 1996, as it may be amended from time to time, and any s1ccessor or substitute letter relating to the operational procedures of the Securities Depository. (11) "MSRB " means the Municipal Securities Rulemaking Board. (mm) "Municipal Advisor" means Northwest Municipal Advisors of Bellevue, Washington, or any other municipal advisor then appointed and acting as municipal advisor to the City. 4 FG:54375381.2 Packet Pg. 123 7.5.a (nn) "Official Statement" means an offering document, disclosure document, private placement memorandum, or substantially similar disclosure document provided to purchasers and potential purchasers in connection with the initial offering of a Series in conformance with Rule 15c2-12 or other applicable regulations of the SEC. (oo) "Owner" means, with respect to a Bond and without distinction, the Registered Owner and the Beneficial Owner. (pp) Project" means improvements to Civic Park and other capital projects, as eemed necessary and advisable by the City. Incidental costs incurred in connection with carryi ut and accomplishing the Project, consistent with RCW 39.46.070, including costs of issu nd sale of the Project Bonds, may be included as costs of the Project. O (qq) "Project Bond" means each Bond issued to finance the ProjCt �a (rr) "Project Fund" means the fund or account designated reated by the Finance Director for the purpose of carrying out the Project. *110 o m (ss) "Purchaser" means, with respect to a Series, th ial institution or institutions L selected by the Designated Representative to serve as purchas ' a private placement, underwriter o or placement agent in a negotiated sale, or awarded as th�essful bidder in a competitive sale of the Series. E (tt) "Rating Agency " means any n� recognized rating agency then maintaining o a rating on the Bonds at the request of the Ci V 0 (uu) "Real Estate Excise Taxes eans the proceeds of the real estate excise taxes imposed by the City under RCW 8 .41.01k. m° (vv) "Record Date" means the Registrar's close of business on the 15th day of the N month preceding an interest ent date. With respect to redemption of a Bond prior to its CD maturity, "Record Date" means a Registrar's close of business on the date on which the Registrar sends the notice of redemption in accordance with Section 9. o (ww) "nding Trust Agreement" means a refunding trust or escrow agreement between the ->an the Refunding Trustee, dated the Issue Date, providing for the carrying out of the 201 t.#eNtiding Plan (if so determined by the Designated Representative) and the 2012 Refiandina MaA. i (Xx) "Refunding Trustee" means U.S. Bank National Association, serving as refunding tru to carry out the 2011 Refunding Plan (if so determined by the Designated Representative) and the 2012 Refunding Plan. (yy) "Registered Owner" means, with respect to a Bond, the person in whose name the Bond is registered on the Bond Register. For so long as the City utilizes the book -entry only system for the Bonds under the Letter of Representations, "Registered Owner" means the Securities Depository. 5 FG:54375381.2 Packet Pg. 124 7.5.a (zz) `Registrar" means the Fiscal Agent, or any successor Registrar selected by the City. (aaa) `Rule 15c2-12" means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (bbb) "SEC" means the United States Securities and Exchange Commission. (ccc) "Securities Depository" means DTC, any successor thereto, any su e securities depository selected by the City that is qualified under applicable laws and regul t' his to provide the services proposed to be provided by it, or the nominee of any of the fore (ddd) Series means a series of the Bonds issued pursuant to this o i ace. (eee) "State " means the State of Washington. (fff) "System of Registration " means the system of regis f r the City's bonds and other obligations set forth in Ordinance No. 2451 of the City. p (ggg) "Tax -Exempt" means, with res p ect to a Bond ii'ferest on the Bond is intended as of the Issue Date, to be excluded from gross income f-� ral income tax purposes. .. (hhh) "Term Bond" means each Bond dpWated as a Term Bond and subject to mandatory redemption in the years and amoun t h in the Bond Purchase Contract. (iii) "Undertaking" means the u_Agejtaking to provide continuing disclosure entered into pursuant to Section 16. 0�10:) Section 2. Findings a terrminations. The City takes note of the following facts and makes the following findinq an determinations: (a) Authority ect. The City is in need of certain improvements to Civic Park and other capital projects. City Council therefore finds that it is in the best interests of the City to finance the Project. (b) 'A jthaKty to Finance Project. Pursuant to applicable law, including chapters 35.37, 39.36, 39.44, 6, and 39.52 RCW, the City is authorized to issue general obligation bonds for the purpose the Project. Refunding of 2011 Refunded Bonds. The City Council finds that it is in the best i e s of the City and its taxpayers to issue the 2011 Refunding Bonds to carry out the 2011 Re ding Plan if, in the determination of the Designated Representative, a savings will be effected by the difference between the principal and interest cost over the life of the 2011 Refunding Bonds and the principal and interest cost over the life of the 2011 Refunded Bonds but for such refunding, as set forth in Exhibit A. The City Council further finds that a 2011 Refunding Plan approved by the Designated Representative in accordance with this ordinance will discharge and satisfy the obligations, pledges, charges, trusts, covenants, and agreements of the City under the 2011 Bond Ordinance as to the 2011 Refunded Bonds, and the 2011 Refunded Bonds shall no longer be 6 FG:54375381.2 Packet Pg. 125 7.5.a deemed to be outstanding immediately upon the deposit of the money specified in the 2011 Refunding Plan with the registrar for the 2011 Bonds (or, if so determined by the Designated Representative, with the Refunding Trustee). (d) Authority to Carry Out 2011 Refunding Plan. Pursuant to applicable law, including chapters 35.37, 39.36, 39.44, 39.46, 39.52, and 39.53 RCW, the City is authorized to issue general obligation bonds for the purpose of carrying out the 2011 Refunding Plan. "II (e) Refunding of 2012 Refunded Bonds. The Edmonds PFD, as obligor on tl�e 2 Refunded Bonds, has requested that the City carry out the 2012 Refunding Plan to modify debt service requirements. The City Council finds that it is in the best interests of the and its taxpayers and of the Edmonds PFD and its taxpayers to issue the 2012 Refundin I s to carry out the 2012 Refunding Plan to modify debt service requirements. The City tc 1 further finds that a 2012 Refunding Plan approved by the Designated Representative in cc rdance with this ordinance will discharge and satisfy the obligations, pledges, charges, trusts, covenants, and agreements of the City under the 2012 Bond Ordinance as to the 2 Si� nded Bonds, and the 2012 Refunded Bonds shall no longer be deemed to be outstandin upon the deposit of the money specified in the 2012 Refunding Plan with the Re g Trustee. (f) Authority to Carry Out 2012 Refunding Pl suant to applicable law, including chapters 35.37, 39.36, 39.44, 39.46, 39.52, and 39.53 RC�he City is authorized to issue general obligation bonds for the purpose of carrying out the �efunding Plan. (g) Debt Capacity. Based on the authorized to be issued pursuant to this ordiV the City for general municipal purposes 4frWing facts, the principal amount of Bonds is within the amount permitted to be issued by a vote: (1) The assessedk*u on of the taxable property within the City as ascertained by the last preceding assessmen foNCity purposes for collection in the calendar year 2021 is $11,648,792,913. 0 (2) AsA December 31, 2020, the City had limited tax general obligation indebtedness outstandin (consisting of bonds, loans, and a nonexchange financial guarantee) in the principal amo)y� 9,741,038, which was incurred within the limit of up to 11/2% of the value of the taxable within the City permitted for general municipal purposes without a vote ($174,731,891 '(3) As of December 31, 2020, the City had no unlimited tax general obligation outstanding. Y Section 3. Purpose and Authorization of Bonds. The City is authorized to borrow money on the credit of the City and issue negotiable limited tax general obligation improvement and refunding bonds evidencing indebtedness in one or more Series in aggregate principal amount not to exceed the amount set forth in Appendix A to provide funds necessary to finance the Project, carry out the 2011 Refunding Plan, and carry out the 2012 Refunding Plan. The proceeds of the Project Bonds shall be deposited as set forth in Section 8(b) and shall be used to carry out the Project, or a portion of the Project, in such order of time as the City determines is advisable and practicable. The proceeds of the 2011 Refunding Bonds shall be deposited as set forth in Section 14 7 FG:54375381.2 Packet Pg. 126 7.5.a and shall be used to carry out the 2011 Refunding Plan. The proceeds of the 2012 Refunding Bonds shall be deposited as set forth in Sections 14 and shall be used to carry out the 2012 Refunding Plan. Section 4. Description of the Bonds; Appointment of Designated Representative. The Finance Director, or the Assistant Finance Director in the absence of the Finance Director, is appointed as Designated Representative and is authorized and directed to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to ve the Final Terms of each Series, with such additional terms and covenants as the Deed Representative deems advisable, within the parameters set forth in Exhibit A, which is^� % ed to this ordinance and incorporated by this reference. Section 5. Registrar; Registration and Transfer of Bonds. O (a) Registration of Bonds. Each Bond shall be issued only in r gi Terred form as to both principal and interest and the ownership of each Bond shall be recojdethe Bond Register. (b) Registrar; Duties. The Fiscal Agent is appointed Ainitial Registrar. The Registrar shall keep, or cause to be kept, sufficient books for the registrationtransfer of the Bonds, which shall be open to inspection by the City at all times. The Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's ing agent for the Bonds, and to carry out all of the Registrar's powers and duties under th' o ance and the System of Registration. The Registrar shall be responsible for its represe contained in the Registrar's Certificate of Authentication on each Bond. The Registrar 7nay ecome an Owner with the same rights it would have if it were not the Registrar and, to t (p fit permitted by law, may act as depository for and permit any of its officers or director t was members of, or in any other capacity with respect to, any committee formed to prote hts of Owners. (c) Bond Register; �f er and Exchange. The Bond Register shall contain the name and mailing address of ea tered Owner and the principal amount and number of each Bond held by each Registered O er. A Bond surrendered to the Registrar may be exchanged for a Bond or Bonds in any Authori,ped enomination of an equal aggregate principal amount and of the same Series, maturity, d interest rate. A Bond may be transferred only if endorsed in the manner provided ther Ian urrendered to the Registrar. Any exchange or transfer shall be without cost to the Owner o r nsferee. The Registrar shall not be obligated to exchange any Bond or transfer registered ship during the period between the applicable Record Date and the redemption date. ZN d) Securities Depository; Book -Entry Only Form. If a Bond is to be issued in book- ent form, DTC shall be appointed as initial Securities Depository and the Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully immobilized in book -entry only form by the Securities Depository in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no longer to be held in book- 8 FG:54375381.2 Packet Pg. 127 7.5.a entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Bonds no longer shall be held in book -entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Registrar shall have any obligation to participants of any Se^tics Depository or the persons for whom they act as nominees regarding accuracy of any ecords maintained by the Securities Depository or its participants. Neither the City nor the Re ' kar shall be responsible for any notice that is permitted or required to be given to a Register 'wner of a Bond registered in the name of the Securities Depository except such notice as ' fired to be given by the Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bondt e prepared in a form consistent with the provisions of this ordinance and State law. Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures manual or in facsimile, and the seal of the City or a facsimile reproduction thereof slN impressed or printed thereon. If any officer whose manual or facsimile signature appears > Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearin al or facsimile signature of such officer is authenticated by the Registrar, or issued or de ' e y the City, the Bond nevertheless may be authenticated, issued, and delivered and, when enticated, issued, and delivered, shall be as binding on the City as though that person h co inued to be an officer of the City authorized to sign bonds. Any Bond also may be signe� ehalf of the City by any person who, on the actual date of signing of the Bond, is an off ems' e City authorized to sign bonds, although such officer did not hold the required office on safe Date. (b) Required Stater, it on 2012 Refunding Bonds. Each 2012 Refunding Bond shall include on such Refundi 0 Q;Bond and in any Official Statement for the sale of any such 2012 Refunding Bond substantliNy the following statement, as required by Section CA of the County PFD Interlocal Agreement: e �012 Refunding Bonds are obligations of the City, payable from ments transferred to the City by the Edmonds PFD, from certain real tate excise tax receipts, and from other money of the City legally available therefor. The PFD Allocation Bonds are not obligations of the Edmonds PFD, the County or the County PFD. The Edmonds PFD, the County, and the County PFD are political subdivisions of the state of Washington separate from the City. All liabilities incurred by the City incurred in connection with the Edmonds PFD shall be satisfied exclusively from the assets, credit, and property of the City and no creditor or other person shall have any right of action against or recourse to the Edmonds PFD (except to the extent of required payments under the County PFD Interlocal Agreement), the County PFD, the County, 9 FG:54375381.2 Packet Pg. 128 7.5.a or any of their respective assets, credit or services on account of any debts, obligations, liabilities, or omissions of the City. The County PFD is a municipal corporation organized under RCW 36.100.010 and Amended Ordinance No. 01-041 of Snohomish County. Amended Ordinance No.01-041 expressly provides: "All liabilities incurred by the [County PFD] shall be satisfied exclusively from the assets, credit, and property of the [County PFD] and no creditor or other. person shall have any right of action against or recourse to the County, it assets, credit, or services on account of any debts, obligations, liabilities omissions of the [County PFD]." (c) Authentication. Only a Bond bearing a Certificate o �entication in substantially the following form, manually signed by the Registrar, shall be li or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate of A hentication. This Bond is one of the fully registered City of Edmonds, Washington, Li it x General Obligation [Improvement and] [Refunding] Bonds, [Series and other designat escribed in the Bond Ordinance." The authorized signing of a Certificate of Authentic shall be conclusive evidence that the Bond so authenticated has been duly executed, aut1w , and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal 94V& interest on each Bond shall be payable in lawful money of the United States of America ri al of and interest on each Bond registered in the name of the Securities Depository are e in the manner set forth in the Letter of Representations. Interest on each Bond not i�st red in the name of the Securities Depository is payable by electronic transfer on the intexpayment date, or by check or draft of the Registrar mailed on the interest payment date, egistered Owner at the address appearing on the Bond Register on the Record Date. The C� V� of required to make electronic transfers except pursuant to a request by a Registered Owper iiTwriting received on or prior to the Record Date and at the sole expense of the Registere er. Principal of each Bond not registered in the name of the Securities Depository is upon presentation and surrender of the Bond by the Registered Owner to the Registrar. Th onds are not subject to acceleration under any circumstances. I Section 8 Funds and Accounts; Deposit of Proceeds. (a) d Fund. The Bond Fund is created as a special fund of the City for the purpose of paying pal of and interest on the Bonds. All amounts allocated to the payment of the princ' of nd interest on the Bonds shall be deposited in the Bond Fund as necessary for the ti ment of amounts due with respect to the Bonds. The principal of and interest on the d shall be paid out of the Bond Fund. Until needed for that purpose, the City may invest mo y in the Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the Bond Fund and used for the purposes of the Bond Fund. (b) Project Fund. The Project Fund is authorized to be created as a fund of the City for the purpose of paying the costs of the Project. Proceeds received from the sale of the Project Bonds shall be deposited into the Project Fund and used to pay the costs of the Project, including costs of issuance and of the Project Bonds. If so provided in the Refunding Trust Agreement, 10 FG:54375381.2 Packet Pg. 129 7.5.a proceeds of the Project Bonds to be used to pay costs of issuance and sale of the Project Bonds may be deposited with the Refunding Trustee for that purpose. Until needed to pay such costs, the City may invest those proceeds temporarily in any legal investment, and the investment earnings shall be retained in the Project Fund and used for the purposes of the Project Fund, except that earnings subject to a federal tax or rebate requirement (if applicable) may be withdrawn from the Project Fund and used for those tax or rebate purposes. Section 9. Redemption Provisions and Purchase of Bonds. ,,,��N (a) Optional Redemption. The Bonds shall be subject to redemption at th �G n of the City on terms acceptable to the Designated Representative, as set forth in the B chase Contract, consistent with the parameters set forth in Exhibit A. O (b) Mandatory Redemption. Each Bond that is designated as a T Pond in the Bond Purchase Contract, consistent with the parameters set forth in Exhibit an except as set forth below, shall be called for redemption at a price equal to the stated pri c' ount to be redeemed, plus accrued interest, on the dates and in the amounts as set forth in e nd Purchase Contract. If a Term Bond is redeemed under the optional redemption provAns, defeased, or purchased by the City and surrendered for cancellation, the principal amo� e Term Bond so redeemed, ' defeased, or purchased (irrespective of its actual redemp &,od rchase price) shall be credited against one or more scheduled mandatory redemption in a lnents for that Term Bond. The City shall determine the manner in which the credit is to�*ocated and shall notify the Registrar in writing of its allocation prior to the earliest m a redemption date for that Term Bond for which notice of redemption has not already bee n. " ;;F (c) Selection of Bonds for Re "Won; Partial Redemption. If fewer than all of the outstanding Bonds are to be redeeme • option of the City, the City shall select the Series and maturities to be redeemed. If fewe n 111 of the outstanding Bonds of a maturity of a Series are to be redeemed, the Securities pepArsitory shall select Bonds registered in the name of the Securities Depository to be reAkNed in accordance with the Letter of Representations, and the Registrar shall select all 01 Bc#ids to be redeemed as specified by the Designated Representative in such manner as the Cit irects and as the Registrar shall determine. All or a portion of the principal amount of aryl Bond that is to be redeemed may be redeemed in any Authorized Denomination. I s than all of the outstanding principal amount of any Bond is redeemed, upon surrender of tya'It Bo d to the Registrar, there shall be issued to the Registered Owner, without charge, a n w d (or Bonds, at the option of the Registered Owner) of the same Series, maturity, and interes in any Authorized Denomination in the aggregate principal amount to remain outstay y (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first- class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if 11 FG:54375381.2 Packet Pg. 130 7.5.a required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time on or prior to the scheduled optional redemption date. Any notice of optional redemption, t is so rescinded shall be of no effect, and each Bond for which a notice of optional redempdlh as been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on each Bond duly called for redem hall cease to accrue on the date fixed for redemption, unless either the notice of o redemption is rescinded as set forth in subsection (e) of this Section, or money suf ie to effect such c redemption is not on deposit in the Bond Fund or in a trust account establishe to refund or defease o the Bond. 'S �s � 0 (g) Purchase of Bonds. The City reserves the right to chase any or all of the Bonds 0° offered to the City or in the open market at any time at any p.ric ce;able to the City plus accrued interest to the date of purchase. Section 10. Failure To Pay Bonds. If thegpal of any Bond is not paid when the 0 Bond is properly presented at its maturity or dat x or redemption, the City shall be obligated to pay interest on that Bond at the same rate d in the Bond from and after its maturity or `o date fixed for redemption until that Bond, oth principal and interest, is paid in full or until c sufficient money for its payment in full ' deposit in the Bond Fund, or in a trust account I established to refund or defease the,19 kNrnd the Bond has been called for payment by giving notice of that call to the Registere n . 0 m Section 11. Securi he Bonds. c N I (a) Pledge o es. The Bonds constitute a general indebtedness of the City and are L payable from tax revenues f the City and such other money as is lawfully available and pledged o by the City for the payment of principal of and interest on the Bonds. For so long as any of the CD Bonds are out tandir)g, the City irrevocably pledges that it shall, in the manner provided by law E within the con 'tutional and statutory limitations provided by law without the assent of the voters, include in nual property tax levy amounts sufficient, together with other money that is a lawfu v ' able, to pay the principal of and interest on the Bonds as the same become due. The fu� credit, and resources of the City are pledged irrevocably for the prompt payment of the pr ci a of and in on the Bonds, and such pledge shall be enforceable in mandamus against the City. (b) Payment of the 2011 Refunding Bonds. Without limiting the provisions of subsection (a) of this Section, the City intends that principal of and interest on the 2011 Refunding Bonds be paid from Net Revenue of the Water and Sewer Utility, as such terms are defined in and in accordance with, the ordinances of the City authorizing the issuance of its outstanding water and sewer revenue bonds, including Ordinance No. 4197, passed on October 13, 2020. 12 FG:54375381.2 Packet Pg. 131 (c) Additional Pledge to the 2012 Refunding Bonds. As required by the County PFD Interlocal Agreement, the City expressly pledges to the payment of the principal of and interest on the 2012 Refunding Bonds the following resources, in the following order: (1) the Intergovernmental Payments received by the City under the County PFD Interlocal Agreement as a result of the sales tax collected by the Edmonds PFD; (2) the Real Estate Excise Taxes; and (3) the Intergovernmental Payments received by the City under the County PFD Interlocal Agreement as a result of the sales tax collected by the County PFD. Section 12. Tax Covenants; Designation of Tax-Exem t Bonds as " ualifi - Exempt Obligations." a Preservation o Tax Exemption or Interest on Tax -Exempt Bonds City will () .f p f p Y take all actions necessary to prevent interest on the Tax -Exempt Bonds fr I�lg included in gross income for federal income tax purposes, and it will neither take an ac on nor make or c permit any use of proceeds of the Bonds or other funds of the City treated proceeds of the Bonds o that will cause interest on the Tax -Exempt Bonds to be included in gWs5' me for federal income tax purposes. The City will, to the extent the arbitrage rebate requirements of section 148 of the c Code are applicable to the Tax -Exempt Bonds, take all action ecessary to comply (or to be re Wm treated as having complied) with those requirements in coith the Tax -Exempt Bonds. c (b) Post -Issuance Compliance. The Finance�ector is authorized and directed to review and update the City's written procedures to A�iitate compliance by the City with the covenants in this Section and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Tax -Exempt Bonds from being included in gross income ° for federal tax purposes. v 7 c i (c) Designation of Tax- .I< onds as "Qualified Tax -Exempt Obligations." A � Series of Tax -Exempt Bonds ma signated as "qualified tax-exempt obligations" for the c purposes of section 265(b)(3) of tie de, if the following conditions are met: 00 (1) the r�does not constitute "private activity bonds" within the meaning Ni of section 141 of the Code, 2 0 (2)4C the reasonably anticipated amount of tax-exempt obligations (other than private activi on and other obligations not required to be included in such calculation) that E the City and a entity subordinate to the City (including any entity that the City controls, that derives its Mrity to issue tax-exempt obligations from the City, or that issues tax-exempt a obligkttltsjbehalf of the City) will issue during the calendar year in which the Series is issued wilj.Wd $10,000,000 (or such other amount that may on the Issue Date be in effect under the Ve); and (3) the amount of tax-exempt obligations, including the Series, designated by the City as "qualified tax-exempt obligations" for the purposes of section 265(b)(3) of the Code during the calendar year in which the Series is issued does not exceed $10,000,000 (or such other amount that may on the Issue Date be in effect under the Code). Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a 13 FG:54375381.2 Packet Pg. 132 7.5.a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on any or all of the Bonds (the "defeased Bonds"); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account"), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund, or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds all cease and become void. Thereafter, the Registered Owners of defeased Bonds shall have N` ht to receive payment of the principal of and interest on the defeased Bonds solely fro W trust account and the defeased Bonds shall be deemed no longer outstanding. In that event ity may apply money remaining in any fund or account (other than the trust account) e ed for the payment or redemption of the defeased Bonds to any lawful purpose. c Unless otherwise specified by the City in a refunding or def sance plan, notice of L refunding or defeasance shall be given, and selection of Bondsa partial refunding or defeasance shall be conducted, in the manner prescribed in this ordijce for the redemption of m Bonds. b„ Section 14. Refunding Plans. lans. •'�, � (a) Appointment of Refunding Trustee. ank National Association is appointed as Refunding Trustee. 0 (b) Use of 2011 Refunding Bon Pr ceeds. The proceeds of the sale of the 2011 c Refunding Bonds shall be deposited imme upon the receipt thereof with the registrar for the �i 2011 Bonds (or, if so determined by iiX�' ignated Representative, with the Refunding Trustee) and used to discharge the obligati e City relating to the 2011 Refunded Bonds under the o 2011 Bond Ordinance by providi fo the payment of the amounts required to be paid by the 2011 00 Refunding Plan. As determi y the Designated Representative, such obligations shall be c discharged fully by eithe i t ayment when due by the registrar for the 2011 Refunded Bonds CMi of the amount required t0 paid by the 2011 Refunding Plan or (ii) to the extent practicable, the L Refunding Trustee's sijtultaneous purchase of Acquired Obligations, bearing such interest and maturing as to p ipal and interest in such amount and at such time so as to provide, together with a beginn' Lc��as balance, if necessary, for the payment of the amount required to be paid by the 2011 efu�..7`'lg Plan. Any such Acquired Obligations shall be listed and more E particularly described i exhibit to be attached to the Refunding Trust Agreement, but are subject to a substigi s set forth in subsection (d) of this Section. Any 2011 Refunding Bond proceeds or olie su*h money deposited with the Refunding Trustee not needed to carry out the 2011 R-Nokng Plan shall be returned to the City as soon as practicable after the Issue Date and deposited in the Bond Fund to pay interest on the Bonds on the first interest payment date. (c) Use of 2012 Refunding Bond Proceeds. The proceeds of the sale of the 2012 Refunding Bonds shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used to discharge the obligations of the City relating to the 2012 Refunded Bonds under the 2012 Bond Ordinance by providing for the payment of the amounts required to be paid by the 2012 Refunding Plan. To the extent practicable, such obligations shall be discharged fully 14 FG:54375381.2 Packet Pg. 133 7.5.a by the Refunding Trustee's simultaneous purchase of Acquired Obligations, bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amounts required to be paid by the 2012 Refunding Plan. Such Acquired Obligations shall be listed and more particularly described in an exhibit to be attached to the Refunding Trust Agreement, but are subject to substitution as set forth in subsection (d) of this Section. Any 2012 Refunding Bond proceeds or other such money deposited with the Refunding Trustee not needed to carry out the 2012 Refunding Plan shall be returned to the City as soon as practicable after the Issue Da1�d deposited in the Bond Fund to pay interest on the Bonds on the first interest payment date�.'� (d) Substitution of Acquired Obligations. Prior to the purchase of cquired Obligations by the Refunding Trustee, the City reserves the right to substi er direct, noncallable obligations of the United States of America ("Substitute Oblige" for any of the c Acquired Obligations and to use any savings created thereby for any lawful i purpose if, (i) in the opinion of Bond Counsel, the interest on the Tax -Exempt Bonds, th OI I Refunded Bonds, '2 L and the 2012 Refunded Bonds will remain excluded from gross inco e or federal income tax purposes under sections 103, 148, and 149(d) of the Code, and (ii) such s4bstitution will not impair m the timely payment of the amounts required to be paid by the Reding Plan, as verified by a nationally recognized independent certified public accountinc After the purchase of the Acquired Obligations b S�Iefanding Trustee, the City reserves the right to substitute therefor cash or Substitute O ons subject to the conditions that such cash or Substitute Obligations will be sufficient a out the 2011 Refunding Plan and the 2012 Refunding Plan, that such substitution will not the Tax -Exempt Bonds, the 2011 Bonds, or .°a the 2012 Bonds to be arbitrage bonds wiAi he meaning of section 148 of the Code and c regulations thereunder in effect on the dat bf�luch substitution and applicable to obligations issued .0 on the issue dates of the Bonds, the, onds, and the 2012 Bonds, as applicable, and that the City obtain, at its expense: (i) a verifiidn by a nationally recognized independent firm acceptable m° to the Refunding Trustee confirming tffat the payments of principal of and interest on the Substitute Obligations, if paid when due, and any other money held by the Refunding Trustee will be N sufficient to carry out the 201 ?Vefunding Plan and the 2012 Refunding Plan; and (ii) an opinion 1 of Bond Counsel that the disposition and substitution or purchase of such Substitute Obligations, o under the statutes, les, and regulations then in force and applicable to the Tax -Exempt Bonds, will not cause e ' terest on the Tax -Exempt Bonds, the 2011 Refunded Bonds, or the 2012 Refunded B to be included in gross income for federal income tax purposes and that such dispositio n bstitution or purchase is in compliance with the statutes and regulations applica e t e Tax -Exempt Bonds. Any surplus money resulting from the sale, transfer, other a disp or redemption of the Acquired Obligations and the substitutions therefor shall be r a rom the trust estate and transferred to the City to be used for any lawful City purpose. (e) Administration of Refunding Plan. The Refunding Trustee is authorized and directed to purchase the Acquired Obligations (or Substitute Obligations), if so directed by the Designated Representative, and to make the payments required to be made by the 2011 Refunding Plan (if so determined by the Designated Representative) and the 2012 Refunding Plan from the Acquired Obligations (or Substitute Obligations) and money deposited with the Refunding Trustee pursuant to this ordinance. All Acquired Obligations (or Substitute Obligations) and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, 15 FG:54375381.2 Packet Pg. 134 7.5.a invested, and applied in accordance with the provisions of the 2011 Bond Ordinance (if so determined by the Designated Representative) and the 2012 Bond Ordinance, this ordinance, chapter 39.53 RCW and other applicable statutes of the State, and the Refunding Trust Agreement. (f) Authorization for Refunding Trust Agreement. The Finance Director is authorized and directed to execute and deliver to the Refunding Trustee a Refunding Trust Agreement setting forth the duties, obligations, and responsibilities of the Refunding Trustee in connection with carrying out the 2011 Refunding Plan (if so determined by the Designated Representative) ai%the 2012 Refunding Plan. �'�, (g) Authorization for Replacement 2012 Bonds. The City may issue repl t 2012 Bonds in principal amounts reflecting the principal amount of the 2012 Refunde ds and the 2012 Bonds to remain outstanding. The replacement bonds shall be pr' xecuted, and authenticated as provided in the 2012 Bond Ordinance. c L (h) Calls for Redemption of Refunded Bonds. The City c ll 2011 Refunded Bonds O for redemption on the 2011 Redemption Date. Such call for redemp s 11 be irrevocable after 0 the delivery of the 2011 Refunding Bonds to the Purchaser. T City calls the 2012 Refunded 0° Bonds stated to mature after the 2012 Redemption Date for r on on the 2012 Redemption 2 Date. Such call for redemption shall be irrevocable after tl ery of the 2012 Refunding Bonds to the Purchaser. The proper City officials are authorized directed to give or cause to be given such notices as required, at the times and in the ma+quired by the 2011 Bond Ordinance to effect the redemption prior to their maturity of jil Refunded Bonds and by the 2012 Bond Ordinance to effect the redemption prior to thei ity of the 2012 Refunded Bonds. ° 0 (i) Findings with Respect to 2 efunding Plan. Prior to approving the sale of the 2011 Refunding Bonds, the Designat d sentative shall make the following determinations in writing if in the judgment of the D a d Representative the following conditions are satisfied: 0 (1) the savings that will be effe ed s measured by the difference between the principal and 00 interest cost over the life of th 1 Refunding Bonds and the principal and interest cost over the c life of the 2011 Refunded Bon , but for such refunding) shall be equal to at least the percentage Ni savings set forth in Exhibit*, and in making such determination, the Designated Representative L shall give consideration► to the fixed maturities of the 2011 Refunding Bonds and the 2011 Refunded Bond e costs of issuance of the 2011 Refunding Bonds, and the known earned income from e i estment of the proceeds of the 2011 Refunding Bonds, if any, pending redemptio of 2011 Refunded Bonds; and (2) the 2011 Refunding Plan will provide sufficient funds to di ge and satisfy the obligations of the City under the 2011 Bond Ordinance, and in a maki determination, the Designated Representative may rely upon a verification by a natiort recognized independent certified public accounting firm or a certification of the Muuipal Advisor. 0) Finding with Respect to 2012 Refunding Plan. Prior to approving the sale of the 2012 Refunding Bonds, the Designated Representative shall determine in writing that the 2012 Refunding Plan will provide sufficient funds to discharge and satisfy the obligations of the City under the 2012 Bond Ordinance, and in making such determination, the Designated Representative may rely upon a verification by a nationally recognized independent certified public accounting firm. 16 FG:54375381.2 Packet Pg. 135 7.5.a Section 15. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series by private placement, negotiated sale, or competitive sale in accordance with a notice of sale consistent with this ordinance, based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel, the Municipal Advisor, and other advisors. In determining the method of sale of a Series and accepting the Final Terms, the Designated Representative shall tak 'nto account the factors that, in the judgment of the Designated Representative, may be ex p to result in the lowest true interest cost to the City. (b) Procedure for Private Placement or Negotiated Sale. IfJated esignated Representative determines that a Series is to be sold by private placement sale, the Designated Representative shall select one or more Purchasers with which n otiate such sale. The Bond Purchase Contract for each Series shall set forth the Final erms. The Designated Representative is authorized to execute the Bond Purchase Contract,`o if of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (c) Procedure for Competitive Sale. If the Designated Representative determines that a Series is to be sold by competitive sale, the Designated Representative shall cause the preparation of an official notice of bond sale setting forth parameters for the Final Terms and any other bid parameters that the Designated Representative deem appropriate consistent with this ordinance. Bids for the purchase of each Series shall be rec e�k the time or place and by the means as the Designated Representative directs. On the da time established for the receipt of bids, the Designated Representative (or the designee the esignated Representative) shall open bids and shall cause the bids to be mathematically led. The Designated Representative is authorized to award, on behalf of the City, the wi 'bid and accept the winning bidder's offer to purchase the Series, with such adjustment he aggregate principal amount and principal amount per maturity as the Designated Rep r seriTative deems appropriate, consistent with the terms of this ordinance, and the official nQof sale, the Purchaser's bid, and the award by the City shall constitute the Bond Pq ociaW Contract for purposes of this ordinance. The Designated Representative may reject aNy or all bids submitted and may waive any formality or irregularity in any bid or in the bi ding`process if the Designated Representative deems it to be in the City's best interest to do so4lkall bids are rejected, the Series may be sold pursuant to negotiated sale or in any manner p de y law as the Designated Representative determines is in the best interest of the City, c 3is t with this ordinance. ,4COL'I,Y Preparation, Execution, and Delivery of the Bonds. The Bonds will be prepared at City Aense and will be delivered to the Purchaser in accordance with the Bond Purchase Co tr ct, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 16. Official Statement; Continuing Disclosure. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review and, if acceptable to the Designated Representative, approve the preliminary Official Statement prepared in connection with the sale of each Series to the public or through a Purchaser as a placement agent. For the sole purpose of the Purchaser's compliance with paragraph (b)(1) of 17 FG:54375381.2 Packet Pg. 136 7.5.a Rule 15c2-12, the Designated Representative is authorized to deem that preliminary Official Statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary Official Statement that has been approved by the Designated Representative and if applicable, deemed final, in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final Official Statement for each Series to be sold to the public or through a Purchaser as pla, ent agent, in the form of the preliminary Official Statement that has been approved and, if ap e, deemed final in accordance with subsection (a) of this Section, with such modific and amendments as the Designated Representative deems necessary or desirable, ' further authorizes the Designated Representative to execute and deliver such final Offs 'i atement to the Purchaser if required under Rule 15c2-12 or the Bond Purchase Contrac . pity authorizes and approves the distribution to purchasers and potential purchasers of tl B nds of that final Official Statement. (c) Undertaking to Provide Continuing Disclosur6mcessary to meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting as a participating underwriter for a Series, the Designated Refire tative is authorized to execute a written undertaking to provide continuing disclosure fovNNnefit of holders of the Series in substantially the form attached as Exhibit B to this ordina , which is incorporated herein by this reference. n� �►+ Section 17. Amendatory Ordinance I e City may supplement or amend this ordinance for any one or more of the followil D rposes without the consent of any Owners: (a) To add covenants dements that do not materially adversely affect the interests of Registered Owners, or urrender any right or power reserved to or conferred upon the City; or (b) To cure an mbiguities, or to cure, correct, or supplement any defective provision contained in this ordinanc V a manner that does not materially adversely affect the interest of the Registered Owners. Sectio $. 7 Amendment of County PFD Interlocal Agreement. The Mayor is authorized an erected, on the City's behalf, to execute and deliver an amendment to the County PFD Interl greement in substantially the form attached hereto as Exhibit C. ion 19. General Authorization and Ratification. The Designated Representative of er appropriate officers of the City are each individually authorized to take such actions and to cute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of each Series to the Purchaser and for the proper application, use, and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. 18 FG:54375381.2 Packet Pg. 137 7.5.a Section 20. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. ��++.��� Section 21. Effective Date of Ordinance. This ordinance shall take effect.4; a in force from and after its passage and five days following its publication as required by law and is not subject to referendum. 0Nr PASSED by the City Council and APPROVED by the Mayor of Ce Vity of Edmonds, Washington, at an open public meeting thereof, this day of A— , 2021. N6*t ATTEST: City Clerk, Scott Passey APPROVED AS TO FORM: or, Mike Nelson AQ.� �� .. C-4� FOSTER GARVEY P.C. Bond Counsel 19 FG:54375381.2 Packet Pg. 138 7.5.a EXHIBIT A DESCRIPTION OF THE BONDS (a) Principal Amount. The Bonds may be issued in one or more Series. The Project Bonds shall not exceed the aggregate principal amount of $6,500,000. The 2011 Refunding Bonds shall not exceed the aggregate principal amount rg red to carry out the 2011 Refunding Plan. The 2012 ding Bonds shall not exceed the aggregate pri 11 amount required to carry out the 2012 Refundin (b) Date or Dates. Each Bond shall be dated the IssieRt, which date may not be later than one year after�►ffective date of this ordinance. (c) Denominations, Name. The Bonds shall be issue thorized Denominations and shall be numbereAeparately in the manner and shall bear any name a tional designation as deemed necessary A ropriate by the Designated Representativzr (d) Interest Rate. Eac o� all bear interest at a fixed rate per annum (c on the basis of a 360-day year consisting of t}�ely 30-day months) from the Issue Date or from the .� recent date for which interest has been paid or duly o • rvided for, whichever is later. One or more rates of interest may be fixed for the Bonds. No rate of interest for any J may Project Bond exceed 5.25% and the true interest Y cost to the City for the Project Bonds may not exceed (e) Payment Datps. Interest shall be payable semiannually on dates acceptable to the Designated Representative, commencing no later than one year after the Issue Date. Principal payments shall commence on a date acceptable to the Designated Representative and shall be payable annually thereafter at maturity or in mandatory redemption installments, on dates acceptable to the Designated Representative. A-1 FG:54375381.2 Packet Pg. 139 7.5.a (f) Final Maturity. The Project Bonds shall mature no later than the date that is 21 years after the Issue Date. The 2011 Refunding Bonds shall mature no later than six months after the final stated maturity of the 2011 Refunded Bonds. The 2012 Refunding Bonds shall mature no later than December 1, 2041. (g) Redemption Rights. The Designated Representative may approve i4 kBond Purchase Contract provisions for the op^ and mandatory redemption of Bonds, subject to k llowing: (1) Optional Redemption. Any may be designated as being (A) sub' t edemption at the option of the City prior t is aturity date on the dates and at the prices se fort in the Bond Purchase Contract; or (B) nSS��t �Su ' ct to redemption prior to its maturity date. Ifa�,'�'a -Exempt Bond is subject to optional redeon prior to its maturity, it must be subjectto A&demption on one or more dates occurrin� ore than 101/z years after the Issue Date.� (2) 4atory Redemption. Any Bond may be rgnated as a Term Bond, subject to mandatory v redemption prior to its maturity on the dates and in the amounts set forth in the Bond Purchase Contract. SThe (h) Price. � purchase price for each Series may not be less than 95% or more than 140% of the stated amount of principal 0 the Series. (i) Other Terms an`j'onditions. (1) No Series may be issued if it would cause the indebtedness of the City to exceed the City's legal debt capacity on the Issue Date. (2) The Designated Representative may determine whether it is in the City's best interest to provide for bond insurance or other credit enhancement, and may accept such additional terms, conditions, and covenants as the Designated Representative may determine are in the best interests of the City, consistent with this ordinance. (3) The Designated Representative may determine which, if any, of the Bonds are to be Tax -Exempt Bonds. A-2 FG:54375381.2 Packet Pg. 140 7.5.a (3) The Designated Representative may specify that the 2011 Redemption Date is other than December 1, 2021. (4) The 2011 Refunding Bonds shall produce a minimum net present value savings to the City and its taxpayers of at least 3.00% (as a percentage of the 2011 Refunded Bonds). Net press value savings means the aggregate different A, een (i) annual debt service on the 2011 Re JAOd Bonds, less (ii) annual debt service on the, efunding Bonds (including expenses r 'j*kO to costs of issuance of the 2011 Refu finds), discounted to the Issue Date using Ve yield on the 2011 Refunding Bonds a�he discount rate, plus (iii) excess cash, if tributed to the City on the Issue Date allocablthe 2011 Refunding Bonds, and less (iv) theunt of additional money of the u e* t City cont6be 2011 Refunding Plan, if any, on the I!Z�e Oate. A-3 FG:54375381.2 Packet Pg. 141 7.5.a EXHIBIT B Form of UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Edmonds, Washington Limited Tax General Obligation [Improvement and] [Refunding] Bonds, [Series] The City of Edmonds, Washington (the "City"), makes the following written Underc g for the benefit of holders of the above -referenced bonds (the "Bonds"), for the sole uGose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rulg, fsll�-12, as applicable to a participating underwriter for the Bonds. Capitalized terms used b1*LWot defined below shall have the meanings given in Ordinance No. of the City (thgi*BQ Ordinance"). (a) Undertaking to Provide Annual Financial Information and NoMe of Listed Events. The City undertakes to provide or cause to be provided, either dir ct °� through a designated agent, to the MSRB, in an electronic format as prescribed by i`"9RB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operati `da-t�of the type included in the final official statement for the Bonds, as describn paragraph (b)(i) ("annual financial information"); �CD►+ (ii) Timely notice (not in excess of'� mess days after the occurrence of the event) of the occurrence of an o the ollowin events with respect to the Bonds: Y � g p (1) principal and interest pa t delinquencies; (2) non-payment related defaults, if material; (3) unsched claws on debt service reserves reflecting financial difficulties; (4) un d draws on credit enhancements reflecting financial difficulties; (5) su sti ion of credit or liquidity providers, or their failure to perform; (6) ad tax opinions, the issuance by the Internal Revenue Service of proposed determinations of taxability, Notice of Proposed Issue (IRS Form 5701 EB) or other material notices or determinations with respect to the tax status. o the Bonds, or other material events affecting the tax status of the B s; (7) modifications to rights of holders of the Bonds, if material; (8) bond Nis ther than scheduled mandatory redemptions of Term Bonds), if material, 9 tender offers; (9) defeasances; (10) release, substitution, or sale of property curing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, ,[Z insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2-12 (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of y the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) incurrence of a financial obligation of the City or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or obligated B-1 FG:54375381.2 Packet Pg. 142 7.5.a person, any of which affect security holders, if material; and (16) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City or obligated person, any of which reflect financial difficulties. The term "financial obligation" means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the .MSRB consistent with Rule 15c2-12. N�, V (iii) Timely notice of a failure by the City to provide the required a mancial information described in paragraph (b)(i) on or before the d ecified in paragraph (b)(ii). �` c v (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragra,4,J : o (i) Shall consist of (1) annual financial statements pApared (except as noted in the 0° financial statements) in accordance with applicable io,2nerally accepted accounting principles applicable to local government dnits of the State such as the City, as such principles may be changed from tim o Came; (2) general obligation debt that has been authorized and the amount nding; (3) assessed valuation for that fiscal year; (4) assessed valuatio o e fiscal year regular ad valorem property tax levy rate amount rate limit ati Md percentage of tax collected during the fiscal ° year; and (5) amount of geneVfu d revenues from other major tax sources; c MO (ii) Shall be provided not n the last day of the ninth month after the end of each fiscal year of the C' u ently, a fiscal year ending December 31), as such fiscal c year may be chan ed required or permitted by State law, commencing with the 00 City's fiscal ye 'ding December 31, 20_; and c NI .r (iii) May be pro ed in a single or multiple documents, and may be incorporated by 2 specific Vference to documents available to the public on the Internet website of th SRB or filed with the SEC. E If not mitted as part of the annual financial information described in paragraph (b)(i), the City wi� ide or cause to be provided to the MSRB audited financial statements, when and a if availAle. yAmendment of Undertaking. This Undertaking is subject to amendment after the ri offering of the Bonds without the consent of an holder of an Bond or of an broker, p D' g Y Y � Y dealer, municipal securities dealer, participating underwriter, Rating Agency, or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial B-2 FG:54375381.2 Packet Pg. 143 7.5.a information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the retirement or legal defeasance of all of the Bonds. In addition, the, 6kty's obligations under this Undertaking shall terminate if the provisions of Rule 15c2-12 thatjkfTfre the City to comply with this Undertaking become legally inapplicable in respect of th� s for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, ,� e City provides timely notice of such termination to the MSRB. c (f) Remedy for Failure to Comply with Undertaking. As soon pr cticable after the City learns of any failure to comply with this Undertaking, the City will pr cee with due diligence to cause such noncompliance to be corrected. No failure by the Cityer obligated person to O comply with this Undertaking shall constitute a default in respect o nds. The sole remedy c of any holder of a Bond shall be to take action to compel the ' or other obligated person to 0° comply with this Undertaking, including seeking an order cific performance from an 2 appropriate court. c (g) Designation of Official Responsible QWdminister Undertaking. The Finance Director or the designee of the Finance Direct i e person authorized to take such further actions as may be necessary, appropriate, or co t to carry out this Undertaking in accordance with Rule 15c2-12, including the following ((��tio (i) Preparing and filing the U; financial information undertaken to be provided; (ii) Determining whether y event specified in paragraph (a) has occurred, assessing its materiality, W'l re necessary, with respect to the Bonds, and preparing and disseminatufa anrequired notice of its occurrence; (iii) Determining hether any person other than the City is an "obligated person" within the eanmg of Rule 15c2-12 with respect to the Bonds, and obtaining from such rs an undertaking to provide any annual financial information and notice of ed events for that person required under Rule 15c2-12; v) "Selecting, engaging and compensating designated agents and consultants, including municipal advisors and legal counsel, to assist and advise the City in carrying out _4Q this Undertaking; and (v) Effecting any necessary amendment of this Undertaking. B-3 FG:54375381.2 Packet Pg. 144 EXHIBIT C Form of SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR DEVELOPMENT OF THE EDMONDS CENTRE FOR THE ARTS C-1 FG:54375381.2 Packet Pg. 145 7.5.a CERTIFICATION I, the undersigned, City Clerk of the City of Edmonds, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. [ ] (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on [ ], 2021, as that ordinance appears on the mute book of the City. 61� I 2. A quorum of the members of the City Council was present throug%Vnce. Rrneeting and a majority of the members voted in the proper manner for the passage of the 3. The Ordinance will be in full force and effect five days a er p �lication in the City s official newspaper, which publication date is [, 2021. Dated: [], 2021. CITY OF ED S, WASHINGTON Cit.Zl &, Scott Passey A,;�; FG:54375381.2 Packet Pg. 146 8.1 City Council Agenda Item Meeting Date: 10/5/2021 Council Student Representative Interview Staff Lead: Council Department: City Council Preparer: Maureen Judge Background/History Each year, the Edmonds City Council appoints a high school junior or senior to serve as Student Representative for the school year. Staff Recommendation N/A Narrative The Council conducted an application process from August to September. The 2020-2021 Student Representative, Brook Roberts was the only applicant this year. The Council is asked to conduct a short interview and reappoint Brook Roberts to the position of Council Student Representative as a senior for the 2021-2022 school year. Attachments: Brook Roberts Application —Redacted 2021 Packet Pg. 147 8.1.a 2021-2022 Edmonds City Council Student Representative Application Student Representative Resaonsibilities: Attend Edmonds City Council meeting during the 2021-2022 academic year 9/1/21— 8/31/22. The Council has four Council Meetings per month and are held on Tuesdays from 7:00 p.m. to approximately 10:00 p.m. Sometimes meetings go beyond 10:00 p.m. You are not required to stay past 10:00 p.m. It is preferable that the Student Representative attend all four meetings. You may be asked to comment during the meeting or at the end of the meeting when the Council and Mayor make comments (you can choose to pass). Sometimes you will see an "Executive Session" listed on the agenda. Executive sessions are not open to the public and the student representative cannot attend these meetings. You cannot vote on any issue. The Council receives an agenda packet on Friday for upcoming Tuesday meeting. If you have a laptop or other device (iPad, etc.), you may view the agenda on the City's web page by going to www.edmondswa.gov, clicking on the "Government" down arrow and selecting City Council, then click "Agendas." Term of appointment: The appointment term is September through August. The term is predicated on your attendance record as well as preparation and participation in meetings. What is expected of the Student Representative? • You will be assigned a city email address; please use it when communicating about Council business. It is also subject to public records disclosure. • Take an interest in your local government and community. • Become acquainted with the agenda and the contents of the agenda packet for all meetings; be willing to participate in Council discussions (when asked) and bring your point of view to the table along with the views of fellow students. • Acceptance of the appointment means staying for the entire term of the appointment and provide appropriate notice to the City Council if you must resign. Illness or unforeseen circumstances are taken into consideration if a Student Representative does not attend meetings. Eligibility: Students shall reside within the Edmonds city limits, and must be entering grades 11 through 12, or be of equivalent age if not enrolled in a traditional school program. You do not have to attend high school in the Edmonds School District. Mail application to: Edmonds City Council 121 5t" Ave. N. Edmonds WA 98020; or Email to: Maureen.iudge@edmondswa.gov Packet Pg. 148 8.1.a 2021-2022 Edmonds City Council Student Representative Application - Due Sf 30/21 by Spm Name: brook Roberts Birth Date: 05 / 10 04 Home Phone #: Cell Phone M (425)- Address: Edmonds, WA Zip Code: 98020 Email: brook.roberts@)edmondswa.gov 1 bro.robert Names of Parents)/Guardian(s):- John and Hannah Roberts Parents)/Guardian(s) Phone #: John's is (425)- and Hannah's is (425)- What school will you attend next year? Shorewood High School Grade? 12 Please type your answers to the following questions; please feel free to use extra pages far your answers: 1. What volunteer/work experience or extracurricular activities have you been involved in that may contribute to your success as an Edmonds City Council Student Representative? Please see the attached form. 2. What personal strengths/skills will you contribute to the success of your role as the Edmonds City Council Student Representative? Please see the attached form. 3. What issue impacting the Edmonds community are you most passionate about? Please see the attached form. Student Signature: Parent/Guardian Signature: Packet Pg. 149 8.1.a 1. What volunteer/work experience or extracurricular activities have you been involved in that may contribute to your success as an Edmonds City Council Student Representative? I've spent the past (almost) three years volunteering for the city on the Youth Commission and as the Council's Student Representative for the past year. These experiences have provided me with the knowledge of the workings of municipal government and stressed the importance of collaboration with others. Within my involvement, I have been a part of multiple projects such as Edmonds' yearly suicide prevention month and the pronouns inclusion request, while creating tools to engage Edmonds' citizens in municipal government further and empower the underrepresented to make their voices heard. At my high school, I am currently an officer in the Tri-M chapter. This society recognizes students for their musical and academic achievements while providing leadership and service opportunities. In this role, I have worked tirelessly to engage with fellow students from across the music program and start initiatives that benefit all music groups in the long run. With HB 1660 coming into effect, which ensures that all FRLP-eligible students activity fees are covered, I am working to ensure that the budget of our groups is utilized in the most efficient way possible not only to continue to secure equity for students in the music department but also to set up future students to have a budget where they can afford to do trips, more extensive projects, etc. I also served as the Neuroscience Club's President over the past year, now stepping down to pursue other projects. Still, in that role, I spearheaded developing a comprehensive introduction to neuroscience course to supplement other biological science courses that don't include neuroscience. In addition, we have continued to present about neurodiversity and combat the stigma against it while building a solid core of students that are advocates and lifelong learners. Lastly, I am now serving my class as a Senator in the Student Government. I ran for the position because I always felt like an outsider to ASB and no longer wanted to feel that way. Likewise, I didn't want others to feel that way either. In this position, I am working to include and engage with those who have never felt like ASB has catered to or served them by fostering discussions among the student body about our needs and the extent to which ASB can support them. I stepped up because I was tired of waiting for the change; I wanted to be the change. Outside of school, I work in the fast-food industry, where my work has been primarily focused on onboarding and developing effective training methods for new hires. Over the past four months, I have trained approximately fifteen people, all of which have been high performers. In addition, I take pride in how I have individually adapted the training curriculum to each person's needs to create the best outcome for them, the store, and the company. With that said, I would deploy the skills that I've learned from the projects I have completed in the past (community engagement, budget utilization, creating inclusive practices) in anything that Council looks at or takes on. I refuse to sit on the sidelines and wait for Edmonds to become a better place for everyone. Instead, I will actively be the catalyst for change. Packet Pg. 150 8.1.a 2. What personal strengths/skills will you contribute to the success of your role as the Edmonds City Council Student Representative? I live by the quote, "Service above self", as I said last year in my application for the same position. Nothing has changed, I realize that each day, I must put others before me. I plan on using the following strengths to my advantage to serve others in the highest capacity that I am able: • Extended knowledge of city government, of which I am willing to help spread, as I believe it is critical that all citizens of Edmonds understand how to make their voices heard in critical decisions, create connections with their elected officials, and push for real change to make their lives better. o My desire to learn more about pertinent issues facing the city, the ECDC, and the city code. • Coming to meetings prepared with a marked -up agenda, ready to take notes from what citizens say during the public comment period and trying to put myself in their perspectives. I take this attitude and approach to everything I do in life. • Creativity in finding ways to engage populations and groups who have been underrepresented. If selected for this role, I am going to engage with youth -led clubs at local high schools and youth organizations to hold the city accountable for being at the forefront of equitable, fair, and inclusive policies. • Unafraid of calling out injustices and inequities when I see them, using my voice, privilege, and platform to initiate change. • Acting with honesty, integrity, and compassion in every action I take. • Thinking critically and willingness to research issues that face the youth and citizens of Edmonds to find policy that addresses all concerns of the stakeholders. 3. What issue impacting the Edmonds community are you most passionate about? Affordable housing. As someone who will be moving out when I turn 18, 1 am now scouring the internet for affordable places to live in our city. But I can't find any because it is simply no longer affordable to live in Edmonds. Even making $22/hour and working approximately 30 hours/week (which comes out to—$34,000), 1 would still be rent burdened if I was to rent the cheapest apartment currently available, which happens to be—$1,200/month. That's about 42% of my income going to rent before taxes are accounted for. When I look at my situation, I can't help but think of the many other families and individuals in a similar case. We can't keep doing this to our citizens. The council needs to continue looking at the Housing Commission's recommendations and be steadfast in providing flexible zoning options to allow more homes to be built. As the Youth Representative, I will support all work being done and provide my analysis of how a housing/zoning decision could impact future renters and homeowners from the youth perspective. Packet Pg. 151 8.2 City Council Agenda Item Meeting Date: 10/5/2021 Budget Scheduling and Coordination Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History This will be a brief presentation and discussion of the timetable for working on the 2022 Budget. Upcoming dates include: 10/19/21 (Tuesday) Presentations on Decision Package Requests, operating and capital (90 minutes) 10/26/21 (Tuesday) Presentation of CIP/CFP 11/1/21 (Monday) Public Hearings on Budget, Property Taxes, and CIP/CFP 11/4/21 (Thursday) Council Budget Deliberations 11/16/21 (Tuesday) Adoption of the CIP/CFP, Public Hearing on the Budget, Council Budget Deliberations 11/23/21 (Tuesday) Council Budget Deliberations and targeted date for Adoption of the Budget Staff Recommendation No recommendation, for presentation and discussion only. Narrative: At the Council Budget Retreat held in May, one of the things that was asked for was for staff to bring more structure and clarity around the budget schedule. The purpose of my presentation tonight is to attempt to do just that. After this presentation I hope that the budget calendar and schedule over the next seven weeks will be clear to everyone, and I will continue to do this as we move along through the process. I will also talk about the Decision Packages and some other things are included in your budget book, in an effort to avoid confusion down the road. Attachments: Budget Calendar Packet Pg. 152 8.2.a 2021 OCTOBER SUNDAY CALENDAR YEAR CALENDAR MONTH FIRST DAY OF WEEK Sunday Monday Tuesday Wednesday Thursday Friday Saturday 01 02 03 04 05 06 07 08 09 Mayor's Budget Message, Budget Books (Tonight) Available 10 11 12 13 14 15 16 (Committee Night) 17 18 19 20 21 22 23 Decision Package Presentations 24 25 26 27 28 29 30 CIP Presentation 31 r Q Packet Pg. 153 8.2.a 2021 NOVEMBER SUNDAY CALENDAR YEAR CALENDAR MONTH FIRST DAY OF WEEK Sunday Monday Tuesday Wednesday Thursday Friday Saturday 01 02 03 04 05 06 Budget Public Hearings, (No Meetings - Election Budget Deliberation CIP Presentation Day) 07 08 09 10 11 12 13 (Committee Night) VETERAN'S DAY 14 15 16 17 18 19 20 Public Hearing, Deliberations, CIP Adoption 21 22 23 24 25 26 27 Deliberations and Budget Adoption (5o THANKSGIVING HOLIDAY Days) 28 29 30 (No Meetings - 5th Tuesday) Page 2 of 2 Packet Pg. 154 8.3 City Council Agenda Item Meeting Date: 10/5/2021 Amendment to City's Agreement with South County Fire Staff Lead: Jeff Taraday Department: City Attorney's Office Preparer: Scott Passey Background/History N/A Staff Recommendation South County Fire (SCF) has issued a notice that requires some amendment to the city's interlocal agreement with them. SCF proposed an amendment that would require additional expenditure of approximately $2.25M per year. In response, the mayor is recommending one of two options, either of which would require additional expenditure of approximately $1.5M per year: Option 1) adding one 24- hour two -person unit to the City's existing service level; or Option 2) adding two 12-hour two -person "peak activity" units to the City's existing service levels. The city council should consider the pluses and minuses of each option and give high level direction to the mayor on which option it prefers either at this meeting or a subsequent meeting. This direction needs to be given by the end of October to comply with the agreement. After the direction is given, an amended agreement incorporating the council's preference would be brought back to the council for adoption. Narrative Establishing appropriate service levels for fire and emergency response is one of the most important policy matters that a city council could be asked to vote on. The fundamental questions for policy makers are these: • how much emergency preparedness can a city afford to provide? • and how does that city prioritize emergency preparedness compared to other needs of the community? As a city adds resources to its fire department, it adds preparedness. As a city withdraws resources, it reduces preparedness. No city can add enough resources to be fully prepared for every emergency scenario. City resources are limited and emergency preparedness is expensive. But it is also one of the most important services that local government provides. Because there is no scientifically correct answer as to the right amount of city resources to devote to emergency preparedness, it is fundamentally a matter of legislative discretion. As councilmembers, you will each need to consider and eventually take a vote to determine the right amount of preparedness to purchase for your city. We will now explain the background that causes you to face this decision right now. Packet Pg. 155 8.3 The City of Edmonds operated its own fire department through 2009. In 2010, it began contracting with Snohomish County Fire District 1 (FD1) to provide fire and emergency medical services to the city pursuant to an interlocal agreement. From 2010 through 2016, the interlocal agreement with FD1 called for Edmonds' fire stations to be staffed 24/7 with nine firefighters and two firefighter/ paramedics, for a total of eleven firefighters on duty at any given time. There were three firefighters located at each of the city's three fire stations. In addition, the two paramedics were based in downtown Edmonds at station 17. We understand that the city also provided eleven firefighters on duty 24/7 when it ran its own fire department in 2009. In 2017, Mayor Earling proposed, and the city council approved, an amendment to the interlocal agreement that changed the staffing model. The 2017 amendment reduced the total number of firefighters on duty at any given time from eleven to nine, with three at each station. One of the three firefighters at each station is required to be a paramedic. So, the total number of paramedics increased from two to three. While certain assumptions would need to be made in calculating the cost savings created by these changes, we believe it reasonable to assume that the savings exceeded one million dollars per year. Of course, that cost savings did render the city less prepared for certain emergencies that would have required a large dispatch. After all, Edmonds had four units capable of emergency response from 2010 (and earlier) through 2016. But from 2017 through today, it has only had three units. During the negotiations leading up to the changes that took effect in 2017, FD1 expressed concern about the reduction in the total number of Edmonds units that could respond at any given time. Specifically, FD1 expressed concern that the 2017 changes would result in the need for units from neighboring stations to respond into Edmonds, effectively amounting to a subsidy being provided by the neighboring fire stations in Mountlake Terrace and Lynnwood. To address those concerns, the parties agreed upon some formulas that could be used to determine whether one community was using fire/EMS resources from another community in a disproportionate manner. These formulas are incorporated into the 2017 ILA. One of these formulas is called the neighboring unit utilization factor or NUUF. The other is called the transport balance factor or TBF. Because the NUUF and TBF are highly correlated, for the purposes of brevity, we will only explain the NUUF in this agenda memo. (The entire ILA is attached as an exhibit for anyone who wants to read more about the TBF.) NUUF measures the amount of time that Edmonds units respond to calls for service outside of Edmonds and then compares that to the amount of time that non -Edmonds units respond to calls for service in Edmonds. The purpose of the NUUF is to determine whether those two things are roughly in balance. Under the agreement, balance is achieved when those two amounts of time are within ten percent of one another. The NUUF is quite far out of balance and has been for a while. In other words, the NUUF indicates that non -Edmonds units are responding into Edmonds significantly more than the other way around. Recognizing this imbalance, on June 2, 2021, South County Fire (SCF), the successor to FD1 under the interlocal agreement, issued what is called a Threshold Notice. A copy of the Threshold Notice is attached. The purpose of the Threshold Notice is to demand that the city take Remedial Measures to bring the NUUF and the TBF back into balance. The administration has had several meetings with SCF since the Threshold Notice was issued. SCF has Packet Pg. 156 8.3 proposed certain Remedial Measures. See June 16, 2021 letter, attached. Specifically, SCF would like the city to add one 24-hour two -person unit and one 12-hour two -person unit or peak activity unit (PAU). The 24-hour unit alone would essentially replace the unit that was removed in 2017 (although it probably would not be returned to Station 17). So, the addition of a 24-hour unit and a 12-hour unit, as proposed by SCF, would increase the level of preparedness beyond where it had been prior to 2017. The SCF proposal would cost the city an additional $2.25M per year, approximately. Mayor Nelson does not support the SCF proposal. He does, however, support increasing the level of service. The mayor is seeking city council feedback on two alternatives. Either of Mayor Nelson's two alternatives would have roughly the same cost: an additional $1.5M per year. He supports that financial commitment, but is weighing and seeking feedback on how that additional commitment to the fire service should be implemented. One option would be to add a 24-hour two -person unit similar to the one that was cut in 2017, although, again, it likely would not be located at Station 17. Alternatively, in lieu of the 24-hour unit, the city could add two 12-hour two -person PAUs. We will refer to this option as the 2PAU option. There are pluses and minuses of each alternative. As between Mayor Nelson's two proposals, SCF has a strong preference for the 24-hour unit, because it would add an additional resource at all times of day. A nighttime fire, for example, while infrequent, is highly resource intensive when it occurs. The 24-hour unit adds a measure of preparedness for such incidents, while the 2PAU option does not. The advantage of the 2PAU option, on the other hand, is that it adds resources during the times of greatest need. While we would defer to SCF for exact figures, we understand that roughly 70% of all calls for service occur during the twelve peak hours. So, adding two units to address the peak would appear to be adding resources when they are most in need. (It stands to reason that with a slight staggering in the schedules of the two PAUs, these additional resources could probably capture a percentage even higher than 70% of the calls, but we would still need to verify that with SCF.) In any case, reasonable minds can differ over what type of preparedness is the best type for Edmonds. So, the city council will ultimately need to indicate whether it has a preference. We need to know the council's preference before we are required to designate the city's Remedial Measures at the end of October 2021. Representatives of South County Fire will be present during the discussion of this agenda item and would likely make some remarks and/or be available to answer questions. Attachments: 2017 Restated ILA signed 2021-06-02 threshold notice 2021-06-16 letter from Chief Hovis re proposed remedial measures 2021-09-14 CityofEdmonds_RFE 2021-09-17 RFA to COE letter from FC Hovis to Mayor Nelson Contract Original 2010 2009-11-02 City Council - Public Minutes-1410 2017-01-24 agenda memo 2017-01-24 City Council - Public Minutes-1839 2016-12-13 City Council - Full Minutes-1790 Packet Pg. 157 8.3 2016-12-06 City Council - Full Minutes-1787 2020 compliance report 2021-03-23 City Council - Full Minutes-2780 Packet Pg. 158 8.3.a REVISED AND RESTATED INTERLOCAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES THIS REVISED AND RESTATED INTERLGCAL AGREEMENT ("Restated ILA") by and between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 1, a Washington municipal corporation (the "District") and the CITY OF EDMONDS, a Washington city (the "City") is for the provision of fire and emergency medical services (EMS). WHEREAS, a consolidated Fire and EMS service, by a single vendor or through a Regional Fire Protection Service Authority (RFA), has recently gained support of most elected officials in Southwest Snohomish County; and WHEREAS, the City and District agree that a long-term agreement between the City and the District for fire and emergency medical services is beneficial to the City and District and their stakeholders; and WHEREAS, on November 3, 2009, the City and District entered into an Interlocal Agreement (the "Agreement") for the District to provide fire and emergency medical services to the City beginning January 1, 2010; WHEREAS, such Agreement was amended pursuant to a First Amendment dated April 17, 2012 to address a fire boat; and WHEREAS, such Agreement was amended pursuant to a Second Amendment approved on January 27, 2015; and WHEREAS, the District and the City are authorized, pursuant to Chapter 39.34 of the Revised Code of Washington, to enter into Interlocal Agreements which allow the District and the City to cooperate with each other to provide high quality services to the public in the most efficient manner possible; and WHEREAS, the parties have analyzed the performance of the Agreement during the period of 2010 — 2016 (the "Introductory Period") and have determined that is in their mutual interests and the interests of their respective stakeholders to revise and update the Agreement; and WHEREAS, the District and City now wish to revise and restate the Agreement as provided herein; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and District hereto agree as follows: 0. DEFINITIONS. The following definitions shall apply throughout this Restated ILA. Packet Pg. 159 8.3.a Adjustment Year: The year in which a new collective bargaining agreement (CBA) is effective between the District and the local chapter of the IAFF. When a new CBA has retroactive effect, the Adjustment Year shall be the date to which the CBA is retroactively applied. For example, if a CBA expires on December 31, 2014 and a new CBA is executed on December 1, 2016 but made retroactive to January 1, 2015, the Adjustment Year would be 2015. b. Assigned: As used in the definitions of Unit Utilization Factor and Neighboring Unit Utilization Factor, the term "Assigned" shall describe the period of time in seconds from dispatch time to clear time, when the Unit becomes available to respond to another call. c. City: City of Edmonds. d. City Fire Stations: Fire Station 16, Fire Station 17, and Fire Station 20. e. Commencement Date: January 1, 2010. f. Contract Payment: The amount that the City shall pay to the District pursuant to this Restated ILA. g. District: Snohomish County Fire Protection District No. 1. Edmonds Unit: An Edmonds Unit is any Unit based at one of the City Fire Stations with the exception of the Battalion Chief. i. Effective Date: February 1, 2017. j. Esperance: "Esperance" refers to the entirety of the contiguous unincorporated area that is completely surrounded by the City of Edmonds and commonly known as Esperance. Esperance Offset: The amount of tax revenue and fire benefit charges, if fire benefit charges are imposed in the future, to be received by the District from Esperance for the year in which the Contract Payment is calculated. The Esperance Offset shall not drop below $1,117,150 (the amount derived by multiplying the 2017 Esperance Assessed Value of $565,469,115 by the District's 2017 tax rate of $1.97561714741 divided by 1,000) even if the actual tax revenue received by the District drops below that amount as a result of reductions in assessed valuation or tax rate. The Esperance Offset for any given year shall not exceed $1,117,150, multiplied by the compounded percentage increase in City Station Personnel Costs from 2017 to the year for which the Esperance Offset is being calculated. For example, if City Station Personnel Cost increases 3% from 2017 to 2018 and 4% from 2018 to 2019, the 2019 cap for the Esperance Offset would be $1,197,516 and be calculated as follows: Packet Pg. 160 8.3.a $1,117,150 x 1.03 = $1,150,664 x 1.04 = $1,196,691 I. District Fire Chief: The Fire Chief of Snohomish County Fire Protection District No. 1. m. Firefighters: Full-time, compensated employees, captains, firefighters, emergency medical technicians, and/or paramedics. n. Insurance: The term "insurance" as used in this Restated ILA means either valid insurance offered and sold by a commercial insurance company or carrier approved to do business in the State of Washington by the Washington State Insurance Commissioner or valid self-insurance through a self-insurance pooling organization approved for operation in the State of Washington by the Washington State Risk Manager or any combination of valid commercial insurance and self-insurance pooling if both are approved for sale and/or operation in the State of Washington. o. Law: The term "Jaw" refers to state and federal statutes and regulations. Unless expressly identified herein, City ordinances, codes and resolutions shall not be considered "law." p. Material Breach: A Material Breach means the District's failure to provide minimum staffing levels as described within this Restated ILA, the City's failure to timely pay the Contract Payment as described within this Restated ILA, or the City's or District`s failure to comply with other material terms of this Restated ILA. q. Neighboring Unit Utilization Factor: See Exhibit E. r. Negotiation Threshold. A designated occurrence or condition that requires the parties to renegotiate the Restated ILA. s. Non -Edmonds Unit: A Non -Edmonds Unit is any Unit stationed at any station other than the City Fire Stations. t. Transport Balance Factor: See Exhibit E. u. Unit: A Unit is a group of Firefighters that work together and are based at the same station. Where a station is staffed by three firefighters at any one time, that station shall be considered a Unit. Where a station is staffed by five or more firefighters at any one time, without counting the Battalion Chief or Medical Services Officer, that station shall be deemed to have two Units and the District shall clearly allocate the Firefighters at that station in such a manner that the two Units at that station can be clearly distinguished for the purposes of determining the Unit Utilization Factor for each Unit. v. Unit Utilization Factor: See Exhibit E. Packet Pg. 161 8.3.a w. Wind -Up Period: Except in the context of Material Breach as defined in Section 10.2, the two years immediately following notice of termination under 11.2. 1. SCOPE OF SERVICES 1.1 Services Provided. The District shalt provide all services necessary for fire suppression, emergency medical service, hazardous materials response, technical rescue, and disaster response (not including an Emergency Operations Center, which is provided by the City at the time of this Restated ILA) to a service area covering the corporate limits of the City of Edmonds. In addition, the District shall provide support services including, but not limited to, fire marshal, fire prevention and life safety, public education, public information, and fleet maintenance, payroll and finances, human resources, and legal and risk management pertaining to the operations and delivery of the District's services. 1.2 Training, Education, and Career Development. The District shall provide training and education to all firefighter and emergency medical service personnel in accordance with State, County and local requirements. Furthermore, the District shall offer professional development and educational and training opportunities for unrepresented and civilian employees. 1.3 City Fire Chief, The District Fire Chief shall be designated as the City Fire Chief for purposes of statutory provisions, regulations and the Edmonds City Code. 1.4 District Fire Chief Designates Fire Marshal. The District Fire Chief shall designate an individual to sere as City Fire Marshal, and shall assign necessary personnel to support the functions and needs of the Fire Marshal as mutually agreed to and partially funded by the City (See Exhibit A), subject to the City's right to provide its own fire inspectors pursuant to Section 2.8.2, below. 2. STANDARDS FOR SERVICESISTAFFING 2.1 Battalion Chief. A Battalion Chief shall continue to be available for response within the City twenty-four (24) hours per day, seven (7) days per week as during the Introductory Period. The District agrees to provide Incident Command response for all emergency incidents twenty-four (24) hours per day, seven (7) days per week. 2.2 Fire Station Staffing. The City Fire Stations shall each be staffed twenty-four (24) hours per day, seven (7) days per week with a minimum of one (1) fire captain and two (2) firefighters, at least one of whom shall be a firefighter/paramedic. Any increase in staffing above this level shall not increase the Contract Payment unless the increase occurs through an amendment of this Restated ILA. 2.2.1 The parties shall renegotiate this Restated ILA upon the occurrence of any of the following Negotiation Thresholds: 4 Packet Pg. 162 8.3.a a. When the Unit Utilization Factor ("UUF") at any one of the City Fire Stations exceeds 0.250; b. When the Neighboring Unit Utilization Factor ("NUUF") is out of balance as defined in this Restated ILA, PROVIDED THAT this subsection shall not trigger a renegotiation any earlier than January 1, 2018.. c. When the Transport Balance Factor (TBF} is out of balance as defined in this Restated ILA, PROVIDED THAT this subsection shall not trigger a renegotiation earlier than January 1, 2018. d. When the Esperance Offset drops by ten percent (10%) or more over any consecutive three (3) year period. 2.2.2 The District shall provide written notice to the City ("Threshold Notice") whenever any of the foregoing Negotiation Thresholds occurs. Within thirty (30) days of issuance of a Threshold Notice, the parties shall meet to renegotiate this Restated ILA. Such negotiations shall include, at least the following topics: (i) Methodologies intended to reduce the UUF substantially below 0.250 or to balance the NUUF or TBF, as applicable (collectively "Remedial Measures"). Remedial Measures may include, but shall not be limited to, changes to the staffing mix and/or levels, adding another Unit; changing fire response plans in CAD, and/or implementing other service changes; and (u) Adjusting the Contract Payment to account for the District's increased cost in employing the selected Remedial Measures. (iii) Where the Threshold Notice pertains to subsection 2.2.1(d), topics of negotiation shall include increasing the amount of the Esperance Offset andlor reducing staff and/or reducing overhead charges that are billed to the City. 2.2.3 The District shall identify various Remedial Measures that are likely to expeditiously achieve the applicable goals in Section 2.2.2(i). The City may opt to identify and notify the District about alternative Remedial Measures. After consulting with the District, the City shall select one or more of the Remedial Measures and shall provide written notice of same within one hundred twenty (120) days following the issuance of the Threshold Notice (the "Negotiation Deadline"). The City's selection shall be subject to mediation under paragraph 18.1 if the Di strict finds the City's selection to be ineffective or inappropriate, but it shall not be subject to arbitration under paragraph 18.2. Any disputes regarding the cost impacts of the City's selection shall be subject to the complete Dispute Resolution procedures, and any adjustment to the Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive to the earlier of the Negotiation Deadline or the date that the Remedial Measures were initially employed. If the City fails to designate one or more Remedial Measures by the Negotiation Deadline, such failure shall be deemed a Material Breach. Packet Pg. 163 8.3.a 2.2.4 The parties shall endeavor to execute an amendment prior to the Negotiation Deadline. If the parties cannot agree upon an amendment to this Restated ILA before the Negotiation Deadline, either party may terminate the Restated ILA pursuant to 11.2, PROVIDED THAT during the ensuing two-year Wind -Up Period, the District shall be authorized to increase service levels at the City Fire Stations as it deems necessary, and FURTHER PROVIDED THAT the marginal increase in the Contract Payment resulting from any such ❑istrict-imposed service level increases during the Wind -Up Period shall be shared equally by the parties during the Wind -Up Period. 2.3 Shift Arrangements. The City prefers that the following shift arrangements apply to personnel assigned to stations within the City: no Firefighter shall start a 24-hour shift at any of the City Fire Stations if that Firefighter has just completed a 48-hour shift at a City Fire Station or any other fire station in the District without having taken a rest day between shifts. The District commits that it will undertake in good faith, pursuant to Chapter 41.56 RCW, to negotiate successfully for those arrangements, to be implemented. 2.4 Review of Service Delivery Objectives. The parties acknowledge that the service delivery objectives adopted in 2006 ("Response Objectives") have never been met in their entirety, even when the City had its own fire department. During the Introductory Period, the parties contracted for a particular staffing level at the City Fire Stations. It has been recommended that the parties move toward a performance -based contract where the City pays for a particular level of service that is measured by service delivery objectives (e.g. response time) instead of a particular number of positions. The parties would like to continue to evaluate this recommendation, but acknowledge that it would take significant additional work to implement such a change, not the least of which includes adoption of achievable performance standards. The City and the District agree to work toward adoption of a revised set of service delivery objectives in the first quarter of 2018. 2.4.1 Turnout Time. The District has adopted a standard of 2 minutes and 15 seconds on 90% of all calls. Failure to meet this standard shall not be deemed a Material Breach. If this standard is not being met during calendar year 2017 for the City Fire Stations, the District shall provide the City, no later than December 31, 2017, with a report containing the following information: (i) a list of possible measures that could be implemented to improve Turnout Time, (ii) the estimated cost of each measure (if reasonably available) and (iii) estimates concerning the amount that turnout time could be reduced with each measure. 2.5 Reporting. The District agrees to annually report to the City in accordance with chapter 35.103 RCW. In addition to the regular quarterly report content and the content required by law, the annual report shall contain the Neighboring Unit Utilization Factor for each of the following jurisdictions: Lynnwood and Mountlake Terrace. The annual report shall contain the total number of seconds that City Fire Stations responded to calls in Woodway and the total number of automatic aid responses from Shoreline into R Packet Pg. 164 8.3.a Edmonds. The annual report shall, to the extent practicable, also state the amount of transport fees that the District sought to recover from incidents occurring within the City and Esperance, respectively, and the amount of those fees that were actually recovered. If the District has data that identifies the number of seconds during which two or more Units were Assigned to different calls at the same time, it shall include that data in the annual report. 2.5.1 Quarterly Reporting. In addition, the District shall provide a quarterly report to the City Clerk, no later than 30 days after the end of each quarter. The quarterly report shall contain the Unit Utilization Factor for each of the City Fire Stations, the Transport Balance Factor, as well as the turnout time, travel time, and overall response time. 2.6 [section relocated for clarity] 2.7 Criteria -Based 9-1-1 Dispatch. It is understood and agreed by the City and ❑istrict that the dispatch of Units during emergencies is determined by criteria -based dispatch protocols of the dispatch centers and Automatic Vehicle Location (AVL). Nothing herein shall require the District to respond first within the City as opposed to other areas served by the District. The City and District recognize that responses to emergencies skull be determined by the District based upon dispatch protocols; the location of available Units and the District's operational judgment, without regard to where the emergencies occur. 2.8 Level of Service Changes. During the term of this Restated I LA, service level changes may be mandated that are beyond the control of either party. Additionally, either party may desire to change the service level, including but not limited to, those services identified in Section 1 Scope of Services and Section 2 Standards for Services/Staffing. When a service level change is mandated by law, adopted by the Edmonds City Council as part of the City's chapter 35.103 RCW Response Objectives, or is mutually agreed to by the parties, the City and the District shall renegotiate the Contract Payment at the request of either party, If the parties are unable to reach agreement within one hundred twenty (120) days after the change is mandated or mutually agreed, the matter shall be subject to the complete Dispute Resolution procedures, and any adjustment to the Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive to the date that the service level change was initially employed, Failure of either party to participate in, or comply with, the Dispute Resolution Procedures in Section 18.1 and/or 18.2 shall be deemed a Material Breach. 2.8.1 The City acknowledges that the District may be required by law to notify and bargain with the local chapter of the IAFF any level of service changes made pursuant to this section 2.8. 2.8.2 The City reserves the right to remove the Fire Inspector services from this Restated ILA upon one year's written notice to the District, in which case the Contract Payment shall be equitably reduced, PROVIDED THAT in no case shall such notice be provided less than 90 days prior to the beginning of a new fiscal year, AND FURTHER PROVIDED THAT the City shall consult with the District regarding the impacts of a Packet Pg. 165 8.3.a proposed removal of the Fire Inspector services at least 94 days in advance of the City providing such notice, AND FURTHER PROVIDED THAT if the City exercises this option, it shall provide fire inspection services using one or more inspectors with current or previous firefighting experience. 2.9 Response Time Questions. In the event that response times should consistently deviate from the City's Response Objectives, as they may be amended from time to time by the City, the District Fire Chief and the City Mayor, or their designees, shall meet and confer to address the cause, potential remedies, and potential cost impacts. 3. USE OF CITY FIRE STATIONS 3.1 Use of City Fire Stations. The City shall retain ownership of three existing City Fire Stations and shall make them available for use by the District pursuant to the terms set forth in Exhibit B. The parties acknowledge that none of these three fire stations are ideally located and that the City could be better served by two ideally located fire stations. The parties also acknowledge that the internal configuration of the City's three stations contributes to slower turnout times than could be achieved with new stations built according to current standards. In light of the above, the parties contemplate that the City may opt to replace the three current fire stations with two new fire stations for use by the District during the term of this Restated ILA. In the event of a conflict between the provisions of the Restated ILA and Exhibit B, the provisions of Exhibit B shall control with respect to fire stations and fixtures contained therein, PROVIDED THAT Exhibit B shall be amended in the event that the City moves to a two -station service, and FURTHER PROVIDED THAT nothing in Exhibit B shall be construed to prevent the City from moving to a two -station service; and FURTHER PROVIDED, that the cost of providing turn key fire stations with equivalent technology to current fire stations shall be borne entirely by the City. 3.1.1 In the event the City decides to replace or relocate any of the City Fire Stations, the City shall provide notice to the District concerning the location, design and layout of the new City Fire Stations, the time frame for completion, and any other information reasonably requested by the District to plan for the transition. Not later than thirty (30) days following such notice, the parties shall meet to discuss the impact of any such changes on this Restated ILA and to negotiate an amendment to this Restated ILA to address such impacts. The parties recognize that there may be initial cost impacts that are not ongoing, and the parties agree to negotiate these as well. The parties shall endeavor to execute an amendment no later than one hundred twenty (120) days following such notice to address such initial cost impacts. If the parties cannot agree upon an amendment to this Restated ILA within such time, either party may invoke the Dispute Resolution procedures. P Packet Pg. 166 8.3.a 3.2-3.3 [Completed. Deleted for clarityf 4. ANNUAL CONTRACT AND TRANSPORT FEES PAYMENT TERMS 4.1 Annual Contract Payment. The City shall pay the District a sum referred to as the Contract Payment for the services provided herein. The annual total amount of the Contract Payment shall be determined according to Exhibit C. The Contract Payment shall be paid in equal monthly installments by the 10" day of each month. Failure to pay monthly installments in a timely manner shall be considered a Material Breach as defined in the Definitions section of this Restated ILA. 4.1.1 If a service level change requiring an adjustment in the Contract Payment occurs on a date other than January 1, the Contract Payment shall be adjusted on the effective date of the service level change, and the monthly installment payments shall be adjusted accordingly. 4.2 Contract Payment Adjustment. Each year, no later than September 1, the District shall submit to the City an invoice for the ensuing year, including any revision to the Contract Payment for the ensuing year. 4.2.1 Annual Percent Increase Based on Labor Costs. The cost of City Station Personnel identified in Exhibit C shall be adjusted annually pursuant to the negotiated labor collective bargaining agreement between the District and the local chapter of the IAFF ("CBA"}, provided that, notwithstanding the actual terms of the CBA, the City Station Personnel cost in Exhibit C shall increase from one labor agreement to the next no more than the greater of (i) the median increase in the total cost of compensation (i.e., combined cost of wages and benefits) of comparable fire agencies, (ii) the increase in the Consumer Price Index as measured by the CPI-W Seattle -Tacoma -Bremerton metropolitan area for the twelve (12) month period ending June 30, or (iii) the percentage increase in compensation awarded by an interest arbitrator. The phrase "comparable fire agencies" shall refer to a list of comparables agreed upon by the Employer and Union through the collective bargaining process or the comparables accepted by an interest arbitrator in an interest arbitration proceeding. 4.2.1.1 The parties recognize that the cost of the District's community paramedic program is currently covered by grants. At the time the grants expire, the City may opt to continue the community paramedic program in which case Exhibit C shall be revised to add an equitable share of the cost of such community paramedics, taking into account the other jurisdictions that are served by the community paramedics. If the City opts not to continue with the program, the community paramedic program will not be continued within the City limits after the grant term ends. 1 The Parties acknowledge that a number of actions described in the Agreement have been completed. For clarity and conciseness, those provisions are removed and replaced with the words "Completed. Deleted for clarity." Packet Pg. 167 8.3.a 4.2.2 Adjustment Date Not Met. If a new CBA between the District and IAFF Local 1828 has not been finalized by September 1 of the final year of the then -effective CBA, the City Station Personnel costs and the Indirect Operating Costs for the ensuing year shall be adjusted following execution of the new CBA and shall be retroactive to January 1 of the Adjustment Year. For example, as of the date of this Restated ILA, the last CBA expired on December 31, 2014; thus, the Adjustment Year is 2015. In such instances, the District shall send the City (directed to the City Clerk), no later than September 1 of each year for which a CBA has not yet been executed for the ensuring year, a range within which the Contract Payment for the ensuing year is likely to fall, which range shall be informed by the current status of negotiations between the District and IAFF Local 182B. To enhance the District's ability to provide the City with a predictable range for the Contract Payment, the District shall, to the extent practicable, commence negotiations with IAFF Local 1828 no later than July 151 of any year in which a CBA is expiring, if a new CBA has not been executed by November Vt of the year in which a CBA is expiring, the District shall notify the City of the economic issues on which the parties have not reached tentative agreement. 4.2.3 Documentation of Labor Costs. Upon executing a new CBA, the District shall provide supporting documentation sufficient to allow the City to confirm that the labor costs have not increased more than the limits set forth in Section 4.2.1, including comparable agency compensation data used by the parties or the interest arbitrator to establish new compensation levels. 4.3 -4.4 [sections relocated and renumbered for clarity] 4.5 Indirect Operating Cost Portion of Contract Payment. The District shall determine the Indirect Operating Cost portion of the Contract Payment according to the following: • Overhead shall be ten percent (10%) of the cost of the City Station Personnel cost; ■ Equipment maintenance and operation, medications, and supplies shall be ten percent (10%) of the City Station Personnel cost; ■ Fire Marshal allocation of fifty percent (50%) of wage and benefit cost of the position, and Fire Inspector at one hundred twenty-five percent (125%) of wage and benefit cost of the position (See Exhibit A); and • Apparatus replacement costs based upon the District Apparatus Replacement Schedule —Rolling Stock designated as Exhibit D. The total of the City Station Personnel cost and the Indirect Operating Costs; plus any additional amounts due to annexations as provided in Section 4.6, less the "Esperance Offset", shall constitute the Contract Payment for the ensuing year. 4,6 Annexation. The City's Urban Growth Area contains property within the boundaries of the District. Should the City seek to annex portions of the District, the District will not oppose the annexation. In the event the City annexes portions of the District other than Esperance, the Contract Payment shall be increased by an amount calculated by applying the then current District levy rate and emergency medical services levy rate to 10 Packet Pg. 168 8.3.a the assessed value of the annexed area, plus revenue from a Fire Benefit Charge, if imposed, that the District would have received from the annexed area in the year in which the Contract Payment is calculated. The increase in the Contract Payment shall occur on the first month on which the District is no longer entitled to collect non - delinquent tax revenue from the annexed area pursuant to RCW 35.13.270(2). 4.6.1 Esperance Annexation. If the City annexes all of the area commonly referred to as "Esperance", the District will support the annexation. Whenever any portion of Esperance is annexed, the Esperance Offset attributable to the annexed area shall no longer be used to reduce the calculation of the Contract Payment at such time as the District is no longer entitled to collect non -delinquent tax revenue from the annexed area pursuant to RCW 35.13.270(2). 4.7 Significant Change in Cost of Providing Services. In the event that there is a material and significant increase or decrease in the costs of providing services under this Restated ILA because the District was required to comply with a legislative or regulatory decision by an entity other than the City, then at the request of either party, the City and District shall seek to renegotiate this Restated ILA and the Contract Payment to fully compensate the District for actual costs incurred according to the methodology in Exhibit C. An example of a significant increase in cost would be if the state required that fire engines be staffed with four firefighters per engine instead of three. If the City and District are unable to successfully renegotiate the Contract Payment in this context through good faith negotiations, then the complete Dispute Resolution provision of this Restated ILA shall apply. Failure of either party to participate in, or comply with, the Dispute Resolution Procedures in Section 18.1 and/or 18.2 shall be deemed a Material Breach. Nothing herein prevents either party from terminating the Restated ILA pursuant to Section 11.2, whether before or after exercise of the Dispute Resolution provisions of this Restated ILA. 4.8 EMS Transport Fees. The District shall charge fees for the basic life support and advanced life support transports that it performs. As the EMS service provider for the City, the District shall receive and pursue collection of all Transport Fees in accordance with District policy for transports that originate within the City limits. The District shall remit the amount so received to the City, less an administration fee not to exceed the actual cost of collection on a quarterly basis. The District shall be responsible for, and agrees to prepare and provide in a timely fashion, reasonable documentation and/or reports to the City. 4.9 Creating Unfunded Mandates. The City shall not create any unfunded mandates for increased service or reporting by the District without fully compensating the District for actual costs incurred. 5. CITY EMPLOYEES 5.1-5.8 [Completed. Deleted for clarity]. 11 Packet Pg. 169 8.3.a 5.9 Former City Employees. The City shall indemnify, defend, and hold the District harmless from any and all demands, claims, or actions by former City personnel, which arise out of, or relate to, the time prior to the Commencement Date, provided, however, that the indemnification shall not apply to any claims arising as a result of the District's actions under the Agreement or the Restated ILA. 6. ROLLING STOCK (APPARATUS AND VEHICLES) 6.1 — 6.5 [Completed. Deleted for clarity]. 6.6 District Apparatus Replacement Schedule. The District has provided current information regarding existing and proposed Apparatus Replacement Schedule attached in Exhibit D. The District, in its sole discretion, may elect to purchase new rolling stock or otherwise assign District rolling stock for use within the City. 6.7 Public Safety Boat. Title to the City Public Safety Boat known as Marine 16 (the "Vessel") has been transferred to the District. The District's use of Marine 16 for training and emergencies as a county -wide asset is described in the First Amendment to InterlocaI Agreement for Use of Rescue and Fire Boat. Exhibit H to the Agreement is hereby deleted. 6.7.1 [Completed. Deleted for clarity] 6.7.2 The District assumes responsibility for maintenance and repairs to the Vessel. However, upon the District's request, the City agrees to provide maintenance and repair services for the Vessel in exchange for receipt from the District of the City's normal hourly shop rates for labor, 6.7.3 The Apparatus Replacement Schedule (Exhibit D to the Agreement and the Restated ILA) is amended to include the Outboard Motors of the Vessel for as long as the Vessel is in operation. The amended Apparatus Replacement Schedule is attached hereto. The Contract Payment shall reflect the addition of the Outboard Motors to this schedule. 6.7.4 [Completed. Deleted for clarity] 6.7.5 Use of the vessel by the City of Edmonds Police Department shall continue as agreed to before this Restated ILA. The City is solely responsible for maintaining and Certifying its operators. 6.7.5.1 The City's use of the Vessel is at the City's risk. The City acknowledges that the District is making no representations or warranties concerning the Vessel. Further, if the City uses the Vessel without a District operator, the City agrees to be solely responsible for all damage or loss to the Vessel and its apparatus while the Vessel is within the City's control and/or possession. 6.7.5.2 The City agrees to release the District from any claims associated with any training provided to it. The City further agrees to defend, indemnify and hold the 12 Packet Pg. 170 8.3.a District harmless from any and all claims for bodily injury or property damage arising out of the City's use and operation of the Vessel. 6.7.5.3 The City specifically and expressly waives any immunity that may be granted under the Washington State Industrial Insurance Act, Chapter 51 RCW as to any claims by its employees arising from the use of the Vessel. 7. EQUIPMENT 7.1 — 7.4 [Completed. Deleted for clarity] S. OVERSIGHT AND REPORTING 8.1 Agreement Administrators. The District Fire Chief and the City Mayor and/or their designees, shall act as administrators of this Restated ILA for purposes of RCW 39.34.030. During the term of this Restated ILA, the District Fire Chief shall provide the Mayor with quarterly written reports concerning the provision of services under this Restated ILA. The format and topics of the reports shall be as set forth in Section 2.5. The District Fire Chief shall present an annual report covering the previous calendar year to the Edmonds City Council prior to March 1, and at such meeting the Chief shall request, and the City Council shall schedule, the Joint Annual meeting provided for in section 8.2. 8.1.1 The parties agree to meet on a quarterly basis to address the performance of the Restated ILA. It is expected that these quarterly meetings will be attended by at least one City Council member, the Mayor, the City Attorney, the Finance Director, the District Fire Chief and at least one Commissioner from the District. 8.2 Joint Annual Meeting. In addition to the meeting(s) referred to in Section 8.1 above, the Edmonds City Council and Board of Fire District #1 Commissioners shall have a joint annual meeting after, but within 30 days, of the annual report at a properly noticed place and time to discuss items of mutual interest related to this Restated ILA. 8.3 Representation on_Infergovernmental Boards. The District shall represent the City on intergovernmental boards or on matters involving the provision of services under this Restated ILA as reasonably requested by the Mayor. The City reserves the right to represent itself in any matter in which the interests of the City and the District are not aligned or whenever any matter relates to the appropriation of or expenditure of City funds beyond the terms of this Restated ILA. 9. EXISTING AGREEMENTS 9.1 BEM, SNOCOM and SERS. The City currently has contractual relationships with other entities or agencies including the Department of Emergency Management (DEM) (or successor), Snohomish County Communications Center (SNOCOM) (or successor), and Snohomish County Emergency Radio System Agency (SERS) (or successor). The City shall maintain its representation and financial obligations with those entities or agencies 13 Packet Pg. 171 8.3.a and will act to represent itself and retain authority to negotiate on its behalf. At the discretion of the City, the District may provide representation on behalf of the City on various committees, boards, and/or commissions as requested, as appropriate, and/or as agreed to by mutual agreement of the parties. The parties shall meet to address any changes to the foregoing entities that result in a change to the City's representation or financial obligations. 9.2 Mutual and Automatic Aid. The District shall assume any of the City's remaining contractual responsibility and obligations for the provision of mutual and automatic aid. 9.3 Full Informations as Basis for Relationship. The City and District agree to coordinate their individual relationships with other entities and agencies so that the services under this Restated ILA will be provided in an efficient and cost effective manner. The City and District agree to keep each other fully informed and advised as to any changes in their respective relationships with those entities or agencies, whether or not those changes impact the City and/or the District obligations shall be provided to the other party in writing in a timely manner that allows a reasonable opportunity to discuss proposed changes in relationships or obligations. 10, TERM OF AGREEMENT 10.1 20-Year Agreement. The Effective Date of this Restated ILA shall be February 1, 2017. The Commencement Date of the Agreement was January 1, 2010, This Restated ILA shall continue in effect until December 31, 2030, unless terminated earlier as provided in section 11. After December 31, 2030: this Restated ILA shall automatically renew under the same terms and conditions for successive, rolling five (5) year periods unless terminated as provided in section 11. 10.2 Material Breach and Wind -Up Period. In the event of a Material Breach of this Restated ILA, the City and District shall, unless the City and District mutually agree otherwise, continue to perform their respective obligations under this Restated ILA for a minimum of twelve (12) months after notice of the Material Breach (the "Wind -Up Period") provided, however; that the Wind -Up Period shall be (i) ninety (90) days if the Material Breach involves the City's failure to make the Contract Payment or (ii) 180 days if the City fails to timely select a Remedial Measure following the District's issuance of a Threshold Notice; provided further, that during the Wind -Up Period, the City and District shall coordinate their efforts to prepare far the transition to other methods of providing fire and EMS service to the City. The City shall be responsible for all Contract Payment installments required herein until the conclusion of the Wind -Up Period. 11. TERMINATION AND RETURN OF ASSETS 11.1 (Completed. Deleted for clarity] 14 Packet Pg. 172 8.3.a 11.2 Termination — Notice. In addition to terminating this Restated ILA for a Material Breach, either party may terminate this Restated ILA at any time by providing the other party with two (2) years written notice of its intent to terminate. 11.3 Termination Costs_ Except as otherwise provided herein, the costs associated with terminating this Restated ILA shall be borne equally between the parties, or in the event of a Material Breach, by the breaching party, provided that in the following circumstances, the cost of termination shall be apportioned as provided below. 11.3.1 Termination Due to Change in Law or by Mutual Agreement. In the event that this Restated ILA is terminated due to a change in law or by mutual agreement, each party shall bear its own costs associated with the termination. 11.3.2 Regional Fire Protection Service Authority. In the event that the District, along with one or more fire protection jurisdictions, elects to create a Regional Fire Protection Service Authority Planning Committee (`RFA Planning Committee") as provided in RCW 52.26.030, the District agrees to notify the City of its intent and subject to mutual approval of the District and other participating jurisdictions, to afford the City an opportunity to be a participant on the RFA Planning Committee. Declining the opportunity to participate in the RFA Planning Committee shall not be construed as a Material Breach on the part of the City. In the event that a Regional Fire Protection Service Authority (RFA) or another legally recognized means of providing fire and emergency medical services is created, inclusive of District, the District's powers and duties under this Restated ILA shall be assigned to the RFA as the District's successor - in -interest as provided by RCW 52.26.100, 11.3.2.1 If the District forms a RFA with any other agency, the parties shall confer to determine whether any efficiencies have resulted from the creation of the RFA that could warrant reconfiguring the service provided to the City. 11.4 [reserved] 11.5 [reserved] 11.6 Duty to Mitigate Costs. The City and District have an affirmative duty to mitigate their respective costs of termination, irrespective of the party who elects to terminate this Restated I LA and irrespective of the party who must bear the costs of termination. 11.7 Return of Assets to the City. Regardless of the reason for termination, the City and District agree that like assets purchased by and transferred to the District as part of the Agreement shall be purchased by the City as described below. This provision shall not apply to the formation of an RFA in which both the City and the District are participants. 11.7.1 Purchase Back Rolling Stock. All rolling stock in use by the District at the City Fire Stations at the time of termination shall be purchased back at a price that considers the fair market value of the asset and any adjustments to fair market value that would be 15 Packet Pg. 173 8.3.a fair and equitable, including, for example, City contributions to apparatus replacement, costs incurred by the District for acquisition, maintenance, and repair, depreciation, etc. 11.7.2 Purchase Back Equipment. All equipment in use by the District at the City Fire Stations at the time of termination shall be purchased back at fair market value. 11.7.3 tCompleted. Deleted for clarity] 11.7.4 District Employees. The District shall indemnify, defend and hold the City harmless from any and all demands, claims, or actions by District personnel, which arises out of or relate to the time that such personnel were employees of the District, PROVIDED HOWEVER, that the indemnification shall not apply to any claims arising as a result of the City's actions during the term of the Agreement or the Restated ILA. 12, DECLINE TO MERGE 12.1 City Declines to Merge. In the event that the District enters into an agreement with any other fire district or agency that is functionally equivalent to a merger, the City may opt to terminate this Restated ILA without prejudice or penalty. To exercise this option the City shall provide written notice to the District of its intent to end the Restated ILA. Such notice shall be provided not more than ninety (90) days after receiving written notification from the District in accordance with the provisions of Section 19.1 that the District intends to merge with another entity. 12.11A Not a Material Breach. The City's decision to terminate under 12.1 does not constitute a Material Breach of the Restated 1LA and none of the penalties associated with a Material Breach shall apply to the City. 12.1.2 12-Month Notice. The City's notice shall provide an effective date of termination which shall be no more than twelve (12) months after the City officially notifies the District of its termination, unless otherwise agreed to by the parties, and the costs of termination shall be split evenly between the parties. 12.1.3 City Exit from Agreement. If the City elects to terminate the Restated ILA because of an impending merger between the District and one or more other jurisdiction, the City's exit will be under the terms and conditions described in Section 11.7. 13. [deleted] 14. TOWN OF WOODWAY 14.1 Service to Woodway. The City may, in accordance with the terms herein, subcontract with the Town of Woodway to have the District provide fire and emergency medical services to the Town of Woodway. The City shall consult with the District in advance of entering into any such subcontract, and the District shall have the opportunity for input into any issues that may affect service and/or the cost of providing service. The City shall provide advance written notice to the District of at least twelve (12) months prior to any commencement of such service. The City's subcontracting of the District's service to 15 Packet Pg. 174 8.3.a Woodway shall not be considered an unfunded mandate, and no change in the Contract Payment shall result from such a subcontract, provided that the City is not requesting additional staff to serve Woodway. Any and all payments from such a subcontract with Woodway shall be paid to the City of Edmonds only. The District agrees not to compete with the City of Edmonds in such negotiations_ 14.1.1 If the City is requesting additional staff to serve Woodway, the parties shall renegotiate the Contract Payment retroactive to the date that the District begins providing the additional staff. If the parties have not executed an amendment prior to the commencement of service to Woodway, either party may invoice the Dispute Resolution procedures in Section 18.1 and 18.2; provided, however, that any adjustment to the Contract Payment arising out of the Dispute Resolution Procedures shall be retroactive to the date that the District begins providing the additional staff to serve Woodway. In this context, failure of either party to participate in, or comply with, the Dispute Resolution Procedures in Section 18.1 and/or 18.2 shall be deemed a Material Breach. 14.1.2 The City of Edmonds right to subcontract with the Town of Woodway constitutes the consideration for the City's agreement to incur the additional 9.13% in Exhibit C initially attributable to Woodway under the Agreement. 14.1.3 At the City's request, the District agrees to work with Shoreline Fire Department to adjust automatic aid responses into the Town of Woodway. 14.1.4 In the event that the Point Wells development is to become part of the service area for the District, such event shall be deemed a "Negotiation Threshold", and the negotiation provisions of 2.2.3 - 2.2.4 shall apply. 15. [Completed. Deleted for clarity] 16. CITY AND DISTRICT ARE INDEPENDENT MUNICIPAL GOVERNMENTS 16.1 Independent Governments. The City and District recognize and agree that the City and District are independent governments. Except for the specific terms herein, nothing herein shall be construed to limit the discretion of the governing bodies of each party. Specifically and without limiting the foregoing, the District shall have the sole discretion and the obligation to determine the exact method by which the services are provided within the District and within the City unless otherwise stipulated within this Restated I LA. 16.2 Resource Assignments. The District shall assign the resources available to it without regarding to internal political boundaries, but rather based upon the operational judgment of the District as exercised within the limitations and obligations of Sections 2.4 through 2.8. 16.3 Debts and Obligations. Neither the City nor District, except as expressly set forth herein or as required by law, shall be liable for any debts or obligations of the other. 17 Packet Pg. 175 8.3.a 17. INSURANCE 17.1 Maintenance of Insurance. For the duration of this Restated ILA, each Party shall maintain insurance as follows: Each party shall maintain its own insurance policy insuring damage to its own fire stations, real and personal property and equipment if any, and "policy" shall be understood to include insurance pooling arrangements or compacts such as the Washington Cities Insurance Authority (WCIA). The City shall maintain an insurance policy insuring against liability for accidents occurring on City owned property. Such insurance policy shall be in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than five -thousand dollars ($5,000.00). The District shall maintain an insurance policy insuring against liability arising out of work or operations performed by the District under this Restated ILA in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than five -thousand dollars ($5,000.00). The phrases "work or operations" and "maintenance and operations" shall include the services identified in Section 1. Scope of Services, the services of the Fire Marshal and the District Fire Chief, acting in the capacity of City Fire Chief and any obligation covered by Exhibit 6, Section 9. 17.2 Claims of Former City Employees. The City has provided proof of coverage that it has maintained insurance against claims by former City Personnel for incidents and occurrences which may have occurred prior to the Commencement Date of the Agreement, including but not limited to, injuries, employment claims, labor grievances, and other work -related claims. Such insurance was at all times in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than five -thousand dollars ($5,000.00). The City will hold harmless the District and its insurance provider for any such claims lawsuits or accusations that occurred prior to the Commencement Date. 17.3 Claims of Former District Employees. The District represents and warrants that it has maintained insurance against claims by District employees for incidents and occurrences which may have occurred during the time period prior to the Commencement Date of the Agreement, including but not limited to injuries, employment claims, labor grievances, and other work -related claims. Such insurance was at all times in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than five -thousand dollars ($5,000.00). 17.4 Hold Harmless. To the extent each party's insurance coverage is not voided, each party agrees to defend, indemnify and hold harmless the other party, its officers, officials, employees and volunteers from any and all claims, costs, including reasonable attorneys' and expert witness fees, losses and judgments arising out of the negligent and intentional acts or omissions of such party's officers, officials, employees and volunteers in connection with the performance of the Agreement or the Restated ILA. The provisions of this section shall survive the expiration or termination of the Agreement and the Restated ILA. 18 Packet Pg. 176 8.3.a 17.5 Release from Claims. Except as specifically provided in this Restated ILA, and except in the event of breach of this Restated ILA, the District and the City do hereby forever release each other from any claims, demands, damages or causes of action arising prior to the Commencement Date and related to damage to equipment or property owned by the City ar District or assumed under the Agreement or the Restated ILA. It is the intent of the City and District to cover this risk with the insurance noted above. 18. DISPUTE RESOLUTION It is the intent of the City and District to resolve ail disputes between them without litigation. In the event that any dispute between the City and District cannot be resolved by good faith negotiations between the City and District, then the dispute resolution provision of this Restated ILA shall apply. Excluded from these dispute resolution provisions are issues related to the legislative authority of the Edmonds City Council to make budget and appropriation decisions, decisions to contract, establish levels of service or staffing under Section 2 of this Restated ILA and Chapter 35.103 RCW and other policy matters that state law vests with the City Council. The above exclusions from the dispute resolution process shall not abridge the right of the District to pursue an increase in the Contract Payment as a result of any decision which, itself, is not subject to the Dispute Resolution provisions of this Restated ILA. Nothing herein shall prevent either party from providing notice of termination of the Restated ILA pursuant to Section 11,2 prior to completion of the dispute resolution processes described below; however, such notice shall not affect any obligations to proceed with the Dispute Resolution provisions. 18.1 Mediation. Upon a request by either party to mediate a dispute that is subject to the Dispute Resolution provisions, the parties shall mutually agree upon a mediator. If the City and District cannot agree upon a mediator within ten (10) business days after such request, the City and District shall submit the matter to the Judicial Arbitration and Mediation Service (JAMS) and request that a mediator be appointed. This requirement to mediate the dispute may only be waived by mutual written agreement before a party may proceed to litigation as provided within this Restated ILA. Except for unusual reasons beyond the reasonable control of either party, mediation shall be completed within ninety (90) days after the mediator is selected. Any expenses incidental to mediation, including the mediator's fee, shall be borne equally by the City and District. 18.2 Binding Arbitration. If the City and District are unsuccessful in resolving any dispute subject to the Dispute Resolution provisions through mediation, either party may demand binding arbitration as provided herein, unless the nature of the dispute is not subject to arbitration pursuant to other provisions of this Restated I LA. 18.2.1 The arbitration shall be conducted by JAMS in Seattle, Washington or other mutually agreeable dispute resolution service. The dispute shall be governed by the selected arbitration service's Streamlined Arbitration Rules and Procedures. The parties shall agree on a JAMS arbitrator with twenty (20) days from the date the matter is submitted to JAMS. In the event that the parties fail to agree on a JAMS arbitrator within 19 Packet Pg. 177 8.3.a such time, then JAMS shall be asked to submit the names of at least three arbitrators. Each party shall have ten (10) days after receiving the list to strike one name from that list. JAMS shall select the arbitrator from the names on the list that have not been struck by either party. The parties may agree on another arbitrator in JAMS or another person at any time. In the event that JAMS is unable or unwilling to provide an arbitrator and the parties cannot otherwise agree, then either party may request the Snohomish County Superior Court to designate an arbitrator. 18.2.2 At any arbitration involving the Contract Payment, the arbitrator shall, as nearly as possible, apply the analysis used in this Restated ILA and supporting Exhibits to adjust the Contract Payment. The arbitrator may deviate from such analysis and use principles of fairness and equity, but should do so sparingly. 18.2.3 Unless the City and District mutually consent, the results of any binding arbitration session shall not be deemed to be precedent for any subsequent mediations or arbitrations. 18.2.4 The decision of the arbitrator shall be final and binding upon both parties, subject only to the right of appeal as provided in RCW 7.04; provided, however, that in arriving at such decision, neither of the parties nor the arbitrator shall have the authority to alter this Restated ILA in whole or in part. 18.2.5 The arbitrator cannot order either party to take action contrary to law. 18.2.6 The substantially prevailing party, if any, in any binding arbitration action shall be entitled to an award of its reasonable attorneys' fees and costs. 18.3 Litigation. For disputes that are not subject to binding arbitration, either party may file an action in Superior Court. Jurisdiction and venue for such actions shall lie exclusively in Superior Court for Snohomish County, Washington, Each party expressly waives the right to a jury trial. The party substantially prevailing in any such action ❑r proceeding shall be awarded its reasonable costs and attorneys' fees. 19. MISCELLANEOUS PROVISIONS 19.1 Noticing Procedures. All notices, demands, requests, consents and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by electronic mail (provided a read receipt is obtained by the sender), sent by nationally recognized overnight delivery service, or if mailed or deposited in the United States mail, sent by registered or certified mail, return receipt requested and postage prepaid to: District Secretary: City Clerk: Snohomish County Fire Protection District No. 1 City of Edmonds 12425 Meridian Avenue 121 5t" Avenue North Everett, WA 98208 Edmonds, WA 98020 K11 Packet Pg. 178 8.3.a Or, to such other address as the foregoing City and District hereto may from time -to -time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. 19.2 Other Cooperative Agreements. Nothing in the Restated ILA shall preclude the City and the District form entering into contracts for service in support of this Restated ILA. 19.3 Public Duty Doctrine. This Restated ILA shall not be construed to provide any benefits to any third parties. Specifically, and without limiting the foregoing, this Restated ILA shall not create or be construed as creating an exception to the Public Duty Doctrine. The City and District shall cooperate in good faith and execute such documents as necessary to effectuate the purposes and intent of this Restated ILA. 19.4 Entire Agreement. The entire agreement between the City and District hereto is contained in this Restated ILA and exhibits thereto. This Restated ILA supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. This Restated ILA supersedes the Agreement except where provisions have expressly been omitted for clarity and conciseness. Only those exhibits referenced in this Restated ILA shall continue to be effective. 19.5. Amendment. This Restated ILA may be amended only by written instrument approved by the governing bodies of the City and District subsequent to the date hereof. Notwithstanding the foregoing, the parties agree that the formulas for NUUF, UUF, and TBF may be changed administratively by mutual agreement of the parties if executed by the Mayor and Council President (for the City) and the District Fire Chief (for the District) in the event that a significant change occurs which would affect such formulas (e.g. RFA is formed, changes in dispatch technology); provided however, that any changes to the formulas shall be consistent with the underlying intent. Dated this jjday of IPR- 017 SNOHOMISH COUNTY FIRE ECTION DISTRICT NO. 1 BY: By: 21 By: Packet Pg. 179 8.3.a Approv j to farm: By. _ (fiz? ❑isthc om CITY DP EDMONDS By: Approved as to form: By: City Attomey 22 Attest: r a Packet Pg. 180 8.3.a ►ARMi Approved as to farm: By: District Attorney CITY O INION1 By: Attest: - Approved as to form: By: City Attorney 22 Packet Pg. 181 8.3.a EXHIBIT A 1W:1 VITIl:T-"1:►1WAN 9]4Ia411►14;1=19311t97.7 1 In consultation with the City, the District Fire Chief shall designate an individual to serve as City Fire Marshal, and ensure the assignment of necessary personnel to support the needs and functions of the Fire Marshal as specified in the International Fire Code, City ordinances, and other fire service -related national, state, and local standards adopted and/or followed by the City- 2- As employees of the District, the City Fire Marshal and Fire Inspector shall perform all of the customary roles and duties associated with their positions: fire prevention; fire investigation; code development, application, interpretation, and enforcement, permit processes; plans review; records retention, response to public records requests and other legal summons; fire and life safety public education; and other duties as assigned in the City and throughout the jurisdictional areas served by the District. 3. The City agrees to pay fifty percent (50%) of the annual personnel cost (wages and benefits) of {providing one (1) Fire Marshal, and one hundred twenty-five percent (125%) of the annual personnel cost (wages and benefits) of providing one (1) Fire Inspector. 4. The City Engine Company Inspection Program shall be maintained in its current form unless modified by mutual agreement of the parties. 5. The City agrees to provide office space, office furnishings, computers, fax, copier, printer, telephone landlines, and postal support for the use of the Fire Marshal and Fire Inspector in Edmonds City Hall, 6. All fees collected for Fire Permits/Special use, Fire Plan Checks, and Construction Inspections shall be retained by the City. 23 Packet Pg. 182 8.3.a I WA MIM:1 USE OF FIRE STATIONS For as long as the Restated ILA remains in effect, the City hereby grants to the District exclusive use and possession of premises for use as fire stations on the terms and conditions described below. Three Fire Stations. The City shall provide use of the three fire stations located at 8429 - 196'h Street Southwest, 275 - 6'h Avenue North, and 23009 - 881h Avenue West in the City of Edmonds, Washington, PROVIDED THAT the City reserves the right to substitute these stations with new stations as further described in the Restated ILA. 2. Compliance with Applicable Codes. The fire stations provided by the City shall be compliant with all applicable codes, including without limitation, the applicable provisions of the Edmonds City Code and applicable Washington State Standards and regulations (currently WAC 296-305-06501 et seq.). 3. No Use Charge. No use charge shall be assessed to the District. The parties agree that the rights and contractual obligations contained within the Restated ILA constitute adequate consideration for District use and possession of the premises. 4. Utilities and Services. The City shall ensure the supply of all utilities necessary for the use of the premises, to include: water, sewer, garbage, heating, air conditioning, electrical power, telephone and information tech noIogylsystem data lines. 4.1 Cost for Utilities. The District shall be responsible for the cost of all utilities used on the premises, except for those utilities supplied by the City. if a separate meter is unavailable for any utility that the District is responsible to pay, then the cost shall be equitably apportioned to the District in a manner agreeable to both parties. 5. Conditions and Repairs. The City agrees to keep the premises and the buildings in good condition and repair as reasonably requested by the District for use as fire stations during the term of this Restated ILA at its own expense. The City shall at all times keep the buildings suitably equipped as fully functioning and operational fire stations. 6. Improvements, Upon District request, the City shall install such reasonable improvements as are normal and customary in connection with District use of premises set forth herein. The City shall pay for such improvements. 24 Packet Pg. 183 8.3.a 7. Removal of Personal Property Upon Termination of Agreement. Upon termination of this Restated ILA, the District shall remove all non -fixed equipment and personal property placed upon the premises by the District during the period of this Restated ILA unless those items are subject to repurchase by the City as provided in the Restated ILA. Any personal property not removed from the fire stations within 66 days after termination of this Restated I LA shall become the property of the City. 8. Maintenance of Premises. 8.1 Maintenance of the buildings, the premises and all improvements thereon is the sole responsibility of the City. Such responsibility includes without limitation, repair of walls, floors, ceiling, interior doors, interior and exterior windows and fixtures, sidewalks, landscaping, driveways, parking areas, walkways, building exterior and signs, 8.2 City shall maintain in good condition the structural parts of the fire stations and exterior buildings and structures which shall include emergency lighting, fences, enclosures, curbs, gutters and sidewalks, foundations, bearing and exterior wails, subflooring and roof, roof -mounted structures, unexposed electrical, plumbing and sewerage systems, including those portions of the systems lying outside the premises, exterior doors, apparatus bay doors, window frames, gutters, downspouts on the building and the heating, ventilating and air conditioning system servicing the premises. 8.3 All janitorial services for routine cleaning of the buildings shall be the responsibility of the District. 8.4 All grounds maintenance of the premises, to include fencing, enclosures, gates, landscape, stairs, rails, curbs, gutters, sidewalks, drains, and water retention structures shall be the responsibility of the City. 9. Insurance and Financial Security. 9.1 The parties agree that the City shall not be responsible to the District for any property loss or damage done to the District's personal property occasioned by reason of any fire, storm or other casualty whatsoever beyond the control of the City. The District shall insure its personal property located on the premises. 9.2 The District shall not be responsible to the City for any loss or damage to the buildings or premises that is not caused by the sole negligence of the District, The City shall insure the premises and buildings against such loss or damage. The District shall repair any damage to the buildings caused by its sole negligence 9.3 In the event of a casualty loss that renders the premises reasonably unsuitable for the use set forth herein, the City shall provide the District with another suitable location(s) for the District until such time as the premises have been repaired. The cost 25 Packet Pg. 184 8.3.a of repairs, and the costs of relocation between the premises and the substitute locations), shall be borne by the City. 10. Indemnification for Environmental Claims: Each party shall indemnify and hold the other party harmless from any and all claims, demands, judgments, orders, or damages resulting from the release of hazardous substances on the premises caused in whole or in part by the activity of the indemnifying party, its agents, employees, licensees or invitees. The term "hazardous substances" shall mean any substance heretofore of hereafter designated as hazardous under the Resource Conservation and RecoveryAct, 42 U.S.C.Sec. 6901 et sea.; the Federal Water Pollution Ccntroi Act, 33 U.S.C. Sec. 1257 et seg.; the Clean Air Act, 42 U.S.C. Sec. 2001 et_ _ seg.; the Comprehensive Environmentai Response Compensation and Liability Act of 1980, 42 U.S.C. Sec. 9501 et. Seq.; or the Hazardous Waste Cleanup -Model Toxic Control Act, RCW 70.105D all as amended and subject to all regulations promulgated thereunder. 11. Indemnification and Hold Harmless: Each party agrees to protect, save, defend, hold harmless and indemnify the other party, its officers, employees and agents from any and all demands, claims, judgments, or liability for loss or damage arising as a result of accidents, injuries, or other occurrences on the premises, occasioned by either the negligent or willful conduct of the indemnifying party, regardless of who the injured party may be. 12. Termination of Agreement. Upon termination of this Restated ILA or any extension thereof, whether by expiration of the stated term or sooner termination thereon as provided in the Restated ILA, the District shall surrender to City the premises peaceably and quietly. 13, Default and Remedies. 13.1 Failure of the City to perform repairs or maintenance to the buildings or premises as described in 8 above within a reasonable period after notice by the District shall constitute a Material Breach under the terms of this Restated ILA. For purposes of this Restated ILA, a reasonable period shall be construed to mean five (5) business days, for repairs and maintenance that could feasibly be performed in such time. 13.2 Notwithstanding anything to the contrary, if the nature of the repair constitutes an operational, safety, and/or security emergency which materially affects District use of the premises or building for their intended purpose, the City shall perform the repair as soon as possible regardless of the day or hour and no later than forty-eight (48) hours after receiving notification from the District. 13.3 If the City fails to timely perform the repair or maintenance under the conditions described above after notification, the District may have such repair or maintenance performed at City expense. The cost of the repair or maintenance shall be forwarded to the City, which shall pay the cost within thirty (30) days after notice. Notwithstanding anything to the contrary, the City shall not be in breach of any repair or maintenance 26 Packet Pg. 185 8.3.a obligation herein if the repair cannot be completed within the time set forth herein so long as the City is diligently pursuing completion of the repairs. 27 Packet Pg. 186 EXHIBIT C CONTRACT PAYMENT 8.3.a Station Costing Model Station Personnel (FTEs) FTE Battalion Chiefs FTE Captains FTE Firefighter/Paramedics FTE Firefighters Firefighter/Paramedics-12 Hour Firefighters-12 Hour 2017 5ta 16, 17, 20 All Cross Staffed\ALS Average Wage & Benefits per FTE Position 2.424 1 186,248 13.746 161,593 18.000 147,936 9,492 133,343 147,936 133,343 Total Positions 41.239 FTE Factor 4.582 Station Staffing 9,600 a ADD: Administrative Overhead 10% Maintenance & Operations 10% Apparatus Replacement 2017 TOTAL SUPPRESSION/EMS CONTRACT COST 2017 Esperance AV 565,469,115 Esperance Est. Property Tax Revenue ADD: Additional Staff Paid Separately by the Contracting Agency Fire Chief Assistant Chief Deputy Chief Department Manager Executive Assistant Manager Professional/5pecialist Admin Assistant Technicians Fire Marshal Deputy Fire Marshal jinspector] Count Total Labor Costs I per Position 451,465 2,221,260 2,662,854 1,265,692 270 127 127 062 23 (1,11 ?,ISO) 7,114,436 254,227 213,009 199,030 0.500 203,408 101,704 1.250 169,958 212,448 TOTAL ADDITIONAL COSTS TOTAL FIRE/EMS SERVICES COST Cost of living increases based on CPI-W, not Comps 1 314,152 1 ..7 Q 28 Packet Pg. 187 8.3.a EXHIBIT D APPARATUS REPLACEMENT 29 Q Packet Pg. 188 8.3.a EXHIBIT E Definitions Subject to Administrative Amendments Pursuant to Article 19.5 1. NEIGHBORING UNIT UTILIZATION FACTOR. Neighboring Unit Utilization Factor or NUUF is the method used by the parties to determine how much time Units associated with one jurisdiction are Assigned to calls in another jurisdiction. Because the District provides service across a number of different cities and unincorporated areas, and because those various jurisdictions make payments to the District for those services, Neighboring Unit Utilization Factor is relevant even where a District Unit is dispatched to a call that is still within an area served by the District but outside of the normal area served by that Unit. NUUF is determined by converting the following fraction to a decimal rounded to the nearest thousandths: l►Loll] M total seconds that non -Edmonds Units are Assigned to calls in Edmonds over the previous calendar year total seconds that Edmonds Units are Assigned to calls outside of Edmonds over the previous calendar year Formula_ Explanation: In this fraction, the numerator shall equal the total number of seconds that non -Edmonds Units are assigned to calls in Edmonds (not including Esperance, unless Esperance is annexed) over the previous calendar year. The denominator shall equal the total number of seconds that Edmonds Units are assigned to calls outside of Edmonds (Esperance shall be considered "outside of Edmonds" for the purpose of this calculation unless Esperance is annexed) over the previous calendar year. Calculation: Neighboring Unit Utilization Factor shall be calculated separately for the City of Lynnwood (stations 14 and 15 combined) and any non. -Edmonds unit within the District, e.g., Station 19, for as long as Lynnwood and the District are not part of the same Regional Fire Authority. Determination of Whether NUUF is in Balance: Unlike the Unit Utilization Factor, the NUUF need only be calculated on an annual basis after the completion of each calendar year. NUUF shall be considered balanced if the NUUF falls somewhere between 0.900 and 1.1 00. For example; if Lynnwood's Units are assigned to calls in Edmonds that total 1,000,000 seconds during a calendar year, and Edmonds Units are assigned to calls in Lynnwood that total 1,095,000 seconds during a calendar year, the NUUF for that year would equal 0.913 and would be considered in balance. If, on the other hand, the numerator were to remain the same; but the 30 Packet Pg. 189 8.3.a Edmonds Units are assigned to calls in Lynnwood that total 880,000 seconds, the NUUF for that year would equal 1.136 and would be considered out of balance. Special Calculation for 2017: Since this Restated ILA takes effect after January 1, 2017, the 2017 NUUF shall be calculated proportionally for that portion of 2017 following the Effective Date. 2. TRANSPORT BALANCE FACTOR. Transport Balance Factor (TBF) is the method used by the parties to determine how frequently Units associated with one jurisdiction transport patients resulting from calls in another jurisdiction. Because the District provides service across a number of different cities and unincorporated areas, and because Edmonds is entitled to receive transport fee revenue for all District transports resulting from calls in Edmonds regardless of whether the transport is performed by an Edmonds Unit or a non -Edmonds Unit, Transport Balance Factor is relevant to whether transport fees are being distributed in an equitable manner. TBF is determined by converting the following fraction to a decimal rounded to the nearest thousandths: TBF = number of transports that non -Edmonds Units provide from calls in Edmonds over 6 months number of transports that Edmonds Units provide from calls outside of Edmonds over 6 months Formula Explanation: In this fraction, the numerator shall equal the total number of transports that non -Edmonds Units provide from calls in Edmonds (not including Esperance, unless Esperance is annexed) over the previous six-month period. When an Edmonds Unit and a non -Edmonds Unit both respond to a call in Edmonds and the non - Edmonds Unit transports the patient, that call may not be counted in the numerator, even if the Edmonds Unit responded with a non -transport vehicle. The denominator shall equal the total number of transports that Edmonds Units provide from calls outside of Edmonds (Esperance shall be considered "outside of Edmonds' for the purpose of this calculation unless Esperance is annexed) over the previous six-month period. Determination of Whether TBF is in Balance: TBF shall be considered "balanced" if the TBF €ails somewhere between 0.900 and 1.100. While TBF is intended to be analyzed by looking back over the previous six months, during 2017, a special quarterly TBF shall be calculated that looks at TBF on a quarterly basis and adjusts the calculation method accordingly. The quarterly analysis shall be performed beginning with the second quarter 31 Packet Pg. 190 8.3.a of 2017. The quarterly TBF is intended to give the District the ability to analyze the effect of minor dispatch adjustments before TBF could result in a Threshold Notice being issued. 3. UNIT UTILIZATION FACTOR UUF = Unit Utilization Factor or UUF is the method used by the parties to determine how busy a particular Unit is. Unit Utilization Factor is determined by converting the following fraction to a decimal rounded to the nearest thousandths: number of seconds a Unit is Assigned to all calls over the previous twelve-month period 31,536,000 Formula Explanation: In this fraction, the numerator shall equal the total number of seconds a Unit is Assigned to all calls over the previous twelve-month period. The denominator shall always be 31,536,000 (the number of seconds in a twelve-month period). Because this contract initially contemplates exactly one Unit at each station, with each station having multiple apparatus types, the total number of seconds a Unit is Assigned to all calls shall be the total for all apparatus types used by that Unit. The activity of the Battalion Chief and Medical Services Officer shall not be counted in the numerator for any unit. For example, if, over the previous twelve-month period, Engine 20 was Assigned to calls totaling 72,089 seconds, and Ladder 20 was Assigned to calls totaling 229,320 seconds, and Medic 20 was Assigned to calls totaling 4,008,640 seconds, then the calculation for UUF would be made as follows: 4,310,049 UUF = = 0.1366 (rounded to 0.137) 31,536,000 Frequency of Calculation: Unit Utilization Factor shall be calculated as soon as possible after the end of each quarter, looking back over the previous twelve-month period. While UUF is intended to be analyzed by looking back over the previous twelve months, during the each of the last three quarters of 2017, a special UUF shall be calculated that looks at UUF on a quarterly basis and adjusts the calculation method accordingly. The quarterly analysis during 2017 is intended to keep data from the service delivery model prior to the Effective Date from contaminating the data applicable to the Restated ILA. 32 Packet Pg. 191 SOUTH COUNTY FIRE 12425 Meridian Ave S, Everett WA 98208 tel (425) 551-1200 • fax (425) 551-1249 www.southsnofire.org June 2, 2021 City of Edmonds Attention: Mayor Mike Nelson Edmonds City Hall 121 5th Avenue North Edmonds, WA 98020 RE: Threshold Notice Pursuant to Revised and Restated Interlocal Agreement for Fire and Emergency Medical Services Dear Mayor Nelson: I have been asked by the Governing Board of South County Fire to reach out to you in connection with the above referenced Interlocal Agreement (the "ILA") which was originally entered into between the City and Snohomish County Fire District No. 1. The ILA was subsequently assigned from Fire District No. 1 to South County Fire on October 1, 2017, upon formation of the regional fire protection service authority. The ILA identifies two factors that are intended to remain in balance, i.e., within a 10% variance. These two factors are designated as the Neighboring Unit Utilization Factor (NUUF) and the Transport Balance Factor (TBF). As explained in Exhibit E to the ILA, the NUUF is used to determine how much time Units associated with one jurisdiction (e.g., South County Fire) are assigned to calls in another jurisdiction (e.g., the City). The TBF is used to determine how frequently a Unit associated with one jurisdiction transports patients resulting from calls in another jurisdiction. Exhibit E to the ILA contains formulas for calculating the NUUF and TBF. Both factors are considered balanced if the calculation falls between .900 and 1.100. Pages 22 and 25 of South County Fire's 2020 Annual Report that we presented to you and City Council on February 23, 2021 showed that the NUUF and TBF are both out of balance. Our most recent figures indicate that the NUUF is 157% for Units from Mountlake Terrace and 252% for Units from Lynnwood, and the TBF is 1.135. Whenever either of these factors is unbalanced, South County Fire is required to issue a "Threshold Notice" to the City to start the process of evaluating potential Remedial Measures to bring these factors back into balance. Please consider this letter the "Threshold Notice" contemplated by Section 2.2.2 of the ILA. This same Section of the SERVING SOUTH SNOHOMISH COUNTY • BRIER • EDMONDS • LYNNWOOD • MOUNTLAKE TERRACE 8.3.b Packet Pg. 192 8.3.b RE: Threshold Notice Pursuant to Revised and Restated Interlocal Agreement for Fire and Emergency Medical Services ILA contemplates that South County Fire and the City will meet within thirty (30) days of issuing this Threshold Notice to determine the following: a. Methodologies intended to re -balance the NUUF and TBF. Remedial Measures may include, but shall not be limited to, changes to the staffing mix and/or levels, adding one or more Units, changing fire response plans within the computer -aided dispatching (CAD) model, and/or implementing other service changes; and b. Adjusting the Contract Payment to account for South County Fire's increased cost in employing the selected Remedial Measures. Our staff has been evaluating potential Remedial Measures, and we intend to forward recommendations to you in advance of our meeting. I would also like to proceed with scheduling a meeting with you to discuss our suggestions on potential Remedial Measures and associated cost impacts. Since the ILA provides for this meeting to be held within thirty (30) days of this notice, we should schedule this meeting no later than July 2, 2021. Please let me know your availability. After this meeting occurs, the ILA provides the City with a ninety (90) day period to select Remedial Measures. We will, of course, remain available during that time, as needed, to assist the City in its decision -making process. We look forward to working with you to bring the NUUF and TBF into balance. In the meantime, if you have any questions, please do not hesitate to contact me. Sincerely, Thad Hovis Fire Chief Page 2 of 2 Packet Pg. 193 8.3.c SOUTH COUNTY FIRE 12425 Meridian Ave 5., Everett WA 98208 tel (425) 551-1200 • fax (425) 551-1249 www.southsnofire.org June 16, 2021 City of Edmonds Attention: Mayor Mike Nelson Edmonds City Hall 1215th Avenue North Edmonds, WA 9820 SUBJECT: Proposed Remedial Measures Pursuant to Section 2.2.3 of the Revised and Restated Interlocal Agreement for Fire and Emergency Medical Services (ILA) Dear Mayor Nelson: This letter is written in follow up to the Threshold Notice provided to the City of Edmonds (the "City") on June 2, 2021. Section 2.2.3 of the ILA indicates that SCF will identify various Remedial Measures which are likely to expeditiously achieve a balancing of the Neighboring Unit Utilization Factor (NUUF) and Transport Balance Factor (TBF). We have a meeting scheduled on June 30, 2021 to discuss potential remedial measures. This letter is written to satisfy South County Fire's obligations under Section 2.2.3 of the ILA and to make our meeting on June 30 more productive. We hope the information herein will be useful to you as your team prepares for this meeting. In order to evaluate which Remedial Measures should be employed, we used 2019 (pre - pandemic) response data and evaluated the following: • All responses within the City • Responses of City units outside the City • Non -City units responding within the City • Day vs. night responses • Non -City units transporting in the City • City units transporting outside the City We are happy to provide the full accounting of this information in advance of our meeting if you would like to review the raw data. We believe that the Remedial Measures most likely to expeditiously achieve a balancing of the NUUF and TBF consist of the following: SERVING SOUTH SNOHOMISH COUNTY • BRIER • EDMONDS • LYNNWOOD • MOUNTLAKE TERRACE Packet Pg. 194 8.3.c SUBJECT: Proposed Remedial Measures Pursuant to Section 2.2.3 of the Revised and Restated Interlocal Agreement for Fire and Emergency Medical Services (ILA) 1. Add a 24-hour transport unit. The exact station of operation would be at the discretion of the Fire Chief, as would be his/her determination as to the best use of resources for response and to fulfill terms of the ILA. This additional unit will add depth to the City's service area coverage and will put less reliance on stations from outside the City. Station 19 (Mountlake Terrace) and Stations 14 & 15 (Lynnwood) are stations that cover responses into the City's service area. This will positively affect the Mountlake Terrace and Lynnwood NUUF and the TBF. 2. Increase daytime (0800-2000 hours) response capability by adding a 12-hour peak activity unit (PAU) within the City. We evaluated the data and considered other factors: • Support stations (second, third, and fourth due) • Proximity to Puget Sound • Lack of Fire/EMS support from the West (Puget Sound) and South (Woodway) • Effective force/weight of response We recommend that the PAU be assigned at one of the City fire stations. The PAU may be located at an alternate site at the discretion of the Fire Chief and his/her determination as to the best use of resources for response and to fulfill the terms of the ILA. This PAU will help address the lack of Fire/EMS support from both the West and South. It would also allow the current City fire stations to have better reliability, be less reliant on the support from the stations located in Lynnwood and Mountlake Terrace, and help bring both the NUUF and TBF into balance. The cost associated with these changes would be as follows: The current cost of the ILA in the budget, which includes an estimated COLA for labor in 2021 (which still needs to be negotiated) is $9,014,750. The cost of adding the 24-hour transport unit, which would take staffing from nine (9) to eleven (11) FTEs is $1,501,212. The cost of adding the 12-hour PAU would be an additional $750,606. These cost calculations are based on the current staffing cost formula in the ILA, which uses station staffing as the basis with M&O and administrative overhead added. See the table below for a breakdown of cost: 2021 Current 9 FTEs 11 FTEs 12 FTEs ILA Cost $ 9,014,750 $ 10,515,962 $ 11,266,568 City cost increase $ 1,501,212 $ 2,251,818 Page 2 of 3 Packet Pg. 195 8.3.c SUBJECT: Proposed Remedial Measures Pursuant to Section 2.2.3 of the Revised and Restated Interlocal Agreement for Fire and Emergency Medical Services (ILA) Edmonds Current MART %[ 1G Proposed Remedial Measures If you have any questions about these proposed Remedial Measures in advance of our meeting, please feel free to contact me. We look forward to meeting with you on June 30, 2021. Sincerely, r Thad Hovis Fire Chief Page 3 of 3 Packet Pg. 196 8.3.d /nc. ISCP CITY OF EDMONDS CITY HALL - THIRD FLOOR 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0247 - fax (425) 771-0252 www.edmondswa.gov OFFICE OF THE MAYOR September 14, 2021 Chief Thad Hovis South County Fire 12425 Meridian Avenue South Everett, WA 98208 By email to: thovis@southsnofire.org MIKE NELSON MAYOR RE: Request for Extension of Negotiation Deadline Under Interlocal Agreement Dear Chief Hovis: As you know, we have been meeting regularly with representatives of the South County Fire RFA ever since the City received the RFA's June 2, 2021 Threshold Notice pursuant to the terms of our ILA. The ILA contemplated that 120 days would be a sufficiently long period for the City to designate Remedial Measures. Under the ILA, if the City fails to designate one or more Remedial Measures by the 120-day Negotiation Deadline, such failure would be deemed a Material Breach. As mayor, I do not have the unilateral authority to execute an amendment to the ILA incorporating the City's designated Remedial Measures. So, I will need to work with the city council to gain their approval. But I can commit to you that I will be proposing to the city council that the City agree to amend the ILA to add Remedial Measures that include either an additional 24-hour two person unit, or two additional peak activity units. While I cannot guarantee city council approval of these Remedial Measures, I hope that my past opposition to decreasing service levels persuades you that I will lobby for these Remedial Measures in earnest. Having said that, I would like to have additional time to work with the city council before formally designating the City's Remedial Measures and without triggering a Material Breach under the ILA. Therefore, I'm requesting that the RFA grant the City a 30-day extension of the Negotiation Deadline in the ILA. This extra time would hopefully allow me to convince the city council that Remedial Measures along the lines of what I have outlined above are the best next step for the City's relationship with the RFA. Incorporated August 11, 1890 Sister City - Hekinan, Japan Packet Pg. 197 8.3.d Please let me know as soon as possible whether the RFA agrees to this extension request. In the absence of such an extension, the City would still make its designation of Remedial Measures in a timely manner, but my ability to deliver an amended ILA could be compromised by not giving the city council adequate time to digest these proposed changes. Kind regards, �,/ikeNelson Mayor Cc: Jeff Taraday Packet Pg. 198 8.3.e SOUTH COUNTY FIRE 12425 Meridian Ave S., Everett WA 98208 tel (425) 551-1200 • fox (425) 551-1249 www.southsnofire.org September 17, 2021 Edmonds City Hall Attn: Mayor Mike Nelson 121 5th Avenue North Edmonds, WA 98020 RE: 30-Day Extension Mayor Nelson: We received your September 14, 2021 letter in which you requested that South County Fire grant the City a 30-day extension in which to identify a Remedial Measure as contemplated by Section 2.2.3 of the Revised and Restated Interlocal Agreement for Fire and Emergency Medical Services (the "ILA"). The current deadline to identify a Remedial Measure is September 30, 2021. Accordingly, a 30-day extension would result in a revised deadline of October 30, 2021. Since that day falls on a Saturday, the actual deadline would be November 1, 2021. As I indicated during our meeting on September 9, 2021 the authority to grant an extension under the ILA rests with the Governing Board. I have now had an opportunity to discuss your request with the Governing Board. The Board appreciates your efforts to date in discussing the information we have provided and working through the issues with our team. The Board also understands the realities of the situation, i.e., that you need the support of the City Council in order to execute an amendment to the ILA to incorporate a Remedial Measure. The Governing Board has authorized me to communicate that South County Fire will agree to a 30-day extension. In consideration of granting the City's request, the Governing Board requests that the City Council allow me and Chief Eastman the opportunity to briefly address the City Council. The purpose of this would be to make a short presentation on the issues that led to South County Fire's issuance of the Threshold Notice and the Remedial Measures that we have proposed. We would, of course, be willing to take questions from Council members at the conclusion of our presentation. We trust that this request will be looked upon favorably, and we look forward to hearing from you as to when we might be able to address the City Council. Thank you for your consideration. Sincerely, SOUTH COUNTY FIRE Thad Hovis, Fire Chief Packet Pg. 199 1 8.3.f INTERLOCAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES THIS INTERLOCAL AGREEMENT by and between SNOHOMISH COUNTY FIRE PROTECTION DISTRICT NO. 1, a Washington municipal corporation (the "District") and the CITY OF EDMONDS, a Washington city (the "City") is for the provision of fire and emergency medical services (EMS). WHEREAS, a consolidated Fire and EMS service, by a single vendor or through a Regional Fire Protection Service Authority (RFA), has recently gained support of most elected officials in Southwest Snohomish County; WHEREAS, the City and District agree that a long-term agreement between the City and the District for fire and emergency medical services is beneficial to the City and District and their stakeholders; and WHEREAS, the City and District have a long-term relationship for providing Mutual and Automatic Aid toward the delivery of fire and emergency medical service; and WHEREAS, the City desires to contract with the District to provide fire and emergency medical services to the City and the District desires to so provide these services; and WHEREAS, the District and the City are authorized, pursuant to Chapter 39.34 of the Revised Code of Washington, to enter into Interlocal Agreements which allow the District and the City to cooperate with each other to provide high quality services to the public in the most efficient manner possible. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and District hereto agree as follows: Interlocal Agreement for Fire and Emergency Medical Service Operations Page 1 of 21 November 2, 2009 ® SJ "7 -a2,o/a -/v de-70, Packet Pg. 200 8.3.f 1. SCOPE OF SERVICES 1.1 Services Provided. The District shall provide all services necessary for fire suppression, emergency medical service, hazardous materials response, technical rescue, and disaster response to a service area covering the corporate limits of the City of Edmonds as are provided by the City of Edmonds. In addition, the District shall provide support services including, but not limited to, fire marshal, fire prevention and life safety, public education, public information, and fleet maintenance, payroll and finances, human resources, and legal and risk management pertaining to the operations and delivery of fire department services. 1.2 Training, Education, and Career Development. The District will provide training and education to all firefighter and emergency medical service personnel in accordance with State, County and local requirements. Furthermore, the District will offer professional development and educational and training opportunities for unrepresented and civilian employees. 1.3 _City Fire Chief. The District's Fire Chief shall be designated the City Fire Chief for purposes of statutory provisions, regulations and the Edmonds City Code. 1.4 District Fire Chief Desi Hates Fire Marshal. The District Fire Chief shall designate an individual to serve as City Fire Marshal, and shall assign necessary personnel to support the functions and needs of the Fire Marshal as mutually agreed to and partially funded by the City (See Exhibit A), 2. STANDARDS FOR SERVICES/STAFFING E 2.1 Battalion Chief. The City Battalion Chief unit shall be staffed with a minimum of a o one (1) Battalion Chief twenty-four (24) hours per day, seven (7) days per week. o The District agrees to provide Incident Command response for all emergency N 76 incidents twenty-four (24) hours per day, seven (7) days per week. c 2.2 Fire Station Staffing. Fire Station 16 shall be staffed twenty-four (24) hours per L . 2 day, seven (7) days per week with a minimum of one (1) fire captain and two (2) i firefighter/emergency medical technicians or firefighter/paramedics. Fire Station c 17 shall be staffed twenty-four (24) hours per day, seven (7) days per week with U a minimum of one (1) fire captain, and two (2) firefighter/emergency medical technicians or firefighter/paramedics. Fire Station 20 shall be staffed twenty-four (24) hours per day, seven (7) days per week with a minimum of one (1) fire captain and two (2) firefighter/emergency medical technicians or a firefighter/paramedics. 2.3 Paramedic unit. The City Medic unit wm b-e sta ffea witn a rniniiiiurn o firefighter/paramedics as currently provided. Interlocal Agreement for Fire and Emergency Medical Service Operations Page 2 of 21 November 2, 2009 Packet Pg. 201 8.3.f 2.4 Level of Service. The District shall provide the same level of service as currently provided by the City, which is consistent with the City response objectives per the City's Chapter 35.103 RCW Fire Department Compliance Plan (previously SHB Compliance Plan 1756) approved by the Edmonds City Council on November 28, 2006. If these response objectives are amended to provide an increased level of service, the District will make reasonable efforts to meet them, provided that funding is adequate. 2.5 Annual Reporting. The District agrees to annually report to the City in accordance with the City's RCW 35.103 Fire Department Compliance Plan. 2.6 Staffing Exceptions. Exceptions to on duty staffing levels may occur in unusual circumstances such as where there is a significant emergency event(s) in the District, the City, or other areas which are under a contract for service or auto/mutual aid agreement with the District. Unusual circumstances and significant emergencies that affect personnel, equipment, infrastructure and/or may include, but are not limited to, natural or man-made disasters, a significant incident, or series of escalating incidents significant to a specific location, multiple locations, and/or with area or region -wide impact. 2.7 Criteria -Based 9-1-1 Dispatch. It is understood and agreed by the City and District that the dispatch of units during emergencies is determined by criteria - based dispatch protocols of the dispatch centers, and automatic and/or mutual aid agreements. Nothing herein shall require the District to respond first within the City as opposed to other areas served by the District. The City and District recognize that responses to emergencies shall be determined by the District based upon dispatch protocols, the District's operational judgment, and without regard to where the emergencies occur. 2.8 Level of Service Changes. During the term of this Agreement, service level o changes may be mandated that are beyond the control of either party. N Additionally, either party may desire to change the service level, including but not c limited to, those services identified in Section 1 Scope of Services and Section 2 T Standards for Services/Staffing. When a service level change is mandated by 0 law, adopted by the Edmonds City Council as the City's response objectives as required by RCW 35.103, or is mutually agreed to by the parties, the City and the District will renegotiate the contract payment at the request of either party. U Provided that before renegotiation, the District must notify the Union, IAFF 1997, of the alleged change requiring a change in the level of service and thereafter negotiate with the Union the impact/affects of such change on the terms and conditions of employment of bargaining unit personnel. cc a 2.9 Response Time Questions. In the event that response times should consistently exceed the current level of City services, the District Fire Chief and City Mayor, or their designees, shall meet and confer to address the cause and potential remedies. In no circumstance will a meet and Interlocal Agreement for Fire and Emergency Medical Service Operations Page 3 of 21 November 2, 2009 Packet Pg. 202 8.3.f confer process be prejudicial to the rights of the parties under this agreement, or upon the Union, IAFF 1997, to bargain any and all impacts/effects relating to any remedy incident to the increased response time. 3. USE OF CITY FIRE STATIONS 3.1 Use of City Fire Stations. The City shall retain ownership of existing City fire L stations. The City shall provide three City fire stations or replacement fire stations for use by the District during the term of this Agreement and as described in Exhibit B. In the event of a conflict between the provisions of the Agreement and c Exhibit B, the provisions of Exhibit B shall control with respect to fire stations and U fixtures contained therein. c 3.2 Fire Station Furnishings. The District shall make a one-time, lump sum purchase of fire station furnishings that are not built-in or fixed, and consumable and 3 disposable supplies within 30 days after the Commencement Date of this Agreement. The District shall accept ownership of furnishings that are not built-in or fixed in "as is" condition but only if the individual furnishing or ensemble are in a condition acceptable to the District. a 3.3 Purchase Price. The purchase price for furnishings that are not built-in or fixed In was determined by applying a 15-year depreciation schedule to the estimated U purchase prices of individual furnishings or ensembles. The purchase price for the estimated consumable and disposable supplies that will be in the fire stations on the Commencement Date of this Agreement is based on the acquisition price. E The purchase price for furnishings that are not built-in or fixed with appropriate = depreciation applied, and the price of consumable and disposable supplies is E identified in Exhibit J. 4. ANNUAL CONTRACT AND TRANSPORT FEES PAYMENT TERMS 0 o 4.1 Annual Contract Payment. The City shall annually pay the District a sum referred to as the Contract Payment for the services provided herein. The amount of the Contract Payment shall be determined according to Exhibit C. The Contract Payment shall be paid in equal quarterly installments by January 15, April 15, July 15 and September 15. Failure to pay quarterly installments in a timely manner shall be considered a material breach as defined in the Definitions section of this Agreement. 4.2 Contract Payment Adjustment. The Contract Payment shall be adjusted each year no later than September 1. 4.3 Annual Percent Increase Based on Labor Costs. The District shall submit to the City an annual revision to Exhibit C of this Agreement, which shall identify the Contract Payment for the ensuing year(s). The cost of City Station Personnel identified in Exhibit C shall be adjusted as changes occur by the percentage Interlocal Agreement for Fire and Emergency Medical Service Operations Page 4 of 21 November 2, 2009 Packet Pg. 203 8.3.f increase in labor costs resulting from the negotiated labor agreement between the District and IAFF Local 1997; provided that the personnel cost shall increase from one labor agreement to the next no more than the greater of (i) the median increase in compensation of comparable fire agencies, (ii) the increase in the Consumer Price Index as measured by the CPI-W Seattle -Tacoma -Bremerton metropolitan area for the 12-month period ending June 30, or (iii) the percentage increase in compensation awarded by an interest arbitrator. The phrase "comparable fire agencies" shall refer to a list of comparables agreed upon by the Employer and Union through the collective bargaining process or the comparables accepted by an interest arbitrator in an interest arbitration proceeding. 4.4 Adjustment Date Not Met. If the labor agreement between the District and IAFF Local 1997 has not been finalized by December 31 of the year prior to the upcoming contract for service year, the District Station Personnel costs and the District Indirect Costs will be adjusted upon execution of the labor agreement but will be retroactive to January 1 and paid by the City within 30 days of execution of the labor agreement. 4.5 Annual Indirect Operating Cost Adjustments. The District shall adjust the Contract Payment costs consisting of Indirect Operating Costs determined by the following: • Overhead which shall be 10 percent of the cost of the City Station Personnel cost; • Station equipment/maintenance/operation, which shall be 10 percent of the City Station Personnel cost; • Fire Marshal allocation at 75 percent of wage and benefit cost of the position, and Fire Inspector at 100 percent of wage and benefit cost of the position (See Exhibit A); and • Apparatus replacement costs based upon the District Apparatus Replacement Schedule — City Rolling Stock designated as Exhibit D. The District Indirect Costs identified in Exhibit C shall then be adjusted based upon the specified percentage of the increased cost of City Station Personnel. The total of the City Station Personnel cost and the Indirect Costs shall be the Contract Payment for the ensuing year. 4.6 Annexation. The City's Urban Growth Area does contain property within the boundaries of the District; however, this provision shall not apply to the annexation of "islands" as referenced in RCW 35,13.182. Should the City seek to annex portions of the District, the District will not oppose the annexation. In the event the City annexes portions of the District, the Contract Payment shall be increased and shall be calculated by applying the then current District levy rate and emergency medical services levy rate to the annexed property. The increased amount shall be added to the Contract Payment as a base for calculations in future years. Interlocal Agreement for Fire and Emergency Medical Service Operations Page 5 of 21 November 2, 2009 Packet Pg. 204 8.3.f 4.7 Significant Change in Cost of Providing Services. In the event that there is a material and significant increase or decrease in the costs of providing services under this Agreement or an increase in such costs as a result of a legislative or policy decision that is exempt from the dispute resolution provisions of Sections 18.1 and 18.2, then at the request of either party, the City and District shall renegotiate this Agreement and the Contract Payment to fully compensate the District for actual costs incurred according to the methodology in Exhibit C. In the event that the City and District are unable to successfully renegotiate this Agreement through good faith negotiations, then the Dispute Resolution provision of this Agreement shall apply. 4.8 EMS Transport Fees. The District understands and acknowledges that the City presently charges fees for basic life support and advanced life support transports occurring within the City. As the EMS service provider, the District shall receive and collect all Transport Fees in accordance with District policy for transports that originate within the City limits. The District shall remit these amounts, less an administration fee not to exceed the actual cost of collection, to the City according to the quarterly schedule in Section 4.1. The District shall be responsible for, and agrees to prepare and provide in a timely fashion, all necessary or requested documentation and/or reports to the City. 4.9 Creating Unfunded Mandates. The City shall not create any unfunded mandates for increased service by the District without fully compensating the District for actual costs incurred. 5. CITY EMPLOYEES 5.1 All City Employees Become District Employees. The District shall become the employer of all City Fire Department employees, including administrative and unrepresented uniformed, IAFF members, SEIU members, and civilian employees of the City Fire Department on the Commencement Date of this Agreement between the City and the District. The City and District recognize that during the term of the Interlocal Agreement, the uniformed City Fire Department employees will be integrated into Local 1997 of the IAFF. Labor -represented employees will continue in their current positions and job assignments as recognized by the District, or as agreed through collective bargaining prior to the implementation of this Agreement. Administrative uniformed employees may be reassigned to job positions that meet the needs of consolidating the two organizations. Any civilian City Fire Department employee who is reassigned to a new position shall be entitled to wages and benefits consistent with, or greater than, the current wages and benefits provided by the City for such employee's former position. City personnel shall receive the District's compensation levels and benefits as of the Commencement Date of this Agreement. Interlocal Agreement for Fire and Emergency Medical Service Operations Page 6 of 21 November 2, 2009 Packet Pg. 205 8.3.f 5.2 Seniority and Rank. Any IAFF member of the City Fire Department shall assume employment with the District with complete seniority and rank intact. No additional probationary periods or testing shall be required of any current IAFF member under the Employees of Merged or Contracted Organization's article of the Local 1997 Collective Labor Agreement. For purposes of seniority, the "hire date" of a City Fire Department employee will be the earliest such employee's hire date(s) with Fire District 1, Medic 7, or the City of Edmonds. 5.3 Transfer of Sick and Vacation Leave. Sick and vacation leave of City employees shall be transferred and maintained as attached in Exhibit E. The City shall pay to the District the current value of accrued vacation leave banks as of the date of the transfer. The City shall also pay the cash -out value of City sick leave banks in accordance with applicable Union contract or City policy. "Cash -out value" shall be based on termination by layoff due to lack of work by the City as of the date of the transfer. The District and City may agree to credit this obligation against monies owed by the District under this Agreement. These payments are intended to close out the City's obligations with respect to transferred, accrued leave banks and the provisions of 5.9 shall not apply to unanticipated costs or increases associated with the transferred leave banks such as, but not limited to, increases attributable to changes in statutory or case law relating to the payment of such banks, their impact on overtime requirements or changes in pension law, PROVIDED, HOWEVER, that if a transferred employee retires within two (2) years of the date of the transfer and the Washington State Department of Retirement Systems (DRS) treats any portion of the leave bank payouts as excess compensation, the City shall be liable for its proportionate share of such excess compensation cost as determined by DRS. "Proportionate share" shall be determined based on the last wage paid by the City and the leave payout cap in effect as of the date of the transfer and the excess compensation assessment attributable thereto. 5.4 Layoff Language. For the provisions of layoffs or reduction in force, there shall be three established Seniority Lists attached as Exhibit F. • Blended Seniority List consisting of the former members of IAFF Local 1828 (Edmonds Firefighters) and the members of IAFF Local 1997 (Snohomish County Fire District 1 Firefighters). • Non -Blended Seniority List of IAFF local 1997 (District Firefighters) prior to the Commencement Date of the Interlocal Agreement between the District and the City. • Non -Blended Seniority list of IAFF Local 1828 (Edmonds Firefighters) prior to the Interlocal Agreement between the District and the City. 5.4.1 Layoff Within First 60 Months of Contract. If a reduction in force becomes necessary within the first 60 months of this Agreement, the reductions in force shall be initiated utilizing the Blended Seniority List from the most senior to the least senior giving each member the first right of refusal. In the event that the said reduction in force is not accomplished through the Blended Seniority List, Interlocal Agreement for Fire and Emergency Medical Service Operations Page 7 of 21 November 2, 2009 Packet Pg. 206 8.3.f the reduction in force shall be incurred upon the least senior members of the jurisdiction causing the reduction in force. The reduction will be based on the Seniority Lists established prior to the Interlocal Agreement between the District and the City. 5.4.2 New Employees. Employees hired after the date of this Interlocal Agreement will be placed on the bottom of the Blended List and will be first subject to layoff. 5.5 Promotional Language and Probationary Period. The parties agree that two of three Company Officer promotions required to convert the three -platoon City work schedule to the District four -platoon work schedule will be made from a promotional list established by the Edmonds Civil Service Commission and consist solely of eligible pre -Commencement Date City employees. 5.6 Company Officer Promotion Process. The parties agree that the City Company Officer promotion process shall occur prior to the Commencement Date of the Agreement. 5.7 Probation Process for Newly Promoted Company Officers. The parties agree that newly -promoted City Company Officers transferring employment to the District on the Commencement Date shall serve the probationary period of the IAFF 1997 collective labor agreement and District policy, procedures, and performance standards for Company Officers. 5.8 Im act of A regiment. Each party has undertaken to collectively bargain the impact of this Agreement upon the respective labor unions which represent each party's employees. The City and District further acknowledge that the integration of City employees into the District's organizational structure has been in conjunction with the respective labor unions which represent each party's employees, and that the City and District will have reached agreement with existing labor unions, and with each other, that the seniority rights of City Personnel will remain intact and will transfer to their employment with the District, 5.9 Former City Employees. The City shall indemnify, defend, and hold the District harmless from any and all demands, claims, or actions by former City personnel, which arise out of, or relate to, the time prior to the date that such City personnel became employees of the District; provided, however, that the indemnification shall not apply to any claims arising as a result of the District's actions under the Interlocal Agreement. 6. ROLLING STOCK (APPARATUS AND VEHICLES) 6.1 Purchase Rollin_ Stock, tock. The District shall purchase the City Fire Department's rolling stock 'apparatus and vehicles). The Dlstnct shall accept title and ownership of such rolling stock in "as is" condition but only if each individual unit is in a condition reasonably acceptable to the District. Interlocal Agreement for Fire and Emergency Medical Service Operations Page 8 of 21 November 2, 2009 Packet Pg. 207 8.3.f 6.2 Transfer of Title. The City and District shall cooperate and execute such documents which are necessary to accomplish the transfer of title. 6.3 Rolling Stock Lump Sum Purchase. The District shall make a one-time, lump sum purchase of City rolling stock within 30 days after the Commencement Date of this Agreement, specifically for the ladder (1), engines (3), medic unit (1), aid units (4), utility (1), the 1938 Ford fire engine (1), and six vehicles. 6.4 Purchase Price. The purchase price of each piece of rolling stock shall be the retail price determined by Fire Trucks Plus, Inc.; or by the Kelly Blue Book; the acquisition cost of the 1938 Ford Fire Engine; plus the delivered, set-up and lettered cost of two 2009 Ford E-450s Aid Units manufactured by Braun and identified in Exhibit G. 6.5 Rolling Stock Records. The sale of rolling stock includes all service and maintenance, records, and shop manuals for each purchased unit. 6.6 District Apparatus Replacement Schedule. The District has provided current information regarding existing and proposed Apparatus Replacement Schedule attached in Exhibit D. The District, in its sole discretion, may elect to purchase new rolling stock or otherwise assign District rolling stock for use within the City. 6.7 Public Safety Boat. The Public Safety Boat, acquired with a Department of Homeland Security grant as a county -wide asset and known as Marine 16, remains the property of the City. Use by the District of Marine 16 for training and emergencies as a county -wide asset is described in Exhibit H. 7. EQUIPMENT 7.1 Purchase Equipment. The District shall purchase City Fire Department equipment identified in Exhibit I. Equipment is divided into two categories — (1) that on the Fire Department Attractive Asset List, and (2) that equipment on- board rolling stock. There is no duplication between the two lists. The District shall accept ownership of equipment in "as -is" condition but only if each individual piece of equipment or ensemble is in reasonably acceptable condition as determined solely by the District. 7.2 Equipment Lump Sum Purchase. The District shall make a one-time, lump sum purchase of City equipment within 30 days after the Commencement Date of this Agreement. 7.3 Purchase Price. (1) The purchase price for items on the Asset List was i _ i _ ._.__ _ _ _ _ dpp1..i-_a L ,L-liie 4— 46.pbo determinedFJyiyity sL-aiyiniUCP1VUCXL1Uii w uiV ur 1aQc nrino imin nc and/or estimated present value for each individual item. Straight-line depreciation is calculated by taking the value of the asset and dividing it by the expected life Interlocal Agreement for Fire and Emergency Medical Service Operations Page 9 of 21 November 2, 2009 0 0 N 76 c 0` L 0 U �.i c E 0 a Packet Pg. 208 8.3.f span, then multiplying the expected life span by the age of the asset (value / years = yearly depreciation x age = depreciation amount). (2) The price for equipment on -board rolling stock was determined by applying five years of depreciation based on a ten-year average replacement schedule to the purchase price of individual items using fire service reference materials including Galls, Life Assist (EMS hard and soft gear), PMI (technical rescue equipment), and Heiman Fire Equipment. This equates to 50 percent depreciation to all equipment. The purchase price and depreciation of each piece of equipment or ensemble is identified in Exhibit I. 7.4 Equipment Records and Warranties. The sale of equipment includes all service and maintenance records, and shop manuals. Wherever permitted under the terms of a contract to purchase a vehicle or equipment transferred to the District or a warranty relating thereto, the City hereby transfers and assigns its interest under such warranties to the District. In the event that only the City may exercise the warranty, the City will cooperate with and use its best efforts to enforce any warranty regarding equipment provided to the District. 8. OVERSIGHT AND REPORTING 8.1 Agreement Administrators. The District Fire Chief and the City Mayor and/or their designees, shall act as administrators of this Agreement for purposes of RCW 39.34.030. During the term of this Agreement, the District Fire Chief shall provide the Mayor with quarterly reports concerning the provision of services under this Agreement. The format and topics of the reports shall be agreed upon by the District Fire Chief and the Mayor. Additionally, two District Board Commissioner members and two City Council members, along with the District Fire Chief and the Mayor, shall meet at least once per calendar year, on or before April 1, for the purpose of communicating about issues related to this Agreement. The District Fire Chief and the Mayor shall present a joint annual report to the Edmonds City Council prior to July 31. 8.2 Joint Annual Meeting. In addition to the meeting(s) referred to in Section 8.1 above, the Edmonds City Council and Board of Fire District #1 Commissioners shall meet prior to April 1 of each calendar year at a properly noticed place and time to discuss items of mutual interest related to this Agreement. 8.3 Representation on Intergovernmental Boards. The District shall represent the City on intergovernmental boards or on matters involving the provision of services under this Agreement as reasonably requested by the Mayor. The City reserves the right to represent itself in any matter in which the interests of the City and the District are not mutual or whenever any matter relates to the apprvpriatlon %f or expendeture of City f"�n�J� la„nYOnrlM the term- of this L�grPement, Interlocal Agreement for Fire and Emergency Medical Service Operations Page 10 of 21 November 2, 2009 Packet Pg. 209 8.3.f 9. EXISTING AGREEMENTS 9.1 ESCA, SNOCOM and SERS. The City currently has contractual relationships with other entities or agencies including the Emergency Services Coordinating Agency (ESCA) for all City; Snohomish County Communications Center (SNOCOM) for Fire, Police, and Public Works; and Snohomish County Emergency Radio System Agency (SERS) for Fire and Police. The City shall maintain its representation and financial obligations with those entities or agencies and will act to represent itself and retain authority to negotiate on its behalf. At the discretion of the City, the District may provide representation on behalf of the City on various committees, boards and/or commissions as requested, as appropriate, and/or as agreed to by mutual agreement of the parties. 9.2 Mutual and Automatic Aid. The City and District currently have individual responsibilities and contractual obligations under their respective agreements with other fire agencies. The District shall assume the City's contractual responsibility and obligations for the provision of mutual and automatic aid. At such time as these agreements are renegotiated and re -executed, the District will represent the City's interests and shall be signatory to the agreements on behalf of the City. 9.3 Full Information as Basis for Relationship. The City and District agree to coordinate their individual relationships with other entities and agencies so that the services under this Agreement will be provided in an efficient and cost effective manner. The City and District agree to keep each other fully informed and advised as to any changes in their respective relationships with those entities or agencies, whether or not those changes impact the City and/or the District obligations under this Agreement. Notice of any change in the relationship or obligations shall be provided to the other party in writing in a timely manner that allows a reasonable opportunity to discuss proposed changes in relationships or obligations. 9.4 Dispute Resolution. In the event that any dispute between the City and District cannot be resolved by good faith negotiations between the City and District, then the dispute resolution provision of this Agreement shall apply. 10. TERM OF AGREEMENT 10.1 20-Year Agreement. The effective date of this Agreement shall be upon its execution by the City and District. The Commencement Date of this Agreement shall be January 1, 2010. This Agreement shall continue in effect for a period of twenty (20) years from the Commencement Date, until December 31, 2030, Ur1e5S terminate -a' earlier as provided herein. After 'the initial, twenty, (71.1) dcouoir term, this Agreement shall automatically renew under the same terms and Interlocal Agreement for Fire and Emergency Medical Service Operations Page 11 of 21 November 2, 2009 a Packet Pg. 210 8.3.f conditions for successive, rolling five (5) year periods unless terminated as provided herein. 10.2 Material Breach and Wind -Up Period. In the event of a Material Breach of this Agreement, the City and District shall, unless the City and District mutually agree otherwise, continue to perform their respective obligations under this Agreement for a minimum of twelve (12) months after notice of the Material Breach (the "Wind -Up Period"); provided, however, that the Wind -Up Period shall be 90 (ninety) days if the Material Breach involves the City's failure to make the Contract Payment; provided further, that during the Wind -Up Period, the City and District shall coordinate their efforts to prepare for the transition to other methods of providing fire and EMS service to the City. The City will be responsible for all payments required herein until the conclusion of the Wind -Up Period. 11. TERMINATION AND RETURN OF ASSETS 11.1 First Five Years. The City and District acknowledge that in entering into this Agreement, significant financial and personnel resources have been expended. Therefore, neither the City nor the District may terminate this Agreement within the first five (5) years following the Commencement Date except for a Material Breach of this Agreement which the breaching party fails to cure within a reasonable amount of time after receiving written notice from the non -breaching party. The City's and the District's intent by this section is to provide both service stability to citizens and job security to employees. 11.2 Years Six Through Twenty. In addition to terminating this Agreement for a Material Breach, either party may terminate this Agreement after the first five (5) years from the Commencement Date by providing the other party with two (2) years written notice of its intent to terminate during any period of extension. Notice under this provision may only be given once five years have elapsed after the Commencement Date. 11.3 Termination Costs. The costs associated with terminating this Agreement shall be borne by the party who elects to terminate, or in the event of a Material Breach, by the breaching party, provided that in the following circumstances, the costs of termination shall be apportioned. 11.4 Termination Due to Change in Law or by Mutual Agreement. In the event that this Agreement is terminated due to a change in law, each party shall bear its own costs associated with the termination; or, in the event that the City and District mutually agree to terminate this Agreement, each party shall bear its own costs associated with the termination. '11.5 Regional Fire Psotectign Service Authorit in the event that the District, Glon^y with one or more fire protection jurisdictions, elects to create a Regional Fire Protection Service Authority Planning Committee ("RFA Planning Committee") as Interlocal Agreement for Fire and Emergency Medical Service Operations Page 12 of 21 November 2, 2009 Packet Pg. 211 8.3.f provided in RCW 52.26.030, the District agrees to notify the City of its intent and, subject to approval of the other participating jurisdictions, to afford the City an opportunity to be a participant on the RFA Planning Committee. Declining the opportunity to participate in the RFA Planning Committee shall not be construed as a material breach on the part of the City as defined in the Definitions section of this Agreement. In the even that a Regional Fire Protection Service Authority (RFA) or another legally recognized means of providing fire and emergency medical services is created, inclusive of the City and District, this Interlocal Agreement will be terminated on the effective date of such Agreement, and neither the City nor the District shall be considered to have committed a material breach as defined in the Definitions section of this Agreement. 11.6 Duty to Mitigate Costs. The City and District have an affirmative duty to mitigate their respective costs of termination, irrespective of the party who elects to terminate this Agreement and irrespective of the party who must bear the costs of termination. 11.7 Return of Assets to the City. Regardless of the reason for termination, the City and District agree that like assets purchased by and transferred to the District as part of this Agreement shall be returned to the City as described below. This provision shall not apply to the formation of a RFA in which both the City and the District are participants. 11.7.1 Purchase Back Rolling Stock. All rolling stock sold under this agreement, or equivalent apparatus and vehicles in use by the District at the time of termination shall be purchased back using the same process, methods, and conditions under which the original purchase was made unless otherwise agreed upon by the parties. 11.7.2 Purchase Back Equipment. All equipment sold under this agreement, or equivalent equipment in use by the District at the time of termination shall be purchase back using the same process, methods, and conditions under which the original purchase was made unless otherwise agreed upon by the parties. 11.7.3 Rehire Personnel. In the event of termination within the first five (5) years of this Agreement by either party for any reason, the City shall rehire the personnel laid off by the District, up to fifty-four (54) personnel transferred with no loss of compensation and accumulated benefits. Accrued vacation and sick leave banks shall be transferred to the City and the District shall pay to the City the current cash value of the leave banks as determined under the same procedures set forth in Section 5.3 of this Agreement. 11.7.4 Former District Employees. The District shall indemnify, defend and hold harmless from any and all dernanas, ciauiis, or autlunIS uy IV111reU U1QL111-II personnel, which arises out of or relate to the time that such personnel were employees of the District, PROVIDED HOWEVER, that the indemnification shall Interlocal Agreement for Fire and Emergency Medical Service Operations Page 13 of 21 November 2, 2009 Packet Pg. 212 8.3.f not apply to any claims arising as a result of the City's actions during the term of the Agreement. 12. DECLINE TO MERGE 12.1 City Declines to Merge. In the event that the District enters into an agreement with any other fire district that is substantially equivalent to a merger, the City may decline to be included, and elect to end the Agreement without prejudice or penalty. The terms and conditions of that termination include written notice provided in accordance with the provisions of Section 19.1 to the District of the intent to end the Agreement not more than 90 days after receiving written notification provided in accordance with the provisions of Section 19.1 from the District that the District intends to merge with another entity. 12.1.1 Not a Material Breach. The City decision to not merge does not constitute a Material Breach of the Agreement and none of the penalties associated with a Material Breach shall apply to the City. 12.1.2 12-Month Notice. The Agreement will end not more than 12 months after the City officially notifies the District that it declines to be merged, unless otherwise agreed to by the parties, and the costs of termination shall be split evenly between the parties. 12.1.3 City Exit from Agreement. If the City elects to terminate the Agreement because of an impending merger between the District and one or more other jurisdiction, the City exit will be under the terms and conditions described in Section 11.7. 13. CITY FIRE DONATION FUND 13.1 Disposition of Fire Donation Funds. Effective on the Commencement Date of this Agreement, the amount of funds in the Fire Department Donation Fund on December 31, 2009 shall be forwarded to the District 1 to acquire fire and life safety tools and equipment not otherwise affordable through the regular budget process. Tools and equipment subsequently acquired with Donation Fund monies by the District will be assigned to Edmonds Fire Stations and apparatus but shall be used without restriction throughout the District service area. 14. TOWN OF WOODWAY 14.1 No Impact on this Agreement. The provision of fire and emergency medical services to the Town of Woodway by the District has no organizational or financial impact on the Agreement between the City and the District or the terms and conditions of said Agreement. Interlocal Agreement for Fire and Emergency Medical Service Operations Page 14 of 21 November 2, 2009 Packet Pg. 213 8.3.f 15. CITY CIVIL SERVICE COMMISSION 15.1 Civil Service Commission Notification. The City acknowledges that the City of Edmonds Civil Service Commission has been officially advised of the terms and conditions of this Agreement. 16. CITY AND DISTRICT ARE INDEPENDENT MUNICIPAL GOVERNMENTS 16.1 Independent Governments. The City and District recognize and agree that the City and District are independent governments. Except for the specific terms herein, nothing herein shall be construed to limit the discretion of the governing bodies of each party. Specifically and without limiting the foregoing, the District shall have the sole discretion and the obligation to determine the exact method by which the services are provided within the District and within the City unless otherwise stipulated within this Agreement. 16.2 Resource Assignments. The District shall assign the resources available to it without regard to internal political boundaries, but rather based upon the operational judgment of the District as exercised within the limitations and obligations of Sections 2.4 through 2.8. 16.3 Debts and Obligations. Neither the City nor District, except as expressly set forth herein or as required by law, shall be liable for any debts or obligations of the other. 17. INSURANCE 17.1 Maintenance of Insurance. For the duration of this Agreement, each Party shall maintain insurance as follows: Each party shall maintain its own insurance policy insuring damage to its own fire stations, real and personal property and equipment if any, and "policy" shall be understood to include insurance pooling arrangements or compacts such as the Washington Cities Insurance Authority (WCIA). The City shall maintain an insurance policy insuring against liability for accidents occurring on City owned property. Such insurance policy shall be in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than $5,000. The District shall maintain an insurance policy insuring against liability arising out of work or operations performed by the District under this Agreement in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than $5,000. The phrases "work or operations and "maintenance and operations" shall include the services identified in Section 1. Scope of Services, the services of the Fire Marshal and the District's Fire Chief, acting in the capacity of City Fire Chief and any obligation covered by Exhibit B, Section 9. 17.2 Claims of Former City Employees. The City has provided proof of coverage that it has maintained insurance against claims by former City Personnel for incidents Interlocal Agreement for Fire and Emergency Medical Service Operations Page 15 of 21 November 2, 2009 a Packet Pg. 214 8.3.f and occurrences which may have occurred prior to the Commencement Date of the Interlocal Agreement, including but not limited to, injuries, employment claims, labor grievances, and other work -related claims. Such insurance was at all times in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than $5,000. The City will hold harmless the District and its insurance provider for any such claims, lawsuits or accusations that occurred prior to the Commencement Date of the Interlocal Agreement, 17.3 Claims of Former District Employees, The District represents and warrants that it has maintained insurance against claims by District employees for incidents and occurrences which may have occurred during the time period prior to the Commencement Date of the Agreement, including but not limited to injuries, employment claims, labor grievances, and other work -related claims. Such insurance was at all times in an amount not less than one million dollars ($1,000,000.00) per occurrence with a deductible of not more than $5,000. 17.4 Hold Harmless. To the extent each party's insurance coverage is not voided, each party agrees to defend and hold harmless the other party, its officers, officials, employees and volunteers from any and all claims, costs, including reasonable attorneys' and expert witness fees, losses and judgments arising out of the negligent and intentional acts or omissions of such party's officers, officials, employees and volunteers in connection with the performance of this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement. 17.5 Release from Claims. Except as specifically provided in this Agreement, and except in the event of breach of this Agreement, the District and the City do hereby forever release each other from any claims, demands, damages or causes of action related to damage to equipment or property owned by the City or District or assumed under this Agreement. It is the intent of the City and District to cover this risk with the insurance noted above. 18. DISPUTE RESOLUTION 18.1 Mediation. It is the intent of the City and District to resolve all disputes between them without litigation. Excluded from mediation are issues related to the legislative authority of the Edmonds City Council to make budget and appropriation decisions, decisions to contract, or establish levels of service under Section 2.4 of this Agreement and Chapter 35.103 RCW. Policy decisions of the City Council shall not be subject to review by a mediator; however, this shall not abridge the right of the District to pursue an increase in the Annual Contract Payment as a result of such decision. The City and District shall mutually agree upon a mediator. Any expenses incidental to mediation, including the mediator's fee, shall be borne equally by the City and District. If the City and District cannot agree upon a mediator, the City and District shall submit the matter to the Interlocal Agreement for Fire and Emergency Medical Service Operations Page 16 of 21 November 2, 2009 Packet Pg. 215 8.3.f Judicial Arbitration and Mediation Service (JAMS) and request that a mediator be appointed. This requirement to mediate the dispute may only be waived by mutual written agreement before a party may proceed to litigation as provided within this agreement. 18.2 Binding Arbitration. If the City and District are unsuccessful in renegotiating the Contract Payment after having completed mediation, the City and District shall submit the matter to binding arbitration with the foregoing arbitration service. Excluded from binding arbitration are issues related to the legislative authority of the Edmonds City Council to make budget and appropriation decisions, decisions to contract, or establish levels of service under Section 2.4 of this Agreement and Chapter 35.103 RCW. Policy decisions of the City Council shall not be subject to review by an arbitrator; however, this shall not abridge the right of the District to pursue an increase in the Annual Contract Payment as a result of such decision. The arbitration shall be conducted according to the selected arbitration service's Streamlined Arbitration Rules and Procedures. At this arbitration, the arbitrator shall, as nearly as possible, apply the analysis used in this agreement and supporting Exhibits to adjust the Contract Payment. The arbitrator may deviate from such analysis and use principles of fairness and equity, but should do so sparingly. Unless the City and District mutually consent, the results of any binding arbitration session shall not be deemed to be precedent for any subsequent mediations or arbitrations. 18.3 Prevailing Party. In the event either party herein finds it necessary to bring an action against the other party to enforce any of the terms, covenants or conditions hereof or any instrument executed pursuant to this Agreement by reason of any breach or default hereunder or there under, the party prevailing in any such action or proceeding shall be paid all costs and attorneys' fees incurred by the other party, and in the event any judgment is secured by such prevailing party, all such costs and attorneys' fees of collection shall be included in any such judgment. Jurisdiction and venue for this Agreement lies exclusively in Snohomish County, Washington. 19. MISCELLANEOUS PROVISIONS 19.1 Noticing Procedures. All notices, demands, requests, consents and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by nationally recognized overnight delivery service, or if mailed or deposited in the United States mail, sent by registered or certified mail, return receipt requested and postage prepaid to: District Secretary: City Clerk: Snohomish County Fire Protection District No. 1 City of Edmonds 12425 Meridian Avenue 121 5th Avenue North Interlocal Agreement for Fire and Emergency Medical Service Operations Page 17 of 21 November 2, 2009 Packet Pg. 216 8.3.f Everett, WA 98208 Edmonds, WA 98020 Or, to such other address as the foregoing City and District hereto may from time -to -time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. 19.2 Other Cooperative Agreements. Nothing in this Agreement shall preclude the City and the District from entering into contracts for service in support of this Agreement. 19.3 Public Duty Doctrine. This Agreement shall not be construed to provide any benefits to any third parties. Specifically, and without limiting the foregoing, this Agreement shall not create or be construed as creating an exception to the Public Duty Doctrine. The City and District shall cooperate in good faith and execute such documents as necessary to effectuate the purposes and intent of this Agreement. 19.4 Entire Agreement. This entire agreement between the City and District hereto is contained in this Agreement and exhibits hereto; and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this transaction. This Agreement may be amended only by written instrument executed by the City and District subsequent to the date hereof. Dated this 3 day of ovc-,1k, 2009 SNOHOMISH C❑ N' By: Com ' sio r By: Commissioner By: Commissioner FIRE PROTECTION DISTRICT N Commissioner l� Commissioner Attest: District Secretary ... :: FLWjW1 .S■ ply q Interlocal Agreement for Fire and Emergency Medical Service Operations Page 18 of 21 November 2, 2009 a Packet Pg. 217 8.3.f CITY OF E MONDS By: 4��Z� City Mayor Approved a t )5� By: City Attar Attest--,,G• 'd. City Clerk Interlocal Agreement for Fire and Emergency Medical Service Operations Page 19 of 21 November 2, 2009 Packet Pg. 218 8.3.f Definitions The following definitions shall apply throughout this Agreement. a. Cam: City of Edmonds. b. City Fire Chief: The Fire Chief of the City of Edmonds C. City Fire Department: The Edmonds Fire Department. d. City Fire Stations: Currently, Fire Station 16, Fire Station 17, and Fire Station 20. e. Commencement Date: The date at which the performance and obligations of the City and District as contained herein begin. City Personnel: The employees of the City of Edmonds Fire Department as of the Commencement Date who are transferring employment to the District. g. Contract Payment: The annual amount that the City will pay to the District pursuant to this Agreement. h. District: Snohomish County Fire Protection District No. 1. Effective Date: The date this Agreement is executed by the City and District. District Fire Chief: The Fire Chief of Snohomish County Fire Protection District No. 1. k. Firefighter/EMS Personnel: Full-time, compensated employees, firefighters, emergency medical technicians, or paramedics Grid Cards: The electronic file within the Computer Aided Dispatch (CAD) System, which is used to determine fire station response order for Fire District 1. M. Insurance: The term "insurance" as used in this agreement means either valid insurance offered and sold by a commercial insurance company or carrier approved to do business in the State of Washington by the Washington State Insurance Commissioner or valid self-insurance through a self-insurance pooling organization approved for operation in the State of Washington by the Washington State Risk Manager or any combination of valid commercial insurance and self-insurance pooling if both are approved for sale and/or operation in the State of Washington. Interlocal Agreement for Fire and Emergency Medical Service Operations Page 20 of 21 November 2, 2009 Packet Pg. 219 8.3.f n. Material Breach: A Material Breach means: the District's failure to provide minimum staffing levels as described within this Agreement; the City's failure to timely pay the Contract Payment as described within this Agreement, or the City's or District's failure to comply within this Agreement concerning the City's fire stations, equipment and/or apparatus. o. Wind -Up Period: The 12 months immediately following formal notification of a Material Breach by either party except as defined in Section 10.2. Interlocal Agreement for Fire and Emergency Medical Service Operations Page 21 of 21 November 2, 2009 Q Packet Pg. 220 8.3.g CORRECTED 12-15-09 EDMONDS CITY COUNCIL APPROVED MINUTES November 2, 2009 At 6:30 p.m., Mayor Haakenson announced that the City Council would be meeting in executive session to receive legal advice regarding pending or threatened litigation. He stated that the executive session was scheduled to last approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Haakenson, Councilmembers Orvis, Wambolt, Plunkett, Bernheim, Peterson. Olson and Wilson. Others present were City Attorney Scott Snyder, Attorney Stephanie Croll, and City Clerk Sandy Chase. At 7:00 p.m., Mayor Haakenson announced to the public that an additional 15 minutes would be needed in executive session. At 7:15 p.m., Mayor Haakenson again announced to the public that an additional 15 minutes would be needed in executive session. The executive session concluded at 7:25 p.m. The regular Edmonds City Council meeting was called to order at 7:29 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor D. J. Wilson, Council President Michael Plunkett, Councilmember Peggy Pritchard Olson, Councilmember Steve Bernheim, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember Strom Peterson, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Mark Correira, Assistant Fire Chief Al Compaan, Police Chief Stephen Clifton, Community Services/Economic Development Director Noel Miller, Public Works Director Lorenzo Hines, Finance Director Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, TO APPROVE THE AGENDA, REMOVING ITEM 9 FROM THE AGENDA. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 27, 2009. C. APPROVAL OF CLAIM CHECKS #114982 THROUGH #115132 DATED OCTOBER 29, 2009 FOR $518,862.77. Edmonds City Council Approved Minutes November 2, 2009 Page 1 Packet Pg. 221 8.3.g CORRECTED 12-15-09 To those who may question why Community Transit was implementing Swift when they were facing challenges to their capital and operating budget, she explained Swift was underway before the budget crisis occurred. Over half of Swift's capital funding came from other sources including federal, state and local and via a partnership with Everett. A series of grants, partnership funds and fare revenues will pay approximately 90% of Swift's operating costs through 2012. She explained Swift is Community Transit's future; not only a major transit improvement on Highway 99, Community Transit's busiest corridor, this higher frequency service is what they intend to bring to Snohomish County's other congested corridors via a network of Swift lines in the future. Council President Wilson commented he found it an honor to be appointed to the Community Transit Board and regretted that time devoted to the City's budget and his day job had affected his ability to participate. 4. PUBLIC HEARING ON FIRE DISTRICT 1 CONTRACT, OPTION 4. IN ADDITION TO CONTRACTING FOR SERVICES WITH FIRE DISTRICT 1, THIS OPTION INCLUDES SELLING APPARATUS (ENGINES, AID CARS, AND EQUIPMENT), AND KEEPING FIRE STATIONS, LAND AND TRANSPORT FEES. Mayor Haakenson suggested staff respond to questions submitted yesterday and today by a Councilmember and a citizen. Councilmember Bernheim asked why response times were identified in minutes and seconds in Edmonds' contract with Fire District 1 for fire service to Esperance but in the proposed contract for fire service, Fire District 1 was required only to maintain the current level of service. Fire Chief Tom Tomberg answered the Esperance contract was between the City and Fire District 1 for the City of Edmonds Fire Department to provide fire service to Esperance, an unincorporated area in Fire District 1. Under the proposed contract, Fire District 1 would provide fire service to Edmonds. The standards referred to by Councilmember Bernheim addressed how the City provided service to Esperance under four levels of service. The proposed contract with Fire District 1 references RCW 35.103, codification of Senate House Bill 1756, that requires Fire Departments in the State of Washington to adopt standards of response. The Edmonds City Council adopted the 11 standards in RCW 35.103 in November 2006. Staff has provided three reports to the Council regarding the Fire Department's performance in meeting those standards. He summarized RCW 35.103 was referenced in Section 2.4, 2.5 and 2.8 and the contract actually referenced 11 standards. Mr. Snyder commented this had been a subject of some negotiation between Fire District 1 counsel and himself. One of the main reasons this contract was different was because the State statute was adopted after the Esperance contract was approved and prior to the date the proposed contract was drafted. His intent was to ensure the Council would retain its ability to set the standards and not be locked in by contract. For example, if the Council wanted to amend the standards by increasing or decreasing levels of service, the Council would have that right independent of the contract. Fire District 1 wanted the ability to recover the cost if additional staffing was required to meet the amended response time. Councilmember Bernheim questioned whether requiring Fire District 1 to meet current levels of service was too vague and whether the 11 response time standards should be stated instead. Mr. Snyder reiterated his intent for the Council to retain the legislative discretion to amend the standards as they wished rather than establish them as a contract term that would be subject to renegotiation. Councilmember Bernheim pointed out the response times referred to current levels of service and he questioned what the current levels of service were. Mr. Snyder responded they were the levels the Council had adopted as the City's service standards. Edmonds City Council Approved Minutes November 2, 2009 Page 3 Packet Pg. 222 8.3.g CORRECTED 12-15-09 Councilmember Orvis commented that in addition to specifying levels of service, deployment was also identified as three firefighters at each fire station, a battalion chief and two dedicated medics. Chief Tomberg agreed. Staff responded to the following questions posed via email from George Murray: 1. Litigation — If there should be some law suits in relation to fire operations, who is responsible? Is the town of Edmonds liable and in what ways? I remember the litigation after the warehouse fire in Seattle when several firemen lost their lives and their families sued Seattle. Chief Tomberg responded the employer would be responsible in the event of litigation; the firefighters' employer would be Fire District 1 under the proposed contract. Items 16, 17 and 18 on page 15 and 16 of the Interlocal Agreement states the City and District are independent municipal governments, and addresses insurance and dispute resolution. Mr. Snyder explained claims by former City employees relating to actions taken while the individuals were City employees were the City's responsibility; once transferred, employees' claims would be defended by the entity that employed them. If the contract were terminated and the employees transferred back, the City would be responsible for claims after they transferred back and Fire District 1 would indemnify the City from claims made prior to that date. He summarized the entity employing and directing the employee was responsible for liability. 2. Personnel — Why does the city need a fire marshal and a fire inspector when the Fire District is taking on responsibility for fire service? Do towns in the Fire District have these two positions on their town staffs? (e.g. MLT & Brier) Are they essential? Chief Tomberg responded Fire Marshal responsibilities in the unincorporated area of Snohomish County were the responsibility of the Snohomish County Fire Marshal's office, not Fire District 1. If Fire District 1 did not serve cities under contracts for service such as Brier and Mountlake Terrace, it would not have a Fire Marshal. Fire District 1 has a Fire Marshal to serve Mountlake Terrace and Brier because like Edmonds, they were served by a Fire Marshal before they joined the District and cities require fire marshal services. Mountlake Terrace and Brier pay Fire District 1 for fire marshal services. In the Fire District l/Edmonds Interlocal Agreement, Edmonds pays via the contract for a 3/4 time Fire Marshal and a full-time Fire Inspector. Currently the City pays for two full-time positions. 3. Contract — (See attached numbers) Are the numbers shown for the "Contract" projections for "Option 4" the ones which will be billed to Edmonds? The attached numbers were taken from a page given me entitled, "Fire District I Contract Proposal — City Operational Savings ", lines named Fire Budget and Fire Contract. Finance Director Lorenzo Hines responded the amounts listed in the spreadsheet Option 1 v Option 4 are the amounts that are projected to be the contract payment to Fire District 1 that will be billed to Edmonds. 4. Uneven growth rates. The attached numbers grow at different growth rates (see attachment). I had thought the expense growth rates would be the same over the years. Why are they different? Mr. Hines responded the analysis compared 2007 actuals to the 2008 budget. With regard to expense growth rates being the same over the years, Mr. Hines responded growth rates would be generally the same but rarely were they the same year-to-year. For example growth in the Edmonds Fire Department budget was projected to be 3.15% in 2011, 3.87% in 2012, and 3.93% in 2013. Councilmember Bernheim commented lower growth rates were projected under the proposed contract than for the Edmonds Fire Department. Mr. Hines answered the contract was based on salaries, overtime and benefits; the City's Fire Department budget was composed of many other variables in addition to labor such as uniforms, protective clothing, supplies, small equipment, professional Edmonds City Council Approved Minutes November 2, 2009 Page 4 Packet Pg. 223 8.3.g CORRECTED 12-15-09 services, communication, travel, rental and lease, rental and maintenance, etc. Councilmember Bernheim pointed out in the proposed contract both overhead and equipment were pegged to labor increases per Exhibit C. Mr. Hines pointed out another variable was Fire District 1's actions to keep the price down; Fire District 1 may be artificially reducing the price to get the City's business. 5. Annexation — What are the criteria for establishing and changes in billing if annexations occur? I understand Edmonds has had over 60 and there is one underway now. Chief Tomberg responded annexations were addressed in Section 4.6 on page 5 of the Interlocal Agreement. Mr. Snyder explained if property was annexed by the City, the cost of the contract would be recalculated based on the additional population. 6. Deannexation — How will reductions be treated? Chief Tomberg was unclear how deannexation would occur. 7. Technology — Every 5 years it's a new world in Technology. This can be a savings and/or expensive. Today Edmonds deals with it in consultation with other fire departments How will this be handled in future? Chief Tomberg answered technology would continue to be addressed with other Fire Departments and in Snohomish County as it is today. The Fire Department participates in many coordinated technology efforts including the SnoCom CAD system, the records management system, patient care reporting, radio purchases, etc. via SERS, SnoCom and ESCA. Mayor Haakenson opened the public participation portion of the public hearing. Al Rutledge, Edmonds, commented most citizens felt this should be decided via a public vote. He expressed concern with the participation of some Councilmembers, questioning whether they were parties of interest. He commented on an area that was interested in annexing to Mountlake Terrace. Hearing no further comment, Mayor Haakenson closed the public hearing. 5. CITY COUNCIL DISCUSSION AND POTENTIAL ACTION ON THE FIRE DISTRICT 1 CONTRACT, OPTION 4. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, FOR APPROVAL OF OPTION 4 (CONTRACTING FOR SERVICES WITH FIRE DISTRICT 1, SELLING APPARATUS [ENGINES, AID CARS, AND EQUIPMENT], AND KEEPING FIRE STATIONS, LAND AND TRANSPORT FEES, AND SIGNING THE CONTRACT WITH FIRE DISTRICT 1. Councilmember Orvis commented the initial proposal was to sell the land and via discussion the Council decided although contracting with Fire District 1 was a good idea, selling the land was not. He clarified under Option 4 the City retained the land and fire stations, sold the apparatus and contracted for fire service personnel with Fire District 1. He was satisfied the service levels were guaranteed because deployment was identified in the contract and in addition to meeting the City's service requirements, fire stations must continue to be staffed in the manner they are today. The savings in 2010 will be over $900,000. He was impressed with the improvements in service such as fewer holes in service due to fire training, overhead that was service -related rather than administrative -related, the availability of CPR classes and car seat checks, and the availability of a public liaison officer. With regard to increasing costs, he felt the proposed contract had more restrictions on cost control than the City's own Fire Department. He summarized the cost of fire service would increase regardless of whether the City had its own Fire Department or contracted with Fire District 1. Edmonds City Council Approved Minutes November 2, 2009 Page 5 Packet Pg. 224 8.3.g CORRECTED 12-15-09 Mayor Haakenson clarified the contract, if approved, would be effective January 1, 2010. Councilmember Peterson echoed Councilmember Orvis' comments, noting Edmonds was taking an important step in regionalization. Edmonds was part of a larger community with regard to public safety and other services. The contract would provide better service to the community and save the City money as well as allow the City to work more closely with neighboring cities and jurisdictions on important issues. Councilmember Olson's aid read a statement from Councilmember Olson that stated she was voting for Option 4 because it made the most sense after listening to all the experts. This seemed like a great opportunity for the City. Councilmember Wambolt commented he had been involved in the Fire District 1 discussions since they began in May including meetings with Fire District 1, City staff, the Firefighters Union as well as several discussions and public hearings at the City Council. He also spent a considerable amount of time analyzing the numbers on his own. The questions he has raised since May have been satisfactorily answered. He expressed support for Option 4 for two primary reasons; first it will reduce the City's deficit over the next 7 year planning period by $10 million. Under Option 1 expenses will exceed revenues by $21.1 million over 7 years; under Option 4 expenses will exceed revenues by only $10.4 million or $10.7 million less. The City's budget will still be in deficit and a levy lid lift will be required in 2010. Second, service levels will be maintained and he believed gradually enhanced over the coming years because firefighters would be better trained and morale would improve. He pointed out the compound annual growth rate of expenses over the 7 year period under Option 1 was 4.08% versus 3.86% with Option 4. Council President Wilson commented he would support the motion. He commented the service level issue was not compelling enough; the primary increase was eliminating holes in service due to training. With regard to the financial benefit, he acknowledged the numbers pointed in a positive direction, noting the numbers had varied over the past several months and he was hopeful the recent numbers were accurate. The primary reason he supported the contract for service was to increase the morale of the Fire Department employees. This was also an opportunity to place fire service on stable footing; in the future any budgets cuts would be made to parks or police or a levy would be necessary. He concluded this was not his ideal situation; he preferred to consider either a Fire District or reverse annex into Fire District 1. He was hopeful the City did not regret this decision in 10 years. Councilmember Bernheim commented there had been a lot of questions asked and answered, it had been a great process and he was satisfied everyone was reaching a well -considered decision. He was confident the level of service for residents would remain the same, a top priority even above the morale of the Fire Department employees. With regard to regionalization, he was not convinced about the importance of regionalization; he felt the City had an obligation to provide fire and police services. He expressed concern that citizens lost complete voting power over the Fire District 1, a philosophical issue that had not been adequately addressed. The City's fire service was being turned over to a contractor and voters in the unincorporated areas of Snohomish County would elect Commissioners that would interpret the contract. Councilmember Bernheim acknowledged fire service cost a great deal and annual increases have been substantial. He pointed out much of the City's fiscal crisis was because tax income had not kept pace with the cost of providing fire service. He preferred to keep the fire service in-house and continue to manage it. He pointed out the firefighters union's primary reason for supporting the contract with Fire District 1 was to stabilize funding. He noted the contract pegs overhead, equipment maintenance and purchase of new equipment to labor costs which he feared would increase more than it would otherwise. Edmonds City Council Approved Minutes November 2, 2009 Page 6 Packet Pg. 225 8.3.g CORRECTED 12-15-09 He expressed concern that Fire District 1 may be artificially holding the price down, comparing it to the FIOS offer of $29.95 for six months which obligated consumers without a guarantee regarding future prices. He feared the City would be in dire straits in 10 years, worrying how to pay for the fire service because the cost of the contract had increased. Councilmember Bernheim concluded this issue originated due to the fiscal crisis and as an alternative to the levy, not the need to improve the City's fire service. In his view the City was giving up control of its fire service, a fundamental city responsibility to a Fire District whose Commissioners were elected by voters outside the City without any guarantee of price control and it was only a stop gap measure. VOTE ON THE MOTION: MOTION CARRIED (6-1), COUNCILMEMBER BERNHEIM VOTING NO. Tim Hoover, President, Edmonds Firefighters Local 1828, applauded the Council for vetting this issue well. He commented regionalizing fire service had been 20 years in the making, an effort that had been halted at the political level in the past. He commended the Council for putting politics aside, considering the issue, doing their due diligence and reaching a decision. To the Edmonds citizens, Mr. Hoover commented they did not take the Fire Department's 105 year history lighting. He expressed the Fire Department's appreciation for the citizens' support over those 105 years. He thanked everyone who provided public comment and looked forward to serving the community as a regional Fire Department for the next 105 years. 6. REPORT TO WASHINGTON CONSORTIUM REGARDING THE TRANSFER OF CONTROL OF VERIZON NORTHWEST INC. TO FRONTIER COMMUNICATION CORPORATION — WORKSHOP. Community Services/Economic Development Director Stephen Clifton explained tonight's meeting was one of two scheduled meetings regarding the transfer of control from Verizon Northwest Inc. to Frontier Communications Corporation. Tonight's public workshop was an opportunity for the Council to ask questions and learn about the proposed franchise transfer. On November 2 the public will have an opportunity to speak and the City Council will have an opportunity to take action. He introduced Verizon representatives Raymond Deed, Doug Steading, and Milt Gomad and Frontier Communications Chairman Ann Burr. Mr. Clifton reviewed the history of the transfer: • In August, 2008 - City authorized and granted a Franchise Agreement to Verizon Northwest Inc. • May 13, 2009 - Verizon announced plans to divest its local wireline communications system to Frontier Communications Corporation. • May 19, 2009 - City received a Request for Transfer of Control (Verizon to Frontier). • Set in motion certain federal requirements and deadlines: o City (Franchise Authority) has 30 days in which to review Form 394 to determine whether all necessary information has been provided and is complete. o City Council has 120 days to take action on request. o Determine if the Transferee is legally, technically, and financially capable to operate a Franchise. Next he reviewed transfer request actions: • June, 2009 — A Multi -Jurisdictional Consortium was formed. o Share in legal and technical expertise to analyze transfer of the franchise. Edmonds City Council Approved Minutes November 2, 2009 Page 7 Packet Pg. 226 8.3.h City Council Agenda Item Meeting Date: 01/24/2017 Fire District 1 Interlocal Agreement (45 min.) Staff Lead: Jeff Taraday, City Attorney Department: Administrative Services Preparer: Scott Passey Background/History The City of Edmonds had its own fire department for approximately 105 years when the city council voted on November 2, 2009 to enter into a long-term interlocal agreement (ILA) with Snohomish County Fire District 1 (FD1) to provide fire and emergency medical services to the city. A copy of the ILA is attached to this memo as Attachment D. FD1 began providing that service on January 1, 2010. The Woodway Issue: For the first four years of the contract (2010-2013), FD1 also provided fire and EMS service to Woodway under a contract. The ILA between FD1 and Edmonds allocated the cost responsibilities for staffing fire stations 16, 17, and 20 (the Edmonds stations) as follows: Edmonds = 77.79% FD1 (because Esperance is within FD1's taxing district) = 13.08% Woodway = 9.13% Woodway, however, was not a party to the City's contract with FD1. So, the Woodway portion of the above cost allocation might have been more of an assumption or aspiration than a reality. On January 1, 2014, Woodway stopped contracting with FD1 and began contracting with the Shoreline Fire District. Woodway's switch to Shoreline created the prospect of a long-term financial deficit for the fire district's operation of the Edmonds stations. That condition persists today, almost three years after Woodway terminated its relationship with FD1. If the present staffing levels were to be continued into 2017, Woodway's missing share of the cost of operating the Edmonds stations would be $706,266 in 2017 alone. Woodway's absence did not result in any layoffs or cost reductions. And Edmonds continued to pay 77.79% as it had originally agreed to pay. This left the fire district responsible for 22.21% of the cost of operating the Edmonds stations. On July 22, 2016, the fire district board adopted by motion a policy "to seek through negotiation of the cost associated with the operations of all contract city fire stations." The district cannot unilaterally change the 77.79% allocation of the costs to Edmonds. But we interpret the board's motion to indicate that the current arrangement is not sustainable and that the ILA would likely be terminated if the City refused to negotiate a different cost allocation. The district is willing to allocate all of the tax revenue that it collects from Esperance ($1,117,150 in 2017) to the operation of the Edmonds stations. If Edmonds takes responsibility for the remainder while also adopting the proposed service changes, Edmonds' allocation of the cost of operating the Edmonds stations would 83.06%. If Edmonds takes responsibility for the remainder but does not make any changes to the service, Edmonds' allocation of the cost of operating the Edmonds stations would be 85.55%. Packet Pg. 227 8.3.h The Retroactive Invoice Issue: In August of 2014, having recently executed a collective bargaining agreement with the firefighters union, IAFF local 1828, the District sent the City of Edmonds a $1.67 million invoice for retroactive labor costs under the new CBA. The invoice was retroactive to January 1, 2013. The invoice caused some controversy. And that controversy caused the City to take a close look at its ILA with FD1. The city council ultimate agreed to pay the invoice on January 27, 2015. Fitch & Associates Analysis: As part of its effort to thoroughly analyze the FD1 ILA, the City engaged Fitch & Associates to review the service provided by the District and suggest area where the City might want to make changes. Steve Knight from Fitch & Associates made a presentation to the city council on February 23, 2016. The presentation and discussion lasted for about 50 minutes. Fitch & Associates also prepared an executive summary and data report which were completed in April 2016. Among various recommendations, Fitch analyzed the status quo as well as several options that the City could consider in determining whether to make changes to the status quo. On December 13, 2016, the City Council selected Alternative 2 as the basis to finalize negotiations with the District. Alternative 2 0 3 firefighters at each station; 0 1 paramedic at each station (1 of the 3 firefighters) § Total paramedics on duty citywide = 3 Terms of the Proposed ILA: Alternative 2 has several advantages over the other alternatives including the status quo. Alternative 2 employs more paramedics than any of the other alternatives, including the status quo. It also distributes them geographically throughout the city by assigning one paramedic to each station instead of having all the paramedics operate out of station 17. This should allow at least one paramedic to respond more quickly to 911 calls by reducing travel time to the incident. Alternative 2 also saves the city a significant amount of money compared to the status quo. The 2017 cost of Alternative 2 is $7,427,818. The status quo would cost an additional $1,361,275. Key Deal Points of the ILA: In addition to the staffing mix discussed above, we have highlighted below, several deal points that we find significant about the proposed ILA. The complete ILA is set forth in Attachment A. Note that the language of the ILA is still being refined and none of these deals points should be considered approved by either party at this point. Woodway (see Section 14): Because the city is essentially being asked to absorb the 9.13% that the parties had hoped would be paid by Woodway, the district is agreeing to allow the city to subcontract the district's services to Woodway in hopes of the city being able to recoup some of that lost revenue at some point in the future. Negotiation Thresholds (see Section 2.2.1): It is anticipated that call volume will eventually increase to the point where it may become necessary to add service or make other changes. For that reason, the parties have agreed upon three metrics that the parties will monitor on an ongoing basis, any one of which would trigger a new round of negotiations when the metric exceeds the threshold set forth in the agreement. The metrics have been named Unit Utilization Factor (UUF); Neighboring Unit Utilization Factor (NUUF); and Transport Balance Factor (TBF). Each of these is defined in Exhibit E of the ILA with a mathematical calculation. Esperance Offset (see Sections 4.5, 4.6, and definitions): The parties were not able to identify the source or methodology behind the 13.08% cost share that was allocated to FD1 for service of Esperance. Instead of continuing to use what now seems like an arbitrary percentage, the ILA Packet Pg. 228 8.3.h contemplates simply that all the FD1 tax revenue from Esperance would be allocated to offset the cost to Edmonds of operating the Edmonds stations. City Retains Authority to Set Level of Service In Most Circumstances (see Sections 2.2.2 through 2.2.4 : Language has been added to clarify that the City retains the legislative discretion to establish the level of service for Edmonds in most circumstances. Turnout Time (see Section 2.4.1): The City will continue to pursue improvements in turnout time. While the District does not commit to making improvements in turnout time, it does commit to understanding what prevents it from making improvements. Retroactive Invoices (see Section 4.2.2): The City will receive timely invoices even in years for which the CBA has not yet been finalized, in which case the invoices will set forth reliable estimates of the eventual Contract Payment. This will allow the City to set money aside and plan for the forthcoming retroactive invoices. Staff Recommendation We recommend that the City Council authorize the Mayor to execute the proposed ILA. Attachments: Revised and Restated ILA 120116 Cross Staffed ILA redlined against 2016-12-02 COE FD1 ILA 2009 Packet Pg. 229 8.3.i EDMONDS CITY COUNCIL APPROVED MINUTES January 24, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Thomas Mesaros, Council President Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Kristiana Johnson, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Shane Hope, Development Services Director Scott James, Finance Director Mary Ann Hardie, HR Director Frances Chapin, Arts & Culture Program Mgr Rob English, City Engineer Kernen Lien, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Andrew Pierce, Legislative/Council Assistant Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5"' Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Councilmember Johnson. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED COUNCILMEMBER BUCKSHNIS, TO EXCUSE COUNCILMEMBER JOHNSON. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JANUARY 17, 2017 2. APPROVAL OF COUNCIL MEETING MINUTES OF JANUARY 17, 2017 Edmonds City Council Approved Minutes January 24, 2017 Page 1 Packet Pg. 230 8.3.i Harbor Square. Another of the students' recommendations was tree box filters including recommended locations. Tree box filters are helpful because they are underground, do not disturb the sidewalks and allow water to go into the soil and roots and be filtered before entering the stormwater system. Another recommendation was a large bioswale by Highway 104 and porous pavement as well as native plant revegetation. Earth Corp is already doing some revegetation around the marsh. She encouraged anyone with information about incentives, grants or rebates that would be helpful in getting this done at Harbor Square to contact SOM. 6. ACTION ITEM 1. FIRE DISTRICT 1 INTERLOCAL AGREEMENT City Attorney Jeff Taraday explained the Interlocal Agreement with FD1 is coming to Council for consideration and action. He reviewed information provided in the Council packet: Attachment A: Clean proposed version of Interlocal Agreement Attachment B: Station Costing Model (revised today) Attachment C: Redlined version of Interlocal Agreement showing changes made since 12/02/16 Attachment D: Existing Interlocal Agreement He highlighted significant revisions made since the Council last reviewed the Interlocal Agreement: • Station Costing Model (Attachment C): Revised to reflect 2017 Esperance assessed value • Three formulas, 1) Unit Utilization factor, 2) Neighboring Unit Utilization factor and 3) Transport Balance Factor, which are assessed periodically to determine whether to renegotiate the Interlocal Agreement, were moved to Exhibit E. o If formulas need to be revised in the future; easier to revise if in an exhibit • Section 2.2.1: Added a negotiation threshold, Esperance Offset drops by 10% or more over any consecutive three-year period. o District's revenue significantly affected by assessed valuation; significant drop in assessed value results in reduced revenue. In times of significant drops in AV, District may need to lay off staff (usually administrative staff). • Sections 2.2.3 and 2.2.4: most difficult pieces of entire agreement; address what happens when a reopener occurs o The District proposes mitigation factors and the City proposes mitigating factors/changes and if the parties do not reach agreement, the City gets to select the remedial measure. ■ Selection is subject to mediation if the District is unhappy with the City's selection but not arbitration. Arbitrator could not force a particular level of service - Exceptions: 1) If parties agree on remedial measure but not on the cost, the cost of the remedial measure can be subject to arbitration 2) If the District does not like the City's selection, in an extreme case, the District could terminate the contract. If that happens, triggers a 2-year wind up period. During 2-year wind-up period, the District would be able to choose the remedial measure and the parties would share the incremental cost of the remedial measure. Unlikely to reach that point, more likely would agree on remedial measure. Section 2.3: The Council requested language prohibiting 72 hour shifts in Edmonds. FD1's labor lawyers concerned about strength of that language. Language in Section 2.3 states the City prefers firefighters not work 72-hour shifts in Edmonds. o District leadership does not have complete control over this issue. Will need to be negotiated with the union and could be the subject of interest arbitration Section 14: City has the right to subcontract fire and EMS services to Woodway Edmonds City Council Approved Minutes January 24, 2017 Page 4 Packet Pg. 231 8.3.i o The District requires the City consult with them and accept input prior to entering into a subcontract with Woodway. o No change in the contract payment unless City requests additional staff. Requesting additional staff reopens Interlocal Agreement. o Historically the City served Woodway with the existing three stations. o Whether or not the City is serving Woodway, Interlocal Agreement is still subject to same thresholds (unit utilization factor). Section 19.5: Allows Mayor and Council President to agree on a change to the formulas. Any other amendment to the agreement would come to City Council. o Example: Formulas contemplate Lynnwood and FD1 are two different jurisdictions. If Lynnwood and FD1 enter into a regional fire authority (RFA), the formulas may need to be tweaked to reflect the two entities are now one entity. If the Council agrees with the proposed Interlocal Agreement, Mr. Taraday requested a motion to approve. FD 1 confirmed if the Interlocal Agreement was approved by Council tonight, they would be able to make the change by February 1, 2017. If the Agreement is not approved tonight, the date will be delayed. Mayor Earling asked about the FD1 Board's meeting to consider the Interlocal Agreement. Mr. Taraday answered assuming the Council approves the Interlocal Agreement tonight, the District Board will have opportunity to take action at their meeting on Thursday. Councilmember Nelson thanked Mr. Taraday for the time and effort he has put into the agreement, commenting he was not a fan of it. He referred to Section 3.1, use of City fire stations, a new development in this agreement that has not been talked about, yet reading this agreement, that appears to be the next priority. He read Section 3.1, "The parties acknowledge that none of these three fire stations are ideally located and that the City could be better served by two ideally located fire stations" and asked where that idea came from. Mr. Taraday answered it definitely came from Fitch & Associates and District leadership shares the opinion about the poor location of the fire stations. Councilmember Nelson referred to language in Section 3.1 that the location of the three stations, "contributes to slower turnout times." Mr. Taraday said some the City's fire stations are old; if a new fire station were built, it would be laid out differently in light of current regulations. The District has developed an extensive capital facilities plan that included timing personnel exiting the stations. Some stations have challenges that do not allow firefighters to exit as quickly as they could if they were ideally designed. Councilmember Nelson recalled seeing reference to that in the Fitch report. He referred to a map that showed moving Stations 16 and 20 five to six blocks and eliminating Station 17. He expressed concern with eliminating a fire station and saying response time to downtown Edmonds would increase when there is no downtown fire engines or paramedic. Mr. Taraday answered it was conceivable that new fire stations could be built/relocated and still have three. A full study has not been done about that issue; this is at the very conceptual level. Because there was thought that maybe it could be done with two stations, it was included in the Interlocal Agreement. The number of fire stations and the number of units or firefighters are completely independent. If the Agreement is approved, there will be 9 firefighters working 24/7 in Edmonds. There could be nine firefighters working in two stations instead of three stations. If the travel times were adequate, there may be operational advantages to having nine firefighters in two station. He emphasized this was at the very conceptual level and really had not been extensively reviewed. Councilmember Buckshnis referred to definitions in the existing contract that refer to Firefighter/EMS Personnel and the new contract states only Firefighters. She asked if all Firefighters were EMS personnel. Edmonds City Council Approved Minutes January 24, 2017 Page 5 Packet Pg. 232 8.3.i Mr. Taraday relayed the definition of Firefighter, "full-time compensated employees, captains, firefighters emergency medical technicians and/or paramedics." Councilmember Buckshnis observed Sections 4.3 and 4.4 were moved to Exhibit E. Mr. Taraday answered Sections 4.3 and 4.4 were relocated in the December draft; the definitions were moved to Exhibit E. Section 4.4, Adjustment Date Not Met, is now in Section 4.2.2. Councilmember Buckshnis asked if any FD1 Commissioners participated in the negotiations. Mr. Taraday answered Commissioners Meador and Board Chair McGaughey were present for most of the negotiations. Councilmember Buckshnis observed the Agreement still includes an annual presentation as well as quarterly meetings. Mr. Taraday said the quarterly meetings are with representatives of the Council; the Council President may want to appoint representatives to attend quarterly meetings. Councilmember Teitzel referred to Section 2.3, Shift Arrangements, which states the City prefers personnel not work 72 hour shift due to fatigue issues. However, the last sentence in that section states, "The District commits that it will undertake in good faith, pursuant to Chapter 41.45 RCW, to negotiate successfully for those arrangements, to be implemented." He expressed concern the statement indicated the District may not be successful in achieving this. Mr. Taraday agreed, explaining the District does not have complete control over this issue and would need to bargain it. If they are not able to reach agreement, the issue can be taken to interest arbitration to have an arbitrator to rule that 72-hour shifts should not be allowed. There are comparable jurisdictions that the District could reference to justify its case; for example Lynnwood does not allow 72-hour shifts. In the end, it is not something the District can do unilaterally and would need to bargain it and it was subject to interest arbitration under State law. Councilmember Teitzel suggested removing "successfully" because although the District commits to undertake in good faith, it may not happen. Including "successfully" presumes it will be successful in achieving the goal of the negotiation. Mr. Taraday said he interprets the sentence as the District will try to reach an agreement using their best efforts and good faith. Councilmember Teitzel said if the City Attorney felt the language was acceptable and the other party knows what it meant, he was comfortable. Mr. Taraday said he was comfortable with the existing language. Councilmember Fraley-Monillas referred to Sections 3.1, Use of City Fire Stations, recalling FD1 Commissioners told the Council a few years ago that the fire stations were not in the best location and if they had unlimited amounts of money, they would build new fire stations in different places but it was talked about as a 20 year goal. She asked if there were any current plans to reduce the number of fire stations. Mr. Taraday answered the extent of the plan is in the document; it is an idea at this point. Certainly, if money were no object, it would be great to have ideally located fire stations but there is a cost to that. It would be up to the City Council to decide if they were interested in taking that on. Councilmember Fraley-Monillas said since it is a theory, it may have been better not to include that section. Mayor Earling said he has no interest or intent to explore the relocation of fire stations in the City. He viewed it much like the Edmonds multimodal station near the Port which is unlikely to happen for 2-3 decades. Although the language is included in the Agreement, no one is interested in pursuing it. Councilmember Fraley-Monillas said including the language in the Agreement draws attention to it. Mr. Taraday said the language in the Agreement looks into the future; it is the type of agreement that may be in effect for decades and tries to anticipate as many issues as possible. COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, THAT THE CITY COUNCIL APPROVE THE INTERLOCAL AGREEMENT FOR FIRE AND EMERGENCY MEDICAL SERVICES AS PRESENTED BY MR. TARADAY. Edmonds City Council Approved Minutes January 24, 2017 Page 6 Packet Pg. 233 8.3.i Councilmember Nelson commented there is a difference in what he read in the report and what he sees happening on the ground. He recently spent a second day in the field with the professionals who provide fire and EMS care, not the number crunchers, but the first responders who treat citizens. What he saw was concerning; in just one day, there were five requests to send Edmonds units north to cover other stations because the rest of FD1 was unavailable. The hope is that other stations can cover Edmonds, but they can't. He relayed hearing on the fire radio dispatch in response to battalion chief's request for another paramedic, "Medic 14 not available, cross -staffed." He clarified that meant the one paramedic at that station was not available because he was out on a fire call. This is what happens when the paramedics are split up all over the City, asking them to respond to fire as well as medical calls. That response will be heard over and over in Edmond with these cuts because 70% of calls are basic life support (BLS), not advanced life support (ALS). Paramedics will be busy responding to BLS calls when ALS calls come in. Councilmember Nelson commented, in addition, twice that morning all four Edmonds fire units were out on calls and not available to respond to any additional calls in Edmonds. What will happen when only three Edmonds units will be available with thee cuts? He believed everyone wants the best fire service but doing more with less should be a last resort when it comes to public safety, especially while every other City department is growing. There is a difference between not wanting to pay more and needing to pay more. Healthcare demands are increasing every year and much of it has shifted squarely on first responders. He has heard, "we're backed into a corner, we have no choice," commenting we always have a choice. If the Council really wanted to, they could find the funding. Councilmember Nelson questioned what other contract services the City has, a fair question if the primary motivation is financial. For example, why does the City spend $42,000/month to contract for legal services when the City could hire an in-house City Attorney. Nine in ten residents surveyed last year felt safe in Edmonds and want safety to be a top priority in the coming years. He believed this agreement would jeopardize their safety; two fewer firefighters and EMTs on duty means less people to respond to emergencies He asked that the Council wait and find a different way to fund fire costs, put a fire/EMS levy forward if necessary and not make these cuts to these vital services, prioritize saving lives over saving money. MOTION CARRIED (5-1), COUNCILMEMBER NELSON VOTING NO. Mayor Earling recognized the hours Mr. Taraday and Finance Director Scott James spent on the Agreement, commented it had been a pleasure to work with them. He was provided several briefings and had an opportunity for input but the work they did and the cooperation from the FD1 lawyer, while heated sometimes, resulted in a very positive outcome. Mr. Taraday commented they learned a lot. Mayor Earling declared a brief recess. 7. STUDY ITEMS SHORELINE MASTER PROGRAM (SMP) Senior Planner Kemen Lien explained this is the continuation of the SMP update. The City Council sent proposed alternatives to Ecology in October 2016 and January 10, 2017, Ecology responded to Edmonds. Ecology representatives, David Pater and Joe Burcar, are here to present their response. Joe Burcar, SEA Section Manager, NW Regional Office, Department of Ecology, reviewed: • Chronology o June 27, 2016 Ecology issued conditional approval with several required changes and one recommended change. Edmonds City Council Approved Minutes January 24, 2017 Page 7 Packet Pg. 234 EDMONDS CITY COUNCIL APPROVED MINUTES December 13, 2016 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Kristiana Johnson, Council President Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Thomas Mesaros, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT N. Bickar, Police Officer Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Dave Turley, Assistant Finance Director Kernen Lien, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5"' Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA Council President Johnson requested Items 4.4, Board & Commission Reappointments, and Item 5.2, Dale Hoggins Proclamation, be postponed to a future meeting. Councilmember Teitzel requested Item 7.3, Revision to the January 3, 2017 Extended Agenda, be added to the agenda. City Clerk Scott Passey advised the Extended Agenda is a planning tool and requests can be submitted to him. COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA, POSTPONING ITEMS 4.4, BOARD & COMMISSION REAPPOINTMENTS, AND ITEM 5.2, DALE HOGGINS PROCLAMATION, TO A FUTURE MEETING. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF DECEMBER 6, 2016 Edmonds City Council Approved Minutes December 13, 2016 Page 1 Packet Pg. 235 8.3.j services are cut and EMTs and paramedics are shifted around so they are not available downtown, he questioned what happened the next time someone walked in needing help. He recognized the electeds have a tough job building and balancing a budget, but figured the last thing they would do would be to cut public safety. He was ashamed and embarrassed and said there are other ways to cut the fat. He questioned the Council raising taxes and then cutting fire service, questioning what was next — raising water rates and telling him he can only use five gallons a day. Edmonds is growing and more services are needed; the Council should look to the future and add firefighters, EMTs and equipment, not make cuts to balance the budget. He was not in favor of raising taxes and preferred the Council figure out to make the money work. As a business owner outside Edmonds, he suggested some fat could be cut from the City's second floor. 7. ACTION ITEMS AWARD OF EDMONDS VETERAN'S PLAZA PROJECT Parks & Recreation Director Carrie Hite requested the Council award the bid to K-A Construction for construction of the Veteran's Plaza. The Council packet contain a memo outlining previous action, current bids that ranged from $290,000 - $472,000 and engineer's estimate of $285,000. She recalled the Council bids previously rejected bid a few months ago at staffs requests when bids were $450,000 - $700,000. The citizen committee has been working hard to raise money to construct the Veteran's Plaza; to date they have raised $505,000. A donation in the amount of $4500 was received in the last two days as well as commitments for $16,000, reducing the deficit of $67,000 to $47,000. Committee Co -Chair Maria Montolvo has indicated a donor has committed $50,000 if it is needed. The Committee assures they are committed to raising the rest of the funds and would like to have the bid awarded so that construction can begin in January with the project completed in time for Memorial May. Ron Clyborne, Edmonds, Co -Chair, Veterans Plaza Committee, representing the Edmonds Veterans of Foreign Wars, American Legion and Vietnam Veteran of America, as well as all veterans past, present and future, relayed their excitement about building this park plaza to honor and remember all veterans past present and future. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AWARD THE CONTRACT FOR THE EDMOND VETERAN'S PLAZA TO K-A CONSTRUCTION AND AUTHORIZE A 10% MANAGEMENT RESERVE FOR UNFORESEEN CONDITIONS DURING CONSTRUCTION. Councilmember Tibbott said after reviewing the drawings, he was impressed with receiving a bid that meets the objectives. He was supportive of the bid award and looked forward to completing the project next year. Councilmember Buckshnis said bravo, recalling the herculean effort to raise $8500 for the K-9 statue. She thanked the veterans and other donors, commenting the plaza will be fabulous and she looks forward to its completion. Mr. Clyborne recalled a Marine Corp saying, "when the going gets tough, the tough get going." The community got it done, and have a plan for any discrepancy that arises. He pointed out fundraising began approximately seven months ago and raised $475,000. Fundraising stopped because it was believed there was enough but was restarted when more money was needed, raising another $45,000. He assured any discrepancy could be handled. Councilmember Nelson commented although he was sure the discrepancy could be handled, but if it couldn't, he was certain the City would find a way to help out. He thanked Mr. Clyborne and all the veterans for their service. He was sorry the Veteran's Plaza could be done sooner and looked forward to its completion. Edmonds City Council Approved Minutes December 13, 2016 Page 10 Packet Pg. 236 MOTION CARRIED UNANIMOUSLY. 2. POTENTIAL ACTION ON THE FIRE DISTRICT 1 INTERLOCAL AGREEMENT Mr. Taraday explained this is a follow-up to last week's presentation. He reminded the Council what the project with Fitch Associates was tasked with considering: • If you were designing the Edmond Fire Department from scratch today, based on the data that you have today, what would you design? • How many firefighters would you plan to employ? • Of those, how many would be paramedics? Factors to consider include: Geography of the City and FD1 o Map identifying the stations that Edmonds pays to operate 16, 17 and 20 and the other FD1 and Lynnwood stations. Type of demand for service o Primary demand is EMS ■ EMS 55.2% ■ EMS-ALS:30.3% ■ Fire related 9.8% ■ Service 4.6% ■ Special Ops 0.2% Frequency of demand for service o Unit hour utilization by unit analysis indicates using 1/3 of the capacity provided by 11 firefighters in 3 stations today = 0.10 utilization rate 0 0.30 = IAFF standard utilization rate o Consultant concluded actual usage is 0.10%, indicating there is a lot of capacity available in the system Equity among the various neighborhoods o Currently only 2 paramedics for entire City, operating in the same unit at Station 17 o Currently the next closest paramedics are at Lynnwood Station 14 and Mountlake Terrace Station 19 o Takes only one paramedic call to completely wipe out paramedic services in the City ■ If two heart attacks happen at the same time, the second one waits for either Lynnwood or Mountlake Terrace to respond o Under Mayor Earling's recommended proposal, Alternative 2, paramedic proximity improved with one paramedic located at Stations 16, 17 and 20 as part of a cross -staffed unit ■ Allows for the possibility of three dispatches requiring a paramedic capability ■ Paramedics often double dispatched, but it is not always necessary - Dispatcher can decide whether double dispatch necessary Means to evaluate the service over time o Utilization of 0.25% at any one of three station is the threshold to trigger negotiations with FD1 to bring utilization rate to a more reliable rate. Cost (last but not least) o $1.36 million difference in cost between current staffing and the recommended proposal Mr. Taraday explained the issue of cost is frustrating for the City and probably for FD1 because neither party is fully in control of what they pay firefighters because are subject to interest arbitration which means FD 1 cannot say how much they will pay firefighters. FD 1 does not have the same ability to control costs that a typical employer has; under State law, labor unions such as IAFF have a lot of power to set Edmonds City Council Approved Minutes December 13, 2016 Page 11 Packet Pg. 237 8.3.j compensation levels according to what other agencies are paying. As a result, it costs a lot to maintain a Fire Department. Mr. Taraday highlighted the proposed action: • Motion to direct City attorney to bring back for final action an ILA that contemplates use of Fitch Alternative 2. o ILA not ready for approval yet; FD1 and the City still have work to do. o Helpful for both negotiating teams to get direction/confirmation that the Council supports the proposed alternative staffing model ■ If the Council does not support the proposed alternate, that will change the negotiations. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO DIRECT THE CITY ATTORNEY TO BRING BACK FOR FINAL ACTION AN ILA THAT CONTEMPLATES THE USE OF FITCH ALTERNATIVE 2. Councilmember Mesaros commented tonight the Council heard testimony from citizens about the importance of emergency medical services. He supports the proposal because it increases EMS services, increasing from two paramedics to three. Several audience members commented on how quickly emergency services arrived and he pointed out if that were a paramedic call, a second call may have to wait for a unit from Lynnwood or Mountlake Terrace; this solve that problem. Councilmember Buckshnis recalled in 2009 Lora Petso, Adrianne Fraley-Monillas and she were citizen advocates opposed to selling the City's Fire Department to FDL They were later selected to assist with selecting the consultant who would help the Council understand. FD1 Commissioners have said they will sever the contract with Edmonds if Edmonds does not pay Woodway's share of the cost. A very diligent and pragmatic process has taken approximately 14 months to complete. The Fitch report is a fresh set of eyes. FD 1's report, done in February 2016, says about the same thing as Fitch's report. If citizens are interested in a public safety levy, she will lead that charge, commenting that is what should have been done in 2009. Councilmember Fraley-Monillas said one of objections when the previous Council and Mayor sold the Fire Department was that the cost would eventually be higher. Although it was easy to say the savings was only $1.36 million, she questioned where cuts could be made to provide those funds — police, roads? She pointed out certain revenue sources must be used for certain expenditures. Fire and Police are paid from the General Fund, a huge cost to the City. The first -year savings are $1.36 million. FD1 firefighters haven't negotiated their contract this year and she expected costs to increase next year. The City needs to have some control while still providing a good or same level of service that has been provided in the past. Councilmember Fraley-Monillas asked who Mr. Taraday has been negotiating with and whether it was with the labor union or the FD1 Commission. Mr. Taraday answered the negotiating team was two FD1 Commissioners, FD1 Chief, Assistant Chief and FD1's attorney. Councilmember Fraley-Monillas asked who negotiated with the union. Mr. Taraday answered FD1 leadership. Councilmember Fraley-Monillas asked if the FD1 Commissioner had discussed Alternative 2 with Local 1828. Mr. Taraday answered he did not think there had been a formal conversation, certainly union membership was aware of the proposal. FD1 does not need union permission to make this change. Councilmember Fraley-Monillas observed there was potential that staffing issues, layoffs, etc. could be addressed during FD1 and Local 1828' negotiations. Mr. Taraday answered when FD1 and the union bargain a contract, many issues are considered, not the least of which is compensation. He reiterated compensation was driven by comparable fire agencies. FD1 may have aspirations to pay a certain amount, but in the end under State law they pretty much have to pay what the comps show. Although the City is Edmonds City Council Approved Minutes December 13, 2016 Page 12 Packet Pg. 238 8.3.j limited in increasing the levy 1%/year, the interest arbitrators are not limited and can and do award more than a 1% increase in compensation. The system is set up in a manner that costs will exceed revenue. For Councilmember Fraley-Monillas, Mr. Taraday said under the City's current arrangement with FD1, the City pays for certain minimum staffing levels. FD 1 can assign additional staff to the Edmonds stations but that does not commit Edmonds to pay for the additional staff. Councilmember Fraley-Monillas asked if FD I would need to return to the City if they decided to add staff to the Edmonds fire stations. Mr. Taraday said he watched the FDI Board meeting on Wednesday; it is extremely unlikely that the Board would assign staff to Edmonds stations without Edmonds committing to pay for it. Councilmember Fraley-Monillas said she was disturbed by the lack of communication between the Commission and their labor union, envisioning this may not have been as dramatic if there had been better communication. Councilmember Tibbott requested staff describe the increase in the EMS levy, where those funds come from, how they are used, and why that is not enough to cover the current level of service. Finance Director Scott James responded the 2017 EMS levy is $3,9790,000; the cost for EMS services far surpasses that levy amount. The EMS levy cannot be raised without a vote. Councilmember Tibbott observed approximately $4 million is the most that can be raised via the EMS levy and the additional amount comes from other sources. Mr. James said the cost of Alternative 1 is $7,400,000 which includes fire service, Fire Marshal, Fire Inspector, apparatus replacement, etc. As Mr. Taraday indicated, approximately 85% of the services provided are EMS. Applying that 85% to the total cost, approximately $6 million is for medical -related responses. Councilmember Tibbott summarized taxes have been raise the maximum allowed by law. Mr. James agreed, they had been raised to the maximum amount without a vote. He explained EMS is limited to $050/$1000 assessed value by State law; the 2017 levy will be approximately $0.48/$1000 which is still not enough to cover EMS services. Councilmember Tibbott referenced the tax increase voters in Snohomish County approved for fire protection. Mr. James explained FDI citizens approved an increase; Edmonds is not in FD1 so that increase does not affect City residents. Residents of Esperance are affected by the increase as are other properties in FD 1 outside of Edmonds. Councilmember Tibbott observed the new ILA with FD 1 would allow the City to receive funds from Esperance to offset costs. Mr. James said the $7.4 million includes all costs for the three stations, less the EMS taxes generated by the Esperance area, $1,117,000. The remainder, $4,727,000 is paid by the City of Edmonds. Mr. Taraday pointed out under the original agreement with FD1, 13.08% of the three -station cost was allocated to Esperance; if that were applied to the new levy amount, the $1,117,000 the City receives to offset the cost via the Esperance property tax revenue would not be enough to pay for 13.08% of the status quo system delivery model, essentially meaning Edmonds would be subsidizing Esperance fire/EMS services. Under Alternative 2, the property tax revenue received from Esperance more or less equals the 13.08% share. Councilmember Tibbott asked about the revenue source for the former Medic 7 stationed at Stevens Hospital. Mr. James answered it was his understanding it was the EMS levy and compensation from the partner cities. He offered to email Councilmembers that information. Councilmember Teitzel pointed out there have been comments that service in Edmonds will be cut but it was his understanding there will be no cuts; the 2 FTEs from 11 to 9 would be reallocated elsewhere in FDL Mr. Taraday agreed, pointing out FDI operates 12 fire stations, 3 of which are in Edmonds. It was his understanding there is enough need in the employment applicant pool that the proposed changes could be absorbed elsewhere in FD 1 and there would not be any layoffs. Edmonds City Council Approved Minutes December 13, 2016 Page 13 Packet Pg. 239 Councilmember Teitzel asked about FD1's plans to reallocate those two position and whether they would possibly allocate one to the Mountlake Terrace fire station thereby improving response time on an ALS call in the Lake Ballinger area. Mr. Taraday relayed his understanding Station 19 currently has 3 firefighters on duty at a time. He asked if Councilmember Teitzel's question was whether FD 1 might increase that to 4. Councilmember Teitzel answered possibly. Mr. Taraday answered the discussions with FD 1 leadership have not gotten into that level of detail. FD 1 is the expert on how to deploy crews. Councilmember Teitzel asked if the two reallocated firefighters could potentially be used to improve mutual aid response from a station outside Edmonds to an Edmonds call. Mr. Taraday said he could not speculate regarding how FD1 would reassign those firefighters. Edmonds will not lose any paramedics, the two existing paramedics will be in different units and a third paramedic will be added. Councilmember Teitzel observed when the original FD 1 model was developed, Woodway was part of it. In January 2014 Woodway joined Shoreline Fire and their call demand was shifted to Shoreline. He asked if the departure of Woodway created excess capacity especially in Stations 17 and. Mr. Taraday did not know how much call volume was associated with Woodway but whatever that volume was, its absence represents a reduction in demand. Councilmember Nelson pointed out there are currently three paramedics on duty in the City of Edmonds at times, one at Station 20 and the two at Station 17. Mr. Taraday agreed that occasionally happens. Councilmember Nelson commented because he likes to do his homework, he met with FD1 Chief Reading, Lynnwood Fire Chief Cockrum, rode on the fire rescue boat and fire engine 16 and responded to multiple medical calls. He toured the City's oldest and most populated buildings, learning their unique risks to fire danger. He researched the National Fire Protection Associations standards and even the consultants' reports for other cities. The Council may think the consultant give them everything they need to know to make cuts but he questioned what they really knew about the information presented like the recommendation to remove the downtown fire engine and have less firefighters at night, the graph that indicates most emergency calls do not happen at night. For example there are very few fire calls at night. He looked this up and compared it to the national average and it matches. However, something the consultant's graphs do not show that the national graph do is that although 20% of all fires happen at night, they account for 52% of all home fire fatalities. He questioned whether the Council really wanted to downgrade the fire service from a report that downplays fire dangers and suggested telling that to the families of the four people who died in fires in Everett last winter, the mother who lost her three children to a fire in Centralia this March, the 15 business owners in downtown Bothell who lost everything this summer. Councilmember Nelson continued, the City's firefighter are heroes, but they are not superheroes; they are mere mortals called upon to do extraordinary tasks. They cannot do their job to protect us with one hand tied behind their back. One person can do CPR chest compressions 120 times/minute for only so long before they physically tire out and have to stop; stopping means death. Another person has to replace them; it is a physically demanding job to save lives. Our firefighters cannot keep us safe if they do not have a sufficient amount of people and equipment. So are we really enhancing our fire services. The International Association of Fire Chief s website has webinars on best practices and new developments from experts. He listed titles of webinars, Track Fire Department Training with a Purpose, Statistical Methods in Fire Service, Community Risk Reduction, Critical Success Factors for Fire and Rescue Leaders, Must -Have Policies for Every Fire Department, Fire Prevention Risks in Local Communities and Critical Questions Every Fire Chief Should Ask Their City/County Managers, a webinar by the consultants, Stephen Knight and Bruce Moeller, where they state the most important questions for a fire chief involve understanding the economic and political realities facing your agency, understanding the economic motivators for requests for efficiencies, developing a framework for navigating the economic realities of change in your agency. He pointed out that was who the Council was basing the type of fire Edmonds City Council Approved Minutes December 13, 2016 Page 14 Packet Pg. 240 8.3.j service the community needs; their job is to give cities cover to make cuts. That is why it matters how the problem is framed. Councilmember Nelson said if the Council thinks we should operate as a business, which some Councilmembers do, then looking for efficiencies is perfectly logical. The Finance Director says this makes good business sense. The fire consultant looks for return on investment and the City Attorney cite financial savings. But if the Council is looking for efficiencies as part of a business model, every city department would fail looking through that lens. As a professor of economics in Forbes Magazine recently wrote, does it makes sense to run government like a business? The short answer is no. Efficiency in the private sector means profit. The problem is that not everything profitable is of social value and not everything of social value is profitable. The Army, Navy, Air Force, Marine Corp, Police Department, Fire Department, libraries, parks, public schools are social value yet they could not exist if they were required to be profitable. Imagine maintaining the military by selling subscriptions door-to-door. Profit is the realm of business while unprofitable but socially useful tasks are the responsibility of government. Somewhere along the way the Council has forgotten what its role is. The Council's function is not maintain a profit for shareholder; its role is to protect citizens from all injuries however small, large, likely or unlikely. It has always been expensive to save lives and it always will be. Councilmember Nelson continued, there is a reason the City Council is tasked with this choice, not the FD 1 board, not the fire chief, not the consultants. The Council must decide the level of safety for the community, how much a life is worth to protect. He asked whether this proposal was really the best way forward for fire service. He believed it was not and believed cutting the number of firefighters and having only three emergency vehicles available instead of four was very risky. He believed increasing demands on the paramedics and sharing with neighboring cities will not benefit Edmonds. He believed not holding FD 1 administration accountable to respond to emergencies with the minimum amount of people within a specific time like every other city in the country is inexcusable. He believed Edmonds could do better, find a better way to pay for the best fire service the City can afford. He believed the Council should prioritize saving lives over saving money and hoped the Council would join him in opposing these cuts. Council President Johnson recalled testimony about families concerned about protecting their loved ones and concerns about safety and agreed safety was the number one priority. As her parents aged, she called the Fire Department on several occasions, many times because she needed assistance picking her parent up from the floor and fortunately four trips to the hospital that were considered basic life support. One dreadful call required advanced life support and every second meant the difference between life and death. She appreciated the work firefighters do and she was a happy customer. Having said that, she believed having three paramedics cross -trained with firefighters was better than one two -paramedic team. For that reason she will support the proposal with the idea it will be monitored and possibly there could be a levy in the future or a different combination of personnel. Councilmember Buckshnis said she wished Councilmember Nelson was here in 2009 when the City sold the Fire Department. She emphasized there was a reopener in the ILA. Although Fitch found there was an underutilization, FD1 is doing a good job. If the City maintains the status quo, FD1 Commissioners have said they will sever the contract. The City and FD 1 both had reports prepared and both say about the same thing. If the community is interested in a levy, she will help. She noted one of the issues was firefighters want a 72-hour work day and some Councilmember do not support that. MOTION CARRIED (6-1), COUNCILMEMBER NELSON VOTING NO. Mayor Earling declared a brief recess. Councilmember Nelson left the meeting at 8:59 p.m. 8. STUDY ITEMS Edmonds City Council Approved Minutes December 13, 2016 Page 15 Packet Pg. 241 8.3.k EDMONDS CITY COUNCIL APPROVED MINUTES Special Meeting December 6, 2016 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Kristiana Johnson, Council President Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Thomas Mesaros, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir Shane Hope, Development Services Director Scott James, Finance Director Mary Ann Hardie, HR Director Dave Turley, Assistant Finance Director Rob Chave, Planning Manager Rob English, City Engineer Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 6:01 p.m. by Mayor Earling in the Council Chambers, 250 5t' Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. PRESENTATION 1. PRESENTATION ON PARLIAMENTARY PROCEDURE This item was delayed to a future meeting. 4. APPROVAL OF AGENDA COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA WITH THE FOLLOWING CHANGES: MOVE ITEM 10.2, 2017 LEGISLATIVE AGENDA, TO NEW ITEM 6.3, AND ITEM 9.1, ADOPTION OF THE 2017 BUDGET & USE OF REAL ESTATE EXCISE TAX FUNDS, TO FOLLOW ITEM 6.3. MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Approved Minutes December 6, 2016 Page 1 Packet Pg. 242 8.3.k on the single track. Double tracks would allow trains to go both directions at the same time, resulting in the activation of a horn for trains traveling north and southbound at the same time. How often that would occur would require further study but he did not anticipate the number of horns would increase. The location of the horns will work with double tracking. Councilmember Teitzel asked whether input had been sought from other communities on Puget Sound that have installed trackside warning systems. Mr. Williams answered several have been installed near Lakewood; they are very happy with their operation. Councilmember Teitzel how asked how to ensure train engineers did not blow their horn manually where entering a zone with a trackside warning system. Mr. Williams said under FRA rules, engineers have the right to blow their horn if they see fit to do so. Likely the only time that would happen is if they passed the whistle board and the signal system was not working or there was something on the track. They are not obliged to do so and are encouraged not to unless they feel it is necessary. Councilmember Teitzel concluded there would not be the same number of manual horn blasts plus the trackside warning signals. Mr. Williams said a manual horn would be a rarity, not a normal activity. Councilmember Fraley-Monillas asked Council President Johnson why she wanted to postpone action for a week. Council President Johnson said in general, a public hearing is an opportunity to get public input. Councilmembers also collect information via other methods and delaying a week after the public hearing provides the Council extra time before making a decision. Although no one spoke at tonight's public hearing, she and many others are concerned about the return of salmon to the marsh. She did not want to offend any dog owners or dogs and realized the dog park was a community asset beyond Edmonds, but it was important to have a thoughtful opportunity to consider whether the amendment is needed. Consideration may need to be given to monitoring the water for pH. She sees a potential conflict between dogs and salmon and wanted an extra week for the public to weigh in. MOTION CARRIED (6-1), COUNCIL PRESIDENT JOHNSON VOTING NO. Mayor Earling declared a brief recess. 2. PUBLIC HEARING ON THE FIRE DISTRICT 1 INTERLOCAL AGREEMENT City Attorney Jeff Taraday commented the Interlocal Agreement with Fire District 1 (FD1) has been in the works for some time. He introduced Finance Director Scott James and Dr. Stephen Knight, Fitch & Associates, who was hired to advise the City. The Interlocal Agreement in the packet is the Mayor's proposed amendment to the Interlocal Agreement with FD L The Council makes the decision whether to proceed and there are other options if the Council is not satisfied with the Mayor's proposal. As background, Mr. Taraday explained the City entered into an agreement with FD1 for fire and EMS services in 2009 and service officially began January 1, 2010. For the first five years of that agreement, neither party could terminate. Now the agreement is terminable by either party upon two year's notice. In August 2014 the City received an invoice for $1.67 million attributable to a recently completed collective bargaining agreement between FD 1 and the union. The agreement was retroactive to 2013 which resulted in a large invoice. The invoice was somewhat of a surprise to the City; the City agreed to pay the invoice but decided to take a closer look at fire service in general. As the City needed expertise to assist with that, staff began researching fire and EMS consultants in April 2015; the City Attorney and Finance Director invited five firms and a local fire chief to interview and narrowed consultants to three for interviews by the Mayor and Councilmembers Buckshnis, Fraley-Monillas and Petso in May 2015 and ultimately Fitch & Associates was selected to guide the City through this process. Mr. Taraday explained the City and Fitch & Associates agreed on a scope of work and signed a contract on June 17, 2015. Dr. Knight made a presentation to Council in February 2016 of several different Edmonds City Council Approved Minutes December 6, 2016 Page 11 Packet Pg. 243 8.3.k options for configuring fire and EMS service including the status quo. Fitch & Associates finalized its report in April 2016 and that information was used to begin discussions with FD1 this summer. He was hopeful the Council would approve of the proposed Interlocal Agreement and take final action next week. Mr. Taraday displayed a map of FD1, identifying the three fire stations previously operated by City of Edmonds until the City began contracting with FD1 in 2010, Stations 16, 17 and 20. Because the City contracts with FD1, the City is essentially being served by an entity with a much larger area so occasionally Station 19 and Lynwood Station 14 also serve the City. The primary sources of service are Stations 16, 17 and 20. He described the status quo: • Station 16: cross staffed engine and aid unit (EMT), total 3 staff members • Station 17: cross staffed engine and aid unit (EMT) plus a dedicated paramedic unit with 2 paramedics, total 5 staff • Station 20: cross staffed engine and aid unit (EMT), total 3 staff members • Total staff on duty citywide 24/7: 11 including 2 paramedics Mr. Taraday said one of the questions that prompted the City to consider if service improvements could be made was "What if two ALS calls occur at same time?" He referred to the map of stations, identifying the paramedic unit at Station 17, no paramedics at Station 16 or 20, explaining with two paramedics on the same unit, one call wipes out the City's paramedic capabilities which was not viewed as a good system design. Most of FD1 has a paramedic at each station. Another question the City considered was how busy are Edmonds fire stations under the status quo? Mr. Taraday displayed a Unit Hour Utilization by Unit chart, included in Fitch & Associates report to the City, that measured the unit hour utilization for service at the three Edmonds stations. The utilization threshold established by the International Association of Firefighters is 0.30; Edmonds stations are at 0.10 or lower utilization, which basically says the current fire stations are not that busy. He assured this was not criticism of FD1 or firefighters, they do a great job which was confirmed by Fitch & Associates. This analysis appears to indicate there is some excess capacity. The Interlocal Agreement established 0.25 unit utilization as a negotiation threshold for when the contract could be revised. Over time it is assumed call volumes will continue to increase to a point where service needs to be added to ensure firefighters are not too busy. Mr. Taraday explained Alternative 1, converting the 24-hour Medic 17 to a peak hour unit, is not being pursued as this issue is being litigated between FD1 and the union. The union is opposed to part-time paramedic units and want all paramedic units to work 24-hour shifts. Alternative 3, which removed the engine from Station 17, reducing the number of engines in Edmonds from 3 to 2, is also not being pursued. The City has a three -engine capability today and will have three engine capability under the Mayor's proposed agreement. Mr. Taraday reviewed Alternative 2, the recommended proposal: • Station 16: Engine/medic — 3 staff • Station 17: Engine/medic — 3 staff • Station 20: Engine/medic — 3 staff • Total staff on duty citywide 24/7: 9 including 3 paramedics He displayed a pie chart illustrating the number of incidents, pointing out 30.3% of all calls to FD1 are EMS/ALS. It was felt the City would be better served by adding paramedic to all stations. In addition to the advantage of adding a paramedic to each station, there is a financial advantage of going from 11 total staff to 9, a savings of $1.36 million in 2017. If the City wanted to retain the status quo, another $1.36 million would need to be identified in the budget. He clarified the additional $1.36 million to retain the status quo includes an assumption that FD1 would no longer be willing to continue with the current Edmonds City Council Approved Minutes December 6, 2016 Page 12 Packet Pg. 244 8.3.k arrangement where the City only pays 77.79% of the cost of staffing Edmonds stations. Under the original Interlocal Agreement with FD1, the cost of operating the three stations was planned to be split per the following formula: • Edmonds: 77.79% Woodway: 9.13 Esperance (FD1): 13.08% Mr. Taraday reviewed several issues addressed in the agreement: Woodway Woodway no longer contracts with FD1 so the revenue that was contemplated in the original agreement is not being paid by Woodway. It could be argued that is FD1's problem, not Edmonds'. That is true in the short term but the contract is terminable by FD1 upon two years' notice. FD1 leadership team has made it clear to the City's negotiating team that the current 77.79% is not sustainable or acceptable going forward. Technically FD1 probably could be forced to honor that arrangement for two years; however, it would be invite a different relationship with FD1 and likely result in a notice of termination shortly thereafter, requiring the parties to return to the bargaining table and a similar proposal. No one wants there to be a question about who is providing fire service long term; the prospect of a terminal notice should not be entertained with any seriousness. The FD1 negotiating team has agreed that if Edmonds can bring Woodway back, the City has the right to subcontract with Woodway. He clarified the FD1 Board has not yet approved the proposed agreement. Negotiation Thresholds The agreement also includes negotiation thresholds that identify when to renegotiate, 1) unit utilization factor (0.20), 2) neighboring unit utilization factor (how often is Edmonds getting service from Station 14 or 19 or other stations) and 3) transport balance factor (outside Edmonds FD1 unit responds to Edmonds and transports but does not receiving transport fee). Out of Balance Transport Fees The proposed agreement includes a provision if transport fees are out of balance, a portion is withheld until balanced. Esperance Offset Under the original agreement FD1 paid 13.08% to service that area. FD1 is willing to transfer all the fire/EMS tax revenue collected in this unincorporated area to Edmonds via an offset in the City's payment to FD 1. City Retains Authority to Set Level of Service Language has been added to clarify that the City always retains the legislative discretion to establish the level of service for Edmonds. Turnout Time Fitch & Associates recommended reducing the turnout time in Edmonds stations closer to the national standard. FD1's standard is 2:15 which is not being met; FD1's turnout time is 2:51. District leadership is interested in improvement but there are potential financial impacts to improving turnout time. Once a dollar amount is determined, that information can be presented to the Council and FD1 and the City can discuss who bears that cost and/or if the turnout standard should be changed. Retroactive Invoices The City will receive an invoice on September 1 that establishes a reliable estimate of the eventual contract payment. Edmonds City Council Approved Minutes December 6, 2016 Page 13 Packet Pg. 245 8.3.k Outstanding Issues The agreement includes language in Section 2.3 that FD1 may not be able to agree to. The current firefighters' shift is 24 hours and the schedule is one day on, one day off, one day on and five days off. Firefighters may trade days which results in straight 72 hour shifts. This was an issue for the City's negotiating team due to public safety concerns with working a 72-hour shift. Language in the contract states staff in Edmonds can only work a maximum 48-hour shift and if necessary, work a third day in another jurisdiction. This may need to be bargained and because the union does not want to give up the ability to have a 72-hour shift, FD 1 may not be able to agree to this provision in the agreement. Mayor Earling opened the public participation portion of the public hearing. Mayor Earling relayed that Council President Johnson, Mr. Taraday and he agreed to allow 30 minutes for testimony; due to the number of audience members present, he asked how many audience members planned to testify. In addition to 3 on the sign -in sheet, 8-9 indicated they wished to speak. Mayor Earling advised each would be allowed 3 minutes to testify. Laura Johnson, Edmonds, thanked the Council for reviewing emergency services to ensure the community is covered with superior service. As the mom of an EpiPen child, emergency services and response time are vital. Before taking camping trips, they locate emergency services and the hospital and have altered plans based on their availability. One of the deciding factors in purchasing a home in Edmonds was the proximity to emergency services and the hospital. The decision made in 2009 to contract with FD 1 was beneficial to the City; during 2009 negotiations, the Council made it clear they would not accept lowering the level of service, even as the City cut other costs due to the recession. After reading the proposal, she wondered what had changed. Rather than analyzing if a prudent decision was made in 2009, the review is geared toward cutting costs. Option 2 is a 20% reduction in FTE, going from 11 to 9, although it is packaged as enhancing service through cost cutting. She supported enhancement which may include reallocation of ALS personnel but enhancement via cost cutting reduction in personnel is rhetoric that has been tried before, often resulting in less than positive results. In this case, less than positive results could mean delayed response time and possibly death. Edmonds is growing, increasing the demand on emergency services and adding traffic which increases response time. The City is in a good financial position but that will not always be the case and she respected future planning. Cuts should begin at the bottom with less serious services, not at the top with vital life-saving services. The City currently has superior service including a 64% heart attack survival rate, one of the top in the nation. She understood that Option 2 adds additional life-saving personnel but it cuts three fire/BLS trained personnel which will have an effect on service. She concluded this was not an enhancement, it was a reduction, a reduction she was not comfortable with and one she urged the Council to reconsider. Sally Merk, Edmonds, a downtown resident for 29 years, expressed support for maintaining and possibly increasing fire station personnel. As Mr. Hoover noted in his comments to My Edmonds News, this pre-2001 standard is very inadequate. In 1997, she called 911 after her husband appeared to be having a heart attack, administering CPR while her 4-year old watched. The medic unit arrived 7 minutes later to her home 2'/z blocks from Station 17 because they were at another call. Going back to those standards could increase the risk of lives lost and another 4-year could lose a parent. Brian Borofka, Edmonds, said his brother-in-law is a firefighter and he appreciates the training, skills and risk firefighters take. Having said that, he referred to a letter to Council expressing his and his wife's support for Alternative 2. After reading the materials prepared by Mr. Taraday and Mr. James and reviewing the Fitch report, they believe Alternative 2 provides a precautionary approach that provides an adequate level of service as well as a monetary reduction. An in -home survivor of cardiac arrest, he assured he did not make that recommendation lightly. Looking at the risks and the needs the City faces, he and his wife recommend moving forward with Alternative 2. Edmonds City Council Approved Minutes December 6, 2016 Page 14 Packet Pg. 246 8.3.k David Williness, Edmonds, City of Kirkland firefighter, relayed Option 2 is a bad choice for the City. The City currently has four emergency response units in service; the recommendation is to reduce that to three, a significant reduction in available emergency resources. He was satisfied with either a dedicated medic unit or spreading medics between units, however reducing the four unit system to three units was a bad idea. This staffing change affects his family's ability to receive emergency medical and fire suppression services as well as affects firefighters in the City. Not having enough firefighters at a fire makes it more dangerous for the responding firefighters. He expressed support for maintaining current or increasing staffing levels. As an Edmonds taxpayer, he would put his dollars behind that support. A. J. Johnson, representing the firefighters, said when a study is commissioned and the original question is how to cut costs in public safety instead of what is the best public safety service we can afford, the result is a flawed study. Over the last week, he has corresponded with most Councilmembers and he appreciated their responses. However when Councilmembers reply that the proposed plan is an increase in service, he said they were 100% wrong. Edmonds' population as well as call volumes have increased over the past six years. He questioned the choice to cut public safety services, pointing out that as cities around Edmonds are planning for future population growth and trying to meet the needs of their citizens by adding staff to their Fire Departments, Edmonds is doing the exact opposite. Edmonds' location on Puget Sound is unique because another jurisdiction cannot respond from the west, making it very important to appropriately staff the downtown station. FD1 is proud of having one of the highest cardiac arrest survival rates. Fire personnel are not against single medic staffing but they are opposed to reducing staffing from 11 to 9. He urged the Council to reconsider. Drew Gardner, Edmonds, a firefighter/EMT on Whidbey Island, was shocked and saddened to learn about the proposed fire and medical service cuts the Mayor proposed. His department on Whidbey Island serves a population less than half Edmonds' population; they have two fully staffed medic units as well as engines and aid units that operate within the district 24/7/365. Over the last four years, the department has had a 25% increase in calls due to increasing residential population, similar to Edmonds and the rest of Western Washington. Their department is considering ways to add more positions to meet the increase in call volume and meet the community's needs. He urged the Council to think about Edmonds citizens' needs first; reducing first responder staffing is not an appropriate solution in balancing the City's budget. The City needs fire and medical services staffing maintained at current levels or increased at Stations 16, 17 and 20 to best serve the citizens of Edmonds. As a taxpayer, he urged the Council to consider his comments. Jolanda Matheson, Edmonds, referred to her email to Council stating her concern and appreciated the responses from Councilmembers Buckshnis and Mesaros. Although the proposal increases paramedics from two to three, she was concerned about the reduction in EMTs from six to three. She viewed this as a decrease in service and she did not understand why it would be done when the City's revenues are better than they were six years ago. Jim Matheson, Edmonds, said he served on the National Academy of Science Study of the Fukushima Daiichi nuclear disaster. Fukushima Daiichi played the statistics; statistically a tsunami would not happen so they did not prepare. A reactor to the north that prepared for disaster was undamaged and people sheltered there when the town was destroyed by a tsunami. He expressed concern with the methodology, relaying that at Fukushima Daiichi three reactors melted down; fire engines could not drive across the yard due to debris. Instead of a statistical response, he preferred to see disaster testing. He referred to a lecture at the library regarding the Cascadia Fault and suggested researching what would be needed in the event of an earthquake or train disaster. He feared being blindsided by a disaster when the study only considered business as usual. He referred to the Oakland fire and the amount of resources that would require. He suggested the recommendation be pressure tested against possible disaster scenarios to see which configuration performed best. Edmonds City Council Approved Minutes December 6, 2016 Page 15 Packet Pg. 247 8.3.k Blaire Lynn Scrouse, Edmonds, explained they moved to Edmonds 8'/z years ago from West Virginia because their son required extensive medical coverage; services unavailable on the east coast were available at Children's. Her son has 13 different diagnoses including autism and loves the Fire Department. When they came to this area, they did not expect to stay long; the last five years have been in Edmonds. When looking for a house, they drew a 20-minute circumference around Children's Hospital. They spent the next two years in an ambulance, at Children's emergency room, living at Children's or living in fear when they went out. Moving from Mountlake Terrace which has a great fire department, they were told how wonderful the Edmonds Fire Department was. She suggested the Council imagine a child having a seizure lasting over 10 minutes and no longer breathing and the ambulance, paramedics and firefighters cannot get their quick enough. She emphasized the importance of the Fire Department and the disservice the Council is doing to the community. She tells people to come to Edmonds because she believes it's a great place to live but the Council needs to prove they believe it's a great place to live by not making this proposed change. Susanna Martini, Edmonds, said she relies on the Fire and Police Departments to help her whenever something goes wrong. She and her 9-year old daughter were proud to live in Edmonds and although she does the best she can in her wheelchair, she could not image a life without the support of the Fire Department. She lives on 3rd Avenue and drove her wheelchair to tonight's meeting. She urged the Council to look into their hearts and think about raising taxes; she assured she and other taxpayers would be willing to pay more to support the Fire Department. Firefighters mitigate the public's trauma and she could not image how strong they have to be to deal with other human being's life and death and major traumas. As an Edmonds resident, she urged the Council to think about what is happening and keep these wonderful firefighters in Edmonds. Strom Peterson, Edmonds, said when he was on the Council in 2009, citizens' number one priority was not to reduce service in Edmonds. The Council heard that and worked with FD1 and Local 1828 to ensure service was not reduced and that has proven to be an excellent model to date. Reorganizing staff within stations is one thing, but reducing the number of staff from 11 to 9 is a reduction in service. After spending a day training with firefighter, he saw the incredible amount of human power required for even simplest call. The trains through the City represent impending disaster on the waterfront as does increased traffic, homelessness, drug addiction and mental health. Cutting public safety is a disservice to the firefighters as well as the citizens of Edmonds and the surrounding jurisdictions that the City has interlocal agreements with. He was impressed by the speakers tonight who give a personal and historic perspective. As the Council looks at the long term, he suggested looking at the possibility of future regionalization of fire service. If/when those negotiations happen, Edmonds needs to be negotiating from a position of strength, ensuring Edmonds has the fire service the City wants and the citizens demand. Mayor Earling declared brief recess. 10. STUDY ITEMS 1. DISCUSSION ON THE FIRE DISTRICT 1 INTERLOCAL AGREEMENT Mr. Taraday advised that FD 1 Board Chair FD 1 Jim McGaughey and Assistant Chief Brad Reading were present as resources. Councilmember Teitzel asked the difference between an EMT and a paramedic with regard to what they can/cannot do in an advance life service incident such as a severe coronary. Dr. Knight said basic life support (BLS) EMT can provide lower level acuity treatment plan such bandaging, stopping bleeding, CPR, etc. Across the country, the trend is to allow BLS to provide greater levels of care than they could 20 years ago. A paramedic provides advanced life support (ALS) and critical interventions such as inserting respiratory tubes, intratracheal intubation, pharmaceutical medicines and IVs, shocking patients, Edmonds City Council Approved Minutes December 6, 2016 Page 16 Packet Pg. 248 8.3.k etc., A paramedic provides more capabilities than BLS; the higher the acuity or the more serious a medical event is, the greater the need for intervention at the paramedic level. Councilmember Teitzel provided a scenario of someone in north Meadowdale having a critical medical event and an EMT is dispatched who does not have capability for injections, defibrillation, etc. and dispatching a paramedic from Station 17 would take several minutes. Dr. Knight said defibrillation can even be done by a lay person now automatic external defibrillators. The general premise is if a patient needs ALS care in a timely manner, EMTs would be unable to provide that. However, under the current system, plenty of treatment can be provided prior to the paramedic level. Councilmember Teitzel commented response time of a medic is improved via a better distribution of paramedics and they could cover BLS as well as ALS functions better than they are today. Dr. Knight agreed the overall coverage for ALS would be vastly improved with a three station model. Councilmember Mesaros referred to comments during public testimony regarding the ability to raise taxes to provide more resources to maintain or increase resources for fire services. Finance Director Scott James explained the deadline to raise property taxes for 2017 was November 30. Councilmember Mesaros provided a scenario where the paramedic unit at Station 17 is on a call and an issue arises in downtown Edmonds requiring ALS. Currently Station 14 or 19 would respond; he asked their typical response time for paramedic support. Mr. Knight said that information is in the report but it will be longer than with the current station plan. Councilmember Mesaros assumed that response time would be greatly improved if there were paramedics at Station 16 and 20. Dr. Knight agreed. Councilmember Mesaros referred to an email he received indicating an Edmonds citizen had gotten a response from Shoreline; he was unaware the City had an interlocal agreement with Shoreline to provide service in south Edmonds. Mr. Taraday explained Edmonds has auto aid agreements with all surrounding jurisdictions except Woodway who does not have any fire/EMS services. Councilmember Mesaros asked how often Edmonds provides support for other cities. Mr. Taraday agreed there are times when that occurs; the question is with all the paramedics concentrated at Station 17, they are not as able to quickly provide service further east. He assumed the City's paramedic response to other jurisdictions may be limited by virtue of where paramedics are currently located. He suspected by distributing paramedics evenly with one at each station, Edmonds would be in a better position reciprocate for ALS responses to neighboring jurisdictions the same as Lynnwood and Mountlake Terrace (FD1 Station 19) does with their paramedics. Councilmember Mesaros asked if there was a map of EMS calls in a year. Mr. Taraday advised there was a map for 2014 available at City Hall. Councilmember Nelson asked who was on the negotiating team for FED1. Mr. Taraday answered the team has been Board Chair McGaughey, Commissioner Meador, Chief Cockrum, Assistant Chief Reading, and FD 1's attorney. Councilmember Nelson asked who was on the City's negotiating team. Mr. Taraday answered it has been primarily himself and Mr. James with consultation with Mayor Earling and Dr. Knight. Councilmember Nelson asked Mr. Taraday if he had any firefighting experience Mr. Taraday answered absolutely not. Councilmember Nelson asked Mr. James if he had any firefighting experience. Mr. James said he did not. Councilmember Nelson observed the City was relying on Dr. Knight for firefighting experience. Mr. Taraday said when they felt any fire expertise was needed, they consulted with Dr. Knight. Board Chair McGaughey and Commissioner Meador are also former firefighters. Councilmember Nelson said they are looking out FD1's interests. Mr. Taraday said they are looking out for FD1's interests at a certain level but all firefighters are interested in protecting public safety. For example, when Alternative 3 was originally proposed, the District essentially refused to pursue it. Edmonds City Council Approved Minutes December 6, 2016 Page 17 Packet Pg. 249 8.3.k Councilmember Nelson asked Dr. Knight if he was a medical doctor. Dr. Knight responded he was not; his Doctorate is in curriculum and instruction with a minor in research and measurement, his Masters is in public administration, Bachelors in fire and safety engineering and he was a firefighters in St. Petersburg, Florida for 22 years. Councilmember Nelson commented the negotiations had been pursued privately with no Councilmembers present. Councilmember Nelson asked who showed up when an ALS call was received near Station 16 and Station 16 was available. Mr. Taraday answered Station 16 would be dispatched because it is the closest vehicle and if it was an ALS call, a second unit from Station 17 if they were available. Councilmember Nelson observed currently there were four units in the City; under the proposal there would be three units. With one paramedic call, staffing was down to one available unit. Mr. Taraday answered it depends on whether one or two units are dispatched. Councilmember Nelson asked if the standard was to have two paramedics respond. Mr. Taraday answered it was standard if they are available and he recalled one of the FD1 negotiators said 90% of the time one paramedic is sufficient and only in a rare instance are two paramedics needed versus a paramedic and 1-2 EMTs. Councilmember Nelson asked if standard policy was to dispatch two paramedics. Mr. Taraday answered that is the standard for a medic call but it is not required. Councilmember Nelson provided another scenario, a BLS call near Station 16 for a broken arm and Station 16 is available and asked who responds. Mr. Taraday answered under the new proposal, Station 16 would be dispatched. Councilmember Nelson observed under that scenario, a paramedic is responding to a BLS call, leaving two stations to respond to an actual ALS call. Councilmember Nelson summarized these scenarios illustrate the impact of reducing the units from four to three. Mr. Taraday said in the most recent scenario, there would still be two paramedics available. Currently if there Station 17 paramedics respond to a call, there are no paramedics available in the City; one ALS call wipes out the entire paramedic crew. Councilmember Nelson pointed out under the proposal, ALS units would be responding to BLS calls in Edmonds as well as in Lynnwood, Mountlake Terrace, and Brier, whereas now Station 17 is out of the way, inconvenient and responds primarily to Edmonds. Mr. Taraday explained FD1 dispatches according to automatic vehicle locator, always sending the closest unit. Mayor Earling appreciated that Councilmember Nelson wanted detailed information but it appeared he was grilling the lawyer. He welcomed general questions but not the debate that would result from trying to poke holes in the agreement. Councilmember Nelson pointed out Mr. Taraday is an attorney. Mr. Taraday welcomed the inquiry, assuring no one was trying to hide any of the details about the proposed change. Councilmember Nelson was asking important questions and he had no problem answering them. Councilmember Buckshnis said she was part of the consultant selection team; the reason for hiring a consultant was to have someone help the City understand. She asked the credentials of the people that helped develop options, prepare the report, etc. She assured then-Councilmember Petso, Councilmember Fraley-Monillas and she left no stone unturned regarding qualifications when interviewing. Dr. Knight said he began as a firefighter/paramedic and worked his way up the ranks through division chief of training, division chief of operations and division chief of EMS during his career and retired as an assistant chief. St. Petersburg is a quasi -metro size department, running about 60,000 calls a year, an ISO Class I department that is going through accreditation. He also worked for the accreditation group for the Commission on Fire Accreditation International through the Center of Public Safety Excellence for about 10 years while still with the fire service completing his degrees. He has been doing consulting full-time for approximately three years. Other members of the team that assisted include Dr. Bruce Moller, originally a police officer outside Chicago, who became the fire chief for Broward County, Florida which merged 13 different municipalities and the ambulance system, then a fire chief of a city similar to Edmonds' size, then serving as the city manager for 5-6 years before becoming assistant county administrator over public safety in Edmonds City Council Approved Minutes December 6, 2016 Page 18 Packet Pg. 250 another large county with a population of 1 million and 70 fire stations. The quantitative analysis was done by Dr. Gong Wong who has a PhD in operations research, finance was done by one of the budget director personnel from Miami Dade Fire Rescue and Guillermo Fuentes, the partner who oversaw the study, ran Montreal's EMS system, the 5th largest system in the world. Councilmember Buckshnis pointed out Edmonds was not Dr. Knight's first client. Dr. Knight said in accreditation and consultant he has done studies for approximately 30 cities and counties. Fitch & Associates currently has 13 projects in motion and has been doing public safety consulting for 30 years, has done work in all 50 states, 12 countries and every continent except Antarctica. Councilmember Buckshnis said Fitch's executive summary and data report is included in the packet. She clarified the City can no longer do the status quo because the status quo includes Woodway (Exhibit C) and Edmonds likely will be out of FD1 in two years. Mr. Taraday relayed the FD1 Board passed a motion last summer indicating they intended to negotiate all the contract cities in a manner to recoup the full cost of the service. He suggested Board Chair McGaughey could answer that question. Councilmember Buckshnis asked the amount of Woodway's share that the City would take on. Mr. James answered the contract gives the City the ability to subcontract with Woodway. Councilmember Buckshnis pointed out that was not an issue yet because Woodway would need two years to get out of their contract with Shoreline. If the Council moves forward with an alternative, the City must pay Woodway's share, approximately $983,000. Mr. James said the cost is based on 2014 because FD1 has not settled the contract with its labor unit. The current estimate is $800,000 and he estimated the status quo would be in the high $800,000s. Councilmember Buckshnis commented Alternative 2 was actually a hybrid, recalling an alternative was considered where firefighters would stabilize and FD1 would provide transport. Mr. Taraday said that was a supplemental medic unit that FD1 was originally considering. FD1 still needs to get over a hurdle with the union who is opposed to less than 24 hour shifts and does not want to allow peak hour medic units. Councilmember Fraley-Monillas asked who in management negotiates for the teamsters for Edmonds. Mr. Taraday answered HR Director Hardie and Sharon Cates, Lighthouse Law Group. Public Works Director Phil Williams said he also participates. Councilmember Fraley-Monillas asked whether Ms. Cates or Ms. Hardie had experience working in the sewage treatment plant. Ms. Hardie said no. Councilmember Fraley-Monillas said negotiators depend on the people they are negotiating with to get information. She asked who negotiates for the Police Department. Ms. Hardie said she currently serves as the lead, Ms. Cates, Chief Compaan and Assistant Chief Lawless also participate. Councilmember Fraley- Monillas asked if Ms. Cates or Ms. Hardie had any experience with animal control. Ms. Hardie answered not that she was aware of. Councilmember Fraley-Monillas asked if the chiefs had ever done animal control. Ms. Hardie answered it was possible. Councilmember Fraley-Monillas asked how staff determined the best way to negotiate a contract; did they assume what the animal control officer did or did they find out from the other side. Ms. Hardie answered it is a process, working with the management team as well as the union. Councilmember Fraley-Monillas said the City will never have people in negotiations who have done every job. She appreciated Dr. Knight's ability to answer questions and provide technical information. It was her understanding the fire commissioners have been very helpful to the City in providing information. She asked whether the City negotiates the effects of a reorganization with Local 1828. Mr. Taraday answered no, the City does not have a contract with Local 1828, FD1 does. Councilmember Fraley-Monillas asked who negotiates with Local 1828. Mr. Taraday answered it was his understanding negotiations was done by a lawyer but he was unaware who was on the negotiating team. Councilmember Fraley-Monillas assumed FD1 commissioners have some experience in fire services. Mr. Taraday answered two commissioners do. Councilmember Fraley-Monillas observed when FD1 is Edmonds City Council Approved Minutes December 6, 2016 Page 19 Packet Pg. 251 8.3.k negotiating with Local 1828, there is some experience at the table. Mr. Taraday assumed one of the chiefs or one of the commissioners is involved in negotiations but he did not know anything about their negotiation process or who was on the team. Councilmember Fraley-Monillas summarized it is not abnormal in a negotiation process for one side not to have experience in every aspect. Council President Johnson recalled Mr. James stating Woodway's cost was in the high $800,000s and it was previously stated FD1 was not interested in carrying that cost and all the costs must be covered by the contract cities. She felt it was a burden for Edmonds to cover the cost of another jurisdiction, Woodway. The proposal includes a provision whereby if Woodway returns to FD1, Edmonds could collect their contribution. Woodway would need two years to end their current contract with Shoreline. She asked if there had been any discussion about sharing the cost of Woodway with FD1 during the interim so it is not entirely the City's burden. That would result in a significant savings for Edmonds, up to $400,000/year. Mr. Taraday responded the primary focus in the negotiation was to contract for the right to subcontract to Woodway. That was felt to be an appropriate tradeoff given the additional cost the City was being asked to incur. There are other ways to approach problem and find a solution. He displayed the map of FD 1 and the three Edmonds stations, pointing out the only FD1 territory anywhere near these three stations is Esperance. The ask would be to for FD 1 to pay a share of these three stations which exceeds the amount attributable to Esperance. The City's strategy was to focus on trying bring Woodway back and acquire the right through negotiations to subcontract to Woodway so that Edmonds is in the driver's seat and has a higher likelihood of bringing the Woodway dollars back to help finance the three stations. Council President Johnson appreciated that in the long run but in the short term, it could cost the City $1.6 million ($800,000/year for the 2 years until Woodway gets out of their contract with Shoreline) to pay for service Woodway is not receiving. Mr. Taraday responded under Alternative 2, Woodway's share was $602,000/year. The City has the ability to stand on the existing contract rights and see what happens. Council President Johnson recalled Mr. Taraday saying that would result in the same negotiations. Mr. Taraday agreed that was his prediction. Council President Johnson accepted his analysis but was interested in reducing the cost so it was not a burden to Edmonds. One of the ways would be to share it with FD1 over the next two years. Mr. Taraday said that is essential what the City would be doing if a decision was made to stand on the existing contract rights. Council President Johnson asked if there was something in between that would only cost Edmonds half the amount to subsidize Woodway. Mr. Taraday said that was not pursued in negotiations, the focus in negotiations was the right to subcontract to Woodway. The City has the right to stand on the contract language and theoretically ride it out for two years. What happens at the end of two years is unknown; he did not foresee FD 1 would let that ride for two years. Council President Johnson understood the team negotiated the right for Woodway funds go into Edmonds General Fund but Woodway cannot do that without defaulting on their agreement with Shoreline. As a result, the cost of Woodway's contribution would be borne entirely by Edmonds for the next two years. Mr. Taraday agreed, commenting it could be argued that was appropriate given the areas served by Stations 16, 17 and 20. Mr. Taraday pointed out these issues dovetail nicely in that the City's utilization rate is currently quite low. The thinking was it would take some time to bring Woodway back but meanwhile, given these unit utilization rates, the City could pursue Alternative 2 while Woodway is brought back and the utilization will slowly increase. He anticipated by the time utilization rates reached the point where capacity needed to be added, it was likely Woodway would be back and essentially whatever service was needed could be added with Woodway's revenues to help pay for it. Council President Johnson asked the cost to Edmonds for the next two years to pay Woodway's portion. Mr. Taraday answered their share of the station labor costs under Alternative 2 are $602,000/year. Council President Johnson commented that was almost the cost of reorganizing Station 17. Edmonds City Council Approved Minutes December 6, 2016 Page 20 Packet Pg. 252 8.3.k Councilmember Nelson referred to the comparison of labor contracts to this interlocal agreement, pointing out that was comparing apple to oranges. Labor contracts and job classifications are not comparable to the type of fire service the City wants, fire engines and paramedic and how they operate, call times, turnout times, etc. He referred to Mr. James' October 2014 comments in My Edmonds News that Edmonds has a unique service model that other cities do not, a dedicated paramedic unit. Dedicated paramedic unit costs more and it's possible Edmonds could receive the same level service without the extra expense. That's good common sense. Councilmember Nelson pointed out Mr. James was talking about getting rid of Medic 17 before Fitch conducted the study and now the recommendation was to get rid of Medic 17. Mr. James explained when the City received the retro bill, it opened the door for discussion about how to mitigate this huge cost. FD 1 offered to change the paramedic service, indicating there was no study showing the levels of service Edmonds was providing. When Edmonds signed the contract with FD1, it was a prescriptive move, the existing levels of service. He recalled Medic 7 was originally operated through Stevens Hospital; when Medic 7 disbanded, Edmonds took on the paramedic service without benefit of a study substantiating the need for a dedicated paramedic unit at Station 17. Then -Chief Widdis acknowledged without benefit of a study, the City may be over capacity and one way to save money would be to reallocate the paramedic to three stations, essentially disbanding 17. Councilmember Nelson said the primary reason this idea came up was the cost. Lynnwood has a dedicated paramedic; FD1 has a dedicated paramedic unit, Medic 11, the busiest medic in the district; and King County has world renowned Medic 1. Mr. James said the demands in those areas are different than Edmonds. He referred to standards of coverage in the contract, FD1 has been unable to meet many of the fire response standards, and the contact indicates FD1 will work on those standards. Mr. Taraday said those standards have historically not been met by the City's Fire Department or by FD1. He was unclear where those standards came from as they do not appear to be realistic, similar to FD1's adopted standard turnout time of 2:15 and their actual is 2:41. There is always an effort to reach the standard but they are frequently not met and he did not have an explanation for that. Councilmember Nelson observed the contract was proceeding with the idea that the standards for fire response have not been met in the past and there are no plans to meet them in the future. Mr. Taraday said FD1 will do the best job possible to respond quickly. Councilmember Nelson pointed out there is nothing holding them accountable. Mr. Taraday said there was discussion about moving to performance based standards; one of Fitch's overarching recommendations was instead of prescribing the number of positions, to move to a pay for performance based standard. Everyone thought that was a good idea but a lot of work would be required to develop a realistic performance based standard, one that was so consistently achievable that if it was not met, there would be a financial consequence. The parties are not in position to do that now but no one is abandoning that effort and ultimately want to get to that. Councilmember Nelson wanted to reach that sooner than later. Councilmember Nelson said the issue has always been about cost. In reading the Fitch study he repeatedly saw phrases such as realize savings, original cost productions, financial beneficial, fiscal analysis, value based analysis, explore fiscal efficiencies, no cost option, equivalent value, at no cost, minimal no cost options, provide the greatest return on investment, contain costs, reduction in expenditures, significant fiscal benefit, fiscal advantage, cost free. He compared the report to a stock prospective due to the number of references to return on investment. He was concerned the primary issue seemed to be cost. He referred to the cost for Woodway, $1.36 million and the $700-800,000 Edmonds would be on the hook for. Mr. Taraday referred to Exhibit C that would apply under proposed Alternative 2. Woodway's share of station staffing cost was calculated by multiplying Station Staffing Cost, $6,601,270, by 9.13%. Woodway's share of the total is calculated by multiplying the total Suppression/EMS Contract Cost $8,231,586 by 9.13%. He agreed it was a lot of money. Councilmember Nelson proposed a scenario, in two years Woodway no longer contracts with Shoreline and agrees to subcontract with Edmonds and asked how much money that represented. Mr. Taraday said Edmonds City Council Approved Minutes December 6, 2016 Page 21 Packet Pg. 253 8.3.k the City gets to decide; he anticipated it would be slightly less than what Shoreline charges Woodway today. Councilmember Nelson commented that large amount may only exist for 1-2 years and it would be significant less to have the status quo assuming the City subcontracts with Woodway. Mr. Taraday said his assumption was not necessarily that the City would fully recoup what was formally known as Woodway's share, the 9.13%, because that may not be a price Woodway was willing to pay. He suggested Edmonds would be in a position to drive a bargain that Woodway would be hard pressed to refuse. Councilmember Tibbott referred to the UHU chart and asked how current it was. Dr. Knight answered 2014. Councilmember Tibbott asked if there was any indication of increase in the past two years. Dr. Knight answered overall growth was fairly flat in the last two years, less than 2%. He acknowledged two years was a short snapshot. Typically Fire Department's increase 3-5%/year nationally so 5% is a more reasonable projection. Councilmember Tibbott asked if Woodway was part of the service area in 2014. Dr. Knight answered no. Councilmember Tibbott asked how the proposed configuration of ALS at three stations compared to other stations in FD1. Board Chair McGaughey answered with the exception of Station 11 in the far north, FD1 has a paramedic and EMTs at every station. Councilmember Tibbott asked how many firefighters that represented. Assistant Chief Reading said every station has a minimum of one paramedic, a captain, and an EMT, sometimes two paramedics depending on staffing. Station 11 near Mariner High School has five staff, a dedicated medic unit with a minimum one EMT and one paramedic and an engine with three people including one medic. Station 10 and 21 have peak activity units 12 hours/day to assist with call load and they each have a paramedic and a firefighter. Councilmember Tibbott asked how FD1 was able to have 12-hour shifts at those stations. Assistant Chief Reading answered with great difficulty, they are currently bargaining that with the labor group. Councilmember Tibbott asked how well Alternative 2 would service Edmonds as it related to having ALS distributed around the City and response times. Assistant Chief Reading answered distributing paramedics among stations is done in the rest of the district and the Commission feels that is a better way to provide the service. Conversely, any time a unit is eliminated, it reduces staffing within the City. Councilmember Tibbott commented there would also be a reduction in the service area. Assistant Chief Reading advised Woodway has not been part of the service area since 2012. Councilmember Tibbott commented the City is looking for a way to right size forces. Distributing ALS services may be a way to serve the City in a superior way. Assistant Chief Reading said ALS at every station is the way FD1 is configured and they feel it provides a good level of service. The City's service level is determined by the City Council and FD 1 tells the City how much that costs. Councilmember Tibbott was concerned about the possibility of increased population particularly if Woodway returned. Of the three existing stations, two appear to be in great locations and one is not the best. He asked which of the three would be the best location for a fourth unit or was there another location for a fourth unit. Assistant Chief Reading said near Stevens Hospital would be a good location for a medic unit, either a peak unit or a full-time unit due to the call load in that area. Assuming continued growth of residential and commercial on Highway 99, Councilmember Tibbott asked what future service requirement could be anticipated in 5-10 years. Assistant Chief Reading said there are openers in the contract as Edmonds grows. One of the issues with taller development is ladder response and dedicated ladders. Edmonds has a cross -staffed ladder aid car at Station 20. There may be a need for a dedicated later at some point in the south end to help with high-rises. Councilmember Fraley-Monillas commented she was elected on the first day the City no longer owned its Fire Department. She agreed the issue was cost; hiring Fitch & Associates was the result of the City's Edmonds City Council Approved Minutes December 6, 2016 Page 22 Packet Pg. 254 receipt of a $1.9 million bill and the Council's interest in determining whether there was a better way of doing business. Early discussions included the City restarting its own Fire Department and the associated costs, contracting with another Fire Districts such as Lynnwood. Where the discussion finally landed was figuring out what to do and maintaining FD1. The biggest issue is Woodway and she was unsure the contract would have been renegotiated if Woodway had not left. FD1 negotiated a contract with Woodway that allowed them an easy out. There were no provisions in the contract that Edmonds would pick up the cost of Woodway if they left. Woodway leaving also impacted the $1.9 million bill the City received. One of the options is a public safety levy to fund the Fire and Police Departments. Cuts have been made to the Police Department in the past and before FD 1 took over the Fire Department, there were cuts to the Fire Department due to a lack of funds to pay for services. Costs are increasing; labor costs are approximately 80% of the Fire and Police Department budgets. She anticipated the only way to cover the increasing cost was a public safety levy. In the past, the City put a three-part levy on the ballot; all three failed because the City did a poor job publicizing them. The City needs to find ways to provide public safety, roads, and basic necessities such as stormwater and water via a public safety levy. If the City wants rich services in police or fire, there needs to be a funding mechanism. Citizens are not paying enough in taxes to afford really good, safe, secure public safety. Councilmember Buckshnis said to her it was not about the financial analysis but understanding how firefighters work. In 2009 she was a citizen proponent of not selling the City's Fire Department to FDL She disagreed the Fitch report read like a prospectus; it talks about the number of Edmonds incidents, percentage of fire incidents, average calls, what firefighters do. This is a very emotional situation and because she is not a firefighter, she needed to understand how hard firefighters work, the number of calls, etc. The annual reports FD1 provides do not provide the details that the Fitch report provided. She encouraged the public to read Fitch's final report which provides the Council the tools to make good decisions. Councilmember Buckshnis pointed out FD1's attorney is also present tonight. She assured this has been a collaborative effort for a long time; the Council is trying to trying to figure out the best thing for the City and the firefighters in the short and long term. Councilmember Teitzel relayed he was impressed with FD1 and the quality of service they provide. If the Council approved the reduction of two staff in Alternative 2, he asked whether those individuals could be reassigned within FD1 or would there be a reduction in head count at FD1. Mr. Taraday said his understanding is those positions are easily absorbed elsewhere in the District and no one would lose their job as a result of this change. Mayor Earling asked whether staff planned to meet with the FD1 representatives again before next week. Mr. Taraday said no meeting is scheduled, but he anticipated some edits from FD1 on the last draft. Assuming the City Council is in favor of this proposal, ideally final action would be taken next week. He requested the Council provide a sense of whether they wanted to continue with Alternative 2 and staff will bring the agreement back next week for a motion on the contract and any amendments. It was his understanding FD1 has requested the Council reach agreement so the new agreement could be effective January 1, 2017. Mr. Taraday suggested Councilmembers pose any technical fire response type questions tonight as Dr. Knight will not be present next week. Dr. Knight commented as an outsider to the process, he commended the Council for their transparent, open process. The team worked with City staff, met with Councilmembers, worked with Chief Widdis to ensure FD1 had advance notice of anything that was presented publicly, and a presentation was made to the FD1 Board. The reported looked at the services, applauded FD1 on providing high level services and found no deficiencies in the service delivery models, but identified potential opportunities for changing the status quo. He recognized this change was challenging and emotional. The Council could be assured it had been done in a highly professional and transparent manner. Edmonds City Council Approved Minutes December 6, 2016 Page 23 Packet Pg. 255 COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Fraley-Monillas asked whether it was absolutely imperative that the agreement be in place by January 1, 2017. Mr. Taraday said he could not speak for what FD1 would do if the agreement was not in place this month. A fair amount of the details in the agreement assume service starts under the new model on January 1, 2017 so significant redrafting would be required if it did not. He discouraged delaying the approval of the agreement for a few weeks without a compelling reason and was uncertain what additional information would be needed as the report was quite thorough. He understood it was a difficult decision. Councilmember Fraley-Monillas preferred to have a discussion with Council about a public safety levy anticipating a levy could be completed in a year. Mr. Taraday asked if Councilmember Fraley-Monillas' thought was to proceed with the levels in Alternative 2 and if a levy passed, the City could add service. If the levy did not pass, the voters will be saying they do not want to pay for a higher level of service. Councilmember Fraley-Monillas agreed that was her thinking. Mr. Taraday said a final draft will be presented to Council for possible action next week. 3. 2016 4TH QUARTER BUDGET AMENDMENT Mr. James reviewed the 4th Quarter Budget Amendment: 6 Decision Packages o Additional costs identified in the replacement of Frances Anderson Center band shell - $62,275 o Bond refunding savings - $367,000 o Deputy City Clerk out of class pay - $4,120 o Waterfront Access Study - $50,000 o City did not receive a grant from Snohomish County Tourism — $40,000 o Economic Impact Study of the arts in Edmonds - $20,000 $888,526 in revenues $1,032,008 in expenditures $143,482 decrease in fund balance COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE 4TH QUARTER BUDGET AMENDMENT. MOTION CARRIED UNANIMOUSLY. 4. PROSECUTOR'S CONTRACT RENEWAL Human Resources Director Mary Ann Hardie advised the current contract expired at the end of 2015 with a 1-year extension to December 31, 2016. HR along with Sharon Cates, Lighthouse Law Group, has been negotiating the prosecutor's contract with Zachor Thomas. This will renew the contract for two years with a $50,000 increase in 2017 and a $58,000 increase in 2018. Procedural changes in the court, in the indigent defense standards, and caseloads has result in increased prosecution service costs. It is further recommended that the City publish an RFP for prosecutor services by the end of 2017 or early 2018. Councilmember Mesaros recalled when the City renewed the City Attorney's contract, a process for evaluating their performance was established. He suggested doing the same for the prosecuting attorney and to include the evaluation system in the RFQ. Ms. Hardie agreed. Councilmember Tibbott said one of the messages he heard was the system has changed and there are more requirements. New information tonight was the State Supreme Court requires the defense attorney Edmonds City Council Approved Minutes December 6, 2016 Page 24 Packet Pg. 256 8.3.1 SOUTH COUNTY FIRE ANNUAL COMPLIANCE REPORT CITY OF EDMONDS 2020 BACKGROUND On November 28, 2006, the City of Edmonds City Council adopted Resolution No. 1133, adopting the performance, policy, standards, and objectives outlined in the Washington State Legislature Substitute House Bill 1756, as the Edmonds Fire Department's emer- gency resource deployment and response time objectives. On November 2, 2009, the City of Edmonds City Council approved an Interlocal Agree- ment with Snohomish County Fire District 1 (SCFD1) transferring Fire and Emergency Medical Services responsibilities to SCFD 1. NOTE: As of October 1, 2017, Snohomish Countv Fire District 1 became South Countv Fire (RFA) and is referred to as South County Fire in this compliance report. Section 2.5 of the Interlocal Agreement requires South County Fire to report to the City performance standards as identified in RCW 35.103. The following constitutes this reporting requirement: 2020 COMPLIANCE REPORT CONTENTS As required by SHB 1756, the 2020 Compliance Report includes four Sections: • Section 1: Edmonds Municipal Code Chapter 2.12 Fire Department. • Section 2: South County Fire Policy Statements. • Section 3: Comparison of 2019 response times to each adopted response stand- ard. • Section 4: An explanation of why Council -adopted standards were not met, the predictable consequences of failing to meet adopted standards, and steps necessary to correct deficiencies in order to achieve compli- ance. SECTION1.........................................................................................2 SECTION2.........................................................................................3 SECTION3.........................................................................................4 SECTION4.........................................................................................8 Packet Pg. 257 8.3.1 SECTION 1 EDMONDS MUNICIPAL CODE Chapter 2.12 FIRE DEPARTMENT Sections: 2.12.010 Fire service. 2.12.020 Pre-existing rights and obligations not impaired. 2.12.010 Fire Service. Fire service is provided to residents of the City of Edmonds by and through a contract with South County Fire. Whenever any reference is made in the provisions of the Edmonds City Code (ECC) or Edmonds Community Development Code to "fire chief," "fire marshal," "fire department," or any other reference to a firefighter or fire services, such term shall include, for the provision of admin- istrative or other day-to-day fire services, to reference the fire chief, fire marshal and firefighting services performed for the City by contract by South County Fire. A. The officials of South County Fire, when performing services by contract to the citizens of the City of Edmonds and to the city in its corporate capacity, shall exercise any and all rights, duties, obligations and responsibilities in accordance with the provisions of this code to the same extent and in the same manner as if performed by an employee of the City. B. Employees of South County Fire shall not be entitled to any wage or benefit provision of this code, including but not limited to Chapters 2.06 and 2.35 ECC. The Edmonds civil ser- vice system shall remain in effect, but no employee of South County Fire shall have re- course to the Civil Service Commission following the termination date of fire department employees by the City. [Ord. 3762 § 2, 2009]. 2.12.020 Pre -Existing Rights and Obligations Not Impaired. The City Council's determination to contract or not contract for fire services with South County Fire and the provisions of this chapter shall not impair any existing vested right or vested obliga- tion created under the provisions of state law or under Chapter 2.50 ECC, Firemen's Relief and Pension System, Chapter 2.60 ECC, Reserve Fire Fighters' Relief and Pensions Act, Chapter 2.70 ECC, Retirement System, and Chapter 10.30 ECC, Disability Board, as well as the City's MEBT plan. The rights of any person under such system vested prior to the transfer of fire service responsibility by contract shall remain in full force and effect and are not impaired by either such or the adoption of this chapter. [Ord. 3762 § 2, 2009]. 2 Packet Pg. 258 8.3.1 SECTION 2 POLICY STATEMENTS The Fire Department maintains written policy statements that establish the following: 1. The existence of the Fire Department is verified by Municipal Code 2.12. X meets requirement does not meet 2. Services that the Fire Department is required to provide are addressed in the Inter - local Agreement for Fire and Emergency Medical Services. X meets requirement does not meet 3. The basic organizational structure of the Fire Department is as depicted in the SCF Organizational Chart approved by the Fire Chief. X meets requirement does not meet 4. The number of Fire Department employees on duty daily in 2019, at the Edmonds stations, is 9 personnel as outlined in the Interlocal Agreement for Fire and Emer- gency Services, and as adopted by South County Fire Board of Fire Commissioners as part of the 2019 SCF Budget. X meets requirement does not meet 5. The functions Fire Department employees are expected to perform are listed in the Interlocal Agreement for Fire and Emergency Medical Services, and in the 2020 South County Fire Budget. X meets requirement does not meet Packet Pg. 259 8.3.1 SECTION 3 STANDARDS of RESPONSE COMPARISON (STANDARD OF COVER) To measure the ability to arrive and begin mitigation operations before the critical events of "brain death" or "flashover" occur, the Fire Department is required to establish re- sponse -time objectives and compare the actual department results on an annual basis against the established objectives. The comparison began in 2007 with a comparison of the established response objectives against actual 2006 response times for the levels of response. This year, actual 2020 response time data is compared against the originally established, Council -adopted 2006 standard. The following section provides the compar- ison: Turnout time for all emergency incidents: Turnout Time Standard: The Fire Department has adopted a turn out time standard of 2:45, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did meet the turn out time objective 90 percent of the time; 90 percent of the Fire Department incidents experienced a turn out time of 2:34 minutes/seconds. 2A. Response time of the first -arriving Engine Company to a fire suppression Inrident- Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first engine company at a fire sup- pression incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did not meet the response time objective 90 percent of the time; 90 percent of fire sup- pression incidents had the first engine arrive at the scene within 6:50 minutes/seconds of response time. 2B. Response time for the deployment of full first -alarm assignment to a residential fire suppression incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 7:45 for the arrival of the full complement of a first alarm re- sponse to a residential fire suppression incident, which the department should meet 90 percent of the time. The Fire Department has adopted a first alarm re- sponse of 15 firefighters. Actual Department Comparison for the Year 2020: The Fire Department did not meet the full deployment response time objective 90 percent of the time; 100 percent of fire suppression incidents had the full deployment of first alarm re- sponding personnel and equipment arrive at the scene within 8:39 minutes/seconds of response time. There were 4 incidents in 2020 (5:00, 6:49, 7:25, and 8:39). 4 Packet Pg. 260 8.3.1 2C. Response time for the deployment of full first -alarm assignment to a commer- cial fire suppression incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 9:00 for the arrival of the full complement of a first alarm re- sponse to a commercial fire suppression incident, which the department should meet 90 percent of the time. The Fire Department has adopted a first alarm re- sponse of 18 firefighters. Actual Department Comparison for the Year 2020: The Fire Department did not meet the full deployment response time objective 90 percent of the time; 100 percent of fire suppression incidents had the full deployment of first alarm re- sponding personnel and equipment arrive at the scene within 12:00 minutes/seconds of response time. There were 3 incidents in 2020 (8:07, 9:44, and 12:00). 3. Response time of the first -arriving unit with a first responder (BLS) or higher - level capability to an emergency medical incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 5:15 for the arrival of the first emergency medical unit with ap- propriately trained personnel on board (BLS) to an emergency medical inci- dent, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did not meet the response time objective 90 percent of the time; 90 percent of emer- gency medical incidents had the first -arriving first responder (BLS) arrive at the scene within 6:31 minutes/seconds of response time. 4. Response time for the arrival of an advanced life support (two Paramedics) unit to an emergency medical incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:45 for the arrival of an Advanced Life Support unit with ap- propriately trained personnel (two Paramedics) on board to an ALS emergency medical incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did meet the response time objective 90 percent of the time; 90 percent of emer- gency medical incidents had the Advanced Life Support (two Paramedics) unit arrive at the scene within 6:13 minutes/seconds of response time. 5A1. Response time of the first -arriving apparatus with appropriately trained and equipped Hazardous Materials Operations level personnel onboard to a haz- ardous materials incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first unit with appropriately trained and equipped Hazardous Materials Operations level personnel on board to a Packet Pg. 261 8.3.1 hazardous materials incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did not meet the response time objective 90 percent of the time. 100 percent of haz- ardous materials incidents had trained and equipped Hazardous Materials Op- erations level personnel arrive at the scene within 11:01 minutes/seconds of response time. There were 4 incidents in 2020 (2:47, 4:08, 6:20, and 11:01). 5A2. Response time of the first -arriving apparatus with appropriately trained and equipped Hazardous Materials Technician level personnel onboard to a haz- ardous materials incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 12:00 for the arrival of the first unit with appropriately trained and equipped Hazardous Materials Technician level personnel onboard to a hazardous materials incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did meet the response time objective 90 percent of the time; 90 percent of hazard- ous materials incidents had trained and equipped Hazardous Materials Techni- cian level personnel arrive at the scene within X:XX minutes/seconds of re- sponse time. There were zero incidents in 2020. 5B1. Response time of the first -arriving apparatus with appropriately trained and equipped Technical Rescue Operations level personnel on board to a technical rescue incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first unit with appropriately trained and equipped Technical Rescue Operations level personnel on board to a technical rescue incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did not meet the response time objective 90 percent of the time; 90 percent of tech- nical rescue incidents had trained and equipped Technical Rescue Operations level personnel arrive at the scene within 7:13 minutes/seconds of response time. 5B2. Response time of the first -arriving apparatus with appropriately trained and equipped Technical Rescue Technician level personnel on board to a technical rescue incident: Response Time Standard: The Fire Department has adopted a response/travel time standard of 12:00 minutes for the arrival of the first unit with appropriately trained and equipped Technical Rescue Technician level personnel on board to 6 Packet Pg. 262 8.3.1 a technical rescue incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did not meet the response time objective 90 percent of the time; 100 percent of tech- nical rescue incidents had trained and equipped Technical Rescue Operations level personnel arrive at the scene within 15:45 minutes/seconds of response time. There were four incidents in 2020. (14:09, 14:54, 13:37, and 15:45) 6. Response time of the first -arriving apparatus with appropriately trained and equipped Marine Rescue and Firefighting personnel on board to a marine inci- dent: Response Time Standard: The Fire Department has adopted a response/travel time standard of 6:30 for the arrival of the first unit with appropriately trained and equipped Marine Rescue and Firefighting personnel on board to a marine incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2020: The Fire Department did not meet the response time objective 90 percent of the time; 100 percent of marine incidents had trained and equipped firefighting personnel arrived at the scene within 10:24 minutes/seconds of response time. There were four incidents in 2020. (00:40, 06:42, 05:07, and 10:24) 7 Packet Pg. 263 8.3.1 SECTION 4 COUNCIL -ADOPTED STANDARDS NOT MET SHB 1756 requires an explanation when Council -adopted standards are not met, the predictable consequences of failing to meet the adopted standards, and the steps nec- essary to correct deficiencies in order to achieve compliance. PERFORMANCE STANDARDS NOT MET The Council -Adopted 2006 performance standards that were not met in 2020 are: 2A. Response time of the first -arriving Engine Company to a fire suppression Incident: Established: 6:30 Actual: 6:50 2B. Response time for the deployment of full first -alarm assignment to a residential fire suppression incident Established: 7:45 Actual: 8:39 2C. Response time for the deployment of full first -alarm assignment to a commer- cial fire suppression incident: Established: 9:00 Actual: 12:00 3. Response time of the first -arriving unit with a first responder (BLS) or higher - level capability to an emergency medical incident: Established: 5:15 Actual: 6:31 5A1. Response time of the first -arriving apparatus with appropriately trained and equipped Hazardous Materials Operations level personnel onboard to a haz- ardous materials incident: Established: 6:30 Actual: 11:01 5131. Response time of the first-arrivina aDparatus with aDDroDriately trained and equipped Technical Rescue Operations level personnel on board to a technical rescue incident: Established: 6:30 Actual: 7:31 8 Packet Pg. 264 8.3.1 5B2. Response time of the first-arrivina aaoaratus with aoarooriately trained and equipped Technical Rescue Technician level personnel on board to a technical rescue incident Established: 12:00 Actual: 15:45 Packet Pg. 265 8.3.m EDMONDS CITY COUNCIL VIRTUAL ONLINE MEETING APPROVED MINUTES March 23, 2021 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Susan Paine, Council President Adrienne Fraley-Monillas, Councilmember Kristiana Johnson, Councilmember Luke Distelhorst, Councilmember Diane Buckshnis, Councilmember Vivian Olson, Councilmember Laura Johnson, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Michelle Bennett, Acting Police Chief Shane Hope, Development Services Director Kernen Lien, Environmental Programs Mgr. Jeff Taraday, City Attorney Scott Passey, City Clerk Dave Rohde, GIS Analyst The Edmonds City Council virtual online meeting was called to order at 7:00 p.m. by Mayor Nelson. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Olson 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. 4. PRESENTATION 1. INTELLECTUAL/DEVELOPMENTAL DISABILITIES AWARENESS MONTH PROCLAMATION Mayor Nelson read a proclamation proclaiming the month of March as Intellectual/Developmental Disabilities Awareness month in Edmonds, Washington, and asking its residents to recognize and include in all activities our community members with intellectual and developmental disabilities. Chris Brandt, AtWork!, thanked the City for recognizing that people with intellectual and developmental disabilities have much to contribute to Edmonds by proclaiming March Intellectual/Developmental Disabilities Awareness Month. AtWork! has supported over 300 people in getting good jobs that matched Edmonds City Council Approved Minutes March 23, 2021 Page 1 Packet Pg. 266 8.3.m their strengths and abilities. In the last couple of years, AtWork! has expanded to provide services in Snohomish County and are working hard to support people with disabilities who live here to be fully included as equal citizens and are looking forward to doing more work in Edmonds. They get people jobs and support them to utilize their talents to be top notch employees and help businesses get their essential work done. Ms. Brandt explained during the pandemic, job coaches supported people with disabilities, many of whom are essential workers in grocery stores, restaurants and other small businesses, to keep their jobs, to learn how to use PPE and to learn new techniques for pandemic safety and protocols. Now that the state is phase 3, AtWork! is supporting more people returning to work every day and working with local businesses to identify their needs and match them with the interests, strengths and dreams of persons with disabilities who really want to work hard to make a difference in addition to helping communities build inclusive workforces. As Edmonds proclaims, being included, making a contribution, and having a full and meaningful life are important to everyone. AtWork! supports people with disabilities to find their place within the community where they can be part of things, a club, a senior center, a volunteer group, an employer, a business, and they are excited to continue to find those places in Edmonds and to bring the robust richness of opportunity, relationships, inspiration and hope that true inclusivity promises. Shayne Nagel, Director, ARC Snohomish County, was honored and thankful for this opportunity by Mayor Nelson and Edmonds City Council. ARC is the resource of first choice for individuals with developmental disabilities and their families regardless of their disability and at all stages of life. There are 10 ARCs in Washington State and 650 around the country. In Washington State, ARCS fiscal investment ranks 41 st in the country, so the support that individuals receive is not great. Many people do receive support, but there are also 1200 people waiting for help. The proclamation is a great step towards Edmonds looking at the importance of people with developmental disabilities and providing support to them. ARC provides many resources and support to families desperate to receive support services. The support ARC provides is important for every member of the family including siblings, mom, dad, etc. which is why the proclamation is so important. She raised her daughter who has severe autism in Edmonds and while it felt there would never be a chance for her to be independent, they finally got there and she is doing well. Her daughter was why she got involved with ARC and to ensure in Edmonds and across the county and country that opportunities are being provided to the most vulnerable. Councilmember Fraley-Monillas explained her son Dominic, now 29 years old, continues to lives at home because placement is currently not an option because there is there isn't a placement option for someone with his skills. She appreciated the City recognizing Intellectual Disabilities Month, and that the City plans to look for opportunities for people with intellectual disabilities to work for the City. Her son is currently cleaning COVID; he is good at it and it works well for him. She appreciated the City and the community looking at creating more jobs for people with intellectual disabilities. She noted the Cheesemonger was always good at hiring people with intellectual disabilities, but the owners, Maria Montalvo and Strom Peterson, are closing their shop. She had high hopes that other businesses in Edmonds would be interested in having people with intellectual disabilities work for them. She thanked Mayor Nelson for the proclamation, commenting it shines a light on the people with disabilities in the City. She commented her son pays attention to the issues and votes. Ms. Nagel commented independence is important but it is also important to feel included in your community. She suggested when you see a family or a parent, ask if they need a hand. Ms. Brandt suggested saying hi, how are you doing today? 5. JOINT MEETING 1. ANNUAL JOINT MEETING - SOUTH COUNTY FIRE BOARD OF COMMISSIONERS Edmonds City Council Approved Minutes March 23, 2021 Page 2 Packet Pg. 267 8.3.m Thad Hovis, Fire Chief, South County Fire, said he appreciated the Council having the proclamation on the agenda, recognizing this important issue affects many in the local communities; he and two other chiefs have children with lifelong developmental disabilities. He introduced Assistant Chiefs Jason Isotalo and Mike Fitzgerald; Deputy Chiefs John Chalfant, Bob Eastman, and David Wells; IT Manager Mike Vermeulen; HR Director Sandra Hollenbeck; and South County Fire Board of Commissioners Greg Urban (Chair), Chris Teofilak (Vice Chair), Drew Burnett, David Chan, Jim Kenny and Bob Meador. (Commissioner Mark Laurance was not present.). Chief Hovis explained tonight's presentation will provide answers the Council asked during the presentation of the 2020 annual report and the 2020 City of Edmonds annual compliance report last month as well as a brief update on COVID-19 vaccination efforts in Edmonds. He reviewed: • Vaccination Update o Adult family homes: All 23 adult family homes that SCF was assigned in Edmonds are fully vaccinated with first and second doses. o Homebound individuals: South County Fire, in partnership with the City of Edmonds Human Services and Parks, Recreation and Cultural Services divisions identified homebound individuals. More than 30 homebound residents have been vaccinated and more to follow in the coming weeks. o Today we assisted the National Guard to vaccinate more than 60 residents at Ballinger Court senior living. o Up next: We will conduct pop-up clinics, in partnership with Homage, at Plaza 44 and other older adult communities in the City of Edmonds. SCF staff responded to questions asked at the February 23, 2021 presentation: How many female firefighters are employed by South County Fire? How does that compare with the national average? SCF HR Director Sandra Hollenbeck reviewed: Diversity Overview o Progress since the formation of the RFA. ■ Increase in female firefighters ■ Increase in firefighters of color ■ Increase in overall diversity: sexual orientation, religion, national origin, age, disabilities, etc. o Low turnover rates among uniformed staff* ■ 92% of departures have been for retirement or medical ■ 1 female and no non -white employees have departed for reasons other than medical. o Firefighters Hires FD1: 2014-2017 (prior to formation of RFA South County Fire since formation of SCF -5% female -12% female -10% non -white -21% non -white ■ FD1 - 2014-2017 - White, male - 95% - Non -white, female - 5% ■ SCF - Since 2017 - White, male -70% - Non -white, female - 30% o South County Fire vs. National Average SCF Firefighters National Avg Career Firefighters Edmonds City Council Approved Minutes March 23, 2021 Page 3 Packet Pg. 268 8.3.m 7% female 4% female 10% non -white 18% non -white o Captains/MSOs ■ Female compared to non -white - 2017 • 1.5% female • 0% non -white • 6% female • 4.5% non -white o Continuous Efforts ■ Continue analysis ■ Source b Candidate Pool *Interviews *Hired ■ Track new hire level of success ■ Analyze, modify, test again o Leadership and promotions Chief Hovis recognized the elected Board of Commissioners for their support of the diversity initiative and the work done by Ms. Hollenbeck and her team. When does Edmonds assist with response to hell) other stations outside the citv? Please show the number of exchanges of services between cities. • Neighboring Unit Utilization Factor (NUUF) 2018 2019 2020 Mountlake Terrace 133% 130% 157% Lynnwood 202% 210% 252% RFA 148% 162% 197% o Neighboring fire units respond into Edmonds more than Edmonds units respond into neighboring jurisdictions ■ Mountlake Terrace units: 57% more into Edmonds ■ Lynnwood units: 152% more into Edmonds ■ RFA units: 97% more into Edmonds Deputy Chief Bob Eastman explained in the updated agreement signed in 2017, a matrix was added that calculates the total time in seconds that a unit is on responses within the City of Edmonds and takes the units within the City, Stations 16, 17 and 20, and calculates the total time those units were on task within, for example, the geopolitical boundaries of Mountlake Terrace to develop a ratio. The same is done for Lynnwood and since the RFA was added, the difference between the City of Edmonds units coming into the RFA and the RFA units going into the City of Edmonds. Part of the renegotiated contract with Edmonds was a reduction of two responders on duty and a dedicated medic unit. His understanding, although he was not part of the negotiations, was Lynnwood was an independent fire department at the time, and there was an effort made to ensure decisions made did not negatively impact the City of Lynnwood and there needed to be a way to measure that. It is not at the incident level, but the time units spend on task. The RFA units were added because one station can predominately be a unit that comes in to support an Edmonds station just due to proximity. Dispatch sends the closest appropriate unit based on GPS and Automatic Vehicle Location (AVL) regardless of jurisdiction or station service area to best serve citizens. Deputy Chief Eastman acknowledged the Lynnwood number in the above comparison is very high but in SCF's opinion, that does not tell the whole story which is why the RFA number was added. When looking at the number of units Edmonds has and the number of units the RFA has, some of that is to be expected when there is an incident that requires a lot of equipment. Edmonds has three units and three staffed stations; Edmonds City Council Approved Minutes March 23, 2021 Page 4 Packet Pg. 269 commercial structure fires, residential fires, rescues, and the most critical ALS patients are staff intensive. Commercial and residential fires require 15 and 18 people on scene and the most critical ALS patients need 11 people on scene. He summarized NUUF can be confusing, other things have to be considered in conjunction with it as it is just one piece of a bigger puzzle. How does Edmonds compare to other cities and RFA stations on response times? Deputy Chief Eastman reviewed: • Station Response Times o Percentage of all calls within 8 minutes or less 2018, 2019, 2020 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2018 69.13 78.14 71.15 73.84 83.45 82.44 78.31 82.08 69.68 68.26 70.64 76.17 71.53 69.69 2019 69.23 77.29 67.48 74.13 80.73 82.71 72 79.73 72.58 66.80 69.5 71.5 72.3 6598 2020 56.42 66.19 54.37 62.18 68.1 75.13 56.4 63.32 58.56 54.41 52.17 59.19 60.37 57.4 o Response time percentages dipped in 2020 due to change in dispatch criteria. SCF has returned to the rapid method of dispatch. o Numbers are expected to return to 2018 and 2019 levels in 2021. • Response time on 90 percent of calls in this category 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2018 9:55 9:15 9:45 9:35 8:39 8:55 9:10 8:53 9:54 10:09 9:56 9:29 9:47 10:05 2019 9:59 9:25 9:49 9:13 8:58 9:02 9:36 9:16 9:47 10:22 9:51 9:45 10:03 10:49 2020 10:37 10:907 10:39 10:20 9:55 9:24 10:33 10:17 10:31 10:54 11:02 10:38 10:31 11:16 o Response times are somewhat related to where stations are located o Some stations have better response time ■ For example Lynnwood Station 15 is in the center of Lynwood in a high density area and a lot of calls are within close proximity to the station o Some stations have slightly longer response times ■ For example Station 23 has slightly longer response times because it is located in a more residential area. • Response times o Percentage of calls within 8 minutes or less in 2020 Brier Edmonds Lynn MLT County 51.97% 56.19% 73.05% 55.67% 60.31% ■ Numbers in 2020 are approximately 10-15% lower due to COVID A ■ Anticipate higher percentage within 8 minutes in 2021 o espouse times on 90 percent of calls in this category in 2020 Brier Edmonds Lynn MLT County 11:02 10:40 9:40 10:43 10:32 ■ Numbers in 2020 are 30-60 seconds longer due to COVID ■ Anticipate reduction in times in 2021 Standards in the contract are not being met. Is there a plan to address this? Chief Hovis displayed a map of the stations in Edmonds with staffing prior to January 2017: daily station staffing of 11 • 3 fire stations within Edmonds o Station 16 (196t1i) ■ Houses an engine, battalion chief and aid unit ■ 4 personnel on duty including 3 firefighter jump crew/cross staffed o Station 20 (Esperance) ■ Houses ladder truck cross -staffed with aid unit ■ Backup engine o Station 17 (downtown) Edmonds City Council Approved Minutes March 23, 2021 Page 5 Packet Pg. 270 8.3.m ■ 5 personnel on duty - 2 person dedicated medic unit - 3 person jump/cross staffed crew that staffed engine or aid car depending on which was dispatched o Marine Unit at Port • Daily staffing in Edmonds decreased under the current contract, dropping from 11 to 9 o With change in contract in 2017, paramedics in paramedic unit redeployed to all three fire stations, 16, 17 and 20 Under the current ILA and the contract revised in 2017, the initial term between Edmonds and SCF is 20 years so the contract extends to 2030. To change it would require conferring to address those issues. Fire station locations cannot be moved; personnel could be added to stations. Chief Hovis displayed a map of the stations in the RFA, explaining a lot of changes have been made within the RFA in areas that are not under contract. FD1 used Citygate and Associates in the past to do a staffing analysis. Since the formation of RFA, staffing has been raised in Lynnwood and unincorporated areas. He identified "big houses" in the RFA, stations that house a lot of firefighters. Some stations have 5, 6, 7 or 8 personnel but those are not in Edmonds. When units are dispatched via the countywide dispatch agency, they are dispatched based on AVL which sends the closest unit to the emergency, they generally come from the bigger stations. Two more personnel have been added at Station 14, 10 and 11 so the daytime staffing is 62 and nighttime is 56. As someone who grew up in 20700 block of 86t1i Place West, Chief Hovis pointed out there is no Woodway fire department, they contract with Shoreline and there is no fire station in Woodway and there is no fire service coming from the west. To address staffing issues, have more personnel available when calls come in, and decrease overall response times equates to personnel, availability and apparatus. With the Sound Transit Link extension and development occurring in Mountlake Terrace, and Station 19 getting very busy, Mountlake Terrace has had some initial conversations with SCF about what increased staffing would look like in Mountlake Terrace. Chief Hovis explained SCF has formed an Intergovernmental Committee composed of SCF staff, three fire commissioners and the local union president. The committee was formed due to the RFA's interest in the contract cities, Brier, Edmonds and Mountlake Terrace, formally joining the RFA just as the City of Lynnwood did in 2017 when the RFA was formed. He and one commissioner from the intergovernmental committee have had an initial meeting with the executive of each contract city to relay the RFA's great interest in the city joining the RFA. That meeting was to get a better understanding of each city's current or future interest in joining the RFA rather than contracting for service like Brier and Mountlake Terrace have done since 2005 and like Edmonds has done since 2010. The RFA will be having discussions later in 2021 and in 2022 with the cities of Brier and Mountlake Terrace because their initial 20-year contracts end in 2024. The RFA's desire is for both cities to formally join the RFA by 2024 or earlier. Although the City of Edmonds' initial 20-year contract term ends in 2030, the RFA looks forward to having these same discussions with the City of Edmonds well before 2030 if the City is interested in doing so. Chief Hovis recognized the valued partnership between the two organizations for the past 11 years. He thanked Edmonds for virtually hosting SCF tonight. As someone who has spent the majority of his life in Edmonds and grew up here, he appreciates the leadership at the Council and Mayor levels and what they are to the City. Councilmember Distelhorst expressed appreciation for all SCF was doing with regard to vaccinations in the City and all the other programs as well as for their thorough and comprehensive presentations. He thanked Ms. Hollenbeck for her presentation and the data based on questions asked at SCF's previous presentation. He asked if the percentages were based on the 283 uniformed firefighters. Ms. Hollenbeck Edmonds City Council Approved Minutes March 23, 2021 Page 6 Packet Pg. 271 8.3.m said overall hiring is based on the candidate pool and the MSO/captains is the percentage of captains and MSOs but overall it is based on the 283 firefighters. Councilmember Buckshnis thanked the commissioners for attending and Chief Hovis for the presentation. She referred Chief Hovis' response to her email and her discussions with him and City Attorney Jeff Taraday today. She recalled in 2009, before she was on the Council, standards for the contract were developed by former Fire Chief Tomberg, former Councilmember Plunkett and others. She recalled when personnel was changed based the 2017 Fitch report, the intent was to reanalyze the standards in a year or so based on new data and the new contract but that was not done. It may be advantageous to develop a committee to look at the standards to determine if they are still relevant or need to be changed. She asked Chief Hovis his thoughts on that. Chief Hovis agreed continuously analyzing the needs of the community, especially 11 years after the initial agreement, there was no better time than the present. He will leave what that looks like to the Council and Mayor and it could be discussed internally with SCF and commissioners. Councilmember Olson thanked SCF for their presentation and for answering questions in advance. With regard to the cost reduction of 9.13% for the Town of Woodway, she said it made sense that there was an offset and Woodway was paying that at one time, but now that Woodway is not being serviced by SCF, why should Edmonds absorb the price Woodway used to pay when there is no service provided to Woodway. Deputy Chief Eastman reiterated he was not part of the negotiations when the agreement was renegotiated in 2017, but his understanding was that in those conversations, the 9.13% was attributed to Woodway during the initial agreement, the reduction in the three station cost went away and the only reduction now in the contract is Esperance, the unincorporated area protected by Station 20 and the 9.13% is no longer a reduction in the three station cost. The flip side was the City of Edmonds wanted the ability to subcontract to the Town of Woodway in the future and if that was successful, there would be an exchange of dollars. The City would collect those funds, not the RFA (or FD 1 at the time) and it would not be considered a change in service delivery responsibility, SCF would automatically do it as part of the agreement. He was unaware of the conversations that drove that. Chief Hovis said Mr. Taraday was part of those negotiations and could be a resource for the Council. Councilmember Olson summarized even if it hadn't been a good deal, the deal was already negotiated and therefore a moot point. Chief Hovis agreed since the Town of Woodway has elected to get their fire service from King County Fire District 4, known as Shoreline Fire Department. Council President Paine thanked SCF for the level of detail in their presentation. She observed the labor contract was resolved at the end of last year and asked when the next labor agreement was coming up and how would that impact the contract. Chief Hovis advised the impacts once those contracts are negotiated are listed in the current ILA. Negotiations will begin with IFF Local 1828 later this month and into April for a successor agreement. The prior agreement was through December 31, 2020. Council President Paine asked him to keep the City posted. Chief Hovis assured he would. Councilmember K. Johnson thanked all the fire commissioners and fire staff who took the time to attend the virtual meeting, noting she appreciated the cooperation between the agencies. Chief Hovis commented he and Commissioner Chan enjoy serving with Councilmember K. Johnson on the Sno9l l Board. Chief Hovis introduced Karl Fitterer, Assistant Fire Marshal, and Melissa Blankenship, Executive Assistant to the Board of Commissioners, and thanked them for their efforts. Commissioner Chan commented the violence in last two weeks makes him sick to his stomach. The top priority of government service is to protect and keep citizens safe. When he was sworn in as a fire commissioner, he promised to do his best to protect the safety of all his constituents in South County Fire including the residents of contract cities like Edmonds. The recent harassments and attacks on Asian Americans have been extremely dangerous and upsetting. Public servants and elected officials can no longer Edmonds City Council Approved Minutes March 23, 2021 Page 7 Packet Pg. 272 8.3.m be silent and tolerate hate crimes. He asked everyone to join him in denouncing these acts of violence, to give support and comfort to Asian Americans within the community who are now living in fear. Standing up to racists and bullies is not political, it is just human decency and our obligation. He asked attendees to raise their hands and promise to speak out against all violence. 6. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 7. AUDIENCE COMMENTS Mayor Nelson invited participants and described the procedures for audience comments. Denise & Mark [no last name given] said it has been a disappointing week for the City. The citizens of Edmonds lost a dedicated professional in Chief Lawless. As Councilmembers Fraley-Monillas and Distelhorst run campaigns to retain their seats on Council, she said many people will question their leadership and decision -making on behalf of the citizens. Elected officials are supposed to represent citizens and many spoke out loud and clear about who they wanted for their chief but their ears were closed. She wished them good luck with their campaigns. Jim Ogonowski, Edmonds, a former Citizens Housing Commissioner, thanked the City for the opportunity to serve on the CHC and said he learned a lot. He thanked his fellow commissioners; a diverse membership that served the City well. However, he was disappointed in the process used to reach the CHC's recommendations. The CHC used a legislative process to solve problem, a process that was foreign to him and that he did not think served the commission very well. It was a tool in the City's toolbox that is used all the time but if there is only a hammer in the toolbox, everything looks like nail. He felt the CHC was using a hammer to solve something that was not a nail and didn't really know what problem they were trying to solve. Personally, he would have created a vision statement for the City, developed a set of guiding principles or values as a starting point and then the process would be subservient to that vision. The CHC ended up with non-integrated ideas and no clear goal of what they were trying to achieve. The legislative process was misused, the CHC was siloed into committees that prevented cross -collaboration in public meetings. A true legislative process documents majority and minority opinions that are sent forward out of the commission. That was not done so the Council is left with a set of recommendations without any of the background data or information available to the CHC. He invited the Council to reach out to him, he has plenty of recommendations as the process moves forward. (Written comments submitted to PublicComment@Edmondswa.gov are attached.) 8. APPROVAL OF THE CONSENT AGENDA ITEMS COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT PAINE, TO APPROVE THE CONSENT AGENDA. Councilmember K. Johnson requested Item 8.3 be removed from the Consent Agenda. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE REMAINDER. 3. REPORT ON BIDS AND AWARD CONSTRUCTION CONTRACT FOR THE 2021 OVERLAY PROGRAM Edmonds City Council Approved Minutes March 23, 2021 Page 8 Packet Pg. 273