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2017-03-28 City Council - Full Agenda-1869o Agenda Edmonds City Council snl. ynyo COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 MARCH 28, 2017, 7:00 PM 1. CALL TO ORDER/FLAG SALUTE 2. ROLL CALL 3. APPROVAL OF THE AGENDA 4. APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes of March 21, 2017 2. Approval of claim checks 5. PRESENTATIONS/REPORTS 1. 2016 Annual Report - Snohomish County Fire District One (30 min.) 2. Community Transit Presentation (30 min.) 6. AUDIENCE COMMENTS (3-MINUTE LIMIT PER PERSON) - REGARDING MATTERS NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS PUBLIC HEARINGS 7. STUDY ITEMS 1. Authorization to contract with James G. Murphy to sell surplus city vehicles and surplus city equipment (5 min.) 2. Presentation of a Supplemental Agreement with Murray, Smith & Associates for the Five Corners Reservoir Recoating Project (10 minutes) 3. Presentation of a Supplemental Agreement with The Blueline Group to provide Capital Project Construction Management, Engineering & Inspection Services for 2017 (10 minutes) 8. ACTION ITEM 1. Shoreline Master Program (60 min.) 9. MAYOR'S COMMENTS 10. COUNCIL COMMENTS 11. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(1) 12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. ADJOURN Edmonds City Council Agenda March 28, 2017 Page 1 4.1 City Council Agenda Item Meeting Date: 03/28/2017 Approval of Council Meeting Minutes of March 21, 2017 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: Cmd032117 Packet Pg. 2 4.1.a EDMONDS CITY COUNCIL DRAFT MINUTES March 21, 2017 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Thomas Mesaros, Council President Kristiana Johnson, Councilmember Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Rob Chave, Planning Manager 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 5th 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. Mayor Earling offered comments regarding the unfortunate remarks made at a recent Fire District 1 Commission meeting that have received local and regional press coverage. While he respected that FD1 was a jurisdiction independent of the City, as Mayor he felt it appropriate to offer remarks in response to the incident. He found the comments by the two commissioners very disappointing. Whether intended to be heard by the public or not, remarks that disparage or disrespect a group or class of people are not representative of the culture that Edmonds aspires to, a culture of inclusivity and acceptance of all people regardless of race, religion, ethnic origin, gender, sexual orientation, physical ability or other characteristics. It is in that spirit that the City created a Diversity Commission and provides training to all City staff regarding diversity and inclusiveness. He concluded by stating he trusted these isolated remarks did not reflect the overall principles and character of the Fire Commission and hoped this incident would serve as a learning opportunity for the commissioners, district and everyone in Edmonds. 3. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Draft Minutes March 21, 2017 Page 1 Packet Pg. 3 4.1.a COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: APPROVAL OF COUNCIL MEETING MINUTES OF MARCH 14, 2017 2. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM ASHLEY DORGAN ($422.55), A CLAIM FOR DAMAGES FROM TIMOTHY S. DANAHER (AMOUNT UNDETERMINED), AND A CLAIM FOR DAMAGES FROM KARI MIKKELSEN (AMOUNT UNDETERMINED) 3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT. 4. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 5. AUTHORIZATION FOR MAYOR TO SIGN 2017 SPECIAL EVENT CONTRACTS 6. FIRST QUARTER AND 2016 CARRY FORWARD BUDGET AMENDMENT 7. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH MURRAY SMITH AND ASSOCIATES FOR DESIGN SERVICES FOR THE 2018 SEWER REPLACEMENT PROJECT 8. AUTHORIZATION FOR MAYOR TO SIGN A LOCAL AGENCY AGREEMENT FOR CONSTRUCTION MANAGEMENT SUPPORT SERVICES FOR THE 76TH AVE AND 212TH ST INTERSECTION IMPROVEMENT/BIKE2HEALTH PROJECT AUDIENCE COMMENTS There was no public comment. 6. PUBLIC HEARINGS 1. PUBLIC HEARING ON UPDATING PEDESTRIAN SIGN REQUIREMENTS IN CH. 20.60 ECDC Planning Manager Rob Chave reviewed: • Sign code update in 2016 o Most recent update in August 2016 o Update focused on pedestrian signs; featured: ■ Pedestrian signs as permanent signage ■ Only one per ground floor storefront ■ Only while the business is open ■ Located within 2' of building and within 10' of entry ■ Exceptions must be approved by ADB • Current update 0 2016 update resulted in some concerns from the business community o Concerns gained attention of Council and were brought forward to Planning Board o Board held work session and public hearing o Multiple options were considered (Exhibit 3) • Planning Board Recommendation o Permit fees should be minimized, with blade signs costing less than pedestrian signs (currently $75+$35 and $125 +35, respectively) Edmonds City Council Draft Minutes March 21, 2017 Page 2 Packet Pg. 4 o Pedestrian signs should count against sign area, except for those grandfathered in o Allow Development Services Director to approve alternate sign locations under specific conditions o Define "governmental signs" to allow creation of a directional signage program. o Grandfathered signs for area New: ECDC 20.60.025(A)(5) [packet page 290-2911 a. Exception. A pedestrian sign does not count against the permanent sign area and the number of signs permitted if: i. A wall sign exists and was legally permitted prior to August 12, 2016; and ii. A pedestrian sign was in place during some or all of the period between June 12 and August 12, 2016; and iii. A pedestrian sign permit was received by the City by October 6, 2016 b. This exception is no longer valid if an application for a new wall sign is received by the City c. This exception does not apply to any other aspect of the sign code governing pedestrian signs, including the number, size and location of such signs Options: Don't count in sign area or add 6 square feet to total allowed area o Alternate sign location ECDC 20.60.055 [packet page 293-294] 3. The sign shall be located within 10 feet of the building entry and must be placed within two feet of the building. The Development Services Director may approve an alternative location under the following circumstances: The sign shall be leeatea within 10 fee the building ea4y, iaaless it is plaeed in a leeation that better- preserves publie pedestfi—an- ffem this standard n�mst be submit4ed to the ar-ehiteettifal design board for- review approval per- ECDC 20.60.015(B)(1) a. An alternative location in front of the building or on the property occupied by the business is less intrusive to pedestrian movement or accessibility; or b. The building containing the building is set back from the property line and a location on the property can be provided such that the sign does not encroach onto a public sidewalk. Councilmember Fraley-Monillas referred to her suggestion last week to make blade signs free. Mr. Chave responded that was at the discretion of the Council. One of the things intended in the code was to encourage their use; making them free would simply require a resolution. Councilmember Fraley- Monillas recalled when blade signs were discussed several years ago, the reason they were preferred was they attracted shoppers but did not clutter sidewalks. Mayor Earling opened the public participation portion of the public hearing. Jamie Reece, Edmonds, Chair of the Economic Development Commission (EDC), highlighted comments in the February 15, 2017 memo the EDC sent the Council. The EDC as well as a subgroup discussed the sign code and feedback received from businesses and citizens. The goal of their discussions was to strike the right balance between aesthetics and economic vitality of the community. The EDC supports lowering the cost of A -board signs, not necessarily to encourage them, but to make them more affordable for business owners. The EDC has not discussed expanding the overall sign area but supported the concept that pedestrian signs not count toward the overall area of signage to avoid stagnating existing signs and having different size signs on facades. The EDC supports greater flexibility in the requirement to have A -board signs located 2 feet from the facade and making that process more affordable as well as ongoing cooperative efforts with the community and the BID for wayfinding signs for businesses located 1-2 blocks off 5th & Main without cluttering every corner with signs and flags. Edmonds City Council Draft Minutes March 21, 2017 Page 3 Packet Pg. 5 4.1.a Debbie Rosenfelt, Edmonds, co-owner of Snap Fitness, expressed support for reducing the fees for blade and pedestrian signs to $85, not having pedestrian signs count against total sign area, and allowing the Development Services Director to approve alternate sign locations under specific conditions. Robert Boehlke, Edmonds, owner of HouseWares and President of Ed! Edmonds Downtown Alliance, urged the Council to keep the cost reasonable and make the cost for blade and pedestrian signs the same and he and some other businesses are unable to have a blade sign. He also supported not counting pedestrian signs against the total sign area. He supported the proposal regarding alternate locations. He asked what was meant by "the sign does not encroach on the public sidewalk," commenting signs would be located on the sidewalk. With regard to wayfinding signs, Ed! is interested in assisting with a project for a wayfinding signs throughout the City, signs that enhance the cityscape and help visitors find their way around. Sheila Cloney, Edmonds, Anchor Chic, spoke in favor of wayfinding signs. The building they are in has not had a lot of activity for some time and they find the A -board signs help drive customers to their location next to Masonic Temple. Joy Rye, Edmonds, representing ZINC, said the removal of their A -board has impacted their business. Their entrance is located more than 2 feet from sidewalk and when the A -board sign is not up, business is substantially down. Janet Hans, Edmonds, Gallery North, said they value their A -board sign and she thanked the City Council for considering pedestrian sign regulations. She expressed support for a more reasonable cost, having blade signs and A -boards be the same price and allowing alternative locations. She asked for clarification of "the sign does not encroach onto a public sidewalk." Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Fraley-Monillas relayed her preference that there be no cost for blade signs, commenting they were generally fairly small signs. Mr. Chave said if that was the consensus of the City Council, the City Attorney could draft a resolution for Council consideration setting the fee for blade signs at zero. Councilmember Fraley-Monillas said she will make a motion when the Council completes it deliberation. Councilmember Teitzel recommended a group with members from Ed!, the Chamber, DEMA, EDC and citizens consider permanent directional/wayfinding signs and report back to the Council in six months. He anticipated permanent directional signage would lessen the pressure for A -board signs. He suggested that project also consider wayfinding apps to assist visitors with navigating around the City. Mr. Chave said Development Services Director Shane Hope has been meeting with members of the BID regarding directional/wayfinding signs and several businesses have been working on ideas so it would not be difficult to form a group and report to Council on ideas. With regard to an app, the Western Washington University Sustainable Cities program is working on that and their report is due at the end of spring quarter. Councilmember Tibbott asked about funding for an app, recalling a suggestion at the Planning Board to use the technology fee to offset the cost of developing an app. Mr. Chave said the Council would need to budget the cost of developing an app. The WWU project is student time and a minimal cost. He suggested waiting to see the results of WWU's project to see how useful an app would be. Councilmember Tibbott referred to the question asked by the public regarding encroachment onto the sidewalk. He cited an example of a property on Dayton between 4th and 3rd where the building is set back Edmonds City Council Draft Minutes March 21, 2017 Page 4 Packet Pg. 6 4.1.a from the street but there could be appropriate locations on the property that were not on the sidewalk. Mr. Chave said the intent of Item 3.b was if the businesses was setback from the property line, there should be space between the business and the sidewalk to locate the sign. Alternate locations that include the sidewalk would be addressed by Item 3.a, such as if there is street furniture at the curb, it may be less intrusive to put a sign at the curb instead of next to the building. It will be very situational, hence the recommendation to grant the discretion to the Development Services Director. Councilmember Tibbott expressed support for allowing the Director that discretion. Councilmember Johnson asked how the technology fee was used. Mr. Chave answered the technology fee was broadly applicable to all permit applications and supports the website, electronic permitting system, GIS, etc. It is basically at capacity for those purposes at this time. If the Council wanted to pursue some of the suggestions that have been made, the cost could be subsidized by the General Fund, a minimal amount added to the technology fee, etc. The technology fee is a flat fee. Council President Mesaros asked how the $125 fee for an A -board signs was calculated. Mr. Chave said that represents approximately 1.25 hours of staff time. When fees were established, consideration was given to who does the review, the average amount of time the process takes, etc. Councilmember Nelson said if the Council wanted to encourage blade signs by making them free, he did not want the difference made up by increasing the fee for A -board signs. If the Council reduced the cost of blade signs, he supported also reducing cost of A -boards signs, such as reducing it by half. Councilmember Buckshnis commented Ed! should work on a wayfinding sign program, and the City Council should not be involved with it. She supported the WWU project that will consider an app, noting she often uses TripAdvisor when visiting other cities. Mr. Chave commented the fees were up to the Council. He recommended directing the City Attorney to draft a final ordinance for Council consideration. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ACCEPT THE PLANNING BOARD'S RECOMMENDATIONS WITH THE EXCEPTION OF BLADE SIGNS WHICH SHALL HAVE NO FEE OR TECHNOLOGY FEE. Councilmember Fraley-Monillas commented the Council has been discussing blade signs for a number of years; it was important not to have a fee since they are the preferred sign type and having no fee will encourage businesses to choose that type of sign. She recognized some businesses did not have an overhang to display a blade sign. Councilmember Tibbott suggested the Council discuss either not having pedestrian signs count against the total sign area or adding 6 square feet to the total allowed signage. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO AMEND THE MOTION TO ADD 6 SQUARE FEET TO THE TOTAL ALLOWED SIGNAGE. AMENDMENT CARRIED UNANIMOUSLY. Council President Mesaros commented his heart supports having no fee for blade signs but his head does not. He suggested reducing the fee for blade and pedestrian sign to $40 + $35 technology fee, recognizing that a number of businesses do not have the architecture for a blade sign. Councilmember Fraley-Monillas encouraged Councilmembers to pass the motion eliminating the fee for blade signs and she would support a motion to reduce the cost of A -board signs. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. Edmonds City Council Draft Minutes March 21, 2017 Page 5 Packet Pg. 7 COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REDUCE THE FEE FOR PEDESTRIAN SIGNS FROM $135 + $35 TO $75 + $35. UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT MESAROS AND COUNCILMEMBERS FRALEY-MONILLAS, BUCKSHNIS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCILMEMBERS JOHNSON AND NELSON VOTING NO. 2. SHORELINE MASTER PROGRAM PUBLIC HEARING Senior Planner Kernen Lien explained the purpose of the public hearing is the four options for the Urban Mixed Use (UMU) IV environment, basically the area around the Edmonds Marsh. He identified similarities between all options: • Default buffer of 110 feet with 15-foot setback • Mechanism for establishing alternative buffer Mr. Lien outlined the options: Ecology Option A • Add a reference to the interrupted buffer provision in the critical area regulations (ECDC 23.40.220.C.4) in footnote 18 Notes that an alternative buffer may be established with a shoreline conditional use permit consistent with ECDC 23.40.220.C.4 ECDC 23.40.220.C.4 provides an exemption from prescribed buffer width if site is proven to be functionally isolated from a stream or wetland Two potential results o Determined to be functionally isolated and exempt from buffer requirements o Not functionally isolated and the 110-foot buffer and 15-foot setback apply o Does not provide for an alternative buffer Ecology Option B • Establishes buffer between 110 and 50 feet • Buffer established through a shoreline conditional use permit process • Buffer based on "potential ecological lift" and "no net loss of ecological function" • Lacks detailed criteria for consideration of site specific study to establish alternative buffer • Conflicting terms in "potential ecological lift" and "no net loss of ecological function" Staff Developed Option C • Combines elements of Ecology's Options A & B • Keeps Council 110 buffer/15-foot setback as a default, and establishes minimum buffer of 50 feet • Criteria from interrupted buffer provision used for site specific analysis • Site specific study shall address hydrologic, geologic, and the existing and potential wildlife habitat of pre and post development conditions • Could be modified to specifically note where buffer begins Citizen Developed Option D — Part 1 • Modify Shoreline Bulk and Dimensional Standards Table to list buffer and shore setback separately • Modify footnote 18 o Note where buffer begins, "where the presence and action of waters are common and usual or at the wetland/upland edge" o Require buffer between railway right-of-way and marsh • "Shore setback" to "building setback" Railway right-of-way Edmonds City Council Draft Minutes March 21, 2017 Page 6 Packet Pg. 8 4.1.a o Extends up to edge of marsh o City owns marsh next to railway right-of-way o Mixing requirements for different shoreline jurisdictions Option D — Part 2 • Modify definition of setback in 24.90.050 A. "Shore setback" or "setback" means the minimum distance between a structure or use from the outer edge of a buffer, or from the edge of the shoreline if no buffer is required. • Has broader implications • Suggest adding definition for "building setback" Option D — Part 3 • Delete provisions from CAO Appendix B related to buffer reductions or exemptions • 23.50.040 (G)(1) to (4) [Wetland Buffer Modifications], 23.50.040 (I) [Additions to structures], and 23.40.220 (C)(4) [Interrupted wetland buffer]; and 24.40.020 (F)(2)(e) [Additions to structures] . • Has broader implications Option D — Part 4 • Add Appendix C — Scope of Work for Site -Specific Study • Unbiased study • If Council wants an Appendix C, should be limited to items to include in the study and criteria for analysis Peer review — suggest City select consultant for study Requires analysis of past conditions, o SMP standard of no net loss of ecological function is based on existing conditions Mr. Lien described: • Council Review o Options A — C note a shoreline conditional use permit (Hearing Examiner recommendation to Ecology); Option D notes Council approval of alternative buffer o Both sides of marsh subject to master plan approval ■ Council approve master plan then development proposal goes through shoreline conditional use permit process; or ■ Council approve master plan and SMP amendment Next Steps o Public Hearing Tonight o Council Extended Agenda ■ March 28th o Response to Ecology by March 30, 2107 o If not meet March 30, 2017 deadline, notify Ecology City will respond by April 30, 2017 Mr. Lien referred to letters provided to Council from the Washington State Ferries (WSF) received last Friday and from Chevron received today, both raising concerns about the potential impacts the amendments could have on the future Edmonds Crossing located on the old Unocal site. Councilmember Tibbott referred to the letter from WSF which states they and the City have spent a lot of planning time and funds developing the Edmonds Crossing project and the City has included it in the Comprehensive Plan. In their letter, WSF requested clarity regarding the City's commitment and ongoing interest in creating that multimodal facility. He asked Mr. Lien to clarify the impacts that a 110-foot buffer in UMU IV would have on that project. Mr. Lien displayed a drawing of the Edmonds Crossing from the Environmental Impact Statement (EIS), identifying the Edmonds Marsh, an existing stormwater Edmonds City Council Draft Minutes March 21, 2017 Page 7 Packet Pg. 9 4.1.a pond and parking and transit elements of Edmonds Crossing. He displayed the Edmonds Crossing drawing overlaid on an aerial photo, identifying shoreline jurisdiction and explaining the setback from the marsh will not really impact the Edmonds Crossing project because shoreline jurisdiction extends only to the edge of the existing stormwater pond. The impact would be from the Willow Creek outlet which is currently culverted if buffers and setbacks are expanded. The Edmonds Crossing parking and transit turnaround would be impacted by the Willow Creek outlet. Councilmember Tibbott asked how far the edge of the marsh is to Edmonds Crossing. Mr. Lien identified shoreline jurisdiction, 200 feet from the edge of the marsh, basically the edge of the existing stormwater pond. The Willow Creek outlet and its setback will impact the Edmonds Crossing project. Councilmember Fraley-Monillas referred to emails she received today about an Ecology recommended 100 foot buffer and 15-foot setback. The closest thing to that is Option B where Ecology recommended 50-foot buffer and 65-foot setback. She wondered where the 15-foot setback came from. Mr. Lien said he had not seen the emails Councilmember Fraley-Monillas was referring to. Ecology's initial recommendations last year was a 50-foot buffer with a 15-foot setback for a total of 65 feet. The two options Ecology has now proposed are Option A, a I I0-foot buffer with a 15-foot setback and Option B which established a buffer between 110 feet and 50 feet. Councilmember Fraley-Monillas clarified the 50-foot buffer and 15-foot setback was the old Ecology recommendation. Mr. Lien answered yes, now Ecology is proposing Options A and B. Councilmember Buckshnis commented in the presentation she gave with the assistance of Joe Scordino, she had issues with the railroad and three peer reviews. She noted this was not the first time the City has received letters from WSF and/or Unocal regarding the SMP. She recalled WSDOT favored a 100-foot buffer in 2013. Mr. Lien agreed WSDOT has submitted a number of letters over the years; they all have been consistent in their concern how this may impact the Edmonds Crossing project. One of their letters that mentioned the 100-foot buffer was sent to Ecology during Ecology's comment period. That was essentially what WSDOT proposed in the Edmonds Crossing EIS from the edge of the marsh. They showed that buffer for the Willow Creek outlet; in the Edmonds Crossing project they identified daylighting Willow Creek as mitigation. Assuming the Edmonds Crossing won't happen in the next 20-30 years, Willow Creek likely will be daylighted by then and will not be part of the mitigation. Councilmember Buckshnis questioned why the Marina Beach master plan was prepared if WSDOT is still planning for Edmonds Crossing. She referred to another email from WSDOT stating they are really not considering Edmonds Crossing. Councilmember Buckshnis referred to the definitions of setback and buffer, pointing out Anacortes has separate definitions for buffer and setback. She recalled a few years ago Edmonds combined them so that the buffer and setback occurred at the same point of origin. She noted that is causing some of the confusion; in most literature, buffers and setbacks are separated. Ecology originally recommended a 50- foot buffer and 15-foot setback, referred to as the 65 50. Option D includes a definition of setback. Mr. Lien explained there is a shore setback definition. Changing the definitions to have shore setback and setback mean the same thing has implications. For those places in the table that have shore setback, there is also a buffer required due to a wetland or stream; the setback from the buffer for the Shoreline Residential 3 will be 35 feet. That was why he suggested adding a definition for building setback. Councilmember Buckshnis said she has reviewed numerous SMPs, many have separate buffer and setback definitions. Mr. Lien said there is a buffer definition. For Councilmember Teitzel, Mr. Lien confirmed the railroad right-of-way extends to the edge of the marsh and there is no place to establish a buffer between the railroad right-of-way and the marsh. The City of Edmonds owns most of marsh; a small sliver belongs to the Port. If the City chose, it could improve the marsh without a requirement in the SMP. Edmonds City Council Draft Minutes March 21, 2017 Page 8 Packet Pg. 10 4.1.a With regard to where the railroad right-of-way touches the marsh, Councilmember Teitzel asked whether the City or Ecology would have any legal standing to require the railroad establish a buffer within their right-of-way. Mr. Taraday referred to Mr. Lien's statement that there is no space for a buffer; even if there were physical space, it was his understanding that that was a different shoreline environment, not UMU IV that is being discussed tonight so it would require a different amendment to the SMP. Councilmember Teitzel concluded for tonight's purposes the railroad discussion can be set aside and he recommended that be removed from Option D. Mayor Earling opened the public participation portion of the public hearing. Fred Gouge, President Port of Edmonds Commission, submitted the latest reports the Port had prepared by Landau and Associates and HartCrowser. The Port has been working on protecting the marsh around Harbor Square since purchasing the site in 1970. The Port removed all soil contamination caused by industrial activities that existed when the Port purchased the site. The Port has spent over $1.7 million since 2005 to stop contaminants in Harbor Square from reaching the marsh and continue to allocate funds for any cleanup at Harbor Square as necessary. When Jacobsen Marine was built, the Port paid over $11,000 toward marsh restoration and cleanup even though the project was west of the tracks. The Port has been the only entity putting money toward protecting the marsh. Everyone welcomes the daylighting of Willow Creek and the restoration of the marsh but the cleanup of the Unocal site on the south side of the marsh has been stalled by Joe Scordino who crafted proposed options for the SMP by filing an appeal to Ecology in October 2016 which has harmed the timeframe for Willow Creek daylighting. Since the Port's master plan was withdrawn in 2013, the Port has invested nearly $2 million in Harbor Square, plan to continue operating Harbor Square as it currently exists, and have no plans for a development. Nothing has changed except making many of the 60+ businesses nonconforming with the proposed setback including the Harbor Square Athletic Club and other buildings. Over 7,000 members use Harbor Square Athletic Club and the Port has long term leases with tenants. He emphasized the Port has no intention of selling Harbor Square despite all the rumors. The Port had a master plan development meeting and that effort died. Councilmember Teitzel was present at the Port's last retreat where it was again stated the Port has no plans to sell Harbor Square. The Port purchased the buildings in 2006 for $13.5 million; the income from current long term leases covers the debt service which will be paid off in 33 months. When the City Council is ready to think about the future of Harbor Square for the good of Edmonds residents, the Port asks that the Council start a task force. Mike Shaw, Edmonds, requested the Council support Option D, the only option that fully details what is necessary for an independent site survey of the Edmonds Marsh and also spells out buffer and setback specifications. In addition, he requested the Council expand their vision of Harbor Square. For too long Harbor Square has represented the vision of the Port and a few developers. There are people in the audience who want to make a profit at the expense of the Marsh. That is short sighted and does not take into account the wishes of a majority of Edmonds residents. Rather than continue to hope for multistory residences, he urged them to think about truly green and low impact development that would encourage and restore the health of the Edmonds Marsh. The Edmonds Marsh could become a Washington State treasure with restored salmon runs, ecotourism for birdwatchers and ecologist and not an area would be shared with duck hunters like other tide flats. If the Council or Port thinks redevelopment always has to be intensive or test height limits, he cited Salish Crossing as an example of what can be accomplished with little disturbance. Mike Schindler, Edmonds, CEO, Operation Military Family, and EDC member, speaking as a private citizen, recognized there are strong opinions laced with convenient facts on both sides with regard to the Edmonds Marsh and Harbor Square. He recalled one of the best assignments a high school teacher gave him was to argue the other side of an issue he was dead set against. That assignment had a tremendous Edmonds City Council Draft Minutes March 21, 2017 Page 9 Packet Pg. 11 4.1.a impact on his life and made him a believer in the 1% principle of starting where we can all agree. When the rhetoric is dropped, both sides are explored, and the focus is on the mission and outcome, mission success can often be achieved even if parties are on opposite sides of an issue. He challenged each Councilmember to argue the other side of their position. Everyone can agree on attracting partners and leaders to Edmonds who contribute economically but also value the environment and natural surroundings. What if the City could find a partner willing to build economic value, not only Port infrastructure but also willing to invest in the marsh? Wouldn't that benefit both sides? How to find such as partner, one willing to find economic value to the City by maintaining a world -class, award winning marina and boardwalk that attracts residents from across the region and tourists from throughout the northwest as well as is willing to invest millions in protecting the marsh and Puget Sound via industrial site cleanups and effective stormwater and industrial runoff? He suggested starting by picking up the phone and talking to the Port. Because he was interested in economic and environmental value and preservation, he supported the original Ecology recommendation of a 50-foot buffer and 15-foot setback if a scientific study shows no net loss of function. He recommended defining who a scientist is, it cannot be Bill Nye the Science Guy. He believed this to be a fair and balanced proposal that protects and potentially will enhance the marsh but also allow allows for responsible redevelopment of the Harbor Square site. Beth Burrow, Edmonds, thanked the Councilmembers and community members who have brought this effort to this point and special thanks to Councilmember Buckshnis for her effort on Option D. She urged the Council to accept Option D; this option ensures when a development proposal for Harbor Square or the old Unocal site is submitted, an alternate buffer for the Edmonds Marsh will be derived from a site specific study to be conducted at the time. Option D is the only option that places the needs of the marsh and its wildlife as the driver for future site specific studies. Option D requires a rigorous scientific study; the other three options focus more on the needs of development. The Environmental Protection Agency may cut, among other things, its Puget Sound budget 93%, from $28 million to $2 million. The Edmonds Marsh is one of the few remaining saltwater estuaries in Puget Sound and now, more than ever, it is dependent on local actions to enhance and restore it. Unless the remaining marsh is protected and enhanced, it will lose its ability to support birds and wildlife that visitors cherish. As the community grows, she recommended working together to ensure the environment and special places remain a top priority. Without these special places, Edmonds will lose the very things that make it a special place that attracts visitors, developers, investors and residents. She did not want the last word on the marsh to be a historical sign noting there was once a health marsh there. Jon Houghton, Edmonds, marine biologist specializing in coastal ecology and shoreline ecological functions, and owner of biological consulting company since 1989 located at Harbor Square whose laboratory would be bisected by the II0-foot buffer, said his experience includes a lot of habitat restoration projects, field research on juvenile salmon throughout Puget Sound, and design of a number of coastal habitat restoration projects in Everett, Tacoma, Olympia and Seattle. He also conducted BAS reviews for Everett and Tukwila for their SMP updates. He referred to a memo he submitted to the Council that summarizes the science behind buffers as they apply to the north shore of the Edmonds Marsh. It is a unique environment and having lived and worked next to it for 30 years, he appreciated the ecological functions the marsh provides as well as the limitations. Dikes on the north side of the marsh prohibit developing great ecology functions via construction of wider buffers. The best way to restore and enhance the marsh would be to daylight it and preserve and enhance existing buffers and vegetation on the north side. He pointed out shorebirds need big mudflat areas and clear lines of sight. If big trees are planted on the north side where no trees currently exist, they will further limit shorebirds' use of the marsh. Larry Beard, Edmonds, an environmental engineer who has worked on a variety of projects from cleanup of contaminated projects to designing wetland mitigation projects and stormwater treatment Edmonds City Council Draft Minutes March 21, 2017 Page 10 Packet Pg. 12 4.1.a facilities, expressed support for improving the quality of the marsh, but he was concerned about the approach of establishing such a large buffer. Based on what he knows of the marsh and other projects, the single most important thing that could be done to improve the quality of the marsh would be to treat stormwater that discharges to the marsh. There are very good state-of-the-art treatment methods but they are expensive to construct and operate. The only catalyst for construction of that type of facility is some form of redevelopment. Establishing a 110-foot buffer essentially maintains the status quo which will not improve the marsh. Responsible and thoughtful development will require a more reasonable buffer at most what Ecology originally suggested, a 50-foot buffer and 15-foot setback. If the goal is to improve the functionality of the marsh, the Council should establish setbacks that can support responsible development; otherwise the overall goal is more to stop development, not improve the marsh. Jamie Reece, Edmonds, Chair of the EDC, but speaking as a private citizen, said his family are boaters, hikers, cyclists and outdoor enthusiasts, and feel the marsh is a treasure. He expressed concern with establishing what would be on paper something that would protect and benefit the marsh but in reality may not achieve that objective. Restoring the marsh and improving stormwater management and the treatment of stormwater requires money. Therefore either taxes need to be increased to accomplish this approach and the City needs to approach the property owner about improving their land using City funds or the City needs to attract responsible developers. The City is demanding of those who develop in Edmonds and has attracted developers willing work within the City's values. He encourage flexibility rather than establishing the largest buffer possible and establishing a buffer that asks for specific proposals such as benefits, a more walkable and attractive Harbor Square and waterfront in exchange for the most rigorous protections for the marsh. Maggie Fimia, Edmonds, read a letter from Port Commissioner Steve Johnston, a retired environmental professional who spent more than 35 years helping to put projects on the ground in balance with the environment throughout the Pacific NW And Alaska, experienced in providing onsite and offsite mitigation to offset potential development impacts to natural resources. She summarized his 3-page letter, the actions of the Save our Marsh (SOM) group and Councilmembers who support larger setbacks cannot have the best interests of the Marsh in mind since the premise of their position in promoting a 125-foot setback is not based in any way on BAS or law. Their real agenda may be to preclude options for further development of Harbor Square. This concern is supported by recent affiliations with the SOM group by former Councilmembers with a record of adamant opposition to the redevelopment of Harbor Square. If this is their agenda, they should just say so; their position cannot be based on science because the science favors smaller setbacks and buffers and it cannot be based on environmental concerns because some of the Councilmembers who support larger setbacks have shown no real respect for the environment in some past uninformed decisions like establishing a dog park right on the beach. The SOM group and their spokespersons are not qualified to assess positive or negative impacts on the marsh from any action; the qualified PhUd biologists who have spoken tonight are. Do not make the future of the marsh subject to misdirected politics and obstruction; the marsh is too important for that. Lay the groundwork for protecting and enhancing the marsh. Do not foreclose options for future responsible development that will benefit marsh. The Port and the City deserves better than that. Alan Mearns, Edmonds, expressed support for Option D and particularly Appendix C because it was the first time he had seen a discussion from a scientific and ecologic point of view of the science. He reported on two seminars he attended this past week, one by the USGS about citizens and scientists working together to measure, monitor and assess the functions and future of marshes. The other was a seminar by NOAA's National Estuarian Reserve Program, providing new tools to evaluate marshes, tidal marshes in particular, with regard to sea level rise. He summarized BAS is continually changing. Dianna Maish, Edmonds, referred to a Seattle Times opinion published today, written by business officials and an attorney for Sound Partnership, Federal Funding, a Bill that Could Cut the National Edmonds City Council Draft Minutes March 21, 2017 Page 11 Packet Pg. 13 4.1.a Budget for Puget Sound Recovery to Zero. Over the last decade, as long as Puget Sound has been designated an estuary of national significance, it has been recognized that the economic and environment health of Puget Sound are bound together. The Edmonds saltwater marsh is a small but significant contributor to Puget Sound and can be protected. Today's investment has helped hold the line on Puget Sound degradation, but as the authors of the opinion state, that can be undone very quickly if efforts at pursuing and sustaining recovery are not supported. For each step backward, the cost to regain lost ground becomes many times magnified as time passes and problems increase; the same is true with the Edmonds Marsh. Degradation of Puget Sound and its salmon runs have been occurring for more than 125 years. Protecting the Edmonds Marsh can be part of the solution, not the problem. George Keefe, Edmonds, retired middle school science teacher, said he lives near the marsh and regularly walks along the marsh to go birding and to eat blackberries. The 23-acre saltwater marsh is all that remains of the original 40 -acre marsh. There are no other saltwater marshes between Everett and Tacoma. The Edmonds salt marsh is home to over 40 species of resident and migratory birds over the course of a year. Historically, the marsh was a highly valuable habitat for juvenile salmonids to transition between fresh and saltwater. Buffers are a critical tool for protecting natural areas and should be based on BAS. He urged the Council to adopt Option D as it puts the most emphasis on BAS. The Environmental Protection Agency may cut the Puget Sound budget 93% from $28 million to $2 million. The Edmonds Marsh is one of the few remaining saltwater estuaries in Puget Sound. Now more than ever Puget Sound is dependent on local community action to enhance and restore natural areas such as the Edmonds Marsh. Community participation in decisions that protect the treasured environment is invaluable. He thanked Councilmembers who have worked with community members to reach this point, especially Councilmember Buckshnis. Barbra Tipton, Edmonds, explained the Edmonds Marsh is a 24 acre estuary, a Puget Sound habitat that is an ecological asset to the community. Less than 20% of tidal wetlands in Puget Sound remain intact; reestablishment of proper hydrology in the marsh would improve stormwater management and lessen the probability of damage resulting from flood events. Protecting and restoring this ecosystem benefits fish, birds, wildlife, and people who enjoy this unique resource. The State's SMA provides jurisdictions with the flexibility to tailor their SMP to reflect their unique attributes. Under the State's GMA, local governments are required to use BAS when reviewing and revising policies and regulations. She did not see a bias in Option D or any rhetorical words, phases or ideas. A retired fisheries biologist, formerly with NOAA, collaborated in the drafting of Option D; he is an expert and the City should be thankful for his work. The scope of work for the site specific scientific study ensures the study will be conducted by professionals with field experience in and knowledge of wetlands and wildlife. Once the study is completed, three peer review will be conducted by independent scientists. Those reviews will determine researcher bias, if any, in the site specific study. The 45t1i president's anti -science bias calls for gutting the EPA and NOAA; according to today's Seattle Times, funding for the National Estuary Program will disappear, a program that benefits all who rely on Puget Sound for tourism, shellfish and recreation. She provided the following quote, "The federal government has been an essential partner in restoring and protecting Puget Sound. It would be destructive and shortsighted to walk away from this responsibility now." Leslie Brown, Edmonds, stated she missed Agenda Item 5 and her comments were not related to the marsh. Emily Paynich, Edmonds, commented she was relatively new to the marsh issue. While she appreciated the vibrancy that comes with development, if the protective buffer is not expanded, the marsh will disappear and then everyone will be worrying about how to bring it back and restore it. She urged the Council to support the largest buffer possible because Edmonds Marsh is a treasure. Edmonds City Council Draft Minutes March 21, 2017 Page 12 Packet Pg. 14 4.1.a John Paynich, Edmonds, a builder and a contractor, said when the environment is literally under attack, it the duty of the City and citizens to protect beyond what is legally required. This is necessary for Puget Sound, for salmon runs, for the J Pod and as a legacy for the City. This is an opportunity to make the situation better and make it work better than it is supposed to, rather than just doing the minimum. When he builds, he thinks about the legacy of the project; builders who are considering any development in this area need to have that as their primary function. The marsh is unique, a necessity to the environment and it is worth protecting. Jason Stutes, Lynnwood, a marine scientist employed in Edmonds who has studied estuarian processes from the Baltic to the Gulf of Mexico, Puget Sound to Alaska, said he has a particular investment in the Edmonds Marsh both for its aesthetics and ecological uniqueness. When thinking about the Edmonds Marsh and its ecology function, he considers what could potentially impair that function. He recognized what the marsh currently provides but believed it could provide more. Thinking from an ecosystem prospective, the major constraints on the marsh's ecological function is processing a lot of unfiltered, unmanaged stormwater, its high retention and lack of a natural connection to Puget Sound. In considering the buffer options, he liked the idea that there was no one size fits all. Promoting an overly larger buffer may preclude a more specialized, tailored approach to preserving and perhaps enhancing the marsh. He advocated for a more tailored approach, looking at the specific issues and how a buffer might help alleviate those issues. One of the primary goals of an overly large buffer is stormwater management, filtration and processing for contaminants; however, a buffer of that size does not actually provide that function and more specific stormwater management for the marsh should be the goal via a more customized buffer options. David Richman, PhD, Edmonds, said like many people, he finds the Edmonds Marsh a very pleasant place to spend time reconnecting with nature in a hectic world. The marsh serves as a haven for wildlife in a much -reduced ecosystem but also as a place for casual wildlife watching, scientific research education and a place to maintain mental health. He expressed support for Option D, a rigorous current best science approach to determining the best outcome of development at Harbor Square. He has over 25 years' experience as a reviewer of scientific grant proposals, a book proposal and journal manuscripts as well as a review participant in grant proposals and journal articles. The rationale and ethical standards involved in peer review for scientific research are pertinent to the redevelopment of Harbor Square as both require judgment of competent professionals who have no stake in the outcome and who rely on the understanding of best science available. Ideally such peer review of future projects should include three reviewers and reviewers must have some knowledge of ecosystem requirements and have no vested interest in the outcome of their review. This accomplishes two major goals, sets the most knowledgeable basis for a given project and reassures citizens of Edmonds that all interests are taken into account when making decisions that will affect the City for decades. Valerie Kendall, Edmonds, spoke in favor of a course of action that helps preserve and restore the marsh ecology. As the parent of a scientist, she supported the best scientific information but was aware science evolves and it takes citizens with a clear commitment and stake to participate in the decision. She thanked the citizens who attended tonight's meeting as well as staff and Councilmembers for their work. She recognized this was a sensitive issue, and as a planner herself, she was aware not everyone was always happy with an outcome. She believed the Edmonds Marsh is a key identifier for Edmonds and it has the potential now and in the future to help economic development, tourism, and provide a sense of who we are. She urged the Council to consider this opportunity to preserve, enlarge and enhance the functionality of the marsh and not worry about where the money would come from; establish the goals first and figure out the funding later. Phill Butler, Edmonds, said he and his wife have been publicly, positively and proactively supportive of the best possible scenarios for the Edmonds Marsh. Due to his work, he had the opportunity to view the Edmonds City Council Draft Minutes March 21, 2017 Page 13 Packet Pg. 15 4.1.a interface between ancient landscapes, water features and other ecological elements in other counties, an experience that convinced him that even in places like the European Union where ecological concerns are draconian, it is possible to have creative solutions at the intersection of modernization, organization and respect for the environment. There is no reason Edmonds cannot find the best possible solution for the Edmonds Marsh. The official Ecology position was originally 65 feet; the City Council revised Ecology's position to include multiple options. No technical, scientific study has been done by Ecology or any other groups suggesting a setback greater than 65 feet is either needed or justified. He recalled the Harbor Square development plan adjacent to the marsh because a highly decisive issue several years ago and an ill-advised City Council rejected the Port's proposed plan. He feared the position of many who steadfastly hold to the 125-foot setback is actually a Trojan horse for the old, high divisive, anti -Harbor Square development, now cloaked in the respectability of environmental ecological concerns. As a citizen paying taxes, he was concerned with the adversarial relationship between the City Council and the Port. Although the City Council positions itself as authority in environmental issues, the Port, who controls Harbor Square, has since its formation in 1948 been looking out for the best environment interest of Edmonds citizens for 70+ years. Janet Way, Shoreline, representing the Sierra Club Snohomish County Group, requested they be a party of record with legal standing in this matter. She loves to visit Edmonds and when her parents visit from New Jersey, they stay Harbor Square Inn so they can be next to the marsh. The Edmonds Marsh is a historic regional destination for tourists, a magnet for people worldwide who come to enjoy its beauty, wildlife, diversity, and passive recreation experiences. The Edmonds Marsh is unique in this region as a saltwater wetland estuary especially in an urban area. The marsh is a wildlife refuge, salmonid habitat and has over 200 birds species. She worked on a project in the Northgate area, daylighting of Thornton Creek at Thornton Place, a long fight that resulted in the best project. Buffers are important for water quality and wildlife habitat; Option D provides the most ecological function. Invasive development is a threat because the integrity of the saltwater marsh and impervious surfaces are the enemy. Whatever the Council can do to reduce impervious surfaces and expand the marsh should be done. Option D ensures the best outcome for people and wildlife based on rigorous science and sustainability. Edmonds has an obligation and duty to protect and defend this unique resource. Debbie Hopkin, Edmonds, described her background in immunological disease and public health and current pursuit of a second graduate degree in public health in the environment. She thanked the Council for carefully considering the SMP, acknowledging the need to make changes that provide definition and clarity. Defining who has the ecological expertise to perform scientific site specific studies and how they are peer reviewed is essential to decision making and is consistent with best practices around the world. There is no doubt this will provide value for future development of the shoreline. She expressed support for Option D for its specificity, clarity and peer review. Protecting nearshore environments is critical for two reasons, 1) the health of the Puget Sound, increasingly at risk from toxic stormwater and pollution and how that negatively affects food webs and diminishes ecological function, and 2) as sea level rises, water draws closer to communities and in the rapidly shifting environment where shoreline communities worry about stormwater and sea level rise, governments are already implement policies for new green infrastructure programs to prevent the degradation and flooding from higher than expected tides and storm surges. Edmonds has a 22-acre salt marsh that can naturally do what the money, planning and work seeks to do if it is protected and fortified. A rigorous study released last week values Australian salt marshes at $7.2 billion for their ability to sink carbon. Preserving naturally occurring salt marshes is a widely -recognized need and is a priority among governments from Massachusetts to Florida and internationally. As shoreline communities around the world model sea level rise scenarios, they are looking to rebuild and replace salt marshes that have been lost. Edmonds has an opportunity to demonstrate leadership in the shared and intertwined responsibility of public health and ecosystem preservation. As a community, the Council and citizen body should do whatever possible to preserve and Edmonds City Council Draft Minutes March 21, 2017 Page 14 Packet Pg. 16 4.1.a fortify Edmonds Marsh for the invaluable and irreplaceable resources it provides to both the larger ecosystem and the health and safety of the community in future years. Marty Jones, Edmonds, a member of SOM, asked the City Council to support Option D, commenting on the importance of any study for an alternate buffer include the scope of work in Option D to ensure the wildlife who depend on the marsh are protected. Peer review by experts in the subjects outlined in the scope of work is necessary to ensure the study is done in a competent and unbiased manner. The Edmonds City Council is the only entity qualified make the decision on how to act on the site specific study. The Edmonds Marsh belongs to the City and its citizens; the City Council is citizen's voice, and citizens put their trust in the Council to make the best decision. This is a critical decision for Edmonds that will have impacts for many generations. She expressed concern with a recent comment in My Edmonds News from a Port member who said it now appears that wider buffers will eliminate any prospect for redevelopment of Harbor Square. She displayed a picture made from satellite images from Google Earth to illustrate the 125-foot buffer does not impact a majority of Harbor Square and does not eliminate it from possible redevelopment. The area impacted by the buffer is primarily parking lots and tennis courts. Edmonds needs representatives that look for opportunities and cooperative ways to find solutions rather than assuming every problem is an insurmountable obstacle. It is time for the Port, the City, the Council, SOM and others to work together to find the greatest good for Edmonds. Victor Eskenazi, Edmonds, said he would like to see the marsh returned to the size it was 200 years ago before the first white man arrived. He was tired of the divisiveness due to money. Those with financial stakes at risk do not want to lose money, no one does. If finances were removed from the discussion, the Port likely would not object to a wider buffer. Rather than fighting over money, he suggested mediation such as a weekend conference with all the stakeholders concerned about money as well as everyone else. The conference would provide an opportunity to listen and understand why there is a fight over money and then there may be more willingness to work with those who do not have finances at risk. This process has been inundated by facts, yet best science is a fantasy. Most decisions are based on emotion and peoples' livelihoods. He summarized his suggestion for a facilitated weekend conference where everyone that has a stake works together. Joan Bloom, Edmonds, urged the Council to approve Option D without any amendment. Option D will ensure the marsh is preserved for the long term by providing a detailed scope of work for site specific study to ensure an unbiased study is done that values all the ecological functions of the marsh. To Councilmember Teitzel's concerns that SOM is a special interest group, she reminded that most members are Edmonds residents who he represents. None of the members of SOM have anything to gain financially from their support of the Edmonds Marsh. She urged Councilmembers to consider whether special interest groups support reduced buffers. Marjorie Fields, a SOM member, wrote an excellent editorial in My Edmonds News last week about her support of the Edmonds Marsh. Port Executive Director Robert McChesney replied, "it now appears that wider buffers will eliminate any prospect for redevelopment at Harbor Square. What you see is what you get." Mr. McChesney's statement is not only false, it is baffling. All Mr. McChesney and the elected Port Commissioners need to do is look to Salish Crossing where the owner, Lindsey Echelbarger, redeveloped the existing building without increasing the height, without adding condominiums, remaining code compliant and economically viable and creating a community asset. She was sure a majority of the Council's constituents would applaud the redevelopment of Salish Crossing, yet Mr. McChesney says it cannot be done. It is time the Port and City work with taxpayers of the City and Port to envision appropriate redevelopment at Harbor Square, redevelopment that excludes residential, supports existing businesses, and adds services and amenities that reflect the will of the community. If done properly, the Edmonds Marsh will be protected now and for future generations. Susan Pane, Edmonds, thanked the Council for their tireless service. She was excited about Option D, explaining she moved to Edmonds for the schools but also the terrific parks and great natural areas such Edmonds City Council Draft Minutes March 21, 2017 Page 15 Packet Pg. 17 4.1.a as Pine Ridge, Yost, Maplewood Parks. An experience in nature is not available in many places and the places in Edmonds should be cherished. The Edmonds Marsh offers many opportunities to connect with the natural environment, adds continuation of the beaches, and having an active natural marsh for both estuarian environment services and the ecology impacts provides tremendous benefit to all Edmonds residents as well as attracts visitors and birds. She appreciated the scientific basis for decision making and peer review. Science will declutter the issues and she supported having peer reviews. A fully functioning salt and freshwater marsh will also attract new businesses. People come to Edmonds for the beauty, the people, the culture and the environment. She recommended using that as the vision for any new development near Edmonds Marsh. Ray White, PhD, Edmonds, a member of the SOM science committee along with Alan Mearns and Dave Richmond, retired from Michigan State University and Montana State University, said he and his wife moved to Edmonds for the mountains and amenities like the Edmonds Marsh. His professional specialty is ecological restoration of trout and salmon streams; he started his first job in 1957. He echoed previous speakers' comments about the value of the Edmonds Marsh. With regard to building setback, he recommended defining building, recognize that much else is detrimental to the Edmonds Marsh such as roads, parking lots, other infrastructure and impervious surfaces. All engineering work such as buildings eventually deteriorate and have to be replaced; redevelopment of Harbor Square will occur at some point. Sarah Murphy, Edmonds, described her background as a former English and science teacher and survivor of three floods on the east coast. The impact of poor planning has devastating effects and her hometown in New Jersey did not recover from repeated flooding of the Delaware River. She was excited about the idea of planning and options that include involving scientists and peer review. She applauded the Council for their forward environmental thinking. While a middle school teacher, she witnessed the wonder of a child visiting a marsh and identifying birds and fish as well as to learn about the impact of plastic on the ecosystem, an experience that cannot be duplicated in the classroom. The Edmonds Marsh is a valuable ecosystem; she feared development would result in only pictures of the former wildlife in the marsh. The EPA identified ecosystems as the nursery of the sea, without them, there cannot be viable, strong ecosystems that feed into places like Puget Sound. With the current administration gutting the EPA, it will be up to the local government to save the marsh in spite of funding cuts to Puget Sound. She summarized D was the best option. Suzy Schaefer, Edmonds, said she was both discouraged and excited; excited about Alan Mearns' statement about the science of today and tomorrow because she knew the science of yesterday and that development projects do not solve environmental problems. Fortunately SOM includes scientists; Option D was the best SOM could do; it provides flexibility and does not take anything away from the existing marsh. She was excited the coyotes were back at the marsh. She expressed support for Option D and saving the marsh. Victoria Leistman, Seattle, an organizer with the Sierra Club, commented it was not often this many citizens came out to talk about an issue they care about. As an organizer, she often has talk about what she is against; in this case people are expressing their support for preserving the Edmonds Marsh. She had an opportunity to meet with Ecology Director Bellon on this issue last December before the 110-foot buffer option was submitted by the City Council. Director Bellon prides herself on giving communities the opportunity for compromise. This is an incredible opportunity to protect the marsh in a way that is based on a scientific site specific study but also gives the community an opportunity to work together in a way that protects the special place but does not preclude Edmonds from growing in a manner that is sustainable and promising for the future in spite of what is happening at the federal level. Carin Chase, Edmonds School Board Member, said her goal was to ensure the educational opportunities that children have at the Edmonds Marsh are protected. Given the national climate and the challenges that Edmonds City Council Draft Minutes March 21, 2017 Page 16 Packet Pg. 18 4.1.a Puget Sound is facing, the City has an opportunity to lead the nation in defending and protecting natural places. She began her career as a marine field researcher biologist at the Valdez oil spill; many places have still not recovered and are lost forever. Protecting the natural environment is the Council's paramount duty, and she urged the Council to protect Edmonds Marsh to the upmost within their power. David Preston, Edmonds, Port of Edmonds Commissioner, commented there have been coyotes at the marsh since the late 1970s. He displayed pictures of the Edmonds Marsh in 1940 where there was no oil dock or marina; 1947; 1955 shows the oil docks and tanks, railroad tracks and where trains would dump asphalt and oil; 1967 which shows the marina and infill from the marina toward the future location of SR- 104; 1970 showing the footprint of Harbor Square and contaminants on the railroad tracks; 1976 where not much is going on in marsh; 1981; 1985 post cleanup; 1989 showing a healthier marsh; and 1993. He read a proclamation dated March 21, 2017: Whereas by talking to each other instead of about each other, the marsh will have a better outcome, Whereas tenants, property owners and concerned citizens need to sit together at the table to true help the environment, Whereas honesty and transparency will further improve the marsh, Whereas the daylighting of Willow Creek will help improve the salmon runs in Puget Sound, Whereas a healthy marsh and clean stormwater protects Puget Sound, Whereas recognition that the Port of Edmonds has spent almost $2.5 million on cleanup of Harbor Square, Whereas 25 years and with a 25-foot buffer, the marsh has benefited. Let's resolve to save the marsh together and keep the unity of this community together to improve the long term condition of the marsh for our kids, grandkids of the Edmonds and Woodway area. Laurie Johnson, Edmonds, expressed appreciation for the Port's proclamation. As she has learned more about the marsh, how unique it is and how fortunate citizens are to have it in Edmonds, the importance of protecting it is apparent. Citizens recognize the uniqueness of the marsh and the benefits it provides to the community and want to put their resources put toward protecting it. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Buckshnis clarified Mr. Scordino's appeal did not stop the cleanup of Unocal. His appeal was in regard to the closing of the gate, flooding, and overflow into the marsh. David Pater, Ecology, said it was an appeal of the water quality and the DES permit. Development Services Director Hope offered to provide further information at the Council's next meeting. Councilmember Buckshnis expressed interest in the Council having a scientific report done based on Appendix C, removing the sentence "and in the context of an approved master plan development or redevelopment on one or more edges of marsh." She proposed using Council contingency funds to do a site specific report with the information in Appendix C to provide a baseline for future review when any development is proposed. Councilmember Teitzel thanked the audience members for their comments; they are very well informed and care about the City, the marsh and the environment. and marsh. With regard to the obligation to respond to Ecology by the end of March, he did not think that would happen. He has a number of questions he wants to bring up on the record next week. He suggested a motion to extend the response deadline to April 30. Mayor Earling suggested that decision be made next week. Councilmember Nelson looked forward to voting next week. Mayor Earling declared a brief recess. Edmonds City Council Draft Minutes March 21, 2017 Page 17 Packet Pg. 19 7. ACTION ITEMS 1. POTENTIAL ACTION ON THE HIGHWAY 99 SUBAREA PLAN Development Services Director Shane Hope introduced John Fregonese, Principal, Fregonese Associates, who provided an aerial of the project area on Highway 99 and reviewed: • Planning Process o March - April 2016: Understanding existing conditions o April - June 2016: o April - Nov 2016: Develop land use and transportation scenarios o Oct - Dec 2016: Develop Sub -Area Draft plan o Dec - Feb 2017: Final Sub -Area Plan • March 2016 Public Workshop o Identified opportunities for new housing and business, community centers and services, and infrastructure upgrades o What did the public want? • May 2016 Open House o Revealed near and long-term development and transportation opportunities and its impacts • November 2016 Open House o Revealed implementation strategies and policy recommendations o Public had opportunity to review the recommendations at the Open House and online and provide feedback o Community values: ■ Connectivity ■ Destinations ■ Beautification ■ Safety ■ Walkability ■ Affordable housing ■ Healthy businesses Distinct Subdistricts o Major local and regional destinations on Hwy 99 ■ International District - Diverse restaurants, grocers and shops; major Korean business cluster ■ Health District - Swedish Hospital and medical offices ■ Gateway District - Identified by the community during workshop - Desire for "gateway" and distinct transition point in and out of Edmonds • Long segments without crossings o Central area requires 10-minute walk to find safe crossing • Housing development o Widespread desire for housing, particularly in south • Mixed Use Development o Widespread desire for mixed use, particularly in south and central • Pedestrian Crossing o More mid -block crossings throughout • Key Assets in Corridor Area o Opportunity to build on the momentum of ongoing improvements in Shoreline along Hwy 99 Edmonds City Council Draft Minutes March 21, 2017 Page 18 Packet Pg. 20 4.1.a o High -quality transit facilities already in place providing links to housing, jobs and amenities in the region o Distinct districts already emerging — International and Health Districts — that provide core services and amenities o Already a mixed -use district with retail uses adjacent to single- and multi -family housing o Business, developer community and residents are ready to see positive changes to create a safe, walkable, healthy place Mr. Fregonese reviewed Implementation Strategies, Policy Recommendations + Actions • Draft Zoning & Development Recommendations o Strengthen Economic Opportunity ■ Support unique business clusters such as International District and Health District ■ Major auto sales facilities remain important to the local economy. Pedestrian Activity Zone standard will allow auto sales to continue business as usual ■ Strengthen and continue support for business orgs. in county and state ■ Pursue broadband internet throughout corridor to attract high-tech business investment ■ Consider unique designs for streetscape improvements such as signage and lighting o Encourage Sustainable Building Practices ■ Transit and pedestrian -friendly development with less reliance on automobile trips, should be promoted through new design standards ■ Consider requiring electric vehicle charging facilities especially within new residential developments and bicycle facilities ■ Encourage use of solar panels and green building practices o Map of proposed update to Comprehensive Plan designations ■ Health District ■ International District ■ Gateway District o Current Zoning Map ■ The only difference between CG and CG2 is the height limit (CG = 60' and CG2 = 75') ■ Many current zones are remnants from the counties antiquated zoning ■ Many zones do not match with the parcel boundaries o Proposed Zoning Map ■ The proposal is to change these zones to the consolidated CG zone ■ Incorporate design standards directly into zones to ensure scale transition into neighborhoods ■ More predictable outcomes for community o Comprehensive Plan Map ■ New zoning is consistent with the Comprehensive Plan map o Strengthen current design standards ■ Incorporate them directly into the zoning code ■ Consideration of special circumstances within the corridor will be made to ensure the standards are feasible, such as large parcels that would have multiple buildings if redeveloped and parcels with unique access or transportation challenges may require a modified approach to the design standards. o Changes to Access and Parking ■ Issue Today: current standards allow too much parking in the front of buildings, which negatively effects the pedestrian environment and hinders redevelopment potential o Existing District -based Design Standards Hwy 99 Corridor CG/CG2 — criteria ■ Access and Parking Edmonds City Council Draft Minutes March 21, 2017 Page 19 Packet Pg. 21 4.1.a - Not more than 50 percent of total project parking spaces may be located between the building's front facade and the primary street. Parking lots may not be located on corner locations adjacent to public streets o Recommended Design Standards for Urban Areas ■ Parking Predominately on Side or Rear - Parking areas may comprise 40% or less of street frontage - Better design than current standard: no more than 50% of total project parking spaces may be located between building's front facade and the primary street ■ Buildings on the Street Frontage - Primary Frontage - min. 50% of primary street frontage should have buildings within 10 feet of front property line (at the edge of Pedestrian Activity Zone) - All Other Frontages - 50% of side and rear street frontages to have buildings, walls, or hedges at least 4 feet in height, within 10 ft of property line ■ Ground Floor Transparency - 50% of Primary Frontage building facade within 10 feet of frontage lot line be made of transparent windows and doors. All other building frontages require 30% transparency. o Current Standards ■ Screening and Buffering - Parking lots - Type IV landscaping, minimum four feet wide, is required along all street frontages. ➢ This standard creates landscaped barriers between pedestrians and buildings rather than enhancing a safe and comfortable pedestrian zone o Changes to Screening and Buffering "Pedestrian Activity Zone" ■ Replace with required 10-foot Pedestrian Activity Zone - Allows for a range of active uses like sidewalk cafes and amenities such as public art, street furniture, street trees, bus shelters, pavement patterns, lighting, etc. - Expanded Sidewalk Width ■ Amenity Space - Outdoor amenity space, such as landscaping, benches, etc. should be required in conjunction with development - A portion of the required amenity space should be provided as common space and may include pedestrian areas o New Stepback Design Standards ■ No current stepback regulations exist ■ Purpose: Ensure a transition in height and bulk between multifamily/mixed-use buildings in commercial zones and adjacent single family zones, while enabling more housing options to be built adjacent to Hwy 99 o Recommended Front Setback for Multifamily and Mixed -Use Adjacent to Single Family Zones ■ GROUND FLOOR SETBACK - For frontages on Highway 99, require a front setback of 10 feet to accommodate a Pedestrian Activity Zone. - For frontages not on Highway 99, reduce frontage setbacks to 5 foot and encourage enhanced pedestrian realm (larger sidewalks, useable landscaping, etc.). - Keep current 15 feet setback and 10' landscaping requirements for lot line adjacency with single family zones. o Recommended Front Stepback for Multifamily and Mixed -Use Adjacent to Single Family Zones ■ UPPER FLOOR SETBACK - Zero setback up to 25 feet in height (30 feet is the maximum height in RM 1.5, which is the predominant zone surrounding the commercial zones on Highway 99). Edmonds City Council Draft Minutes March 21, 2017 Page 20 Packet Pg. 22 - 10 foot setback beyond 25 feet in height on sides with lot line adjacency to single family zones - 20 foot setback beyond 55 feet in height on sides with lot line adjacency to single family zones - 8 foot stepback beyond 30 feet in height on sides across a street from single family zones - Stepback areas can be used for active outdoor space such as balconies. o Recommended Transit -Supportive Parking Standards ■ Reduce minimums; follow market demand for parking - Residential ➢ Current: Studio: 1.2 / 1-Bedroom: 1.5 / 2-Bedroom: 1.8 / 3-Bedroom: 2 ➢ Recommended: One space per unit that is less than 700 sq. ft. - Commercial ➢ Current: 2.5 per 1,000 square feet (1 per 400 sq ft) ➢ Recommended: 2 per 1,000 square feet - Exempt first 3,000 sq ft of commercial uses within mixed -use buildings that have a shared parking plan (parking study and management plan) ➢ Reduces cost burden for small, local entrepreneurs ➢ Staff decision on compliance Mr. Fregonese continued his review: • Draft Affordable Housing Recommendations o Define Hwy 99 area as a "target area" to allow Multi -Family Tax Exemption (MFTE) projects ■ Pass ordinance to enable MFTE project in Hwy 99 area ■ All residential -portion of building value tax exempt for 12 years with at least 20% affordable units o Continue to enhance fee waiver program for affordable housing ■ Enhance its City program to allow the reduction of transportation and park impact fees for projects that include affordable housing o Mixed -Use, Mixed -Income Demonstration Project ■ Identify site with willing owner or City purchase/transferrable option ■ Actively recruit developers (non-profit; public -private) ■ Pilot project for new MFTE and fee waiver programs, and other possible special assessment districts o Other Affordable Housing and Infrastructure Finance Recommendations ■ Key Financing Tools and Funding Sources to Pursue - City Fund for Redevelopment and Affordable Housing - Community Renewal Area (CRA) - used in Shoreline - Hospital Benefit Zone (HBZ) Financing Program - Local Infrastructure Project Area (LIPA) Financing - Landscape Conservation and Local Improvement Program (LCLIP) - Low Income Housing Tax Credits (LIHTC) - HUD HOME Program - HUD CDBG Program - Enterprise Community Partiers Regional Equitable Development Initiative • Draft Signage & Wayfinding Recommendations o Gateway Signage at Hwy 99/Hwy 104 interchange o Transit Gateway Signage/Station at Hwy 99/228th o Improve wayfinding signage along corridor Edmonds City Council Draft Minutes March 21, 2017 Page 21 Packet Pg. 23 4.1.a ■ Identify downtown, Lake Ballinger, multiuse path (Interurban Trail), new regional rail, International District, Health District, other activity nodes o Unique District Design Identity ■ Branding, public/local art, street furniture, unique bus shelter designs, pavement patterns, special lighting fixtures, colored crosswalks, banners, etc. o Prohibit new pole signs Draft Transportation Recommendations o Improve Transit Transfers: ■ Unify/consolidate BRT and local transit stops to reduce walking distance for transfers o Hwy 99 and 228th will be Key Intersection ■ 228th will connect Edmonds to regional rail in Mountlake Terrace. ■ Shuttle/transit service from Hwy 99 to regional rail station ■ Consolidated transit stop at 228th ■ New BRT station ■ Clear signage ■ High quality bike connection on 228th o Incentivize Alternative Transportation Options: ■ Car Share/Bike Share ■ On -site bike parking ■ Ride sharing services (Uber, Lyft) ■ Electric car charging stations ■ Incentives: Impact fee reductions and parking requirement offsets for providing dedicated accommodating alternative transportation options on -site Draft Transportation Infrastructure Recommendations o Expand use of grant programs to fund safety improvements and pedestrian facilities ■ Safe Route to School Program ■ Pedestrian and Bicycle Program ■ Highway Safety Improvements Program (HSIP) ■ Congestion Mitigation & Air Quality Program (CMAQ) o Proposed Short & Long -Term Transportation Improvements ■ Transportation Goals: - Improve pedestrian safety and access to/from Hwy 99 corridor - Improve pedestrian environment along Hwy 99 corridor - Safe pedestrian crossing of Hwy 99 and access to transit - Improved transit mobility and transit stop environment - Improved traffic flow and general safety with access management ■ Key Recommended Transportation Improvements - Close the most significant gap in the pedestrian crossings within the corridor - 238th to 228th - a distance of 3,700 ft. - has no controlled pedestrian crossing - Improve pedestrian access from the south at the SR 104 interchange - Long-term recommendation: Reconfigure ramps to conventional 90-degree stop control intersections - Short-term recommendation: Install Rectangular Rapid Flashing Beacons (RRFB's) with high visibility crosswalk - Encourage walking and biking to access plan Highway 99 from surrounding neighborhoods - "Complete Streets" - sidewalks, safety lighting, street lighting, pedestrian -scaled lighting, drainage improvements, etc. - Streets that can be safely traveled by pedestrians and bicyclists at night will experience travel during the day - Improve connections between transit and major employment centers Edmonds City Council Draft Minutes March 21, 2017 Page 22 Packet Pg. 24 ➢ Swift Stations at 216th and the Swedish Hospital Campus: Implement a pedestrian walkway system within campus with wayfinding o Maps of Planned Transportation Improvements and Project Supportive Transportation Improvements, identifying the location of. ■ Improvement Index Number ■ Existing Signalized Intersection and Ped Xing ■ Proposed New Traffic Signal and Pedestrian Crossing ■ Intersection Safety & Capacity Improvements ■ New Bike Route Designation ■ New Class 11 Bicycle Lanes ■ Street Improvements for Pedestrians ■ Access Management (Raised Medians) ■ Pedestrian Hybrid Signal (HAWK) o Photographs of: ■ Health District Gateway - Today - With initial public investments - With corresponding private investments ■ SW 234t' - Today - With initial public investments - With corresponding private investment Next Steps: o March 21 - City Council disscussion of Subarea Plan o March 22 - Planning Board meeting for initial review/discussion of Development Code Amendments to implement the proposed Hwy 99 Subarea Plan o Early April - Open House for Draft EIS o April 12 - Planning Board public hearing on Development Code Amendments and Planned Action Ordinance (PAO) o May 9 - City Council public hearing on Development. Code and PAO o June 5 - City Council to consider adopting: a) Subarea Plan, b) Development Code Amendments, and c) PAO Councilmember Fraley-Monillas commended the plan, commenting this would be an improvement to the corridor and brighten the entire environment. She referred to the proposed zoning map, recommending the RM-2.4 zones be changed to CG. Mr. Fregonese said they have the Comprehensive Plan designation. Because there was development on the property that was not envisioned to redevelop, the zoning was not proposed to be changed. Councilmember Fraley-Monillas She preferred more contiguous CG zoning in the corridor for the future. Councilmember Johnson concurred this was a great plan but it needs fine tuning. For example at the beginning of the plan, there are three alternatives, but at the end there are only two and there is reference to the second alternative but the description is actually the third alternative. Mr. Fregonese agreed that could be clarified, explaining some of the residential options were combined for the EIS. Councilmember Johnson expressed interest in how the recommendations regarding transportation will be translated into the Comprehensive Plan as there is already a Transportation element. Ms. Hope answered staff is working with engineering; a number of the projects are already in the City's plans. If anything is not, it will presented to the Council as part of the Comprehensive Plan amendments at the end of the year. Edmonds City Council Draft Minutes March 21, 2017 Page 23 Packet Pg. 25 4.1.a Councilmember Johnson commented on the lack of analysis about the importance of auto dealerships in the economic analysis but it did appear in a recommendation. The Highway 99 corridor has a number of auto dealerships which represent the number one revenue stream for the City. She recommended that be included in the economic analysis. Councilmember Johnson observed there is a lot of concern about bicycle connections across Highway 99 to the Interurban Trail, yet she did not see any specific recommendations. There are projects that come close to 76ffi but the crossing of Highway 99 is missing at key connections to the Interurban Trail such as 220t'. Councilmember Johnson observed the plan includes three districts, Gateway, International and Health; however, the Swift station in the Health District is the Gateway station. She recommended working with Community Transit to change the name of that station or develop a new name for the Gateway District. She referred to the proposed zoning map, expressing interest in establishing a strategy for Highway 99 in Esperance. Councilmember Tibbott liked how public input was incorporated into the plan. He asked about walkways that move pedestrians from sidewalks along Highway 99 into the interior of projects. Mr. Fregonese answered the code requires a pedestrian path to connect building fronts. Councilmember Tibbott commented on the importance of pathways through parking lots. He was encouraged to see the landscaping especially along the walkways in the pedestrian zone and separation from traffic. He expressed interest in locating affordable housing close to transit and recommended the plan address the importance of affordable housing in those areas, even stating a preference for affordable housing in those areas. Council President Mesaros referred to the zoning snap and inquired about the white area at the south end. Ms. Hope offered to research. With regard to Councilmember Johnson's comment about Esperance, Council President Mesaros suggested a future presentation identify the zoning on Highway 99 in Esperance to determine if it was compatible. Mr. Fregonese agreed that could be done. Ms. Hope assured the zoning in Esperance would be different than Edmonds. Councilmember Buckshnis expressed support for the recommendation to allow MFTE projects and Councilmember Fraley-Monillas' suggestion about consistent CG zoning. Councilmember Nelson referred to the statement, "encourage use of solar panels and green building practices" and suggested changing it to "encourage and incentivize use of solar panels and green building practices." COUNCIL PRESIDENT MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO EXTEND THE MEETING TO 10:10 P.M. MOTION CARRIED UNANIMOUSLY. Ms. Hope advised staff will return to Council with minor modifications; work will continue on next steps. 8. MAYOR'S COMMENTS Mayor Earling reported while Edmonds was enduring rain last week, he was in Washington D.C. enduring snow and ice. Fortunately, D.C. only got 3 inches of snow compared to 1'/2 feet of snow in New York. He was in Washington D.C. attending a Transit Conference, paid for by Community Transit. He also had an opportunity to meet with Senators Murray and Cantwell, and Representatives Larsen, DelBene and Jayapal. Edmonds City Council Draft Minutes March 21, 2017 Page 24 Packet Pg. 26 4.1.a 9. COUNCIL COMMENTS Councilmember Nelson provided the following: Today we see discrimination against immigrants on the rise throughout our country. Locally, we are not immune. Recently, we had two local fire commissioners make discriminatory remarks about immigrants during a public meeting unaware they were being recorded. I do not know what is more troubling, their actual discriminatory comments or their public defense of them as jokes and that others have said worse. You can call it jokes, banter, whispers, gossip, but every time we allow this type of behavior to go unanswered and without consequences, we will only encourage and condone it. The City of Edmonds is in a contract with Fire District 1 for fire service with board members who think it is funny not to hire immigrants. Tonight the commissioners decided to reverse themselves and voted to support their own reprimand. What assurances do we have from Fire District 1 that this discriminatory behavior does not exist elsewhere over there? What is Fire District 1 going to do to prevent these acts from happening in the future? Councilmember Nelson continued, it is clear to me that under the current circumstances, there is little we can do. I believe our City, our residents, deserve better. That is why I will be introducing an ordinance in the coming weeks that requires all our city contracts to prohibit discriminatory practices. If you have a contract with our city and you engage in discrimination, we will be able to terminate our contract with you. Our Safe City resolution calls on our City Council to be committed against any acts of intolerance against our community members. It is time we mean what we say. Councilmember Tibbott echoed Councilmember Nelson's comments; the words by FD1 commissioners are regrettable and inexcusable and would not be tolerated in Edmonds. He remind citizens that FD 1 commissioners are elected officials and some are coming up for election soon. The Council welcomes diversity in Edmonds as Mayor Earling mentioned earlier and it was regrettable that the FD1 commissioners spoke the way they did. Councilmember Tibbott reminded of the Town Hall that he and Councilmembers Teitzel and Fraley- Monillas are hosting an tomorrow at 6:30 p.m. at Swedish Edmonds. He looked forward to meeting with citizens to discuss their views and opinions. Council President Mesaros expressed appreciation for Councilmembers Nelson and Tibbott's comments, agreeing there was no defense for the comments made by the FD1 commissioners and he encouraged them to resign. He relayed Chief Compaan's invitation for a Councilmember to participate on the interview panel for the new parking enforcement officer. Councilmember Johnson reported this is National Brain Injury Awareness Month and tomorrow is Brain Injury Awareness Day on Capitol Hill. This is an important issue and one of the things the City can do is require bicycle riders to wear helmets. She volunteered to work with Councilmember Fraley-Monillas and the Health District to develop a countywide policy similar to the policy in King and Pierce Counties. In Snohomish County, only Lynnwood requires bicycle riders wear helmets. Councilmember Teitzel encouraged the public to attend the Town Hall at Swedish Edmonds at 6:30 p.m. in the 4th Floor Conference Room B. Councilmember Fraley-Monillas reported the Special Olympics World Games are underway; at least one athlete from Edmonds is participating. Today is Down Syndrome Awareness Day, a day to recognize their abilities. 10. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) Edmonds City Council Draft Minutes March 21, 2017 Page 25 Packet Pg. 27 4.1.a This item was not needed. 11. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 12. ADJOURN With no further business, the Council meeting was adjourned at 10:09 p.m. Edmonds City Council Draft Minutes March 21, 2017 Page 26 Packet Pg. 28 4.2 City Council Agenda Item Meeting Date: 03/28/2017 Approval of claim checks Staff Lead: Scott James Department: Administrative Services Preparer: Lori Palmer Background/History Approval of claim checks #224635 through #224737 dated March 23, 2017 for $1,001,548.30. Staff Recommendation Approval of claim checks. Fiscal Impact Claim checks $1,001,548.30 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: Claim Checks 03-23-17 FrequentlyUsedProjNumbers 03-23-17 Packet Pg. 29 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224635 3/23/2017 070322 A&A LANGUAGE SERVICES INC 224636 3/23/2017 065052 AARD PEST CONTROL 224637 3/23/2017 061029 ABSOLUTE GRAPHIX Voucher List City of Edmonds Invoice 15-47707 15-48609 383211 317299 224638 3/23/2017 063863 ADVANCED TRAFFIC PRODUCTS 0000017465 224639 3/23/2017 065568 ALLWATER INC 224640 3/23/2017 070976 AMERESCO INC 031517030 A PO # Description/Account SOMALI INTERPRETER COURT 6ZC SOMALI INTERPRETER COURT 6ZC 001.000.23.512.50.41.01 SOMALI INTERPRETER JAIL 6Z061' SOMALI INTERPRETER JAIL 6Z061' 001.000.23.512.50.41.01 Total PM & SENIOR CENTER PEST CONI PM & SENIOR CENTER PEST CONI 001.000.64.576.80.41.00 Total P&R: VOLLEYBALL SHIRTS P&R: VOLLEYBALL SHIRTS 001.000.64.571.25.31.00 9.8% Sales Tax 001.000.64.571.25.31.00 Total: TRAFFIC - PED PUSH BUTTONS,SI Traffic - Ped Push Buttons, Supplies 111.000.68.542.64.31.00 9.8% Sales Tax 111.000.68.542.64.31.00 Total WWTP: 3/16/17 DRINKING WATER; 3/16/17 Water services (plus 423.000.76.535.80.31.00 Total WWTP: PROJECT C431 PH 5 ENEF Construction Services 423.100.76.594.39.65.10 4.2.a Page: 1 Amoun U) U m 176.7E u E M 192.8( 369.5E 0 0 L Q. 137.2E Q 137.2E M 6� 94.4E r M N 9.2( c 103.7' y a� t U 489.0( E 47.9< U 536.9: m E t U 0 r 33.6£ Q 33.61 440,733.9' Page: 1 Packet Pg. 30 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 2 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 224640 3/23/2017 070976 AMERESCO INC (Continued) Retainage Y 423.100.223.400 -20,069.8E u 6 WWTP: C431 PH 5 ENERGY SRV 2( t Professional Services U 423.100.76.594.39.41.10 115,134.8, 'E Total: 535,798.81 0 224641 3/23/2017 075973 ANGEVINE, KATY 3/15 REFUND 3/15 REFUND 6 3/15 REFUND 0 001.000.239.200 37.0( rL Total: 37.0( Q 224642 3/23/2017 069751 ARAMARK UNIFORM SERVICES 1990065519 PARKS MAINT UNIFORM SERVICE M PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 53.Z .. 1990076074 WWTP: 3/15/17 UNIFORMS, TOWEL r wwtp uniforms A 423.000.76.535.80.24.00 N 5.1( A wwtp mats & towels N 423.000.76.535.80.41.00 115.9E 9.8% Sales Tax 423.000.76.535.80.24.00 0.5( U 9.8% Sales Tax E 423.000.76.535.80.41.00 11.30 V 1990076075 PARKS MAINT UNIFORM SERVICE .. PARKS MAINT UNIFORM SERVICE m 001.000.64.576.80.24.00 52.0< E Total: 238.2' U 0 224643 3/23/2017 071124 ASSOCIATED PETROLEUM 1047717-IN FLEET DIESEL 3380 GAL r Q Fleet Diesel 3380 Gal 511.000.77.548.68.34.10 5,712.2( WA St Excise Tax Gas, WA Oil Spill 511.000.77.548.68.34.10 1,751.7, Regular 6620 Gal Page: 2 Packet Pg. 31 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224643 3/23/2017 071124 ASSOCIATED PETROLEUM Voucher List City of Edmonds Invoice (Continued) 1054889-IN 224644 3/23/2017 012005 BALLAND GILLESPIE POLYGRAPH 2O17-015 224645 3/23/2017 071348 BERGERABAM 224646 3/23/2017 069226 BHC CONSULTANTS LLC 318069 8580 8622 PO # Description/Account 511.000.77.548.68.34.11 WA St Excise Tax Gas, WA Oil Spill 511.000.77.548.68.34.11 WA St Svc Fees 511.000.77.548.68.34.11 9.8% Sales Tax 511.000.77.548.68.34.11 WWTP:3/10/17 DIESEL FUEL 3/10/17 ULSD #2 DYED - BULK fuel 423.000.76.535.80.32.00 9.8% Sales Tax 423.000.76.535.80.32.00 Total INV 2017-015 EDMONDS PD PRE -EMPLOY EXAM - PSA 001.000.41.521.10.41.00 PRE -EMPLOY EXAM - OFFICER 001.000.41.521.10.41.00 Freight 001.000.41.521.10.41.00 Total E4MB.SERVICES THRU 3/10/17 E4MB.Services thru 3/10/17 016.000.66.518.30.41.00 Total E6GA.SERVICES THRU 2/24/17 E6GA.Services thru 2/24/17 423.200.75.594.35.41.00 ESGB.SERVICES THRU 2/24/17 ESGB.Services thru 2/24/17 423.200.75.594.35.41.00 4.2.a Page: 3 Page: 3 Packet Pg. 32 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224646 3/23/2017 069226 069226 BHC CONSULTANTS LLC 224647 3/23/2017 072005 BROCKMANN, KERRY 224648 3/23/2017 073029 CANON FINANCIAL SERVICES Voucher List City of Edmonds Invoice PO # (Continued) 5379 YOGA 5382 YOGA 5385 YOGA 5388 YOGA 5391 YOGA 5394 YOGA 5410 PILATES Description/Account 5379 YOGA INSTRUCTION 5379 YOGA INSTRUCTION 001.000.64.571.27.41.00 5382 YOGA INSTRUCTION 5382 YOGA INSTRUCTION 001.000.64.571.27.41.00 5385 YOGA INSTRUCTION 5385 YOGA INSTRUCTION 001.000.64.571.27.41.00 5388 YOGA INSTRUCTION 5388 YOGA INSTRUCTION 001.000.64.571.27.41.00 5391 YOGA INSTRUCTION 5391 YOGA INSTRUCTION 001.000.64.571.27.41.00 5394 YOGA INSTRUCTION 5394 YOGA INSTRUCTION 001.000.64.571.27.41.00 5410 PILATES INSTRUCTION 5410 PILATES INSTRUCTION 001.000.64.571.27.41.00 Total Total: 17126175 INV#17126175 - EDMONDS PD IR6255 COPIER CONTRACT 03/17 001.000.41.521.10.45.00 B/W METER USE 02-01-02/28/17 001.000.41.521.10.45.00 IR33251 COPIER CONTRACT 03/17 001.000.41.521.10.45.00 B/W METER USE 02/01-02/28/17 001.000.41.521.10.45.00 COLOR METER USE 02/01-02/28/17 001.000.41.521.10.45.00 4.2.a Page: 4 Amoun 13,254.71 U) U m t 491.4( U E .2 U 366.4: o 76 0 621.0( Q a Q 237.6( M a� 364.5( r A N A O 205.2( y a� t 374.2E U 2,660.4, .E M U 34.1, r r Q 60.7( 7.9� 48.4z Page: 4 Packet Pg. 33 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224648 3/23/2017 073029 CANON FINANCIAL SERVICES Voucher List City of Edmonds 4.2.a Page: 5 Invoice PO # Description/Account Amoun (Continued) IRC5240A COPIER CONTRACT 03/1 in 001.000.41.521.10.45.00 160.0( U B/W METER USE 02/01-02/28/17 t 001.000.41.521.10.45.00 U 17.3E E COLOR METER USE 02/01-02/28/17 001.000.41.521.10.45.00 84.8E 9.8% Sales Tax o 001.000.41.521.10.45.00 55.4: > 17126177 COPIER RENTAL FEE o COPIER RENTAL FEE Q- a 001.000.23.512.50.45.00 65.3: Q COPIER MAINTENANCE FEE 001.000.23.512.50.48.00 64.1( 17126179 CITY CLERKS COPIER LEASE AND CITY CLERKS COPIER LEASE 03/0' r� 001.000.25.514.30.45.00 675.3E 17126180 PARKS & REC C5250 COPIER CON' N PARKS & REC C5250 COPIER CON' Cl) 001.000.64.571.21.45.00 305.5E Y 17126181 CANON C5250 a� Canon lease charges 3/17 U 001.000.22.518.10.45.00 167.6� E Canon lease charges 3/17 •E 001.000.61.557.20.45.00 20.9E CJ Canon lease charges 3/17 001.000.21.513.10.45.00 20.9E c BW meter charge 2/17 001.000.22.518.10.45.00 38.6E BW meter charge 2/17 Q 001.000.61.557.20.45.00 4.8< BW meter charge 2/17 001.000.21.513.10.45.00 4.8< CLR meter charge 2/17 001.000.22.518.10.45.00 67.3, Page: 5 Packet Pg. 34 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224648 3/23/2017 073029 CANON FINANCIAL SERVICES Voucher List City of Edmonds 4.2.a Page: 6 Invoice PO # Description/Account Amoun (Continued) CLR meter charge 2/17 Y 001.000.61.557.20.45.00 8.4, u CLR meter charge 2/17 001.000.21.513.10.45.00 8.4' E 9.8% Sales Tax M 001.000.22.518.10.45.00 26.8. 9.8% Sales Tax o 001.000.61.557.20.45.00 3.3E > 9.8% Sales Tax o 001.000.21.513.10.45.00 3.3E a 17126182 WWTP: 3/2017 MO CHG & 2/2017 M Q 3/2017 MO CHG & 2/2017 METER U; 423.000.76.535.80.45.00 142.5< 17126183 CANON C2501F Contract charge 001.000.21.513.10.45.00 26.4, M CLR meter charge 2/17 N 001.000.21.513.10.45.00 21.1 £ o 9.8% Sales Tax Y 001.000.21.513.10.45.00 4.6 1 17126186 P&R PRINTER IRC2501F CONTRAC' U P&R PRINTER IRC2501F CONTRAC' E 001.000.64.571.21.45.00 35.Z) 17126187 PARKS IRC2501F COPIER CONTRAi U PARKS IRC2501F COPIER CONTRAi 001.000.64.576.80.45.00 47.6( 17126189 RECEPTIONIST DESK CITY CLERK, E RECEPTIONIST DESK CITY CLERK, U 001.000.25.514.30.45.00 30.1 < Q 17126191 INV#17126191 - EDMONDS PD C5550 CONTRACT CHARGE 03/17 001.000.41.521.10.45.00 185.7z B/W METER USE 02/01-02/28/17 001.000.41.521.10.45.00 28.1: Page: 6 Packet Pg. 35 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 7 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224648 3/23/2017 073029 CANON FINANCIAL SERVICES (Continued) COLOR METER USE 02/01-02/28/17 001.000.41.521.10.45.00 115.2( 9.8% Sales Tax 001.000.41.521.10.45.00 32.2E 224649 3/23/2017 070792 CH2O 224650 3/23/2017 065682 CHS ENGINEERS LLC 224651 3/23/2017 063902 CITY OF EVERETT 253468 451503-1702 117000079 117000410 224652 3/23/2017 071389 COASTAL WEAR PRODUCTS INC 6572 Total FAC MAINT - CLEANING SUPPLIES Fac Maint - Cleaning Supplies 001.000.66.518.30.31.00 Freight 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 Total E4GB.SERVICES THRU FEBRUARY E4GB.Services thru February 2017 423.200.75.594.35.41.00 Total WATER QUALITY - WATER LAB AN/ Water Quality - Water Lab Analysis 421.000.74.534.80.41.00 WATER QUALITY - WATER LAB AN/ Water Quality - Water Lab Analysis 421.000.74.534.80.41.00 Total UNIT 66 - BROOMS Unit 66 - Brooms 511.000.77.548.68.31.10 9.8% Sales Tax 511.000.77.548.68.31.10 Total Page: 7 Packet Pg. 36 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 8 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224653 3/23/2017 075330 COBALT GEOSERVICES 1103 E6MB.SERVICES THRU 2/17/17 E6MB.Services thru 2/17/17 in 125.000.64.576.80.41.00 11343.2( u Total: 1,343.2( 224654 3/23/2017 062975 COLLISION CLINIC INC RO#32700 UNIT 284 - REPAIRS E Unit 284 - Repairs U 511.000.77.548.68.48.00 3,096.E p 9.8% Sales Tax 6 511.000.77.548.68.48.00 303.4 - p Total: 3,400.11 Q. a 224655 3/23/2017 068815 CORRECT EQUIPMENT 34686 SEWER - SQUAT CORE Q Sewer - Squat Core M 423.000.75.535.80.35.00 2,180.0( .. 9.8% Sales Tax .. 423.000.75.535.80.35.00 213.6z r Total: 2,393.61 N M 224656 3/23/2017 069529 D & G BACKHOE INC E4JB.Ret Release E4JB.RETAINAGE RELEASE E4JB.Retainage Release 421.000.223.400 103,009.8E Total: 103,009.8E U E 224657 3/23/2017 068190 DATEC INC 33043 INV#33043 - EDMONDS PD M POCKETJET 7 MOBILE PRINTERS U 001.000.41.521.22.31.00 719.4( POCKETJET 7 BLUETOOTH PRINT[ t 001.000.41.521.22.31.00 598.0( Freight r 001.000.41.521.22.31.00 12.0( Q 9.8% Sales Tax 001.000.41.521.22.31.00 130.2E 33061 INV#33061 - EDMONDS PD PANASONIC TOUGHPADS 511.100.77.594.48.64.00 6,488.7( Page: 8 Packet Pg. 37 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 9 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 224657 3/23/2017 068190 DATEC INC (Continued) LIND VOLT INPUT CAR CHARGERS in 511.100.77.594.48.64.00 258.0( u JUMPSEAT KEYBOARDS 511.100.77.594.48.64.00 750.0( E 4TH & 5TH YEAR WARRANTY EXTE 511.100.77.594.48.64.00 700.0( 9.8% Sales Tax o 511.100.77.594.48.64.00 803.2E Total: 10,459.7, o Q. 224658 3/23/2017 064531 DINES, JEANNIE 17-3747 CITY COUNCIL MINUTES 3/14/2017 Q' Q 3/14/2017 CITY COUNCIL MEETING 001.000.25.514.30.41.00 265.2( Cl Total : a) 265.2( 224659 3/23/2017 007675 EDMONDS AUTO PARTS 1-70518 WWTP: 2 OIL FILTERS (RETURNED T" r 2 oil filters (returned/credited on Inv A CN 423.000.76.535.80.31.00 48.3, A 9.8% Sales Tax N 423.000.76.535.80.31.00 4.7z 1-70574 WWTP: BRAKE PARTS CLN t BRAKE PARTS CLN U 423.000.76.535.80.31.00 47.8E . 9.8% Sales Tax U 423.000.76.535.80.31.00 4.6� ; 1-70739 WWTP: CREDITAGAINST INV 1-70: y CREDIT AGAINST INV 1-70518 - 2 of E 423.000.76.535.80.31.00 -48.3, U 9.8% Sales Tax r 423.000.76.535.80.31.00 -4.7z Q Total : 52.5 , 224660 3/23/2017 008705 EDMONDS WATER DIVISION 6-00025 MARINA BEACH PARK SPRINKLER MARINA BEACH PARK 001.000.64.576.80.47.00 166.5� Page: 9 Packet Pg. 38 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher List City of Edmonds 4.2.a Page: 10 Voucher Date Vendor Invoice PO # Description/Account Amoun 224660 3/23/2017 008705 EDMONDS WATER DIVISION (Continued) 6-00200 FISHING PIER & RESTROOMS in FISHING PIER & RESTROOMS U 001.000.64.576.80.47.00 442.7E t 6-00410 BRACKETT'S LANDING SOUTH SPF U E BRACKETT'S LANDING SOUTH SPF 001.000.64.576.80.47.00 336.1 , 6-00475 ANWAY PARK RESTROOMS o ANWAY PARK RESTROOMS 6 001.000.64.576.80.47.00 716.0 0 o 6-01127 WWTP: 1/15-3/16/17 200 2ND AVE S L Q. 1/15-3/16/17 200 2ND AVE S / METE Q" Q 423.000.76.535.80.47.64 166.5E 6-01130 WWTP: 1/15-3/16/17 200 2ND AVE,' WWTP 200 2ND AVE S / METER 9< 423.000.76.535.80.47.64 25.2E 6-01140 WWTP: 1/15-3/16/17 200 2ND AVE E r 1/15-3/16/17 200 2ND AVE S / METE N 423.000.76.535.80.47.64 1,411.5� c 6-01250 CITY PARK BALLFIELD SPRINKLER Y CITY PARK BALLFIELD SPRINKLER 001.000.64.576.80.47.00 166.5� 6-01275 CITY PARK PARKING LOT U CITY PARK PARKING LOT E 001.000.64.576.80.47.00 1,132.5' V 6-01280 CITY PARK SPRAY PARK ; CITY PARK SPRAY PARK y 001.000.64.576.80.47.00 253.9E E 6-02125 PINE STREET PLAYFIELD SPRINKL U PINE STREET PLAYFIELD SPRINKL r Q 001.000.64.576.80.47.00 285.2' 6-02727 BOYS & GIRLS CLUB SPRINKLER BOYS & GIRLS CLUB SPRINKLER 001.000.64.576.80.47.00 253.9E 6-02730 CIVIC CENTER PLAYFIELD SKATE I CIVIC CENTER PLAYFIELD SKATE I Page: 10 Packet Pg. 39 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 11 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224660 3/23/2017 008705 EDMONDS WATER DIVISION (Continued) 001.000.64.576.80.47.00 253.9E in 6-02735 PUBLIC SAFETY COMPLEX 250 5TF U PUBLIC SAFETY COMPLEX 250 5TF t 001.000.66.518.30.47.00 1,937.8E U 6-02736 FIRE STATION #17 FIRE 275 6TH A\j FIRE STATION #17 FIRE 275 6TH Ab U 001.000.66.518.30.47.00 14.41 o 6-02737 FIRE STATION #17 275 6TH AVE N / 6 FIRE STATION #17 275 6TH AVE N / p 001.000.66.518.30.47.00 L 1,174.0z m 6-02738 PUBLIC SAFETY COMPLEX IRRIGA Q PUBLIC SAFETY COMPLEX IRRIGA 001.000.66.518.30.47.00 261.6, m 6-02825 SNO-ISLE LIBRARY 650 MAIN ST / � SNO-ISLE LIBRARY 650 MAIN ST / F 001.000.66.518.30.47.00 1,594.7' 6-02875 FRANCES ANDERSON CENTER FIF c%4 FRANCES ANDERSON CENTER FIF A 0 001.000.66.518.30.47.00 25.2E Y 6-02885 DOWNTOWN RESTROOM DOWNTOWN RESTROOM t 001.000.64.576.80.47.00 237.0: ) 6-02900 FAC SPRINKLER •E FAC SPRINKLER U 001.000.64.576.80.47.00 253.9E ; 6-02925 FRANCES ANDERSON CENTER 70( y FRANCES ANDERSON CENTER 70( E 001.000.66.518.30.47.00 t 1,830.3' u 6-03000 CIVIC CENTER PARKING LOT SPRI r Q CIVIC CENTER PARKING LOT SPRI 001.000.64.576.80.47.00 462.2E 6-03275 HUMMINGBIRD HILL PARK SPRINKI HUMMINGBIRD HILL PARK SPRINKI 001.000.64.576.80.47.00 166.5� 6-03575 MAPLEWOOD PARK SPRINKLER Page: 11 Packet Pg. 40 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 12 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224660 3/23/2017 008705 EDMONDS WATER DIVISION (Continued) MAPLEWOOD PARK SPRINKLER in 001.000.64.576.80.47.00 289.9z u 6-04127 FIRE STATION #16 8429 196TH ST ; t FIRE STATION #16 8429 196TH ST ; 001.000.66.518.30.47.00 U 824.5( •iE 6-04128 FIRE STATION #16 FIRE 8429 196T1 U FIRE STATION #16 FIRE 8429 196TF o 001.000.66.518.30.47.00 14.4: 76 6-04400 SEAVIEW PARK SPRINKLER o SEAVIEW PARK SPRINKLER L a 001.000.64.576.80.47.00 253.9E Q 6-04425 SEAVIEW PARK SEAVIEW PARK 001.000.64.576.80.47.00 480.4E v 6-04450 SIERRA PARK SPRINKLER SIERRA PARK SPRINKLER r 001.000.64.576.80.47.00 M 357.91 N 6-05155 PUBLIC WORKS OMC 7110 210TH : Cl) PUBLIC WORKS OMC 7110 210TH ; Y 001.000.65.518.20.47.00 163.6E PUBLIC WORKS OMC 7110 210TH ; 111.000.68.542.90.47.00 621.9E ) PUBLIC WORKS OMC 7110 210TH ; 421.000.74.534.80.47.00 621.9E U PUBLIC WORKS OMC 7110 210TH ; 423.000.75.535.80.47.10 c 621.9E PUBLIC WORKS OMC 7110 210TH : E 511.000.77.548.68.47.00 621.9E um PUBLIC WORKS OMC 7110 210TH : r Q 422.000.72.531.90.47.00 621.9E 6-05156 PUBLIC WORKS OMC FIRE 7110 21 PUBLIC WORKS OMC FIRE 7110 21 001.000.65.518.20.47.00 1.8( PUBLIC WORKS OMC FIRE 7110 21 Page: 12 Packet Pg. 41 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 13 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 224660 3/23/2017 008705 EDMONDS WATER DIVISION (Continued) 111.000.68.542.90.47.00 6.8E in PUBLIC WORKS OMC FIRE 7110 21 U 422.000.72.531.90.47.00 6.8E t PUBLIC WORKS OMC FIRE 7110 21 U 421.000.74.534.80.47.00 6.8E 'E PUBLIC WORKS OMC FIRE 7110 21 423.000.75.535.80.47.10 6.8E o PUBLIC WORKS OMC FIRE 7110 21 511.000.77.548.68.47.00 6.8 1 o L 6-06040 5 CORNERS ROUNDABOUT IRRIGF Q- 5 CORNERS ROUNDABOUT IRRIGF a Q 001.000.64.576.80.47.00 44.2E 6-07775 MATHAY BALLINGER SPRINKLER as MATHAY BALLINGER SPRINKLER v 001.000.64.576.80.47.00 318.0( 6-08500 YOST PARK SPRINKLER YOST PARK SPRINKLER N 001.000.64.576.80.47.00 1,119.9 1 c 6-08525 YOST POOL y YOST POOL 001.000.64.576.80.47.00 258.5: U Total: 20,841.1, E 224661 3/23/2017 009350 EVERETT DAILY HERALD EDH747137 CITY NOTICE - BRADY 00333546 ca U CITY NOTICE - BRADY 00333546 ; 001.000.25.514.30.41.40 67.0E y EDH747808 INV#EDH747808 ACCT#14126500-E E UNCLAIMED PROPERTYAD 3/14/17 U 001.000.41.521.10.41.40 18.9, r Total : 86.0( Q 224662 3/23/2017 066378 FASTENAL COMPANY WAMOU40046 PM: HWH SDS 410SS PM: HWH SDS 410SS 001.000.64.576.80.31.00 29.0� 9.8% Sales Tax Page: 13 Packet Pg. 42 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224662 3/23/2017 066378 FASTENAL COMPANY 224663 3/23/2017 009880 FEDEX 224664 3/23/2017 009815 FERGUSON ENTERPRISES INC Voucher List City of Edmonds 4.2.a Page: 14 Invoice PO # Description/Account Amoun (Continued) 001.000.64.576.80.31.00 2.8: in WAMOU43496 PM: SUPPLIES U PM: SUPPLIES t 001.000.64.576.80.31.00 12.2 - U 9.8% Sales Tax 001.000.64.576.80.31.00 1.2( U Total: 45.4' o 5-732-76869 E4GB.CONTRACT SHIPPING > 0 E4GB.Contract Shipping Q. 423.200.75.594.35.41.00 29.6E Q Total : 29.6E 0540981 WATER - FLEXNET M2 SOFTWARE M Water - Flexnet M2 Software Support 421.000.74.534.80.48.00 2,524.1 r 9.8% Sales Tax N 421.000.74.534.80.48.00 247.3 0 A 0541145 WATER INVENTORY - # 0476 N Water Inventory - # 0476 Y 421.000.74.534.80.34.20 593.7( #0492 W-VALVCI-02-010 U 421.000.74.534.80.34.20 1,276.1( ,E 9.8% Sales Tax f° 421.000.74.534.80.34.20 183.2E U 0541146 WATER INVENTORY - #0476 W-VAL Water Inventory - #0476 W-VALVBR-i m E 421.000.74.534.80.34.20 395.8, t 9.8% Sales Tax 421.000.74.534.80.34.20 r 38.7� Q 0542123 WATER METER INVENTORY #2024 Water Meter Inventory #2024 421.000.74.534.80.34.30 3,144.0( #2025 M-METER-01-010 421.000.74.534.80.34.30 1,136.4( Page: 14 Packet Pg. 43 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 15 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 224664 3/23/2017 009815 FERGUSON ENTERPRISES INC (Continued) #0577 W-RADIO-01-010 421.000.74.534.80.34.20 4,209.3( 9.8% Sales Tax 421.000.74.534.80.34.30 419.4� 9.8% Sales Tax 421.000.74.534.80.34.20 412.5' Total: 14,581.0E 224665 3/23/2017 011900 FRONTIER 425-775-2455 CIVIC CENTER ALARM LINES 250 5 CIVIC CENTER FIRE AND INTRUSIC 001.000.66.518.30.42.00 63.0( 425-776-3896 FRANCES ANDERSON CENTER AL, FRANCESANDERSON CENTER FIF 001.000.66.518.30.42.00 131.1 E Total: 194.11 224666 3/23/2017 075163 GARCIA-GARCIA, CESAR 18328 SPANISH INTERPRETER COURT LC SPANISH INTERPRETER COURT LC 001.000.23.512.50.41.01 105.2 1 Total: 105.2 , 224667 3/23/2017 068617 GLEISNER, BARBARA 5423 TAI CHI 5423 TAI CHI INSTRUCTION 5423 TAI CHI INSTRUCTION 001.000.64.571.27.41.00 294.0( Total: 294.0( 224668 3/23/2017 012560 HACH COMPANY 10322275 WATER QUALITY TESTING KITS Water Quality Testing Kits 421.000.74.534.80.31.00 626.2E Freight 421.000.74.534.80.31.00 41.6 1 9.8% Sales Tax 421.000.74.534.80.31.00 65.4 1 10356013 WWTP: PROBE LDO MODEL 2 PROBE LDO MODEL 2 Page: 15 Packet Pg. 44 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 16 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 224668 3/23/2017 012560 HACH COMPANY (Continued) 423.000.76.535.80.48.00 1,533.6( Freight 423.000.76.535.80.48.00 66.3� 9.8% Sales Tax 423.000.76.535.80.48.00 156.8( Total: 2,490.2' 224669 3/23/2017 070437 HARDIE, MARY ANN 2017-0321 2017 TERM 3 - TUITION REIMBURS 2017 TERM 3 - TUITION REIMBURS 001.000.22.518.10.49.00 741.0( Total: 741.0( 224670 3/23/2017 012900 HARRIS FORD INC 169074 UNIT 947 - LINKS Unit 947 - Links 511.000.77.548.68.31.10 22.3( 9.8% Sales Tax 511.000.77.548.68.31.10 2.1 169105 UNIT 448 - HOSE Unit 448 - Hose 511.000.77.548.68.31.10 25.7E 9.8% Sales Tax 511.000.77.548.68.31.10 2.5' 169141 UNIT 452 - TUBE ASSEMBLY Unit 452 - Tube Assembly 511.000.77.548.68.31.10 45.3( 9.8% Sales Tax 511.000.77.548.68.31.10 4.4: Total: 102.6 , 224671 3/23/2017 010900 HD FOWLER CO INC 14436111 WATER INVENTORY #0432 Water Inventory #0432 421.000.74.534.80.34.20 2,679.4( Water Parts 421.000.74.534.80.31.00 6,365.Z 9.8% Sales Tax Page: 16 Packet Pg. 45 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 17 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 224671 3/23/2017 010900 HD FOWLER CO INC (Continued) 421.000.74.534.80.34.20 262.5� in 9.8% Sales Tax U 421.000.74.534.80.31.00 623.7£ t Total: 9,931.0E U 224672 3/23/2017 006030 HDR ENGINEERING INC 1200041556 WWTP: 2/24-3/4/17 TASKS 1& 2 CM U 2/24-3/4/17 TASKS 1 & 2 CMMS o 423.000.76.535.80.41.00 4,747.6£ Total: 4,747.61 c L 224673 3/23/2017 074746 HIGUCHI, ROD 5297 UKULELE 5297 UKULELE INSTRUCTION Q 5297 UKULELE INSTRUCTION Q 001.000.64.571.22.41.00 217.2E Cl) Total: 217.2E 224674 3/23/2017 067862 HOME DEPOT CREDIT SERVICES 1061675 PM: GLOVES, TRIM KIT, CAULKING r PM: GLOVES, TRIM KIT, CAULKING 001.000.64.576.80.31.00 50.7, M 2072448 PM: WOOD HANDLE PM: WOOD HANDLE 001.000.64.576.80.31.00 15.7z aci 5024457 PM: WOOD, CAULK BACKER ROD, t U PM: WOOD, CAULK BACKER ROD, E 001.000.64.576.80.31.00 215.4: .2 5593797 PM: FOAM SEL, STORANGE HANG[ U PM: FOAM SEL, STORANGE HANG[ 001.000.64.576.81.31.00 9.6: 6022854 PM: HEX KEY SET, SOCKET SET, B PM: HEX KEY SET, SOCKET SET, B c�v 001.000.64.576.80.31.00 153.6< Q 6082078 PM: RING, DEPTHFINDER, KEYRIN, PM: RING, DEPTHFINDER, KEYRINi 001.000.64.576.80.31.00 42.1 6574979 PM: DRAIN CLEANING BLADDERS PM: DRAIN CLEANING BLADDERS Page: 17 Packet Pg. 46 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 18 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224674 3/23/2017 067862 HOME DEPOT CREDIT SERVICES (Continued) 001.000.64.576.80.31.00 51.9� in 7084661 PM: SCRUB BRUSH, RESPIRATOR, m PM: SCRUB BRUSH, RESPIRATOR, t 001.000.64.576.80.31.00 173.4, U 7584545 PM: TRASH CANS, HOSEBIBBS, TR PM: TRASH CANS, HOSEBIBBS, TR 001.000.64.576.80.31.00 315.7E o 8014435 PM: 8011435 6 PM: TRASH CANS, HOSEBIBBS, TR 0 0 001.000.64.576.80.31.00 L 45.8< Q. 9081726 PM: SCREWDRIVERS, TOWELS, TP Q" Q PM: SCREWDRIVERS, TOWELS, TP 001.000.64.576.80.31.00 99.2. m Total: 1,173.5! v 224675 3/23/2017 067862 HOME DEPOT CREDIT SERVICES 1031601 FAC MAINT SHOP SUPPLIES ~ r 9.5% Sales Tax N 001.000.66.518.30.31.00 2.5, c Fac Maint Shop Supplies y 001.000.66.518.30.31.00 26.4E 1094153 SEWER - SUPPLIES Sewer - Supplies U 423.000.75.535.80.31.00 68.8' . 9.5% Sales Tax f° U 423.000.75.535.80.31.00 6.5z ; 1590500 OVD TRAFFIC CALMING PROJECT m OVD Traffic Calming Project Supplies E 112.000.68.595.33.41.00 64.0( U 9.5% Sales Tax r 112.000.68.595.33.41.00 6.0E Q 2011382 FAC MAINT UNIT 5 - SUPPLIES Fac Maint Unit 5 - Supplies 001.000.66.518.30.31.00 119.6. 9.5% Sales Tax 001.000.66.518.30.31.00 11.3( Page: 18 Packet Pg. 47 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224675 3/23/2017 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds 4.2.a Page: 19 Invoice PO # Description/Account Amoun (Continued) 2040782 STORM - SUPPLIES in Storm - Supplies U 422.000.72.531.90.31.00 49.8 , t 9.5% Sales Tax U 422.000.72.531.90.31.00 4.7z •iE 23782 FAC - SUPPLIES U FAC - Supplies o 001.000.66.518.30.31.00 10.5( 6 9.5% Sales Tax o L 001.000.66.518.30.31.00 1.0( a 23798 FAC - SUPPLIES Q FAC - Supplies 001.000.66.518.30.31.00 59.2E M 9.5% Sales Tax 001.000.66.518.30.31.00 5.6: 2570035 15TH ST WALKWAY PROJECT SUP 15th St Walkway Project Supplies N 112.000.68.542.61.41.00 28.4E c 9.5% Sales Tax y 112.000.68.542.61.41.00 2.7' 3010776 ROADWAY - SUPPLIES Roadway - Supplies U 111.000.68.542.31.31.00 96.9z •Fa 9.5% Sales Tax U 111.000.68.542.31.31.00 9.2' 3020225 OVD TRAFFIC CALLMING PROJEC- m OVD Traffic Callming Project Supplies 112.000.68.595.33.41.00 72.3E 0M 9.5% Sales Tax r Q 112.000.68.595.33.41.00 6.8E 4021532 CITY HALL - FURNITURE MOVERS City Hall - Furniture Movers 001.000.66.518.30.31.00 26.9z 9.5% Sales Tax Page: 19 Packet Pg. 48 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 20 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224675 3/23/2017 067862 HOME DEPOT CREDIT SERVICES (Continued) 001.000.66.518.30.31.00 2.5( in 4021557 STREET - DUST MASKS U Street - Dust Masks t 111.000.68.542.90.24.00 21.4 - U 9.5% Sales Tax 111.000.68.542.90.24.00 2.0z U 5021301 WATER - SUPPLIES o Water - Supplies 6 421.000.74.534.80.31.00 44.5( o 9.5% Sales Tax L Q. 421.000.74.534.80.31.00 a 4.Z Q 5021413 FS 16 - FAUCET FS 16 - Faucet 001.000.66.518.30.31.00 129.0( v 9.5% Sales Tax rl- 001.000.66.518.30.31.00 12.2( 5023033 CITY HALL - SUPPLIES N City Hall - Supplies Cl) 001.000.66.518.30.31.00 27.9E Y 9.5% Sales Tax a� 001.000.66.518.30.31.00 2.6( U 5024452 CITY HALL - SUPPLIES City Hall - Supplies M 001.000.66.518.30.31.00 21.6( U 9.5% Sales Tax 001.000.66.518.30.31.00 c 2.0E a) 5024472 CITY HALL - SUPPLIES E t City Hall - Supplies U 001.000.66.518.30.31.00 n: 126.7( Q 9.5% Sales Tax 001.000.66.518.30.31.00 12.0z 562741 SEWER - SUPPLIES Sewer - Supplies 423.000.75.535.80.31.00 11.91 Page: 20 Packet Pg. 49 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224675 3/23/2017 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds 4.2.a Page: 21 Invoice PO # Description/Account Amoun (Continued) 9.5% Sales Tax in 423.000.75.535.80.31.00 1.1 z U 570337 SEWER LS 14 - SUPPLIES t Sewer LS 14 - Supplies U 423.000.75.535.80.31.00 22.9E •� 9.5% Sales Tax U 423.000.75.535.80.31.00 2.1 £ o 6021180 PS - SUPPLIES ia PS - Supplies L 001.000.66.518.30.31.00 10.91, 0- 9.5% Sales Tax Q 001.000.66.518.30.31.00 1.0z 6025627 FAC MAINT SHOP SUPPLIES Fac Maint Shop Supplies a� v 001.000.66.518.30.31.00 26.9z r� 9.5% Sales Tax 001.000.66.518.30.31.00 2.5( N 6082107 SEWER LS 4 - SUPPLIES Cl) Sewer LS 4 - Supplies N 423.000.75.535.80.31.00 59.9 1 9.5% Sales Tax U 423.000.75.535.80.31.00 5.7( E 6095338 SEWER LS 4 - SUPPLIES .E Sewer LS 4 - Supplies ) 423.000.75.535.80.31.00 38.9 9.5% Sales Tax a) 423.000.75.535.80.31.00 3.7( t 7572012 SEWER LS 4 - SUPPLIES U n: Sewer LS 4 - Supplies r Q 423.000.75.535.80.31.00 66.6, 9.5% Sales Tax 423.000.75.535.80.31.00 6.3: 8011619 FAC MAINT - UNIT 5 SUPPLIES Fac Maint - Unit 5 Supplies Page: 21 Packet Pg. 50 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account 224675 3/23/2017 067862 HOME DEPOT CREDIT SERVICES (Continued) 001.000.66.518.30.31.00 9.5% Sales Tax 001.000.66.518.30.31.00 8022433 MCH - SUPPLIES MCH - Supplies 001.000.66.518.30.31.00 9.5% Sales Tax 001.000.66.518.30.31.00 8024085 FAC - SUPPLIES 9.5% Sales Tax 001.000.66.518.30.31.00 FAC - Supplies 001.000.66.518.30.31.00 8031920 FAC MAINT UNIT 42 - SUPPLIES Fac Maint Unit 42 - Supplies 001.000.66.518.30.31.00 9.5% Sales Tax 001.000.66.518.30.31.00 9022221 FAC MAINT UNIT 5 - SUPPLIES Fac Maint Unit 5 - Supplies 001.000.66.518.30.31.00 9.5% Sales Tax 001.000.66.518.30.31.00 9023979 FAC MAINT UNIT 43 - SUPPLIES Fac Maint Unit 43 - Supplies 001.000.66.518.30.31.00 9.5% Sales Tax 001.000.66.518.30.31.00 Total 224676 3/23/2017 073548 INDOFF INCORPORATED 2931933 COPY PAPER COPY PAPER 001.000.23.523.30.31.00 MONITOR RISERS 001.000.23.512.50.49.00 4.2.a Page: 22 Amoun 73.8� in U 7.0, U E 6.5z 0 0.6, 6 0 L Q. a 0.51 Q le 5.8( c) 212.3, N 20.1 1 Cl) 1,744.0: Q 87.8. 102.7E Page: 22 Packet Pg. 51 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 23 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224676 3/23/2017 073548 073548 INDOFF INCORPORATED (Continued) Total: 190.5, 224677 3/23/2017 071634 INTEGRATELECOM 768328 C/A768328 PR1-1 & 2 City Phone Service 512.000.31.518.88.42.00 910.0� Tourism Toll free lines 877.775.6929; 001.000.61.558.70.42.00 8.5, Econ Devlpmnt Toll free lines 001.000.61.558.70.42.00 8.5, Total: 927.1; 224678 3/23/2017 014940 INTERSTATE BATTERY SYSTEMS 300-10021460 PM: GLOVES PM: GLOVES 00 1.000.64.576.80.3 1.00 238.5( 9.8% Sales Tax 001.000.64.576.80.31.00 23.3 1 Total: 261.8 , 224679 3/23/2017 067568 KPG INC 2-10117 ESDA.SERVICES THRU 2/25/17 ESDA.Services thru 2/25/17 112.000.68.595.33.41.00 1,442.9' Total : 1,442.9' 224680 3/23/2017 069343 KRAZAN & ASSOCIATES INC I608345-1245 E6MB.TO 17-01.SERVICES THRU FI E6MB.TO 17-01.Services thru Februe 125.000.64.576.80.41.00 470.3E 1608493-1283 E6MA.TO 17-02.SERVICES THRU FI E6MA.TO 17-02.Services thru Februe 132.000.64.594.76.41.00 385.3E Total : 855.7( 224681 3/23/2017 075260 LAU, PING 17330 MANDARIN INTERPRETER COURT MANDARIN INTERPRETER COURT 001.000.23.512.50.41.01 109.2E Total : 109.2E 224682 3/23/2017 074417 LAW OFFICE OF CHRISTIAN SMITH 138 CONFLICT PUBLIC DEFENDER 7Z0 Page: 23 Packet Pg. 52 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 24 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224682 3/23/2017 074417 LAW OFFICE OF CHRISTIAN SMITH (Continued) Conflict Public Defender 7Z0292013 001.000.39.512.52.41.00 300.0( Total: 300.0( 224683 3/23/2017 068711 LAWN EQUIPMENT SUPPLY 2016-128 STREET CONCRETE GRINDER AIR Street Concrete Grinder Air Filters 111.000.68.542.61.31.00 59.5E Freight 111.000.68.542.61.31.00 20.8� 9.8% Sales Tax 111.000.68.542.61.31.00 7.8E 3017-124 CEMETERY: BRUSH, BUCKET, GLC CEMETERY: BRUSH, BUCKET, GLC 130.000.64.536.50.31.00 68.8 1 9.8% Sales Tax 130.000.64.536.50.31.00 6.7E 3017-131 CEMETERY: BUCKETS CEMETERY:BUCKETS 130.000.64.536.50.31.00 35.8E 9.8% Sales Tax 130.000.64.536.50.31.00 3.5, Total : 203.31 224684 3/23/2017 075159 LIFE INSURANCE CO OF NO AMER April 2017 APRIL 2017 CIGNA PREMIUMS April 2017 Cigna Insurance premium: 811.000.231.550 11,718.8z Total : 11,718.81 224685 3/23/2017 075921 MALONE, JAKE 3/2-3/16 GYM ATTEND 3/2-3/16/17 VOLLEYBALL GYM ATTE 3/2-3/16/17 VOLLEYBALL GYM ATTE 001.000.64.571.25.41.00 99.0( Total : 99.0( 224686 3/23/2017 061900 MARC 0602729-IN WWTP: SUPER-ZYME SUPER-ZYME Page: 24 Packet Pg. 53 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 25 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224686 3/23/2017 061900 MARC (Continued) 423.000.76.535.80.31.00 1,695.0( 9.8% Sales Tax 423.000.76.535.80.31.00 166.1 , Total: 1,861.1, 224687 3/23/2017 074099 MARTIN, GARY 3/13 YOGA SUB 3/13 YOGA SUB 3/13 YOGA SUB 001.000.64.571.27.41.00 75.0( Total: 75.0( 224688 3/23/2017 020039 MCMASTER-CARR SUPPLY CO 186285889 WWTP: AX-SECTION COGGED V-B AX-SECTION COGGED V-BELT 423.000.76.535.80.31.00 73.0( Freight 423.000.76.535.80.31.00 63.5( 18887901 WWTP: BUNA-NO-RING CORDS & I. BUNA-NO-RING CORDS & ADHESI\ 423.000.76.535.80.31.00 34.1 < Freight 423.000.76.535.80.31.00 35.4. Total: 206.0E 224689 3/23/2017 075913 MCMILLEN JACOBS ASSOCIATES 56090001 E4MB.SERVICES THRU 2/24/17 E4MB..Services thru 2/24/17 0 16.000.66.518.30.4 1.00 235.0( Total: 235.0( 224690 3/23/2017 020900 MILLERS EQUIP & RENTALL INC 253739 PM: OIL, SPOOL PM: OIL, SPOOL 001.000.64.576.80.31.00 204.4( 9.8% Sales Tax 001.000.64.576.80.31.00 20.0< Total: 224.4; 224691 3/23/2017 018950 NAPAAUTO PARTS 749929 UNIT 448 - BRAKE FLUID Page: 25 Packet Pg. 54 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 26 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224691 3/23/2017 018950 NAPAAUTO PARTS (Continued) Unit 448 - Brake Fluid 511.000.77.548.68.31.10 24.2( 9.8% Sales Tax 511.000.77.548.68.31.10 2.31 Total : 224692 3/23/2017 075539 NATURE INSIGHT CONSULTING 5 WILLOW CREEK DAYLIGHTING PR1 TASKS 1, 3, 4: WILLOW CREEK DA) 125.000.64.575.50.41.00 TASK 5: WILLOW CREEK DAYLIGH- 422.200.72.594.31.41.00 Total 224693 3/23/2017 067694 NC POWER SYSTEMS CO. PSCS0584590 UNIT 101 - LATCH DOOR DROP Unit 101 - Latch Door Drop 511.000.77.548.68.31.10 Freight 511.000.77.548.68.31.10 9.8% Sales Tax 511.000.77.548.68.31.10 Total 224694 3/23/2017 075838 NELSON ELECTRIC INC 32138 FAC - MAIN SWITCH BOARD INSPE FAC - Main Switch Board Inspection E 016.000.66.594.19.65.00 9.8% Sales Tax 016.000.66.594.19.65.00 Total 224695 3/23/2017 025690 NOYES, KARIN 000 00 722 PLANNING BOARD MINUTES 3-8-2( Planning Board Minutes 3-8-2017- 001.000.62.558.60.41.00 Total 224696 3/23/2017 063511 OFFICE MAX INC 124333 INV#124333 ACCT#520437 250POL- Page: 26 Packet Pg. 55 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 27 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224696 3/23/2017 063511 OFFICE MAX INC (Continued) JUMBO SMOOTH PAPER CLIPS 001.000.41.521.10.31.00 5.5' SMOOTH PAPER CLIPS 001.000.41.521.10.31.00 6.5( PATROL MEMO BOOKS 001.000.41.521.10.31.00 15.4£ BLUE GEL PENS 001.000.41.521.10.31.00 11.8' WITE OUT CORRECTING TAPE 001.000.41.521.10.31.00 16.4( 9.8% Sales Tax 001.000.41.521.10.31.00 5.4( 132460 P&R: PRESCHOOL POUCHES, CLIF P&R: PRESCHOOL POUCHES, CLIF 001.000.64.571.29.31.00 37.1( 9.8% Sales Tax 001.000.64.571.29.31.00 3.6z Total: 101.9E 224697 3/23/2017 075735 PACIFIC SECURITY 18920 COURT SECURITY 3/10/2017 COURT SECURITY 3/10/2017 001.000.23.512.50.41.00 180.0( Total: 180.0( 224698 3/23/2017 027060 PACIFIC TOPSOILS 18-Tl004778 PM YARD WASTE DUMP CUST # 51 PM YARD WASTE DUMP 001.000.64.576.80.47.00 84.0( Total: 84.0( 224699 3/23/2017 074422 PARTSMASTER, DIV OF NCH CORP 23118964 FLEET SHOP SUPPLIES Fleet Shop Supplies 511.000.77.548.68.31.20 67.0' Freight 511.000.77.548.68.31.20 10.01, 9.8% Sales Tax Page: 27 Packet Pg. 56 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 224699 3/23/2017 074422 PARTSMASTER, DIV OF NCH CORP (Continued) 224700 3/23/2017 075974 PATTISON, MICHAEL 224701 3/23/2017 028860 PLATT ELECTRIC SUPPLY INC PO # Description/Account 511.000.77.548.68.31.20 Total : pin20160042 REFUND FOR WITHDRAWAL OF AF Refund for withdrawal of application 001.000.257.620 Total L428053 WWTP: PLUGS MEL 63-14043 & 18( PLUGS MEL 63-14043 & 18043 423.000.76.535.80.48.00 RESTOCKING FEE - (should not hav 423.000.76.535.80.48.00 Freight 423.000.76.535.80.48.00 9.8% Sales Tax 423.000.76.535.80.48.00 L442643 FLEET PROPANE DISP. SUPPLIES Fleet Propane Disp. Supplies 511.000.77.548.68.31.10 9.8% Sales Tax 511.000.77.548.68.31.10 L494718 FAC - SUPPLIES FAC - Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 L553976 FS 16 - SUPPLIES FS 16 - Supplies 001.000.66.518.30.31.00 9.8% Sales Tax 001.000.66.518.30.31.00 L563486 CITY HALL - SUPPLIES City Hall - Supplies 001.000.66.518.30.31.00 4.2.a Page: 28 Page: 28 Packet Pg. 57 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224701 3/23/2017 028860 PLATT ELECTRIC SUPPLY INC 224702 224703 Voucher List City of Edmonds Invoice (Continued) L60778 L642353 SC14137 3/23/2017 071811 PONY MAIL BOX & BUSINESS CTR 1110672 3/23/2017 064088 PROTECTION ONE 1110738 2422756 730531 4.2.a Page: 29 PO # Description/Account Amoun 9.8% Sales Tax in 001.000.66.518.30.31.00 6.9 1 WWTP: CREDIT FOR RESTOCKING CREDIT FOR RESTOCKING FEE Cl- 423.000.76.535.80.48.00 -2.0( •� LIFT ST - FUSE U Lift St - Fuse o 511.000.77.548.68.31.10 30.6E 9.8% Sales Tax o L 511.000.77.548.68.31.10 3.0' a SVC FEES Q Svc Fees 001.000.66.518.30.31.00 10.7E Total : 868.4; v WWTP: 3/7/17 SHIPPING/POSTAGE r 3/7/17 Shipping to: Detection N 423.000.76.535.80.42.00 15.4< c WWTP: 3/16/17 SHIPPING/POSTAG y 3/16/17 Shipping to: Dept of L&I 423.000.76.535.80.42.00 50.5( t Total : 65.9: U E ALARM MONITORING SNO-ISLE LIE f° ALARM MONITORING SNO-ISLE LIE U 001.000.66.518.30.42.00 246.8' ALARM MONITORING PUBLIC WOF E ALARM MONITORING PUBLIC WOF U 421.000.74.534.80.42.00 34.8E 20 ALARM MONITORING PUBLIC WOF r Q 423.000.75.535.80.42.00 34.8E ALARM MONITORING PUBLIC WOF 422.000.72.531.90.42.00 31.3� ALARM MONITORING PUBLIC WOF 111.000.68.542.90.42.00 40.1' Page: 29 Packet Pg. 58 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 30 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224703 3/23/2017 064088 PROTECTION ONE (Continued) ALARM MONITORING PUBLIC WOF 511.000.77.548.68.42.00 17.4z ALARM MONITORING PUBLIC WOF 001.000.65.518.20.42.00 15.7( Tota I : 421.2' 224704 3/23/2017 030780 QUIRING MONUMENTS INC 00000172005 MARKER/INSCRIPTION-GERETY MARKER/INSCRIPTION-GERETY 130.000.64.536.20.34.00 160.0( 00000172006 MARKER/INSCRIPTION-CARPENTE MARKER/INSCRIPTION-CARPENTE 130.000.64.536.20.34.00 125.0( Total: 285.0( 224705 3/23/2017 062657 REGIONAL DISPOSAL COMPANY 0000050439 STORM - DUMP FEES Storm - Dump Fees 422.000.72.531.10.49.00 1,680.7: Total: 1,680.7! 224706 3/23/2017 075288 RODARTE CONSTRUCTION INC E3FH.Ret Release E3FH.RETAINAGE RELEASE E3FH.Retainage Release 422.200.223.400 24,060.3( Total: 24,060.3( 224707 3/23/2017 069593 SAFELITE FULFILLMENT INC 00442-646979 UNIT 34 - PART Unit 34 - Part 511.000.77.548.68.48.00 267.0� 9.8% Sales Tax 511.000.77.548.68.48.00 26.11 Total: 293.2E 224708 3/23/2017 066964 SEATTLE AUTOMOTIVE DIST INC S3-1697412 FLEET BATTERY Fleet Battery 511.000.77.548.68.31.10 104.5( 9.8% Sales Tax Page: 30 Packet Pg. 59 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 31 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224708 3/23/2017 066964 SEATTLE AUTOMOTIVE DIST INC (Continued) 511.000.77.548.68.31.10 10.2E in S3-1740246 UNIT 125 - SERPENTINE BELT U Unit 125 - Serpentine Belt t 511.000.77.548.68.31.10 17.4z U 9.8% Sales Tax M 511.000.77.548.68.31.10 1.7' Z S3-1771723 UNIT 537 - TRANS FLUID p Unit 537 - Trans Fluid 6 511.000.77.548.68.31.10 64.5 1 o 9.8% Sales Tax L Q. 511.000.77.548.68.31.10 a 6.3< Q S3-1772968 UNIT M16 - SPARK PLUGS Unit M16 - Spark Plugs 511.000.77.548.68.31.10 54.8( v 9.8% Sales Tax 511.000.77.548.68.31.10 5.3 S3-1784304 UNIT 36 - BRAKE PADS N Unit 36 - Brake Pads 0 511.000.77.548.68.31.10 67.4( Y 9.8% Sales Tax a� 511.000.77.548.68.31.10 6.6' U S3-1805864 UNIT 40 - INTAKE MANIFOLD GASK E Unit 40 - Intake Manifold Gasket Set 511.000.77.548.68.31.10 51.4: U 9.8% Sales Tax 511.000.77.548.68.31.10 c 5.0z a) S3-1809135 UNIT 453 - CYLINDRICAL BEARING E t Unit 453 - Cylindrical Bearing, Seals U n: 511.000.77.548.68.31.10 42.2z Q 9.8% Sales Tax 511.000.77.548.68.31.10 4.1 < S3-1809148 UNIT 453 - SEALS Unit 453 - Seals 511.000.77.548.68.31.10 17.8E Page: 31 Packet Pg. 60 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 32 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 224708 3/23/2017 066964 SEATTLE AUTOMOTIVE DIST INC (Continued) 9.8% Sales Tax 511.000.77.548.68.31.10 1.7: S3-1809679 UNIT 40 - DIST CAP & ROTOR Unit 40 - Dist Cap & Rotor 511.000.77.548.68.31.10 46.7� 9.8% Sales Tax 511.000.77.548.68.31.10 4.5E S3-1809837 UNIT 40 - SENSOR Unit 40 - Sensor 511.000.77.548.68.31.10 29.4E 9.8% Sales Tax 511.000.77.548.68.31.10 2.8� Total: 545.3' 224709 3/23/2017 063306 SHERWIN-WILLIAMS 0031-7 PM: PAINT CITY PARK RESTROOM; PM: PAINT CITY PARK RESTROOM; 001.000.64.576.80.31.00 15.5( 9.8% Sales Tax 001.000.64.576.80.31.00 1.5, 8045-0 PM: PAINT UPPER CITY PARK PM: PAINT UPPER CITY PARK 001.000.64.576.80.31.00 34.1( 9.8% Sales Tax 001.000.64.576.80.31.00 3.3z 9915-2 PM: PAINT PM: PAINT 001.000.64.576.80.31.00 26.6z 9.8% Sales Tax 001.000.64.576.80.31.00 2.6' Total: 83.7 , 224710 3/23/2017 068489 SIRENNET.COM 0211801-IN UNIT E107PO - PARTS Unit E107PO - Parts 511.100.77.594.48.64.00 47.8 , 9.8% Sales Tax Page: 32 Packet Pg. 61 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 33 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 224710 3/23/2017 068489 SIRENNET.COM (Continued) 511.100.77.594.48.64.00 4.6� in 0211928-IN UNIT 10 - AMBER DOME U Unit 10 - Amber Dome t 511.000.77.548.68.31.10 67.2( U 9.8% Sales Tax M 511.000.77.548.68.31.10 6.5� Z 0212137-IN UNIT 10 - AMBER DOME o Unit 10 - Amber Dome 6 511.000.77.548.68.31.10 67.2( o 9.8% Sales Tax L Q. 511.000.77.548.68.31.10 a 6.5� Q Total: 200.1le M 224711 3/23/2017 037303 SNO CO FIRE DIST# 1 5464 FIRSTAID/CPR 5464 FIRSTAID/CPR INSTRUCTION 5464 FIRSTAID/CPR INSTRUCTION r- 001.000.64.571.22.41.00 140.0( r Total: 140.0( N M 224712 3/23/2017 037375 SNO CO PUD NO 1 2002-0254-7 PEDEST CAUTION LIGHT 21930 95- PEDEST CAUTION LIGHT 21930 95- N Y 111.000.68.542.64.47.00 16.8E 2002-6027-1 YOST POOL U YOST POOL E 001.000.64.576.80.47.00 861.0( c° 2003-9895-6 FIRE STATION #16 8429 196TH ST : V FIRE STATION #16 8429 196TH ST : c 001.000.66.518.30.47.00 m 762.E 1 E 2004-9683-4 LIFT STATION #10 17526 TALBOT R U LIFT STATION #10 17526 TALBOT R r 423.000.75.535.80.47.10 r 94.9z Q 2006-1131-7 LIFT STATION #9 19300 80TH AVE V LIFT STATION #9 19300 80TH AVE V 423.000.75.535.80.47.10 153.2E 2006-5085-1 CITY PARK RESTROOMS CITY PARK RESTROOMS Page: 33 Packet Pg. 62 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 34 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224712 3/23/2017 037375 SNO CO PUD NO 1 (Continued) 001.000.64.576.80.47.00 18.1 < in 2006-5164-4 PARK MAINTENANCE SHOP U PARK MAINTENANCE SHOP t 001.000.64.576.80.47.00 1,047.4: U 2007-2302-1 TRAFFIC LIGHT 961 PUGET DR / MI TRAFFIC LIGHT 961 PUGET DR / MI U 111.000.68.542.64.47.00 25.8E o 2007-3984-5 SEAVIEW RESERVOIR 18520 90TH SEAVIEW RESERVOIR 18520 90TH 0 0 421.000.74.534.80.47.00 L 17.7 1 Q. 2008-6924-6 CIVIC CENTER PLAYFIELD BLEACF Q" Q CIVIC CENTER PLAYFIELD BLEACF 001.000.64.576.80.47.00 40.7( m 2011-8453-8 HICKMAN PARK HICKMAN PARK 001.000.64.576.80.47.00 102.2' r 2013-8327-0 CITY PARK GAZEBO N CITY PARK GAZEBO A 0 001.000.64.576.80.47.00 15.7< Y 2014-3123-6 PEDEST CAUTION LIGHT 9110 OLY PEDEST CAUTION LIGHT 9110 OLY t 111.000.68.542.64.47.00 17.9E ) 2014-3124-4 PEDEST CAUTION LIGHT 9301 PUC E PEDEST CAUTION LIGHT 9301 PUC U 111.000.68.542.64.47.00 16.2� ; 2014-4175-5 TRAFFIC LIGHT 21531 HWY 99 / ME y TRAFFIC LIGHT 21531 HWY 99 / ME E 111.000.68.542.63.47.00 t 219.2E u 2019-4248-9 PUBLIC WORKS OMC 7110 210TH ; r Q PUBLIC WORKS OMC 7110 210TH ; 001.000.65.518.20.47.00 95.1: PUBLIC WORKS OMC 7110 210TH ; 111.000.68.542.90.47.00 361.4� PUBLIC WORKS OMC 7110 210TH ; 421.000.74.534.80.47.00 361.4� Page: 34 Packet Pg. 63 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 35 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224712 3/23/2017 037375 SNO CO PUD NO 1 (Continued) PUBLIC WORKS OMC 7110 210TH : in 423.000.75.535.80.47.10 361.4( u PUBLIC WORKS OMC 7110 210TH ; t 511.000.77.548.68.47.00 U 361.4� E PUBLIC WORKS OMC 7110 210TH ; 422.000.72.531.90.47.00 361.5( 2021-1448-4 CITY PARK S RESTROOMS & SHEL o CITY PARK S RESTROOMS & SHEL 6 001.000.64.576.80.47.00 156.2z o L 2022-5062-7 9TH/CASPER LANDSCAPED BED a 9TH/CASPER LANDSCAPED BED Q 001.000.64.576.80.47.00 16.2( 2022-9166-2 CIVIC CENTER & FIRE STATION #1 i as CIVIC CENTER & FIRE STATION #1 , v 001.000.66.518.30.47.00 5,493.6( 2025-4064-7 SIERRA PARK IRRIGATION 8100 191 SIERRA PARK IRRIGATION 8100 191 N 001.000.64.576.80.47.00 16.2� Cl) 2036-5215-1 FIVE CORNERS RESERVOIR 85191 y FIVE CORNERS RESERVOIR 85191 a� 421.000.74.534.80.47.00 376.2( U 2044-2584-7 LIFT STATION #2 702 MELODY LN / E LIFT STATION #2 702 MELODY LN / 423.000.75.535.80.47.10 106.4 0 V 2202-1638-6 PEDEST CAUTION LIGHTS 8410 MF PEDEST CAUTION LIGHTS 8410 MF 111.000.68.542.64.47.00 84.6, E 2205-4757-4 TRAFFIC LIGHT SR104 @ 236TH S1 U TRAFFIC LIGHT SR104 @ 236TH S1 r Q 111.000.68.542.63.47.00 60.1 < Tota I : 11,622.E , 224713 3/23/2017 063941 SNO CO SHERIFFS OFFICE 2017-3624 INV#2017-3624 SNO CO JAIL - FEB 446.25 HOUSING DAYS @ $96.13 001.000.39.523.60.51.00 42,898.0( Page: 35 Packet Pg. 64 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 36 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 224713 3/23/2017 063941 SNO CO SHERIFFS OFFICE (Continued) 61.33 BOOKINGS @ $118.23 Y 001.000.39.523.60.51.00 7,251.0E u 138.58 MED/SPEC @ $55.25 001.000.39.523.60.51.00 7,656.5E E 55.5 MENTAL HEALTH @ $133.39 001.000.39.523.60.51.00 7,403.1E u 12 VIDEO COURT @ $115.5 0 001.000.39.523.60.51.00 1,386.0( Total: 66,594.7E o Q. 224714 3/23/2017 063941 SNO CO SHERIFFS OFFICE 1000432151 INV#1000432151 CUST#SSH00095-E Q' Q SCSO RANGE USAGE 9.5 HR 2/6/1 i 001.000.41.521.40.41.00 551.0( M SCSO RANGE USAGE 10 HR 2/7/17 001.000.41.521.40.41.00 580.0( Total: 1,131.0( N 224715 3/23/2017 038300 SOUND DISPOSAL CO 104757 WWTP: ROLLOFF ASH DISPOSAL r� Ash Disposal y 423.000.76.535.80.47.65 3,543.3, Total: 3,543.3, U 224716 3/23/2017 038410 SOUND SAFETY PRODUCTS 113052/1 STREET - WORK WARE - M BROWI E Street - Work Ware - M Brown 2 111.000.68.542.90.24.00 147.5( U 9.2% Sales Tax c 111.000.68.542.90.24.00 13.5 1 E 113113/1 STORM - WORK CLOTHES - M JOH U Storm - Work Clothes - M Johnson 422.000.72.531.90.24.00 r 351.6E Q 9.2% Sales Tax 422.000.72.531.90.24.00 32.3E 113646/1 STREET - WORK WARE T BACH Street - Work Ware T Bach 111.000.68.542.90.24.00 322.6( Page: 36 Packet Pg. 65 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 37 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224716 3/23/2017 038410 SOUND SAFETY PRODUCTS (Continued) 9.2% Sales Tax in 111.000.68.542.90.24.00 29.6E u 31576/4 STREET - WORK CLOTHES - D BR( t Street - Work Clothes - D Browning U 111.000.68.542.90.24.00 330.5( •iE 9.8% Sales Tax U 111.000.68.542.90.24.00 32.3� o 31598/4 STORM - WORK CLOTHES J WHAT 6 Storm - Work Clothes J Whatmore o L 422.000.72.531.90.24.00 343.3( 0- 9.8% Sales Tax Q 422.000.72.531.90.24.00 33.61 31650/4 STREET - WORK CLOTHES P JOHI` as Street - Work Clothes P Johnson v 111.000.68.542.90.24.00 354.4( r-- 9.8% Sales Tax 111.000.68.542.90.24.00 34.7: N 31750/4 STORM - WORK WARE K HARRIS Cl) Storm - Work Ware K Harris N 422.000.72.531.90.24.00 300.9: 9.8% Sales Tax U 422.000.72.531.90.24.00 29.4E E 31762/4 STORM WORK WARE - T MOLES .E Storm Work Ware - T Moles cU 422.000.72.531.90.24.00 170.0E 9.8% Sales Tax m 422.000.72.531.90.24.00 16.6( t 31871/4 WATER - WORK WARE R SHORE U Water - Work Ware R Shore Q 421.000.74.534.80.24.00 216.2E 9.8% Sales Tax 421.000.74.534.80.24.00 21.1 � 31951/4 STREET - WORK WARE C HIATT Street - Work Ware C Hiatt Page: 37 Packet Pg. 66 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 38 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224716 3/23/2017 038410 SOUND SAFETY PRODUCTS (Continued) 111.000.68.542.90.24.00 281.8E in 9.8% Sales Tax U 111.000.68.542.90.24.00 27.6, 31952/4 STREET - WORK WARE C HIATT U E Street - Work Ware C Hiatt 111.000.68.542.90.24.00 115.9E Z 9.8% Sales Tax o 111.000.68.542.90.24.00 11.3( 6 31961/4 STORM - EXCHANGE DIFFERENCE o Storm - Exchange Difference L a 422.000.72.531.90.24.00 -6.0( Q 9.8% Sales Tax 422.000.72.531.90.24.00 -0.5� 31989/4 SEWER - WORK WARER J CLEMO v Sewer - Work Warer J Clemons 423.000.75.535.80.24.00 249.7E 9.8% Sales Tax N 423.000.75.535.80.24.00 24.4E Cl) 32077/4 SEWER - WORK WARE - T HARRIS y Sewer - Work Ware - T Harris a� 423.000.75.535.80.24.00 147.5( U 9.8% Sales Tax 423.000.75.535.80.24.00 14.4( •Fa 32271/4 FAC MAINT - WORK WEAR F KEEN U Fac Maint - Work Wear F Keener 001.000.66.518.30.24.00 c 216.2E m 9.8% Sales Tax E t 001.000.66.518.30.24.00 21.1E u. 32274/4 FAC MAINT - WORK WEAR F KEEN Q Fac Maint - Work Wear F Keener 001.000.66.518.30.24.00 129.9E 9.8% Sales Tax 001.000.66.518.30.24.00 12.7z 33072/4 FAC MAINT - JACKET - D HOUSLER Page: 38 Packet Pg. 67 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224716 3/23/2017 038410 SOUND SAFETY PRODUCTS Voucher List City of Edmonds 4.2.a Page: 39 Invoice PO # Description/Account Amoun (Continued) Fac Maint - Jacket - D Housler ui 001.000.66.518.30.24.00 63.9E u 9.8% Sales Tax t 001.000.66.518.30.24.00 U 6.2 , E 33184/4 WATER - WORK WARE S LEONAR Water - Work Ware S Leonard 421.000.74.534.80.24.00 249.7E o 9.8% Sales Tax 6 421.000.74.534.80.24.00 24.4E o L 33323/4 FAC MAINT - WORK WEAR L LAFA) a Fac Maint - Work Wear L LaFave Q 001.000.66.518.30.24.00 203.2( 9.8% Sales Tax 001.000.66.518.30.24.00 19.9' 33366/4 SEWER - WORK WEAR R WICHER Sewer - Work Wear R Wichers 423.000.75.535.80.24.00 249.7E N 9.8% Sales Tax c 423.000.75.535.80.24.00 24.4E Y 33494/4 WATER - WORK WEAR K KUHNHA a� Water - Work Wear K Kuhnhausen U 421.000.74.534.80.24.00 228.5( E 9.8% Sales Tax •E 421.000.74.534.80.24.00 22.3E U 33510/4 FAC MAINT - WORK WEAR S BRIN Fac Maint - Work Wear S Brinkley 001.000.66.518.30.24.00 311.9E t 9.8% Sales Tax U 001.000.66.518.30.24.00 30.5 1 Q 33797/4 FAC MAINT - WORK WEAR T GODE Fac Maint - Work Wear T Godbey 001.000.66.518.30.24.00 303.2z 9.8% Sales Tax 001.000.66.518.30.24.00 29.7, Page: 39 Packet Pg. 68 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 40 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224716 3/23/2017 038410 038410 SOUND SAFETY PRODUCTS (Continued) Total: 5,795.61 224717 3/23/2017 075009 SOUNDVIEW DESIGN STUDIO 00010617 CRAZE SUMMER DESIGN CRAZE SUMMER DESIGN 001.000.64.571.22.41.00 1,190.5( Total: 1,190.5( 224718 3/23/2017 068439 SPECIALTY DOOR SERVICE 45852 PW - SVC REPAIRS PW - Svc Repairs 001.000.66.518.30.48.00 246.0( 9.8% Sales Tax 001.000.66.518.30.48.00 24.1' 45900 FS 20 - DOOR SVC AND REPAIRS FS 20 - Door Svc and Repairs 001.000.66.518.30.48.00 447.0( 9.8% Sales Tax 001.000.66.518.30.48.00 43.8' Total: 760.9, 224719 3/23/2017 009400 STELLAR INDUSTRIAL SUPPLY INC 3750070 SEWER - SUPPLIES Sewer - Supplies 423.000.75.535.80.31.00 79.7E 9.8% Sales Tax 423.000.75.535.80.31.00 7.8' Total: 87.5E 224720 3/23/2017 040916 TC SPAN AMERICA 76455 FLEET - WORK T SHIRTS Fleet - Work T Shirts 511.000.77.548.68.24.00 358.5( 9.8% Sales Tax 511.000.77.548.68.24.00 35.1 z Total: 393.61 224721 3/23/2017 027269 THE PART WORKS INC INV10456 PM: WALL PUSH BUTTON, FAUCET PM: WALL PUSH BUTTON, FAUCET 001.000.64.576.80.31.00 665.9E Page: 40 Packet Pg. 69 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 41 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 224721 3/23/2017 027269 THE PART WORKS INC (Continued) 9.8% Sales Tax 001.000.64.576.80.31.00 65.2( 224722 3/23/2017 041960 TOWN & COUNTRY FENCE INC 224723 3/23/2017 064423 USA BLUE BOOK 54624 180124 224724 3/23/2017 064858 VISITORS GUIDE PUBLICATIONS 17-035 17-047 224725 3/23/2017 073832 WA ST DEPT OF ENTERPRISE SVCS 9511501 224726 3/23/2017 067917 WALLY'S TOWING INC 57687 Total CITY PARK BUILDING FENCE CITY PARK BUILDING FENCE 001.000.64.576.80.41.00 9.8% Sales Tax 001.000.64.576.80.41.00 Total WATER - HYDRANT METER CARTS Water - Hydrant Meter Carts 421.000.74.534.80.31.00 Freight 421.000.74.534.80.31.00 Sales Tax 421.000.74.534.80.31.00 Total SNO CO TOURISM VISITOR'S GUID Sno Co Tourism Visitor's Guide 1/2 pE 120.000.31.575.42.41.40 VISITOR'S GUIDE LISTING 2017 VISITOR'S GUIDE LISTING 2017 123.000.64.573.20.41.40 Total WWTP: C457 PH 4 ENERGY PROJ - C457 PH 4 ENERGY PROJ - PROJ h 423.100.76.594.39.41.10 Total INV#57687 - EDMONDS PD TOW 2001 BUICK #AXS0147 Page: 41 Packet Pg. 70 vchlist 03/23/2017 8:18:34AM Voucher List City of Edmonds 4.2.a Page: 42 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 224726 3/23/2017 067917 WALLY'S TOWING INC (Continued) 001.000.41.521.22.41.00 159.0( 9.8% Sales Tax 001.000.41.521.22.41.00 15.5E Total: 174.51 224727 3/23/2017 067195 WASHINGTON TREE EXPERTS 117-211 STREET - TREE REMOVAL 76TH AV Street - Tree Removal 76th Ave W 111.000.68.542.71.48.00 580.0( 9.8% Sales Tax 111.000.68.542.71.48.00 56.8z Total: 636.& 224728 3/23/2017 045912 WASPC 2017-00370 INV 2017-00370 ASSOC. DUES - MC ASSOCIATE DUES - MCCLURE 001.000.41.521.10.49.00 75.0( Total: 75.0( 224729 3/23/2017 070156 WATERSHED INC 0072616-IN INV#0072616-IN CUST#ED25000 - E STORMFORCE VECTOR VEST (STF 001.000.41.521.71.24.00 388.0( ADDITIONAL OPTIONS (STRUM) 001.000.41.521.71.24.00 70.0( STORMFORCE SOFT SHELL (STRU 001.000.41.521.71.24.00 207.0( Freight 001.000.41.521.71.24.00 10.8E 9.8% Sales Tax 001.000.41.521.71.24.00 66.2E Total: 742.1( 224730 3/23/2017 064800 WEHOP 634296 FLOWER PROGRAM: PLANTS FLOWER PROGRAM: PLANTS 125.000.64.576.80.31.00 1,575.4� 9.8% Sales Tax 125.000.64.576.80.31.00 154.4( Page: 42 Packet Pg. 71 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224730 3/23/2017 064800 064800 WEHOP 224731 3/23/2017 064008 WETLANDS & WOODLANDS 224732 3/23/2017 072634 WHISTLE WORKWEAR Voucher List City of Edmonds 4.2.a Page: 43 Invoice PO # Description/Account Amoun (Continued) Total : 1,729.81 19349 PM: TREE STAKES Y U PM: TREE STAKES t 001.000.64.576.80.24.00 229.5( u 9.8% Sales Tax E 001.000.64.576.80.24.00 22.4� 2 Total: 251.9� o TR- 336007 STREET - WORK WEAR - B SANDE 76 > Street - Work Wear - B Sanders G Q. 111.000.68.542.90.24.00 300.4� 9.2% Sales Tax Q 111.000.68.542.90.24.00 27.6E M TR- 336152 STORM - WORK WEAR B CLEMEN Storm - Work Wear B Clemens 422.000.72.531.90.24.00 324.8( r 9.2% Sales Tax N 422.000.72.531.90.24.00 29.8E A TR- 336745 STREET - WORK WEAR - S MERBA N Street - Work Wear - S Merback Y 111.000.68.542.90.24.00 384.1 £ 9.2% Sales Tax U 111.000.68.542.90.24.00 35.3E ,E TR- 336827 STORM - WORK WEAR - R HILL f° Storm - Work Wear - R Hill U 422.000.72.531.90.24.00 423.9( 9.2% Sales Tax E 422.000.72.531.90.24.00 39.0( U TR- 336831 STORM - WORK WEAR - J WARD a r r Storm - Work Wear - J Ward Q 422.000.72.531.90.24.00 430.0E 9.2% Sales Tax 422.000.72.531.90.24.00 39.51 TR-336235 STREET - WORK WEAR - T HANSO Street - Work Wear - T Hanson Page: 43 Packet Pg. 72 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher Date Vendor 224732 3/23/2017 072634 WHISTLE WORKWEAR Voucher List City of Edmonds Invoice (Continued) 224733 3/23/2017 075743 WHISTLE WORKWEAR OF SHORELINE SHO 2699 224734 3/23/2017 074672 WILLIAMS, JULIE 224735 3/23/2017 073018 WINFIELD SOLUTIONS LLC SHO- 2728 SHO2737 SHO2738 2/28 PILATES SUB 000061379950 PO # Description/Account 111.000.68.542.90.24.00 9.2% Sales Tax 111.000.68.542.90.24.00 Total : SEWER - WORK WEAR - S MATTHE Sewer - Work Wear - S Matthews 421.000.74.534.80.24.00 9.5% Sales Tax 421.000.74.534.80.24.00 WATER - WORK WEAR - J BECK Water - Work Wear - J Beck 421.000.74.534.80.24.00 9.5% Sales Tax 421.000.74.534.80.24.00 PM: RAINCOAT & RAIN BIBS FREEE PM: RAINCOAT & RAIN BIBS FREEE 001.000.64.576.80.31.00 9.5% Sales Tax 001.000.64.576.80.31.00 PM: RAIN PANTS SIENKO PM: RAIN PANTS SIENKO 001.000.64.576.80.31.00 9.5% Sales Tax 001.000.64.576.80.31.00 Total 2/28/17 PILATES SUB INSTRUCTIO1 2/28/17 PILATES SUB INSTRUCTIOP 001.000.64.571.27.41.00 Total PM: SUPPLIES PM: SUPPLIES 001.000.64.576.80.31.00 4.2.a Page: 44 Page: 44 Packet Pg. 73 vchlist 03/23/2017 8:18:34AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 224735 3/23/2017 073018 WINFIELD SOLUTIONS LLC (Continued) 9.8% Sales Tax 001.000.64.576.80.31.00 000061379951 PM: SUPPLIES PM: SUPPLIES 001.000.64.576.80.31.00 9.8% Sales Tax 001.000.64.576.80.31.00 Total: 224736 3/23/2017 065179 WSAPT Thornquist, Linda 2107 WSAPT MEMBERSHIP FOR LI 2107 WSAPT membership for Linda 001.000.62.524.20.49.00 Wayland, C 2017 WSAPT MEMBERSHIP FOR C. 2017 WSAPT membership for C. Wa. 001.000.62.524.20.49.00 Total: 224737 3/23/2017 065869 WSNLA 300000668 CPH CERTIFICATION FEE EDHOUS CPH CERTIFICATION FEE EDHOUS 001.000.64.576.80.49.00 Tota I : 103 Vouchers for bank code : usbank Bank total 103 Vouchers in this report Total vouchers 4.2.a Page: 45 Amoun 66.2: U t U 244.4: 23.9E o 1,010.61 ca 0 L Q. a Q 35.0( M 6� 35.0( 70.0( r M N M O N 60.0( 60.0( U 1,001,548.3( E .E 1,001,548.3( U c m E t U a r Page: 45 Packet Pg. 74 r Q 4.2.b PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title STR E1AA c342 Fiy&.QQrneL§.JRoundabgut (212th Street SW @ 84th AvPniu, W� STR El CA c368 76th Ave W at 212th St SW Intersection Improvements unset Walkway Improvements STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives c376 Perrinville Creek Culvert Replacement STR E2AA c391 Transportation Plan Update venue provement Project STR E2AD c405 Hwy 99 Enhancements (Phase III) MELE21FA c318 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System E2FC d P Edmonds J J116kility Study SWR E2GB c390 2013 Sanitary Sewer Pipe Rehabilitation E3 %B 04 Corrido sportation Stu STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) 15th St. SW Walkway (Edmonds Way to 8th Avg STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) DA Curb Ramp Upgrades along 3rd Ave STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study c410 Northstream Pipe Abandonment on Puget Drive STM E3FG _ c429 Storm Drainage Improvements - 88th & 194th H �dmq&;105th/106th Av SWR E3GA c398 2013 Sewerline Replacement Project WTR E3, 224th Waterline Relocation (201 FAC E3LB c419 ESCO III Project STR E4CA c438 2014 Overlay Program STR E4CB c451 2014 Chip Seals 2014 Waterline Overlays STR E4CD c462 220th Street Overlay Project E4DA c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid -Block Crossing STM E4FB c434 LID Retrofits Perrinville Creek Basin TM c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects U) m z E 0 0 Q. a Q M as Revised 3/23/2017 Packet Pg. 75 PROJECT NUMBERS (By Engineering Number) 4.2.b Engineering Protect Protect Accounting Funding Number Number Protect Title STM E4FE _ c455 Dayton Street StormwatasiiWp STM E4FF c459 Video Assessment of Stormwater Lines ' SWRMA E4GA 015 Sewerline Replacement Projell SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I SWR Lift Station #1 Basin & Flow Study WWTP E4HA c446 Sewer Outfall Groundwater Monitoring WTR 2015 Waterline Replacement Program WTR E4JC c460 2016 Water Comp Plan Update c444 Public Safety Controls System Upgrades PRK E4MA c417 City Spray Park Edmonds Fichin- STR E5AA c470 Trackside Warning System STR 01 affic Calm STR E5CA c463 2015 Overlay Program WTR L 2015 Waterline Overlays SWR E5CC i007 2015 Sewerline Overlays Bikelink Projec General E5DB c478 Edmonds Waterfront Access Analysis E5FA c466 015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects �Wovements (6th Ave - 8th Ave) STM E51FD c479 Seaview Park Infiltration Facility SWR SWR WWTP WTR WTR FAC UTILITIE STR E5GA c469 E5HA c481 12th Ave & Sierra Stormwater System Improvements 2016 Sanitary Sewer Replacement Projects Lake Ballinger Trunk Sewer Study WWTP Outfall Pine Modifications 16 Waterline Replacemer E5JB c482 Dayton St. Utility Replacement Pro E5KA c473 Five Corners Reservoir Re -coating E5LA c476 AN Upgrades - Council Chambers �pdates ME E6AA s014 SR99 Safet STR 1� i015 STR E6CA i008 ents (224th to 21 Ave to 9th Ave Citywide Protected/Permissive Traffic Signal Conversion 2016 Overlay Program m z E 0 0 L a a Q M as Revised 3/23/2017 Packet Pg. 76 4.2.b PROJECT NUMBERS (By Engineering Number) Engineering Protect Protect Accounting Funding Number Number Protect Title WTR E6CB i009 2116 Waterline O SWR E6CC i010 2016 Sewerline Overlays c485 -V38th St. SW Walkway (Edmonds Way to Hwy 99) STR E6DB s016 ADA Transition Plan a ERDC i016 2016 Curb Ramp Upgrades STR E6DD i017 Minor Sidewalk Program Norths� Culvert Repair Under Puget Drive STM E6FB c486 224th & 98th Drainage Improvements Ave Rain Gardens STM E6FD s017 Stormwater Comp Plan Update E 1 i SWR E6GA i013 2017 Sanitary Sewer Replacement Project SWW E6GB Citywide CIPP Sewer Rehab Phase SWR E6GC c492 2018/19 Sewerline Replacement Project UTILITIES 013 Utility Rate Update WTR E6J13 i014 2017 Waterline Replacement Projects WTR 2018/19 Waterline Replacement Project PRK E6MA c480 Veteran's Plaza PRK 71MI FAC Band Shell Replacement PRK E6MC c494 Yost Park Spa STR i021 STR E7AC i005 228th St. SW Corridor Improvements STR i018 2017 Overlay Progra WTR E7CB i019 2017 Waterline Overlays SWR 2017 Sewerline Overlays STR E7DA i022 2017 Curb Ramp Upgrades 2017 Minor Sidewalk Progra STM E7FA m105 OVD Slope Repair & Stabilization E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW STM E7FG m013 NPDES (Students Saving Salmon) 276 Dayton Street Plaza PM E8MA c282 Fourth Avenue Cultural Corridor m z E 0 0 Q. a Q M as Revised 3/23/2017 Packet Pg. 77 5.1 City Council Agenda Item Meeting Date: 03/28/2017 2016 Annual Report - Snohomish County Fire District One (30 min.) Staff Lead: Department: City Clerk's Office Preparer: Scott Passey Narrative Snohomish County Fire District #1 (FD1) will present and provide comments on the District's 2016 comprehensive annual report to the City on fire, paramedical services, training, prevention, and public educational activities. Fire staff will discuss FD1's emergency response performance. In 2005, the Washington State Legislature adopted a bill (HB 1756) that requires substantially career fire departments to maintain policy establishing the existence of the fire department, identifying the services provided and the basic organizational structure of the fire department, and the service delivery/response time objectives for the fire department for those emergency services. This report is intended to provide our elected officials and the community with a true picture of how well the fire department has performed in meeting the adopted response objectives. Chief Reading, Deputy Chief Doug Dahl, and Fire Marshal Kevin Zweber will be the main staff presenters. Packet Pg. 78 . .R 74 Snohomis County Fire District n • w. . V. �tr •y� v � r. 1 1� r-' To the City of Edmonds 00. r • � �`}' I tea: J Board of Commissioners M. Jim McGaughey, Chair Jim Kenny ..g:.. David Chan Bob Meador ` R, •. Richard Schrock Interim Fire Chief. Brad Reading�'� Headquarters ;. 2425 Meridian Ave S Everett, WA 98208 425-551-1200 r . wwl. fi red istri ctl.org 5.1.a EMERGENCY RESPONSE ire District 1 provides full-time staffing at 12 fire stations. Stations are strategically located to provide prompt emergency response across a 45-square-mile area in unincorporated south Snohomish County and our partner cities, Brier, Edmonds and Mountlake Terrace. All firefighters are certified as either emergency medical technicians or paramedics. That's important because most of the 911 calls we receive are medical emergencies. Firefighters specializing in hazardous material response and technical rescue are also on duty daily. MAJOR INCIDENTS In Edmonds Date Incident Location 2/23/2016 House Fire 23491 94th 3/27/2016 School Fire 9300 236th St March 27, 2016, Madrona School Fire Property Loss Cause $75,000.00 Overloaded Electrical Space Heater $200,000.00 Undetermined 4/9/2016 House Fire 931 Puget Way $100,000.00 Still Under Investigation 5/12/2016 Motel Fire 22201 Hwy 99 $5,000.00 Accidental 5/30/2016 Car Fire 6/8/2016 City Park Car/ 600 3rd Ave S Utility Building Fire 8123 236th ST SW $2,500.00 ':1 111 11 Arson Arson MARCH 1 3, 2016 Firefighters rescued a woman out of the vehicle during a March 2016 windstorm. The vehicle went over an embankment on the 400 block of Howell Way. to 0 N r_ 0 Q. d 0 c c a c d E t 0 M a Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrict1. Packet Pg. 80 5.1.a EMERGENCY MEDICAL & COMMUNITY HEALTH SERVICES ost of the 911 calls we respond to in Fire District 1 are for emergency medical aid. Our commitment to providing you with the best possible care means we are constantly scrutinizing our work, exploring the latest advances in EMS and applying what we've learned to enhance patient care. Our efforts have earned national accolades in recent years, but more im- portantly they've improved service to our citizens. The Community Paramedic Program received the Community Collaboration Award from Verdant Health for their partnerships with Lynnwood Fire Department. CARDIAC SAVE RATE Snohomish County Fire District 1 is proud to have one of the highest cardiac arrest save rates in the county. Our save rate for 2016 was 46%, compared to the national average of 33%. The overall survival rate is 16%, compared 8-10% for the national average. TOP10 EMS RESPONSES Injury 2,047 cases 2 Chest Pain/Discomfort 649 cases 3 Generalized Weakness 525 cases 4 Altered Mental Status 383 cases 5 Respiratory Distress 378 cases 6 Syncope / Fainting 373 cases 7 Abdominal Pain 321 Cases 8 Pain (Non -Traumatic) 287 cases 9 Cardiac arrhythmia 215 cases 10 Seizures 195 cases Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 81 5.1.a COMMUNITY HEALTH PROGRAMS TOP10 INJURY RESPONSES Fa I I 1,275 cases 2 Motorized Vehicle 434 cases 3 Self Inflicted 69 cases 4 Struck by Blunt Object 60 cases 5 Physical Assault 59 cases 6 Sports Injury 41 cases 7 Domestic Violence 37 Cases 8 Stabbing/Cutting 27 cases 9 Bicycle Accident 25 cases 10 Burns 20 cases FALLS PREVENTION PROGRAM In 2016, over 900 citizens were provided information on falls prevention. 701 Falls Prevention Program Letters sent to eligible citizens. 249 citizens are enrolled in the program. Fire District 1 hosted the WA State Falls Prevention Net- work Meeting with over 50 attendees. EMS WEEK OPEN HOUSE 300 citizens attended the EMS Week Open House & Teddy Bear Clinic at Fire Station 17 in Downtown Edmonds CPR PROGRAM A total of 1,038 citizens were reached through the CPR Program! This includes CPR/ AED and First Aid education. Maplewood School Taste of Edmonds Edmonds Senior Center FILE OF LIFE Firefighters and community volunteers distributed 1,700 Files of Life in 2016. The File of Life contains a list of your current medications and other medical information that would be beneficial for firefighters to know if they ever respond to your home for a medical emergency. to 0 N r_ O a - CD W c c Q c CD E V W a Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 82 5.1.a DISASTER PREPAREDNESS EDUCATION By the numbers for 2016 348 citizens attended Ready SnoCo and Ready Sun- day Workshops Presentations 123 citizens attended Disaster Prep Talks focusing on vulnerable adults and children 37 students completed the CERT class (Community Emergency Response Team) 275 citizens attended a Map Your Neighborhood Ambassador Workshop 300 participants attended a Count Me In Town Hall Meeting Event at Edmonds Community College 120 citizens attended ReadyFest, an Open House for Disaster Preparedness at Fire Station 17 0 N le- a Map Your Neighborhood at Edmonds Fire Station I Wo M c c El Q ReadyFest at Edmonds Fire Station 17 Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 83 5.1.a TRAINING n 2016, Fire District 1 and Lynnwood Fire Department began a blended management. This includes a blended Training Division to provide a wide range of educational opportunities to prepare firefighters to respond to fires, hazardous materials, technical rescues, motor vehicle collisions, emergency medical and other incidents. TRAINING NEW HIRES and CAPTAINS: The Training Division provides programs to help newly hired firefighters and recently promoted captains, and battalion chiefs to successfully fulfill their duties. In 2016, The Training Division conducted multiple five -week orientation programs for six lateral -hired firefighters and ten entry level firefighters prior to their assignment to shift. This program addresses all working aspects expected of a probationary candidate. Each candidate received instruction in the areas of hose deployment, engine company functions, truck company functions, emergency medical services, technical rescue, hazardous materials, marine operations, inspections and comprehen- sive information detailing the work performed by administrative staff and programs. In addition to this orientation, the Training Division also provided a one -week probationary orientation program for the position of captain. This program is designed for personnel ready to promote to the leadership positions and is focused on the specific tasks and details necessary for successful performance at each level. The captain's orientation was provided for five firefighters who are preparing to promote to captain. INCIDENT MANAGEMENT: Last year Snohomish County initiated a new Incident Management System Policy. The department Battalion Chiefs are becoming certified in an Incident Management System called Blue Card that is nationally recognized and follows our new county policy. Along with the Battalion Chief training, the training division has conducted multiple training sessions to all operational personnel to apply the changes based on the new county IMS policy which will continue into 2017. ANNUAL TRAINING PROGRAMS: The Training Division is responsible for establishing programs to comply with local, state and federal mandates. To ensure compliance, each member of the department is provided with a tracking document in which to appropriately document their required training. Continued on next page a Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 84 - Continued from previous page 5.1.a Five positional documents are created for this purpose: Administrative, Medical Services Officer, Command Officers and Shift Battalion Chiefs, Shift Captain and Firefighter, and Volunteer Officer and Firefighter. From this document, individual classes and expectations are derived to create the substance of the annual training calendar and classes. Toward the end of 2016 and the first quarter of 2017, the training division is preparing to transfer these tracking tools to an electronic format using a software called Rescue Hub. This will drastically reduce the use of paper and create a higher efficiency for the training division. COMMAND STAFF TRAINING: Command staff training prepares chief level officers to lead firefighting operations at emergency incidents. Quarterly training included emergency scene communications, firefighter rescue scenarios, and special occupancy hazards in our response area Regional partners Everett FD and Lynnwood FD participated with Fire District 1 in the command staff training program. Training with our regional partners prepares all of us to work together more efficiently and effectively in an actual emergency. In 2016 we also hosted a lecture by Dr. Griffin who was the driver of the first engine to respond to the 2007 Sofa Super Store in South Carolina where 9 firefighters were killed. Now, Dr. Griffin has completed a Doctorate of Education in organizational leadership and development, Dr. Griffin command staff training training organizations across the globe on the importance of moving away from "the way we've always done it" mentality. He has helped promote massive reforms in how firefighters are trained as well as how executives lead their teams. REGIONAL PARTNERSHIPS: Fire District 1 continued its regional partnerships in 2016 through its participation in the county -wide annual training programs and quarterly ASCERT drills. The county -wide program places training classes on the Snohomish County Training Officer's website for all county agencies to access. These classes and drills help provide the substance to ensure 100 percent compliance with laws governing the minimum requirements for firefighters. Quarterly ASCERT drill with Everett, Lynnwood, and Mukilteo Fire ASCERT drills bring together the training divisions of Everett, Lynnwood, Mukilteo, and Fire District 1 to coordinate on large scale drills and interoperability. From these ASCERT drills we identify areas of focus that we would like to improve upon. This format allows for cost sharing and provides an opportunity for our personnel to work alongside our regional partners in a controlled environment prior to emergency response. Topics for these drills included vent, enter and search; forcible entry; vertical ventila- tion; EMS -based scenarios; active shooter education; mid -rise operations; and urban search and rescue operations. Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrict1. Packet Pg. 85 5.1.a VOLUNTEERS he Volunteer Division provides support response with AIR 10, a truck equipped to provide on - scene air bottle refills, supplemental lighting and firefighter rehabilitation. The division also supports prevention education and community relations. TRAINING and CAREER DEVELOPMENT: Volunteers participated in 46 weekly drills of 2-3 hours each. ALARMS: Volunteers responded with AIR 10 to 23 alarms. PUBLIC EDUCATION and COMMUNITY EVENTS: Volunteers assisted with public education activities and community events including: • Edmonds Classic Car Show • Edmonds Egg Hunt • Mountlake Terrace Egg Hunt • Volunteer Recruit Interviews • Edmonds Waterfront Festival • Edmonds Fourth of July Parade and Waterball Competition • Tour de Terrace Parade and Fireworks Show • National Night Out Against Crime events in Brier, Mountlake Terrace and Willis Tucker Park • EMS Week Open House at Edmonds Fire Station 17 • ReadyFest at Station 17 • Count Me In Town Hall Meeting at Edmonds Community College • Brier SeaScare Porchlight Parade Volunteers Ross Rumann, Larrry Slough, Alejandro Camez, and Jimmy Disch during Fourth of July Parade Air 10 in the Fourth of July Edmonds Parade • Taste of Edmonds • Fire Prevention Month Open House • Tree lightings in Brier, Edmonds and Mountlake Terrace • Station 23 Neighborhood Holiday Party • Santa Claus Ride -Along to neighborhoods • Delivery of food and gifts to needy families • Shop with A Cop • Chief for A Day Tour at Station 20 Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 86 5.1.a FIRE PREVENTION & EDUCATION n addition to standing ready to respond to a wide range of emergency situations, we're also here to help you prevent those emergencies from happening in the first place. Your firefighters work with full-time staff to provide fire and injury prevention services and public education. INSPECTIONS In Edmonds New Business Inspections; 234 Re -Inspections. 214 Annual Inspections, 1001 Total plan reviews: 418 Total plan review hours: 232 PERMITS In Edmonds Special Event/Tank Removal Operational Permits. 92 EDUCATION By the numbers in Edmonds 1121 students reached in school presentations 656 citizens attended fire department events 7915 citizens reached through com- munity organized events Q Construction Permit Inspections, 618 Fire District 1 Deputy Chief and Edmonds Fire Marshal, John Westfall is retired after more than 26 years. Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 87 5.1.a COMMUNITY CONNECTIONS e're proud to be part of the communities we serve. That means getting in- volved in events and activities that benefit our neighbors. It also means keep- ing in touch. Social media, such as Twitter (@SnoCoFirel) and Facebook (Snohomish County Fire District #1), our website and our FlashPoint newsletter help us communi- cate with the citizens we serve. KEEPING IN TOUCH Newsletters Our F1ashPoint newsletter is mailed to households. We also send out targeted mailings to neighborhoods following fires or other emergency incidents. Social Media @SnoCoFirel Snohomish County Fire District #1 Website www.firedistrictl.org Our website includes interactive tools to keep citizens informed including e-notifications about events and meetings. We've also added a link where you can listen to live fire radio and dispatch. Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 88 5.1.a OUR FUNDING 2016 DISTRICT REVENUE SUMMARY The District receives 97% of its revenue from three sources. Property Tax revenue is the primary source at 64%, followed by Contract revenue (26%), and Transport receipts (7%). 2016 Budget 2016 District Budgeted Resources Property Taxes 30,493,876 —3% Contracts for Services 12,534,775 ■PrcpertyTaxes ■ Cc nt racts fo r 5 e rvi c e5 Transport Fees 3,455,000 2646 Transport Fees Other 1,588,976 ■ other 48,072,627 A6a PROPERTY TAXES GENERAL FUND REVENUE SUMMARY In addition to an allocation of Property Taxes, the General Fund receives revenue from: the cities of Mountlake Terrace, Property Taxes 2°' 19 20A 7n' 6 Property Tax Allocation ■General Fund Operations ■Apparatus Reserve ■Facilities Project Reserve ■Equipment Reserve ■Leoff 1 Medical Reserve 12% ■Compensated Absences Reserve 2016 Budget General Fund Operations 28,101,982 Apparatus Reserve 770,000 Facilities Project Reserve 231,750 Equipment Reserve 530,450 Leoff 1 Medical Reserve 579,193 Compensated Absences Reserve 280,500 30,493,875 Brier, and Edmonds who contract with District 1 to provide fire suppression, inspection, and prevention services; Transport Fees; Other Charges for Services; Grants; and Insurance Reimbursements. 2016 Budget Property Taxes 28,101,982 City of Brier 1,035,952 City of Edmonds 8,480,198 City of Mountlake Terrace 3,018,625 Transport Receipts 3,455,000 Other Revenue 835,127 Grants 712,107 45,638,991 2016 General Fund Revenue Budget 1% 2% 7r6 ■ Property Taxes 7% ■ City of Brier 41 ■ City of Edmonds ■ City of Mountlake Terrace 19% ■Transport Receipts ■ Other Revenue U0 Grants 2% 62% Q Continued on next page Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 89 5.1.a GENERAL FUND EXPENSE SUMMARY The District allocates its General Fund resources to five major categories, the largest being Wages which combined with Overtime and Benefits make up approximately 81% of General Fund Expenses. Services at 15%, followed by Supplies (4%) make up the balance of the expenses. E 2016 General Fund Expense Budget 15% ■ Wages a%�■Overtime Benefits zo% 1 ■ Se ry ice s 55% Supplies 6% r 2016 Budget Wages 25,190,817 Overtime 2,792,701 Benefits 9,307,751 Services 1,701,313 Supplies 6,728,876 45,721,458 Q Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 90 5.1.a APPENDIX A: 2016 Edmonds by the numbers Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 91 5.1.a 2016 Edmonds responses by the numbers RESPONSES BY CALL TYPE Structure Fire Fire Other Other 1% 9% 4% MVC_,� 4% le ALS 29% Lq 82 percent of calls in the City of Edmonds are for emergency medical services BLS ALS MVC Structure Fire M Fire Other 0 Other TOTAL INCIDENT IN THE CITY 6000 5000 1000 3000 2000 1000 L 5291 5216 5,216 total number of incident firefighters responded to in the City of Edmonds in 2016 2013 2014 2015 2016 Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistrictl. Packet Pg. 92 a 5.1.a Response times in Edmonds In an emergency, every second counts. That's why Fire District 1 constantly monitors and analyzes our response times — from the time you call 911 to the time we arrive at your emergency. Fire District 1 and our partner cities have adopted response time standards all built around assembling enough firefighters and equipment in time to effectively mitigate your emergency. Here's a look at how we did in 2016. Total turnout time: Better than standard Standard: 2:45 minutes on 90 percent of all emergency calls. Turnout time measures the time from dispatch until firefighters leave the station in required protective gear. 2:38 s'-12 11 1 turnout time on 90% of calls 10 2 / 9 3 18 /44r 7 b 5 Standard: 2:45 minutes Fire District 1's turnout time was 2:38 minutes for 90 percent of all calls, better than standard by 7 seconds. First arriving fire engine on fire response: Better than standard Standard: 6:30 minutes travel time for arrival of first fire engine on 90 percent of fire calls. 12 10 -9 6:17 3- response time on 90% of calls , 8 4 7 5; Standard: 1.-:, _ 6 izi 1' 6:30 minutes The average response time of the first arriving fire engine was 6:17 minutes for 90 percent of all fire calls, better than standard by 13 seconds. Residential fire deployment of full first -alarm assignment: Did not meet standard Standard: 7:45 minutes travel time for arrival of all first -alarm residential fire response vehicles and personnel (15 fire- fighters) on 90 percent of residential fire calls. Fire District 1 responded to three full -alarm residential fires in the City of Edmonds in 2016. Assembly of effective force times were: Incident 1: 6:53 Incident 2: 8:10 Incident 3: 8:43 This element measures the last arriving unit at a house fire. While Fire District 1 did not meet standard on two of the three incidents, the first fire engine arrived within 6:17 minutes on 90 percents of fire calls. These firefighters begin mitigating the emergency as soon as they arrive. The predictable consequences for this element (last arriving unit) are inconsequential as the first arriving units have the greatest impact on these events. Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistri Packet Pg. 93 Commercial fire deployment of full first -alarm assignment: Did not meet standard 5.1.a Standard: 9:00 minutes travel time for arrival of all first -alarm response vehicles and personnel (18 firefighters) on 90 percent of commercial fire calls. Fire District 1 responded to five full -alarm commercial fires in the City of Edmonds in 2016. Assembly of effective force times were: Incident 1: 5:00 Incident 2: 5:21 Incident 3: 7:23 Incident 4: 9:05 Incident 5: 11:24 Basic Life Support (BLS) response: Did not meet standard Standard: 5:15 minutes travel time for arrival of first EMS unit (BLS or higher) on 90 percent of medical aid calls requiring basic life support treatment. andard: 15 minutes Fire District 1 responded in 5:57 minutes to 90 percent of all BLS calls, 42 seconds short of the standard. Fire District 1 met the standard on three of the five fire - alarm commercial fires in the City of Edmonds in 2016. This element measures the last arriving unit at a commer- cial fire. The first fire engine arrived within 6:17 minutes on 90 percents of fire calls. These firefighters begin miti- gating the emergency as soon as they arrive. The predict- able consequences for this element (last arriving unit) are inconsequential as the first arriving units have the greatest impact on these events. Advanced Life Support (ALS) paramedic response: Did not meet standard Standard: 6:45 minutes travel time for arrival of first Advanced Life Support (paramedic) unit on 90 percent of medical aid calls requiring AILS treatment. 1:7 10 `9 7:11 ; S response time on 90% of calls C� Fire District 1 responded in 7:11 minutes to 90 percent of all ALS calls, 26 seconds short of the standard. Hazardous Materials response: First apparatus with appropriately trained and equipped operations level personnel arrived in 4:21 minutes/seconds on 90 percent of hazardous materials incidents, better than the standard of 6:30 minutes/second. Response time for trained and equipped technician level personnel at 15:46 minutes/seconds did not meet the established standard of 12:00 minute response 90 percent of the time. There was only one incident in this category in Edmonds in 2016. Technical Rescue response: First apparatus with appropriately trained and equipped operations level personnel arrived in 6:12 minutes/seconds on 90 percent of technical rescue incidents, better than the standard of 6:30 minutes/second. Response time for trained and equipped technician level personnel at 15:21 minutes/seconds to 90 percent of technical rescue incidents did not meet the established standard of 12:00 minute response 90 percent of the time. There were two incidents in this category in Edmonds in 2016. Response time for marine rescue and personnel: Fire District 1 responded in 4:10 minutes/ seconds with appropriately trained and equipped marine rescue and firefighting personnel 90 percent of the time, better than the standard of 6:30 minutes/second. There were two incidents in this category in Edmonds in 2016. Snohomish Co. Fire District 1 / 2016 Annual Report to the City of Edmonds / www.firedistri Packet Pg. 94 5.1.a SNOHOMISH COUNTY FIRE DISTRICT #1 ANNUAL COMPLIANCE REPORT CITY OF EDMONDS 2016 BACKGROUND On November 28, 2006, the City of Edmonds City Council adopted Resolution No. 1133, which adopted the performance, policy, standards, and objectives outlined in the Wash- ington Legislature Substitute House Bill 1756, as the Edmonds Fire Department 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) that transferred Fire and Emergen- cy Service responsibilities to SCFD 1. Section 2.5 of the Interlocal Agreement requires SCFD 1 to report to the City performance standards as identified in RCW 35.103. The following constitutes this reporting requirement: 2016 COMPLIANCE REPORT CONTENTS As required by SHB 1756, the 2016 Compliance Report includes four Sections: • Section 1: Edmonds Municipal Code Chapter 2.12 Fire Department • Section 2: SCFD 1 Policy Statements. • Section 3: Comparison of 2016 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 the adopted standards, and the steps necessary to correct deficiencies in order to achieve compliance. SECTION1.........................................................................................2 SECTION2.........................................................................................3 SECTION3.........................................................................................4 SECTION4.........................................................................................8 Packet Pg. 95 5.1.a 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 the citizens of the City of Edmonds by and through a contract with Snohomish County Fire District 1. Whenever any reference is made in the provisions of the Ed- monds City Code 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 administrative or other day-to-day fire services, to reference the fire chief, fire mar- shal and firefighting services performed for the City by contract by Snohomish County Fire District A. The officials of Snohomish County Fire District 1, 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 Snohomish County Fire District 1 ("District") 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 service system shall remain in effect but no employee of SCFD1shall have recourse to the Civil Service Commission following the termination date of fire de- partment 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 Snohomish County Fire District 1 and the provisions of this chapter shall not impair any existing vested right or vested obligation created under the provisions of state law or under Chapter 2.50 ECC, Fire- men's Relief and Pension System, Chapter 2.60 ECC, Reserve Fire Fighters' Relief and Pen- sions 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]. Packet Pg. 96 5.1.a 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 SCFD1 Organizational Chart approved by the Fire Chief. X meets requirement does not meet 4. The number of Fire Department employees on duty daily in 2016, at the Edmonds stations, is 12 personnel including Battalion Chief as outlined in the Interlocal Agreement for Fire and Emergency Services, and as adopted by SCFD1 Board of Fire Commissioners as part of the 2016 SCFD1 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 Services, and in the 2016 SCFD1 Budget. X meets requirement does not meet Packet Pg. 97 5.1.a 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 20166 response time data is compared against the originally established, Council -adopted 2006 standard. The following section provides the compar- ison: Turnout time for all emeraencv 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 2016: 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 2:38 minutes/seconds. 2A. Response time of the first -arriving Engine Company to a fire suppression Incident: 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 2016: The Fire Department did 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 6:17 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 2016: The Fire Department did not meet the full deployment response time objective 90 percent of the time; 90 percent of fire suppression incidents had the full deployment of first alarm re- sponding personnel and equipment arrive at the scene within 8:43 on all inci- dents and had a 33% compliance to the time standard of 7:45 minutes/seconds of response time. * Total of 3 incidents (effective force times of 6:53, 8:10, and 8:43 Packet Pg. 98 5.1.a 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 2016: The Fire Department did not meet the full deployment response time objective 90 percent of the time; 90 percent of fire suppression incidents had the full deployment of first alarm re- sponding personnel and equipment arrive at the scene within 11:24:00 on all incidents and had a 60% compliance to the time standard of 9:00 minutes/seconds of response time. * Total of 5 incidents. Effective force times of 5:00, 5:21, 7:23, 9:05, and 11:24 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 2016: 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 05:57 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 2016: The Fire Department did not 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 7:11 minutes/seconds of response time. Packet Pg. 99 5.1.a 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 hazardous materials incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2016: The Fire Department did 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 4:21 minutes/seconds of re- sponse time. 5A2. Response time of the first -arriving apparatus with appropriately trained and eauiooed 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 2016: 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 15:46 minutes/seconds of response time. Had one response in 2016 5131. Response time of the first -arriving apparatus with appropriately trained and eauiooed 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 2016: The Fire Department did 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 6:12 minutes/seconds of response time. Packet Pg. 100 5.1.a 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 a technical rescue incident, which the department should meet 90 percent of the time. Actual Department Comparison for the Year 2016: 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 15:21 minutes/seconds of response time 100%. In 2016 there were 2 incidents with 09:54 and 15:21 travel time for Technician level personnel and equipment to arrive. 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 2016: The Fire Department did 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 4:10* minutes/seconds of response time. (* Two incidents this year) Packet Pg. 101 5.1.a 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 2016 are: 2B. Response time for the deployment of full first -alarm assignment to a residential fire suppression incident Established: 7:45 Actual: 8:43 (100%) 2C. Response time for the deployment of full first -alarm assignment to a commer- cial fire suppression incident: Established: 9:00 Actual: 11:42 (100%) 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: 5:57 4. Response time for the arrival of an advanced life support (two Paramedics) unit to an emergency medical incident: Established: 6:45 Actual: 7:11 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: Established: 12:00 Actual: 15:46 (100% 2016 had one incident) 5132. Response time of the first-arrivina aooaratus with aoorooriately trained and equipped Technical Rescue Technician level personnel on board to a technical rescue incident Established: 12:00 Actual: 15:21 (100% 2016 had two incidents) Packet Pg. 102 5.2 City Council Agenda Item Meeting Date: 03/28/2017 Community Transit Presentation (30 min.) Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation N/A Narrative Emmett Heath, Community Transit CEO, will share 2016 accomplishments and the plans for 2017 and beyond. Packet Pg. 103 7.1 City Council Agenda Item Meeting Date: 03/28/2017 Authorization to contract with James G. Murphy to sell surplus city vehicles and surplus city equipment (5 min.) Staff Lead: Mike Adams Department: Public Works & Utilities Preparer: Royce Napolitino Background/History The city has utilized the services of James G. Murphy Auctioneers to sell surplus city vehicles and equipment for several years. We have consistently received quality service and the best prices using this approach. It has proven to be the most cost effective option to manage our larger surplus items like vehicles and equipment. Staff Recommendation It is recommended that authorization be given to Public Works to contract with James G. Murphy Auctioneers to sell (10) surplus city vehicles, (1) riding mower, and (2) portable power generators. Narrative The city would like to utilize the services of James G. Murphy Auctioneers to sell surplus city vehicles and equipment. This has proven to be a cost effective method to manage surplus items. The following equipment: Unit# 83-SWR 1984 Onan 30 KW portable generator SN# 361184 Unit# 51-SWR 1994 Olympian 35KW portable generator SN# 2016236 Unit# 109-PRK 2006 Toro riding mower SN# 260000182 The following vehicles: Unit# 120-PRK 2001 Dodge 1 ton flatbed Vin# 31361VIC36571M547878 Unit# 121-PRK 2001 Dodge 1 ton flatbed Vin# 3136ML36551M547877 Unit# 129-STR 2002 Ford F-450 flatbed Vin# 1FDXF46F22EL20175 Unit# 132-STR 2003 Ford F-250 flatbed Vin# lFDNX20P53EC75201 Unit# 252-FLT 2002 Dodge Stratus Vin# 1133AL36R221-1231252 Unit# 304-POL 1989 RTA SWAT bus Vin# 1TUMDT9A4KR26304 Unit# 448-POL 2011 Ford Crown Victoria Vin# 2FABP7BV8BX149448 Unit# 449-POL 2011 Ford Crown Victoria Vin# 2FABP7BVXBX149449 Unit# 452-POL 2011 Ford Crown Victoria Vin# 2FABP7BVXBX149452 Unit# 455-POL 2011 Ford Crown Victoria Vin# 2FABP7BV5BX149455 Packet Pg. 104 7.2 City Council Agenda Item Meeting Date: 03/28/2017 Presentation of a Supplemental Agreement with Murray, Smith & Associates for the Five Corners Reservoir Recoating Project (10 minutes) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On April 5, 2016, Council authorized the Mayor to sign Supplemental Agreement No. 1 with Murray, Smith & Associates. Staff Recommendation Forward the item to the consent agenda for approval at the April 4, 2016, City Council meeting. Narrative The City issued a Request for Qualifications (RFQ) in March 2015 to hire a consultant to provide design engineering services for the Five Corners Reservoir Recoating Project. The City received statements of qualifications from two engineering firms and the selection committee chose Murray, Smith & Associates (MSA) to provide design engineering services for the Five Corners Reservoir Recoating Project. On August 3, 2015 the City entered into a $71,019 contract with MSA to provide evaluations and recommendations for the Five Corners Reservoir. Although the main purpose of the project was to recoat the two reservoirs, a preliminary study consisting of a comprehensive evaluation of the facility was included in the scope. A structural analysis was performed using available as -built records and seismic codes updated since the City's 2004 structural evaluation. The analysis determined that more investigation was needed to address concerns about the structural integrity of the two reservoirs. On April 18, 2016 the City entered into a $60,465 Professional Services Supplemental Agreement with MSA. The contract included a geotechnical investigation to obtain information on soil bearing capacity and ultrasonic testing on reservoir tank welds to obtain information on reservoir shell strength that will replace engineering assumptions previously used in the structural analysis. MSA also evaluated operational constraints to determine if reductions in storage volumes could reduce the impact from a seismic event. MSA's technical memorandum concluded that the reservoirs could meet current seismic codes and be operational within the City's parameters for water service by lowering the level of the reservoir overflow pipes and making minor structural enhancements to the roof of the 1.5 MG tank. Supplemental agreement No. 2 will provide professional services to complete the design plans, specifications and construction documents for both reservoirs. The portion of the contract in Supplemental Agreement No. 2 is scheduled to be completed by January 2018 with bidding and the award of the construction contract. The fee for the Supplemental Agreement is $178,829 and includes a management reserve of $16,000 for unexpected tasks that may come up during design. An additional Supplemental Agreement with MSA may be required for construction support due to the specialized Packet Pg. 105 7.2 nature of the project. Construction is scheduled to take place between February and September of 2018. Attachments: Murray, Smith & Associates - Supplemental Agreement Packet Pg. 106 7.2.a Original Contract No. 6575 Supplemental Agreement 2 No. CITY OF EDMONDS DAVE EARLING 121 5" AVENUE NORTH - EDMONDS, WA 98020 . 425-771-0220 - FAX 425-672-5750 MAYOR Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division SUPPLEMENTAL AGREEMENT 2 TO PROFESSIONAL SERVICES AGREEMENT Five Corners Reservoir Recoating Project WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and Murray, Smith & Associates, Inc., hereinafter referred to as the "Consultant", entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Five Corners Reservoir Recoating Project, dated August 3, 2015; and The City and the Consultant entered into a supplemental agreement for 1) field testing and structural evaluations; and 2) storage volume and operating level evaluation with respect to a project known as Five Corners Reservoir Recoating Project, dated April 18, 2016; and WHEREAS, Phase 2 for final design and bidding engineering services will be added M to the original Scope of Work; NOW, THEREFORE, In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of August 3, 2015 and the Supplemental Agreement 1 of April 18, 2016 between the parties, incorporated by this reference as fully as if herein set forth, are amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $71,019 amount set forth in Paragraph 2A of the Underlying Agreement, and stated as an amount which shall not be exceeded, and which was increased by $60,465 by the Supplemental Agreement 1, is hereby amended to include an additional not to exceed amount of $178,829 for the additional scope of work identified in Exhibit A to this Supplemental Agreement 2. As a result of this Supplemental Agreement 2, the total contract amount is increased to a new total not -to -exceed amount of $310,313 ($71,019, plus $60,465, plus $178,829). Packet Pg. 107 7.2.a 1.3 Exhibit B to the underlying agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this addendum, incorporated by this reference as fully as if herein set forth. 2. In all other respects, the Underlying Agreement and the Supplemental Agreement 1 between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. DONE this day of , 20 CITY OF EDMONDS MURRAY, SMITH & ASSOCIATES, INC. By: By: _ Mayor David O. Earling Title: ATTEST/AUTHENTICATE: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney SAStaff\Megan\Engineering Admin\PROJECTS\E5KA.Five Corners Reservoir Recoating\MSA.Supp 2.doc Packet Pg. 108 7.2.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: SAStaff\Megan\Engineering Admin\PROJECTS\E5KA.Five Corners Reservoir Recoating\MSA.Supp 2.doc Packet Pg. 109 7.2.a EXHIBIT . SCOPE OF WORK CITY OF EDMONDS FIVE CORNERS RESERVOIR RECOATING PROJECT PHASE 2 — DESIGN AND BIDDING SERVICES BACKGROUND Murray, Smith & Associates, Inc. (MSA) has developed the following scope of services and accompanying engineering fee estimate to provide final design and bidding engineering services for the Five Corners Reservoir Recoating project. The scope and fee have been developed based on discussions with City staff and our understanding of the project from the previously completed tasks in Phase 1 of the project, which included evaluations of both the 1.5 MG reservoir and 3.0 MG reservoir. The results of the evaluations are summarized in a draft technical memorandum, dated December 22, 2016. SCOPE OF WORK r Task 1 - Project Management and Coordination 0) This task provides for management of the project and coordination with the project team. Elements of this task will include: 1.1 Correspondence and Coordination with City - Coordinate with the City Project Manager via phone conversations and e-mail for project decisions, project status, work activities, and issues requiring City input. 1.2 Budget Review, Invoices and Progress Reports - MSA's Project Manager will monitor project costs and manage budget and billing tasks, including preparation and submission of monthly invoices and progress reports. 1.3 Kick-off Meeting - Prepare for and conduct project kick-off meeting with City staff and key team members to discuss project, review project schedule and discuss key elements of the project. Prepare meeting agenda and record meeting summary to document items discussed and transmit to City. 1.4 Quality Assurance/Quality Control (QA/QC) - Perform in-house quality assurance reviews of all deliverables. Assumptions: • MSA will prepare for and attend one (1) kick-off meeting with the City. City Responsibilities: • Attend kick-off meeting. City of Edmonds MURRAY, SMITH & ASSOCIATES, INC. Phase 2 - Five Corners R March 6, 2017 Engineers/Planners Packet Pg. 110 7.2.a MSA Deliverables to City: • Correspondence, a -mails and other documentation • Monthly billing statements and activity reports • Kick-off meeting agenda and minutes Task 2 - Plans, Specifications and Construction Cost Estimates Plans and specifications suitable for public bidding in accordance with City requirements will be prepared for the proposed improvements described in the December 22, 2016 draft technical memorandum and summarized below. 1.5 MG Five Corners Reservoir Improvements • Lower overflow inside reservoir • Roof improvements (intermediate rafters and welding roof plates to rafters) • Interior and exterior recoating, including removal of all existing coatings to bare steel and testing for lead in the coatings as Q. • Galvanic anode cathodic protection system • Replace fall prevention system for exterior ladder U) a • Install roof access platform and railing g • Replace and upsize roof access hatch M • Replace roof vent • Replace exterior base sealant, including removal of existing base sealant a� • Replace fall prevention system for interior ladder E • Replace and upsize ground -level personnel access hatch • Replace and upsize exterior overflow piping and air gap Q M • Relocate inlet pipe entrance through reservoir sidewall and install mixing valve system 3.0 MG Five Corners Reservoir Improvements • Lower overflow inside reservoir • Interior and exterior recoating, including removal of all existing coatings to bare steel (testing for lead was accomplished in the Phase 1 evaluation work) • Galvanic anode cathodic protection system • Replace fall prevention system for exterior ladder • Install railing at roof access platform • Replace roof vent • Replace exterior base sealant, including removal of existing base sealant • Replace fall prevention system for interior ladder • Replace and upsize ground -level personnel access hatch • Replace and upsize overflow piping and air gap • Install mixing valve system Z • Install new site piping and valves for pump station to operate with 3.0 MG reservoir out `�° of service and 1.5 MG reservoir in service Q City of Edmonds MURRAY, SMITH & ASSOCIATES, INC. Phase 2 - Five Corners R March 6, 2017 Engineers/Planners Packet Pg. 111 7.2.a 2.1 50% Plans, Specifications & Estimate (PS&E) — Develop design plans, technical specifications, engineer's opinion of probable construction cost, and construction sequencing schedule to approximately 50% design completion level. Submit 50% PS&E package for City review and comment. Attend one meeting with City staff during 50% design development and one meeting after City's completed review of the 50% PS&E package. 2.2 90% Plans, Specifications & Estimate — Develop design plans, technical specifications, engineer's opinion of probable construction cost, and construction sequencing schedule to approximately 90% design completion level. Submit 90% PS&E package for City review and comment. Attend one meeting with City staff after City's completed review of the 90% PS&E package. 2.3 Final Bid Ready Plans, Specifications & Estimate - Develop final design plans, specifications, engineer's opinion of probable construction cost, and construction sequencing schedule that are ready for bidding. 2.4 Constructability Review - Provide a limited constructability review of the proposed improvements in support of the City's constructability review and identify issues that could affect the construction of the improvements as designed or the construction schedule. Assumptions: z . . • Plans and specifications will include required hazardous material handling and disposal M procedures to address the tested lead concentration levels in the exterior primer coating of both reservoirs. • City's review comments will be received in a complete, single submittal. Multiple rounds of review comments on the same design completion submittal are not anticipated. • City's technical review of each submittal is 2 weeks. • MSA shall apply a Washington Professional Engineer's stamp with signature and date on the final bid -ready set of the design plans and specifications. • Contractor shall develop traffic control and erosion control plans. City Responsibilities: • City to provide access to reservoirs and attend field reconnaissance with project team. • City will provide latest standard technical specifications, standard details, and "front-end" documents to be incorporated into the contract documents. • City to review and provide comments on each submittal of plans, specifications, cost estimate, and schedule. • City will take the lead in preparing permits and coordinating project elements with key stakeholders. • City to coordinate and submit bid -ready contract documents to Builders Exchange or similar service. MSA Deliverables: • Submission of 50% and 90% design packages to include an electronic copy in PDF format of plan set, specifications (also in MS Word), schedule, and engineer's opinion of probable construction cost (also in MS Excel) via e-mail. Q City of Edmonds MURRAY, SMITH & ASSOCIATES, INC. Phase 2 - Five Corners R March 6, 2017 Engineers/Planners Packet Pg. 112 7.2.a • Submission of 100% bid ready package to include final stamped design plans, final specifications, and engineer's final construction cost estimate in PDF, MS Word (specifications), and MS Excel (cost estimate) via e-mail. Task 3 — Subconsultant Services This task provides for the specialty services provided by subconsultants for the project, as described below. 3.1 Surveying and Mapping — MSA's subconsultant Duane Hartman and Associates (DHA) will provide the utility locating, field surveying, and base mapping services for the project. MSA will coordinate the extent of the survey and review and provide comment on the base mapping to the surveyor. A more detailed description of services is provided below: • DHA will utilize published City of Edmonds horizontal and vertical control to perform the topographic mapping. All field data will be processed in accordance with MSA and the City of Edmonds CAD standards. The horizontal datum will be Washington State Plane coordinates, north zone NAD-83(2007). The vertical datum will be NAVD-88. The topographic survey will be developed as a 1'=20' scale file with one foot contours and delivered in DWG and PDF formats. • Topographic mapping will consist of all above ground planimetric features, curbs, walks, g fences, trees etc., and all above and underground utilities. DHA will employ APS r Locating to paint out the existing underground utilities, as well as contacting One -Call to 0 engage the City to locate its water, storm and sanitary sewer systems. y • The survey limits and mapping will be limited to the proposed improvements construction areas within the easterly two-thirds of the site and not within street right of way. • Surveying will include site utilities, elevation at top of concrete foundation of both reservoirs (3 locations for each reservoir), calculated property boundary and right of way, one (1) foot site contours, reservoir and pump station footprints, and all other above- ground features. 3.2 Structural Engineering - MSA's subconsultant Peterson Structural Engineers (PSE) will provide structural engineering services for the design of proposed improvements. A more detailed description of services is provided below: • Teleconferences with the project team • Perform design and generation of 50%, 90% and final construction documents • Assist in the generation of structural specifications sections • Submit 100% bid ready Structural Calculations, Drawings Stamped by a Washington Licensed Structural Engineer (SE). • Provide bidding support services for bidder initiated questions 3.3 Corrosion Engineering - MSA's subconsultant Northwest Corrosion Engineering will provide corrosion engineering services for the design of proposed improvements. A more E detailed description of services is provided below: • Review interior and exterior coating specifications prepared by MSA. Q • Prepare cathodic protection system design drawings and specifications. City of Edmonds MURRAY, SMITH & ASSOCIATES, INC. Phase 1 - Five Corners Res March 6, 2017 Engineers/Planners Packet Pg. 113 7.2.a • Collect paint sample from the 1.5 MG reservoir and perform TCLP testing (paint sample testing of 3.0 MG reservoir was completed during the evaluation work in Phase 1) • Participate in one design review meeting with project team. Task 4 — Bidding Assistance (As Needed) This task includes supporting the City on an as -needed basis in providing assistance during bidding of the project. Anticipated elements of this task include: 4.1 Bidder Inquiries and Addenda - Respond to questions from bidders, subcontractors, equipment suppliers and other vendors regarding the project, plans and specifications. Maintain a written record of communications during the bidding process. Prepare and issue any addenda as necessary to clarify the contract documents. 4.2 Pre -bid Conference - Attend a pre -bid conference, if necessary, for the project and provide support to the City for specific agenda items. CL Assumptions: a • The City will take the lead in tasks associated with printing bid documents, document c) distribution, bid advertisement, addenda distribution, plan holder administration, bid evaluation, < bid tabulation etc. • MSA's support services during bidding will be performed up to the extent of the fee estimate for M the Bidding Assistance task, unless otherwise approved in advance by the City through a budget amendment or authorization to invoice against the Unanticipated Task Reserve budget. MSA Deliverables to City: Draft addenda as required for the City to distribute to plan holders. Task 5 — Unanticipated Task Reserve (As Needed) A reserve budget amount has been included in the fee estimate for work under this task, which may include additional unanticipated work not specifically identified in the scope of work tasks defined above. Such work items will be undertaken only after written authorization from the City. PRELIMINARY ESTIMATED SCHEDULE MSA shall begin work immediately upon receipt of Notice to Proceed from the City and proceed according to the preliminary estimated schedule presented below. However, factors beyond MSA's control may require schedule modification. Notice to Proceed 50% PS&E Submittal 90% PS&E Submittal Final Bid Ready PS&E Submittal Bidding and Award Construction — Onsite piping improvements Construction — 3.0 MG improvements Construction — 1.5 MG improvements April 2017 July 2017 September 2017 November 2017 December 2017 - January 2018 February 2018 February — May 2018 June — September 2018 City of Edmonds MURRAY, SMITH & ASSOCIATES, INC. Phase 1 - Five Corners Res March 6, 2017 Engineers/Planners Packet Pg. 114 7.2.a EXHIBIT B CITY OF EDMONDS FIVE CORNERS RESERVOIR RECOATING PROJECT PHASE 2 - DESIGN AND BIDDING SERVICES FEE ESTIMATE 3/6/2017 TASK MSA LABOR HOURS ESTIMATED FEES PrincEV $212 Prfncl $198 PE VII $173 PE III $140 Tech IV $136 ndmin $95 HoursLabor Subconsultants ExpensesTotal NW Corr DMA Peterson Task 1- Project Management & Coordination Task 1.1- Correspondence & Coord with City 8 2 8 18 5 3,556 S 10 S 3,566 Task 1.2- Budget, Invoices & Progress Reports 6 4 10 1 3 23 $ 4,139 $ 10 $ 4,149 Task 1.3 - Kick-off Meeting 4 4 2 10 $ 1.770 S 80 S 1,850 Task 1.4 - QA/QC 8 8 16 S 3,360 $ 10 S 3,370 Task 1 Subtotal 26 14 22 0 0 5 67 S 12,825 $ $ $ $ 110 $ 12,935 Task 2 - PS&E Task 2 1- 50% PS&E 15 30 50 90 70 16 1 271 $ 41,560 S 1,360 S 42,920 Task 2.2- 90% PS&E 10 20 40 80 1 60 12 222 S 33,600 S 1.180 $ 34.780 Task 2.3 - Final PS&E 10 20 40 80 50 16 216 S 32,620 $ 1,000 $ 33,620 Task 2.4 - Constructability Review 4 4 8 $ 1,680 $ 20 5 1,700 Task 2 Subtotal 39 74 130 250 180 44 717 $ 109,460 $ $ $ $ 3,560 $ 113,020 Task 3 - Subconsultant Services Task 3.1- Surveying & Mapping (DHA) 0 S $ 5,749 $ - $ 5,749 Task 3.2 - Structural Engineering (Peterson) 0 $ 5 20,249 S S 20,249 Task 3.3 - Corrosion Engineering (NWC) 0 S S 7,614 $ $ 7,614 Task 3 Subtotal 0 0 0 0 0 0 0 $ S 7,614 $ 5,749 S 20.249 S - S 33,612 Task 4 - Bidding and Award Services Task 4.1 - Bidder Inquiries & Addenda 2 1 2 4 2 2 13 $ 2,010 S 56 S 2,066 Task 4.2- Pre -bid Conference 2 4 6 S 1,136 1 $ 60 $ 1,196 Task 4 Subtotal 1 4 1 6 4 2 2 19 S 3,146 S $ S $ 116 $ 3,262 Task 5 - Unanticipated Task Reserve (As Needed Unanticipated Task Reserve (As Needed) 0 S 16,000 S - S 16,000 Task Task S- Subtotal 0 0 0 0 1 0 0 0 1 $ 16,000 $ $ $ $ $ 16,000 TOTAL •ALL TASKS fig 89 158 254 1 182. 51 803 $ f4%A 311 $ 7,634 $ 5,749 S 20,249 $ 3,786 -.$ 178,829. r M Cn City of Edmonds Murray, Smith & Associates, Inc. Phase 2 - Five Engineers/Planners Packet Pg. 115 Exh B - Ph... 2 - Five Comers Reservau s Desip{� Fee 3-6-17 A, 7.3 City Council Agenda Item Meeting Date: 03/28/2017 Presentation of a Supplemental Agreement with The Blueline Group to provide Capital Project Construction Management, Engineering & Inspection Services for 2017 (10 minutes) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On February 16, 2016 Council authorized the Mayor to sign a Professional Services Agreement with The Blueline Group (Blueline) to provide Capital Projects Construction Management, Engineering & Inspection Services for 2016 and 2017. Staff Recommendation Forward the item to the consent agenda for approval at the next Council meeting. Narrative The City issued a Request for Qualifications (RFQ) in November, 2015 to hire a consultant to support City staff with construction management, engineering and inspection services for various City funded capital projects that are scheduled to begin construction in 2016 and 2017. The City received statements of qualifications from six engineering firms and the selection committee chose The Blueline Group based on their qualifications, experience and approach. On February 16, 2016 Council authorized the Mayor to sign the Professional Services Agreement for projects that were scheduled for construction in 2016. A supplemental agreement has now been negotiated for projects beginning in 2017 and to closeout projects that started in 2016. The City has negotiated a consultant fee of $185,800. This includes a $28,000 management reserve for scope of work changes or time extensions during construction. This contract will be funded by the respective utility fund. This contract will provide professional services on the following projects: 1. 2017 Sewerline Replacement Budget: $1.49M Status: 90% Design Construction: May 2017 - October 2017 2. 2016 Sewerline Replacement Budget: $420,000 Status: Construction Construction: July 2017 - September 2017 Packet Pg. 116 7.3 3. Northstream Pipe Abandonment Project Budget: $633,400 Status: 90% Design Construction: June 2017 - September 2017 In addition, these services may also be used to support staff to finalize closeout of projects that were completed recently and were part of last year's contract. Each project will be managed by a City Capital Projects Manager. The consultant will assist the City's project manager by providing daily field inspection and assisting with contract administration duties such as review of contractor's progress schedule, manage request for information (RFI's) log, change order documentation, coordinate on -site material testing, assist with project close-out activities, respond to citizen questions and other duties as outlined in the scope of work. Attachments: The Blueline Group - Supplemental Agreement Packet Pg. 117 7.3.a Original Contract No. 6716 Supplemental Agreement 1 No. CITY OF EDMONDS DAVE EARLING 121 5" AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - FAX 425-672-5750 MAYOR Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division SUPPLEMENTAL AGREEMENT 1 TO PROFESSIONAL SERVICES AGREEMENT Capital Projects Construction Management, Engineering & Inspection Services WHEREAS, the City of Edmonds, Washington, hereinafter referred to as the "City", and The Blueline Group, hereinafter referred to as the "Consultant", entered into an underlying agreement for design, engineering and consulting services with respect to a project known as Capital Projects Construction Management, Engineering & Inspection Services project, dated February 24, 2016; and WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide capital project construction management, engineering and inspection services; NOW, THEREFORE, In consideration of mutual benefits occurring, it is agreed by and between the parties thereto as follows: 1. The underlying Agreement of February 24, 2016 between the parties, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the following respects: 1.1 Scope of Work. The Scope of Work set forth in the underlying agreement shall be amended to include the additional services and material necessary to accomplish the stated objectives as outlined in the attached Exhibit A incorporated by this reference as fully as if herein set forth. 1.2 The $128,400 amount set forth in paragraph 2A of the underlying Agreement and stated as an amount which shall not be exceeded, is hereby amended to include an additional not to exceed amount of $185,800 for the additional scope of work identified in Exhibit A to this supplemental agreement. As a result of this supplemental agreement, the total contract amount is increased to a new total not -to -exceed amount of $314,200 ($128,400 plus $185,800). 1.3 Exhibit B to the underlying agreement consisting of the rate and cost reimbursement schedule is hereby amended to include the form set forth on the attached Exhibit B to this addendum, incorporated by this reference as fully as if herein set forth. 2. In all other respects, the underlying agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. Packet Pg. 118 7.3.a DONE this day of , 20 CITY OF EDMONDS THE BLUELINE GROUP BY: Mayor David O. Earling ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney By: _ Title: Packet Pg. 119 7.3.a STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written NOTARY PUBLIC My commission expires: Packet Pg. 120 7.3.a Exhibit 'A' to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2017 Projects, dated March 20, 2017. Task 001- CONSTRUCTION INSPECTION SERVICES Fee: Time and Expense (Estimated $135,900) Blueline will provide as -needed inspection services at the City's request during the 2017 construction season, and will coordinate construction management activities with the City. Services under this task are anticipated to include: 1. Review plans/specifications and visit the site. 2. Review materials delivered to the site to review compliance with City approved submittals. 3. Provide inspection for all aspects of the construction activity to review Contractor compliance with the contract plans and specifications. 4. Coordinate compaction and materials testing with the testing agency selected by the City under a separate contract. 5. Coordinate all testing with the City and Contractor for water and sewer projects. G. Coordinate final connections with the City and Contractor for water main projects. 7. Record and report the progress of the construction operations to the City throughout the duration of the contract. 8. Furnish the City with verification of all quantities of materials. 9. Provide final project inspection including punchlists. 10. Provide as -built redlines to supplement the Contractor's redlines. 11. Monitor the Contractor's traffic control operations to review compliance with City approved Traffic Control Plan. 12. Be responsive to requests from citizens and businesses. Deliverables (to be submitted weekly during construction): • Inspector's Daily Reports. • Records of Force Account Work. • Weekly Tabulation of Quantities Placed (with all truck tickets attached). • Construction Progress Photos. It is anticipated that the City will: • Provide purity testing (with coordination provided by Inspector). • Review submittals and project schedules. Assumptions: • Projects include the 2017 Sanitary Sewer Replacement (85 working days), 2016 Sanitary Sewer Replacement (25 working days) and the Northstream Pipe Abandonment and Repair (35 working days) projects. • The Contractor will provide construction staking for the projects. • The City or Design Engineering Firm will prepare as -built drawings based off of the as -built redlines. Mileage associated with onsite construction inspection has been included in this task. Packet Pg. 121 7.3.a Exhibit 'A' to the Contract Agreement for Professional Services between The Blueline Group, LLC and the City of Edmonds for Construction Services for 2017 Projects, dated March 20, 2017. Task 002 - PROJECTMANAGEMENT Fee: Time and Expense (Estimated $21,900) This task is for general coordination and meetings on the project, including: 1. Management of all tasks and staff for construction inspection services. 2. Communication with the City of Edmonds regarding the construction. 3. Budget tracking and providing weekly updates to the City. 4. Preparation of consultant monthly invoices for work performed during the previous month, including any pertinent backup materials. Assumptions: • Projects include the 2017 Sanitary Sewer Replacement (85 working days), 2016 Sanitary Sewer Replacement (25 working days) and the Northstream Pipe Abandonment and Repair (35 working days) projects. • If additional inspection time is requested beyond the scope of Task 001, it may be billed under this task. Task 003 - MA NA GEMEN T RESERVE Fee: Time and Expense (Estimated $28,000) This task provides for unanticipated construction services deemed to be necessary during the course of the project. GENERAL ASSUMPT/ONSAND NOTES 1. Scope and fees outlined above are based on the following information (any changes to these documents may result in changes to the fees): a. Correspondence between the Blueline Group and the City of Edmonds on February 24 and 27, 2017 and March 20, 2017. 2. The client shall provide The Blueline Group with approved plans, contract documents, and any necessary inspection forms. 3. The fees stated above do not include reimbursable expenses such as large format copies (larger than letter/legal size), and plots. These items will be billed under a separate task called Expenses. 4. Compaction and materials testing will be billed directly to the City by the testing agency. 5. Time and expense items are based on The Blueline Group's current hourly rates. 6. Night time work will include a 25% surcharge. 7. Night time work will be performed as full-time inspections only (8 hrs/shift minimum). Packet Pg. 122 Job Number: 17-014 Date: March 20, 2017 Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2017 Projects dated March 20, 2017 City of Edmonds 2017 Construction Services Prepared By: Deanna Martin, PE Checked By: Ken Lauzen, PE Project Manager Construction Administrator Construction Inspector Task # Task $174/hr $156/hr $110/hr Total Mileage Total Hours Total Cost Hours Hours Hours 001 Construction Inspection Services 0 $ - 0 $ 1200 $ 132,000 3,915 1,200 $ 135,915 002 Project Management 126 $ 21,924 0 $ 0 $ - 0 126 $ 21,924 003 Management Reserve $ 28,000 Total 126 $ 21,924 0 $ 1,200 $ 132,000 $ 3,915 1,326 $ 185,839 Total Cost (Rounded) $ 185,800 Attachment: The Blueline Group - Supplemental Agreement (1932 : Blueline Supplement for Construction Inspection Services) Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2017 Projects dated March 20, 2017 City of Edmonds 2017 Construction Services Construction Inspection Services 001A Project Manager Construction Administrator Construction Inspector 2017 SS Replacement TOTAL Item # Description $174/hr $156/hr $110/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 8.0 $ 880 8.0 $ 880 2 Full-time Field (17 wk @ 40 hrs/wk) 0.0 $ 0.0 $ 680.0 $ 74,800 680.0 $ 74,800 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 8.0 $ 880 8.0 $ 880 4 Mileage (17 wks x 250 mi/wk @ $0.54/mi) $ 2,295 Total i 0.0 $ I 0.0 $ 1 696.0 $ 76,560 696.0 $ 78,855 *Assumes 85 total working days Construction Inspection Services 001B Project Manager Construction Administrator Construction Inspector 2016 SS Replacement TOTAL Item # Description $174/hr $156/hr $110/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 4.0 $ 440 4.0 $ 440 2 Full-time Field (5 wks x 40 hrs/wk)* 0.0 $ 0.0 $ 200.0 $ 22,000 200.0 $ 22,000 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 8.0 $ 880 8.0 $ 880 4 Mileage (5 wks x 250 mi/wk @ $0.54/mi) $ 675 Total i 0.0 $ I 0.0 $ 1 21.2.01 $ 23,320 212.0 $ 23,995 *Assumes 25 total working days Attachment: The Blueline Group - Supplemental Agreement (1932 : Blueline Supplement for Construction Inspection Services) Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2017 Projects dated March 20, 2017 City of Edmonds 2017 Construction Services Construction Inspection Services 001C Project Manager Construction Administrator Construction Inspector Northstream Pipe Abandonment & Repair TOTAL Item # Description $174/hr $156/hr $110/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 4.0 $ 440 4.0 $ 440 2 Full-time Field (7 wks x 40 hrs/wk)* 0.0 $ 0.0 $ 280.0 $ 30,800 280.0 $ 30,800 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 8.0 $ 880 8.0 $ 880 4 Mileage (7 wks x 250 mi/wk @ $0.54/mi) $ 945 Total i 0.0 $ I 0.0 $ 1 292.01 $ 32,120 292.0 $ 33,065 *Assumes 35 total working days Project Management 002A Project Manager Construction Administrator Construction Inspector 2017 SS Replacement Item # Description $174/hr $156/hr $110/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 4.0 $ 696 0.0 $ 0.0 $ 4.0 $ 696 2 Review IDRs/documentation (17 wks x 2 hr/wk) 34.0 $ 5,916 0.0 $ 0.0 $ 34.0 $ 5,916 3 Budget Tracking & Invoicing (17 wks x 1 hr/wk) 17.0 $ 2,958 0.0 $ 0.0 $ 17.0 $ 2,958 4 Coordination with Staff and City (17 wks x 1 hr/wk) 17.0 $ 2,958 0.0 $ 0.0 $ 17.0 $ 2,958 Total 72.01 $ 12,528 1 0.0 $ 1 0.0 $ 72.0 $ 12,528 *Assumes 85 total working days Attachment: The Blueline Group - Supplemental Agreement (1932 : Blueline Supplement for Construction Inspection Services) Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2017 Projects dated March 20, 2017 City of Edmonds 2017 Construction Services Project Management 002B Project Manager Construction Administrator Construction Inspector 2016 SS Replacement Item # Description $174/hr $156/hr $110/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 2.0 $ 348 0.0 $ 0.0 $ 2.0 $ 348 2 Review IDRs/documentation (5 wks x 2 hr/wk) 10.0 $ 1,740 0.0 $ 0.0 $ 10.0 $ 1,740 3 Budget Tracking & Invoicing (5 wks x 1 hr/wk) 5.0 $ 870 0.0 $ 0.0 $ 5.0 $ 870 4 Coordination with Staff and City (5 wks x 1 hr/wk) 5.0 $ 870 0.0 $ 0.0 $ 5.0 $ 870 Total 1 22.0 $ 3,828 1 0.0 $ 1 0.0 $ 22.0 *Assumes 25 total working days Project Management 002C Project Manager Construction Administrator Construction Inspector Northstream Pipe Abandonment & Repair Item # Description $174/hr $156/hr $110/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 4.0 $ 696 0.0 $ 0.0 $ 4.0 $ 696 2 Review IDRs/documentation (7 wks x 2 hr/wk) 14.0 $ 2,436 0.0 $ 0.0 $ 14.0 $ 2,436 3 Budget Tracking & Invoicing (7 wks x 1 hr/wk) 7.0 $ 1,218 0.0 $ 0.0 $ 7.0 $ 1,218 4 Coordination with Staff and City (7 wks x 1 hr/wk) 7.0 $ 1,218 0.0 $ 0.0 $ 7.0 $ 11218 Total 1 32.01 $ 5,568 1 0.0 $ 1 0.0 $ 1 32.0 $ 5,568 *Assumes 35 total working days 003 Management Reserve Item # Description TOTAL FEE Lump Sum 1 Management Reserve $ 28,000 $ 28,000 Total 1 $ 28,0001 1 $ 28,000 Attachment: The Blueline Group - Supplemental Agreement (1932 : Blueline Supplement for Construction Inspection Services) Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2017 Projects dated March 20, 2017 City of Edmonds 2017 Construction Services Construction Inspection Services 001A Project Manager Construction Administrator Construction Inspector 2017 SS Replacement Item # Description $174/hr $156/hr $110/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 8.0 $ 880 8.0 $ 880 2 Full-time Field (17 wk @ 40 hrs/wk) 0.0 $ 0.0 $ 680.0 $ 74,800 680.0 $ 74,800 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 8.0 $ 880 8.0 $ 880 4 Mileage (17 wks x 250 mi/wk @ $0.54/mi) $ 2,295 Total i 0.0 $ I 0.0 $ 1 696.0 $ 76,560 696.0 $ 78,855 *Assumes 85 total working days Project Management 002A Project Manager Construction Administrator Construction Inspector 2017 SS Replacement Item # Description $174/hr $156/hr $110/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 4.0 $ 696 0.0 $ 0.0 $ 4.0 $ 696 2 Review IDRs/documentation (17 wks x 2 hr/wk) 34.0 $ 5,916 0.0 $ 0.0 $ 34.0 $ 5,916 3 Budget Tracking & Invoicing (17 wks x 1 hr/wk) 17.0 $ 2,958 0.0 $ 0.0 $ 17.0 $ 2,958 4 Coordination with Staff and City (17 wks x 1 hr/wk) 17.0 $ 2,958 0.0 $ 0.0 $ 17.0 $ 2,958 Total 72.01 $ 12,528 1 0.0 $ 1 0.0 $ 72.0 $ 12,528 *Assumes 85 total working days Total 2017 SS Replacement $ 91,383 Attachment: The Blueline Group - Supplemental Agreement (1932 : Blueline Supplement for Construction Inspection Services) m 0 X CD rt (Q N co Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2017 Projects dated March 20, 2017 City of Edmonds 2017 Construction Services Construction Inspection Services 001B Project Manager Construction Administrator Construction Inspector 2016 SS Replacement TOTAL Item # Description $174/hr $156/hr $110/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 4.0 $ 440 4.0 $ 440 2 Full-time Field (5 wks x 40 hrs/wk)* 0.0 $ 0.0 $ 200.0 $ 22,000 200.0 $ 22,000 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 8.0 $ 880 8.0 $ 880 4 Mileage (5 wks x 250 mi/wk @ $0.54/mi) $ 675 Total i 0.0 $ I 0.0 $ 1 21.2.01 $ 23,320 212.0 $ 23,995 *Assumes 25 total working days Project Management 002B Project Manager Construction Administrator Construction Inspector 2016 SS Replacement Item # Description $174/hr $156/hr $110/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 2.0 $ 348 0.0 $ 0.0 $ 2.0 $ 348 2 Review IDRs/documentation (5 wks x 2 hr/wk) 10.0 $ 1,740 0.0 $ 0.0 $ 10.0 $ 1,740 3 Budget Tracking & Invoicing (5 wks x 1 hr/wk) 5.0 $ 870 0.0 $ 0.0 $ 5.0 $ 870 4 Coordination with Staff and City (5 wks x 1 hr/wk) 5.0 $ 870 0.0 $ 0.0 $ 5.0 $ 870 Total 1 22.0 $ 3,828 1 0.0 $ 1 0.0 $ 22.0 *Assumes 25 total working days 2016 SS Replacementl $ 27,823 l Attachment: The Blueline Group - Supplemental Agreement (1932 : Blueline Supplement for Construction Inspection Services) Attachment `B' to the Contract Agreement for Professional Services between the City of Edmonds and The Blueline Group, LLC for Construction Services for 2017 Projects dated March 20, 2017 City of Edmonds 2017 Construction Services Construction Inspection Services 001C Project Manager Construction Administrator Construction Inspector Northstream Pipe Abandonment & Repair TOTAL Item # Description $174/hr $156/hr $110/hr TOTAL HRS FEE HRS FEE HRS FEE HRS FEE 1 Pre -Construction Conference & Prep 0.0 $ 0.0 $ 4.0 $ 440 4.0 $ 440 2 Full-time Field (7 wks x 40 hrs/wk)* 0.0 $ 0.0 $ 280.0 $ 30,800 280.0 $ 30,800 3 Project Close-out, including punchlists, As -built Redlines 0.0 $ 0.0 $ 8.0 $ 880 8.0 $ 880 4 Mileage (7 wks x 250 mi/wk @ $0.54/mi) $ 945 Total i 0.0 $ I 0.0 $ 1 292.01 $ 32,120 292.0 $ 33,065 *Assumes 35 total working days Project Management 002C Project Manager Construction Administrator Construction Inspector Northstream Pipe Abandonment & Repair Item # Description $174/hr $156/hr $110/hr TOTAL HRS TOTAL FEE HRS FEE HRS FEE HRS FEE 1 Initial Project Setup, Review plans/specs 4.0 $ 696 0.0 $ 0.0 $ 4.0 $ 696 2 Review IDRs/documentation (7 wks x 2 hr/wk) 14.0 $ 2,436 0.0 $ 0.0 $ 14.0 $ 2,436 3 Budget Tracking & Invoicing (7 wks x 1 hr/wk) 7.0 $ 1,218 0.0 $ 0.0 $ 7.0 $ 1,218 4 Coordination with Staff and City (7 wks x 1 hr/wk) 7.0 $ 1,218 0.0 $ 0.0 $ 7.0 $ 1,218 Total 1 32.0 $ 5,568 1 0.0 $ 1 0.0 $ 32.0 *Assumes 35 total working days Northstream Pipe Abandonment & Repairl $ 38,633 l 003 Management Reserve Item # Description TOTAL FEE Lump Sum 1 Management Reserve $ 28,000 $ 28,000 Total $ 28,0001 1 $ 28,000 Attachment: The Blueline Group - Supplemental Agreement (1932 : Blueline Supplement for Construction Inspection Services) 8.1 City Council Agenda Item Meeting Date: 03/28/2017 Shoreline Master Program (60 min.) Staff Lead: Kernen Lien Department: Planning Division Preparer: Kernen Lien Background/History The City of Edmonds spent several years (2006 - 2014) revising its SMP consistent with updated state guidelines. The City's review of the SMP update included ten meetings before the Planning Board from October 2011 - November 2012 and eleven meetings before the City Council from December 2012 through November 2014, culminating in the adoption of Resolution 1326 expressing intent to adopt an update to the Shoreline Master Program. The Department of Ecology is responsible for ensuring statewide policies are upheld and implemented when local SMPs are adopted and must approve local SMPs before they become effective. Following the adoption of Resolution 1326, the City's updated SMP and supporting documentation was sent to Ecology for review in December 2014. Ecology issued a conditional approval of the City's SMP on June 27, 2016. The Conditional Approval included eight required changes to the City's SMP and one recommended change. Five of the required changes relate to incorporating the recently adopted critical area ordinance into the SMP. The three remaining required changes and the one recommended change are in regards to the Urban Mixed Use IV Shoreline Environment around the Edmonds Marsh. (The one recommended change was to allow residential development within the Urban Mixed Use IV shoreline environment.) The Council has reviewed each of the required changes proposed by Ecology and taken preliminary votes on each of the changes to provide direction to staff in preparing a response to Ecology. The City of Edmonds responded to Ecology's conditional approval on October 19, 2016 accepting some of Ecology's required changes and proposing alternatives to others (Exhibit 3). The alternatives proposed by the City of Edmonds largely represented providing buffers and setbacks in the Urban Mixed Use IV shoreline environment consistent with Ecology's Wetland Guidance for CAO Updates (Publication No. 16-06-001). Department of Ecology responded to the City's proposed alternatives on January 10, 2017 (Exhibit 2). Staff Recommendation Start making decisions to refine an option for response to Ecology regarding buffers in the Urban Mixed Use IV shoreline environment. Depending on progress at this Council meeting, staff can bring back a final draft of the option for Council's approval at the April 4 Council meeting. If another meeting is needed to refine the option, the City should notify Ecology that an extension is needed and propose a response date of April 30, 2017 to provide the Council enough time to consider the public comment and Packet Pg. 130 8.1 prepare a final option. Narrative Exhibit 2 contains Department of Ecology's January 10, 2017 response to the City of Edmonds proposed alternatives to Ecology's conditional approval of the City's Shoreline Master Program. Ecology formally accepts the City's actions and alternatives on Ecology's required changes 1- 6 (incorporation of the critical area regulations and dropping the interim designation for the Urban Mixed Use IV shoreline environment). However, Ecology has offered two options for the City of Edmonds to consider regarding the buffer and setbacks for the UMU IV shoreline environment. Ecology staff presented the two Options at the January 24, 2017 Council meeting. Staff developed a third option (Options C) for Council consideration which was introduced to the Council at the February 7, 2017 Council meeting and the Council continued discussion on the SMP update at the February 21, 2017 Council meeting. At the March 7, 2017 meeting, a fourth option (Option D) was presented to the City Council. The City Council held a public hearing for March 21, 2017 to receive public comment on the four options regarding the buffer/setback for the Urban Mixed Use IV shoreline environment. Exhibit 1 contains the language of the four options and staff analysis and recommendations regarding potential modifications to the options. Given the lateness of hour following the public testimony on March 21, no modification to the UMU IV options were discussed before Council. Potential modifications the current four options are likely to be brought forward for discussion at the March 28`" meeting. Next Steps The Department of Ecology has requested the City make a final decision on the buffer/setback issue by March 30, 2017. If it becomes apparent that the City will need more than one additional meeting to finalize a response to Ecology, the City should notify Ecology that an extension is needed and propose a response date of April 30, 2017 to provide the Council enough time to consider the public comment and prepare a final option. Attachments: Exhibit 1- Staff Memorandum: SMP Urban Mixed Use IV Options Exhibit 2 - Department of Ecology's Response to City of Edmonds' October 19, 2016 Proposed SMP Alternatives Exhibit 3 - City of Edmonds October 19, 2016 Response to Ecology's Conditional Approval Exhibit 4 - City Attorney Memorandum Exhibit 5 - January 24, 2017 Council Minutes Excerpt Exhibit 6 - February 7, 2017 Council Minutes Excerpt Exhibit 7 - February 21, 2017 Council Minutes Excerpt Exhibit 8 - March 7, 2017 Council Minutes Excerpt Packet Pg. 131 8.1.a OV EDP O �~ Edmonds City Council s Agenda Memo Meeting Date: March 21, 2017 Agenda Subject: SMP Update Public Hearing — Urban Mixed Use IV Options Staff Lead / Author: Kernen Lien, Senior Planner Initiated By: ❑ City Council ❑ Planning Board ❑ City Staff ❑Citizen Request Q Other: State Required SMP Update INTRODUCTION The Department of Ecology's January 10, 2017 response to the City of Edmonds proposed alternatives to Ecology's conditional approval of the City's Shoreline Master Program (SMP) offered two options for the City of Edmonds to consider regarding the buffer and setback for the Urban Mixed Use IV (UMU IV) Shoreline Environment (Options A and B). Staff working with the City Attorney prepared a third option (Option C) which combined elements of Ecology's Options A and B. During public comments on the SMP options for the UMU IV shoreline environment, some expressed that a fourth Option D was necessary. A citizen initiated an Option D was presented by Councilmember Buckshnis at the Mach 7, 2017 Council meeting. A common element of all the options is a default buffer of 110 feet with a 15-foot building setback that is consistent with Ecology's Wetland Guidance for CAO Updates (Publication No. o 16-06-001) for a total setback of 125 feet from the marsh for new development within the N UMU IV shoreline environment. All four options also provide a mechanism for establishing an alternative buffer (reduced or potentially increased) with a site specific study. The primary difference between the four options is in the criteria used for the site specific study in W determining the alternative buffer. a� This memorandum details the four options for the UMU IV buffer and setback and includes staff E comments on each of the options. Additionally, staff has included a discussion on how r r Council review of the alternative buffer may occur. Q Page 1 of 12 Packet Pg. 132 8.1.a URBAN MIXED USE IV OPTIONS Ecology Option A: 110-foot buffer/125-foot setback with clarification This option keeps the Council's proposed alternative of applying the 110-buffer with a 15-foot building setback that is consistent with Ecology's Wetland Guidance for CAO Updates (Publication No. 16-06-001), but allows for an alternative buffer width through applying the Interrupted Buffer provision in ECDC 23.40.220.C.4 through a shoreline conditional use permit process. A shoreline conditional use permit is decided by the hearing examiner in a public hearing and the hearing examiner's decision is forwarded as a recommendation to the Department of Ecology for Ecology's approval, approval with conditions, or denial (WAC 173-27-200). Option A 24.40.090 Shoreline Bulk and Dimensional Standards Shoreline development Urban Mixed Use IV All Other Commercial and Light Industrial Development Shore Setback 125/11018 Recreation Shore Setback 15' 17 Residential Development Shore Setback 125/11018 Transportation and Parking Uncovered Parking Shore Setback 125/11018 Covered Parking Shore Setback 125/11018 All Other Development 125/11018 Footnote: 18. Setback for new development within the Urban Mixed -Use IV environment is 15 feet from the edge of a vegetative buffer. A 110-foot vegetative buffer is required to be established when an approved master planned development is implemented on the north or south side of the marsh. An alternative buffer width may be established with approval of a CUP and when consistent with 23.40.220.C.4. The 110-buffer may be established in the absence of a master planned redevelopment through a standalone restoration project. Staff Comments on Option A: The interrupted buffer provision in ECDC 23.40.220.C.4 provides an exemption from the prescribed buffer width if a site is proven to be functionally isolated from a stream or wetland. In order to demonstrate an area is functionally isolated, a qualified profession must assess the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the physical separation. Option A does not really provide a means for the establishment of an alternative buffer width; it only provides an Page 2 of 12 Q Packet Pg. 133 8.1.a exemption if it is determined that the areas in the UMU IV shoreline environment meet the criteria of an interrupted buffer. Given the stormwater connections between the Harbor Square site and the marsh, it is questionable that a qualified professional could determine that Harbor Square is functionally isolated. Option A ultimately only provides two alternatives for buffers, 1) it is determined the areas adjacent to the marsh are functionally isolated and thus exempt from the buffer requirements, or 2) it is determined the areas adjacent to the marsh are not functionally isolated and the 110-buffer and 15-foot setback apply. Ecology Option B: Minimum 50-foot buffer/65-foot setback, after confirming through site specific scientific study that a 50-foot buffer is appropriate for the UMU IV shoreline environment This option would establish a buffer between 110 feet and 50 feet with a 15-foot building setback. In this option, the appropriate buffer would be established through a master planned development and a shoreline conditional use permit process and a site specific assessment. Ecology proposes the following criteria for establishing the buffer: "The assessment shall determine the width based on the potential lift in ecological functions through the re-establishment of a vegetated buffer and retrofitting storm water system(s) to meet current State treatment standards. To ensure no net loss of ecological function from site redevelopment, this study shall use the existing conditions as the baseline for assessing the potential benefit of restoring the buffer and improving storm water treatment." Option B 24.40.090 Shoreline Bulk and Dimensional Standards Shoreline development Urban Mixed Use IV All Other Commercial and Light Industrial Development Shore Setback 125/110 to 65/5018 Recreation Shore Setback 15' 17 Residential Development Shore Setback 125/110 to 65/5018 Transportation and Parking Uncovered Parking Shore Setback 125/110 to 65/5018 Covered Parking Shore Setback 125/110 to 65/5018 All Other Development 125/110 to 65/5018 Footnote: Q 18. Setback for new development within the Urban Mixed -Use IV environment is 15 feet from the edge of a vegetative buffer. A -vegetative buffer is required to be established when an approved master planned development is implemented on the north or south side of the Page 3 of 12 Packet Pg. 134 8.1.a marsh, based on approval of a CUP and site -specific assessment. The assessment shall determine the width based on the potential lift in ecological functions through the re-establishment of a vegetated buffer and retrofitting storm water system(s) to meet current State treatment standards. To ensure no net loss of ecological function from site redevelopment, this study shall use the existing conditions as the baseline for assessing the potential benefit of restoring the buffer and improving storm water treatment. The buffer width shall not be less than 50 feet. The 110-foot buffer may be established in the absence of a master planned redevelopment through a standalone restoration project. Staff Comments on Option B: Option B establishes a range for potential buffer widths in the UMU IV environment from a minimum of 50 feet to the default 110-foot buffer, each with an additional 15-foot setback on the established buffer. Option B lacks detailed criteria for consideration in a site specific study for establishing an alternative buffer. Option B is also contradictory in requiring both a "lift in ecological functions" (an undefined term) as well as the Shoreline Management Act requirement of "no net loss of ecological functions." Staff -Prepared Option C: Combination of Elements from Options A and B Staff has developed an Option C that combines portions of Option A and Option B for Council consideration. Option C keeps the Council's 125/110 buffer as a baseline and, as with Options A & B, allows an alternative buffer with a shoreline conditional use permit and site specific study. The study criteria uses the criteria in the interrupted buffer provision as proposed by Option A, but the analysis uses the criteria to establish the existing conditions and in the evaluation of a proposed development to ensure no net loss of shoreline functions and values as proposed by Option B. Option C 24.40.090 Shoreline Bulk and Dimensional Standards Shoreline development Urban Mixed Use IV All Other Commercial and Light Industrial Development Shore Setback 125/11018 Recreation Shore Setback 15' 17 Residential Development Shore Setback 125/11018 Transportation and Parking Uncovered Parking Shore Setback 125/11018 Covered Parking Shore Setback 125/11018 All Other Development 125/11018 Footnote: Page 4 of 12 Q Packet Pg. 135 8.1.a 18. The default setback for new development within the Urban Mixed -Use IV environment is 125 feet. A default 110-foot vegetative buffer is required to be established when an approved master planned development is implemented on the north or south side of the marsh with a 15 foot setback from the edge of the vegetative buffer for a total default setback of 125 feet. An alternative buffer width may be established after site specific environmental study and approval through the shoreline conditional use permit process. The alternative buffer must result in no net loss of shoreline ecological functions and values. Existing conditions shall be used as the baseline for assessing no net loss and the site specific environmental study shall address hydrologic, geologic, and the existing and potential wildlife habitat of pre and post development conditions. The alternative buffer shall be no less than 50 feet plus the 15 foot setback. Pursuant to WAC 173-26-201(2)(e), the default buffer may be increased if the analysis of environmental impacts indicates that an increase in necessary to assure no net loss of shoreline ecological functions. The 110-buffer may be established in the absence of a master planned redevelopment through a standalone restoration project. Staff Comments Regarding Options C: Option C appears consistent with the Shoreline Management Act and Shoreline Master Program Guidelines, particularly WAC 173-26-201(2)(e)(ii)(A) which notes, "Application of the mitigation sequence achieves no net loss of ecological functions for each new development and does not result in required mitigation in excess of that necessary to assure that development will result in no net loss of shoreline ecological functions and not have a significant adverse impact on other shoreline functions fostered by the policy of the act." By requiring a site assessment of conditions prior to a development and evaluating the proposed development using the same criteria, the City can assure that the proposed development will result in no net loss of shoreline functions and values. There have been concerns expressed about clarity as to where the buffer begins. While City staff and the Department of Ecology have noted that the wetland boundary and ordinary high water mark in the western portion of the marsh are equivalent, some have expressed concerns that this is not the case and that the buffer may not begin at the edge of the marsh. Option C could be modified to explicitly note that the buffer begins at the edge of the wetland boundary of the Edmonds Marsh and/or the Willow Creek outlet of the marsh. More commentary and potential changes regarding the buffer and setback locations are discussed in Option D below. r Citizen Drafted Option D: 110-foot fixed buffer with Council consideration of an alternate buffer width derived from a scientific site -specific study. x w The following is the citizen summary of proposed Option D. This option has a fixed 110-foot buffer for the UMU IV area at the Edmonds Marsh unless E amended by the Council. This option clarifies that the buffer starts at the outer edge of the r r Marsh wetland (i.e., the buffer starts at the Marsh edge of the berm at Harbor Square). This Q option allows the Council to consider an alternate buffer (consistent with Ecology's recommendation) at a later date if the alternate buffer is derived from a rigorous site -specific scientific study and the applicable legal standards stipulated in the Shoreline Management Act Page 5 of 12 Packet Pg. 136 8.1.a and State Guidelines. To ensure an unbiased and comprehensive study, the details for the conduct of the scientific site -specific study are specified in an Appendix C to the SMP. The scientific site -specific study would occur when a master planned development is approved by the Council and the proponent agrees to pay for the scientific study as stipulated in Appendix C with Council oversight. The science -based 110-foot buffer width or an alternate buffer width (if approved by Council) would not be reduced or exempted by any SMP or CAO provisions (e.g., Appendix B or 24.40.020). This option also clarifies that the buffer is separate from the setback for structures, and that the 15-foot setback starts at the outer edge of the buffer. Option D is implemented by the following changes to the SMP. 1. Modify the 24.40.090 Shoreline Bulk and Dimensional Standards table and footnote 18 as shown below. Shoreline Development Shoreline Area Designation Urban Mixed Use IV All Other Commercial and Light Industrial Development Shore Setback 15 Buffer 11018 Recreation Shore Setback 15 Buffer 11018 Residential Development Shore Setback NA Buffer NA Transportation and Parking Shore Setback 15 Buffer 11018 All Other Development Shore Setback 15 Buffer 11018 Footnote: 18. The Urban Mixed -Use IV environment has a 110-foot buffer that starts at the outer edge of the Edmonds Marsh where the presence and action of waters are common and usual or at the wetland/upland edge. A 110-foot vegetated buffer is required to be established when an approved master planned development is implemented on the north or south side of the Edmonds Marsh. On the west side of the Marsh, a vegetated buffer will be required between the railway right-of-way and the west edge of the Marsh if railroad tracks are added or modified in the railway area. The Council may establish an alternate buffer width at the time of an approved masterplan for development if the alternate buffer width is Page 6 of 12 r Q Packet Pg. 137 8.1.a derived from a rigorous site -specific scientific study to determine the buffer necessary to protect properly functioning wetland/tideland habitat and its associated ecological functions. When determining an alternate buffer derived from the site -specific study, the Council will adhere to the legal standards of the Shoreline Management Act and State guidelines. The conduct of the scientific site -specific study will be in conformance with Appendix C to the SMP. No buffer reductions or exemptions will apply to the 110-foot buffer or alternate buffer for this UMU IV area. 2. Modify the definition of setback in 24.90.050 (A) to be: 24.90.050 A. "Shore setback" or "setback" means the minimum distance between a structure or use from the outer edge of a buffer, or from the edge of the shoreline if no buffer is required. 3. Delete all CAO provisions that reduce or exempt the SMP buffer in Appendix B. This would include deleting in Appendix B sections 23.50.040 (G)(1) to (4) [Wetland Buffer Modifications], 23.50.040 (1) [Additions to structures], and 23.40.220 (C)(4) [Interrupted wetland buffer]; and 24.40.020 (F)(2)(e) [Additions to structures]. 4. Add the following Appendix C to the SMP. Appendix C. Scope of Work for Site -Specific Study Appendix C. Scope of Work for Site -Specific Scientific Study at the Edmonds Marsh The site -specific study, by professionals with field experience in wetland and wildlife science, is to provide comprehensive, site -specific scientific information that the Council will need to consider in approving an alternate buffer width for the Edmonds Marsh. A report on the study results will be peer reviewed by at least three independent scientists having wetland/wildlife expertise before the report is presented to the Council and the public. Wetlands and marshes provide three broad ecological functions that will each need to be evaluated by the site -specific study: 1) Biogeochemical functions, which are related to in trapping and transforming chemicals and include functions that improve water quality in the r watershed; 2) Hydrologic functions, which are related to maintaining the water regime in a watershed including functions as reducing flooding; and 3) Food web and habitat functions. x w The site -specific study should evaluate past, current and projected future ecological functions of the Edmonds Marsh with and without development occurring in adjacent areas, E with planned restoration efforts at the Marsh such as the Willow Creek Daylighting project r r or volunteer revegetation efforts, and in the context of an approved master planned Q development or redevelopment on one or more edges of the Marsh. Buffers provide for the protection and maintenance of wetland functions; thus the Page 7 of 12 Packet Pg. 138 8.1.a site -specific study will need to evaluate buffer widths adjacent to the Edmonds Marsh that will ensure effective buffer functions including 1) removing sediment, 2) removing excess nutrients, 3) removing toxics, 4) influencing the microclimate, 5) screening adjacent disturbances (including noise and light), 6) maintaining habitat connectivity, and 7) maintaining adjacent habitat critical for the life needs of wildlife that use wetlands. Each of these buffer functions should be evaluated against past, present and projected future ecological functions of the Marsh as affected by proximity of development and/or other human activities. Because of the uniqueness of the Edmonds Marsh and the diversity of wildlife species that it supports (i.e., 191 different species of birds have been identified at the Marsh), the site -specific study should include special focus on the life needs of the wildlife that use the Edmonds Marsh (i.e., the wetland ecological function for providing habitat for wildlife). Edmonds Marsh wildlife consists of birds, mammals, reptiles, amphibians, fish and insects. Because of all these variables, the need for buffer zones are complex among and between each of the species and include: 1) Refuge/shelter; 2) Food; 3) Breeding habitat; 4) Nesting materials; and 5) Screening/distancing wildlife from human activities. It is known that the Marsh's ecological functions in providing habitat and food web for wildlife is the most critical component of this study in order to evaluate site -specific buffer widths necessary to preserve/protect those ecological functions. Diversity and abundance of Marsh wildlife depends not only on the width and extent of vegetated buffers, but also on plant species composition and other characteristics (density, quality, vertical structure, etc.) of the plant communities involved. Many studies have found correlations between buffer width and wildlife diversity and function. The referenced as follows list scientific papers are examples of salt marsh and wetland buffer literature that the site -specific study will need to reference and utilize in the methodology and analysis for evaluating buffer widths on each edge of the Edmonds Marsh. REFERENCES: `o Boyd, Lynn. 2001. Wildlife Use of Wetland Buffer Zones and their Protection under the Massachusetts Wetland Protection Act. Department of Natural Resources Conservation, University of Massachusetts. 30 pp plus appendices. in Castelle, Andrew J., Catherine Conolly, Michael Emers, Eric D. Metz, Susan Meyer, Michael ' r Witter, Susan Mauermann, Terrell Erickson and Sarah S. Cooke. 1992. Wetland buffers: use and effectiveness. Washington State Department of Ecology, x Shorelines and Coastal Zone Management Program. Olympia, WA. Pub. No. 92-10. w McMillan, Andrew. 2000. The science of wetland buffers and its implication for management of wetlands. Master of Environmental Studies thesis. The Evergreen State College, E August 2000. 116 pp including graphical appendices. r r Glover, H.K., M.A. Weston, G.S. Maguire, K.K. Miller, and B.A. Chritie. 2011. Towards Q ecologically meaningful and socially acceptable buffers: Response distances of shorebirds in Victoria, Australia, to human disturbance. Landscape and Urban Planning 103(3-4):326-334. Page 8 of 12 Packet Pg. 139 8.1.a Smith, L. A. and P. ChowFraser. 2010. Impacts of adjacent land use and isolation on marsh bird communities. Environmental Management 45: 1040-1051. Weston, M A., M.J. Antos and H.K. Glover. 2009. Birds, buffers, and bicycles: a review and case study of wetland buffers. The Victorian Naturalist 126:79-86. Sheldon, D., T. Hruby, P. Johnson, K. Harper, A. McMillan, T. Granger, S. Stanley and E. Stockdale. 2005. Wetlands in Washington State - Volume 1: A Synthesis of the Science. Washington State Department of Ecology. Publication #05-06-006. Olympia, WA. Staff Comments on Option D: Option D contains four separate potential amendments to the SMP. Below are staff comments on each of the potential amendments. Option D Part 1: Option D Part 1 contains potential amendments to the Shoreline Bulk and Dimensional Table SMP 24.40.090 and the associated footnote 18. Option D includes separate lines for buffer and setback in SMP 24.40.090. This could add clarification as to where the buffer starts, but staff has concerns with listing the "shore setback" at 15 feet in conjunction with the change in definition to "shore setback" in Option D Part 2. Staff suggests changing the setback portion in Option D to "building setback" in conjunction with adding the definition discussed in Option D Part 2 below. In addition to the changed buffer and setback for the UMU IV zone, Option D Part 1 also includes a requirement for buffer establishment on the west side of the marsh between the railway right-of-way and the west edge of the Marsh if railroad tracks are added or modified in the railway area. As shown in Figure 1 below, the railway right-of-way is completely filled up to the edge of the marsh. East of the railway right-of-way the majority of the marsh is owned by the City of Edmonds (the black bolded outline) while the Port of Edmonds owns a sliver of the marsh. There is essentially no place to establish a buffer. Since the City owns the majority of the marsh along the right-of-way, the City may choose to enhance the marsh at this location at any time without a specific requirement in the SMP. Finally, footnote 18 applies to SMP regulations associated with the UMU IV shoreline environment. The language for a buffer between the railway right-of-way and the marsh pertains to two other shoreline environments, the Urban Railroad and Natural Shoreline Environments respectively. Staff suggests removing the language related to the railway from Option D. Page 9 of 12 r Q Packet Pg. 140 8.1.a Fi re 1. Railway right-of-way and Marsh Boundary '"1.70 Option D Part 2: Option D Part 2 proposes to modify the definition of shore setback. The proposed modification has implications in other areas of the City's shoreline environments beyond the UMU IV environment. In particular, this change will have impacts on properties around Lake Ballinger. The shore setback in SMP 24.40.090 for properties around Lake Ballinger (Shoreline Residential III) is 35 feet. In several locations around Lake Ballinger a wetland lays landward of the lake which will require a wetland buffer pursuant to SMP 24.40.020.F (See Exhibit 3 and the Council agenda item). If the shore setback definition is modified as proposed by Option D Part 2, the setback for a wetland buffer around Lake Ballinger will be 35 feet beyond the buffer. Rather than changing the definition of shore setback, staff would propose adding a new definition for "building setback" based on the provisions for building setbacks in the City's critical area regulations ECDC 23.40.280 as follows: "Building setback" means the distance all buildings and other structure shall be set back from the edges of all buffers. The following may be allowed in the building setback area: N A. Landscaping B. Building overhangs, if such overhangs do not extend more than 30 inches into the setback area; and w C. Impervious ground surfaces, such as driveways and patios; provided, that such c improvements may be subject to water quality regulations as adopted in the E current editions of the International Residential Code and International Building U Code, as adopted in ECDC Title 19. Q Option D Part 3: Option D Part 3 proposes to except certain provisions out of the City's critical area regulations from being applied in the SMP. While it appears this was intended to apply Page 10 of 12 Packet Pg. 141 8.1.a to the buffer established for the UMU IV environment, deleting these provisions from Appendix B of the SMP means that they could not be applied anywhere within the City's shoreline jurisdiction. These provisions were recently modified during the Council's review of critical area regulations and were the subject of much debate. Rather than eliminating this flexibility completely from the SMP, if the intent is to not have these provisions apply to the buffer for the UMU IV environment, that should be specifically stated rather than eliminating these provisions for use throughout the City's shoreline environment. Additionally, Option D Part 3 notes deleting section SMP 24.40.020 (F)(2)(e) from the SMP. This section has already been deleted from the SMP in the Council's October 19, 2016 response to Ecology (See Exhibit 3, Attachment A of this Council agenda item). Option D Part 4: Option D Part 4 is to include an Appendix C to detail the study requirements for establishing an alternative buffer in the UMU IV environment. The Council has received many comments regarding the desire for an unbiased study to establish any alternative buffer for the UMU IV environment. Bias can run both ways. The proposed Appendix C contains many qualitative statements and lists specific studies that must be included in any analysis of an alternative buffer. This introduces bias into the study requirements and aims to influence the results of any study. Should the Council choose to include an Appendix C with study requirements for an alternative buffer, the Appendix should stick to identifying the items to be included in the study and criteria for analysis (i.e. no net loss of shoreline ecological functions and values). Appendix C also notes that the study of an alternative buffer analysis should be peer reviewed by at least three independent scientists. City peer reviews are done by hiring a reputable, independent consultant or firm that is well -versed in the science and how the City's codes and SMP works. An alternative to three separate peer reviews would be having the City select the professional which will be conducting the alternative buffer analysis. By having the City select the consultant, they will be selecting a professional (or firm) in which it has confidence in the qualifications of that professional (or firm) to provide a scientific analysis of an alternative buffer given specific criteria established by the City. Finally, the proposed Appendix C notes the site specific study should evaluate past ecological functions of the marsh. The SMA standard is no net loss of ecological functions. The no net loss criterion is based on existing conditions. The inclusion of "past" ecological functions in Appendix C is a vague standard. What point in time is the "past" the analysis? Pre -European settlement? 1970? 1960? The past analysis does not add usable information to an alternative buffer analysis under the SMA. Cali K01I1T14IN:TUy/I iTiT1 Any proposed development in the UMU IV shoreline environment will require approval before the City Council. Both sides of the marsh require a master plan approval in order to be developed. Master Plans are approved by the City Council. Options A through C specifically mention the alternative buffer be approved through a shoreline conditional use process. A Page 11 of 12 r x w c a� E U a r r Q Packet Pg. 142 8.1.a shoreline conditional use is reviewed by the Hearing Examiner and the Hearing Examiner decision is forwarded as a recommendation to the Department of Ecology for Ecology's approval, approval with conditions, or denial (WAC 173-27-200). The conditional use process was proposed by Ecology as a way for Ecology to have review of the alternative buffer given that Ecology must also approve the Shoreline Master Program. One way the alternative buffer may be approved is through a Master Plan process where the Council approves the Master Plan for a specific development with the alternative buffer widths and then when the development application is made consistent with the approved Master Plan, the proposed development goes through the conditional use process. This process does not give certainty to a proposed development in that the alternative buffer would essentially have to be approved twice. A similar process would be for the Council to approve the alternative buffer through a Planned Action SEPA process. But again, a subsequent development would be subject to the shoreline conditional use process. Another option may include an SMP amendment associated with a Master Plan and/or Planned Action SEPA. This would require approval from the City for the Mater Plan and/or Planned Action SEPA and the SMP update. Ecology would then have to approve the SMP amendment. This would be a more rigorous process, but would provide more certainty for a subsequent development application. Page 12 of 12 r Q Packet Pg. 143 sTArE. o E LY O @ ati Cf t�jf� 1869 boy •� L O STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 ® Olympia, WA 98504-7600 V 360-407-6000 cr) 711 for Washington Relay Service • Persons with a speech disability can call 877-833-6341 January 10, 2017 The Honorable Kristiana Johnson, President City of Edmonds Council 121 Fifth Avenue North Edmonds, WA 98020 RE: City of Edmonds Response to Department of Ecology's .Dine 27, 2016, Conditional SMP Approval. Dear Ms. Johnson: Thank you for your October 19, 2016, letter in response to the Department of Ecology's (Ecology) conditional approval of the City of Edmonds (City) Shoreline Master Program (SMP) update. For required changes one through six, the City has either accepted Ecology's required changes or offered alternatives that Ecology finds are consistent with .the SMA and Ecology guidelines, and are consistent with the original intent of the required changes. This letter formally accepts the City's final determination on Ecology's required changes one through six. The amended text provided by the City in Attachment E — Revised (10/19/2016) will become part of the approved SMP amendment through Ecology's final action. We have only one remaining issue. The City has proposed alternatives to Ecology's required change seven and eight concerning Edmonds Marsh buffers and setbacks. We recognize the intense community interest and engagement surrounding the marsh. Over the past few months, Ecology staff have attended many Council meetings and engaged in robust discussions among citizens and Councilmembers. I have met personally with representatives of Friends of the Marsh and the Port of Edmonds to hear their perspectives. Ecology understands the importance of preserving and improving the Edmonds Marsh. We believe this is a common interest among all involved parties. However, Ecology is concerned the City's proposed alternatives must be clarified for consistency with the purpose and intent of Ecology's original change.l The difficulty remains how to achieve this objective given the surrounding land uses, and the near absence of a marsh buffer within the Urban Mixed IV shoreline environment. ' WAC 173-26-120(7)(b)(ii). ®t`,a Packet Pg. 144 The Honorable Kristiana Johnson January 10, 2017 Page 2 L O L Cn To that end, Ecology proposes two options for clarifying the SMP that would address our M concerns, as well as the interests of the community. Please review the attached "Ecology Response to City Alternatives." The attached document responds to the City's thoughtful Evaluation ofScientifrc and Regulatory Consideration Related to Ecology's Required Changes 7 r and 8. 1° Each of these options clarify how appropriate mitigation would be established during redevelopment of the Urban Mixed Use IV environment through site specific assessments that acknowledge existing conditions. These suggested change are consistent with RCW 90,58.100 (use of scientific information) and WAC 173-26-201(2)(c) & (e) (protection of ecological functions and environmental impact mitigation). We appreciate the City's continued work on the SMP. There are many positive aspects to the SMP update that will benefit the City's Puget Sound and Lake Ballinger shorelines. The Edmonds Marsh issue is the last remaining issue related to the Edmonds SMP update process. I believe all parties interested in the outcome of the SMP have a common interest in protecting and improving the quality of Edmonds Marsh for future generations, We hope the options we have provided will help us reach a final resolution. We would like the opportunity to present these options to Council, answer questions you may have, and conclude the SMP update process. Please contact Joe Burcar of our Northwest Regional Office at (425) 649-7096 or ioe.burcar2ecy.wa,go_v. Sincerely, Maia D. Bellon Director cc: Dave Earling, Mayor, City of Edmonds. Shane Hope, Edmonds City Development Services Friends of the Edmonds Marsh Bob McChesney, Executive Director, Port of Edmonds Packet Pg. 145 Attachment G Options for addressing City of Edmonds Alternatives to Ecology's Required L Changes addressing Edmonds Marsh Buffers and Setbacks. This document presents Ecology's response to the City of Edmonds alternatives addressing the Edmonds Marsh Buffers and Setbacks. The City's response, dated October 19, 2016, provides an alternative to Ecology's Required Changes (Row Numbers 7 and 8) issued during the June 27, 2016 Conditional SMP Approval. Under WAC 173-26-120(7), Ecology may approve the City's alternatives if they comply with the SMA and substantive guidelines and are "consistent with the purpose and intent of the changes originally proposed by [Ecology]." The purpose and intent of Ecology's original proposed amendments are found in Ecology's Findings and Conclusions (Attachment A, p. 11), and Required Changes (Attachment B, p. 4), dated June 27, 2016. The City's alternatives would establish a fixed requirement for a 110' vegetated buffer upon redevelopment within the Urban Mixed Use IV environment designation. Ecology finds the City's alternatives could be consistent with applicable laws, rules and the intent of Required Changes, provided they are clarified to acknowledge legally existing uses and site conditions on the landward side of the levee that rings the Marsh. The 110-foot area the City's regulations would require to be revegetated is historic fill, and includes paved areas, tennis courts, a Health Club, other existing structures, and a brownfields clean-up site at the southern boundary of the Marsh. This document outlines the background of this issue, reviews the city alternatives and rationale, and provides two different options for addressing our common interest in establishing a legally defensible framework for protecting and restoring the Marsh. The City's rationale for their alternatives are provided in a memo prepared by Attorney Jeff Taraday of Lighthouse Law Group titled "Evaluation of scientific and regulatory considerations related to Ecology's Required Changes 7 and 8," dated September 23, 2016. The Memo is described by the City as Attachment B. To reduce confusion with Ecology's Attachment B (Required Changes), this Evaluation memo is hereafter referred to as the "Lighthouse Memo." Background on Ecology's ConditionalApproval Required Changes to Rows land 8 Buffers and setbacks for the Urban Mixed Use IV environment designation for Edmonds Marsh have been discussed extensively during the SMP update. The City Planning Commission had proposed a 50' buffer based on an evaluation of applicable scientific information and existing conditions. A 50-foot buffer is generally consistent with existing conditions on the intensely developed north side of the Marsh. The Planning Commission acknowledged the presence of the levee limits the water quality benefits that a larger buffer would provide. Requiring a vegetative buffer larger than 50' would require significant removal of historic fill and removal of existing paved areas and structures. In adopting the final SMP the City Council retained the 50' buffer but increased the building setback to 50' for a total buffer/setback of 100.' Ecology's Required Changes (Rows 7 and 8) did not reduce the 50' buffer width, but amended the City's 50' setback to incorporate a 15' setback from the edge of the vegetative buffer for a 65' combined buffer/setback. The 15' setback was chosen for internal consistency with the City Critical Areas Ordinance that requires a 15-foot setback from the edge of a buffer (ECDC 24.40.280, Building Setbacks). The changes also added a threshold for redevelopment to Ecology Response to City Alternatives to Required Changes Packet Pg. 146 Attachment G clarify when the requirement would apply. Ecology's changes were intended to align the SMP with the L planning commission draft, recognize existing conditions, and maintain consistency with the City's o Critical Areas Ordinance. co M Description of City Alternatives to Rows land 8 For Rows 7 and 8 the City provides alternative setback/buffer for the UMU IV shoreline environment in 24.40.090 Shoreline Bulk and Dimensional Standards. The City's alternative would establish a definitive 125' building setback and mandate the installation of a 110' vegetative buffer when approved master plans for the area are implemented. The City's description for the Change to Row 7: For every instance in Shoreline Bulk and Dimensional Standards table contained in 24.90.090 where the Urban Mixed Use IV shoreline indicates a shore setback of 100150, that will be changed to 1251110. This means there will be a requirement for a 110 foot vegetative buffer with an additional 15 foot structural setback for a total of a 125-foot shore setback measured from the edge of the Marsh. The City's description of the Change to Row 8: The Harbor Square site on the north side of the Marsh has been developed in accordance with a contract rezone. The existing development cannot be expanded as the limitations of the contract rezone have been met. The Harbor Square site has a comprehensive plan designation of Downtown Master Plan. In order for the Harbor Square site to be redeveloped, the redevelopment will have to be approved through a master planning process. When an approved master plan is implemented, the 110-buffer will be required to be established. Likewise, the property on the south side of the Marsh has a comprehensive plan designation of Master Plan Development and a zoning designation of Master Plan 2. Development on the south side of the Marsh will also occur through a master plan process. When an approved master plan implemented on the south side of the Marsh, the 110-foot buffer will be required to be established. While buffer establishment is required with an implemented master plan, the 110-foot may be established prior to the implementation of master planned development through a voluntary buffer restoration effort. City Rationale: Legal Standards The Lighthouse Memo includes a summary of Legal Standards to guide local decision -making. The citations address the requirements to protect ecological functions based on available scientific information. The memo cites WAC 173-26-186(8)(b) which states that SMPs "shall include policies and regulations designed to achieve no net loss of [shoreline] ecological functions." The Lighthouse Memo also cites WAC 173-26-186(8)(c) which states that SMPs "shall include goals and policies that provide for restoration of... impaired ecological functions." However, it is important to note that the SMP Guidelines clarify that restoration be addressed through goals and policies, but is not intended to be achieved through regulations. The guidelines include other citations that reinforces this distinction. For example, WACs 173-26- 201(2)(c) and (e) describe how to address protection of ecological functions and environmental impact Ecology Response to City Alternatives to Required Changes Packet Pg. 147 Attachment G mitigation. The rules require application of a mitigation sequence to achieve no net loss of ecological functions for each new development. The rules include an important restraint on SMP authority. The L o mitigation sequence may "not result in required mitigation in excess of that necessary to assure that development will result in no net loss of shoreline ecological functions..." [WAC 173-26-201(2)(e)(ii)(A)]. M rn r In other words, protective regulations can only require new developments to provide mitigation that compensates for the impacts of new development. A fundamental principle of the guidelines is that the > no net loss" standard protects existing functions, and restoration to improve conditions is met through nonregulatory means Restoration Planning WAC 173-26-201(2)(f). This was a cornerstone of the guidelines, which were negotiated with diverse interests to resolve a legal challenge. Ecology has a approved SMPs that include incentive -based approaches to encourage restoration, but these cannot be (L M required. U) City Rationale: Scientific and Technical Information The Lighthouse Memo includes a summary of Ecology's wetland guidance documents (Citations A — F). The citations correctly identify Ecology's recommended buffer widths for Category II estuarine wetlands would be 110 feet provided minimization measures are provided. However, buffers areas in Ecology's guidance documents are presumed to be functionally connected and therefore capable of performing ecological functions. The City's existing CAO recognizes this. In a section titled "Allowed Activities," a project applicant may propose to modify a standard buffer based on a site -specific study that determines an area is functionally isolated (23.40. 220 C.4). The Lighthouse Memo cites examples provided in Ecology's Wetlands in Washington State, Volume Z Guidance for Protecting and Managing Wetlands in reference to buffer requirements for "new" development. However, any proposal in the UMU IV would be considered "redevelopment", not new development. In addition to the wetland guidance, the Lighthouse Memo cites Ecology's SMP Handbook chapters on Vegetation Conservation (Chpt 11) and Legally Existing Uses (Chpt 14). These chapters recognize that tailored buffers should be based on existing conditions. By contrast, the City's alternative establishes a fixed area that would have to be revegetated during redevelopment that would "over -ride" the existing allowance in the City's CAO based on a site -specific study. The regulation relies on the "default" buffer width rather than developing a tailored buffer that acknowledges existing conditions. City Rationale: Effects of City Marsh Restoration The Lighthouse Memo notes "The city council appears to hold unanimously the goal of restoring the ecological functions and values of the Edmonds Marsh. To the extent that there are differing opinions on the city council, they appear to concern the extent to which the Edmonds Marsh can or should be restored, and/or the best strategies for accomplishing such restoration." Ecology fully agrees with the unanimous goal of the Council to restore the ecological functions and values of the Marsh. It appears Port of Edmonds Commissioners also share this goal. This should be an ideal circumstance for reaching agreement on a reasonable path forward. Ecology Response to City Alternatives to Required Changes Packet Pg. 148 Attachment G An SMP can include restoration goals and policies to improve existing conditions. As noted above the L SMP guidelines acknowledge improvements are to be achieved through voluntary restoration activities o or through regulatory incentives. Cn co M Ecology options based on the City's analysis of alternatives The Lighthouse Memo includes 4 options. Option 2 (75' buffer based on City's old CAO) is no longer applicable, as the City has already amended the CAO to include a 110' buffer for Category 2 wetlands. r Option 4 is Ecology's original Required Changes, which the Council has indicated it does not want to c pursue. Ecology offers the following two options based on the City's analysis of alternatives. +' The Lighthouse Memo starts its evaluation of alternatives with the following: "It will simplify the discussion of alternative buffer widths, if the setback from the edge of the buffer (not from the edge of the wetland) remains consistent across the various alternatives. We agree with Ecology that the SMP should strive for consistency with the CAO in this area. Because the city's CAO currently requires any structure to be setback from the edge of a buffer by 15 feet, the options discussed below will all assume that structures cannot be placed any closer than 15 feet from the edge of a buffer." Ecology's two options below are therefore premised on the use of a 15' setback measured from the edge of the buffer (whatever it may be). Both options include application of a site -specific study that allows the regulatory regime to acknowledge existing conditions and adapt to anticipated impacts of proposed development. For either of these options, the city may want to include a requirement for a Conditional Use Permit for developments in the UM -IV designation. The intent here is to address possible concerns that a site - specific study might not get adequate review. The requirement for a CUP adds a heightened degree of scrutiny and projects would require Ecology formal review and approval. Option: 110-foot buffer/125-foot setback The City has offered this Option as its alternative to Ecology's Required Changes in Row 7 and 8. The Lighthouse Memo cites Ecology's Wetlands Guidance for CAO Updates (June 2016) as the source for the inclusion of a 110-foot buffer with minimization measures as the appropriate buffer for a Category 2 wetland, consistent with the City's recent CAO amendments. The Lighthouse Memo acknowledges the reality that adoption of a 110-foot buffer does not do anything to change conditions on the ground. The Memo recognizes that existing developments could be maintained indefinitely, and that a wide buffer could be a disincentive to redevelopment. Ecology finds the City's alternative should be clarified to include recognition that at the project scale the buffers are to be implemented in a manner that acknowledges legally existing uses and site conditions and ensure the project includes necessary protections commensurate with the proposed development. A few clarifications could remove the disincentive for redevelopment and provide an equitable regulatory framework consistent with SMA authorities. As noted above, the Edmonds CAO already includes a section which allows for exemptions from prescribed buffer widths for areas proven to be functionally isolated. The provision requires a qualified consultant prepare a site assessment and includes criteria for evaluating the assessment, as follows: Ecology Response to City Alternatives to Required Changes 4 Packet Pg. 149 Attachment G Edmonds Critical Areas Code 23.40. 220 C.4 (Development Proposals within Interrupted Stream or Wetland Buffers) L o Adjacent areas that may be physically separated from a stream or wetland due to existing, legally established structures or paved areas may be exempted from the prescribed buffer M widths if proven scientifically to be functionally isolated from the stream or wetland. The r director will require the applicant to provide a site assessment and functional analysis M documentation report by a qualified critical area consultant that demonstrates the interrupted buffer area is functionally isolated. The director shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the physical separation. The fixed buffer width in the City's alternative SMP provision would override the application of the CAO which allows for adapting necessary protections at the project level. The City's Alternative could be modified to incorporate existing CAO provisions through the following modification to the standards table: 24.40.090 Shoreline Bulk and Dimensional Standards Shoreline development Urban Mixed Use IV All Other Commercial and Light Industrial Development Shore Setback 100/50 125/11018 Recreation Shore Setback 15' 17 Residential Development Shore Setback 4-09�50- 125/11018 Transportation and Parking Uncovered Parking Shore Setback a 00� 125/1101" Covered Parking Shore Setback 4-09�50- 125/11018 All Other Development Shore Setback 4-09�50- 125/11018 Footnote: 18. Setback for new development within the Urban Mixed -Use IV environment is 15 feet from the edge of a vegetative buffer. A 110-foot vegetative buffer is required to be established when an approved master planned development is implemented on the north or south side of the Marsh. An alternative buffer width may be established with approval of a CUP and when consistent with 23.40. 220 CA The 110-buffer may be established in the absence of a master planned redevelopment through a standalone restoration project. Option: Minimum 50-foot buffer/65-foot setback, after confirming through site specific scientific study that a 50-foot buffer is appropriate for the UMU4 The Lighthouse Memo identifies some of the assumptions behind Ecology's assertion that the City Planning Commission recommendation for a 50-foot buffer is appropriate. These assumptions (and others, including assumptions about restraints on requirements to restore during redevelopment) were Ecology Response to City Alternatives to Required Changes Packet Pg. 150 8.1.b Attachment G d identified during the local planning process. The City notes this approach might be acceptable if these .a) L assumptions were tested in scientifically and/or economically supported findings. C z One option to build on this approach is to incorporate such a scientific study into the SMP requirements, M using a 50' buffer as a minimum, with site -specific determination at the project level. This could be accomplished with the following clarifications: 24.40.090 Shoreline Bulk and Dimensional Standards Shoreline development Urban Mixed Use IV All Other Commercial and Light Industrial Development Shore Setback 100/50 125/110 to 65/5018 Recreation Shore Setback 15' 17 Residential Development Shore Setback 10M0- 125/110 to 65/5018 Transportation and Parking Uncovered Parking Shore Setback 125/110 to 65/5018 Covered Parking Shore Setback 100/50 125/110 to 65/5018 All Other Development Shore Setback 100/50 125/110 to 65/5018 Footnote: 18. Setback for new development within the Urban Mixed -Use IV environment is 15 feet from the edge of a vegetative buffer. A vegetative buffer is required to be established when an approved master planned development is implemented on the north or south side of the Marsh based on approval of a CUP and a site -specific assessment. The assessment shall determine the width based on the potential lift in ecological functions through the re-establishment of a vegetated buffer and retrofitting storm water system(s) to meet current State treatment standards. To ensure no net loss of ecological function from site redevelopment, this study shall use the existing conditions as the baseline for assessing the Dotential benefit of restoring the buffer and improving storm water treatment. The buffer width shall not be less than 50 feet. A 110-foot vegetative buffer may be established in the absence of a master planned redevelopment through a standalone restoration project. Ecology Response to City Alternatives to Required Changes 6 Packet Pg. 151 Attachment G Additional changes to clarify the CUP requirement. L The City does not need to amend the Shoreline Development Table because Footnote 1 clarifies that 0 text in the SMP over -rides the table. However, if the City wants to clarify the CUP requirement for alternative buffers, the table could be amended as follows: oM, r 24.40.080 Shoreline Development Table: Shoreline Development Permitted by Area Designation Shoreline development Urban Mixed Use IV Commercial and Light Industrial Development Water -oriented SDP' Nonwater-oriented SDP' Residential Development Detached Residential (Single -Family) X Attached or stacked Residential (Multi -Family) X Transportation and Parking Railroads X Ferry Terminals SDP' Parking —supporting associated water -dependent uses SDP' Parking — not supporting associated water -dependent uses SDP' Other SDP' 1: In the event that there is a conflict between the development(s) identified in this Table 24.40.080 and the policies and/or regulations with the text of this Master Program, the policies and regulations within the text shall apply. 2: Artwork associate with a permitted use in the Aquatic I or Aquatic II designation may by permitted; otherwise it is a prohibited use. 3: A CUP is reauired where the aaDlicant Droaoses an alternative buffer. Ecology Response to City Alternatives to Required Changes 7 Packet Pg. 152 8.1.c EDMONDS CITY COUNCIL EDMONDS CITY HALL • FIRST FLOOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • PHONE: (425) 771-0248 • FAX (425) 771-0254 Inc.1890 October 19, 2016 Maia D. Bellon, Director WA State Department of Ecology Attention: Director's Office PO Box 47600 Olympia, WA 98504-6700 Re: City of Edmonds Shoreline Master Program Comprehensive Update — City Response to Department of Ecology's Conditional Approval Dear Ms. Bellon, The City of Edmonds appreciates the additional time granted by Ecology to fully evaluate and prepare a response to the Department of Ecology's conditional approval of the City's Shoreline Master Program. Since receiving Ecology's conditional approval with eight required changes and one recommended change, the City has spent a significant amount of time evaluating Ecology's required changes including discussing the proposed changes over the course of seven Council meetings and receiving many public comments on Ecology's proposed changes. The required changes from Ecology can be split into two categories, 1) Requires changes 1— 5 related to incorporating the recently updated critical area regulations into the SMP and 2) required changes 6 - 8 related to the Urban Mixed Use IV shoreline environment. Regarding incorporating the critical area regulations into the SMP, the City Council largely agrees with the changes proposed by Ecology with one exception. After the City of Edmonds adopted the updated critical area regulations in May 2016 with Ordinance No. 4026, Ecology released Wetland Guidance for CAO Updates (Publication No. 16-06-001) in June 2016. The wetland regulations in Ordinance No. 4026 and the SMP conditionally approved by Ecology were based on Ecology's Wetland & CAO Updates: Guidance for Small Cities (Publication No. 10-06-002). The City Council has determined to follow the most recent guidance with regards to Best Available Science and the City's development regulations. As a result, Ecology's Wetland Guidance for CAO Updates (Publication No. 16-06-001) is being incorporated into the SMP. Please see Attachment A for the specific alternatives and the rationale for the proposed changes. The Urban Mixed Use IV changes apply to the area surrounding the Edmonds Marsh, which is an important feature (ecologically and socially) of the Edmonds waterfront area. While the City Council accepts the change related to dropping the interim designation for the Urban Mixed Use IV shoreline environment, the City Council does not believe Ecology's proposed setback/buffer in the UMU IV environment are consistent with the Shoreline Management Act, Shoreline Master Program guidelines, or the best available science and wetland guidance in Ecology's Wetland Guidance for CAO Updates (Publication No. 16-06-001). The City Council is proposing an alternative setback/buffer for the UMU IV environment and establishing an alternative threshold for buffer establishment. The City's proposed Incorporated August 11, 1890 Packet Pg. 153 Sister City - Hekinan, Japan 8.1.c EDMONDS CITY COUNCIL EDMONDS CITY HALL • FIRST FLOOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • PHONE: (425) 771-0248 • FAX (425) 771-0254 fnc.18911 alternatives are included in Attachment A with an expanded rationale for the City's proposed alternative included to required changes 7 and 8 in Attachment B. Finally, the City acknowledges Ecology's recommended change to allow residential development with the Urban Mixed Use IV environment but declines to implement this change at this time. Please accept this letter along with Attachment A and B as the City of Edmonds' response as required by RCW 90.58.090(2)(e). The City of Edmonds appreciates the efforts of David Pater, Paul Anderson and Joe Burcar in this update and their attendance at Council meetings as the City has worked through the SMP update process. Sincerely, Kristiana Johnson City of Edmonds Council President Cc: Dave Earling, City of Edmonds Mayor David Pater, Ecology, Shoreline Planner Joe Burcar, Ecology, SEA Section Manager Paul Anderson, Ecology, Wetlands/401 Unit Supervisor Incorporated August 11, 1890 Sister City - Hekinan, Japan Packet Pg. 154 Attachment A: City of Edmonds Responses/Alternative Proposals to the Department of Ecology's Required Changes from the June 27, 2016 Conditional Approval 8.1.c ITEM SIVIP PROVISION Topic Ecology Required change from June 27,2016 Conditional Approval City of Edmonds Response/Alternative Proposal City of Edmonds - Discussion/Rationale Format Changes [underline -additions; strikethrough-deletions] 1. 24.40.020 Critical Critical Areas B. The City of Edmonds Critical Area Ordinance, as codified in The City of Edmonds accepts this required change. Areas Ordinance Chapters 23.40 through 23.90 ECDC (dated Neyember 2-3 Referencing 2004 Ord ) (May 3, 2016, Ord 4026). are herein adopted as a part of this Program, except for the specific subsections list below in ECDC 24.40.020.D. All references to the City of Edmonds Critical Area Ordinance in this Program are for this specific version. As a result of this incorporation of the Edmonds Critical Area Ordinance, the provisions of Chapters 23.40 through 23.90 ECDC, less the exceptions listed in ECDC 24.40.020.D, shall apply to any use, alteration or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. In addition to the critical area regulations in Chapters 23.40 through 23.90 ECDC (Appendix B) of this Master Program), the regulations identified in this section also apply to critical areas within shoreline jurisdiction. Where there are conflicts between the City of Edmonds Critical Area Ordinance and this Shoreline Master Program, provisions of the Shoreline Master Program shall prevail. 2. Appendix B SMP Critical Replace Appendix B containing the critical area regulations The City of Edmonds accepts this required change with As a result of incorporating the Department of Area dated November 23, 2014, Ordinance 3527 with critical area the modified exceptions list in item 4 below. Ecology's Wetland Guidance for CAO Updates Regulations regulations (minus exceptions noted in item 4 below) dated (Publication No. 16-06-001) into the SMP, the CAO May 3, 2016, Ordinance 4026. exceptions in 24.40.020 were reviewed. The critical area regulations in Appendix B will not include the provisions identified in item 4 below. 3. 24.40.020 Critical CAO 4 Wetlands: a. ECDC 23.50 n��.3. ARY shoreline The City of Edmonds accepts this required change with The City accepts this change in that no critical area project Areas provisions neiRg heYGRd 25 buffer red In+inn through that minor modifications and indicated below: provisions will require a shoreline variance. proposes a triggered by the mfo!R GGr'n'r 24.40.02O.E.3 would deSGn1h Ghenisms ed a shoreline require 'a variaRGe. Noyai ia. for of the Gri+iGa;Area OrdinanGe G. The Ecology's required change did not include the shherelino - is . equired SpeGifiG PrOVOSOORS variance wetland buffer redUGtieR GORsisterlt with ECDC 24.40.020.E.3. listed below may only be imnlomon+o`J within chnrolino introductory sentence noting these provisions urisdiGtion through the shoreline „arianGe required a shoreline variance. That sentence is PrGGe&S­L, h ECDC 23 80 n7n n h Q_ n 2: Buffer redUGtton 'I Wetlands shown as being deleted. and aI+eurcer"+� aZm Geologically Hazardous provisions were not shown 3 Fish Ernr Wildlife Habitat Conservation Areas EGDG 23 50 non F 3 /any shoreline nroien++h �+ in Ecology's required change. However, allowed and a a �rr����z 23 90 non n ` : Re di lGed buffer widths onion beyOR J 25% buffer red ire+inn through activities in geologically hazardous areas (ECDC Prnnncoc a the rneGhallis„,s deSGribed!R ECDC-24.^�020.E.3 ^tea bECDC 23.90.040.D.4: Additions to 23.80.040.B.1 & 2 were moved to the exceptions lir, for Tonic re No variall e r red list in item 4 below. The double -line strike -through szrFGtUesrex+st'R-g within hi asn� a�� . s+roam iffors wetlaR d h, ,ffer red In+iens nerisis+on+ with C('n(' 24. ^�020�3: �rnr Qn non Q -I Q �• A11Q1A,,,,1 e,.+i„i+i„r ir, indicates the move. ie�d h EGDG 23 Qn n7n 'I h A. 7: Buffer red UG l+ oora inns crvna Page 1 of 13 Packet Pg. 155 8.1.c ITEM SMP -• • •• • •• Required •- • 1 •Conditional' •• • .Edmonds•. Proposal .Edmonds• Format Changes [underline -additions; strokethreugh-deletions] 3. Fish aR d Wildlife Habitat Gonoen ation Areas �� 90 nnn.n.2: QedUGed1 bufferwidths b. EGDG 23 90.04n n 4: ^dditienstO S#U^+�''res�;?+gig within stream buffers 4. 24.40.020 Critical CAO D. Exceptions. The specific provisions of the Critical Area The City of Edmonds offers the exceptions list below as an As a result of incorporating the Department of Areas Exceptions Ordinance listed below shall not apply to development within alternative: Ecology's Wetland Guidance for CAO Updates shoreline jurisdiction. (Publication No. 16-06-001) into the SMP, the CAO D. Exceptions. The specific provisions of the Critical exceptions in 24.40.020 were reviewed. 1. General Provisions: � Drn�iicinnc of nh�pfor �z nn Crnr relating +n�r�en�c Area Ordinance listed below shall not apply to development within shoreline jurisdiction. General Provisions: Two of the items in the general provisions exemption list were left out of 1. General Provisions: Ecology's required change item 4 (ECDC eGenerniG use of do not apply to with a Provisions Of ^hapt��,� ECDC 23.40.130.D Monitoring Program and ECDC property property i„risdiG�n• specifically C 23.40.220.C.8). `shherolino 23.40.210(2). N TT�`pp" i�� n; ECDC ECDC 23.40.130.D requires a monitoring program property with shoreline j speGifiGally �n non and ECDC 232.. of not less than five years. SMP contains a c. ECDC 23.40.210: Variance a. ECDC 23.40.130.D: Monitoring Program monitoring provision that requires monitoring for a period of not less than ten years. Given the SMP e. ECDC 23.4&230 €xis b. ECDC 23.40.210: Variance contains a separate monitoring program, ECDC G. ECDC; 23 , 27n� Tinnr cite In„e^+igati„ 23.40.130.D will be excepted from the CAO in �rnr ��.4o�S: 2. Geologically Hazardous Areas: Appendix B of the SMP. a. ECDC 23.80.040.B.1 & 2: Allowed activities in geologically e €�ce�, 2. Wetlands: a. ECDC 23.50.010.B: Wetland Ratings b. ECDC 23.50.040.F.1: Standard Buffer Widths ECDC 23.40.220.C.8 (which is ECDC 23.40.220.C.9 in the updated CAO) contains provisions very similar to WAC 173-27-040(m). WAC 173-27-040(m) exempts minor site investigative work from shoreline substantial hazardous areas `n� 2. Wetlands: ECDC 23.50.010.B: Wetland Ratings a. h ECDC 23.5 non C 9 : Standard Buffer Widths c. ECDC 23.50.040.F.2: Required Measures to Minimize development permit requirements. ECDC 23.40.220.C.9 allows minor site investigative work Impacts to Wetlands ^^�rnr�� 50non n: �n�onBuffer Width d. ECDC 23.50.040.K: Small, Hydrologically Isolated without the requirement for a critical area report. Given the intent of the two provisions to allow minor site investigation in preparation for a land use or g p p "^y"' ,� �r,nr, ��z Fn non � Q h� ��^ci.,e [?�r� Wetlands G. ECDC 23 5n non n: WetlaR per Widthder shoreline permit, and the similar language in each gillg �rC23�g;04n e + rla r�� �n nn n � Q h: o�^��TeC�eati�,� provision, the City of Edmonds is proposing to remove ECDC 23.40.220.C.9 from the exception f ECDC 23 50 050 F: Mitigation Ra ����� ��,-�at+es, e.€f'�1f' 23 50-04n.I:�Tpt�;ens list. ECDC 3 50 050 G: �ni���E�Eeep+ f ECDC 23 50 050 F: Mi+�+i �� With the incorporation of the Department of g ga o ECDC 23 50 050 ram: Wetlands Ecology's Wetland Guidance for CAO Updates Mitigation "���` as (Publication No. 16-06-001) into the SMP, certain provisions of the wetlands section in the CAO 3. Geologically Hazardous Areas: needed to be excepted from the SMP where there a. ECDC 23.80.040.B.1 & 2: Allowed activities in was conflicts with Ecology's Wetland Guidance for CAO Updates. geologically hazardous areas Geologically Hazard Areas shown as a double underline to indicate the move from item 3 above. 5. 24.40.020 Critical Wetlands Delete 24.40.020.F(1) — (4). The City of Edmonds offers the wetland section attached After the City of Edmonds adopted the updated Areas Deletions are not shown in strike -through here to save space. to the end of this table as an alternative to Ecology's critical area regulations in May 2016 with required change number 5. Ordinance No. 4026, Ecology released Wetland E M 0 a a Q 0 r =a c 0 U M 0 0 0 w 0 a� 0 a N 0 N ai a� 0 O c 0 w 0 r a a Page 2 of 13 Packet Pg. 156 8.1.c ITEM SMP -• • •• • •• Required •- • 1 •Conditional' •• • .Edmonds•. Proposal .Edmonds• Format Changes [underline -additions; strokethreugh-deletions] Guidance for CAO Updates (Publication No. 16-06- 001) in June 2016. The wetland regulations in Ordinance No. 4026 and the SMP conditionally approved by Ecology were based on Ecology's Wetland & CAO Updates: Guidance for Small Cities (Publication No. 10-06-002). The City of Edmonds desires to follow the most recent guidance with regards to Best Available Science and the City's development regulations. As a result, the City is choosing to incorporate Ecology's Wetland Guidance for CAO Updates (Publication No. 16-06- 001) into the SMP. Incorporating the updated wetland guidance into the SMP primarily involves replacing the wetland categorizations and buffer requirements in the SMP. Apart from incorporating the wetland categorizations and buffer requirements into the SMP, the City of Edmonds accepts the deletions of the remaining sections as proposed in Ecology's required change. Ecology's required changed was to delete 24.40.020.F.1 — F.4; however, there is no 24.40.020.F.3 — FA in the SMP. The wetland section in the SMP is contained within 24.40.020.F.1 — F.2. 6. Part III Shoreline B. Urban Mixed -Use IV: The Urban Mixed -Use IV designation is The City of Edmonds accepts this required change. Environments Designation being established on interim shoreline designation, is as 24.30.070 Criteria appropriate for those areas bordering T the Edmonds Marsh. Urban Mixed Use 5. Urban bei-ag The marsh was identified as a shoreline of the state is Mixed Use IV new to this SHAD of identified as a update and was „�� o .,-ter— �� shoreline the state late in the planning process.. , W-with properties within 200-feet of the salt influenced portions of the marsh now under shoreline jurisdiction (where they had not previously been so designated). SneGifig review of the effents of establishing a shoreline environment on evicting and nr� aroi ind the marsh must he oposed uses studied. The south side of the marsh has been identified as the future site of the Edmonds Crossing Ferry Terminal which underwent significant environment review with a Final Environmental Impact Statement issued in 2004. On the north side of the Marsh is the Harbor Square commercial development owned by the Port of Edmonds. The Sono update nror�ess was delayed to the Pert of Edmonds tome to a long allow submit Harbor Square Master Plall fE)r review by plaRRed GGRGUFFellt E M 0 a a Q 0 r r_ 0 U rn 0 0 0 w 0 aD W 1= 0 a N r O N r a� 0 0 0 w 4- 0 r i M x w c E r a Page 3 of 13 Packet Pg. 157 �1_ ITEM SMP PROVISION Topic• •• Required change from1 • Conditional Approval • Format Changes [underline -additions; strokethreugh-deletions] Oho City of Eidmonrdc The Port's proposer) Harbor Square the of Edmonds•. Proposal of EdmondsDiscussion/Rationale Master Plan was net by the Gity. ultimately adopted The Edmonds Marsh is also being studied for potential restoration projects including the daylighting of the Willow Creek outlet as well as the marshes role in the flooding problem at the Dayton Street/State Route 104 intersection and the role the marsh and play in a solution to the flooding problem. Establishing the Urban Mixed Use IV designation as on interim designation will allow the City, in Geeperation With e pprep WRerse €GGlegy, e sgient!Sts e interested the ihIig' to membeFs ageRGies/�. fo gqRzatiORS,, and of pi illy review efforts of establishing a new shoreline Garef ii irisdintion for the area around the march on evicting and planned development as well as the eneleginal role the Edmonds Marsh plays in the City of Edmonds The City crmvrrcrsTVTurs��ru�.r� �arrrvrra�� c-vrrp intends to the ending the Edmonds Marsh study issues surrounding and related I Irhan Mixed _I Use IV designation for two dears date of this QUAD At the end of the sfi irhi from rthe effe6tuye , the City will appropriate sheF I�ceR�iir� ran perieD adept 8Rt designation(c) for the area si irroi ending the Edmonds Marsh ingli irding evaluating whether a new designation is needed and I.A.xhethei: the have the designation. eRtire area should same 7. Part IV General Policies and Regulations 24.40.090 Shoreline Bulk and Dimensional Standards Development Standards Table Urban Mixed Use IV Shore Setback Shoreline Area Designation The City of Edmonds offers the following as an alternative for the setback/buffer requirement in the Urban Mixed Use IV shoreline environment: See Attachment B for the rationale behinds the City's alternative setback/buffer for the UMU IV shoreline environment. For every instance in Shoreline Bulk and Dimensional Standards table contained in 24.90.090 where the Urban Mixed Use IV shoreline indicates a shore setback of 100/50, that will be changed to 125/110. This means there will be a requirement for a 110 foot vegetative buffer with an additional 15 foot structural setback for a total of a 125-foot shore setback measured from the edge of the marsh. Urban Mixed Use IV Shoreline Area Designation Commercial and Light Industrial Development Urban Mixed Use IV Shore Setback 100/50 65/50 Shore Setback 100/50 125/110 8. Part IV General Policies and Regulations 24.40.090 Shoreline Bulk and Dimensional Standards Development Standards Table Footnotes 18. Setback for new buildings and expansion of buildings yew develepment within the Urban Mixed -Use IV environment is 4-S0 65 feet. Redevelopment of greater than 50% for the Harbor Square property within shoreline jurisdiction and The City of Edmonds offers the following as an alternative footnote 18: 18. Setback for new development within the Urban Mixed- Use IV environment is 4-00 125 feet. A 110-foot vegetative buffer is required to be established when an approved The Harbor Square site on the north side of the marsh has been developed in accordance with a contract rezone. The existing development cannot be expanded as the limitations of the contract rezone have been met. The Harbor Square site has a comprehensive plan designation of Downtown Master Plan. In order for the Harbor Square site to be redeveloped, the redevelopment will have to be approved through a master planning process. When an approved master plan is implemented, the 110-buffer will be required to be established. development of the site on the south border of the marsh within shoreline jurisdiction require the establishment of a 50- foot vegetation buffer adjacent to the Edmonds Marsh where the vegetative buffer is absent, in combination with a 15 foot structural setback . master planned development is implemented on the north or south side of the marsh. The 110-buffer may be established in the absence of a master planned redevelopment through a standalone restoration project. New development agtiVities within the Urban Mixed _I Use IV en\/Irenment require the establishment of a 50 feet vegetation buffer adiagent to the Edmonds Marsh -eihere E Ab M x w c E r a Page 4 of 13 Packet Pg. 158 �1_ ITEM SIVIP PROVISION Topic• •• Required change from1 • Conditional Approval • Format Changes [underline -additions; strokethreugh-deletions] of Edmonds•. Proposal the vegetative buffer is abseRt of EdmondsDiscussion/Rationale Likewise, the property on the south side of the marsh has a comprehensive plan designation of Master Plan Development and a zoning designation of Master Plan 2. Development on the south side of the marsh will also occur through a master plan process. When an approved master plan implemented on the south side of the marsh, the 110-foot buffer will be required to be established. While buffer establishment is required with an implemented master plan, the 110-foot may be established prior to the implementation of master planned development through a voluntary buffer restoration effort. E A r a Page 5 of 13 Packet Pg. 159 8.1.c City of Edmonds Proposed Alternative to Required Change No. 5 for Wetland Regulations within the SMP. 24.40.020 Critical Areas F. Wetlands. Wetlands are those areas, designated in accordance with WAC 173-22-035 that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. Wetlands shall be rated aeeefding to the Washington State wedand rating system for- eo tains the definitions and methods for- detefmining the er-iter-ia and parameters defining the following wedand rating aleg , Wetlands shall be rated accordingto o the Washington Department of Ecology wetland rating system, as set forth in the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised and approved by Ecology), which contains the definitions and methods for determining whether the criteria below are met.: a. Category L Category €*hand r-elatively undis€destuarine wetlands lafger- than 1 aer-e; 2) wetlands that afe identified by seientists ef the Washingto Natural Her-itage Pr-ogr-am�DNR as high "ality wetlands; 3) begs; 4) mattir-e and old gf!ovvth forested wetlands larger- than 1 acre; 5) wetlands in coastal lagoons; or 6) wetlands that per-f many ftmetions well (see,.;n 70 p r sor- re) Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than 1 acre; (2) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (3) bogs, (4) mature and old- rg owth forested wetlands larger than 1 acre; (5) wetlands in coastal lagoons; _ (6) interdunal wetlands that score 8 or 9 habitat points and are larger than 1 acre; and (7) wetlands that perform many functions well (scoring 23 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are more sensitive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or (4) provide a high level of functions. b. Category II. distff-bed estuarine wetlands larger- than I aer-e; 2) inter-dunal wetlands 1 aeFes; 3) disturbed coastal lagoons or 4) wetlands with a moderately high Lve-I A Page 6 of 13 Packet Pg. 160 8.1.c Category II wetlands are: Clestuarine E wetlands smaller than 1 acre, or disturbed estuarine wetlands larger than 1 acre; (2) a, interdunal wetlands larger than 1 acre or those found in a mosaic of wetlands; or (3) ° wetlands with a moderately high level of functions (scoring between 20 and 22 a points). 0 2 c. Category III. Category M wetland wetlands with a moderate evel Of a) fianetions between 30 50 2) inter-dunal between 0. 1 (scoring and points); or- wetlands L and 1 aero i size Category III wetlands are: (1) wetlands with a moderate level of functions (scoring between 16 and 19 points); (2) can often be adequatelyplaced with a well -planned mitigation project; and 3) interdunal wetlands between 0.1 and 1 M acre. Wetlands scoring between 16 and 19 points generally have been disturbed in v some ways and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. o a 0. d_Category IV. Category W wetlands have the lev,est levels of ftiet rs (s,. Q fewer- than 30 points) andare often heavily disturbedCategory IV wetlands have the c lowest levels of functions (scoring fewer than 16 points) and are often heavily disturbed. These are wetlands that we should be able to replace, or in some cases to c improve. However, experience has shown that replacement cannot be guaranteed in U any specific case. These wetlands may provide some important functions, and should �% be protected to some degree. o 0 U d-.e.Illegal modifications. Wetland rating categories shall not change due to illegal c modifications made by the applicant or with the applicant's knowledge. N C 2. Development in designated wetlands within shoreline jurisdiction shall be regulated in a accordance with the following: a. Buffer Requirements. The following buffer widths have been established in N accordance with the best available science. They are based on the category of wetland and the habitat score as determined byqualified wetland professional using the Washington State Wetland Rating System for Western Washington: 2014 Update o (Ecology Publication #14-06-029, or as revised and approved bogy). The adjacent land use intensity is assumed to be high. i. For wetlands that score 5 points or more for habitat function, the buffers in E 24.40.020.F.2.b can be used if both of the following criteria are met: w 0 • A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the v Washington State Department of Fish and Wildlife. The corridor must be protected for the entire distance between the wetland and w the Priority Habitat by some type of legal protection such as a conservation easement. 0 a Page 7 of 13 Packet Pg. 161 8.1.c Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, 24.40.020.F.2.b may be used with the required measures in 24.40.020.F.2.c alone.2 • The measures in 24.40.020.F.2.c are implemented, where applicable, to minimize the impacts of the adjacent land uses. ii. For wetlands that score 3-4 habitat points, only the measures in 24.40.020.F.2.c are required for the use of 24.40.020.F.2.b iii. If an applicant chooses not to apply the mitigation measures in 24.40.020.F.2.c, or is unable to provide a protected corridor where available, then 24.40.020.F.2.d must be used. iv. The buffer widths in 24.40.020.F.2.b and 24.40.020.F.2.d assume that the buffer is vegetated with a native plant community ppropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. b. Wetland Buffer Requirements if the measures in 24.40.020.F.2.c are Implemented and Corridor Provided. Buffer width (in feet) based on habitat score Wetland Cate2ory 3-4 5 6-7 8-9 Category 1: 75 105 165 225 Based on total score Category Bogs and wetlands of 190 225 High Conservation Value Category 1: Coastal Lagoons 150 165 225 Category 1: Interdunal 225 Category 1: 75 105 165 225 Forested Category 1: 150 Estuarine (buffer width not based on habitat score) Category II: Based on score 75 105 165 225 Page 8 of 13 E L tm 0 a L d N m as c LO m A to M CD O L a Q. Q 0 a O a O U N tm O 0 u w O a� N a O a Ch CD 0 N r as O u O w m c O E m w 0 Al a Packet Pg. 162 8.1.c Category II. Interdunal wetlands 110 165 225 Category II: Estuarine 110 buffer width not based on habitat score) Category III (all) 60 105 165 225 Category IV (all) 40 will "llp-Ift will "llp-Ift ..fKsrear!se���ssss�rr��rs�fr�as��szs�ee�:�!se�r��ssss�r:r�. _ Page 9 of 13 Packet Pg. 163 8.1.c .. c. Required measures to minimize impacts to wetlands. Measures are required, ,=cif applicable to a specific proposal. Disturbance Required measures to Minimize Impacts Lights • Direct lights away from wetland Noise • Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10' heavily vegetated buffer strip immediately adjacent to the out wetland buffer Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management Stormwater runoff • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use Low Impact Development techniques (per PSAT publication on LID techniques) Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance • Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement Dust • Use best management practices to control dust Disruption of eoffidor-s e 0 Maintain to that eonneetions ofAite areas are- undistur-bed rem Page 10 of 13 Packet Pg. 164 8.1.c d. Wetland Buffer Requirements if the measures in 24.40.020.F.2.c are NOT Implemented or Corridor NOT Provided. Buffer width (in feet) based on habitat score Wetland CateEory 3-4 5 6-7 8-9 Category 1: Based on total score 100 140 220 300 Catelgory Bois and wetlands of 250 300 Hiizh Conservation Value Category 1: Coastal Lam 200 220 300 Category 1: Interdunal 300 Category 1: Forested 100 140 F220 300 Category 1: Estuarine 200 (buffer width not based on habitat scores) Category II. Based on score 100 140 220 300 Category II: Interdunal wetlands 150 220 300 Category II: Estuarine 150 (buffer width not based on habitat scores) Category III (all) 80 140 220 300 Category IV (all) 50 Page 11 of 13 Packet Pg. 165 8.1.c E olnvmo,�4 n n l;vnn4nv o buffer 141, vo l„ 4; .r.n (.v nl L ev f wetland -width appr-ov lm O buff-er- widths for- wetlands whefe existing buff-ef eonditio L a „ffov widths) may be granted n mitant to the deyeln.v.men d itio, of n ..o41n,,a buff- r enhancement plan for Category H! and Al N O illy. Approval of n wetland buffer- enhaneemen4 plan shall, at ie � dir-eetei, „flow for- buff-erwtth to less than 25he c ,rthe wetland fedtietion no 0- standard width; provided, 0 t vin„ ;thevlomov4n4;nv 4n n4 lonn4 40 to„ol bybyIn n L,,,f4o, to1, provided standard M O inal T 7 v.4n densities for- . o in buffer- > existing native plant andprovides O L :isities to less than thfee feet f6f feet 0. no on eenter- shmbs and eight e Q. Q f m C O ++ 20E4.n,,l `a O U N ases in wetland b ff ,- ft rieti .r ing as relate to. � O O t� W O r d - ,;l.11;f habitat f � O O_ a of wetland and N f N O etla .1 intf sio n,-,nl ,1;n4,,,43anee r ' O N Widt Aver-aging. The director- allow modif;eation saandaia r i er- may of a L 4, . aeeofdanee with an apprmoved efit nn1 n 0 0 n n.v4andthe bee by basis by buffef Only those O Oft - ease ease a-,�efaging widths. v f-erm the v n o „bjeet v of shall be wetlandb existing wit1, eet or ilified v n.f nn;n.,,nl wetland o n M ist n.,,n4 dem fes 44b,n4• c0c C funetion eduee the and value of wetlands of assoeia4ed f � O ,l . „4n;„n , n4ions ; dtie to .,l,afuetefisties the sensitivity buff-ef in existing physieal the ci ketef of vafies slope, soils, of vegetation, and wetlan 4t f n.m n ,iderm b,,,fferm ; v.laees by n,l ; b,,, ++ and would not ermsely ete ,f- r ; other places; t k W eee�rsrsrss�eas�.ressasesr�:sess�sr�:esssasseassss�srsrss�:esesrs - Q Page 12 of 13 Packet Pg. 166 8.1.c i� ii. Wi' amaze stfuet ,.emu iii.Fishing aeeess areas down to the watef's edge that shall be no larger- than six few i,e. Additions to structures existing within wetlands and/or wetland buffers may be permitted pursuant to ECDC 23.50.040.I4I. Additions to structures within wetlands will also require state and federal approval. Page 13 of 13 Packet Pg. 167 8.1.c Date: October 14, 2016 To: Washington State Department of Ecology Copy: Edmonds City Council Dave Earling, Mayor Shane Hope, Development Services Director Kernen Lien, Senior Planner From: Jeff Taraday, City Attorney Re: Findings of Fact, Conclusions of Law, and Analysis regarding City of Edmonds' proposed alternatives to Ecology's Required Changes 7 and 8 and consistency of those alternatives with the Shoreline Management Act and the Department of Ecology's adopted guidelines I. Purpose of this memo This memo demonstrates how the City of Edmonds' proposed alternatives to Required Changes 7 and 8 are consistent with the Shoreline Management Act and the Department of Ecology's adopted guidance for Shoreline Master Programs. The City's proposed alternatives are necessary because the Department of Ecology's Required Changes 7 and 8 would not satisfy the SMA's no net loss standard or the City's restoration goals for the Edmonds marsh. If the rationale set forth below is adopted by the Edmonds City Council, this memo should be included as Attachment B to Council President Johnson's letter to Department of Ecology, Director, Maia Bellon. As an alternative to Required Change 7, the City of Edmonds is proposing a 110-foot buffer and a 125-foot setback for the Urban Mixed Use IV (UMU4) environment. This will be referred to as Alternative Change 7. As an alternative to Required Change 8, the City of Edmonds is proposing that the 110-foot buffer be planted and established in conjunction with a master planned development or redevelopment of the two properties within N1100 Dexter Ave N Suite 100 Seattle WA 98109 P 206.273.7440 F 206.273.7401 www.lighthouselawgroup.com Packet Pg. 168 8.1.c the UMU4 environment. This will be referred to as Alternative Change 8. Because the two properties in the UMU4 are separately owned, it is possible that they would plant or otherwise establish their respective buffers at different times. Until that occurs, any existing uses within the adopted buffer would be allowed to continue as nonconforming uses. While most of the analysis below relates to Alternative Change 7, it should be kept in mind that Alternative Change 8 is the timing mechanism for Alternative Change 7. II. Findings of Fact demonstrating the consistency of Alternative Changes 7 and 8 with the Shoreline Management Act and the Department of Ecology's adopted guidance The following findings of fact support the adoption of Alternative Changes 7 and 8. Packet Pg. 169 8.1.c A. The Edmonds marsh is a shoreline of the state. B. The Edmonds marsh is a Category II estuarine wetland and salt marsh. C. The UMU4 environment consists of two properties that abut the Edmonds marsh. The property to the south of the marsh is largely undeveloped. The property to the north of the marsh is developed as a business park known as Harbor Square. D. Harbor Square is owned by the Port of Edmonds. The Port had expressed interest in eventually redeveloping Harbor Square into a more intense development. The Port had sought a comprehensive plan amendment to approve the Port's master plan for Harbor Square, but later withdrew that request. There is currently no known timeline for the redevelopment of Harbor Square. E. Neither the City or the Department of Ecology have conducted detailed wildlife habitat assessments or wildlife surveys that would provide additional site -specific information about which species are present in the Edmonds marsh and what the buffer those species would need to be protected from redevelopment. F. In the absence of such detailed site -specific studies, it is appropriate to rely upon Ecology's guidance documents to establish buffer widths at the planning stage. G. The Department of Ecology has published various scientific and technical guidance documents that are intended to be used by cities in the development of critical area regulations and shoreline master programs. The city council reviewed relevant excerpts from these documents before voting to propose Alternative Change 7. Various relevant excerpts from these Department of Ecology publications are excerpted below. Packet Pg. 170 8.1.c 1. Wetland Guidance for CAO Updates, Western Washington Version, June 2016, Publication No. 16-06-001, Department of Ecology This document distinguishes Category II estuarine wetlands from Category II interdunal wetlands and other Category II wetlands, where buffer width is based on habitat score. Unlike the other kinds, the buffer for Category II estuarine wetlands does not depend on habitat score. Assuming that certain impact minimization measures are required, the buffer would be 110 feet. The measures include things like ensuring that light, noise, and toxic runoff are directed away from the wetland. If these measures are not implemented, then the buffer would be 150 feet. 2. Wetlands & CAO Updates: Guidance for Small Cities, Western Washington Version, January 2010, (1st Revision July 2011), (2nd Revision October 2012), Publication No. 10-06-002, Department of Ecology This document recommended standard buffer widths of 75 feet for Category II wetlands, with the possibility of additional buffer width being added based on a habitat score. The buffer table in this document does not have a line for Category II estuarine wetlands. The 75-foot buffer figure is for all Category II wetlands, except for interdunal wetlands. The buffers in the city's adopted CAO were based on the guidance from this document. After the CAO was adopted, this document was replaced in June 2016 by the Wetland Guidance for CAO Updates, Western Washington Version. 3. Wetlands in Washington State, Volume 1, A Synthesis of the Science, March 2005, Publication No. 05-06-006, Department of Ecology This document contains the following passage discussing the importance of estuarine wetlands: Estuaries, the areas where freshwater and salt water mix, are among the most highly productive and complex Packet Pg. 171 8.1.c ecosystems. Here, tremendous quantities of sediments, nutrients, and organic matter are exchanged between terrestrial, freshwater, and marine communities. A large number of plants and animals benefit from estuarine wetlands. Fish, shellfish, birds, and plants are the most visible organisms that live in estuarine wetlands. However, a huge variety of other life forms also live in an estuarine wetland, including many kinds of diatoms, algae and invertebrates. Estuaries, of which estuarine wetlands are a part, are a "priority habitat" as defined by the state Department of Fish and Wildlife. Estuaries have a high fish and wildlife density and species richness, important breeding habitat, important fish and wildlife seasonal ranges and movement corridors, limited availability, and high vulnerability to alteration of their habitat .... 4. Wetlands in Washington State, Volume 2, Guidance for Protecting and Managing Wetlands, April 2005, Publication No. 05-06-008, Department of Ecology This document contains the following sections: A frequent concern about buffers is their applicability to urban and urbanizing areas. The concerns generally fall into two categories: 1) the science on buffers comes largely from agricultural and forestry settings and is perceived to be irrelevant to urban areas; and 2) the need to maximize density of development in urban areas is in direct conflict with the protection of large upland areas around wetlands (and streams). The concern over the relevancy of the literature on buffers to urban areas is largely unfounded. While most of the studies of buffer effectiveness occur in non -urban settings, the principles are the same. Buffers do not function any differently in urban settings than in rural settings. The same processes of sediment, nutrient, and toxics removal operate similarly in urban areas as they do in rural settings. However, a good stormwater Packet Pg. 172 8.1.c management program can reduce the need for buffers to perform filtration functions, with the exception of lawns and landscaped areas which drain into wetlands rather than into stormwater collection areas. The role of buffers in providing needed upland habitat for wetland species and in screening adjacent noise and light is also performed similarly. In fact, a case can be made that buffers in urban areas are even more important from a habitat standpoint because there is little other upland habitat available. The factors that may be different in urban areas are that urban wetlands may perform some functions at a lower level because of degradation, and the range of wildlife species utilizing urban wetlands may be smaller. However, remaining wetlands (and adjacent upland areas) in urban areas may, in fact, function as habitat islands and be critical to many species. Generally, the protection of wildlife habitat functions of wetlands requires larger buffers than protection of water quality functions, particularly when state-of-the-art stormwater management is employed. However, the best way to address the issue of buffers in urban areas is to conduct a landscape analysis and develop a subarea plan that identifies, prioritizes, and protects the most important wetland, riparian, and upland habitats (see Chapters 5 through 7 of this volume for additional discussion). Maintaining and restoring connections between wetland, riparian, and upland habitats is key to protecting wildlife. A landscape analysis can help identify existing connections that should be protected as well as areas where connectivity can be restored. Combined with standards for low impact development and state-of-the- art stormwater management, this kind of approach could result in smaller buffers around the other critical areas that are not providing vital habitat. The studies Packet Pg. 173 8.1.c should always be confirmed on the ground during project review. The issue of balancing wetland protection with competing mandates in the GMA is a legitimate one that can be addressed in a number of ways. A buildable lands survey with a good wetlands inventory can provide important information on the actual conflicts that may exist (rather than a perceived conflict). Provisions to allow density trading from buffers to adjacent or nearby developable lands can help. Chapter 8, Section 8.3.8.8. Where a legally established, non -conforming use of the buffer exists (e.g., a road or structure that lies within the width of buffer recommended for that wetland), proposed actions in the buffer may be permitted as long as they do not increase the degree of non -conformity. This means no increase in the impacts to the wetland from activities in the buffer. For example, if a land use with high impacts (e.g., building an urban road) is being proposed next to a Category II wetland with a moderate level of function for habitat, a 150-foot buffer would be needed to protect functions (see Table 8C-6). If, however, an existing urban road is already present and only 50 feet from the edge of the Category II wetland, the additional 100 feet of buffer may not be needed if the road is being widened. A vegetated buffer on the other side of the road would not help buffer the existing impacts to the wetland from the road. If the existing road is resurfaced or widened (e.g., to add a sidewalk) along the upland edge, without any further roadside development that would increase the degree of non -conformity, the additional buffer is not necessary. The associated increase in impervious surface from widening a road, however, may necessitate mitigation for impacts from stormwater. Packet Pg. 174 8.1.c If, however, the proposal is to build a new development (e.g., shopping center) along the upland side of the road, the impacts to the wetland and its functions may increase. This would increase the degree of non- conformity. The project proponent would need to provide the additional 100 feet of buffer extending beyond the road or apply buffer averaging (see Section 8C.2.6). Appendix 8-C, Section 8C.2.4.2. 5. SMP Handbook, Chapter 11, Vegetation Conservation, Buffers, and Setbacks, Publication Number 11-06-010, Department of Ecology The following excerpts from this document should also be helpful: Some local governments with intensely developed shorelines have established only setbacks from the OHWM. Vegetation conservation is required, and planting new vegetation, replacing noxious weeds and invasive plants with native plants, and other habitat improvements are required for new or expanded development. These measures meet the requirements of the SMP Guidelines to protect ecological functions, as buffers do. SMP Handbook, 11-11, p. 3-4. New scientific studies conducted after the CAO was adopted may establish the need for different -sized buffers than included in the CAO. The SMP Guidelines require "the most current, accurate and complete scientific and technical information available" to be used for development of SMPs [WAC 173-26- 201(2)(a)]. SMP Handbook, 11-11, p. 4. When SMPs were first adopted in the 1970s, setbacks were established largely to protect structures from Packet Pg. 175 8.1.c erosion and effects of wind and water and to prevent new houses from blocking views. Some consideration was given to habitat, as in Conservancy environments with bigger setbacks than in Urban environments. We now know more about the value of buffers in regard to ecological functions. Recent scientific studies show that 25-foot setbacks do not protect most ecological functions and will not meet the no net loss standard of the SMP Guidelines. SMP Handbook, 11-11, p. 7. How do you apply these buffer widths from the scientific literature to your local shorelines? Much of Washington's shorelines are developed, unlike the undeveloped shorelines discussed in much of the scientific literature. Those land uses include industry, commercial uses, houses, multi -family dwellings, parks, trails, marinas, bulkheads, parking lots, and fishing piers, among others. Some upland areas are intensely developed, and others are more sparsely developed. Some of our waters are heavily used for ports, industry, marinas and recreational piers. Many Washington lakes are intensely developed with houses on the upland and piers and docks in the water, while others remain undeveloped. Tailor buffers to local conditions Determining buffers and setbacks is a challenge. The buffers and setbacks for marine and freshwater shorelines should be tailored to local conditions including existing shoreline functions and existing and planned land use and public access. Buffers and setbacks likely will vary within a local government's boundaries to reflect different shoreline conditions and functions. The inventory and characterization report should provide a complete analysis of shoreline functions. Packet Pg. 176 8.1.c SMP Handbook, 11-11, p. 19. With this general guidance in mind, considerations for determining buffer and setback width include: What shoreline ecological functions continue to exist and need protection or restoration? What species of wildlife live along the shoreline, and what buffer width will protect them? Would smaller buffers increase nitrogen and phosphorous levels in local waters? How would removal of riparian vegetation affect slope stability and hydrology? Will future growth include new or expanded water - oriented uses? For developed shorelines, is redevelopment likely? Is development projected on vacant parcels? SMP Handbook, 11-11, p. 20. 6. SMP Handbook, Chapter 14, Legally Existing Uses and Development, Publication No. 11-06-010, Department of Ecology The following excerpts from this chapter should be helpful: Existing legally established structures and uses are typically allowed to continue with the approval of updated SMPs. That means they can continue to exist, be used, maintained and repaired. That's the case even if the updated SMPs include regulations that would not allow new uses or development to be configured or built exactly as existing ones. For example, under updated SMPs, new buildings may need to be further away from the water, new development projects may need to retain some vegetation onsite, or new aquaculture projects may need to be a specific distance from aquatic vegetation. However, existing legal development and uses can remain in place. Packet Pg. 177 8.1.c Ecology and local governments do not expect most existing development and uses to be eliminated from the shoreline after new SMP regulations are adopted. In some cases, existing buildings may be expanded, although there may be limits to the size of the addition, the total square footage, or new impervious surfaces.... SMP Handbook, Chapter 14, pp. 1-2. Cities with densely developed shorelines may have fewer opportunities for achieving no net loss than cities or counties with less developed shorelines. With a densely developed shoreline, large buffers or setbacks may not be appropriate or feasible for various reasons - - small lots cannot accommodate them; large buffers would include many structures and impervious surfaces that interfere with buffer functions; regulations regarding structures within buffers could be complicated. SMP Handbook, Chapter 14, p. 3. Traditionally, uses and structures that are not consistent with the new regulations have been categorized as "nonconforming" development. Nonconforming uses and development were lawfully constructed or established, but do not conform to current land use regulations or standards. The regulation of nonconforming uses and development is an established concept, beginning early in the 20th century, when municipalities started enacting zoning regulations. SMP Handbook, Chapter 14, p. 4. WAC 173-27-080 applies at the local level only if the local SMP does not address nonconforming development. SMP Handbook, Chapter 14, p. 4. Some local governments are using different approaches as they update their SMPs. They would allow existing Packet Pg. 178 8.1.c structures, particularly single family residences, to continue as conforming structures even though new shoreline setbacks, buffers, and other regulations in their Shoreline Master Programs would typically create nonconforming structures. SMP Handbook, Chapter 14, p. 5. Packet Pg. 179 8.1.c H. The City has taken significant steps toward restoration of the Edmonds marsh. I. Ecology's Required Change 7 is a change to the 100/50 setback/buffer that the City had previously adopted for the UMU4 environment. The dimensions of this earlier adopted setback/buffer were heavily influenced by the city's desire to restore the Edmonds marsh and daylight Willow Creek and obtain funding for such restoration. While it is true that Appendix L alone may not support a 100-foot setback for the UMU4 shoreline environment, the weight placed on Appendix L by the city council demonstrates its commitment to restoration of the Edmonds marsh. It is relevant to determining buffers for the UMU4 that the city has a significant goal of restoring the Edmonds marsh and has been actively pursuing that goal through grant applications and studies. J. As the City evaluates the existing conditions of the Edmonds marsh and the surrounding area within the UMU4 environment, it finds the Edmonds marsh to be a valuable environmental asset worthy of the City's ongoing restoration efforts. This value must be taken into account when evaluating the local conditions to which the buffers and setbacks for the UMU4 environment should be tailored. K. It should be noted for the record that the city council on August 2, 2016 adopted Resolution 1366, which authorized the submission of another grant application to RCO related to the daylighting of Willow Creek. The December 18, 2015 final feasibility study for the daylighting of Willow Creek was the result of a successful grant application from 2013. Packet Pg. 180 8.1.c III. Conclusions of Law demonstrating the consistency of Alternative Changes 7 and 8 with the Shoreline Management Act and the Department of Ecology's adopted guidance The Department of Ecology has adopted guidelines for Shoreline Master Programs. These guidelines are found in chapter 173-26 WAC, Part III (WAC 173-26-171 through WAC 173-26-251). Alternative Change 7 and 8 are consistent with these guidelines, particularly the following excerpts. A. WAC 173-26-186(8)(b): Local master programs shall include policies and regulations designed to achieve no net loss of [shoreline] ecological functions. The UMU4 buffer must be designed to achieve no net loss of ecological function, not only within the buffer, but more importantly, within the Edmonds marsh itself. While Harbor Square is already developed and the UMU4 buffer will render that development nonconforming, redevelopment of Harbor Square will presumably be more intense than the existing development. In the absence of additional wildlife habitat assessments and surveys demonstrating that no species in the Edmonds marsh requires more than a 50-foot buffer, the presumption should be that the habitat value of the marsh is consistent with other Category II estuarine wetlands. Because Ecology's guidance documents recommend a 110-foot buffer for a Category II estuarine wetland, that is the buffer that is required to achieve no net loss in the absence of additional wildlife habitat assessments and surveys. B. WAC 173-26-186(8)(c): For counties and cities containing any shorelines with impaired ecological functions, master programs shall include goals and policies that provide for restoration of such impaired ecological functions. The city is engaged in an ongoing effort to daylight Willow Creek, which will have a significant restorative benefit to the Edmonds marsh. Packet Pg. 181 8.1.c C. WAC 173-26-186(9): To the extent consistent with the policy and use preference of RCW 90.58.020, this chapter (chapter 173-26 WAC), and these principles, local governments have reasonable discretion to balance the various policy goals of this chapter, in light of other relevant local, state, and federal regulatory and nonregulatory programs, and to modify master programs to reflect changing circumstances. The guidelines give the city reasonable discretion to balance various factors in the development of its SMP. The city, in adopting Alternative Change 7, has acted reasonably in basing the buffer for the UMU4 on Ecology's own guidance. The 110-foot buffer is consistent with the most recent guidance from Ecology related to buffers for Category II estuarine wetlands. Even if the Department of Ecology or the Port of Edmonds might have weighted the various policy goals differently, the guidelines give this discretion to the city. D. WAC 173-26-201(2)(a): To satisfy the requirements for the use of scientific and technical information in RCW 90.58.100(1), local governments shall incorporate the following two steps into their master program development and amendment process. 1. First, identify and assemble the most current, accurate, and complete scientific and technical information available that is applicable to the issues of concern.... The city has identified Wetland Guidance for CAO Updates, Western Washington Version, June 2016, Publication No. 16-06-001, Department of Ecology, as the most current, accurate, and complete scientific information available. It has also identified other resources which are set forth in the findings of fact, above. 2. Second, base master program provisions on an analysis incorporating the most current, accurate, and complete scientific or technical information available.... Ecology agrees that the Edmonds marsh is a Category II estuarine wetland. The 110-foot buffer for the UMU4 comes directly from and is consistent with Wetland Guidance for CAO Updates, Western Washington Version, June 2016, Publication No. 16-06-001, Department of Ecology. The 50-foot buffer in Required Change 7 is not consistent with this recent guidance. Packet Pg. 182 8.1.c E. WAC 173-26-201(2)(d):... local governments shall ... apply the following preferences and priorities in the order listed below 1. Reserve appropriate areas for protecting and restoring ecological functions to control pollution and prevent damage to the natural environment and public health.... Local governments should ensure that these areas are reserved consistent with constitutional limits. Note that there is no higher -ranking priority here than to reserve appropriate areas for protecting and restoring ecological functions. The UMU4 buffer can be seen as such a restoration. The fact that the existing development is allowed to continue indefinitely as a nonconforming use keeps this reservation firmly within constitutional limits. WAC 173-26-221(2)(b)(i): When addressing critical areas, shoreline master programs shall adhere to the standards established in the following sections, unless it is demonstrated through scientific and technical information as provided in RCW 90.58.100(1) and as described in WAC 173-26-201 (2)(a) that an alternative approach provides better resource protection. As a Category II estuarine wetland, the city must protect the Edmonds marsh by adhering to the standards for critical areas unless it is demonstrated through scientific information that an alternative approach provides better resource protection. The applicable standards here include Ecology's wetland guidance, which in turn calls for a 110-foot buffer for this class of wetland. In other words, the default UMU4 buffer should be 110 feet unless it is demonstrated through scientific and technical information that an alternative approach provides better resource protection. Ecology has not demonstrated through scientific and technical information that the 50-foot buffer from Ecology's Required Change 7 provides better protection for the Edmonds marsh than a 110-foot buffer. Ecology makes the point that untreated stormwater discharge is a significant threat to the marsh and that this threat could be corrected upon redevelopment of Harbor Square. Ecology's logic is that a 50-foot buffer will better incentivize redevelopment and redevelopment will fix the stormwater discharge. But this logic fails to address whether the habitat values of the Edmonds marsh would be adequately protected in the face of more intense redevelopment. It also fails to address the possibility that the stormwater problem could be corrected as a standalone stormwater improvement project that could be sponsored by Packet Pg. 183 8.1.c the city's stormwater utility and/or through a WRIA-8 or other grant sponsored project. Significant additional work would need to be done to determine whether a 50-foot buffer in the UMU4 could find scientific justification given the presumably high habitat value of the Edmonds marsh. G. WAC 173-26-221(2)(b)(iv): The planning objectives of shoreline management provisions for critical areas shall be the protection of existing ecological functions and ecosystem -wide processes and restoration of degraded ecological functions and ecosystem -wide processes. Shorelines with critical areas get special treatment under the SMA. With critical areas, the objectives are not merely protection (no net loss) but also restoration of degraded ecological functions. The city's goal is to restore both the Edmonds marsh and its degraded buffers. The 110-foot buffer for the UMU4 could become restored either through a standalone restoration project that would likely require city and port cooperation, through mitigation requirements to offset the impacts of more intense redevelopment, or potentially through a combination of the two. H. WAC 173-26-221(2)(c)(i)(A): Local governments should consult the department's technical guidance documents on wetlands. The 110-foot buffer for the UMU4 comes directly from and is consistent with Wetland Guidance for CAO Updates, Western Washington Version, June 2016, Publication No. 16-06-001, Department of Ecology. The 50-foot buffer in Ecology's Required Change 7 is not consistent with this recent guidance. WAC 173-26-221(2)(c)(i)(D): Master programs shall contain requirements for buffer zones around wetlands. Buffer requirements shall be adequate to ensure that wetland functions are protected and maintained in the long term. Requirements for buffer zone widths and management shall take into account the ecological functions of the wetland, the characteristics and setting of the buffer, the potential impacts associated with the adjacent land use, and other relevant factors. Wetland Guidance for CAO Updates, Western Washington Version, June 2016, Publication No. 16-06-001, Department of Ecology, addresses many of these factors. It provides different buffer widths for Category I estuarine wetlands Packet Pg. 184 8.1.c (150 feet) and Category II estuarine wetlands (110 feet), recognizing that Category I wetlands have greater ecological function. There is no lower category of estuarine wetland than Category II. This suggests that even when the wetland and buffer may have some suffered some degradation, an estuarine wetland should still be afforded protection consistent with a Category II wetland. Ecology suggests that, because the Harbor Square portion of the UMU4 has already been developed, a narrow buffer of 50 feet is justified. We could not find support for this proposition in Wetland Guidance for CAO Updates, Western Washington Version, June 2016, Publication No. 16-06-001, Department of Ecology. If anything, that publication appears to state the opposite: "Ecology's buffer recommendations are also based on the assumption that the buffer is well vegetated with native species appropriate to the ecoregion. If the buffer does not consist of vegetation adequate to provide the necessary protection, then either the buffer area should be planted or the buffer width should be increased." Id., at 13. J. WAC 173-26-221(2)(c)(iii)(A): Critical saltwater habitats require a higher level of protection due to the important ecological functions they provide. Ecological functions of marine shorelands can affect the viability of critical saltwater habitats. Therefore, effective protection and restoration of critical saltwater habitats should integrate management of shorelands as well as submerged areas. Critical saltwater habitats like the Edmonds marsh require greater protection than other critical areas. It is necessary to establish an appropriate buffer upon the shorelands of the UMU4 in order to be able to protect and restore these areas. K. WAC 173-26-221(2)(c)(iii)(B): The management planning should address the following, where applicable:... Protecting existing and restoring degraded riparian and estuarine ecosystems, especially salt marsh habitats; Establishing adequate buffer zones around these areas to separate incompatible uses from the habitat areas; Here again, the guidance emphasizes that salt marsh habitats like the Edmonds marsh warrant special protection, even when they are somewhat Packet Pg. 185 8.1.c degraded and that a significant component of that special protection is the establishment of an adequate buffer to protect the special habitat provided by such ecosystems. It should be noted here that existing development within the UMU4 buffer does not make the habitat in the marsh unworthy of protection. It should also be noted that even if existing development already has some negative impact upon that habitat, redevelopment to a more intense use could have greater impact upon that habitat if the buffer were not increased adequately to protect the habitat from the more intense development. L. WAC 173-27-080 Nonconforming use and development standards. When nonconforming use and development standards do not exist in the applicable master program,' the following definitions and standards shall apply: 1. 'Nonconforming use or development' means a shoreline use or development which was lawfully constructed or established prior to the effective date of the act or the applicable master program, or amendments thereto, but which does not conform to present regulations or standards of the program. 2. Structures that were legally established and are used for a conforming use but which are nonconforming with regard to setbacks, buffers or yards; area; bulk; height or density may be maintained and repaired and may be enlarged or expanded provided that said enlargement does not increase the extent of nonconformity by further encroaching upon or extending into areas where construction or use would not be allowed for new development or uses.... Portions of the Harbor Square development already exist within as little as 25 feet of the Edmonds marsh. Ecology has argued that this existing condition warrants a much smaller buffer than the 110-foot buffer called for by the guidance. Ecology argues, essentially, that the buffers should be sized to avoid any already developed property so that the existing development can retain its conforming status indefinitely. If the SMA intended this result, 1 Note: the city's SNIP does contain provisions for nonconforming use. The WAC is cited here to demonstrate what regulation Ecology would impose as a default if the city did not have its own nonconforming use regulation. Packet Pg. 186 8.1.c Ecology would not have needed to adopt the above shoreline nonconforming use rule. The fact that Ecology did adopt a nonconforming use rule renders this argument suspect. Similarly, Ecology appears to argue that the SMA's no net loss standard provides not only the minimum amount of regulatory protection allowed, but also the maximum amount of regulatory protection allowed. This argument is not supported by the plain language of the guidance for shoreline master programs. In fact, the opposite is true, "these guidelines are designed to assure, at minimum, no net loss of ecological functions necessary to sustain shoreline natural resources and to plan for restoration of ecological functions where they have been impaired." WAC 173-26-201(2)(c) (emphasis added). The guidelines contain similar phrasing where they address wetland regulations. "Regulations shall address the following uses to achieve, at a minimum, no net loss of wetland area and functions, including lost time when the wetland does not perform the function..." WAC 173-26- 221(2)(c)(i)(A) (emphasis added). In short, the plain language of the SMP guidance indicates that no net loss is the minimum standard that an SMP must achieve. Nowhere does the guidance suggest that Ecology should deny an SMP for going beyond this minimum standard. IV. Consistency with the purpose and intent of Required Change 7 WAC 173-26-120(7)(b) outlines this stage of Ecology's review procedure: If, in the opinion of the department, the alternative is consistent with the purpose and intent of the changes originally proposed by the department in this subsection (7) and with the policy of RCW 90.58.020 and the applicable guidelines, it shall approve the alternative changes and provide written notice to all parties of record. In such cases, the effective date of the approved master program or amendments is the date of the department's letter to local government approving the alternative proposal. If the department determines the alternative proposal is not consistent with the purpose and intent of the changes proposed by the department, the department may either deny the alternative proposal or at the request of local government start anew with the review and approval process beginning at WAC 173-26-120. Packet Pg. 187 8.1.c WAC 173-26-120(7)(b). We have demonstrated in Section III, above, how Alternative Change 7 is consistent with the applicable guidelines for SMPs. This section addresses consistency with the purposes and intent of Required Change 7. Certainly, the proposed buffers between Alternative Change 7 (110 feet) and Required Change 7 (50 feet) are significantly different, but that does not mean there is inconsistency between their purposes and intents. We look to the discussion in Ecology's June 27, 2016 Findings and Conclusions to discern the purpose and intent behind Required Change 7. We acknowledge, however, that, because Ecology does not succinctly state the purpose and intent behind Required Change 7, this exercise requires some paraphrasing and extrapolation on the part of the city. We believe the following four statements fairly summary Ecology's purpose and intent behind Required Change 7. 1. The city's originally adopted buffer of 50 feet was consistent with Ecology's Required Change 7 buffer of 50 feet. The real difference was in the amount of the setback, where the city originally adopted a 100-foot setback (or 50 feet from the edge of the buffer) and Required Change 7 proposed a 65 foot setback (or 15 feet from the edge of the buffer). Ecology notes that the city did not adequately support the additional 50-foot setback with scientific documentation and replaced it with the extra 15-foot setback, which is consistent with the city's critical areas ordinance. Ecology states: "A minimum 15-foot building setback would help preserve the integrity of a restored buffer. A larger setback may encourage intensive uses such as parking, which is incompatible within a buffer setback." Alternative Change 7 is consistent with the purpose and intent of Required Change 7 because both reflect the same setback (15 feet from edge of the buffer) that is contained in the city's critical areas ordinance. As Ecology notes, intensive uses such as parking, would no longer be encouraged by the larger 50-foot setback. Packet Pg. 188 8.1.c 2. Ecology expressed concern about the city's reliance upon Appendix L to support the originally adopted buffer/setback of 50/100. In the table, Ecology states: "Ecology acknowledges the City Council amendments to the Planning Commission draft were based on a concern that buffers would be need to be 100 feet to be eligible for Ecology water quality grants. As noted in a letter from Ecology's Water program, a restoration project would be eligible based on the science -based planning commission setback of 50 feet (see letter from Ben Rau to Shane Hope, August 19, 2015)." The city acknowledges that Appendix L is not the most relevant guidance for establishing a buffer width for a Category II estuarine wetland. In Alternative Change 7, the city has corrected its reliance upon Appendix L and now bases the buffer for the UMU4 environment on Wetland Guidance for CAO Updates, Western Washington Version, June 2016, Publication No. 16-06-001, Department of Ecology. The city believes this guidance to be the "most current, accurate, and complete scientific and technical information available," as required by WAC 173-26-201(2) (a). By basing Alternative Change 7 on this recent guidance instead of Appendix L, the city's alternative is consistent with the purpose and intent of Required Change 7. 3. Ecology's table regarding Required Change 7 cites to WAC 173-26-201(2)(c). That section of the guidelines contains the following language: "Nearly all shoreline areas, even substantially developed or degraded areas, retain important ecological functions. For example, an intensely developed harbor area may also serve as a fish migration corridor and feeding area critical to species survival. Also, ecosystems are interconnected. For example, the life cycle of anadromous fish depends upon the viability of freshwater, marine, and terrestrial shoreline ecosystems, and many wildlife species associated with the shoreline depend on the health of both terrestrial and aquatic environments. Therefore, the policies for protecting and restoring ecological functions generally apply to all shoreline areas. not iust those that remain relatively unaltered." WAC 173-26-201(2)(c) (emphasis added). Alternative Change 7 is consistent with the purpose and intent of Required Change 7 by recognizing the important applicability of the language above to Packet Pg. 189 8.1.c establishing the buffer for the UMU4 environment. While much of the UMU4 buffer area has been developed and degraded, this language, and Alternative Change 7, acknowledge that the Edmonds marsh retains important ecological functions that are worthy of being protected with a buffer that is consistent with Ecology's buffer guidance for a Category II estuarine wetland. 4. Required Change 7 may have been crafted to address the Port's concern about excess mitigation. The table cites WAC 173- 26-201(2)(e), which contains the following language: "master programs shall also provide direction with regard to mitigation for the impact of the development so that: (A) Application of the mitigation sequence achieves no net loss of ecological functions for each new development and does not result in required mitigation in excess of that necessary to assure that development will result in no net loss of shoreline ecological functions and not have a significant adverse impact on other shoreline functions." Mitigation is imposed at the project stage, not with the adoption of an SMP. Alternative Change 7 should not be construed as a mitigation requirement. Rather, it is an acknowledgement that the Edmonds marsh provides high value habitat that warrants the 110-foot buffer called for in Ecology's guidance documents. When the Port is ready to pursue a master planned redevelopment of Harbor Square, a more detailed analysis of the presence of wildlife and associated habitat will need to be performed to determine the extent to which the Edmonds marsh needs to be protected from the impacts of the master planned redevelopment. And that analysis will no doubt be informed by details about the project itself that are not currently known. At the project stage, it is possible that additional information about the species in the marsh and the nature of the project itself will lead to the conclusion that requiring a 110-foot buffer would be disproportionate to the actual impact of the project, in which case, the city might opt to incur part of the cost associated with establishing a 110-foot buffer as a city -sponsored restoration project. But at this planning stage, and without that critical additional information, it would be imprudent to establish a 50-foot buffer in the UMU4 environment. Furthermore, we doubt that a 50-foot buffer would be upheld under a no net loss challenge without this additional information. Therefore, to the extent that the purpose and intent of Required Change 7 was to address a concern about excess mitigation, Alternative Change 7 is not inconsistent with that concern in light of the discussion above. Packet Pg. 190 8.1.d Date: February 2, 2017 To: Edmonds City Council Copy: Dave Earling, Mayor Shane Hope, Development Services Director Kernen Lien, Senior Planner From: Jeff Taraday, City Attorney Re: City's proposed Option C: An alternative to Options A and 8 from Ecology's January 10, 2017 Exhibit G I. Purpose of this memo The purpose of this memo is to provide some legal context for review of Option C, particularly with respect to the no net loss standard. II. Relevant legal authority Set forth below are three particularly relevant excerpts from the Shoreline Guidelines. The no net loss standard in general: Local master programs shall include policies and regulations designed to achieve no net loss of those ecological functions. (i) Local master programs shall include regulations and mitigation standards ensuring that each permitted development will not cause a net loss of ecological functions of the shoreline; local government shall design and implement such regulations and mitigation is1100 Dexter Ave N Suite 100 Seattle WA 98109 P 206.273.7440 F 206.273.7401 www.lighthouselawgroup.com Packet Pg. 191 8.1.d standards in a manner consistent with all relevant constitutional and other legal limitations on the regulation of private property. WAC 173-26-186(8)(b) (emphasis added). The no net loss standard specifically articulated toward wetlands: Regulations shall address the following uses to achieve, at a minimum, no net loss of wetland area and functions, including lost time when the wetland does not perform the function... WAC 173-26-221(2)(c)(i)(A) (emphasis added). The full text of the language referenced by Ecology with regard to its concern about excessive mitigation: (e) Environmental impact mitigation. (i) To assure no net loss of shoreline ecological functions, master programs shall include provisions that require proposed individual uses and developments to analyze environmental impacts of the proposal and include measures to mitigate environmental impacts not otherwise avoided or mitigated by compliance with the master program and other applicable regulations. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), chapter 43.21C RCW, is applicable, the analysis of such environmental impacts shall be conducted consistent with the rules implementing SEPA, which also address environmental impact mitigation in WAC 197-11-660 and define mitigation in WAC 197-11-768. Master programs shall indicate that, where required, mitigation measures shall be applied in the following sequence of steps listed in order of priority, with (e) (i) (A) of this subsection being top priority. (A) Avoiding the impact altogether by not taking a certain action or parts of an action; (B) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts; Packet Pg. 192 8.1.d (C) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (D) Reducing or eliminating the impact over time by preservation and maintenance operations; (E) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and (F) Monitoring the impact and the compensation projects and taking appropriate corrective measures. (ii) In determining appropriate mitigation measures applicable to shoreline development, lower priority measures shall be applied only where higher priority measures are determined to be infeasible or inapplicable. Consistent with WAC 173-26-186 (5) and (8), master programs shall also provide direction with regard to mitigation for the impact of the development so that: (A) Application of the mitigation sequence achieves no net loss of ecological functions for each new development and does not result in required mitigation in excess of that necessary to assure that development will result in no net loss of shoreline ecological functions and not have a significant adverse impact on other shoreline functions fostered by the policy of the act. (B) When compensatory measures are appropriate pursuant to the mitigation priority sequence above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, alternative compensatory mitigation within the watershed that addresses limiting factors or identified critical needs for shoreline resource conservation based on watershed or comprehensive resource management plans applicable to the area of impact may be authorized. Authorization of compensatory mitigation measures may require appropriate safeguards, terms or conditions as necessary to ensure no net loss of ecological functions. WAC 173-26-201(2)(e)(emphasis added). Packet Pg. 193 8.1.d III. Brief analysis of Option C Option C uses the same standard of no net loss that is used in the Shoreline Guildlines above. Using the same standard should reduce ambiguity and confusion when it comes time to implement these regulations. We stated the following in Section IV of our October 14, 2016 memo: When the Port is ready to pursue a master planned redevelopment of Harbor Square, a more detailed analysis of the presence of wildlife and associated habitat will need to be performed to determine the extent to which the Edmonds marsh needs to be protected from the impacts of the master planned redevelopment. And that analysis will no doubt be informed by details about the project itself that are not currently known. At the project stage, it is possible that additional information about the species in the marsh and the nature of the project itself will lead to the conclusion that requiring a 110-foot buffer would be disproportionate to the actual impact of the project, in which case, the city might opt to incur part of the cost associated with establishing a 110-foot buffer as a city -sponsored restoration project. But at this planning stage, and without that critical additional information, it would be imprudent to establish a 50-foot buffer in the UMU4 environment. Option C essentially establishes a 110-foot buffer as a default and for planning purposes, while deferring to a later date - after more environmental review has been done and after more is known about the project - the ultimate determination as to whether the buffer can be smaller while still ensuring no net loss, or conversely, whether the buffer needs to be larger to ensure no net loss. Packet Pg. 194 8.1.e 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 chiefs 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 1. 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. 195 8.1.e o October 19, 2016 City responded to Ecology's SMP changes and provided alternatives for Edmonds Marsh buffers o January 10, 2017 Ecology responded to the City's Edmonds Marsh buffer alternatives o In consultation with director, Ecology issued final response to evaluation of City's SMP • SMP Update Principles o The Comprehensive SMP update provides many improvements o Edmonds and Ecology are in agreement on most of the SMP — we are very close to being finished o We all share a common goal of protection and restoration of the Edmonds Marsh • Intent of Ecology's letter o Thoughtfully consider the City's October 2016 response o Formally accept the City's alternatives for Items 1-6 o Identify necessary clarifications to buffer provisions applicable to Edmonds Marsh • Marsh buffer clarifications o Recognizes I I0-foot wetland buffer + 15-foot setback o Clarify mitigation responsibilities at the time of redevelopment to be informed by a site - specific study o Identify review process and criteria to determine appropriate buffer width • Clarification Options o Option A: ■ Adds a reference to the City's CAO (23.40.220.C.4); • Requires a scientific study demonstrating functional isolation from critical area; ■ Would allow alternatives buffer to be established based on site specific conditions o Option B ■ Establishes criteria to allow for a site -specific assessment to determine buffer widths; • Requires demonstration of lift to eco-functions ■ Limits buffer reduction to no less than of 50 feet Mr. Burcar explained under both options, the default would be a 110-foot buffer and 15-foot setback. If those provisions were built into the SMP, a development proposal would need to go through a conditional use permit (CUP) process which is reviewed locally by the City and by Ecology to consider any reduction in the buffer. A CUP has addition criteria under the Washington Administrative Code regarding consistency with the Shoreline Act, with the green principles, and with accumulative impacts and would bring Ecology's into the review process. Councilmember Nelson thanked Ecology for agreeing that the default would be a 110-foot buffer plus 15- foot setback. He asked about the wetland scientist's role in the site -specific review; does the scientist look at a report, go on site, etc. David Pater, Shoreline Planner, Department of Ecology, answered given the magnitude of the Edmonds Marsh and its importance to the City, it would include site visits in addition to reviewing reports. Site visits would be one of the most important aspects of the site -specific study. Councilmember Buckshnis recalled at one time the City had an interim designation for the Urban Mixed Use (UMU) W. She suggested the Council move the rest of the SMP forward and allow time to work on the UMU IV. Mr. Pater answered the options Ecology suggested get at that issue in a more scientific study way. Public comment seemed supportive of a rigorous scientific study with certain boundaries. It gets the Council to the same place because it allows studies to assist in determining what will work best. Councilmember Buckshnis said the City would still do the studies; her proposal was to proceed with the SMP and designate the UMU IV area as interim so the City would have an approved SMP, making it eligible for grants, and continuing to work on the UMU IV buffers and site specific report. She pointed out it will take a while to get a site -specific report done. Mr. Pater agreed the site -specific report is an Edmonds City Council Approved Minutes January 24, 2017 Page 8 Packet Pg. 196 8.1.e important piece of the puzzle. With regard to grants, there are statements in the SMP regarding a standalone restoration project if the opportunity arises. Councilmember Buckshnis commented the City is currently under the existing 2000 SMP. Councilmember Buckshnis clarified her goal was to update the SMP to 2016 or 2017 and allow time to get the site -specific reports done to get the two questions answered. Mr. Burcar explained Ecology's policy with comprehensive updates has been to ensure they are comprehensive and look at all elements of the update. He clarified the site -specific study is intended to be the developer's responsibility/obligation at the time of development. It is not the City's interim responsibility to do the site -specific study. The site -specific study is intended to react and assess how the redevelopment proposal affects the marsh and opportunities to build in the necessary protections at the time of development; it is a project -related study not a planning study. Councilmember Buckshnis pointed out there are no plans for redevelopment at this time. She referred to Everett's interim designation due to a lawsuit. The City doesn't have a lawsuit but has the issue of clarifying this area. An interim designation was suggested at the beginning of this process to give the City time to get the information completed and still have an updated SMP. Mr. Pater answered doing what Councilmember Buckshnis suggested would require unwinding the process a little as the interim designation was one of conditional changes. He was hopeful the Council would move forward with these two options. Councilmember Buckshnis said her goal was to get something approved and allow time to continue work. Mr. Pater said Everett's interim was fairly unique due to the lawsuit, a specific area and the creation of a subarea plan for the marshlands area which they eventually received a State grant for. Councilmember Buckshnis relayed her concerns including the buffer setback definition in the SMP that has the buffer and setback starting at the same point of origin and Ecology does not have that. She asked whether a scientist would keep the II0-foot buffer and 15-foot setback separated and assumed the scientist would look at the ordinary high water mark (OHWM). Mr. Pater answered the 15-foot setback does not change, the potential change is to the size of the buffer with a specific study. Ecology is open to possible hybrids of the options. Ecology internally believes they start at the wetland edge. Edmonds Marsh is complicated because of the combination of a salt and freshwater marsh. The berms make things simpler because it is a more uniform line compared to the other, more natural side of the marsh. Councilmember Teitzel reiterate Mr. Burcar's statement, that everyone is in support of restoring and preserving the marsh including the Council, Port, citizens and Ecology, the question is the practical reality of how to get there. He pointed out if the Council ultimately settles on a 125-foot setback that corporates a 110-foot buffer, that boundary would bisect three major building at Harbor Square including the Harbor Square Athletic Club. Creating that buffer/setback combination would require destruction of those buildings to create a natural buffer or they would remain non -conforming into the foreseeable future. That would not be the case with a 65-foot setback which would miss those buildings, allowing it to be implemented. Recognizing the Port is operating in the UMU IV zone as a contract rezone with a 25-foot setback/open space, Councilmember Teitzel asked whether the 25-foot setback would remain for an undetermined period of time absent any redevelopment activity. Mr. Taraday said the City Council always has the right to rezone a contracted rezone area. Absent redevelopment, all of this is irrelevant; the buffers are only relevant in the context of redevelopment. Councilmember Teitzel summarized as long as the contract rezone remains in effect, the setback will be 25-feet. A 125-foot setback is a strong disincentive for the Port to do anything other than maintaining the Harbor Square area as it currently exists. In that case, everyone loses, the City, the environment, and the marsh losses the opportunity to create a buffer that essential triples the existing buffer. He was hopeful the Council to work through this to reach something that creates a practical and real buffer increase for the benefit of the marsh and the City. Edmonds City Council Approved Minutes January 24, 2017 Page 9 Packet Pg. 197 8.1.e Councilmember Teitzel observed in Option B, the site -specific study shall use existing conditions as the baseline for assessing potential benefit of restoring the buffer including stormwater treatment. He asked if that would be existing conditions at the time the letter was written or existing conditions at the time a redevelopment plan is submitted. Mr. Burcar answered redevelopment. Councilmember Teitzel asked whether Ecology would be involved in approving who was selected to perform the site -specific study to avoid conflicting studies. Mr. Burcar answered Ecology puts more emphasis on making sure the criteria is clear. Ecology would defer to staff and the City attorney with regard to the process of influencing who the consultant is. Most jurisdictions have a list of qualified consultants; the emphasis would be more on the work product. Councilmember Teitzel asked what Ecology expects of the Council by March 30, 2017. Clearly it is a dilemma; the City cannot present a site -specific study until a redevelopment plan is submitted. Mr. Burcar answered in a perfect world if the Council reached agreement on one of the options or a hybrid option, the City only needs to submit a response to Ecology. Ecology is not looking for the site -specific study but authorization for the sites -specific study to be included in the alterative for the 110-foot buffer plus 15- foot setback. Council President Mesaros commented there is a lot of wisdom in the two options, they get to the heart of the matter and he anticipated the Council could reach agreement. He did not agree with Councilmember Buckshnis about separating out the UMU IV zone and having an interim designation. He preferred to consider the options and provide Ecology a response by March 30 and approve the entire SMP. He initially liked Option B best because it limits the reduction to 50 feet plus the 15-foot setback. Option A would allow a determination that was smaller than 65 feet. He liked the flexibility the options provide especially around the Harbor Square area due to the existing building and it provides incentive to the Port for redevelopment. He emphasized without redevelopment, the 25-foot buffer remains and the marsh deserves more than a 25-foot buffer. Councilmember Tibbott said he was looking for the practicality of the options. He agreed with Council President Mesaros about Option B. Either option presents a lot of possibility for thought and if redevelopment were proposed, there would be a significant number of steps to determine what would be allowed. He asked whether Ecology had seen a 125-foot buffer/setback result in improvement of the environmental situation around a wetland like the Edmonds Marsh. Mr. Burcar answered the concept incentivizes improvements that are driven by redevelopment. He has seen examples around Lake Washington where jurisdictions have included provisions to request bulkhead removal or vegetation enhancement on shorelines in exchange for flexibility on redevelopment. That has helped reestablish areas lost historically to development. It is a proven concept in many jurisdictions. Councilmember Tibbott asked for clarification, the City could establish a 125-foot buffer/setback but a development plan could show with development the environment could be improved with a 65-foot buffer/setback. Mr. Pater answered possibly. The scientific study will provide answers regarding what will work, how it will protect the marsh, how will it improve habitat. The Edmonds Marsh has a unique setup; the berm is not going away and development will need to work around the berm which is not natural. Any study will need to look at the long term impact on the buffer; the berm will invariably impact some buffer function. Councilmember Tibbott asked about incentives for redevelopment and asked whether these types of options were an incentive for development in a highly -developed area. Mr. Pater commented he and Mr. Burcar are planners. Councilmember Tibbott asked staff if they were aware of development that had occurred with this baseline guidance. Mr. Lien answered he was not aware of any specific proposals that Edmonds City Council Approved Minutes January 24, 2017 Page 10 Packet Pg. 198 8.1.e had been developed with a standard buffer that could be reduced with a site -specific study. Councilmember Tibbott said that was essential his concern. He appreciated the amount of study and collaboration that went into this proposal and he was inclined to support it and let the chips fall where they may. He was looking for what would be practical and usable and reduce the fog; this proposal does not reduce the fog but rather makes it foggier until a date in the future when it either goes to court or scientific research is done. Councilmember Fraley-Monillas commented clearly Councilmember have separate opinions and there is still a majority and minority on the Council and she hated to put Ecology in the middle. She agreed with Councilmember Buckshnis, splitting the UMU IV off and moving forward with the rest of the SMP. The UMU IV is a small issue within the SMP and the Council could move forward more quickly if that portion were split out. She asked if stormwater was the only water quality issue that would improve marsh. Mr. Pater answered his understanding from the studies that have been done is that untreated stormwater is a big problem. Councilmember Fraley-Monillas asked if stormwater was the only problem. Mr. Pater answered probably not, there could be some habitat value from reestablishing the buffer and over time having mature trees on both sites. From what he's heard, stormwater is a big problem. Mr. Burcar said stormwater water quality and quantity are issues, regulating the flows would also be helpful. Councilmember Fraley-Monillas observed there were other things that could assist the marsh. Mr. Burcar agreed there likely are; deferring to the site -specific study, part of the scope would be to look for those opportunities, what functions could be improved. If the Council adopts a125 buffer/setback, Councilmember Fraley-Monillas asked if anything stopped the Port from redeveloping their property. Mr. Burcar said that may be a better question for the Port. The issue laid out in Ecology's letter with the 125-foot buffer was it would require revegetation of the entire 110-foot buffer in response to any type of redevelopment which Ecology felt went the beyond compensatory mitigation obligation under the Shoreline Management Act (SMA) in terms of ensuring the impacts associated with redevelopment are adequately mitigated. Councilmember Fraley-Monillas commented the Port currently has two large buildings with 30-40 year leases on the south end of their property. If the Council continued with the 125-foot buffer, nothing would prohibit the Council from developing the north portion of the property. Mr. Pater said the entire site in theory could be redeveloped. He has heard that the health club would possibly remain as a part of new development as an amenity to a mixed -use development. The buildings could continue as they exist but could not expand to encroach further into the marsh. Councilmember Fraley-Monillas commented the type of development may need to change. Councilmember Fraley-Monillas commented the environment over the years has already lost to development. She remembered when the marsh extended to Dayton and has seen pictures of it all the way through the Safeway property. The marsh has shrunk over time due to development. She liked Option A but asked if it changed the legal opinion. Mr. Taraday answered no, he disagreed with some of Ecology's analysis. The missing piece is an assumption is being made by Ecology that new development could occur on the marsh that would not trigger the no net loss standard and that it could be done in a buffer of less than 110 feet, yet there is no science to prove that. The standard is no net loss; neither Option A or B rely on the no net loss standard. The question is to what extent can the property be redeveloped and not have a net loss. If scientists say it can be done with a 50-foot buffer, great, but that science does not currently exist. Mr. Taraday explained Ecology is proposing a default buffer of 110 feet; if Option A were converted to say if scientists can show there can be no net loss with less than a I I0-foot buffer, that would be more Edmonds City Council Approved Minutes January 24, 2017 Page 11 Packet Pg. 199 8.1.e consistent with the SMA than referencing the CAO that has nothing to do with the SMA. For example, a tennis court may have a very different impact on the marsh than a 3-story residential structure. While it is true the tennis court footprint already exists, that does not mean a 3-story building on that same footprint results in no net loss of habitat. He was disappointed in the analysis that has been done so far. Some flexibility could be built in so that when a development plan is proposed in the future, consideration is given to how close the development can get to the marsh and still have no net loss. There is no way to know that now which was why he was not sure an interim designation would help because that answer would not be provided until there was a development proposal. Mr. Burcar pointed out the footnote in Option B references no net loss. Mr. Taraday explained the standard he saw was the developer would have to demonstrate lift. Lift is the inverse of no net loss, putting the burden on the people interesting in preserving the marsh to demonstrate that it would improve. Mr. Burcar said these were suggestions for discussion. Mr. Pater reminded of the role of onsite mitigation when redevelopment is proposed. Depending on the proposal, the purpose of mitigation is to at a minimum bring it back to no net loss. For example, if there were a proposal to build a 10-story building on the wetland edge and keep the buffer, that would degrade the condition of the marsh. The site -specific study would determine how to mitigate impacts from development to achieve no net loss, depending on the study and the willingness of the property owner go beyond no net loss. He agreed it was foggy until development is proposed and a study is done. Mr. Taraday said it's possible a scientist could say a I I0-foot revegetated buffer is needed just to mitigate the impact of a new development. Mr. Pater agreed, pointing out it was also a possibility the scientist could say 50 feet was also adequate. That is the reason for the two options, one with reference to the CAO and the other referencing the conditional change. He summarized there are a lot of unknowns because the type of redevelopment that will occur is unknown. Councilmember Nelson commented the Council is hearing a lot of doom and gloom. As the author of the amendment to the CAO which is partially providing the option for a site -specific scientific study, the intent is for the science to speak for itself. Instead of one -size -fits -all generic buffers, the goal is to have a scientist determine what buffer makes the most sense. It is important to look to the science and where that science leads within these parameters whether it is up to 110 feet or as low as 50 feet. As far as this approach being common or not, having site -specific scientific studies has been included in other jurisdictions' SMPs. Mr. Burcar agreed it is very common. Mr. Pater said it is a more detailed approach to mitigation requirements in the SMP. Councilmember Buckshnis said this is all just speculation. She relayed the citizens and the Bothell City Council spent $11 million for a golf course that Forterra bought and plan to turn it into a natural area and WRIA 8 provided some funding. The Port's Master Plan does not include moving the tennis courts or the hotel, only the building housing the breweries, Blue Collar and the accountant. She anticipated redevelopment would not happen for a while because the Port just made a lot of improvements to Harbor Square. She cited projects that WRIA 8 has funded including the removal of mobile home parks to allow free flowing water. Many cities have supported their environments using BAS to ensure its preservation for future generations. She recommended the Council only consider Option A. Council President Mesaros said Option A would allow for even a 10-foot buffer if the science supported it. Mr. Burcar agreed there is no required dimension. Council President Mesaros said Option B does not allow the buffer to be below 50 feet and would be more restrictive in protecting the marsh. Mr. Burcar said the intent with Option A was a lot of jurisdictions want consistent provisions in the CAO and the SMP because development often deals with both. Edmonds City Council Approved Minutes January 24, 2017 Page 12 Packet Pg. 200 8.1.e Council President Mesaros asked about the process for Council to provide a response to Ecology by March 30, 2017. Mr. Lien said he was looking for Council reaction. Staff could prepare a third alternative that combines Option A and B for consideration at the February 7 or 14 Council meeting. 2. AUTHORIZATION FOR THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LYNNWOOD AND THE CITY OF EDMONDS FOR JOINT FUNDING OF THE RECYCLING COORDINATOR Public Works Director Phil Williams explained this is the latest iteration of the agreement with Lynnwood that has been in place for a long time; Steve Fisher has been the City's Solid Waste/Recycling Coordinator for the past 20 years. The proposed Interlocal Agreement extends that for the next biennium. The funding remains the same with grants that Edmonds and Lynnwood receive. The difference between the total cost and the grants is paid by the Water Utility as Mr. Fisher works on water conservation. Councilmember Fraley-Monillas recalled a few years ago the Council passed a motion to have all City - owned building participate in recycling. It was her understanding that was not happening in all City - owned buildings. Mr. Williams recalled the motion included the ability for facilities staff to use up materials. When the City contracts with building tenants, they are encouraged to use appropriate recyclable or made from recycled materials products. Councilmember Fraley-Monillas suggested the Recycling Coordinator observe buildings, noting there is a major building owned by the City that does not recycle. Mr. Williams offered to meet with Councilmember Fraley-Monillas, Mr. Fisher and facilities staff. Councilmember Fraley-Monillas suggested providing training and resources to tenants . Councilmember Fraley-Monillas recalled an effort to co -locate recycling containers downtown. Mr. Williams recalled the conversation but did not recall any action. Council President Mesaros said there are some recycling containers downtown. Councilmember Fraley-Monillas said garbage cans should be co - located with recycling containers. Mr. Williams offered to research but did not recall any specific action or a funding source to provide publicly owned recycling containers. Councilmember Fraley-Monillas recalled there was a big push since she has been on the Council to have recycling containers co -located with garbage containers. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT MESAROS, TO AUTHORIZE THE MAYOR TO SIGN THE INTERLOCAL AGREEMENT BETWEEN LYNNWOOD AND EDMONDS TO JOINTLY FUND THE RECYCLING COORDINATOR POSITION AND IMPLEMENT THEIR RESPECTIVE WASTE PREVENTION AND RECYCLING PROGRAMS, STARTING IN 2017 AND CONTINUING THROUGH JUNE OF 2019. MOTION CARRIED UNANIMOUSLY. 3. PRESENTATION OF A PROFESSIONAL SERVICES AGREEMENT WITH THE BLUELINE GROUP FOR THE 2018 WATERLINE REPLACEMENT PROJECT City Engineer Rob English explained in November 2016 the City issued a Request for Qualifications (RFQ) to hire a consultant to provide design engineering services for the 2018 and 2019 Waterline Replacement Projects. The City received responses from nine engineering firms and the selection committee selected Blueline based on their qualifications and experience. The proposed professional services agreement is for preliminary design and conceptual layout for 12 sites, approximately 11,000 lineal feet of pipeline replacement. From that, final design will be done on approximately 5,000 — 6,000 feet depending on the sites which is included in the scope of work. The scope of work includes related tasks such as geotechnical investigation, bid assistance and construction support. The total contract amount is $361,300 which includes a management reserve of $32,800 for unforeseen conditions and changes. The fee related to design services will be paid by the Water Utility Fund. Staff will return to Council next year to amend the contract to complete final design for the remaining sites. Edmonds City Council Approved Minutes January 24, 2017 Page 13 Packet Pg. 201 8.1.f pathogens as well as AED training. Staff is talking with Fire District 1 about servicing the AEDs and possibly getting more. Councilmember Nelson recognized there are some AEDs in the City but the problem is no one uses them. It was the consensus of the Council to schedule this item for approval on next week's Consent Agenda. 2. SHORELINE MASTER PROGRAM Mayor Earling advised Council President Mesaros and he agreed the presentation and discussion would be held to the scheduled 30 minutes as further discussion is scheduled on a future meeting agenda. Senior Planner Kernen Lien reviewed: • Ecology proposed options o Option A Add a refence to the City's CAO 23.40.20C.4) ■ Requires a scientific study demonstrating functional isolation from critical area; ■ Would allow alternative buffer to be established based on site specific conditions = Minimum buffer width undefined o Option B • Established criteria to allow for a site specific assessment to determine buffer widths' • Require demonstration of lift to eco-functions • Limits buffer reduction to no less than 50 ft. • Staff -developed Option C o Combines elements of Ecology's Options A & B o Keeps Council 125/110 buffer as default o Alternate buffer may be approved through a shoreline conditional use permit process ■ Alternative buffer cannot be less than 50 fee o Criteria from interrupted buffer provision used for site specific analysis o Site specific analysis shall address hydrologic, geologic, and the existing and potential wildlife habitat of pre and post development conditions. • Option C and No Net Loss Criteria o WAC 173-25-201(2)(e) ...does not result in required mitigation in excess of that necessary to assure that development will result in no net loss of shoreline ecological functions... o Site specific study may result in smaller buffer or lager buffer depending on the impact of a proposed development to achieve no net loss • Next Steps o Scheduled on Council Extended Agenda on February 21 and March 7 o Response to Ecology by March 30, 2017 Council President Mesaros asked how Option C differed from Options A and B and whether the criteria for interrupted buffer provision used for site specific analysis was the key difference. Mr. Lien explained the interrupted buffer provision does not have a minimum buffer requirement. The criteria from the interrupted buffer is used but also establishes a minimum buffer, it cannot be less than 50 feet and that 50 feet would have a 15-foot building setback. Council President Mesaros said that is also in Option B. Mr. Lien agreed that was also in Option B; 50 feet is what Ecology included in their required change. Option B has a range of 125 to 65 or 110 to 50 feet. Council President Mesaros referred to public comments regarding the SMP; Ms. Petso stated the buffer cannot be reduced by State law; either she is correct or the City is correct, but the Council needs to determine who's correct and move forward with confidence. Mr. Shaw recommended having an unbiased study; Council President Mesaros hoped all the studies the City requires are unbiased and if there is Edmonds City Council Approved Minutes February 7, 2017 Page 7 Packet Pg. 202 8.1.f evidence that biased studies are being done, that should be stopped. The third comment was from Ms. Bloom regarding development and potential contradictions between the CAO and the SMP. With regard to Ms. Bloom's comments regarding liquefaction and allowed activities, Mr. Lien explained allowed activity in the CAO context basically means a critical areas report is not required, it is something that is allowed outright. In the section Ms. Bloom referenced, 23.80.040 states the following activities are allowed in geologically hazardous areas and do not require submission of critical areas report; that is related to an allowed activity in the CAO. Exempting that section from the SMP means a study will automatically be required and the use is not allowed outright. With regard to independent studies, Mr. Lien explained typically the developer pays for the studies because they are proposing the development. The City can have those studies peer reviewed and has done that for some areas. The City can also do a third -party contract whereby the City selects the consultant and the developers pays for it. He assured the City was not doing biased studies. With regard to Dr. Senderoffls comment regarding adding language to the criteria related to light and noise, Mr. Lien said that is already captured in the existing and potential wildlife habitat and the pre and post development condition; light, noise, etc. are types of activities that impact habitat and species. Councilmember Tibbott asked to what extent the CAO informs the SMP and to what extent do the regulations overlap in the shoreline. Mr. Lien responded that is a difficult question to answer. The critical area regulations are an outgrowth of the Growth Management Act (GMA) and the SMP is from the Shoreline Management Act (SMA) and the two do not necessarily work together. The City's SMP adopted large sections of the critical areas regulation, those that apply in shoreline areas and excepted certain some things out such as allowed activities in geologically hazardous area. With regard to buffers and setbacks in the UMUIV environment, the buffers and setback that are being established by the Council now or via a future site specific study will rule in the UMUIV environment versus the wetland buffers established in the CAO. What is established here will rule in the UMUIV environment but for geologically hazardous areas, streams, etc. in shorelines, those regulations apply. If there are other wetlands along the shorelines, the critical area regulations apply. He summarized it was a complex relationship. Whatever the Council establishes for the buffers and setbacks will apply in the UMUIV environment. Councilmember Tibbott was glad to hear there were very specific guidelines for SMP areas. The City is on the verge of making a commitment to establish a 125-foot buffer around the marsh which in effect is a seizure of property from the property owners. Some of property owners do not care such as BNSF; other owners do care and they are significant stakeholder in how the marsh is managed. For that reason it was very important be clear when a site specific study is done in the future that it can be measured against something very specific. Because the City is asking property owners to surrender a portion of their property for an extended buffer, the City also needs to be clear about the activities they can use to recoup their costs as well as pay for vegetation of the property. In order to recoup the costs, there need to be opportunities such as more taxation or grants to fund revegetation or the possibility of commercial development. (Councilmember Johnson discontinued her participation by phone.) Councilmember Teitzel referred to the interrupted buffer in Option A and C, commenting since stormwater from Harbor Square runs off into the marsh today in at least two places, how can the buffer between the marsh and Harbor Square be considered interrupted. There seems to be a functional connection between the two by virtue of stormwater running directly from the parking lot into the marsh through the levy. Mr. Lien answered that may be the case. Whether there is an interrupted buffer would be determined by a qualified professional. There are some physical connections between the Harbor Square property and the marsh with stormwater pipes. Ecology was looking at the dike between the Edmonds City Council Approved Minutes February 7, 2017 Page 8 Packet Pg. 203 8.1.f Harbor Square property and the marsh and the sheet flow. Due to the stormwater pipes, it may not meet the interrupted buffer requirement but that would be determined by the study. Councilmember Teitzel appreciated the work done to develop Option C and felt it made sense; to consider the full range of options and have a site specific study done. He posed a hypothetical: a site specific study is done when redevelopment is proposed. Based on the conditions on the ground and BAS, the study determines the number should be 75 feet. He personally liked the concept of incentive based zoning where the developer is provided achievable goals such as rooftop raingarden in exchange for some reduction in the buffer. In his hypothetical example where the study determined the buffer should be 75 feet, he asked whether the City could require a buffer of 90 or 100 feet and provide reasonable achievable incentives for the developer to reduce the buffer to 75 feet. Mr. Lien answered the criteria to focus on is no net loss, what development is proposed and the type of mitigation required to achieve no net loss. In Option C, no net loss is the requirement that must be met, not incentives for development to reduce the buffer but the buffer for a specific type of development, given the criteria and what mitigation is required to achieve that no net loss requirement. Councilmember Teitzel suggested the site specific study using BAS and considering all the factors on the ground found 75 feet satisfied no net loss. He asked if there was anything that prevented the City from requiring 90 feet and to provide incentives to the developer to reduce it to 75 feet. City Attorney Jeff Taraday answered that is a complex question; it gets to the fundamental question of whether the City can only regulate to the extent of no net loss which is a point of contention between he and Ecology. A clear answer could not be provided to Councilmember Teitzel's question because there is a dispute regarding that question. Ms. Hope said the other challenge would be having the study done and then changing the rules which would be difficult from a regulatory point of view. Councilmember Nelson asked about the property owners, relaying to his knowledge there was Chevon, BNSF, WSDOT and the Port. Mr. Lien agreed although WSDOT is not yet a property owner. Councilmember Nelson relayed his understanding that typically the developer does the site specific study but they are sometimes peer reviewed and there can be a third party contract where the City selects the contractor. He asked who makes the selection. Mr. Lien answered in peer review, if there are questions with a study's findings, it can be send to another qualified professional for review. With a third party contract, the City selects the consultant and the developer pays for it. Sometimes the director is involved or the City already has professionals on the Small Work Roster. Councilmember Nelson asked about Ecology's role in the site specific process. Mr. Lien answered in all three options, an alternative buffer is allowed with a Shoreline CUP. In that process, the City's Hearing Examiner approves or denies the permit. For a shoreline CUP or variance permit, Ecology has the final say; the Hearing Examiner makes a recommendation to Ecology. Councilmember Teitzel observed a site specific study would be done at the time a redevelopment plan was proposed, not before. Mr. Lien said in order to assess no net loss, there needs to be a development proposal to analyze the post development conditions. Harbor Square and the Unocal property are both master planned development sites; a master plan could be done through the master planning process or via a planned action SEPA. A site specific study could be done at the planning process stage, not a specific development proposal, because the zoning would need to be changed, the master plan prepared but the shoreline CUP and the site specific study would be done on the proposed development or the planned action SEPA. As long as the proposal meets what is described in the planned action, it could proceed. Ms. Hope said conceptually at that stage the design and general configuration and uses are known but not the design detail. Edmonds City Council Approved Minutes February 7, 2017 Nee 9 Packet Pg. 204 8.1.f Councilmember Teitzel recalled hearing during public comment a suggestion to do studies to determine habitat and declining bird species in the marsh. He asked what a study done now would look like, who would pay for it and whether it should be done now in the context of the SMP. Ms. Hope answered any study that would be done now would be paid for by the City as there is no nexus to make someone else pay for a study not associated with a proposed development. A study done now would also not be able to assess the impacts and mitigation options absent a development proposal. Councilmember Teitzel observed if a study was done now and a development proposal was made in three years, there would be a large gap in time. He asked how that would consider pre and post development conditions. Ms. Hope agreed that would be problematic. Council President Mesaros asked Mr. Taraday to comment on Ms. Petso's statement that the Council cannot legally reduce the size of the buffer. Mr. Taraday answered he would rather not comment on it publicly. He suspected this matter will end up in litigation regardless of what happens so it was more appropriate to discuss risks of possible actions in executive session as matter of potential litigation. If a study was done before a development plan, Councilmember Tibbott asked whether it would be in the Port's best interest not to do any improvements such as let non-native vegetation take over and leave the property the way it is until a pre -study is needed. He envisioned any improvement done on that side of the marsh would ultimately count against the Port at the time of development. Ms. Hope said there were probably pros and cons. While one could say over the last many years things have deteriorated in certain areas near the marsh, the information needed is the measure relate to no net loss and what does the scientific information reveals. The area is maintained reasonably well; stormwater is a continuing issue. Meanwhile there are other improvements planned for the marsh that will help improve the quality regardless. Even though there may be some good points about having a study done now, there are also disincentives for doing it now without knowing the potential project. Councilmember Tibbott commented deferring improvements would be advantageous for future developers. Ms. Hope answered maybe, maybe not. Maybe not because what else might occur there to improve condition from the existing conditions is unknown. Councilmember Tibbott envisioned it would be a disincentive to improve the area around the marsh in light of a future site specific study. Ms. Hope answered it could be but it was not guaranteed to be an incentive or disincentive. Mayor Earling declared a brief recess. 3. CITY COUNCIL MEETING FORMAT AND POTENTIAL COMMITTEE STRUCTURE (Councilmember Johnson resumed her participation by phone.) Council President Mesaros explained this is a follow-up to discussion at the retreat where the Council considered reinstating Council committees. He referred to information in the Council packet, advising Legislative/Council Assistant Andrew Pierce, City Attorney Jeff Taraday, City Clerk Scott Passey and he met to discuss the format. The first issue is reaffirming the committees; three are proposed, 1) Finance, 2) Parks, Planning & Public Works, and 3) Public Safety & Personnel. He referred to a draft description of each committee in the Council packet and suggested if the Council agreed with those three committees, each committee could review the draft description and bring it back to Council for final review and approval. Another options would be for the Council to approve the description and the committees could suggest amendments if necessary. Council President Mesaros explained the second issue is how often the committees will meet and the format. He referred to an email from staff with suggestions/ideas, explaining originally, committees met on the second Tuesday of the month. The downside of that option is meeting once a month can cause delays for staff. An option to address that includes not having committees review items if time does not Edmonds City Council Approved Minutes February 7, 2017 Paize 10 Packet Pg. 205 8.1.g • Condition 5 — Monetary Compensation o Westgate has submitted a check for $92,610 which is one-half of the appraised value of the area to be vacated • Condition 6 & 7 - Fire Safety o Acknowledge fire access easement if necessary with future development o Acknowledge rotating of fire hydrant if the vacated 92nd Ave becomes unusable, blocked or removed thereby denying emergency access o Westgate Chapel has acknowledged both of these conditions • Conditions of Resolution of Intent No. 1375 have been met • Draft ordinance in agenda packet to complete the vacation o Staff recommends Council approval of the ordinance COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE ORDINANCE NO. 4061, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, VACATING THAT PORTION OF 92ND AVENUE WEST LYING SOUTH OF 228TH STREET SOUTHWEST AS SET FORTH IN THE RESOLUTION OF INTENT NO. 1375. Councilmember Teitzel referred to a citizen comment expressing concern with the required compensation when vacating the property to the church is beneficial to the public. He asked why the City was requiring compensation to vacate the property, how the amount was determined and if there was precedent for charging for vacations such as this. Mr. Lien answered the City's vacation ordinance allows the City to seek monetary compensation of up to half the assessed value; the State ordinance allows the City to seek full compensation. During the public hearing or adoption of the resolution of intent, he recalled City Attorney Jeff Taraday stating the monetary compensation was one the aspects that made the vacation in the public interest. He displayed how the monetary compensation was determined: • Appraisal based on multi -family as a highest and best use o Pre -vacation ■ 171,191 square feet ■ 114 multi -family units (RM-1.5 zone) ■ Appraised value of $2,166,000 o Post Vacation ■ 191,514 square feet ■ 127 multi -family units (RM-1.5 zone) ■ Appraised Value $2,355,000 o Difference in appraised value of $189,000 0 2281h Street alignment adjustment reduced compensation to $92,000 UPON ROLL CALL, MOTION CARRIED (6-1), COUNCIL PRESIDENT MESAROS AND COUNCILMEMBERS FRALEY-MONILLAS, TEITZEL, NELSON, TIBBOTT AND BUCKSHNIS VOTING YES; AND COUNCILMEMBER JOHNSON VOTING NO. 3. SHORELINE MASTER PROGRAM Mayor Earling advised Council discussion would be limited to 30 minutes. Senior Planner Kernen Lien advised Council has seen three options, two options proposed by Ecology and one prepared by staff. Staff is not seeking a decision tonight, just discussion regarding potential options and an opportunity to respond to Council questions. Councilmember Johnson commented the main problem with the three options presented to Council is they are based on a static analysis, a scientific analysis at a given point in time and do not included the longer range planned improvements for the Edmonds Marsh. It excludes daylighting of Willow Creek, Edmonds City Council Approved Minutes February 21, 2017 Page 19 Packet Pg. 206 8.1.g removal of the tide gate, dredging of a new stream channel, Marina Beach and removal of sediment from the culvert under SR-104. To be useful, any analysis must include a projection of planned improvement for Edmonds Marsh. Option A is based in part on the interrupted buffer concept found in the COA, an exception that was created to allow for the spray pad in City Park for an area that was physically separated and functionally isolated, later called an interrupted buffer. Harbor Square does not fit that categorization. There also appears to be confusion about where the buffer begins. Staff has said for planning purposes, the edge of the manmade berm serves that purpose; however, the State statue refers to high water mark at the edge of the salt tolerant plants which may change over time. It is imperative there be undisputed agreement regarding where the buffer begins to avoid problems in the future. Councilmember Johnson supported having the City Council included in the final determination. The Port has adopted a Harbor Square Master Plan that is inconsistent with the contract rezone and focuses on a disallowed use and heights that are above what is allowed. She questioned why the City Council and Ecology would want a smaller buffer when it is the edges where wildlife live, build nests, find safety and rear their young. She did not support Options A, B or C. The City Council said they wanted a 110 foot buffer and a 15 foot setback and that should be what the Council stands on. Councilmember Tibbott relayed his understanding that if the Council moved forward with the 125-foot buffer/setback, there was no obligation to revegetate the buffer until redevelopment of properties associated with the marsh occurred. He asked what redevelopment plan would trigger the railroad to revegetate the buffer on the west side. Mr. Lien displayed an aerial photograph illustrating the shoreline environments around the marsh. The buffers and setbacks the Council has been discussing apply to the Urban Mixed Use (UMU) IV shoreline environment located on the south and north sides of the marsh and the Willow Creek outlet. Along the City's shoreline there is a parallel shoreline designation for the railroad right-of-way; the railroad right-of-way has its own designation and is not in UMU IV. The opposite side of the railroad is UMU II Shoreline Conservancy follows the Willow Creek outlet and the marsh itself is a Natural Shoreline environment. With regard to when the buffer would be established in the UMU IV environments, in all three options as well as the I I0-foot buffer and 15-foot setback require establishment of the buffer with redevelopment. In this area it will be via a master planning process because the south side of the marsh is an MP2 zone which requires it be developed with a master plan which requires Council review and approval. Any redevelopment of Harbor Square also requires a master plan process. Councilmember Tibbott relayed his understanding there was no obligation to revegetate the buffer on the south or north sides unless there was a master plan process. Mr. Lien clarified redevelopment would trigger revegetation of the buffer. The version that the Council sent to Ecology previously said the buffer has to be established via implementation of the master plan. It could also be voluntarily established by the property owners outside a master plan project. Councilmember Tibbott asked if the City would work with an entity that wanted to voluntarily revegetate the buffer. Mr. Lien answered yes. Councilmember Tibbott summarized the City would work with a property owner who wanted to voluntarily establish the buffer; but there was no obligation otherwise. Mr. Lien said the buffer was only required to be revegetated via implementation of a master plan associated with redevelopment. Councilmember Tibbott asked what would trigger revegetation of the buff on the railroad side. Mr. Lien said there is no requirement in the SMP to establish a vegetated buffer on the railroad side. He found it highly unlikely and was uncertain a vegetated buffer could be establish since he had never even seen a weed growing along the railroad track. Councilmember Tibbott asked if there was a trigger to revegetate the buffer on the east side of the marsh where the highway exists. Mr. Lien explained when the marsh was determined to be a shoreline of state, consideration was given to what portions of the marsh were salt tolerant or tidal influenced. He displayed aerials of the marsh from 1870 to 1964, explaining when the marsh was designated a shoreline of the state which widened the shoreline jurisdiction, consideration was Edmonds City Council Approved Minutes February 21, 2017 Page 20 Packet Pg. 207 8.1.g given to the extent of the salt marsh boundary. He referred to the line that identified the extent of the salt marsh boundary in a survey of the marsh done by WSDOT in 2008 during planning for the Edmonds Crossing project. For planning purposes the boundary was established at the 2006 level that is approximately the same as the marsh survey. The shoreline jurisdiction extends 200 feet landward of the OHWM. Only the western portion of the marsh is a shoreline of the state and the shoreline jurisdictions extends 200 feet beyond that. The rest of the marsh is called an associated wetland. The marsh itself is within shoreline jurisdiction but shoreline jurisdiction does not extend 200 feet beyond the marsh; it ends at the marsh boundary. Development beyond the marsh is subject to critical area regulations and not the SMP. Within shoreline jurisdiction, the SMP rules; outside shoreline jurisdiction, the CAO rules. Councilmember Tibbott asked for example if inside the 200 foot jurisdiction a business in Harbor Square wanted to add a grain tower, would any mitigation would be required assuming it was outside the buffer. Mr. Lien answered given the constraints of Harbor Square's contract rezone, nothing else can be added. To do anything else will require rezoning the property and a master planning process. What exists at Harbor Square now is the extent of what can exist given the contract rezone. Councilmember Tibbott asked about a shade shelter over an existing paved area. Mr. Lien answered the contract rezone and the EIS for the contract rezone evaluated a specific square footage. Development at Harbor Square is already slightly over that square footage so nothing can be added. Councilmember Buckshnis asked whether the new Ecology wetland guidelines address no net loss. David Pater, Ecology, answered yes, that was one of the big differences. Mr. Lien said the wetland guidelines are CAO guidance from Ecology. Critical area regulations are under the Growth Management Act and neither include no net loss criteria and instead have BAS criteria. Whereas the SMA and the SMP criteria includes no net loss, it is a different regulatory regime. Mr. Pater said there is some language in the SMP about equivalency between the two. Councilmember Buckshnis commended Councilmember Johnson for her comments. She agreed with Mr. Scordino's comments about Option D. She cited some of the myriad questions the Council has received from the public: • The Council adopted the SMP and now Ecology is making the Council reexamine it. According to WAC, Ecology is required to accept or reject it. Is Ecology requiring the Council to reopen the SMP and establish new options illegal? • Where is the OHWM? Staff states it is where the marsh begins. Fish/wildlife biologists do not believe that is the edge. Need to have a definition of OHWM in the SMP. Mr. Lien said the definition of OHWM in the SMP is the same definition as exists in the SMA. Councilmember Buckshnis responded some people do not believe the OHWM is at the edge of the marsh • Ensure setback and buffer are defined properly and that there is a buffer and a setback and not a buffer/setback. • The Council should be involved in the development process and the scientific specific study should include daylighting of Willow Creek. Mr. Pater said he and Paul Anderson, Ecology, have exchanged emails with Joe Scordino regarding his concerns and had a conference call Friday about the high water mark. He and Mr. Anderson expressed their position regarding whether these issues are addressed in the Edmonds SMP. One of the challenges is every jurisdiction is expected to use the definition of OHWM in the SMA. That definition applies to a variety of situations in other shorelines including Lake Ballinger. Therefore it is difficult to craft a specific definition. They recommended to Mr. Scordino that the best way to tighten up the definition is to add language within Footnote 18 in the development standards table to focus on specific issues, the determination that will happen whenever a master planning process is triggered. Edmonds City Council Approved Minutes February 21, 2017 Page 21 Packet Pg. 208 Councilmember Buckshnis commented the Edmonds Marsh is not the same as Lake Ballinger; this is in regard to UMU IV and what is included in the future study needs to be specified. There is confusion on the OHWM; the definition is the edge of the salt tolerant plants which may change when the tidegate is removed and Willow Creek is daylighted. Mr. Pater answered that was the challenge with any restoration redevelopment; a lot of things may occur in the next 10-20 years around the Edmonds Marsh that could make it a much different place and improve ecology functions. Whenever those projects are triggered, the existing conditions need to be blended into what may be happening in the future but it shouldn't keep projects to improve the marsh from moving forward. Mr. Pater said when definitions that apply across the board are altered, they could be altered to address one thing but in the future that definition could create a problem for another project. Councilmember Buckshnis pointed out this relates specifically to UMU IV. She agreed there could be problems with changing the definition but feared there could be problems on the other side related to size of the buffer. Mr. Pater suggested the Council determine the appropriate places in the SMP to be specific whether in the environment specific regulations or within Footnote 18. From a regulatory and implementation standpoint, local planners need to be able to readily find that information; it would be easier to find if it were more targeted to the areas of the SMP that are specific to the Edmonds Marsh. Councilmember Teitzel shared the concern about the uncertainty with the OHWM as a point for measuring the buffer. In addition to the potential changes mentioned, other events will increase saltwater intrusion into the marsh such as sea level rise and King Tides. He supported considering the edge of the berm as a starting point for measuring the buffer. He was aware that did not specifically comply with the WAC and asked if an exception could be created due to the unique situation in the marsh. Mr. Pater answered there is an opportunity to craft additional language that recognizes the uniqueness of the marsh including the overlap of fresh and salt water. Whenever a master planning process is triggered, the scientist conducting the site specific study will be considering a snapshot in time. He acknowledged the marsh was one of the more complex high water mark determinations in the City. He and Paul Anderson are comfortable with adding language to clarify that in the context of what is specific to the Edmonds Marsh, not the OHWM definition. Mr. Lien cautioned the marsh is a big issue with regard to UMU IV but there is also the Willow Creek outlet. Councilmember Teitzel observed the 110-foot buffer and 15-foot setback have been debated a great deal. That buffer and setback is based on June 2016 Ecology guidance which was based on best available science at the time. That is not specific to the Edmonds Marsh and applies general statewide guidance to a unique situation. He supported moving ahead with a site specific requirement and favored Option B to determine what the buffer and setback should be to improve the function of the marsh. Council President Mesaros commented he enjoyed listening to the discussion and looked forward to further discussion at the March 7 meeting. Councilmember Fraley-Monillas said she had no further comments and was tired of the repetitiveness of the discussion. Councilmember Tibbott asked who was responsible for stormwater at Harbor Square and on SR-104 under the current regulations. Mr. Lien answered he was not 100% sure as the stormwater in that area was complicated and responsible parties include WSDOT, the City, Harbor Square, etc. 9. MAYOR'S COMMENTS Mayor Earling reported he was in Olympia last week at the AWC Conference. While he was there, both parties in both houses were beginning to polarize their talking points for the budget process. He met with Edmonds City Council Approved Minutes February 21, 2017 Page 22 Packet Pg. 209 8.1.h o Incorporated Verdant bike lane project for economy of scale • Project out to bid February 2017 o Opened bids March 2 o Received 5 bids, ranging from $4.43 million to $6.5 million o Engineer's estimate was $6.15 million (scope of work increased to include Verdant bike lane project) o Low bidder: Marshbank Construction who did Five Corners roundabout project o By comparison if the bike lane portion was removed from project, Marshbank's bid was $3.89 million, the same as the original engineer's estimate (without the bike lane project), a difference of $1.2 million from the June 2016 low bid • Staff reviewed bid documents and submitted to the State. o Expecting State concurrence by end of week. • Intent to bring the project back to Council next week with a recommendation to award the bid • Total project cost with bike lanes, soft costs and construction management and 10% management reserve approximately $6 million • Available funding $7.8 million • Staff will evaluate how the grants fit the work and provide that information to Council next week • Staff recommends bringing the project back to Council for further discuss and recommendation to award at next week's meeting Public Works Director Phil Williams explained the new/replaced impervious surfaces built as part of the project requires compliance with stormwater regulations, requiring a sizable contribution from the Stormwater Fund for this project. With the additional grant resources, it may be possible to reduce the contribution from the Stormwater Fund. He commented this project provided an interesting lesson on the timing of going out to bid; bidding this project earlier in the year worked out well. He recognized Transportation Engineer Bertrand Hauss for obtaining the $2 million grants. It was the consensus of the Council to schedule this item on next week's agenda. Mayor Earling declared a brief recess. 2. SHORELINE MASTER PROGRAM 3. COUNCIL PROPOSED OPTION D TO THE SHORELINE MASTER PROGRAM Mayor Earling advised this item would be limited to 30 minutes. David Pater, Department of Ecology, was present to answer questions. Senior Planner Kemen Lien explained this is continued discussion on the Shoreline Master Program (SMP). Department of Ecology provided two options for Council consideration, A) based on interrupted buffer, and B) allowing a reduced buffer with a site -specific study. Staff developed Option C, a hybrid of Options A and B and an Option D has been proposed that will be presented by Councilmember Buckshnis. A public hearing is scheduled on March 21; tonight's discussion is intended to frame what will be considered at the public hearing. Councilmember Buckshnis introduced Joe Scordino, retired fisheries biologist, formerly with NOAA, who assisted her with developing Option D. Councilmember Teitzel raised a point of order. He said his comments were not meant to be pejorative to any party. He had significant concerns about the process by which Option D has been developed and brought forward. He had great respect for Mr. Scordino and appreciated what he has done and continues to do in support of the local environment. However, Mr. Scordino does not represent the City of Edmonds Edmonds City Council Approved Minutes March 7, 2017 Page 14 Packet Pg. 210 8.1.h or Edmonds City Council; he represents a special interest group, Save Our Marsh, and in that capacity, has worked directly with Ecology to Option D. Mr. Scordino's February 24, 2017 email to Ecology includes his complete draft Option D, nearly identical to Option D outlined in the Agenda Memo for Item 8.3. Since Option D was developed and negotiated with Ecology by a special interest group authorized to represent neither the City nor the City Council, he said Option D was out of order. Following a ruling on the point of order, he was prepared to make a motion. Mayor Earling asked City Attorney Jeff Taraday for advice on ruling on the point of order. Mr. Taraday said there is no requirement that proposed legislation come from any particular source. Individual Councilmembers can draft it on their own, they can draft it with constituents or work with City staff. He recommended the point of order be overruled by the Chair. Mayor Earling overruled the point of order in accordance with Mr. Taraday's advice. Councilmember Buckshnis said regardless of the fact that Mr. Scordino wrote to Mr. Pater and Mr. Lien as one of her constituents and her scientific expert, she was always in the loop and offered opinions with regard to how Option D was framed. She presented the Option to the SMP: • At 2/21/17 meeting, Council Members Johnson and Buckshnis publicly stated that an additional option might be warranted. • Mr. Scordino, (a retired fisheries biologist) stated during public comment that an Option D was needed to address all the public concerns. • Many citizens commented about need for specificity in the site -specific study to provide unbiased information for future Councils and developers in the Urban Mixed Use IV area (UMU IV). • Council Member (CM) Buckshnis decided to work with Mr. Scordino on a DRAFT Option D. • Elaborate and detailed process using scientists to scientists for an option D ensues. (Thank -you DOE and Mr. Lien for working with us. Emails are attached.) • Simple Reason — why muddy the water when non-scientists start adding comments. • CM Buckshnis and Mr. Scordino discuss and finalize Option D based on email comments. • This option has a fixed II0-foot buffer for the UMU IV area at the Edmonds Marsh unless amended by the Council. • To ensure an unbiased and comprehensive study, the details for the conduct of the scientific site - specific study are specified in an Appendix C to the SMP. • The option clarifies the 110-foot buffer or alternate buffer (if approved by Council) start at wetland edge and the buffers would not be reduced or exempted by any SMP or CAO provisions (e.g., Appendix B or 24.40.020). • This option clarifies that the "buffer" is separate from the "setback" for structures, and that the 15-foot setback starts at the outer edge of the buffer. • This option has fixed 110-foot buffer for the UMU IV area at the Edmonds Marsh unless amended by the Council • To ensure an unbiased and comprehensive study, the details of the conduct of the scientific site specific study are specified in an Appendix C to the SMP 1. Modify the 24.40.090 Shoreline Bulk and Dimensional Standards table and the footnote 18 which will follow [notice `buffer' line added]: Shoreline Development horeline Area Designation Vrban Mixed Use IV 11 Other Commercial and Light Industrial Development Shore Setback 15 Buffer 11018 [Recreation Edmonds City Council Approved Minutes March 7, 2017 Page 15 Packet Pg. 211 8.1.h 2. 0 4. Shore Setback 15 Buffer 11018 Residential Development Shore Setback NA Buffer NA Transportation and Parkin Shore Setback 15 Buffer 11018 11 Other Development Shore Setback 15 Buffer 11018 • Footnote 18: o The UMU IV environment has a 110-foot buffer that starts at the outer edge of the Edmonds Marsh where the presence and action of waters are common and usual or at the wetland/upland edge. o A 110-foot vegetated buffer is required to be established when an approved master planned development is implemented on the north or south side of the Edmonds Marsh. o On the west side of the Marsh, a vegetated buffer will be required between the railway right- of-way and the west edge of the Marsh if railroad tracks are added or modified in the railway area. o The Council may establish an alternate buffer width at the time of an approved master plan for development if the alternate buffer width is derived from a rigorous site -specific scientific study (specified in Appendix C) to determine the buffer necessary to protect properly functioning wetland/tideland habitat and its associated ecological functions. o When determining an alternate buffer derived from the site -specific study, the Council will adhere to the legal standards of the Shoreline Management Act and State guidelines. o The conduct of the scientific site -specific study will be in conformance with Appendix C to the SMP. o No buffer reductions or exemptions will apply to the I I0-foot buffer or alternate buffer for this UMU IV area Modify the definition of setback in 24.90.050 (A) to be: 24.90.050 A. "Shore setback" or "setback" means the minimum distance between a structure or use from the outer edge of a buffer, or from the edge of the shoreline if no buffer is required. Delete all CAO provisions that may reduce or exempt the SMP buffer for the Edmonds Marsh in Appendix B and/or in Section 24.40.020 of the SMP. This would include deleting in Appendix B sections 23.50.040 (G)(1) to (4) [Wetland Buffer Modifications], 23.50.040 (I) [Additions to structures], and 23.40.220 (C)(4) [Interrupted wetland buffer]; and 24.40.020 (F)(2)(e) [Additions to structures] . Add the following Appendix C to the SMP: Appendix C. Scope of Work for Site -Specific Scientific Study at the Edmonds Marsh [key points shown below] • The site -specific study, by professionals with field experience in wetland and wildlife science, is to provide comprehensive, site -specific scientific information that the Council will need to consider in approving an alternate buffer width for the Edmonds Marsh. • A report on the study results will be peer reviewed by at least three independent scientists having wetland/wildlife expertise before the report is presented to the Council and the public. • Wetlands and marshes provide three broad ecological functions that will each need to be evaluated by the site -specific study: 1) Biogeochemical functions; 2) Hydrologic functions and 3) Food web and habitat functions (more specifics provided in text). Edmonds City Council Approved Minutes March 7, 2017 Page 16 Packet Pg. 212 8.1.h • Buffers provide for the protection and maintenance of wetland functions; thus the site -specific study will need to evaluate buffer widths adjacent to the Edmonds Marsh that will ensure effective buffer functions (and a long list is included) • Each of these buffer functions should be evaluated against past, present and projected future ecological functions of the Marsh as affected by proximity of development and/or other human activities, as well as future restoration efforts (e.g. Willow Creek Daylighting). • Because of the uniqueness of the Edmonds Marsh and the diversity of wildlife species that it supports, the site -specific study should include special focus on the life needs of the wildlife that use the Edmonds Marsh. • Because species' needs vary, the evaluation of wildlife needs for buffer zones should include: 1) Refuge/shelter; 2) Food; 3) Breeding habitat; 4) Nesting materials; and 5) Screening/distancing wildlife from human activities. • Assessing the Marsh's ecological function to provide habitat and food web for wildlife is the most critical component of this study for evaluating site -specific buffer widths that will preserve/protect ecological functions. Councilmember Buckshnis recommended adding Option D to the current work regarding the SMP for proper vetting and deliberation. Council President Mesaros referred to the addition to Appendix C, "Each of these buffer functions should be evaluated against past, present and projected future ecological functions of the Marsh as affected by proximity of development and/or other human activities, as well as future restoration efforts (e.g. Willow Creek Daylighting)" and asked if that meant if the scientific study said daylighting Willow Creek should not be done, then it would not be daylighted. Councilmember Buckshnis said the Willow Creek Daylighting project is at 60% design. Mr. Scordino explained this statement means if anticipated changes are occurring in the marsh such as the Willow Creek daylighting, the study must take into account how that will affect ecological functions in the marsh as well as any other activities that may occur such as development. Using Willow Creek daylighting as an example, Council President Mesaros asked who decides if the daylighting go forward. Councilmember Buckshnis said the Council decides. Council President Mesaros said in reading this statement, a future restoration project may end up harming the balance within the marsh. Mr. Scordino clarified this statement is about evaluating functions against past, present and projected future functions, not that an activity can/cannot occur. If the saltwater was negatively affecting the ecological functions of the marsh, that would be noted in report. The report is a comprehensive review and evaluation of the ecological functions of marsh; the Council will use the report to make its decision. The report will not identify the buffer width; it will identify aspects that science revealed in the study that need to be considered in determining the final alternate buffer width. Councilmember Tibbott said Option D represents a vision for what the marsh could become and was a curious amalgamation of information. It represents a vison for the marsh but other parts of the community have not been involved in the vision statement. He felt Option D put the cart before the horse, particularly Appendix C. He asked for clarification that the 110-foot buffer was established on best available science (BAS). Mr. Lien answered the 110-foot buffer is from Ecology's 2016 Guidance on Critical Areas. In response to Councilmember Tibbott's reference to putting the cart before the horse, Councilmember Buckshnis said she has thousands of emails and public comments on this topic. Option D is an attempt to provide exactly what a future Council will need to make a decision. She referred to the amount of time she, the Council, Mr. Pater and Mr. Lien have spent on the SMP. Edmonds City Council Approved Minutes March 7, 2017 Page 17 Packet Pg. 213 8.1.h Councilmember Tibbott said there the studies in Appendix C put forth a vision for more wildlife and more habitat than may/may not currently exist. Councilmember Buckshnis said it does exist. Councilmember Tibbott asked if it was already known that certain wildlife exists and that they need expanded habitat. Councilmember Buckshnis said per Dr. Alan Meares, there are 191 species of birds. Councilmember Tibbott asked if those birds need more habitat than currently exists and whether additional habitat would increase the number of species. While he appreciated the habitat studies in Appendix C, he did not think it was appropriate to specify habitat studies in the document because other habitat studies may need to be conducted or it may be appropriate have architectural design studies. He summarized Appendix C goes too far and puts the cart before the horse. Mr. Scordino explained the purpose of the site -specific study is to provide scientific information to the City Council regarding the appropriate buffer width for the Edmonds Marsh. Councilmember Tibbott said if the 110-foot buffer was BAS, why was a site -specific study needed. Councilmember Buckshnis said Ecology provided two options which opened the door for this option. The City provided Option C, she was providing Option D. Councilmember Teitzel said everyone agrees a site -specific study should be unbiased. However he was concerned that Option D Appendix C specifies the site specific study will need to reference and utilize the seven studies in the methodology analysis for evaluating buffer widths on each edge of the Edmonds Marsh. The unbiased vendor selected for the site specific study may/may not want to reference those studies. He was concerned the seven specific studies may steer the results of the study in a certain direction and may not be truly impartial. Councilmember Buckshnis said the language could be revised to state "but not limited to." Her intent tonight was to determine whether the Council wanted to add Option D to the public hearing and deliberations. Councilmember Teitzel emphasized whatever happened, the overarching goal should be an unbiased study. Councilmember Fraley-Monillas commented the specifics would be discussed at a later date. She assured Councilmember Tibbott, Council President Mesaros and Councilmember Teitzel could not be convinced to embrace Option D. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO INCLUDE OPTION D FOR THE PUBLIC HEARING. Councilmember Nelson commented all the options have a default buffer of approximately 110 feet; where the options deviate is the requirements to reduce the buffer. To the earlier comment about the Willow Creek Daylighting, he pointed out the definition of restoration is to enhance the ecological function. He expressed support for the motion. Council President Mesaros expressed surprise that Councilmember Fraley-Monillas knew how he would vote. He supported including Option D for consideration. He agreed with Councilmember Nelson that this discussion was not what the buffer should be, there was a universal sense that 110 feet and 15-foot setback was appropriate, the issue was the portion of the marsh that borders Harbor Square. It has always been his contention that a 25-foot buffer is almost guaranteed due to the placement of the buildings and he found it difficult to vote for something that guaranteed a 25 foot buffer. He was eager to consider the four options and was keeping an open mind regarding which option would best serve the City. Councilmember Fraley-Monillas apologized for making an assumption based on the letter sent to Ecology. She was pleased that Council President Mesaros was interested in considering Option D. Councilmember Teitzel offered an amendment to Footnote 18 related to Option C that addresses many of the issues and concerns that the Friends of the Marsh have expressed, clearly defines where the buffer starts and ends, requires Council preapproval of the vendor to complete the site -specific study, discusses how the study would be part of the CUP process, outlines factors to be add addressed in the study without Edmonds City Council Approved Minutes March 7, 2017 Page 18 Packet Pg. 214 8.1.h interjecting bias. Councilmember Fraley-Monillas raised a point of order, pointing out the motion was in regard to including Option D in the public hearing. Councilmember Teitzel agreed to hold his comment. MOTION CARRIED (6-1), COUNCILMEMBER TEITZEL VOTING NO. Councilmember Buckshnis invited amendments to Option D, noting Mr. Pater and Mr. Lien have raised some issues that will be addressed. She clarified Mr. Scordino was representing himself, not Save Our March. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD AN AMENDED FOOTNOTE 18 RELATED TO OPTION C TO THE SHORELINE MASTER PLAN. SMP. Copies of the amended Footnote 18 were distributed to Council and Councilmember Teitzel read the amended Footnote 18: Within the Urban Mixed Use IV environment, a default 110 foot vegetative buffer is required to be established when an approved master planned development is implemented on the north or south side of the marsh in addition to a 15 foot setback from the landward edge of the vegetative buffer for a total default margin (buffer and setback combined) of 125 feet. The vegetative buffer shall begin at the edge of the wetland boundary of the Edmonds Marsh (e.g., the waterward edge of the existing earthen berm at the margins of the Marsh) and/or the Willow Creek outlet of the marsh. An alternative buffer width may be established after an impartial and comprehensive site -specific environmental study of Marsh ecological and wildlife habitat functions is completed to assess the effects of a redevelopment proposal (note: Edmonds City Council shall preapprove the vendor selected by the developer to perform the study) . The study results must be approved as a component of the shoreline conditional use permit review when the redevelopment proposal is considered. The alternative buffer must result in no net loss of shoreline ecological functions and values. Existing conditions shall be used as the baseline for assessing no net loss and the site -specific environmental study shall address hydrologic factors, geologic factors, and the existing and potential wildlife habitat of pre and post development conditions. The alternative buffer shall be no less than 50 feet, and the 15 foot setback will be incremental to the buffer. Pursuant to WAC 173- 26-201(2)(e), the default buffer may be increased if the analysis of environmental impacts indicates that an increase is necessary to assure no net loss of shoreline ecological functions. The buffer established pursuant to the site -specific scientific study outlined above may not be reduced unless fully supported by an updated site -specific scientific study. The default II0 foot buffer may be established in the absence of a master planned redevelopment through a standalone restoration project. Councilmember Buckshnis asked if the amendment separated the buffer from the setback. Councilmember Teitzel answered yes. Councilmember Buckshnis said that would require additional language. Councilmember Teitzel clarified the setback would be incremental to the buffer. Councilmember Buckshnis observed the buffer would be 110 feet and the setback would be 15 feet. Councilmember Fraley-Monillas asked what the statement, the alternative buffers shall be no less than 50 feet and the 15-foot setback will be incremental to the buffer, meant. Councilmember Teitzel answered that meant the buffer starts at the waterward side of the earthen berm on the north side and 15 feet was landward of the 50 feet for a total of 65 feet. Councilmember Johnson asked if the amendment was only for the purpose of the public hearing. Councilmember Teitzel said this would amend the footnote in Option C and if adopted, would obviate the need for Option D. Councilmember Buckshnis disagreed, pointing out the definition of setback and buffer would need to be modified which was not included in amendment. If that was not done, she would not support the amendment. Councilmember Buckshnis clarified Option D includes modifying the definition of setback consistent with Ecology. Edmonds City Council Approved Minutes March 7, 2017 Page 19 Packet Pg. 215 8.1.h Councilmember Teitzel suggested the Council adopt the amendment and it could be further amended after the public hearing. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS NELSON AND TEITZEL AND COUNCIL PRESIDENT MESAROS VOTING YES; AND COUNCILMEMBERS JOHNSON, FRALEY-MONILLAS, BUCKSHNIS AND TIBBOTT VOTING NO. 4. INITIATION OF REZONE FOR PROPERTY UNDER CONTRACT REZONE R-97-28 (CONTRACT RS-8 TO RS-12) Senior Planner Kernen Lien displayed a map of area, identifying the site in Perrinville across from the Post Office and a City owned parcel. He described: • Site history: 0 1996: Street Map Amendment and Street Vacation (ST-96-77 and ST-96-78) 0 1997: Contract Rezone (R-97-28) RS-12 to RS-8 0 2001: City Initiates Rezone from RS-8 back to RS-12 (R-01-168) ■ Settlement Agreement for PRD Submittal 0 2004: Site designated Single Family - Resource 0 2005: Angler's Crossing Plat/PRD (P-05-136 and PRD-05-137) 0 2017: Subdivision expired January 2017Changes since 1997 Changes since 1997 o Planned Residential Develop Code Changes ■ Requires 10% Usable Open space ■ Cannot count critical areas for usable open space requirement o Comprehensive Plan ■ Single Family — Resource ■ Compatible Zones — RSW-12, RS-12 and RS-20 ■ Current RS-8 zoning inconsistent with Comprehensive Plan Mr. Lien displayed a Comprehensive Plan map identifying the Single -Family - Resource, Single Family - Urban 3 (RS-10) and Single Family — Urban 1 (RS-8) designations. He reviewed: • Procedural history was for a specific development that has expired • Changes to the development code • Changes to Comprehensive Plan make RS-8 not consistent • Recommend initiating rezone from contract RS-8 back to RS-12 • Current property owner amenable to a rezone Development Services Director Shane Hope clarified the Council was not deciding tonight whether to approve the rezone, only whether to start the process. The process includes review and public hearing by the Planning Board and a recommendation to the City Council who makes final decision. Councilmember Fraley-Monillas asked the difference RS-8 and RS-12. Mr. Lien explained RS is single family residential, RS-8 is a 8,000 square foot minimum lot size and RS-12 is a 12,000 square foot minimum lot size. Councilmember Buckshnis asked if the CAO required 30% native vegetation in RS-12. Mr. Lien answered that was a requirement in RS-12 and RS-20 but not in RS-8. Councilmember Tibbott asked why RS-20 was not considered for that area due to the topography. Mr. Lien displayed a map illustrating the zoning for the surrounding areas; RS-8, RS-10 and RS-12. A rezone Edmonds City Council Approved Minutes March 7, 2017 Page 20 Packet Pg. 216