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2016-04-12 City Council - Full Agenda-1646�� Op LDA4�y o Agenda Edmonds City Council „c. ,y90 COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 APRIL 12, 2016, 7:00 PM CALL TO ORDER/FLAG SALUTE 1. ROLL CALL 0 4. 5 6 7 8 9 APPROVAL OF THE AGENDA APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes of April 5, 2016 2. Approval of claim, payroll and benefit direct deposit, checks and wire payments. 3. Acknowledge Receipt of Claim for Damages from Suzanne O. Meagher ($1,161.41) 4. Resolution implementing the Civic Field Street Vacations Process PRESENTATIONS/REPORTS 1. Cemetery Board Presentation (10 min.) 2. Citizens' Tree Board Annual Report and 2016 Work Plan (15 min.) 3. Legislative Update (15 min.) 4. Presentation on Sustainable Cities Partnership (20 min.) AUDIENCE COMMENTS (3 MINUTE LIMIT PER PERSON)* *REGARDING MATTERS NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS PUBLIC HEARINGS. STUDY ITEMS 1. Contract with Progressive Animal Welfare Society (PAWS) for Kenneling Service (10 min.) 2. Indemnification and Hold Harmless Agreement - Animal Control Officer (5 min.) 3. 2016 1st Quarter Budget Amendment (20 min.) 4. National Citizen Survey Update (15 min.) 5. Downtown Restroom Budget Authorization (15 min.) 6. Recreation & Conservation Office (RCO) Grant Resolutions (10 min.) 7. Snohomish County ILA Amendment No 3 (10 min.) 8. Critical Area Ordinance Update (75 min.) MAYOR'S COMMENTS COUNCIL COMMENTS CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(1). Edmonds City Council Agenda April 12, 2016 Page 1 10. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. ADJOURN Edmonds City Council Agenda April 12, 2016 Page 2 3.1 City Council Agenda Item Meeting Date: 04/12/2016 Approval of Council Meeting Minutes of April 5, 2016 Staff Lead/Author: Scott Passey Department: City Clerk's Office Initiated By: Background/History N/A Staff Recommendation Approval of draft Council Meeting Minutes on the Consent Agenda. Narrative Draft Council Meeting Minutes are attached for Council review. Attachments: 04-05-16 Draft Council Meeting minutes Packet Pg. 3 3.1.a EDMONDS CITY COUNCIL DRAFT MINUTES April 5, 2016 The Edmonds City Council meeting was called to order at 7:05 p.m. by Mayor Earling in the Council Chambers, 250 5t1i Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Kristiana Johnson, Council President Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Thomas Mesaros, Councilmember Neil Tibbott, Councilmember STAFF PRESENT D. Compton, Police Officer Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir Scott James, Finance Director Rob Chave, Planning Manager Bertrand Hauss, Transportation Engineer Kernen Lien, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder Mayor Earling apologized for unanticipated disruptions of the broadcast of the government access channels, Comcast channel 21 and Frontier channel 39, due to upgrades to the audio-visual system in Council Chambers installed during the past ten days. He cautioned there may be logistical issues as the Council gets used to the new system tonight and as additional features are added over the next few weeks. He asked the audience's patience as the Council gets used to the new and improved system. 1. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 2. APPROVAL OF AGENDA COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO AMEND THE AGENDA TO ADD CONSIDERATION OF A SETTLEMENT AGREEMENT RELATED TO A CONDEMNATION ACTION AT THE CORNER OF 76TH AVENUE AND 212TH STREET. MOTION CARRIED UNANIMOUSLY. Council President Johnson suggested the additional item be added between Agenda Items 7A and B. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF CONSENT AGENDA ITEMS Edmonds City Council Draft Minutes April 5, 2016 Page 1 Packet Pg. 4 3.1.a COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF DRAFT CITY COUNCIL MEETING MINUTES OF MARCH 22, 2016 B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF JANUARY 26, 2016, FEBRUARY 9, 2016, FEBRUARY 23, 2016, AND MARCH 1, 2016 C. APPROVAL OF CLAIM CHECKS #219083 THROUGH #219179 DATED MARCH 24, 2016 FOR $385,169.60 (REISSUED CHECK #219125 $130.00) AND CLAIM CHECKS #219180 THROUGH #219314 DATED MARCH 31, 2016 FOR $454,672.86 (REISSUED CHECK #219282 $123.60) D. FEBRUARY 2016 MONTHLY BUDGETARY FINANCIAL REPORT E. AUTHORIZE THE MAYOR TO SIGN FUNDING AGREEMENT WITH PUBLIC HOSPITAL DISTRICT NO. 2, SNOHOMISH COUNTY, WASHINGTON TO PROVIDE THE 2016 HEALTH & FITNESS EXPO F. AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH BHC FOR DAYTON ST. UTILITY REPLACEMENT (3RD TO 9TH AVE) G. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH MURRAY, SMITH & ASSOCIATES FOR FIVE CORNERS RESERVOIR RECOATING H. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE CITYWIDE CIPP SEWER REHABILITATION PROJECT TO INSITUFORM TECHNOLOGIES I. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE 191ST STREET SW AND 216TH ST. DRAINAGE IMPROVEMENTS PROJECT TO AGR CONTRACTING J. BUDGET AUTHORIZATION FOR FEDERAL LOBBYIST/STRATEGIST SERVICES K. CONFIRMATION OF APPOINTMENT OF VIVIAN OLSON TO THE CITIZENS' TREE BOARD 4. PRESENTATIONS/REPORTS A. COMMUNITY TRANSIT CHOICE CONNECTIONS AWARD PRESENTATION Mayor Earling explained Community Transit makes a series of awards every year; this year Edmonds was selected as Employer of the Year. He read Community Transit's presentation: The City of Edmonds is a shining example of the worksite transportation program. The City sponsors a successful bike to work day commute station and had outstanding participation in the bike month challenge last year. The City worked hard to surpass its established worksite goals. During the second quarter of 2015 Edmonds saved more than 800 gallons of gas and prevented 16,000 pounds of carbon dioxide emissions. For that reason and consistency though the year, Edmonds was awarded Employer of Year. He presented the award to Transportation Engineer Bertrand Hauss. Mr. Hauss explained the City has been involved in the commute trip reduction incentive program for the last couple years. Approximately 21 employees participated in 2015; participants use an alternate mode of Edmonds City Council Draft Minutes April 5, 2016 Page 2 Packet Pg. 5 3.1.a transportation to commute to work at least eight times during the month such as carpool, bike, walk or use transit. During 2015 the City offered three raffle prizes every month throughout the year. Based on a comparison with other employers in Snohomish County with over 100, the City had the highest reduction in emissions or reduced the highest number of commute trips. He anticipated increased participation in 2016; the City secured a $2500 Community Transit grant and the City budgeted $1000 for a total of $3500 to provide incentives. Mayor Earling directed Mr. Hauss to hang award in his office. B. PLANNING BOARD UPDATE Planning Board Chair Phil Lovell introduced Vice Chair Carreen Nordling Rubenkonig and Board Member Val Stewart. As there are several new Councilmembers and Planning Board Members, his report was divided into administrative and activities. He presented the administrative portion of the report: • Organization o Board meets second and fourth Wednesday of each month at 7 p.m. o Board Members as of February 23, 2016 ■ Phil Lovell (Chair) ■ Carreen Nordling Rubenkonig (Vice Chair) ■ Matt Cheun ■ Todd Cloutier ■ Nathan Monroe ■ Daniel Robles ■ Valerie Stewart ■ Alicia Crank (Alternate) ■ Sam Kleven (Student Rep) Characteristics o Members represent a broad variation in: ■ Background ■ Geographic location within the city ■ Experience ■ Issue concentration o Board acknowledges the high level of professionalism and assistance from City staff in all matters of research, presentation and work o Liaison closely with Park and Recreation and Arts, CEDC, Mayor, Council, and other city organizations as warranted o Board received training via City legal counsel regarding ■ Appearance of Fairness Doctrine ■ Quasi-judicial process ■ Public Records Act provisions Chair Lovell reviewed the activities portion of the report: • Land Use o Local lot rezone, 751h & 76t' Avenue, RS-20 to RS-12 ■ Recommended — moved to City Council and subsequently approved o Notice of Application reconciliation between ECDC 20.03.002B.2 and RCW 36.70B.110 ■ Recommended, moved to Council and subsequently approved o Related: Parking requirements in RS zones addressing issues regarding provisions and enforcement ■ Recommendations forwarded to Council with interim provisions subsequently enacted Parks & Recreation o Department Director Carrie Hite briefed the Board on status of programs and projects including: Edmonds City Council Draft Minutes April 5, 2016 Page 3 Packet Pg. 6 3.1.a o Acquisition of Civic Field o Marina Beach Park o Arts and Cultural Services o Local parks projects and improvements o Veterans Plaza scope and plans o Long range plans and potential program: Reports and Updates o Highway 99 Subarea Study (consultant: ■ Land use analysis ■ Transportation data ■ Economic evaluations ■ Redevelopment opportunities ■ Scenario planning ■ Local and stakeholder interface o Edmonds City Code and Community Fregonese Assoc) Development Code Update Process (consultant: Makers) ■ Reviews of process, schedule, and progress [2] ■ Briefing and attendance at two public workshops/open house including review of specific DRAFT language for sections on lot subdivisions and signage ■ Organizational formatting: Titles 15 through 23 ■ Definitions of next steps [largely anticipated in 2016] ■ Allocation of consultant vs. city staff resources o Capital Facilities Plan [CFP] and Capital Improvement Program [CIP] ■ Reviewed 2016-2021 updates and recommended to Council for adoption o Waterfront Access Study Update - Board briefed on progress to date by task force member ■ Purpose and needs ■ Task force organization ■ Scope definition and concept evaluation process (reflecting input from two public briefings/workshops to date) ■ Overall study schedule o Growth in Edmonds - Development Services Director Shane Hope briefed on aspects of anticipated growth in the City with strategies toward ■ Minimizing environmental impact ■ Improving mobility ■ Making efficient use of urban land ■ Board undertook discussion at recent retreat [Mar. 9, 20161 regarding growth strategies with emphasis on different housing opportunities with the goal of accommodating a diversity of population Councilmember Tibbott expressed appreciation for the work the Planning Board does and for Chair Lovell attending the Highway 99 Task Force and his involvement in the At -Grade Crossing Task Force. He asked whether during its deliberations the Planning Board encountered any need for clarification or direction from the City Council. Chair Lovell responded the most important thing between the two is communication. He and Vice Chair Nordling Rubenkonig have periodic meetings with the Mayor and he communicates with the Council President with regard to upcoming issues. A lot of what Planning Board undertakes is the result of action that occurs within the City or land uses. The Planning Board reviews information and studies, deliberates, reaches a consensus and makes a recommendation to the City Council. Council President Johnson echoed Councilmember Tibbott's comments and looked forward to working with the Planning Board on a regular basis. She asked what came out of the Planning Board's retreat, Edmonds City Council Draft Minutes April 5, 2016 Page 4 Packet Pg. 7 3.1.a whether they clarified any issues or priorities. Chair Lovell answered the retreat included briefings from legal counsel regarding ethics and public meeting protocol such as conflict of interest, etc. The Planning Board is very interested in responsible growth as a subject; the City will be asked to accommodate approximately 5,200 residents in the next 15-20 years and additional employment. As Edmonds is fully built out, there are few opportunities for redevelopment in Edmonds. The Planning Board would like to consider opportunities in Five Corners and Highway 99. The Planning Board recommended to the Highway 99 consultant conducting a survey of the property owners regarding their thoughts, hopes, desires and long and short range plans for their property and opportunities for creating synergy. He concluded the Planning Board's primary interests are growth and housing. Council President Johnson asked Vice Chair Nordling Rubenkonig her thoughts. Vice Chair Nordling Rubenkonig responded the Planning Board benefits from Chair Lovell's leadership, contacts within the community and wealth of experience. During the retreat, the Planning Board looked at a zoning map of Edmonds in an effort to gather information and to determine each person's understanding of the housing issue. Council President Johnson expressed appreciation for the leadership Chair Lovell provides and the work the Planning Board does, noting the Planning Board serves a vital function looking at land use as well as serving as the City's Parks Board. Councilmember Buckshnis echoed Councilmember's thanks for the Planning Board's work. She was hopeful the code update could be completed before undertaking other tasks as the City continues to hear about difficulties with the code. She asked whether the Planning Board had experienced an increase in interest from citizens since the City began videotaping Planning Board meetings last year. Chair Lovell responded it depends on the issue; there is a lot of interest in issues such as signage or significant rezones. He summarized the videotaping had not necessarily changed the public's participation although it was unknown how many people watch the meetings. Councilmember Buckshnis recalled joint Planning Board and City Council meetings in the past and suggested scheduling another one as some issues from the Council retreat are Planning Board related. She recalled in the past the City Council was criticized when the Planning Board considered an issue and when it came to the City Council, the Council shut it down, for example was development agreements. A joint meeting will ensure the Planning Board and City Council are on the same page. She enjoyed reading the Planning Board's minutes and also watches the video. Chair Lovell relayed the Planning Board's support for a joint meeting. Councilmember Teitzel commented affordable housing and homelessness are not unique to Edmonds and are shared by neighboring cities. He asked to what extent the Planning Board reaches out to Planning Boards in other cities on such issues. Chair Lovell said the Planning Board receives updates regarding what is happening in other jurisdictions but has not reached out specifically regarding affordable housing or low cost housing. In reviewing Snohomish County's program, the major impetuous of their efforts appear to focus on low income housing and homelessness, primarily via subsidization of rental units, identifying projects in specific jurisdictions and grants to improve rental rates or the conditions of rental units. He did not see Edmonds' mentioned specifically in Snohomish County's 114 -page report but there was mention of Everett, Lynnwood and other smaller jurisdictions. He suggested interfacing with PSRC with regard to an organized approach on the issue. Councilmember Fraley-Monillas commented there are differences from block to block and neighborhood to neighborhood throughout the 2 miles of Highway 99. She hoped the City would do more than survey the business and property owners along Highway 99, anticipating determining their interest will take a great deal of face-to-face discussion. She noted English may not be the first language for many business and property owners on Highway 99, and they may not be receptive to information from government. She encouraged the City to actually visit each business and/or property owner, anticipating interest will vary. Edmonds City Council Draft Minutes April 5, 2016 Page 5 Packet Pg. 8 3.1.a Councilmember Nelson expressed appreciation for the Planning Board update. A former Planning Board Member, he was reminded how he misses the Planning Board. He echoed Councilmember Buckshnis' support for a joint Planning Board and City Council meeting. Council President Johnson advised she will work with Chair Lovell to set up a joint meeting with the Planning Board and City Council in the future. 5. AUDIENCE COMMENTS Val Stewart, Edmonds, referred to the efforts of a group of concerned citizens that includes herself to ensure the Edmonds Marsh is given highest priority in any decisions related to the Critical Area Ordinance (CAO) and Shoreline Master Program (SMP) updates. She referred to the Department of Ecology (DOE) memo dated December 11, 2015 to staff regarding downgrading the Edmonds Marsh from Category 1 to Category 2 and the rationale for buffer reduction which in their opinion was not based on BAS. A March 15, 2016 DOE letter states it was never the intent of DOE or City staff to downgrade the category of the Edmonds Marsh. Therefore, the City Council can decide to designate the Edmonds Marsh Category 1. DOE included in the reference list the City's own shoreline inventory and characterization document which the Planning Board reviewed during the SMP update; page 45 states the City has one wetland, the 23 acre Edmonds Marsh designated as a Category 1 wetland, highest quality. In addition to wildlife habitat and natural resource sanctuary, it is classified by the State as a priority habitat. She requested the Council reconfirm the designation of the Edmonds Marsh as a Category 1 wetland due to its special characteristics both as an estuarine wetland and a wetland of high conservation value based on the wetland rating system 2014 update. A Category 1 designation reflects the long standing efforts to restore the marsh and the community's value of this treasured asset. For both Category 1 and 2, the least standard buffer width is 75 feet according to the wetland guidance for small cities. Edmonds Marsh has a unique set of conditions and there is very little science that directly relates to a dike marsh alongside intense development and on land below the level of the adjacent wetland. A well designed, planted, and maintained buffer should provide ecologic values and functions for the marsh and a net positive benefit. Restoring a substantial buffer to its natural state would provide continuity for wildlife and would improve success for salmon habitat restoration; a great example for the region and a gift to future generations. Kelly Meldrum, Edmonds, described a situation that occurred at her insurance agency at Five Corners when a water main broke outside her office. She was notified by the City January 14 that her water meter was higher than normal. She immediately turned the water off, called a plumber who obtained a permit the following day and within two days the pipe under the pavement was repaired at a cost of $4700. She received a letter from the City stating a credit could be obtained for a maxim of $1000. Her normal water bill from October 20 — December 18, 2015 was $151.83. She received a letter on February 23 stating she was eligible for the $1000 credit, one leak credit within 3 years and it would be applied on the next applicable bill. She was alarmed when she received a bill for $3,094.18 as she did not expect to receive a bill of that amount when she had turned the water off as soon as she was notified. She appreciated the credit, but was informed by Finance Director Scott James and Public Works Director Phil Williams that this policy was adopted by the City. She requested a reasonable resolution, noting the majority of the bill was for sewer and storm drain and taxes ($1771.78) although it was unknown if the water entered the sewer as it was not visible. She suggested subtracting the $1000 credit and the sewer costs ($1771.78), leaving $322.40 which she would be happy to pay. Mayor Earling relayed he has talked with staff and someone will be in contact with her. There will also need to be a discussion by the Council. Jenny Anttila, Edmonds, referred to the Edmonds Marsh, questioning whether the City was aware there was marsh on both sides of SR 104. The portion of the Marsh on the left side of SR 104 as one leaves the City is dying; the reason is unknown but they are two invasive weeds. She was unsure if that portion of the marsh affected the marsh on the right side. She commented on the importance of setbacks to retain a Edmonds City Council Draft Minutes April 5, 2016 Page 6 Packet Pg. 9 vibrant City and protect wetlands. Next, she referred to parking issues in the City, fearing parking will get worse especially on 6th Avenue as the City accommodates additional housing, Parking needs to be taken seriously, particularly for shopkeepers and vendors who need parking for their customers. She also asked about the status of Sunset Avenue, and how the survey information and the petition with signatures from 1000 people opposed to the design will be used. She suggested publishing an update in the newspaper or on My Edmonds News. Roger Hertrich, Edmonds, referred to the reply from the DOE and the concern with the Edmonds Marsh. He suggested regardless of the designation of the Edmonds Marsh, a 100-foot buffer would be appropriate because that is approximately where building/structures are located and that buffer has done a fairly good job to date. He did not support changing the buffer regardless of the category. With regard to where the high water mark is measured, DOE's letter addresses the height of the salt water intrusion. He suggested the existing high water mark is correct. His primary concern was the marsh designation and the buffer, summarizing the buffer should not be more than 100 feet because it was not practical to remove buildings. He encouraged the Council to consider the issues raised in the letter of concern from the citizens to DOE and DOE's reply. Next, he explained after conferring with Comcast several times regarding the government access channel outage over the past two weeks, he learned today, just as the service was restored, that the issue was the City's. He anticipated the upgrades will improve service in the future. 6. PUBLIC HEARINGS A. PUBLIC HEARING TO DETERMINE THE ELIGIBILITY OF THE FIRST BAPTIST CHURCH OF EDMONDS LISTING ON THE EDMONDS REGISTER OF HISTORIC PLACES Senior Planner Kemen Lien recognized Historic Preservation Commission (HPC) members present tonight. Emily Scott, Larry Vogel and Sandra Albery. He explained the First Baptist Church of Edmonds, located at 404 Bell Street, was nominated for consideration for placement on the Edmonds Register of Historic Place. The property owners nominated the house and signed the authorization form. He reviewed: • Effects of listing on the register o Honorary designation denoting significant association with the history of Edmonds o Prior to commencing any work on a register property (excluding repair and maintenance), owner must request and receive a certificate of appropriateness from the Historic Preservation Commission o May be eligible for special tax valuation on their rehabilitation • Aerial photograph identifying location of property • Designation Criteria o Significantly associated with the history, architecture, archaeology, engineering or cultural heritage of Edmonds o Has integrity o At least 50 years old, or has exceptional importance if less the 50 years old ■ Original church building constructed in 1909 at corner of 6th & Edmonds Street ■ Moved to current location in 1929 ■ house in back moved to site in 1946 as parsonage and eventually connected to church ■ Church was remodeled in 1950. HPC determined the period from 1950 has integrity and has not changed since that time. o Falls into at least one of designation categories, ECDC 20.45.010.A — K ■ HPC determined met two of designation categories: D. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering or architectural history.... Edmonds City Council Draft Minutes April 5, 2016 Page 7 Packet Pg. 10 Church is longest continually operated church in the City • Numerous special events since 1909 E. Associated with lives of persons significant in local history • Alice Kerr was the first woman Mayor in the City, elected in 1924, entered the race two days before the election and won by a narrow margin. He displayed photos of the church and parsonage and a newspaper advertisement for the dedication of the remodel. The packet contains a history of the church's first 100 years which mentions the Cedar of Lebannon in front. The tree came down in the 1980s after a windstorm. He displayed plans from the 1950s and relayed the HPC's recommendation: • HPC held a public hearing on February 11, 2016 • HPC found the nomination meets the criteria and eligible for designation on the Edmonds Register of Historic Places • HPC recommends the property be listed on the Edmonds Register of Historic Places Mayor Earling opened the public participation portion of the public hearing. Emily Scott, Edmonds, HPC Chair, said the HPC was thrilled to have the building added to register. It has been an important part of the community for over 100 years and continues to be a well -run organization. She recognized several church members in the audience. She thanked the Council for supporting Edmonds's history and historic preservation. Pastor Barry Crane, North Sound Church, said they were excited about the little white church being on the City's historic register and thanked the HPC for all their hard work. He was amazed with Councilmember Teitzel who has been in dialogue with the church for the past few months as well as with the work of the HPC on behalf of citizens to preserve the City's history. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Mesaros commented one of the nice things about living in Edmonds is the mix of new and old. It is wonderful to see the efforts to preserve the gems in the City that his out of town guests often remark on. COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE ORDINANCE NO. 4023, ADDING THE NORTH SOUND CHURCH/FIRST BAPTIST CHURCH OF EDMONDS TO THE EDMONDS REGISTER OF HISTORIC PLACES. Councilmember Teitzel commented he attends North Sound Church but before attending, he admired it for many years as a resident of Edmonds. The church is located on the on 4th Avenue Arts Corridor, is highly visible, the bell tower is highly recognizable and it is a wonderful thing to engage with church to retain its historical character which Pastor Crane has said he is committed to doing. He was pleased to have the church listed on the Edmonds Register, both for the church and the city. Councilmember Fraley-Monillas said she does not attend North Sound Church but enjoys looking at it and the community involvement. She thanked thank Pastor Crane for agreeing to continue to protect this valuable asset, noting his agreeing to have the church added to the Edmonds Register will protect it in perpetuity. She also thanked the HPC for their efforts. Councilmember Buckshnis thanked the HPC and Pastor Crane for bringing this forward. She relayed her support for the North Sound Church's purchase of the Edmonds Conference Center. Edmonds City Council Draft Minutes April 5, 2016 Page 8 Packet Pg. 11 3.1.a Council President Johnson echoed the previous comments, noting as the former Council liaison to the HPC, she knew the HPC has been working on this a long time. She commended the new liaison, Councilmember Teitzel, for closing the deal and Pastor Crane for his leadership. Councilmember Tibbott recognized the North Sound Church for the great job they do caring for the building, noting an old building requires a lot of maintenance. The church did a great job refurbishing it recently as well as preserving its history for the City. The church is a great asset to add to the Registry. MOTION CARRIED UNANIMOUSLY. 7. ACTION ITEMS A. CIVIC FIELD STREET VACATIONS RESOLUTION Parks & Recreation Director Carrie Hite requested Council consideration of a resolution to begin the process of vacating the two streets and they alley that run through Civic Field. She displayed a drawing of Civic Field, explaining as the City proceeded with the purchase of Civic field, it became apparent that there were no official vacations of either Edmonds or Sprague streets or an alley that runs through the Civic Field property. This allowed the City to negotiate a purchase price from the School District for 6.07 +/- acres, instead of the full 8-acre site. In order for the City to plan and develop this property as open space and parkland, she recommended the City Council consider the official vacation of these two streets and alley to itself as part of the park. A resolution in the packet will officially begin the process of the vacations and sets a public hearing for May 17, 2016. Ms. Hite explained the Council previously passed Resolution No. 1352; the proposed resolution repeals that resolution and sets a new public hearing date. She requested the Council forward the resolution to the Consent Agenda for approval and the City Clerk will assign a resolution number. Councilmember Fraley-Monillas asked the effect of the street vacation. Ms. Hite explained the City negotiated with the two granting agencies concentrating streets and alley into northwest corner of the two acre -area so that area would not be subject to deed restrictions. The Council previously approved a conservation easement and deed of right for the acreage that includes the two streets; staff will return with amendments to include the acreage of the alley within the next few weeks. Councilmember Fraley-Monillas asked what Ms. Hite foresees being on that property. Ms. Hite referred to plans for a master planning process; three firms were interviewed today. As the master planning will include a robust public, she wanted to give the community an opportunity to plan the project/site. Council President Johnson asked for clarification regarding restrictions on the use for the different areas on the map of Civic Field. Ms. Hite explained the 6.07 acres, the 1-shaped lot, is restricted by Conservation Futures and the deed of right with RCO; allowed uses on that site include passive and some active recreation, a limited amount of impervious surface, no structures, no synthetic turf, as much of a natural area as can be planned. Uses on the two acres depicted in orange on the map are unrestricted and subject to the Master Plan. Councilmember Teitzel observed when the School District purchased the property years ago, the City never transferred ownership of those two streets and alley easements; the City owned the easements then and owns them now. City Attorney Jeff Taraday said a dedicate right-of-way remains a dedicated right- of-way indefinitely unless it is vacated. No record could be found that those streets or the alley were previously vacated; the property had been subject to City's right-of-way rights ever since the plat was originally recorded. If approved, this would be the first time that right-of-way dedication has been lifted from the property. Edmonds City Council Draft Minutes April 5, 2016 Page 9 Packet Pg. 12 3.1.a It was the consensus of the Council to schedule approval of a resolution on next week's Consent Agenda. Mayor Earling declared a brief recess. NEW ITEM: CONSIDERATION OF SETTLEMENT AGREEMENT RELATED TO A CONDEMNATION ACTION AT THE CORNER OF 76TH AVENUE AND 212TH STREET COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE MARCH 29, 2016 SETTLEMENT AGREEMENT BETWEEN THE CITY OF EDMONDS AND FOUR PROPERTY OWNERS KNOWN AS THREE GRACES #1 LLC, THREE GRACES #2 LLC, THREE GRACES #3 LLC AND PORTERFIELD DEVELOPMENT LLC IN WHICH THE PARTIES HAVE AGREED TO SETTLE THE CONDEMNATION ACTION FILED UNDER SNOHOMISH COUNTY CAUSE NUMBER 15-2-05187-1 FOR A TOTAL JUST COMPENSATION OF $273,000. MOTION CARRIED UNANIMOUSLY. B. CRITICAL AREA ORDINANCE UPDATE Senior Planner Kernen Lien reviewed expectations for tonight's meeting and next steps: • Tonight o Recap Decisions made on March 15, 2016 o Continue Council discussion and decide which proposed amendments to carry forward o City Attorney not at next week's meeting so need to make decision regarding contingent critical area review procedure tonight Next Council Meetings: o April 12th — Discuss and refine proposed amendments carried forward on April 5th o April 19th — Potential adoption of updated critical area regulations Mr. Lien reviewed amendments the Council approved at the March 15 meeting: • Amendment LB: Rename provision to physically separated/potentially isolated or "interrupted buffer." o Council voted to rename of the physically separated/functionally isolated buffer provision to "interrupted buffer." ■ All references to physically separated/functionally isolated buffer in the CAO will be changed prior to adoption • Amendment 3: ECDC 23.40.220.C.7.b.iv - Hazard Tree Replacement o Council voted to change the required diameter of deciduous replacement trees from one inch dbh to one to two inches dbh • Amendments 4: Definitions A. ECDC 23.40.320 - Normal Maintenance of Vegetation Definition o Council voted to Include removal of trees less than 4-inch dbh C. Add definition for Best Available Science. o Council voted to insert reference to ECDC 23.40.310 (Best Available Science) in the definitions section D. Move definitions from Part VI to ECDC 23.40.010 after Purpose section o Council voted to move definitions to ECDC 23.40.010 • Amendment 11: ECDC 23.40.040.D - Areas Adjacent to Critical Areas o Council voted to keep only the first sentence and delete the remainder of this section Mr. Lien reviewed potential amendments: Council Review/Critical Area Decision Process • 2.A — Include City Council in decision making process for certain critical area decisions Edmonds City Council Draft Minutes April 5, 2016 Page 10 Packet Pg. 13 3.1.a 2.B — Decision matrix/threshold for which projects would include City Council in decision making process 2.0 — Consider amending the decision process for certain types of critical area decisions Exhibit 2 — Contingent Critical Area Review Procedure Mr. Lien described the contingent critical area review procedure: • Scope o Development of 600 square feet within standard buffer ■ Interrupted Buffer ■ Restoration Project ■ Wetland/Stream Buffer Reduction New Type II-B procedure o Public Notice (including City Council) o Citizen may request public hearing which would escalate the process up to a Type III -A ■ Public Hearing before Hearing Examiner ■ Requestor must pay a fee in the amount of 50% the difference between Type II-B and Type III -A application fee ■ Project proponent shall pay the other 50% difference between Type II-B and Type III -A application within 30 days Notice of Final Decision to City Council with opportunity to appeal Hearing Examiner decision through LUPA appeal Council President Johnson referred to the contingent critical area review procedure, observing a restoration project such as Willow Creek daylighting may not have 600 square feet of development within the standard buffer. Mr. Lien explained after the restoration project there will be a buffer to the critical area; if the restoration project involved more than 600 square feet of disturbance from daylighting the stream or expansion of the wetland, it would elevate to this process. Mr. Taraday clarified for this procedure to apply, both the 600 square foot threshold and at least one of the other three items (interrupted buffer, restoration project or wetland/stream buffer reduction) needs to occur. It would not apply every time there was development of 600 square feet within a standard buffer. Council President Johnson said she will keep this question in mind and will see how the contingent critical area review procedure would work for a project with restoration but no construction within the buffer. Mr. Lien said if the desire was to have all restoration projects included, the language could be changed to restoration projects or interrupted buffer or wetland buffer reduction that include development of 600 square feet within the standard buffer. Mr. Lien provided a photograph and described a theoretical contingent review: • Features of example: o Stream requiring a 75-foot buffer 0 75-foot buffer 0 25% buffer reduction allowed by CAO 0 600 square foot detached garage on a developed property with stream o Interrupted buffer or buffer reduction may be applicable o Initial applications required • Contingent review process: o Planning staff reviews critical area application and issues a "Study Required" finding do the presence of a stream o Planning staff reviews building permit application ■ Notes 600 square feet of disturbance within standard buffer ■ Notifies applicant of contingent review process Edmonds City Council Draft Minutes April 5, 2016 Page 11 Packet Pg. 14 3.1.a Contingent review process — Type II-B o Applicant applies for the Type II-B contingent review and pays $820 application fee ■ 28-day completeness review for Type 11 applications ■ Notice of Application provided • Properties within 300 ft., posted on site, published in Everett Herald, and notice provided to Council ■ City received request for public hearing within the 14-day comment period • Requesting party pay $921 ■ Applicant pays $921 to continue with Type III contingent review process within 30 days Contingent review process — Type 111-A o Notice of Public Hearing provided ■ Properties within 300 ft., posted on site, published in Everett Herald, and notice provided to Council o Public hearing held ■ Hearing Examiner has 10 business days to issue decision o Hearing Examiner decision may be appeal under LUPA (RCW 36.70C) o No appeal on Hearing Examiner decision ■ Building permit process may be completed He provided a comparison of the critical area contingent review: Review Type Length of Process Cost Building permit review 25-30 days $1,173.50 Building permit review with Type II-B critical area contingent review 2-3 months $1,993.50 Building Permit review with Type III -A critical area contingent review 4-5 months $2,914.50 Mr. Lien reviewed contingent review process takeaways: • Adds opportunity for public input into decision process • Adds cost ad time to project review Council options o Adjust threshold for when project is triggered o Further limit what type of projects are subject to contingent review o Reserved for special circumstances o Keep existing review process o Not apply to buffer reduction ■ Current critical area code includes buffer reduction of 50% of standard buffer and reduced buffer can also be buffer averaged ■ Draft code only allows reduction of up to 25% of standard buffer and does not allow combining buffer reduction with buffer averaging Councilmember Buckshnis said her intent has been to address wetland categories 1 and 2 and estuaries. She recalled an instance where a massive cutting took place, Council provided input to staff and staff did not act on Council's input. Her intent was to ensure the Council had knowledge of the threshold and what is occurring. Her primary concerns were daylighting Willow Creek and any issues related to Lake Ballinger. Council President Johnson referred to Mr. Lien's indication that buffer reduction and buffer averaging could not be combined. She recalled for Willow Creek there was a 25% buffer reduction on the south side and the Marina Beach Master Plan includes a buffer of less than 75 feet on the north side and there was an Edmonds City Council Draft Minutes April 5, 2016 Page 12 Packet Pg. 15 3.1.a opportunity for buffer averaging. Mr. Lien responded both sides of the creek have 75-foot buffer; buffer averaging could be done on one side and a buffer reduction could potentially be done on the other side; they cannot be combined on one side. Council President Johnson observed the current code allows a 25% buffer reduction and the proposed code allows a 50% reduction. Mr. Lien said her observation related to several provisions in the CAO. There is a provision that applies to streams and wetlands that allows buffer reduction. The current code allows a buffer reduction of 50% of the standard buffer and that 50% buffer could be averaged as well. The current code does not have a provision for restoration projects. The buffer can only be reduced by 25%, not 50% and buffer reduction and buffer averaging cannot be combined. With regard to the restoration section of the code, a new section based on the Shoreline Management Act (SMA) only applies to projects that are not required as mitigation for a development proposal such as daylighting of a stream or landward expansion of a wetland. If a stream is in a culvert, there is no buffer. Once the stream is daylighted, it is subject to the critical area regulations. The restoration section was modeled after the SMA provision that states for a shoreline project that expands shoreline jurisdiction, the SMP does not apply in that area. The draft critical area provision states a restoration project that expands the critical area buffer, the buffer could be reduced if certain criteria are met to a maximum of 50% of the standard critical area buffer. Another amendment will address that issue; he recommended focusing on the contingent review procedure tonight in order to complete it while Mr. Taraday is present. As currently drafted the contingent review would apply to restoration projects Council President Johnson commented if the Council were involved, she recalled a ten-day period for the Council to act after the Hearing Examiner's decision. Mr. Lien explained a LUPA appeal must be made within 21 days of the Hearing Examiner's decision. Council President Johnson asked if contingent review example had the same deadline and whether it was considered a LUPA appeal. Mr. Taraday responded one of the key features of this process is it takes the City Council out of the quasi-judicial decision making role for these types of critical area decisions but does not take the Council out of process. That is important because when City Councils act in quasi-judicial decision making roles, they incur the greatest potential liability for making a decision based not on adopted criteria but on other factors that may not be permissible. With the contingent review process, the City Council is involved, receives notice of application, can engage with constituents because the Council is not in the decision making role so the Appearance of Fairness Doctrine does not apply. Councilmembers can talk to proponents and opponents, testify at the Hearing Examiner, etc. and if a majority of the Council does not like the Hearing Examiner's decision, the Council can direct the City Attorney to file a LUPA appeal of the Hearing Examiner's decision to Superior Court. He summarized the Council was involved, just not as decision makers. Council President Johnson asked for clarification regarding notification to Council and how quickly the Council needed to act. Mr. Lien advised there are three potential notices to Council, 1) notice of application of Type II-B, 2) notice of public hearing if a party requests a public hearing, and 3) notice of the Hearing Examiner's decision. If a decision is made at the end of the Type II-B process without a public hearing, that decision is appealable to the Hearing Examiner. Councilmember Nelson referred to the comparison of costs. A homeowner constructing a garage would pay the $1173.50 building permit. If it was discovered the garage met the criteria, the homeowner would pay an additional $821. He asked what the homeowner would be responsible for in moving forward in a Type 11-B process. Mr. Lien advised the application fees do not include any consultant fees. The property owner will be required to prepare a critical area report. Once an application is submitted and deemed complete, there is usually additional discussion with staff. If there is no request for a hearing, that is the end for the property owner. Edmonds City Council Draft Minutes April 5, 2016 Page 13 Packet Pg. 16 3.1.a Councilmember Nelson clarified if someone requests a public hearing, that person pays a fee. Mr. Lien explained in an attempt for the requested party to have some buy -in to the process to prevent abuse, the person requesting the public hearing must pay the half difference between the Type II and III permit process. Councilmember Nelson asked how the cost for the Type 11 and III permit fee is determined. Mr. Lien answered they are in the City's adopted fee schedule. A Type III process is about $1,600 and anything that goes to the Hearing Examiner, the applicant is required to pay the cost of the Hearing Examiner and staff takes a deposit at the time of application. Councilmember Nelson observed the person requesting a public hearing pays 50% of the fee and the homeowner pays 50% of the fee even though they may not want a Type III process. Councilmember Fraley-Monillas asked how many applications the City receives a year for property restoration projects. Mr. Lien did not think the City had ever had an application for a restoration project and that is not currently included in the code. There has only been one daylighting of stream that he knew of and it did not start out as a restoration project. Councilmember Fraley-Monillas summarized the occurrence of restoration projects is very low. Mr. Lien answered it could be but he could foresee a situation where someone wanted to daylight a stream on their property for a water feature but they may not want to if daylighting the stream requires a 50-75 foot buffer that takes away the use of their property. Councilmember Fraley-Monillas asked if a property owner could daylight a stream on their property now. Mr. Lien answered they could but there is no provision that provides relief from the critical area regulations; if someone daylighted a stream, they would be stuck with the standard buffer. Councilmember Mesaros pointed out there was no incentive for a property owner to do a restoration project. Mr. Lien agreed. If the goal was to encourage restoration, Councilmember Mesaros said a system that provided some relief or incentive was a positive step. He noted the small relief would still cost the property owner a lot of money, time and effort. Mr. Lien agreed. Council President Johnson pointed out there have been no requests for this in the past and before providing an incentive via such a tremendous change, the Council needs to consider how this would actually be applied. She observed it applies to the Willow Creek daylighting project. Councilmember Buckshnis supported reserving the contingent review process for special circumstances such as Wetland 1 and 2 and Estuary 1 and 2. Many stakeholders are involved in those areas and the projects will be very expensive so it is important to have the Council provide oversight and opportunity to involve the City Attorney. If someone wants to daylight a stream in their yard, the Council does not need to be involved; however, the Council will want to be involved with the daylighting of Willow Creek and if there are any issues with Lake Ballinger Council in the future. Mr. Lien summarized the Council's direction: reserve for special circumstances to apply to restoration projects on anadromous fish bearing streams which include Willow Creek or wetland restoration projects on Category 1 and 2 wetlands and tweak the language to have it apply to those projects. Councilmember Teitzel agreed with Councilmember Mesaros' comment. He referred to Mr. Lien's indication that there have virtually been no restoration requests because homeowners are cognizant if they take a stream out of a culvert, they may not be able to expand their home to add bedroom or a deck so it is not surprising homeowners have not made any requests. That is unfortunate because it is a lost opportunity to enhance the environment and those type of projects need to be encouraged. He encouraged the Council to strike the proper balance between respect for the environment and homeowner rights and not create a disincentive to take a stream out of a culvert. Councilmember Nelson relayed concern with costs for an average homeowner trying to doing a project. He agreed this process would be rare and infrequent and would only be applicable to a substantial restoration project. He did not support trying to do a restoration project while fixing something else on a Edmonds City Council Draft Minutes April 5, 2016 Page 14 Packet Pg. 17 3.1.a property. He preferred to make a distinction between an improvement on a property that fell within a critical area versus restoring a critical area. If the goal was to restore a critical area, that should be the priority. Councilmember Mesaros referred to the photo of the contingent review process example. There is a culverted stream on a property and a homeowner wants to build a garage next to their house. They decide to daylight the stream as a part of the construction to add value to their property. They may determine daylighting the stream will not allow construction of the garage. Mr. Lien said if the stream was culverted and the homeowner daylighted it, there would be a 75-foot buffer which could be reduced via the buffer width reduction or potentially an interrupted buffer. Daylighting the stream would further restrict the rest of the property. He summarized with a stream in a culvert there is no buffer, daylighted, there is a buffer. Councilmember Mesaros wanted to allow a homeowner constructing a garage to be able to daylight the stream. They likely would not do that because without buffer reduction and daylighting would not allow them to construct the garage. Mr. Lien agreed that was potentially correct. Mr. Lien clarified a restoration project is not tied to a development project and not required as mitigation, it is just something a property owner wants to do to improve the critical area. Councilmember Mesaros asked if a property owner could do both if they wanted to. Mr. Lien said he would discourage a restoration project to obtain a reduced buffer for a development proposal. Councilmember Mesaros clarified the homeowner may want all the construction to be done at one time. He anticipated the planning department would inform the homeowner that daylighting the creek would require a 75-foot buffer and describe any additional costs and the homeowner may decide to leave the stream in the culvert. Mr. Lien said the homeowner would be informed of the consequences. He agreed the City wants to encourage restoration projects where possible. If the contingent review process only applied to anadromous fish bearing streams and Category 1 and 2 wetlands, it would not impact the property in the example because an anadromous fish bearing stream has a 100-foot buffer. Councilmember Fraley-Monillas agreed with Councilmember Nelson, finding it difficult to believe anyone would want to restore a waterway on their property at same time they are increasing the footprint of their home. She was glad Councilmembers were interested in the environment and restoration, noting the built -out condition of Edmonds will require more preservation of the environment. She summarized most homeowners would choose to do one or the other, develop the waterway or their home and she doubted they would do both at same time. Councilmember Fraley-Monillas announced the meeting audio is online right now but not on television; IT staff are working on the AV system. Councilmember Buckshnis said she also wanted to include Category 1 and 2 estuaries due to DOE's downgrading the marsh to a Category 2 estuary. Council President Johnson asked for clarification; originally there were three categories: buffer reduction, restoration projects and interrupted buffer. She asked if the Council wanted to include all three in the contingency critical area review procedures. Mr. Lien said he has only heard interest in including restoration projects. He said a buffer reduction would not be allowed on a Category 1 or 2 wetland, it is only allowed on Category 3 and 4 wetlands. Council President Johnson asked the Council's interested in including the interrupted buffer. Mr. Lien relayed what he has heard from the Council: include Category 1 and 2 wetlands, estuary wetlands and anadromous fish bearing streams restoration projects. For Councilmember Buckshnis, Mr. Lien explained for a restoration project on a Category 1 or 2 wetland, estuary wetland or anadromous fish bearing streams, the buffer relief associated with the restoration Edmonds City Council Draft Minutes April 5, 2016 Page 15 Packet Pg. 18 3.1.a project is addressed in that review. There are different stream and wetland buffer reduction sections in the code but a buffer reduction cannot occur on a Category 1 or 2 wetland. Main Motion #1 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, THAT THE CONTINGENT REVIEW PROCESS APPLY TO CATEGORY 1 AND 2 WETLANDS AND CATEGORY 1 AND 2 ESTUARIES AND ANADROMOUS FISH BEARING STREAMS FOR BOTH RESTORATION PROJECTS AND WETLAND STREAM BUFFER REDUCTIONS. Mr. Lien clarified a wetland buffer reduction cannot be done on a Category 1 or 2 wetland. Councilmember Buckshnis restated the motion: THAT THE CONTINGENT REVIEW PROCESS APPLY TO CATEGORY 1 AND 2 WETLANDS AND CATEGORY 1 AND 2 ESTUARIES AND ANADROMOUS FISH BEARING STREAMS FOR RESTORATION PROJECTS. Action on Main Motion #1 MOTION CARRIED UNANIMOUSLY. Mr. Lien continued his review of potential amendments: ECDC 23.40.220.C.4 — Interrupted Buffer • LA — Require determination to be made by a qualified critical area consultant o Maintains flexibility o Maybe costly for smaller projects Mr. Lien advised the language in LA also originally included Council review but given the previous discussion, he assumed that would be removed. Councilmember Mesaros concurred with eliminating City Council review based on the previous discussion. Councilmember Teitzel expressed concern this amendment was very restrictive and required a critical area assessment to be done in all cases. He envisioned some instances where staff may determine analysis may not be required such as a property that is downslope from stream where there can be no impact from development. This amendment would require the homeowner to bear the cost in that instance; therefore, he did not support the amendment. As the drafter of this amendment, Councilmember Nelson supported it with the modification to remove Council review. As demonstrated in the text, it maintains flexibility and allows the project/property owner flexibility that they do not currently have. The determination is important and he wanted a qualified critical area consultant to make the determination. Councilmember Mesaros suggested if staff makes a determination a project proposal cannot proceed, why would a consultant be needed to affirm staff s determination. Councilmember Nelson suggested staff also could be mistaken and their decision would deny the homeowner the ability to do some development; the critical areas consultant could find development could occur. This provision allows an expert to make that determination. Main Motion #2 COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADOPT THE AMENDMENT WITHOUT THE COUNCIL REVIEW. Edmonds City Council Draft Minutes April 5, 2016 Page 16 Packet Pg. 19 3.1.a Council President Johnson spoke in favor of motion, commenting it requires a hydrologic, geologic and/or biological habitat professional. These areas of the City are critical and it would not apply to all development. Councilmember Mesaros acknowledged Councilmember Nelson's response, commenting he had not looked at it that way, staff could be overruled by the consultant's determination. Action on Main Motion #2 MOTION CARRIED (6-1), COUNCILMEMBER TEITZEL VOTING NO. Mr. Lien continued his review of potential amendments: ECDC 20.15.215 Restoration Projects (not required as mitigation) • 9 — Replace draft language in Exhibit 1 with Council proposal o Restoration of historic ecological functions is encouraged ■ Which "historic" period ■ Looking to improve existing conditions o Project proponent proposes buffer width necessary to ensure success ■ Should have some specific parameters o Director reviews and forwards recommendation to City Council ■ Same issues with Council administration of the code as previously discussed Mr. Lien explained the draft language is based on the SMA provision and would allow an automatic reduction of 25% of the buffer and if certain criteria are met, could be reduced to 50% of the expanded buffer area. He referred to revised language in the packet that combines Amendment 9 and the existing code. Another proposal regarding restoration projects was submitted this afternoon. Councilmember Mesaros referred to the language in the PowerPoint, "Director reviews and forwards recommendation to City Council" and asked how many projects this will affect. Mr. Lien answered given the previous discussion regarding the contingent review process, if this were a restoration project on a Category 1 or 2 wetland, estuary wetland or anadromous fish bearing streams, this would be the contingent review process, it would be a staff process and would not be forwarded to City Council. Based on the Council's previous discussion the last bullet, "Director reviews and forwards recommendation to City Council" would be eliminated. Councilmember Nelson advised his modified language no longer references historic. He emphasized the importance of a qualified critical area consultant making the determination regarding the buffer. He noted people often wrongly assume a qualified professional will require a larger buffer when in fact a qualified consultant may determine a smaller buffer is appropriate such on Willow Creek. This allows the use of science for a specific location rather than a one size fits all buffer. Mr. Lien reviewed the staff s proposed language in the packet for ECDC 23.40.215, explaining the revised language provides a range for the reduced buffer, up to 50%. Council President Johnson expressed concern with allowing the director to reduce the buffer by 50%. She understood that may be good for a particular project but she did not like the idea in general and preferred to use the contingency review process to make that determination. Mr. Lien said given the earlier amendment, this process would still go through the contingency review process. For a restoration project on a Category 1 or 2 wetland, estuary wetland or anadromous fish bearing stream, these criteria would apply but it would still go through the contingency review process. Council President Johnson asked why it needed to be specified that the buffer could be reduced by 50%. Mr. Lien responded if 50% was not specified, someone could propose 25%. Council President Johnson Edmonds City Council Draft Minutes April 5, 2016 Page 17 Packet Pg. 20 3.1.a relayed her understanding the State allows a 25% reduction; she felt it best to follow the State's guidelines rather than the City creating its own. Mr. Lien clarified 75% of the standard buffer would be a 25% reduction. If the code does not at least specify 50% a proposal could be made for 25% of the standard buffer. Council President Johnson relayed her understanding that the State wants to encourage restoration projects and have taken a position of allowing a 25% reduction of the buffer. Mr. Lien responded the State guidelines are modeled after SMA which states for a shoreline project within shoreline jurisdiction, the SMP does not have to be applied at all in the expanded shoreline area. This provision was modeled after that but did not propose not having critical area regulations applied in the expanded area but was intended to provide some buffer relief. For buffer reduction or buffer averaging for project proposals and mitigation, the State's recommendation is 25% reduction of the buffer. He clarified that is related to specific development proposals and not restoration projects; the restoration project would still be required to have a net environmental benefit. A daylighted stream with a 50% buffer will have a net environmental benefit over a stream in a culvert. Council President Johnson said to her knowledge, the City has never had any restoration projects, however, a big restoration project is proposed for the daylighting of Willow Creek. The City has unofficially determined it would have a 25% reduction or averaging and that the current proposal fits within the guidelines of a 25% reduction. She saw no purpose for going down to 50%, finding it unnecessary and she preferred to retain the 25% reduction. Main Motion #3 COUNCIL PRESIDENT JOHNSON MOVED TO ACCEPT THE LANGUAGE FOR THIS AMENDMENT BUT CHANGE STAFF'S RECOMMENDATION OF A 50% BUFFER REDUCTION. Action on Main Motion #3 MOTION DIED FOR LACK OF A SECOND. Council President Johnson clarified she did not want to allow a 50% buffer reduction. Mr. Lien asked for clarification regarding Council direction regarding the three versions under consideration. Council President Johnson's proposal was the project proponents may request a reduced buffer up to 75% of the expanded buffer; that means they can only get a 25% reduction in the buffer. Council President Johnson preferred the language be more clear and state 25% rather than 75%. Mr. Lien agreed he could revise the language accordingly. Councilmember Nelson referred to his proposed language, commenting the percentages in this amendment make it complicated. The intent is a restoration project could deviate from the standard CAO requirements by hiring a qualified professional who would recommend a reduction in the buffer of 50%, 75%, etc. or whatever makes sense for the site as long as the ecological functions are maintained and the site is restored. Councilmember Buckshnis said a report could be prepared to support a buffer reduction. Mr. Lien agreed there would need to be a report to allow reduction of the buffer. Councilmember Buckshnis suggested clarifying the buffers can be reduced based on a report from a qualified consultant. She asked why a number needed to be included. Mr. Lien answered technically a number did not need to be included; he suggested a number to establish a lower limit for reducing the buffer. Council President Johnson preferred not have lower number. Main Motion #4 Edmonds City Council Draft Minutes April 5, 2016 Page 18 Packet Pg. 21 3.1.a COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ACCEPT THE AMENDMENT WITH THE REMOVAL OF THE HISTORICAL COMPONENT AND NOT REQUIRE COUNCIL REVIEW. Councilmember Mesaros expressed support for the motion, noting Councilmember Nelson's proposal will solve the problem and address specific issues and locations. Mr. Lien explained the intent of a restoration project is to improve a critical area. For example, for a culverted stream, the goal is not to preserve the existing conditions but to enhance the critical area. He suggested the language proposed for ECDC 23.40.215.B be revised to read, "The restoration project proposal will include a proposed buffer width for the project that is developed from an assessment by a qualified Critical Area Consultant on the buffer width necessary to ensure that the restoration project is successful and there will be a net environmental benefit of the restoration project." Councilmember Nelson responded the intent of restoration is to restore something. He suggested "ecological functions are enhanced." Mr. Lien clarified the goal is a net environmental benefit from the restoration project. Council President Johnson asked whether the motion includes staff s proposal for the amount of buffer reduction the applicant can request. Councilmember Nelson clarified his motion was not the redlined amendment. He restated the motion: TO ACCEPT THE AMENDMENT (REPLACE DRAFT LANGUAGE IN ECDC 23.40.215 WITH SECTIONS A — D) WITH THE EXCEPTION OF NOT HAVING THE COUNCIL REVIEW PROCESS. Amendment #1 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO AMEND THE MOTION TO CHANGE ITEM B TO READ, "...THE FUNCTION OF THE AREA ADJACENT TO THE STREAM OR WETLAND ARE PRESERAIED WILL BE ENHANCED." Councilmember Tibbott expressed support for staff redlined version including reference to the allowed 50% reduction which was not included in Councilmember Nelson's amendment. He felt it was important to identify a percentage and agreed with a 50% reduction. He did not support the amendment. Vote on Amendment #1 AMENDMENT CARRIED (6-1), COUNCILMEMBER TIBBOTT VOTING NO. Mr. Lien recalled the original motion also included eliminating restoration of the historic ecologically functions from Item A. Councilmember Nelson agreed. Action on Motion #4 MAIN MOTION AS AMENDED CARRIED (6-1), COUNCILMEMBER TIBBOTT VOTING NO. Following a brief discussion, Council agreed to continue review of the amendments until 10:00 p.m. Mr. Lien reviewed the remaining amendments: Definitions • 4.B - Add definition for Council o Definition exists in ECDC 21.15.030 Main Motion #5 Edmonds City Council Draft Minutes April 5, 2016 Page 19 Packet Pg. 22 3.1.a COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO ADD A DEFINITION OF COUNCIL VIA REFERENCING ECDC 21.15.030. Action on Main Motion #5 MOTION CARRIED UNANIMOUSLY. ECDC 20.40.090.D —Minimum Report Contents • 12 — Add a new subsection to ECDC 23.40.090.D require critical area report to identify the location of all native and nonnative vegetation of 6 inch dbh and larger Main Motion #6 COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE COUNCIL AMENDMENT AS WRITTEN. Councilmember Tibbott asked what is involved in researching 6 inch dbh vegetation on a site such a 2 or 5-acre site. Mr. Lien answered critical areas are unlikely to cover the entire 2 or 5-acre site and there are few 2-5 acre sites in the City. The critical area report, which focuses on the critical area and buffers, requires a site visit and description of the site. This information is already included in most critical area reports so this language does not add additional burden but specifies what is to be included in the critical area report. Action on Main Motion #6 MOTION CARRIED UNANIMOUSLY. Council Status Reports • 7 — Require periodic reports to the City Council o Detailed reports can be time consuming and expensive o With existing resources could provide periodic reports with basic data, for example: ■ How many buffer reductions were granted and where ■ Number of critical area determinations ■ Number and general type of interrupted buffer determinations ■ Provide some sample projects o Staff proposed language in agenda packet ■ Reports in 1st and 3rd quarter of each year ■ List critical area decisions made since the last report ■ Provide specific examples ■ Provide whatever information the Council requests during the previous report Councilmember Nelson expressed support for staff s proposal, commenting it simplifies his overly detailed proposal and provides flexibility for staff and Council. Main Motion #7 COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO ADOPT COUNCIL STATUS REPORTS AS STAFF DESCRIBED. Councilmember Teitzel appreciated staff s efforts to streamline the amendment but expressed concern with staffs proposal specifically, "staff will provide example projects." He felt that was too broad and suggested the following alternative language. Amendment #2 COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AMEND TO STATE, "THE DIRECTOR SHALL PROVIDE TWO REPORTS PER YEAR TO COUNCIL, ONE IN THE FIRST QUARTER AND ONE IN THE THIRD Edmonds City Council Draft Minutes April 5, 2016 Page 20 Packet Pg. 23 3.1.a QUARTER, ITEMIZING AND INSTANCES OF BUFFERS REDUCTIONS IN CRITICAL AREAS OCCURRING SINCE THE PRIOR REPORT THAT WERE ASSOCIATED WITH MITIGATION, ENHANCEMENT OR RESTORATION. THE REPORT SHALL INCLUDE THE DEGREE OF BUFFER REDUCTION IN EACH INSTANCE, THE SPECIFIC REMEDIATION ASSOCIATED WITH EACH BUFFER REDUCTION AS WELL AS OTHER INFORMATION SPECIFICALLY REQUESTED BY COUNCIL. Councilmember Teitzel said his amendment appropriately streamlines the language to remove ambiguity and removes the term "example project." Mr. Lien expressed concern the language was very specific and tied to buffer reductions during a period of time; the staff proposed language is more broad and would include information about all critical area decisions, restoration projects, buffer reduction, buffer averaging. The term "example projects" was used as it would be staff s decision regarding what examples to include; his intent would be typical project or extraordinary projects. The proposed language would limit the type of information would provide to Council in the reports. The reference in staff s proposal, "...other information specifically requested by the Council following the previous report." would allow the reports to evolve to include information the Council wants to hear. Councilmember Teitzel agreed staff s proposed language was a substantial improvement from the initial proposal. He preferred to remove the term example projects. Action on Amendment #2 COUNCILMEMBER TEITZEL WITHDREW HIS AMENDMENT. Amendment #3 COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER NELSON, TO AMEND THE MOTION TO REMOVE "EXAMPLE PROJECTS" FROM THE THIRD PARAGRAPH. Councilmember Fraley-Monillas asked what example projects are. Mr. Lien said example projects would include any extraordinary projects done since the previous report and if there were several buffer reduction or averaging projects, staff would provide an example of one rather than reporting on all the projects. Councilmember Fraley-Monillas observed that would help pull the report together. Mr. Lien agreed. Councilmember Fraley-Monillas did not support removing example projects if staff was interested in providing that information. Councilmember Buckshnis observed if there had been seven projects during the reporting period, staff would report on one project but would have information available on all seven projects. Mr. Lien answered yes. Councilmember Buckshnis did not support the amendment. Councilmember Tibbott commented if the language were removed, staff could still improve an example or case study. Mr. Lien said he probably would, noting the intent was to provide the information the Council was interested in. Councilmember Tibbott expressed support for the amendment, noting staff could include examples if they chose. Councilmember Nelson expressed support for the amendment because in reality staff will provide information requested by Council following the previous report. After hearing a report, if there were no examples, Council could request examples. Councilmember Teitzel commented an ordinance is an important document, this is a confusing ordinance and he did not support including the term "example projects" as it was subject to interpretation. The Council can request information from staff as desired. Edmonds City Council Draft Minutes April 5, 2016 Page 21 Packet Pg. 24 Action on Amendment #3 UPON ROLL CALL, AMENDMENT CARRIED (4-3), COUNCIL PRESIDENT JOHNSON AND COUNCILMEMBERS NELSON, TEITZEL, AND TIBBOTT VOTING YES; AND COUNCILMEMBERS FRALEY-MONILLAS, BUCKSHNIS, AND MESAROS VOTING NO. Action on Main Motion #7 MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. As there were a few more amendments to be considered at the April 12 meeting Mr. Lien advised he will not make any revisions to the code until all the amendments are adopted. He will return with the revised code including all the amendments at the April 19 Council meeting. 8. MAYOR'S COMMENTS Mayor Earling had no report. 9. COUNCIL COMMENTS Councilmember Teitzel reported he had an opportunity to meet the new WSU President Dr. Kirk Schulz at Everett Community College. He is very dynamic and friendly and supports branch campuses and the new WSU medical school in Spokane. Councilmember Teitzel, a member of the Civic Field Master Plan Advisory Committee, reported three consultants were interviewed today. All three had great presentations with creative ideas. The master planning process will include a great deal of public involvement and there will be great things in the future at Civic Field. Councilmember Fraley-Monillas invited the public to attend tomorrow's Diversity Commission meeting at the Edmonds Senior Center. She reported the PSRC General Assembly meeting at Husky Stadium included a report on what Sound Transit's accomplishments during the past year. Councilmember Buckshnis reported she is participating in WRIA8's grant funding process, commenting it is fascinating to see what other cities are doing; Seattle is undertaking a daylighting project that will cost $12 Million. She reported Edmonds was a star in the Citizens Action Training School, an 8-week environmental school that selects 30 participants who are required to do 50 hours of training. She recognized two students of that program, Joe Scordino and Val Stewart, who started the Students Saving Salmon via this project. Councilmember Nelson thanked Mayor Earling for convening the Pedestrian Safety Task Force who had their first meeting this morning. He relayed his research in preparation for that meeting, particularly in light of the recent pedestrian incident last night, shared data compiled by the Washington traffic Safety Commission over the last 5 years regarding the cause of pedestrian fatalities: • Most dangerous time for pedestrians is between 3:00 and 9:00 p.m. at an intersection in a city where the speed limit is 25-35 mph • Highest percentage of fatalities are between the ages of 46 and 65 • Of the accidents where the driver was main contributor, the #1 contributing factor was the driver was distracted, #2 was the driver failed to yield the right-of-way, #3 was the driver was impaired and #4 was speed • Investigation determined 56% of drivers had not made an error • Pedestrian's contribution to fatalities were #1 impaired by alcohol drugs, #2 not visible to the driver, and #3 crossing improperly. Edmonds City Council Draft Minutes April 5, 2016 Page 22 Packet Pg. 25 3.1.a This data illustrates the Pedestrian Safety Task Force and the community have its work cut out. Some things can start tonight; drivers can watch for pedestrians at night and during bad weather, slow down at crosswalks or before making a turn, and be cautious when backing up. Pedestrian can be predictable by crossing in crosswalks, walk facing traffic, making eye contact with drivers, and wearing bright colors and reflective material. He looked forward to working with the Task Force on ways to better protect the community. 10. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) 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 10:15 p.m. Edmonds City Council Draft Minutes April 5, 2016 Page 23 Packet Pg. 26 3.2 City Council Agenda Item Meeting Date: 04/12/2016 Approval of claim, payroll and benefit direct deposit, checks and wire payments. Staff Lead/Author: Nori Jacobson Department: Administrative Services Initiated By: Background/History Approval of claim checks #219315 through #219440 dated April 7, 2016 for $2,282,730.71. Approval of payroll direct deposit and checks #62119 through #62128, #62137 through #62138 for $506,173.73, benefit checks #62129 through #62136 and wire payments of $473,209.56 for the pay period March 16, 2016 through March 31, 2016. Financial Impact Claims $2,282,730.71 Payroll Employee checks and direct deposit $506,173.73 Payroll Benefit checks and wire payments $473,209.56 Total Payroll $979,383.29 Staff Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claim cks 04-07-16 FrequentlyUsedProjNumbers 04-07-16 payroll summary 04-05-16 payroll summarya 04-05-16 payroll summaryb 04-05-16 payroll benefits 04-05-16 Packet Pg. 27 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219315 4/7/2016 075578 12TH DRIVER INC 219316 4/7/2016 072627 911 ETC INC 219317 4/7/2016 069798 A.M. LEONARD INC 219318 4/7/2016 065568 ALLWATER INC 219319 4/7/2016 001528 AM TEST INC Voucher List City of Edmonds Invoice Bus Lic refund 36715 C116040404 040116036 91554 219320 4/7/2016 074674 AMERICAN PETROLEUM ENVIRO SVCS 1911031416 219321 4/7/2016 069751 ARAMARK UNIFORM SERVICES PO # Description/Account LI Refund Cst #00331162 LI Refund Cst #00331162 001.000.257.310 Tota MONTHLY 911 DATABASE MAINT Monthly 911 database maint 001.000.31.518.88.48.00 Tota PM: 18" EXTRACTOR FOR INCRE PM: 18" EXTRACTOR FOR INCRE 001.000.64.576.80.31.00 Tota WWTP - DRINKING WATER SERV water services (plus rental/supplies 423.000.76.535.80.31.00 Tota WWTP - MERCURY AND METAL TF mercury and ICP metal testing 423.000.76.535.80.41.31 Tota FLEET - RECYCLE FEES Fleet - Recycle Fees 511.000.77.548.68.48.00 9.5% Sales Tax 511.000.77.548.68.48.00 Tota 1988506371 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 9.5% Sales Tax 3.2.a Page: 1 c ca lid U a� Amoun c 0- m 125.0( 1 : 125.0( `a 4- a) c m 100.0( 1 : 100.0( MI 01 ca a 82.0( 1 : 82.0( ns IC w 0 M 26.2< c 1 : 26.21 a Q. Q rn 75.0( 75.0( " m r 0 85.0( o N 8.0£ 93.01 •� r c m 18.1, E t R .r r a Page: 1 Packet Pg. 28 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 219321 4/7/2016 069751 ARAMARK UNIFORM SERVICES (Continued) 1988528254 1988528255 1988528256 1988532398 PO # Description/Account 001.000.66.518.30.24.00 WWTP - UNIFORMS, MATS AND T uniforms 423.000.76.535.80.24.00 mats and towels 423.000.76.535.80.41.11 9.5% Sales Tax 423.000.76.535.80.24.00 9.5% Sales Tax 423.000.76.535.80.41.11 PARKS MAINT UNIFORM SERVIC 3.2.a Page: 2 E 1.7, i � r 0.1 < a0i E t R .r r Q Page: 2 Packet Pg. 29 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 219321 4/7/2016 069751 ARAMARK UNIFORM SERVICES (Continued) 1988532399 219322 4/7/2016 061659 BAILEY'S TRADITIONAL TAEKWON 20675 TAEKWON-DO 219323 4/7/2016 072581 BARK TIME BLOWER TRUCK SERVICE 15098 PO # Description/Account 111.000.68.542.90.41.00 9.8% Sales Tax 421.000.74.534.80.41.00 9.8% Sales Tax 422.000.72.531.90.41.00 9.8% Sales Tax 423.000.75.535.80.41.00 9.8% Sales Tax 511.000.77.548.68.41.00 FLEET DIVISION UNIFORMS & MAT FLEET DIVISION UNIFORMS 511.000.77.548.68.24.00 FLEET DIVISION MATS 511.000.77.548.68.41.00 9.8% Sales Tax 511.000.77.548.68.24.00 9.8% Sales Tax 511.000.77.548.68.41.00 Total 20675 TAEKWON-DO INSTRUCTIOl' 20675 TAEKWON-DO INSTRUCTIOl' 001.000.64.571.22.41.00 20679 TAEKWON-DO INSTRUCTIOl' 20679 TAEKWON-DO INSTRUCTIOl' 001.000.64.571.22.41.00 Total CITY PARK FALL MATERIAL CITY PARK FALL MATERIAL 001.000.64.576.80.41.00 9.5% Sales Tax 001.000.64.576.80.41.00 Total 3.2.a Page: 3 c ca lid U a� Amoun }; 0 a 0.5( -0a 0.5( aUi L =a 0.5( w c 0.5( 0.4E c�a 0 L 5.2E a E w 0.5, 0 rn M 142.5( m r 274.5( c 417.0( c N Y E 1,260.0( .2 U Page: 3 Packet Pg. 30 3.2.a vchlist Voucher List Page: 4 04/07/2016 8:43:16AM City of Edmonds ca lid Bank code : usbank U a� Voucher Date Vendor Invoice PO # Description/Account Amoun }; 219324 4/7/2016 069226 BHC CONSULTANTS LLC 7596 E5GA.SERVICES THRU 2/19/16 0 E5GA.Services thru 2/19/16 a m 423.200.75.594.35.41.00 16,022.9< 7597 E5FA.SERVICES THRU 2/19/16 a0i L E5FA.Services thru 2/19/16 422.200.72.594.31.41.00 7,080.4: Total: 23,103.3E m 219325 4/7/2016 074640 BLUE CITY PUBLISHING 2422 TOURISM SHOP LOCAL AD DECEM Shop local/tourism ad for December 120.000.31.575.42.41.40 625.0( _ 219326 4/7/2016 074307 BLUE STAR GAS Tota 0886928-IN FLEET FUEL 266.8 GAL Fleet Fuel 266.8 Gal 511.000.77.548.68.34.12 5738 FEET AUTO PROPANE 451.2 GAL Feet Auto Propane 451.2 Gal 511.000.77.548.68.34.12 5765 FLEET AUTO PROPANE 319.1 GA L L L L M 201.6' o a Q. 169.9E Q M 174.9' ., m r 0 196.5z 4 0 N Y 427.1( E 'ca 141.8( c I: 1,433.0j E t R .r r Q Page: 4 Packet Pg. 31 3.2.a vchlist Voucher List Page: 5 04/07/2016 8:43:16AM City of Edmonds ca lid Bank code : usbank U a� Voucher Date Vendor Invoice PO # Description/Account Amoun }; 219327 4/7/2016 075342 BORUCHOWITZ, ROBERT 4/6/16 MARCH 2O16 PUBLIC DEFENSE CC a March 2016 public defense consultan 001.000.22.518.10.41.00 679.1 Total: 679.1 , L =a 219328 4/7/2016 067391 BRAT WEAR 18304 INV#18304 - EDMONDS PD - PECK = DUTY JACKET W/ITEMS 4- c 001.000.41.521.22.24.00 375.0( 9.5% Sales Tax 001.000.41.521.22.24.00 35.6< 18413 INV#18413 - EDMONDS PD - GRIME JUMPSUIT 001.000.41.521.22.24.00 515.0( a 9.5% Sales Tax E 001.000.41.521.22.24.00 48.9: 18414 INV#18414 - EDMONDS PD - PECK U JUMPSUIT p 001.000.41.521.22.24.00 515.0( 9.5% Sales Tax p 001.000.41.521.22.24.00 L 48.9< m Total: 1,538.4$ Q 219329 4/7/2016 075278 BURNS, HOUSTON 3/22-3/29 FIELD ATT 3/22-3/29/16 SOFTBALL FIELD ATTE M 3/22-3/29/16 SOFTBALL FIELD ATTE 001.000.64.571.25.41.00 195.0( Total: 195.0( r 219330 4/7/2016 073029 CANON FINANCIAL SERVICES 15913207 CANON LEASE CHARGES 09 C1030 & C5051 0 001.000.61.557.20.45.00 N 92.6£ C1030 & C5051 E 001.000.22.518.10.45.00 9.5% Sales Tax 001.000.21.513.10.45.00 8.7£ C1030 & C5051 E 001.000.21.513.10.45.00 92.6, R .r r Q Page: 5 Packet Pg. 32 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219330 4/7/2016 073029 CANON FINANCIAL SERVICES 219331 4/7/2016 075577 CASCADE KROPZ LLC 219332 4/7/2016 003510 CENTRAL WELDING SUPPLY Voucher List City of Edmonds Invoice (Continued) 15918438 Bus Lic refund LY 231126 219333 4/7/2016 067314 CERTIFIED FOLDER DISPLAY SVC 513455 219334 4/7/2016 073430 CHUPRINA, LARISSA 219335 4/7/2016 075575 CITY OF SEQUIM 20722 UKRANIAN EGG 16-008-PD PO # Description/Account 9.5% Sales Tax 001.000.61.557.20.45.00 9.5% Sales Tax 001.000.22.518.10.45.00 FEES- EXTRA IMAGES- DEV SER extra images fees 001.000.62.524.10.45.00 Tota LI Refund Cst #00330365 LI Refund Cst #00330365 001.000.257.310 Tota FLEET SUPPLIES Fleet Supplies 511.000.77.548.68.31.20 9.5% Sales Tax 511.000.77.548.68.31.20 Tota DISTRIBUTION OF TOURISM BRO Distribution of tourism brochure 120.000.31.575.42.41.00 Tota 20722 UKRANIAN EGG INSTRUCT 20722 UKRANIAN EGG INSTRUCT 001.000.64.571.22.41.00 Tota INV 16-008-PD GROSSMAN SEMI GROSSMAN SEMINAR 3/30/16 - S 001.000.41.521.40.49.00 Tota 3.2.a Page: 6 c ca lid U a� Amoun }; U) 0 a m 8.8' a� L V +' 4- a� c 762.8: 1,067.2, c� N� 0 125.0( a 1 : 125.0( U w 0 72.0 1 0 6.8: a I : 78.9; Q C rn CM 4,239.6E " 1 : 4,239.6E K C K c 193.6( 1 : 193.6( U f° U H 50.0( 00) 1 : 50.0( E U R .r r a Page: 6 Packet Pg. 33 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 219336 4/7/2016 071389 COASTAL WEAR PRODUCTS INC 6004 219337 4/7/2016 073135 COGENT COMMUNICATIONS INC APR-16 219338 4/7/2016 065683 CORRY'S FINE DRY CLEANING 219339 4/7/2016 075042 COVERALL OF WASHINGTON 219340 4/7/2016 060914 CUMMINS NORTHWEST LLC MARCH 2O16 7100163674 001-94973 219341 4/7/2016 061860 DEPT OF LABOR & INDUSTRIES 268041 PO # Description/Account UNIT 66 - GUTTER BROOMS Unit 66 - Gutter Brooms 511.000.77.548.68.31.10 Freight 511.000.77.548.68.31.10 Sales Tax 511.000.77.548.68.31.10 Tota C/A CITYOFED00001 Apr-16 Fiber Optics Internet Conne 001.000.31.518.87.42.00 Tota DRY CLEANING FEB/MAR 2016 - 3.2.a Page: 7 EC m r 133.8' rz. 0 12.7E o N 13.9: 1 : 160.5' 7. c m 177.2E E R .r r Q Page: 7 Packet Pg. 34 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219341 4/7/2016 061860 DEPT OF LABOR & INDUSTRIES 219342 4/7/2016 073772 DIRECT MATTERS Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Boys & Girls Club (1) 001.000.66.518.30.49.00 City Parks Bldg (5) 001.000.66.518.30.49.00 City Hall (1) 001.000.66.518.30.49.00 Library (!) 001.000.66.518.30.49.00 Museum (2) 001.000.66.518.30.49.00 PS (5) 001.000.66.518.30.49.00 FS 17 (3) 001.000.66.518.30.49.00 FS 20 (2) 001.000.66.518.30.49.00 Old PW 001.000.66.518.30.49.00 PW (3) 001.000.66.518.30.49.00 Sr Center (4) 001.000.66.518.30.49.00 WWTP (6) 001.000.66.518.30.49.00 Yost Pool (6) 001.000.66.518.30.49.00 FS 16 (3) 001.000.66.518.30.49.00 MCH (1) 001.000.66.518.30.49.00 54175 SUPPLIES SUPPLIES 3.2.a Page: 8 c ca lid U a� Amoun }; 0 a am 25.3E a� L 126.7E =a 4- 25.3E c m 25.3E c� 50.7( 0 L 126.7E a E 76.0E 'ca 4- 50.7( 0 50.7( o a Q. 76.0E Q rn 101.4( 152.1( 152.1( 9 0 76.0E Y E 25.3E Total: 1,318.0( r c m E t R .r r Q Page: 8 Packet Pg. 35 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 219342 4/7/2016 073772 DIRECT MATTERS (Continued) 219343 4/7/2016 070244 DUANE HARTMAN & ASSOCIATES INC 15-2511.3 219344 219345 4/7/2016 007675 EDMONDS AUTO PARTS 16-2545.1 10058577 10058658 10058659 4/7/2016 074302 EDMONDS HARDWARE & PAINT LLC 001443 PO # Description/Account 001.000.23.523.30.31.00 Tota TO 15-03.SERVICES THRU 3/27/1 TO 15-03.Services thru 3/27/16 132.000.64.594.76.41.00 E6FB.TO 16-01.SERVICES THRU E6FB.TO 16-01.Services thru 3/20/ 422.200.72.594.31.41.00 Tota PM: SYNTHETIC OIL PM: SYNTHETIC OIL 001.000.64.576.80.31.00 9.5% Sales Tax 001.000.64.576.80.31.00 PM: OIL, INNFLATOR GAUGE PM: OIL, INNFLATOR GAUGE 001.000.64.576.80.31.00 9.5% Sales Tax 001.000.64.576.80.31.00 PM: 1/4 NPT PLUG MALE PM: 1/4 NPT PLUG MALE 001.000.64.576.80.31.00 9.5% Sales Tax 001.000.64.576.80.31.00 PM: ROLL COVER PM: ROLL COVER 001.000.64.576.80.31.00 9.5% Sales Tax 001.000.64.576.80.31.00 Tota Tota 3.2.a Page: 9 6 3/; 1E c ca lid U a� _ Amoun }; 0 0- 770.9, a) 1 : 770.9; a� 261.0( c m � 4,454.0( r- 1 : 4,715.0( o 0 0 a 67.4z .E U 6.4' o 0 23.3( a Q. 2.2' Q rn M m r 0.1: c 1 : 100.7' It 0 N E 1 : 13.1( t R .r r Q Page: 9 Packet Pg. 36 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 219346 4/7/2016 008812 ELECTRONIC BUSINESS MACHINES AR35613 219347 219348 AR35817 AR35875 4/7/2016 070515 EMERALD CITY HARLEY-DAVIDSON 161393 4/7/2016 009410 EVERETT STEEL INC PO # Description/Account COPIER CHARGES C1030 C5051 001.000.61.557.20.45.00 C1030 C5051 001.000.22.518.10.45.00 C1030 C5051 001.000.21.513.10.45.00 9.5% Sales Tax 001.000.61.557.20.45.00 9.5% Sales Tax 001.000.22.518.10.45.00 9.5% Sales Tax 001.000.21.513.10.45.00 CUST# MK5533 C5051 GQM52286 C Meter charges 02/29/16 - 03/29/16 Bt 001.000.31.514.23.48.00 9.5% Sales Tax 001.000.31.514.23.48.00 WWTP - OFFICE MACHINE USE 2/10/16 - 3/9/16 423.000.76.535.80.45.41 9.5% Sales Tax 423.000.76.535.80.45.41 Total UNIT 203 - BRAKE SUPPLIES Unit 203 - Brake Supplies 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 Total 124810 FLEET SHOP SUPPLIES Fleet Shop Supplies 511.000.77.548.68.31.20 9.5% Sales Tax 3.2.a Page: 10 c ca lid U a� Amoun }; 0 a am 54.9� a� L 54.9� =a 54.9E c m 5.2: c� 5.Z 0 CU 5.2' a E 92.4£ 4- 0 8.7� 0 L Q Q. 331.0, Q rn 31.4E 644.31 m r 0 177.9: c N Y 16.9( 194.& E c� r c m 90.7E E t R .r r Q Page: 10 Packet Pg. 37 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 219348 4/7/2016 009410 EVERETT STEEL INC (Continued) 219349 4/7/2016 066378 FASTENAL COMPANY WAMOU38931 WAMOU39116 WAMOU39121 WAMOU39142 WAMOU39144 219350 4/7/2016 011900 FRONTIER 253-003-6887 425-745-5055 PO # Description/Account 511.000.77.548.68.31.20 3.2.a Page: 11 c ca lid U a� Amoun }; 0 0- 8.6, 0 Total : 99.3, 41 FLEET SHOP SUPPLIES Fleet Shop Supplies 511.000.77.548.68.31.20 9.5% Sales Tax 511.000.77.548.68.31.20 FLEET SHOP SUPPLIES Fleet Shop Supplies 511.000.77.548.68.31.20 9.5% Sales Tax 511.000.77.548.68.31.20 UNIT 38 SUPPLIES Unit 38 Supplies 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 WWTP - SUPPLIES, FACILITIES 2-304SS150 90ELB; 2"-304SS150 423.000.76.535.80.31.23 9.5% Sales Tax 423.000.76.535.80.31.23 W WTP - REPAIR/REPLACE, MEC LEED filters, various 423.000.76.535.80.48.21 9.5% Sales Tax 423.000.76.535.80.48.21 Tota LIFT STATION #6 VG SPECIAL AC LIFT STATION #6 VG SPECIAL ACC 423.000.75.535.80.42.00 MEADOWDALE PRESCHOOL PH MEADOWDALE PRESCHOOL PH H� 5.1( 0 a 0.4� E .2 U 32.1 £ 0 3.0( 0 L a Q 877.9E rn M 83.4' m 1,899.0E o 0 180.4' Y I : 3,128.W U E CE 'ca or or 41.8' c E a Page: 11 Packet Pg. 38 vchlist 04/07/2016 8:43:16AM Bank code : Voucher usbank Date Vendor 219350 4/7/2016 011900 FRONTIER 219351 4/7/2016 075579 FUNK, BRIAN 219352 219353 219354 4/7/2016 075163 GARCIA-GARCIA, CESAR 4/7/2016 073922 GAVIOLA, NIKKA Voucher List City of Edmonds Invoice (Continued) 032716 11995 20689 TAEKWON-DO 4/7/2016 063137 GOODYEAR AUTO SERVICE CENTER 129865 130333 PO # 3.2.a Page: 12 ca lid U w Description/Account Amoun U }; 0 001.000.64.571.29.42.00 91.5E 0- PARKS MAINT IP LINE (10 + TAX) }, 001.000.66.518.30.42.00 10.9E L Total : 144.31 WWTP - CONTINUING EDUCATION a Continuing Education Travel, Brian Ft 423.000.76.535.80.43.00 187.5( Total: 187.5( INTERPRETER FEES 0 INTERPRETER FEES 001.000.23.512.50.41.01 105.3, Total : 105.3, . 20689 TAEKWON-DO INSTRUCTIOI` w 20689 TAEKWON-DO INSTRUCTIOl' 0 001.000.64.571.27.41.00 395.0( > Total: 395.0( o UNIT 24 - TIRE INVENTORY Unit 24 - Tire Inventory 511.000.77.548.68.34.30 State Tire Fees 511.000.77.548.68.34.30 9.5% Sales Tax 511.000.77.548.68.34.30 FLEET TIRE INVENTORY (15) Fleet Tire Inventory (15) 511.000.77.548.68.34.30 State Tire Fees 511.000.77.548.68.34.30 9.5% Sales Tax 511.000.77.548.68.34.30 Tota N M 585.2, 2.0( m r 55.6( 9 0 N 1,716.0: 15.0( U c 163.0, m I: 2,536.8i R .r r Q Page: 12 Packet Pg. 39 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 219355 4/7/2016 072515 GOOGLE INC 3360047260 BILLING ID# 5030-2931-5908 Google Apps - Mar-2016 001.000.31.518.88.48.00 Tota 219356 4/7/2016 075483 HARDESTY, STEPHANIE 3/24 PRESCHOOL SUB 3/24/16 PRESCHOOL SUB 3/24/16 PRESCHOOL SUB 001.000.64.571.29.41.00 Tota 219357 4/7/2016 074804 HARLES, JANINE 197338 PHOTOGRAPHY FOR MARCH 201 Photography for March 2016 001.000.61.558.70.41.00 Tota 219358 4/7/2016 012900 HARRIS FORD INC 160161 UNIT 527 - TUBE ASSEMBLY Unit 527 - Tube Assembly 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 160239 UNIT 527 - KIT Unit 527 - Kit 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 Tota 219359 4/7/2016 072647 HERRERA ENVIRONMENTAL 38230 PLAN REVIEW SUPPORT THRU 2 Plan Review Support thru 2/26/16 001.000.67.518.21.41.00 Tota 219360 4/7/2016 074966 HIATT, ELLEN COE 2016 0406 TOURISM COMMUNICATIONS AN Tourism communications and mark 120.000.31.575.42.41.00 Tota 3.2.a Page: 13 c ca lid U a� _ Amoun }; 0 0- am 31.0( 1 : 31.0( L =a aD c 42.0( 1 : 42.0( c 6 0 200.0( ca 1 : 200.0( E U 93.8. c c� 8.9' a Q. Q 12.8: M 1.2, 116.71 m r- /2 9 0 2,312.8( 1 : 2,312.8( D f° eti 1,500.0( I: 1,500.0( E R .r r Q Page: 13 Packet Pg. 40 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 219361 4/7/2016 074746 HIGUCHI, ROD 20671 UKULELE 20671 UKULELE INSTRUCTION 20671 UKULELE INSTRUCTION 001.000.64.571.22.41.00 Tota 219362 4/7/2016 060165 HWA GEOSCIENCES INC 26532 E4JB.SERVICES THRU 3/19/16 E4JB.Services thru 3/19/16 421.200.74.594.34.41.00 Tota 219363 4/7/2016 073548 INDOFF INCORPORATED 2773923 COPIER PAPER Copier paper 001.000.61.557.20.31.00 Copier paper 001.000.21.513.10.31.00 Copier paper 001.000.22.518.10.31.00 9.8% Sales Tax 001.000.61.557.20.31.00 9.8% Sales Tax 001.000.21.513.10.31.00 9.8% Sales Tax 001.000.22.518.10.31.00 2775837 SUPPLIES SUPPLIES 001.000.23.523.30.31.00 2776675 WWTP - SUPPLIES, OFFICE Copy paper, legal size 423.000.76.535.80.31.41 9.5% Sales Tax 423.000.76.535.80.31.41 2776676 SMEAD FILE FOLDERS 1/3 TAB 3/ Smead Manila File Folders 3/4" 001.000.31.514.23.31.00 9.5% Sales Tax 001.000.31.514.23.31.00 3.2.a Page: 14 c ca lid U a� Amoun }; 0 a am 214.5( 214.5( i =a a� c 380.0( 380.0( c c� 0 25.3: a 25.3: E U 25.3: o 2.4' o L a 2.4' Q 2.4( M w 109.5! r 0 4 0 76.8( Y 7.3( E 4' r 14.9( E 1.4. R .r r Q Page: 14 Packet Pg. 41 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219363 4/7/2016 073548 INDOFF INCORPORATED 219364 4/7/2016 069040 INTERSTATEAUTO PARTS Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 2777054 STAMP PAD REFILLS Stamp pad refills 001.000.31.514.23.31.00 9.5% Sales Tax 001.000.31.514.23.31.00 2777244 RUBBER BANDS Rubber bands size #19 001.000.31.514.23.31.00 9.5% Sales Tax 001.000.31.514.23.31.00 2777671 DESK FOR HAUSS Desk for Hauss 001.000.67.518.21.49.00 9.5% Sales Tax 001.000.67.518.21.49.00 2777893 WWTP - SUPPLIES, OFFICE pens, Sharpie 423.000.76.535.80.31.41 9.5% Sales Tax 423.000.76.535.80.31.41 2777897 LEGAL SIZE FOLDERS WITH FAS NATURE SAVER FASTENER FOLD 001.000.25.514.30.31.00 9.5% Sales Tax 001.000.25.514.30.31.00 2779997 OFFICE SUPPLIES - HR Office supplies - HR 001.000.22.518.10.31.00 9.8% Sales Tax 001.000.22.518.10.31.00 Tota 906-607187 FLEET BRAKE PARTS INVENTOR 3.2.a Page: 15 c ca lid U a� Amoun }; 0 a m 27.8( aa) a+' L =a 2.6z c m 3.9( c� 0.3( o L c� a 1,623.8: 154.2 1 w 0 ns 12.1( i a Q. 1.1E Q ri E M 56.8� Y m r 5.4( rZ. 0 0 72.0( Y 6.81 . I : 2,260.6, r � m E 694.9( R .r r Q Page: 15 Packet Pg. 42 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219364 4/7/2016 069040 INTERSTATE AUTO PARTS 219365 4/7/2016 072530 JACOBSEN'S MARINE 219366 4/7/2016 075062 JAMESTOWN NETWORKS Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 9.5% Sales Tax 511.000.77.548.68.34.40 32993 PM: UTILITY VEST PM: UTILITY VEST 001.000.64.576.80.31.00 9.5% Sales Tax 001.000.64.576.80.31.00 3945 219367 4/7/2016 075582 JOHANNESSEN, LAURI A & NORMAN E 1-06425 219368 4/7/2016 075583 JOHANNESSEN, NORMAN E 1-06425 219369 4/7/2016 075584 JOHANNESSEN, NORMAN E & TONI G 1-06425 219370 4/7/2016 074924 JONES-THOMAS, JONATHAN 032716 Tota Tota FIBER OPTICS INTERNET CONN Apr-16 Fiber Optics Internet Conne 001.000.31.518.87.42.00 9.8% Sales Tax 001.000.31.518.87.42.00 Tota STORM DRAIN REIMBURSEMENT Storm drain reimbursement - 22109 411.000.233.000 Tota STORM DRAIN REIMBURSEMENT Storm drain reimbursement - 22109 411.000.233.000 Tota STORM DRAIN REIMBURSEMENT Storm drain reimbursement - 22109 411.000.233.000 Tota WWTP-CONTINUING EDUCATION Jonathan Jones -Thomas Continuing 423.000.76.535.80.43.00 3.2.a Page: 16 c ca lid U a� _ Amoun }; 0 0- am 66.0, 1 : 760.91 i =a aD c 7.6£ 0.7< cm 1 : 8.4� o 0 EC CU cti 0" 500.0( . U 49.0( —0 549.0( @ 0 a Q. 585.7z Q 1 : 585.71 M m r 73.1. 1 : 73.1; 9 0 N Y V 113.9, . 1 : 113.9, r l � m l E 454.9 1 R .r r a Page: 16 Packet Pg. 43 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 219370 4/7/2016 074924 074924 JONES-THOMAS, JONATHAN (Continued) 219371 4/7/2016 072650 KCDA PURCHASING COOPERATIVE 300019347 219372 4/7/2016 075297 KGS NORTHWEST LLC 6843-1 219373 4/7/2016 017050 KWICK'N KLEEN CAR WASH 01082016-3 03082016-03 Description/Account Tota INV#300019347 ACCT#100828 - E 10 CASES MULTI USE COPY PAP 001.000.41.521.10.31.00 HANDLING FEE 001.000.41.521.10.31.00 9.5% Sales Tax 001.000.41.521.10.31.00 Tota W WTP - REPAIR/REPLACE, MEC Chevron -style Buna packing for Pra 423.000.76.535.80.48.21 9.5% Sales Tax 423.000.76.535.80.48.21 CITY CAR WASHES City Car Washes 511.000.77.548.68.48.00 CITY CAR WASHES City Car Washes 511.000.77.548.68.48.00 Tota 3.2.a Page: 17 c ca lid U a� _ Amoun }; 1 : 454.9, 0 am DI EF m 242.3( 4- 50.9( m 23.0, 1 : 316.2, cm H� 0 L tt M 450.0( E 42.7E 1 : 492.7E c 0 a 10.0E Q rn Cl) 15.0( Total : 25.1E " w 219374 4/7/2016 017135 LANDAU ASSOCIATES INC 0036898 PROF SERV- ABBOTT RESIDENCE r PROF SERV- ABBOTT RESIDENCE C 001.000.62.524.20.41.00 214.2E G 0036910 REVIEW-ABBOTT RESIDENCE FOR Y ESLHA REVIEW- ABBOTT 001.000.62.524.20.41.00 2,498.2E 0036911 LORIAN WOODS LANDSLIDE GEO LORIAN WOODS LANDSLIDE GEO r 001.000.62.524.20.41.00 11494.5( a0i Tota Page: 17 Packet Pg. 44 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 219375 4/7/2016 018980 LYNNWOOD HONDA 945138 UNIT 62 - FILTERS Unit 62 - Filters 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 Tota 219376 4/7/2016 074263 LYNNWOOD WINSUPPLY CO 011776-00 PM: APOLLO, VALV, PIPE, ARC, NI PM: APOLLO, VALV, PIPE, ARC, NI 132.000.64.594.76.65.00 9.5% Sales Tax 132.000.64.594.76.65.00 011857-00 PM: DIA CAN -MATE DAUB, EXTEN PM: DIA CAN -MATE DAUB, EXTEN 132.000.64.594.76.65.00 9.5% Sales Tax 132.000.64.594.76.65.00 011859-00 CITY PARK PARTS CITY PARK PARTS 132.000.64.594.76.65.00 9.5% Sales Tax 132.000.64.594.76.65.00 Tota 219377 4/7/2016 075425 MCARTHUR, AMELIA 3/15-3/29 GYM ATTEND 3/15-3/29/16 VOLLEYBALL GYM AT 3.2.a Page: 18 T T c ca lid U a� _ Amoun }; 0 a am 32.3, a� L 3.00 =a I : 35.35 aD c P P 792.2, cm 0 75.2( S f° a S 219.1: 20.8. o 0 0 L -45.3 m Q I : 1,057.7, ., m r 60.0( c D c D w 30.0( 1 : 90.0( E I v c 774.9( t R .r r Q Page: 18 Packet Pg. 45 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219378 4/7/2016 020039 MCMASTER-CARR SUPPLY CO 219379 4/7/2016 069053 MICRO COM SYSTEMS LTD 219380 4/7/2016 072223 MILLER, DOUG 219381 4/7/2016 075539 NATURE INSIGHT CONSULTING 219382 4/7/2016 070855 NAVIA BENEFIT SOLUTIONS 219383 4/7/2016 024302 NELSON PETROLEUM Voucher List City of Edmonds Invoice (Continued) 16655 3/2-3/9 GYM MONITOR 3/23-3/30 GYM MONITO A 10045618 PO # Description/Account 423.000.76.535.80.31.21 SCANNING SERVICES SCANNING SERVICES 001.000.62.524.10.41.00 3.2.a Page: 19 c ca lid U a� Amoun }; 0 0- 20.9z a) Total : 795.9( Tota 3/2-3/9/16 BASKETBALL GYM MO 3/2-3/9/16 BASKETBALL GYM MO 001.000.64.571.25.41.00 3/23-3/30/16 BASKETBALL GYM M 3/23-3/30/16 BASKETBALL GYM M 001.000.64.571.25.41.00 Tota WILLOW CREEK DAYLIGHTING P WILLOW CREEK DAYLIGHTING P 125.000.64.575.50.41.00 Tota MARCH 2O16 SECTION 125 AND 1 March 2016 Section 125 and 132 pl 001.000.22.518.10.41.00 Tota 0578725-IN FLEET SHOP SUPPLIES Fleet Shop Supplies 511.000.77.548.68.31.20 9.5% Sales Tax 511.000.77.548.68.31.20 0578989-IN FLEET FILTER INVENTORY Fleet Filter Inventory 511.000.77.548.68.34.40 9.5% Sales Tax 511.000.77.548.68.34.40 N N U m L 4" 2,374.0: 1 : 2,374.0' I' c 85.0( o O O 0' 70.0( , 1 : 155.0( w R, 0 R, f° 1,718.7E a I : 1,718.7E Q 3 ai M 90.0( 1 : 90.0( m r 0 4 0 209.0( Y 19.8( . ca r 110.6E E t 10.5, .r r Q Page: 19 Packet Pg. 46 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 219383 4/7/2016 024302 024302 NELSON PETROLEUM (Continued) 219384 4/7/2016 065779 NEWMAN TRAFFIC SIGNS INC TI-0294480 219385 4/7/2016 074724 NEWMAN-BURROW LLC 51186 219386 4/7/2016 061013 NORTHWEST CASCADE INC 2-1597484 219387 4/7/2016 061808 OAK HARBOR FREIGHT 23375831 219388 4/7/2016 026200 OLYMPIC VIEW WATER DISTRICT 0054671 219389 4/7/2016 072739 O'REILLYAUTO PARTS 3685-167246 PO # Description/Account Tota TRAFFIC - STOP SIGNS Traffic - Stop Signs 111.000.68.542.64.31.00 Freight 111.000.68.542.64.31.00 Tota EDMONDS PORTION OF 2016 SU EDMONDS PORTION OF 2016 SU 001.000.64.571.22.49.00 Tota HICKMAN PARK HONEY BUCKET HICKMAN PARK HONEY BUCKET 001.000.64.576.80.45.00 Tota WWTP - FREIGHT FOR DIALITE Freight 423.000.76.535.80.48.23 Tota HICKMAN PARK IRRIGATION HICKMAN PARK IRRIGATION 001.000.64.576.80.47.00 HICKMAN PARK DRINKING FOUN HICKMAN PARK DRINKING FOUN 001.000.64.576.80.47.00 Tota FLEET SUPPLIES Fleet Supplies 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 3.2.a Page: 20 c ca lid U a� Amoun }; 350.0:0 CL m 1,897.5( 111.1( 2,008.6( M c M f° 516.0( o 1 : 516.0( ca a E .2 587.6, ,- 587.6, c c� 0 L Q 0. 400.7E Q 400.7E M m 17.4E T/ o T/ 0 92.7E Y 1 : 110.21 E r 15.91 E 1.5, R .r r Q Page: 20 Packet Pg. 47 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219389 4/7/2016 072739 O'REILLYAUTO PARTS Voucher List City of Edmonds Invoice (Continued) 3685-167249 3685-181991 3685-181993 3685-182385 3685-184464 3685-185106 PO # Description/Account FLEET RETURNS Fleet Returns 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 UNIT 125 - WIPER MOTOR Unit 125 - Wiper Motor 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 UNIT 646 - RETURN Unit 646 - Return 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 FLEET RETURNS Fleet Returns 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 UNIT 138 - ANTENNA Unit 138 - Antenna 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 UNIT 36 - SUPPLIES Unit 36 - Supplies 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 FLEET RETURNS Fleet Returns 511.000.77.548.68.31.10 9.5% Sales Tax 3.2.a Page: 21 c ca lid U a� Amoun }; 0 a am -15.91 a0i L =a w c m 86.1 £ c� 8.1� o L 0 a 119.9� E 11.4( u 4- 0 c� -119.9( o a Q. -11.4( Q rn M 7.9� m r 0.7( 0 0 18.8E Y 1.7( E -20.0( a0i E t R .r r Q Page: 21 Packet Pg. 48 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219389 4/7/2016 072739 O'REILLYAUTO PARTS Voucher List City of Edmonds Invoice (Continued) 3685-185690 3685-188773 3685--189967 3685-191082 3685-191386 3685-191399 3685-191426 PO # Description/Account 511.000.77.548.68.31.10 UNIT 6 - STARTER Unit 6 - Starter 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 UNIT 62 - PARTS Unit 62 - Parts 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 UNIT 47 - SUPPLIES Unit 47 - Supplies 511.000.77.548.68.31.10 Unit 447 Supplies and Freight 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 UNIT 36 - FUEL CAP Unit 36 - Fuel Cap 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 UNIT 872 - SUPPLIES Unit 872 - Supplies 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 UNIT 47 - BOLT EXTENDER Unit 47 - Bolt Extender 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 UNIT 66 - MICRO V BELT 3.2.a Page: 22 c ca lid U a� Amoun }; 0 a -1.9( -0) U a� L 155.6E 14.7E c m 63.4E 0 6.0: 0 a E 38.9E 20.81 0 1.1E m r 7.9E c 0 0.7( Y E 9.9E r 0.9E a0i E t R .r r Q Page: 22 Packet Pg. 49 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219389 4/7/2016 072739 O'REILLYAUTO PARTS 219390 4/7/2016 064070 PALMATIER, LISA 219391 4/7/2016 070962 PAULSONS TOWING INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Unit 66 - Micro V Belt 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 3685-191456 UNIT 872 - SUPPLIES Unit 872 - Supplies 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 3685-191535 FLEET RETURNS g Fleet Returns 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 3685-191968 FLEET SHOP SUPPLIES Fleet Shop Supplies 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 3685-193199 LS 1 GENERATOR G01 - ANTIFRE LS 1 Generator G01 - Antifreeze 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 Tota CONCERTS LP CONCERTS LP JAN-MAR 2016 CONCERTS LP JAN-MAR 2016 117.100.64.573.20.41.00 Tota 109445 UNIT 582 TOWING Unit 582 Towing 511.000.77.548.68.48.00 9.5% Sales Tax 3.2.a Page: 23 c ca lid U a� Amoun }; 0 a am 29.9� a� L 2.8E 4- aD c 6.5. 0.6, c�a 20.6E > 0 1.9( a E. Q rn 11.9� r 496.5; rZ. 0 0 N Y 704.0( 704.0( ,E c� r c m 166.0( E t R .r r Q Page: 23 Packet Pg. 50 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219391 4/7/2016 070962 PAULSONS TOWING INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 511.000.77.548.68.48.00 3.2.a Page: 24 c ca lid U a� _ Amoun }; 0 a 15.71 -0) Total : 181.7, +. a� 219392 4/7/2016 027450 PAWS MARCH 2O16 INV DATED 3/8/16 - EDMONDS PD 4 ANIMALS @ $175 - 2/2016 = 001.000.41.521.70.41.00 700.0( MARCH 2O16 INVOICE 3/8/16 FOR FEB 2016 - RE m RECLAIM FEE PAID BY GUARDIAN 001.000.41.521.70.41.00 -70.0( cm Total : 630.0( = 0 L 219393 4/7/2016 075183 PETERSON FRUIT CO 351390 MARCH 2O16 WELLNESS COMMITI >' c� March 2016 Wellness Committee fruit 0- 001.000.22.518.10.49.00 87.0( , Total: 87.0( f° 219394 4/7/2016 008350 PETTY CASH 4/4 PARKS PETTY CASH 4/4/16 PARKS PETTY CASH w 0 LEACH: VALUE VILLAGE: CAMP SU f° 001.000.64.571.23.31.00 1.3( PARKER: HOBBY LOBBY: PRESCH( a 001.000.64.571.29.31.00 8.7, Q PARKER: DOLLAR TREE: PRESCH( rn 001.000.64.571.29.31.00 M 6.5 , STEELE-SMITH: DISPLAY & COSTU 001.000.64.571.28.31.00 4.3( COLLEY: FRED MEYER: DISCOVER c 001.000.64.571.23.31.00 1.0£ 9 VALUE VILLAGE: MCRAE: VIDEO C 001.000.64.571.29.31.00 N 7.6E OFFICE DEPOT: STEELE-SMITH: S' E 001.000.64.571.28.31.00 17.4E 'cls WALMART: EDWARDS: WATER JUC 130.000.64.536.50.31.00 13.9< DOLLAR TREE: PARKER: SUPPLIE: 001.000.64.571.29.31.00 8.6� R .r r Q Page: 24 Packet Pg. 51 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 219394 4/7/2016 008350 PETTY CASH (Continued) 219395 4/7/2016 068411 PHILLIPS 66 - CONOCO 76 3172 219396 4/7/2016 075580 PICKETT, JEANNE & RODGER 1-06425 219397 219398 219399 4/7/2016 073546 PITNEY BOWES RESERVE ACCOUNT 04052016 4/7/2016 028860 PLATT ELECTRIC SUPPLY INC 4/7/2016 075432 POINT BLANK ENTERPRISES J075892 IF-1229257 IF-1229444 PO # Description/Account 3.2.a Page: 25 c ca lid U w U _ Amoun }; 0 0- COSTCO: PARKER: SENSORY TABI m 001.000.64.571.29.31.00 9.9£ FRED MEYER: PARKER: SEEDS & F L 001.000.64.571.29.31.00 10.5' =a Total : 90.3' UNIT 49 - GAS Unit 49 - Gas 511.000.77.548.68.34.11 Tota STORM DRAIN REIMBURSEMENT Storm drain reimbursement - 22109 411.000.233.000 Tota REPLENISH POSTAGE METER REPLENISH POSTAGE METER 001.000.25.514.30.42.00 Tota WWTP - SUPPLIES, ELECTRICAL clamps, conduit 423.000.76.535.80.31.22 9.5% Sales Tax 423.000.76.535.80.31.22 Tota INV#IF-1229257 - MCINTYRE - ED AXIIIA BALLISTIC VEST 001.000.41.521.22.24.00 Freight 001.000.41.521.22.24.00 INV#IF-129444 - MOORE - EDMON AXIIIA BALLISTIC VEST a� c m 24.0( 24.0( o 0 0 a 438.3E .9 438.3E TU 4- 0 8,000.0( a 8,000.0( Q rn M 60.8( m r 5.7£ 1 : 66.51 9 0 Mi Y 896.0( .9 Page: 25 Packet Pg. 52 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 219399 4/7/2016 075432 POINT BLANK ENTERPRISES (Continued) 001.000.41.521.22.24.00 Freight 001.000.41.521.22.24.00 IF-1230183 INV#IF-1230183 - RAMSEUR - ED 219400 219401 4/7/2016 071811 PONY MAIL BOX & BUSINESS CTR 218148 4/7/2016 071594 PROFORCE LAW ENFORCEMENT 268428 219402 4/7/2016 064088 PROTECTION ONE 2422756 2445047 3.2.a Page: 26 M( c ca lid U a� Amoun }; 0 a 896.0( -0a 5.9( 4) L 4- 896.0( c m 5.7 , MC 0 896.0( j, c� a 7.1' E 3,611.35 WWTP - POSTAGE o Dept. of L&I Safety and Health video 0 423.000.76.535.80.42.00 31.1( 0 Tota INV#268428 - EDMONDS PD TSR X26P CLASS III TASERS 001.000.41.521.40.35.00 PERFORMANCE POWER MAGAZI 001.000.41.521.40.35.00 9.5% Sales Tax 001.000.41.521.40.35.00 Tota ALARM MONITORING SNO-ISLE L ALARM MONITORING SNO-ISLE L 001.000.66.518.30.42.00 ALARM MONITORING SENIOR CE ALARM MONITORING SENIOR CE 001.000.66.518.30.42.00 31.1( a Q. Q rn M 2,732.2E N., m 165.4E r 0 275.2E c I : 3,172.91 w IE E I 235.0E N N 122.4� t R .r r a Page: 26 Packet Pg. 53 3,611.35 WWTP - POSTAGE o Dept. of L&I Safety and Health video 0 423.000.76.535.80.42.00 31.1( 0 Tota INV#268428 - EDMONDS PD TSR X26P CLASS III TASERS 001.000.41.521.40.35.00 PERFORMANCE POWER MAGAZI 001.000.41.521.40.35.00 9.5% Sales Tax 001.000.41.521.40.35.00 Tota ALARM MONITORING SNO-ISLE L ALARM MONITORING SNO-ISLE L 001.000.66.518.30.42.00 ALARM MONITORING SENIOR CE ALARM MONITORING SENIOR CE 001.000.66.518.30.42.00 31.1( a Q. Q rn M 2,732.2E N., m 165.4E r 0 275.2E c I : 3,172.91 w IE E I 235.0E N N 122.4� t R .r r a Page: 26 Packet Pg. 53 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 219402 4/7/2016 064088 064088 PROTECTION ONE (Continued) 219403 4/7/2016 030400 PUGET SOUND CLEAN AIR AGENCY 16-033S 219404 4/7/2016 046900 PUGET SOUND ENERGY 219405 4/7/2016 070809 PUGET SOUND EXECUTIVE 219406 4/7/2016 075565 PVP COMMUNICATIONS 219407 4/7/2016 064769 ROMAINE ELECTRIC 219408 4/7/2016 066964 SEATTLE AUTOMOTIVE DIST INC 200009595790 200019375639 15-2559 Description/Account Tota Q2-2016 CLEAN AIR ASSESSMEN Q2-16 Clean Air Assessment per R COURT SECURITY COURT SECURITY 001.000.23.512.50.41.00 3.2.a Page: 27 C� T -0 484.3E c c� 1 4,537.5( o Total: 4,537.5( f° 0 L 23069 UNIT E112PO - SPEAKERMIC W/ W 0- Q. Unit E112PO - Speakermic w/ Wirele: Q 511.100.77.594.48.64.00 595.0( Freight M 511.100.77.594.48.64.00 15.0( Total : 610.0( m r 5-008414 UNIT 451 - BATTERY o Unit 451 - Battery c 511.000.77.548.68.31.10 94.0( Y 9.5% Sales Tax 511.000.77.548.68.31.10 8.9, . Total: 101W f° S3-879811 UNIT 448 - PARKING BREAK SHOE c Unit 448 - Parking Break Shoe m E 511.000.77.548.68.31.10 22.9E R .r r Q Page: 27 Packet Pg. 54 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 219408 4/7/2016 066964 SEATTLE AUTOMOTIVE DIST INC (Continued) 9.5% Sales Tax 511.000.77.548.68.31.10 S3-881993 FLEET BRAKE SHOE INVENTORY Fleet Brake Shoe Inventory 511.000.77.548.68.34.40 9.5% Sales Tax 511.000.77.548.68.34.40 S3-882090 UNIT 448 - RING GEAR, CYLINDRI Unit 448 - Ring Gear, Cylindrical 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-882107 UNIT 448 - PARKING BRAKE SHOE Unit 448 - Parking Brake Shoe 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-883996 UNIT 455 - MOTOR Unit 455 - Motor 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-884089 UNIT 455 - WINDOW SWITCH Unit 455 - Window Switch 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-886043 UNIT 129 - FUEL PUMP ASSEMBL 3.2.a Page: 28 c ca lid U a� _ Amoun }; 0 a am 2.1E a� L 493.1 £ d c 46.8E M C c c� 160.6E o L 15.2E a 22.9E 4- 0 53.2( Q CD5.0( Y m r 58.9E 0 5.6( o w 423.Z .E ca 40.2' m E t R .r r Q Page: 28 Packet Pg. 55 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 219408 4/7/2016 066964 SEATTLE AUTOMOTIVE DIST INC (Continued) 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-893624 UNIT 51 - RESISTOR Unit 51 - Resistor 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-893629 UNIT 454 - SWITCH Unit 454 - Switch 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-893817 UNIT M16 - EXHAUST MANIFOLD Unit M16 - Exhaust Manifold Gasket 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-894824 UNIT 455 RETURNS Unit 455 Returns 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-896735 UNIT 89 - BATTERY Unit 89 - Battery 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-899232 UNIT 411 - MOTOR Unit 411 - Motor 511.000.77.548.68.31.10 9.5% Sales Tax 511.000.77.548.68.31.10 S3-899740 UNIT 121 - STARTER 3.2.a Page: 29 c ca lid U a� Amoun }; 0 a 94.8: 9.0' m L 19.3E c m 1.8z c� 0 j 43.0E , c� a 4.1( G ; U 9.1E o 4.5, m r 98.7z c 0 9.3E Y E 53.2( r 5.0( a0i E t R .r r Q Page: 29 Packet Pg. 56 3.2.a vchlist Voucher List Page: 30 04/07/2016 8:43:16AM City of Edmonds ca lid Bank code : usbank U a� Voucher Date Vendor Invoice PO # Description/Account Amoun }; 219408 4/7/2016 066964 SEATTLE AUTOMOTIVE DIST INC (Continued) 0 Unit 121 - Starter m 511.000.77.548.68.31.10 120.3' 9.5% Sales Tax L 511.000.77.548.68.31.10 11.4' =a S3-902506 UNIT 452 - SWITCH Unit 452 - Switch c 511.000.77.548.68.31.10 15.3' 9.5% Sales Tax 511.000.77.548.68.31.10 1.4( c�a Total: 1,797.0: o L 219409 4/7/2016 074997 SEITEL SYSTEMS, LLC 35810 MAR- 2016 REMOTE & ONSITE COIN a Remote and Onsite computer supporl 001.000.31.518.88.41.00 1,821.2E •� Total: 1,821.2E 6 4- 0 219410 4/7/2016 071725 SKAGIT GARDENS INC 52242605 FLOWER PROGRAM: PLANTS — FLOWER PROGRAM: PLANTS cu c 125.000.64.576.80.31.00 1,976.5z a 9.5% Sales Tax Q 125.000.64.576.80.31.00 187.7 Total: 2,164.3' CD 219411 4/7/2016 036955 SKY NURSERY T-0675290 FLOWER PROGRAM: PLANTS, RAV FLOWER PROGRAM: PLANTS, RAI t° r 125.000.64.576.80.31.00 180.8: c 9.5% Sales Tax 125.000.64.576.80.31.00 17.1 £ w T-0675294 FLOWER PROGRAM: PLANTS Y FLOWER PROGRAM: PLANTS E 125.000.64.576.80.31.00 203.8 'ca 9.5% Sales Tax 125.000.64.576.80.31.00 19.3 Total: 421.2E E t R .r r Q Page: 30 Packet Pg. 57 3.2.a vchlist Voucher List Page: 31 04/07/2016 8:43:16AM City of Edmonds ca lid Bank code : usbank U W Voucher Date Vendor Invoice PO # Description/Account Amoun }; 219412 4/7/2016 071502 SLENKER, ROBERT 032716 WWTP - CONTINUING EDUCATION 0 Robert Slenker Continuing Ed Travel- 423.000.76.535.80.43.00 454.9 1 Total: 454.9, i 219413 4/7/2016 071602 SME SOLUTIONS LLC 207501 FLEET - FUEL ISLAND TURBINE RE =a = Fleet - Fuel Island Turbine Repair 4- c 511.000.77.548.68.48.00 5,276.7: 9.5% Sales Tax 511.000.77.548.68.48.00 501.3' 209602 FLEET FUEL ISLAND REPAIRS Fleet Fuel Island Repairs 0 511.000.77.548.68.48.00 1,156.9( a 9.5% Sales Tax 511.000.77.548.68.48.00 109.9( Total: 7,044.81 U 4- 0 219414 4/7/2016 060889 SNAP -ON INDUSTRIAL ARV/28315078 FLEET - SHOP TOOLS Fleet - Shop Tools cu > 0 511.000.77.548.68.35.00 348.8< a 9.5% Sales Tax Q 511.000.77.548.68.35.00 33.1 E ARV/28420414 FLEET SHOP TOOL M Fleet Shop Tool 511.000.77.548.68.35.00 269.9E 9.5% Sales Tax r 511.000.77.548.68.35.00 25.6E c Total: 677.5$ It 219415 4/7/2016 074651 SNO CO CLERKS OFFICE E1CA.ROW E1CA.THREE GRACES SETTLEMEP N E1CA.Three Graces Settlement E 112.000.68.595.20.61.00 107,400.0( 'M Total: 107,400.0( 219416 4/7/2016 037303 SNO CO FIRE DIST# 1 Q2-2016 Q2-2016 FIRE SERVICES CONTRA( r Q2-2016 Fire Services Contract Payn R .r r Q Page: 31 Packet Pg. 58 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219416 4/7/2016 037303 SNO CO FIRE DIST # 1 219417 4/7/2016 066754 SNO CO PUBLIC WORKS 219419 4/7/2016 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.39.522.20.51.00 Retro Payment #6 for 2013-2014 La 001.000.39.522.20.51.00 Tota 1000406265 E6CA.SERVICES THRU 1/31/16 E6CA.Services thru 1/31/16 112.000.68.595.33.41.00 Tota 2001-2487-3 TRAFFIC LIGHT 9933 100TH AVE TRAFFIC LIGHT 9933 100TH AVE 111.000.68.542.64.47.00 2002-0291-9 LIFT STATION #8 113 RAILROAD 3.2.a Page: 32 AV c ca lid U a� Amoun }; 0 a 1,776,042.5( -0a b +. 200,507.6( i I: 1,976,550.1( 4- aD c m 804.5< I : 804.51 W o W 36.5' 0" E AV U 72.6( o W � W o 15.1 a 0( Q- 0( Q 1,523.6: M W 25.4E W CD 0 W 4 14.3' w M Y M E 121.1£ 'ca A\ � A\ � 20.6z E V R .r r Q Page: 32 Packet Pg. 59 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219419 4/7/2016 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) TRAFFIC LIGHT 23202 EDMONDS V 111.000.68.542.64.47.00 2010-5432-7 BRACKETT'S LANDING NORTH 50 f BRACKETT'S LANDING NORTH 50 f 001.000.64.576.80.47.00 2011-8789-5 TRAFFIC LIGHT 21132 76TH AVE W TRAFFIC LIGHT 21132 76TH AVE W 111.000.68.542.64.47.00 2011-9222-6 TRAFFIC LIGHT 20408 76TH AVE W TRAFFIC LIGHT 20408 76TH AVE W 111.000.68.542.64.47.00 2013-2711-1 PINE ST PARK PINE ST PARK 001.000.64.576.80.47.00 2015-0127-7 LIFT STATION #14 7905 1/2 211TH F LIFT STATION #14 7905 1/2 211TH F 423.000.75.535.80.47.10 2015-3292-6 LIFT STATION #7 121 W DAYTON S- LIFT STATION #7 121 W DAYTON S- 423.000.75.535.80.47.10 2015-5730-3 CEMETERY BUILDING CEMETERY BUILDING 001.000.64.576.80.47.00 2015-6343-4 TRAFFIC LIGHT 660 EDMONDS WA TRAFFIC LIGHT 660 EDMONDS WA 111.000.68.542.64.47.00 2016-1027-6 OVERHEAD STREET LIGHTING AT i OVERHEAD STREET LIGHTING AT i 001.000.64.576.80.47.00 2017-0375-8 PEDEST CAUTION LIGHT 23190 10( PEDEST CAUTION LIGHT 23190 10( 111.000.68.542.64.47.00 2017-1178-5 STREET LIGHTING (183 LIGHTS @ STREET LIGHTING (183 LIGHTS @ 111.000.68.542.63.47.00 3.2.a Page: 33 c ca lid U a� Amoun }; 0 a m 30.2( 69.9E V. W c m 24.0( c� 0 15.9E j, ca a E 18.5z 4- 0 17.7: 0 L a Q. 156.3: Q rn M 196.6E m r 27.1' c 0 N Y 8.5E E 29.3z c m E 809.1, R .r r Q Page: 33 Packet Pg. 60 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219419 4/7/2016 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 2017-6210-1 415 5TH AVE S 415 5TH AVE S 001.000.64.576.80.47.00 2020-7719-4 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 2021-3965-5 BRACKETT'S LANDING SOUTH 100 BRACKETT'S LANDING SOUTH 100 001.000.64.576.80.47.00 2021-6153-5 CEMETERY WELL PUMP CEMETERY WELL PUMP 001.000.64.576.80.47.00 2021-9128-4 PEDEST CAUTION LIGHT 7801 212- PEDEST CAUTION LIGHT 7801 212- 111.000.68.542.63.47.00 2022-8909-6 TRAFFIC LIGHT 22400 HWY 99 / ME TRAFFIC LIGHT 22400 HWY 99 / ME 111.000.68.542.64.47.00 2023-5673-9 TRAFFIC LIGHT 21530 76TH AVE W TRAFFIC LIGHT 21530 76TH AVE W 111.000.68.542.64.47.00 2024-9953-9 LIFT STATION #1 105 CASPERS ST LIFT STATION #1 105 CASPERS ST 423.000.75.535.80.47.10 2025-2918-6 STREET LIGHTING (303 LIGHTS @ STREET LIGHTING (303 LIGHTS @ 111.000.68.542.63.47.00 2025-2920-2 STREET LIGHTING (13 LIGHTS @ 4 STREET LIGHTING (13 LIGHTS @ 4 111.000.68.542.63.47.00 2025-7615-3 STREET LIGHTING (2029 LIGHTS C STREET LIGHTING (2029 LIGHTS C 111.000.68.542.63.47.00 2025-7948-8 STREET LIGHTING (58 LIGHTS @ 2 STREET LIGHTING (58 LIGHTS @ 2 3.2.a Page: 34 c ca lid U a� Amoun }; 0 a am 25.01 m L 4- 415.3E c m 21.0' 0 79.01 a E 15.7: 4- 0 450.8( m r 0 2,971.6' c N Y 120.4, ,E ca r 15,224.7( a0i E t R .r r a Page: 34 Packet Pg. 61 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219419 4/7/2016 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 111.000.68.542.63.47.00 2025-7952-0 WWTP - SPECIAL CONTINUOUS SE WWTP - special continuous sservice, 423.000.76.535.80.47.61 2042-9221-3 CHARGE STATION #1 552 MAIN ST CHARGE STATION #1 552 MAIN ST 111.000.68.542.64.47.00 2044-6743-5 HAZEL MILLER PLAZA HAZEL MILLER PLAZA 001.000.64.576.80.47.00 2047-1489-3 STREET LIGHTING (1 LIGHT @ 150' STREET LIGHTING (1 LIGHT @ 150' 111.000.68.542.63.47.00 2047-1492-7 STREET LIGHTING (18 LIGHTS @ 2 STREET LIGHTING (18 LIGHTS @ 2 111.000.68.542.63.47.00 2047-1493-5 STREET LIGHTING (5 LIGHTS @ 40 STREET LIGHTING (5 LIGHTS @ 40 111.000.68.542.63.47.00 2047-1494-3 STREET LIGHTING (2 LIGHTS @ 10 STREET LIGHTING (2 LIGHTS @ 10 111.000.68.542.63.47.00 2047-1495-0 STREET LIGHTING (26 LIGHTS @ 2 STREET LIGHTING (26 LIGHTS @ 2 111.000.68.542.63.47.00 2053-0758-0 DECORATIVE & STREET LIGHTING DECORATIVE & STREET LIGHTING 111.000.68.542.64.47.00 2205-4758-2 TRAFFIC LIGHT SR104 @ 95TH AVE TRAFFIC LIGHT SR104 @ 95TH AVE 111.000.68.542.63.47.00 2207-9275-8 TRAFFIC LIGHT 22730 HWY 99 / ME TRAFFIC LIGHT 22730 HWY 99 / ME 111.000.68.542.64.47.00 3.2.a Page: 35 c ca lid U a� Amoun }; 0 a 350.0E U a� L 9.4, 4. aD c 74.9E c c� 38.3 1 o 0 a 4.4E E 99.0< o 0 L 52.2' a Q rn 13.2 1 m 180.2z r 0 0 139.7E Y E 41.1£ r c m 93.1 < E t R .r r Q Page: 35 Packet Pg. 62 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219419 4/7/2016 037375 037375 SNO CO PUD NO 1 219420 4/7/2016 037521 SNO CO TREASURER 219421 219422 4/7/2016 075495 SOFTWARE ONE 4/7/2016 038300 SOUND DISPOSAL CO Voucher List City of Edmonds Invoice (Continued) 00479000100302 U S-PSI-470538 103583 103584 103585 103586 103588 219423 4/7/2016 074797 SUPER CHARGE MARKETING LLC 2249 PO # Description/Account Tota 2016 FIRST HALF SURFACE WAT 2016 Surface Water Charges - 230 001.000.66.518.30.47.00 Tota MICROSOFT VISIO STANDARD LI Microsoft Visio Standard Governme 001.000.31.514.23.31.00 9.5% Sales Tax 001.000.31.514.23.31.00 Tota CIVIC CENTER 250 5TH AVE N CIVIC CENTER 250 5TH AVE N 001.000.66.518.30.47.00 W WTP - 200 2ND AVE S / RECYC WWTP 200 2ND AVE S / RECYCLI 423.000.76.535.80.47.66 FRANCES ANDERSON CENTER 7 FRANCES ANDERSON CENTER 7 001.000.66.518.30.47.00 SNO-ISLE LIBRARY 650 MAIN ST SNO-ISLE LIBRARY 650 MAIN ST 001.000.66.518.30.47.00 CITY HALL 121 5TH AVE N CITY HALL 121 5TH AVE N 001.000.66.518.30.47.00 Tota SOCIAL MEDIA SERVICES MARC Social media services March 2016 001.000.61.557.20.41.00 Puget Sound Bird Fest Facebook p 120.000.31.575.42.41.00 pa 3.2.a Page: 36 09 H c ca lid U a� _ Amoun }; I: 23,733.5: a am EF � 199.0 , 1 : 199.01 4- aD Cf as nt 644.7E c c� 61.2E I : 706.0' M a E 550.6E ,- Llf N f° 29.9E 0( a 0( Q 674.4 0 a)M 555.2' 0 459.8� o 1 : 2,270.2, , .E 300.0( c m 200.0( E R .r r a Page: 36 Packet Pg. 63 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 219423 4/7/2016 074797 074797 SUPER CHARGE MARKETING LLC (Continued) 219424 4/7/2016 065578 SYSTEMS INTERFACE INC 19079 219425 4/7/2016 067803 TACTICAL TAILOR INC 219426 4/7/2016 073970 TALLMAN, TYLER 219427 4/7/2016 071666 TETRATECH INC 219428 4/7/2016 075548 THEMED CONCEPTS LLC 219429 4/7/2016 038315 THYSSENKRUPP ELEVATOR Description/Account Tota LS 7 UPS REPLACEMENT LS 7 UPS Replacement 423.000.75.535.80.41.00 9.5% Sales Tax 423.000.75.535.80.41.00 3.2.a Page: 37 c ca lid U a� _ Amoun }; 1 : 500.0( a m m 609.3� 57.8( Total : 667.21 RT110376 INV#RT110376 - EDMONDS PD (S\P c LARGE RADIO POUCH f° 001.000.41.521.23.35.00 40.7E o MAGPUL 30 RD MAGAZINE 001.000.41.521.23.35.00 89.7( o- 9.5% Sales Tax E 001.000.41.521.23.35.00 12.3� TU Total: 142.81 o 3/8-3/29 GYM ATTEND 3/8-3/29/16 PICKLE -BALL GYM ATTE f° 3/8-3/29/16 PICKLE -BALL GYM ATTE L 001.000.64.571.25.41.00 Q 40.0( Q. Total : 40.0( Q rn 51032778 ESFD.SERVICES THRU 3/25/16 M ESFD.Services thru 3/25/16 422.200.72.594.31.41.00 3,317.0. m Total : 3,317.0, r4. 0 16-037-2 PAYMENT # 2 = 35% c WISH BONE LOG, BOAT w 125.000.64.576.80.31.00 21683.8( Total : 2,683.8( . c� US53022 ELEVATOR MAINTENANCE MUSEUI r ELEVATOR MAINTENANCE MUSEU 001.000.66.518.30.48.00 351.3 1 E 9.8% Sales Tax R .r r Q Page: 37 Packet Pg. 64 vchlist 04/07/2016 8:43:16AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 219429 4/7/2016 038315 THYSSENKRUPP ELEVATOR (Continued) US53323 219430 4/7/2016 062693 US BANK US54073 3.2.a Page: 38 PO # Description/Account 001.000.66.518.30.48.00 34.4< m ELEVATOR MAINTENANCE CITY HP ELEVATOR MAINTENANCE CITY HP L 001.000.66.518.30.48.00 1,263.8z 9.8% Sales Tax +' 001.000.66.518.30.48.00 123.8E ELEVATOR MAINTENANCE SENIOR ELEVATOR MAINTENANCE SENIOR 001.000.66.518.30.48.00 274.7 0 9.8% Sales Tax o 001.000.66.518.30.48.00 26.9< j, Tota 2674 GOOD2GO - REPLENISH Good2Go - Replenish 511.000.77.548.68.49.00 Home Depot - Shop Supplies 511.000.77.548.68.31.20 Talley - Adapter 511.000.77.548.68.31.10 Fisheries - EQ96PO - Supplies 511.100.77.594.48.64.00 Fisheries - Unit 079 - Battery Charg 511.000.77.548.68.31.10 Rear View Safety - Unit 38 - Camer 511.000.77.548.68.31.10 CarQuest - Unit 62 - Bracket 511.000.77.548.68.31.10 CarQuest - Unit 62 Weather Strippi 511.000.77.548.68.31.10 LKQ - Units E107PO, E108PO, E12 511.100.77.594.48.64.00 Unit E105PO - Supplies 511.100.77.594.48.64.00 a I: 2,075.2( a E U 60.0E 0 37.0E 0 L a 39.7( Q 61.2: M er 502.8( m r r4. 26.1E c 0 2.1z Y ng U 18.4E . 41 f° U 416.1( c m 12.5, E t U R .r r Q Page: 38 Packet Pg. 65 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 219430 4/7/2016 062693 US BANK (Continued) 2674 PO # Description/Account Fisheries - Unit 38 - Supplies 511.000.77.548.68.31.10 Fisheries - Unit E105PO - Supplies 511.100.77.594.48.64.00 D&R - Units E108PO, E124PO - Pow, 511.100.77.594.48.64.00 WSU Conf - D Myers 511.000.77.548.68.43.00 WSU Conf - C Rugg 511.000.77.548.68.43.00 Lowes - Unit 66 - Supplies 511.000.77.548.68.31.10 Advance Auto - Unit 66 - Filters 511.000.77.548.68.31.10 Advance Auto - Unit 66 - Filter 511.000.77.548.68.31.10 Amazon - Units E117ST, E114EN - Ni 511.100.77.594.48.64.00 LOWES - RETURN Lowes - Return 511.000.77.548.68.31.10 Total 219431 4/7/2016 067865 VERIZON WIRELESS 9762572915 C/A571242650-0001 iPhone/iPad Cell Service Bid Dept 001.000.62.524.20.42.00 iPhone/iPad Cell Service City Clerk 001.000.25.514.30.42.00 iPhone/iPad Cell Service Econ 001.000.61.557.20.42.00 iPad Cell Service Council 001.000.11.511.60.42.00 iPhone/iPad Cell Service Court 001.000.23.512.50.42.00 3.2.a Page: 39 c ca lid U a� Amoun }; 0 a am 314.9, a� L 150.30 =a 4. 517.5E c m 495.0( c� 495.0( 0 L 25.6( a E 123.7E 'ca U w 6.6E 0 1,421.3, o a Q. Q -7.3E rn 4,719.1( m r 338.9: c 0 55.80 Y 75.6( . c� 300.1( r c m 75.8( E R .r r Q Page: 39 Packet Pg. 66 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219431 4/7/2016 067865 VERIZON WIRELESS Voucher List City of Edmonds Invoice PO # Description/Account (Continued) iPhone/iPad Cell Service Developmei 001.000.62.524.10.42.00 iPhone/iPad Cell Service Engineering 001.000.67.518.21.42.00 iPhone/iPad Cell Service Facilities 001.000.66.518.30.42.00 iPhone/iPad Cell Service Finance 001.000.31.514.23.42.00 iPhone/iPad Cell Service HR 001.000.22.518.10.42.00 iPhone/iPad Cell Service IS 001.000.31.518.88.42.00 iPhone/iPad Cell Service Mayor's Offi 001.000.21.513.10.42.00 iPhone/iPad Cell Service Parks Dept 001.000.64.571.21.42.00 iPhone/iPad Cell Service Police Dept 001.000.41.521.22.42.00 Air cards Police Dept 001.000.41.521.22.42.00 iPhone/iPad Cell Service Planning De 001.000.62.558.60.42.00 iPhone/iPad Cell Service PW Admin 001.000.65.518.20.42.00 iPhone/iPad Cell Service PW Admin 421.000.74.534.80.42.00 iPhone/iPad Cell Service PW Admin 422.000.72.531.90.42.00 iPhone/iPad Cell Service PW Admin 423.000.75.535.80.42.00 iPhone/iPad Cell Service PW Admin 423.000.76.535.80.42.00 iPhone/iPad Cell Service PW Street C 111.000.68.542.90.42.00 3.2.a Page: 40 c ca U a� Amoun }; 0 a am 95.6E 5D 736.3 1 =a 4- 91.5. c m 66.7. c� 95.6E 0 L 307.4' a E 209.7: ca w 80.0. 0 1,154.6E o a Q. 880.2, Q rn 40.0' 26.5E 7.5E 9 0 26.5E Y 0 E 7.5E 7.5E m 171.5z t R .r r Q Page: 40 Packet Pg. 67 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 219431 4/7/2016 067865 VERIZON WIRELESS (Continued) 9762698959 219432 4/7/2016 064858 VISITORS GUIDE PUBLICATIONS 16-078 16-081 219433 4/7/2016 067195 WASHINGTON TREE EXPERTS 116-170 219434 4/7/2016 064800 WEHOP 630876 PO # Description/Account iPhone/iPad Cell Service PW Fleet 511.000.77.548.68.42.00 iPhone/iPad Cell Service PW Water 421.000.74.534.80.42.00 iPhone/iPad Cell Service PW Water 423.000.75.535.80.42.00 iPhone/iPad Cell Service Sewer De 423.000.75.535.80.42.00 iPhone/iPad Cell Service Water 421.000.74.534.80.42.00 iPad Cell Service Storm 422.000.72.531.90.42.00 iPhone/iPad Cell Service WWTP 423.000.76.535.80.42.00 C/A 772540262-00001 Lift Station access 001.000.31.518.88.42.00 Tota TOURISM AD IN SPRING/SUMME Tourism ad in spring/summer and 120.000.31.575.42.41.40 SNO CO AD -VISITORS GUIDE LIS SNO CO AD -VISITORS GUIDE LIS 123.000.64.573.20.41.40 Tota TREE SERVICE 2ND & DAYTON TREE SERVICE 2ND & DAYTON 001.000.64.576.80.48.00 9.5% Sales Tax 001.000.64.576.80.48.00 Tota FLOWER PROGRAM: PLANTS 3.2.a Page: 41 c ca lid U a� _ Amoun }; 0 a am 55.6 1 L 120.7E /� .. 120.7E c pt M 185.9( c� 225.9' o L 155.8E a E 197.4( 'ca z w 0 R 74.6E I: 5,988.8E o a � Q' Q rn 2,395.0( TI TI m 250.0( 1 : 2,645.0( c 0 N Y 600.0( E 57.0( r 1 : 657.0( E t R .r r a Page: 41 Packet Pg. 68 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219434 4/7/2016 064800 WEHOP 219435 4/7/2016 073552 WELCO SALES LLC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) FLOWER PROGRAM: PLANTS 125.000.64.576.80.31.00 9.5% Sales Tax 125.000.64.576.80.31.00 7002 INV#7002 - EDMONDS PD SET UP OF 4 NAMES 001.000.41.521.10.31.00 PRINTING OF 4 NEW CARDS 001.000.41.521.10.31.00 9.5% Sales Tax 001.000.41.521.10.31.00 219436 4/7/2016 075581 WENTZEL, STEVEN & CHRISTINE 1-06450 219437 4/7/2016 064008 WETLANDS & WOODLANDS 15772 219438 4/7/2016 075161 WHISTLE WORKWEAR K10591 K10657 Tota Tota STORM DRAIN REIMBURSEMENT Storm Drain Reimbursement 411.000.233.000 Tota FLOWER PROGRAM: PLANTS FLOWER PROGRAM: PLANTS 125.000.64.576.80.31.00 9.5% Sales Tax 125.000.64.576.80.31.00 Tota SSWTP - UNIFORM, DAN GARCIA 2016 Uniform, Dan Garcia 423.000.76.535.80.24.00 8.7% Sales Tax 423.000.76.535.80.24.00 WWTP - 2016 UNIFORM, JON CL 2016 Uniform, Jon Clay 423.000.76.535.80.24.00 3.2.a Page: 42 c ca lid U a� Amoun }; 0 a am 379.7z a� L 36.0E =a 415.8, a� c m 48.0( 0 81.5( c� a 12.3( 141.8( 4- 0 to 1,517.4( o 1,517.4( a 0. Q rn M 404.0( 38.3E 442.3i c 0 N 243.7E 21.2' AY m 161.2, t R .r r Q Page: 42 Packet Pg. 69 vchlist 04/07/2016 8:43:16AM Bank code : usbank Voucher Date Vendor 219438 4/7/2016 075161 WHISTLE WORKWEAR 219439 4/7/2016 075585 WRIGHT, GREGORY C & SUSIE L 219440 4/7/2016 070432 ZACHOR & THOMAS PS INC 125 Vouchers for bank code : usbank 125 Vouchers in this report Voucher List City of Edmonds Invoice (Continued) K10755 1-06425 1062 PO # Description/Account 3.2.a Page: 43 c ca lid U a� _ Amoun }; 0 0- 8.7% Sales Tax m 423.000.76.535.80.24.00 14.0< WWTP - 2016 UNIFORM, DAN KOR3 L 2016 UNIFORM, DAN KORSTAD 423.000.76.535.80.24.00 241.9E 8.7% Sales Tax 423.000.76.535.80.24.00 23.0E Total : 705.2E c c� STORM DRAIN REIMBURSEMENT — Storm drain reimbursement - 22109 0 411.000.233.000 303.1' a Total: 303.1' MAR-16 RETAINER f° U Monthly Retainer c 001.000.36.515.33.41.00 17,430.0( -(; Addtional court date 3/1/16 > 0 001.000.36.515.33.41.00 300.0( a Soule appeal 15-1-00003-3 2/26/16 - Q- Q 001.000.36.515.33.41.00 1,062.5( Zinovyev appeal #15-2-06697-6 11131 Cl) 001.000.36.515.33.41.00 250.0( Tota Bank tota Total voucher 19,042.5( m r 1 : 2,282,730.7' c s : 2,282,730.7' o N Y V E V r Q Page: 43 Packet Pg. 70 3.2.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Protect Title Number Number STM 12th Ave & Sierra Stormwater System Improvements c484 i E5FE s STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC s SWR 2013 Sewerline Replacement Project c398 E3GA s s STR 2014 Chip Seals c451 E4CB t STM 2014 Drainage Improvements c433 E4FA s STM 2014 Lake Ballinger Associated Projects c436 t E4FD STR 2014 Overlay Program c438 E4CA i WTR 2014 Waterline Overlays c452 E4CC i STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC i STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA z STR 2015 Overlay Program c463 w E5CA i SWR 2015 Sewerline Overlays i007 t E5CC s s SWR 2015 Sewerline Replacement Project c441 E4GA STR 2015 Traffic Calming c471 E5AB i WTR 2015 Waterline Overlays c475 E5CB i WTR 2015 Waterline Replacement Program c440 E4J13 E STR 2016 Overlay Program i008 E6CA i SWR 2016 Sewerline Overlays i010 4 E6CC i WTR 2016 Water Comp Plan Update c460 E4JC s WTR 2016 Waterline Overlays i009 E6CB i SWR 2016-17 Sanitary Sewer Replacement Projects c469 E5GA c WTR 2016-17 Waterline Replacement Projects c468 r E5JA T STR 220th Street Overlay Project c462 E4CD STM 224th & 98th Drainage Improvements c486 E6FB WTR 224th Waterline Relocation (2013) c418 E3JB It STR 228th St. SW Corridor Improvements i005 t E7AC s STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD E STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB i STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 s E6DA z STM 3rd Ave Rain Gardens i012 E6FC i STR 76th Ave W at 212th St SW Intersection Improvements c368 E1 CA s STR 9th Avenue Improvement Project c392 E2AB t FAC A/V Upgrades - Council Chambers c476 E5LA u STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE a s STR Bikelink Project c474 E5DA s PRK City Spray Park c417 E4MA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5J13 Revised 4/6/2016 Packet Pg. 71 PROJECT NUMBERS (By Project Title) 3.2.b Project Engineering Accounting Project Funding Protect Title Number Number STM Dayton Street & SR104 Storm Drainage Alternatives c374 i ElFM s PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC s t STM Dayton Street Stormwater Pump Station c455 E4FE t FAC Edmonds Fishing Pier Rehab c443 E4MB s STM Edmonds Marsh Feasibility Study c380 t E2FC General Edmonds Waterfront Access Analysis c478 E5DB i FAC ESCO III Project c419 E3LB i WTR Five Corners Reservoir Re -coating c473 E5KA i STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA z PM Fourth Avenue Cultural Corridor c282 w E8MA s STR Hwy 99 Enhancements (Phase III) c405 t E2AD s s SWR Lake Ballinger Trunk Sewer Study s011 E5GB STM LID Retrofits Perrinville Creek Basin c434 E4FB i SWR Lift Station #1 Basin & Flow Study c461 E4GC i STM North Talbot Road Drainage Improvements c378 E2FA E STM Northstream Culvert Repair Under Puget Drive i011 E6FA i STM Northstream Pipe Abandonment on Puget Drive c410 4 E3FE i STM NPDES m013 E7FG i s STM Perrinville Creek Culvert Replacement c376 E1 FN i STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC c FAC Public Safety Controls System Upgrades c444 C. E4LA T STM Seaview Park Infiltration Facility c479 E5FD WWTP Sewer Outfall Groundwater Monitoring c446 E4HA STR SR104 Corridor Transportation Study c427 E3AB It STR SR104/City Park Mid -Block Crossing c454 t E4DB s STR SR99 Safety Improvements (224th to 216th) s014 E6AA E UTILITIES Standard Details Updates solo E5NA i STM Storm Drainage Improvements - 88th & 194th c429 s E3FG z STR Sunset Walkway Improvements c354 E1 DA i STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB s STM SW Edmonds-1 05th/l 06th Ave W Storm Improvements c430 E3FH t STR Trackside Warning System c470 E5AA u STR Train Trench - Concept c453 E4DA a s STR Transportation Plan Update c391 E2AA s STM Update Stormwater Management Code & Associated Projects c467 E5FB UTILITIES Utility Rate Update s013 E6JA STM Video Assessment of Stormwater Lines c459 E4FF Revised 4/6/2016 Packet Pg. 72 3.2.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Protect Funding Protect Title Number Number WWTP WWTP Outfall Pipe Modifications c481 E5HA Revised 4/6/2016 Packet Pg. 73 3.2.b PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title E1AA * c34" Five Corners Roundabout (212th Street SW @ 84th Avenue W) STIR ElCA c368 76th Ave W at 212th St SW Intersection Improvements c354 Sunset Walkway Improvement STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives c376 Perrinville Creek Culvert Replacement STIR E2AA c391 Transportation Plan Update c392 9th Avenue Improvement Project STIR E2AD c405 Hwy 99 Enhancements (Phase III) c378 North Talbot Road Drainage Improvement STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System Edmonds Marsh Feasibility Study STR E3AB c427 SR104 Corridor Transportation Study c423 W38th St. SW Walkway (100th Ave to 104th Ave) STIR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STIR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School STIR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E3FE c410 Northstream Pipe Abandonment on Puget Drive STM E3FG c429 Storm Drainage Improvements - 88th & 194th _ STM E3FH c430 SW Edmonds-105th/106th Ave W Storm Improvements SWR 2013 Sewerline Replacement Project WTR E3J13 c418 224th Waterline Relocation (2013) FAC STIR E4CA c438 2014 Overlay Program 2014 Chip Seals 91a" WTR E4CC c452 2014 Waterline Overlays 220th Street Overlay Project STIR E4DA c453 Train Trench - Concept c454 SR104/City Park Mid -Block Crossing STM E4FA c433 2014 Drainage Improvements LID Retrofits Perrinville Creek Basi STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c436 2014 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station E4FF c459 Video Assessment of Stormwater Lines SWR E4GA c441 2015 Sewerline Replacement Project E4GB c456 Citywide CIPP Sewer Rehab Phase I SWR E4GC c461 Lift Station #1 Basin & Flow Study Revised 4/6/2016 Packet Pg. 74 3.2.b PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title - E4HA Sewer Outfall Groundwater Monitoring WTR E4JB c440 2015 Waterline Replacement Program c460 2016 Water Comp Plan Updat FAC E41LA c444 Public Safety Controls System Upgrades City Spray Park FAC E4MB c443 Edmonds Fishing Pier Rehab c470 Trackside Warning System STIR E5AB c471 2015 Traffic Calming c463 2015 Overlay Program WTR E5CB c475 2015 Waterline Overlays 2015 Sewerline Overlays STIR E5DA c474 Bikelink Project Waterfront Access Analysis STM E5FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) STM E5FD c479 Seaview Park Infiltration Facility STM E5FE c484 12th Ave & Sierra Stormwater System Improvements SWR E5GA c469 2016-17 Sanitary Sewer Replacement Projects SWR E5GB sol l Lake Ballinger Trunk Sewer Study Mmll E5HA � SIWTP Outfall Pipe Modifications AM WTR E5JA c468 2016-17 Waterline Replacement Projects Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E51KA c473 Five Corners Reservoir Re -coating A/V Upgrades - Council Chambers UTILITIES E5NA solo Standard Details Updates 2016 Overlay Program d WTR E6CB i009 2016 Waterline Overlays E6CC 2016 Sewerline Overlays STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) Northstream Culvert Repair Under Puget Drive STM E6FB c486 224th & 98th Drainage Improvements 3rd Ave Rain Gardens wr UTILITIES E6JA s013 Utility Rate Update SR99 Safety Improvements (224th to 216th) STIR E7AC i005 228th St. SW Corridor Improvements E7FG m013 NPDES PM E7MA c276 Dayton Street Plaza E81VIA c282 Fourth Avenue Cultural Corridor Revised 4/6/2016 Packet Pg. 75 3.2.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title PM E7MA c276 Dayton Street Plaza PM E8MA c282 Fourth Avenue Cultural Corridor STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR E1 DA c354 Sunset Walkway Improvements STR E1 CA c368 76th Ave W at 212th St SW Intersection Improvements STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1 FN c376 Perrinville Creek Culvert Replacement STM E2FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study STR E2AA c391 Transportation Plan Update STR E2AB c392 9th Avenue Improvement Project SWR E3GA c398 2013 Sewerline Replacement Project STR E2AD c405 Hwy 99 Enhancements (Phase III) STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM EYE c410 Northstream Pipe Abandonment on Puget Drive PRK E4MA c417 City Spray Park WTR E3JB c418 224th Waterline Relocation (2013) FAC E3LB c419 ESCO III Project STR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STR E3AB c427 SR104 Corridor Transportation Study STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-1 05th/1 06th Ave W Storm Improvements STM E41FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects STR E4CA c438 2014 Overlay Program WTR E4,113 c440 2015 Waterline Replacement Program SWR E4GA c441 2015 Sewerline Replacement Project FAC E4MB c443 Edmonds Fishing Pier Rehab FAC E41-A c444 Public Safety Controls System Upgrades WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STR E4CB c451 2014 Chip Seals WTR E4CC c452 2014 Waterline Overlays Revised 4/6/2016 Packet Pg. 76 3.2.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title STIR E4DA c453 Train Trench - Concept STIR E4DB c454 SR104/City Park Mid -Block Crossing STM E41FE c455 Dayton Street Stormwater Pump Station SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I STM E4FF c459 Video Assessment of Stormwater Lines WTR E4JC c460 2016 Water Comp Plan Update SWR E4GC c461 Lift Station #1 Basin & Flow Study STIR E4CD c462 220th Street Overlay Project STIR E5CA c463 2015 Overlay Program STM E5FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects WTR E5JA c468 2016-17 Waterline Replacement Projects SWR E5GA c469 2016-17 Sanitary Sewer Replacement Projects STIR E5AA c470 Trackside Warning System STIR E5AB c471 2015 Traffic Calming STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) WTR E5KA c473 Five Corners Reservoir Re -coating STIR E5DA c474 Bikelink Project WTR E5CB c475 2015 Waterline Overlays FAC E5LA c476 AN Upgrades - Council Chambers General E5DB c478 Edmonds Waterfront Access Analysis STM E5FD c479 Seaview Park Infiltration Facility WWTP E5HA c481 WWTP Outfall Pipe Modifications WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STM E51FE c484 12th Ave & Sierra Stormwater System Improvements STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) STM E6FB c486 224th & 98th Drainage Improvements STIR E7AC i005 228th St. SW Corridor Improvements SWR E5CC i007 2015 Sewerline Overlays STIR E6CA i008 2016 Overlay Program WTR E6CB i009 2016 Waterline Overlays SWR E6CC i010 2016 Sewerline Overlays STM E61FA iol 1 Northstream Culvert Repair Under Puget Drive STM E6FC i012 3rd Ave Rain Gardens STM E7FG m013 NPDES UTILITIES E5NA solo Standard Details Updates SWR E5GB sol l Lake Ballinger Trunk Sewer Study UTILITIES E6JA s013 Utility Rate Update STIR E6AA s014 SR99 Safety Improvements (224th to 216th) Revised 4/6/2016 Packet Pg. 77 3.2.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number FAC AN Upgrades - Council Chambers c476 E5LA FAC Edmonds Fishing Pier Rehab c443 E4MB FAC ESCO III Project c419 E3LB FAC Public Safety Controls System Upgrades c444 E41-A General Edmonds Waterfront Access Analysis c478 E5DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PRK City Spray Park c417 E4MA STM 12th Ave & Sierra Stormwater System Improvements c484 E5FE STM 2014 Drainage Improvements c433 E41FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E51FA STM 224th & 98th Drainage Improvements c486 E6FB STM 3rd Ave Rain Gardens i012 E6FC STM Dayton Street & SR104 Storm Drainage Alternatives c374 ElFM STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC STM Dayton Street Stormwater Pump Station c455 E41FE STM Edmonds Marsh Feasibility Study c380 E2FC STM LID Retrofits Perrinville Creek Basin c434 E4FB STM North Talbot Road Drainage Improvements c378 E21FA STM Northstream Culvert Repair Under Puget Drive i011 E61FA STM Northstream Pipe Abandonment on Puget Drive c410 E31FE STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Seaview Park Infiltration Facility c479 E5FD STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM Update Stormwater Management Code & Associated Projects c467 E5FB STM Video Assessment of Stormwater Lines c459 E4FF STIR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC STIR 2014 Chip Seals c451 E4CB STIR 2014 Overlay Program c438 E4CA STIR 2015 Overlay Program c463 E5CA STIR 2015 Traffic Calming c471 E5AB STIR 2016 Overlay Program i008 E6CA Revised 4/6/2016 Packet Pg. 78 3.2.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number STR 220th Street Overlay Project c462 E4CD STR 228th St. SW Corridor Improvements i0o5 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STR 76th Ave W at 212th St SW Intersection Improvements c368 ElCA STR 9th Avenue Improvement Project c392 E2AB STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR Bikelink Project c474 E5DA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STR Hwy 99 Enhancements (Phase III) c405 E2AD STR SR104 Corridor Transportation Study c427 E3AB STR SR104/City Park Mid -Block Crossing c454 E4DB STR SR99 Safety Improvements (224th to 216th) s014 E6AA STR Sunset Walkway Improvements c354 E1DA STR Trackside Warning System c470 E5AA STR Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA SWR 2013 Sewerline Replacement Project c398 E3GA SWR 2015 Sewerline Overlays i007 E5CC SWR 2015 Sewerline Replacement Project c441 E4GA SWR 2016 Sewerline Overlays i010 E6CC SWR 2016-17 Sanitary Sewer Replacement Projects c469 E5GA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Lake Ballinger Trunk Sewer Study sol l E5GB SWR Lift Station #1 Basin & Flow Study c461 E4GC UTILITIES Standard Details Updates solo E5NA UTILITIES Utility Rate Update s013 E6JA WTR 2014 Waterline Overlays c452 E4CC WTR 2015 Waterline Overlays c475 E5CB WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016 Waterline Overlays i009 E6CB WTR 2016-17 Waterline Replacement Projects c468 E5JA WTR 224th Waterline Relocation (2013) c418 E3JB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5J13 WTR Five Corners Reservoir Re -coating c473 E5KA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 E5HA Revised 4/6/2016 Packet Pg. 79 Payroll Earnings Summary Report City of Edmonds Pay Period: 771 (03/16/2016 to 03/31/2016) Hour Type Hour Class Description Hours Amount -ed2 REGULAR HOURS Educational Pav Correction 0.00 -156.28 111 ABSENT NO PAY LEAVE 110.00 0.00 112 ABSENT NO PAY NON HIRED 21.00 0.00 121 SICK SICK LEAVE 866.34 26,490.75 122 VACATION VACATION 1,027.50 33,474.31 123 HOLIDAY HOLIDAY HOURS 38.50 1,517.74 124 HOLIDAY FLOATER HOLIDAY 43.00 1,277.65 125 COMP HOURS COMPENSATORY TIME 221.50 7,297.60 131 MILITARY MILITARY LEAVE 24.00 664.25 149 KELLY DAY KELLY DAYS BUY BACK 24.00 735.79 150 REGULAR HOURS Kelly Dav Used 187.50 6,586.55 152 COMP HOURS COMPTIME BUY BACK 65.38 1,859.10 153 HOLIDAY HOLIDAY BUY BACK 22.00 674.47 155 COMP HOURS COMPTIME AUTO PAY 159.89 6,537.14 157 SICK SICK LEAVE PAYOFF 80.13 2,245.34 158 VACATION VACATION PAYOFF 198.32 5,736.95 160 VACATION MANAGEMENT LEAVE 8.00 381.63 170 REGULAR HOURS COUNCIL BASE PAY 700.00 7,000.00 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 0.00 130.00 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICP 0.00 2,821.24 190 REGULAR HOURS REGULAR HOURS 18,365.61 606,689.90 191 REGULAR HOURS FIRE PENSION PAYMENTS 4.00 2,150.85 195 REGULAR HOURS ADMINISTRATIVE LEAVE 16.00 716.18 210 OVERTIME HOURS OVERTIME -STRAIGHT 6.00 201.23 215 OVERTIME HOURS WATER WATCH STANDBY 36.00 1,834.52 216 MISCELLANEOUS STANDBY TREATMENT PLANT 9.00 892.36 220 OVERTIME HOURS OVERTIME 1.5 170.50 10,688.44 405 ACTING PAY OUT OF CLASS - POLICE 0.00 44.87 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 881.88 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 135.57 602 COMP HOURS ACCRUED COMP 84.50 0.00 604 COMP HOURS ACCRUED COMP TIME 220.00 0.00 0 606 COMP HOURS ACCRUED COMP TIME 9.00 0.00 m cQ 0 4/07/)nl F Attachment: payroll summary 04-05-16 (1139 : Approval of claim, payroll and benefit direct deposit, checks and wire payments.) Payroll Earnings Summary Report City of Edmonds Pay Period: 771 (03/16/2016 to 03/31/2016) Hour Type Hour Class Description Hours Amount acc MISCELLANEOUS ACCREDITATION PAY 0.00 24.95 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 171.67 boc MISCELLANEOUS BOC II Certification 0.00 84.53 colre MISCELLANEOUS Collision Reconstruction ist 0.00 107.89 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 147.28 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 622.35 det MISCELLANEOUS DETECTIVE PAY 0.00 102.75 det4 MISCELLANEOUS Detective 4% 0.00 986.42 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 731.26 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 873.40 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 4,555.98 k9 MISCELLANEOUS K-9 PAY 0.00 102.75 Iq1 LONGEVITY LONGEVITY PAY 2% 0.00 956.79 Ig10 LONGEVITY LONGEVITY 5.5% 0.00 549.04 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 878.62 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 996.70 I0 LONGEVITY PAY LONGEVITY 6% 0.00 5,415.06 Iq4 LONGEVITY Lonqevitv 1 % 0.00 206.78 Ici6 LONGEVITY Lonqevitv .5% 0.00 274.46 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 966.45 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 196.02 nds MISCELLANEOUS Public Disclosure Specialist 0.00 47.12 phv MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 1,826.52 prof MISCELLANEOUS PROFESSIONAL STANDARDS 0.00 157.56 sdp MISCELLANEOUS SPECIAL DUTY PAY 5% 0.00 207.68 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 157.56 traf MISCELLANEOUS TRAFFIC 0.00 323.67 22,717.67 $751,181.29 Total Net Pay: $501,652.64 n m cQ °c° 4/071�n1 F Attachment: payroll summary 04-05-16 (1139 : Approval of claim, payroll and benefit direct deposit, checks and wire payments.) w N porn 2 o 0 Payroll Earnings Summary Report City of Edmonds Pay Period: 812 (04/04/2016 to 04/04/2016) Hour Type Hour Class Description Hours Amount 190 REGULAR HOURS REGULAR HOURS 96.00 6,136.50 96.00 $6,136.50 Total Net Pay: $4,263.81 �4/071�n1 F UAttachment: payroll summarya 04-05-16 (1139 : Approval of claim, payroll and benefit direct deposit, checks and wire payments.) Payroll Earnings Summary Report City of Edmonds Pay Period: 813 (04/06/2016 to 04/06/2016) Hour Type Hour Class Description Hours Amount sdp MISCELLANEOUS SPECIAL DUTY PAY 5% 0.00 306.83 0.00 $306.83 Total Net Pay: $257.28 �4/07i)n1 F U Attachment: payroll summaryb 04-05-16 (1139 : Approval of claim, payroll and benefit direct deposit, checks and wire payments.) Benefit Checks Summary Report City of Edmonds Pay Period: 771 - 03/16/2016 to 03/31/2016 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 62129 04/05/2016 epoa EPOA-1 POLICE 1,242.00 0.00 62130 04/05/2016 epoa4 EPOA-4 POLICE SUPPORT 117.00 0.00 62131 04/05/2016 jhan JOHN HANCOCK 1,028.10 0.00 62132 04/05/2016 flex NAVIA BENEFIT SOLUTIONS 871.24 0.00 62133 04/05/2016 cope SEIU COPE 52.00 0.00 62134 04/05/2016 seiu SEIU LOCAL 925 3,769.75 0.00 62135 04/05/2016 uw UNITED WAY OF SNOHOMISH COUNTY 688.24 0.00 62136 04/05/2016 icma VANTAGE TRANSFER AGENTS 304884 2,856.31 0.00 10,624.64 0.00 Bank: wire - US BANK m Dio/201 a Check # Date Payee # Name Check Amt Direct Deposit 2368 04/05/2016 pens DEPT OF RETIREMENT SYSTEMS 231,847.65 0.00 2369 04/05/2016 aflac AFLAC 5,983.12 0.00 2373 04/05/2016 us US BANK 102,002.38 0.00 2374 04/05/2016 mebt WTRISC FBO #N3177B1 93,904.02 0.00 2375 04/05/2016 wadc WASHINGTON STATE TREASURER 23,620.65 0.00 2377 04/05/2016 pb NATIONWIDE RETIREMENT SOLUTION 5,178.60 0.00 2378 04/05/2016 oe OFFICE OF SUPPORT ENFORCEMENT 48.50 0.00 462,584.92 0.00 Grand Totals: 473,209.56 0.00 Attachment: payroll benefits 04-05-16 (1139 : Approval of claim, payroll and benefit direct deposit, checks and wire payments.) w iv 'Doge 1 �. 3.3 City Council Agenda Item Meeting Date: 04/12/2016 Acknowledge Receipt of Claim for Damages from Suzanne O. Meagher ($1,161.41) Staff Lead/Author: Scott Passey Department: City Clerk's Office Initiated By: Background/History N/A Staff Recommendation Acknowledge receipt of the Claim for Damages by minute entry. Narrative Suzanne O. Meagher 7305 173rd St SW Edmonds, WA 98026 ($1,161.41) Attachments: Claim for Damages Meagher Packet Pg. 85 RECEIVED ED CITY OF EDMONDS APR 01 2016 CLAIM FOR DAMAGES FORM ED •/ Reeeived by ity Id Please take note that 0 Zt MNI--0� 0, /411 A &1109 , who currently resides at T OS 73DI SKC S-1>4 10 I LIMA FKQ,2�& mailing address 5AM9 home phone # 5►z5' '�i39`� ��, work phone # deA1 and who resided at 2 V 173QA5f51'+' YD MO alb 1 CIA _ _ at the time of the occurrence and whose date of birth is Os, d z, is claiming damages against Cj y o� s-� Mw)z in the sum of $ %l arising out of the following circumstances listed below. DATE OF OCCURRENCE: O✓ vac TIME: %s'<90 P14 FT LOCATION OF OCCURRENCE: S vV A% A /7` Sf W -I-702 A Ye Kl% DESCRIPTION: conduct and circumstance that brought about the in' or damage. Also describe the injury or A+- A Li � �� }� �et? _ m4 1 e-rdIZAI I141,; Rr c� Al V (fA I i % rra I1 A-E>Se. AM r_ c S5JTA7 T► )a 'The. e-AiZ 7"a Ca e 'T�-1AfD -fiLi4_6 R e%pA h zc rO 1 7/ NMRY OCCUPCA) (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the urrenee includi ng names, chvc•1<lh'`ffi" 57rZc°c'1'"'Ny1i!ldo�1►lAqu'.� `L5 .r numbers. r , tv "4 Ex 00.5 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. Have you submitted a claim for damages to your insurance company? If so, please provide the name of the insurance company and the policy #: Yes X No ""ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY * * License Plate # g 3 A X Q . Driver License # M r-->h &H 50 6 X 6 t4q Type Auto: q f� j< _.kPCe1 S C2q Y (year) (make) (model) DRIVER: a fiz OWNER: vz 9)J Mrk Address: ' 051 -7 M aa tS ` Ry7 i Address: "730 c 1*`' ['D } ff ) f ED/ Phone#: 4/-6L 5 - 13 7 9 27 Phone#: -:s d M� Passengers: Name: AlOA4 Name: Address: Address: Form Revised 05/06/14 Page 1 of 2 Packet Pg. 86 3.3.a * NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED * * 1, T s u Y U -' ' being first duly sworn, depose and say that I am the claimant for the above described; that I have read the abode claim, know the contents thereof and believe the same to be true. I further acknowledge that any information I provide as part of this claim may be considered a public record and may be subject to disclosure pursuant to RCW 42.56. X V i Signature of Claimant(s) State of Washington County of_:�-Xinf7hUN-Y1,-ri'1 I certify that I know or have satisfactory evidence that ,(X7-4 rlO'Q- G t'V ' is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledge t to be (hislher) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: q 11 la Title r^ My appointment expires: Please present the completed claim form to Form Revised 05/06/14 -.``��*rrr11111fi1fl �• Q tr ..zz i v ". • S j ;AVol 11 AZ ." � +ff1131529t�����•, S City Clerk's Office itttll , WAS��� City of Edmonds 121 51h Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. Page 2 of 2 Packet Pg. 87 Mercedes-Benz IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII 0101TM3CS91775 3.3.a Mercedes-Benz of Lynnwood 17800 HIGHWAY 99 LYNNWOOD, WA 98037 425-673-0505 e-mail: servicegmercedesbenzoflymiwoo(:com t;UWQM.UM NO. 54L 1 Cr'r§)R HART 89 TAG 1'`108R '"'VOW61/16 '4 M§191775 RONALD MEAGHER LABOR RATE LICENSE NO. MILEAGE 324, 085 ftVLOW/ STOCK NO d 7305 173RD ST SW A/ � 5—BENZ/240D J O iDELILILV 7/AlFC�/p-I DELIVERY MILES M EDMONDS, WA 98026-5129 V/ ll 01 E VE7 'ff "bNOA B 2 3 A X B B 2 6 3 0 9 7 41M0 ALER NO PRC79lLETJC3tJ,@A 1 Q W lJ 6 .J lJ J � 1O L ENOMAN2000@YAHOO.COM ET.ENO. — RO.No. ROB /29/16 REPRINT# 1 RE4715iC 72M-9429 BUSINESS PHONE WV1691210223458 Mo: 3240 'm ``-iF LL JJ ``f+�� 7 7 2I EXCELLENCE IS OUR GOAL ESTIMATE ---------------------------------------------- •-•--•---•-- ....... Thank you for this opportunity to ser O CLIENT HEREBY ACKNOWLEDGES RECEIVING you. It is our aim to perform all repa CL ORIGINAL ESTIMATE OF $1200.00 (+TAX) requested on this repair order to yc 'd COMMENTS--• ----------------- •------------------------- •............... - ------..... complete satisfaction. If our service w NOTE RIGHT FRONT LOWER BALL JOINT HAS A LITTLE PLAY "EXCELLENT" tell your friends; if n( NOTE; RIGHT REAR CAMBER WOULD NOT COME INTO SPEC, NOT TOO BAD please tell us immediately. OUR GO, a) NOTE; LEFT REAR WHEEL MISSING ONE LUG BOLT, REC ORDER & REPLACE IS THAT YOU WILL BE VERY SATISFII .a WITH MERCEDES-BENZ of LYNNW00 m TOTAL"s------------------------------------------------------------------------------------------ AS A PLACE TO PURCHASE 0 3 SERVICE A VEHICLE. O We at Mercedes-Benz of Lynnwood would like to thank -you for TOTAL LABOR.... 630.00 a DISCLAIMER OF WARRANTIES Y allowing us the opportunity to serve you. TOTAL PARTS.... 408.68 The only warranties applying to this par+ In approximately 10 days Mercedes-Benz may be sending you a TOTAL SUBLET... 0.00 Q survery experience, we ask that you please complete the TOTAL G.O.G.... 0.00 are those which may be offered by •• survey, as it will help our efforts to provide you with a TOTAL MISC CHG. 21.95 manufacturer. MERCEDES-BENZ of LYI` C� world -class Customer Service Experience. TOTAL MISC DISC 0.00 WOOD hereby expressly disclaims all w In the meantime if you have any questions or concerns, TOTAL TAX...... 100.76 ranties, either express or implied, includ please contact your Service Advisor or the Service Manager - - - - - - - - any implied warranties of merchantability L at (425) 673-0505 TOTAL INVOICE $ 1161.39 fitness for a particular purpose and neit t assumes nor authorizes any other person assume for it any liability in connection w the sale of this part(s) and/or service. Bu shall not be entitled to recover fr MERCEDES-BENZ of LYNNWOOD any con quential damages, damages to property, dE E ages for loss of use, loss of time, loss of profi M ncome, or any other incidental damages. L The information contained on the estima 0 worksheet and/or repair order is incorporai E fherein by reference. TERMS V NO RETURNS ON ELECTRICAL PARTS I � SPECIAL ORDER ITEMS. PARTS RETURN O SUBJECT TO 10% HANDLING CHARGE. I E RETURNS WITHOUT THIS INVOICE. I V REFUNDS AFTER 15 DAYS. SPECIAL ORD PARTS MUST BE PAID FOR IN ADVAN( Q PACKAGING MUST BE IN NEW OR LIKE NI CONDITION. A CHARGE HAS BEEN ADDED WHE APPROPRIATE FOR THE DISPOSAL ENVIRONMENTAL WASTES SUCH ENGINE OIL, ANTIFREEZE, SOLVENT ATF, ETC. vl PAGE 2 OF 2 CUSTOMER COPY [ END OF INVOICE J 10:59am Y-10(4 Packet Pg. 88 Mercedes-Benz Mercedes-Benz of Lynnwood 17800 1•IIGII VAY 99 LYNNN,VOOD, WA 98037 425-673-0505 e-mail: service@mercedesbenzofl),nmvoo(Lcom 0101IM3CS91775 CUSTOMER NO 5421 RONALD MEAGHER 7 30 5 17 3 RD ST SW 7305 17 WA 98026-5129 EDMOVW ENOMAN2000@YAHOO.COM R LES HART 89TAGNO108R IN"W/761/16 IMRN1775 LABOR RATE LICENSE NO- MILEAGE 324,085 COLOR 'YELLOW/ STOCK NO. R{ MAKE / MODEL el`MERCEDES-BENZ/240D DEL IV � Ib/81 DELIVERY MILES HICLDE I.DB. NOA B 2 3 A X B B 2 6 3 0 9 7 §Ef�L �Q ALER Na [R}.�`jj0-9///29/16 PROj� TJpTg�81 F.T.E.NO, P.O.NO. RE�lJ1PRTN1,T/#� 1 RITj I§EM-9429 BUSINESS PHONE Efy1M191691210223458 MO: 3240 UK--------------- .---------- ....__.._......................--•----•-------------- 1 33MBZ *FRT AXLE DIAGNOSIS UNITS: 4.20 TECH(S):821 630.00 CLIENT STATES SHE HIT A LARGE POT HOLE WITH THE RIGHT FRONT WHEEL & IT BENT BACK ( CHECK & REPORT NEEDS.. CAR HIT, REPAIR INSPECT & MAKE RECOMENDATIONS & ESTIMATE FOR REPAIR OF RIGHT SIDE, REPLACE RIGHT FRONT UPPER CONTROL ARM & RIGHT FRONT SHOCK & PERFORM 4 WAY ALIGNMENT QTY FP NUMBER------- ------- DESCRIPTION --•••••-•••- •-•----UNIT PRICE- 1 910113-012003 NUT 4.79 4.79 1 913002-010010 NUT 6.11 6.11 1 123-330-47-07 CONTROL ARM 156.78 156.78 1 1233200030-WP SHOCK 241.00 241.00 TOTAL - PARTS 408.68 1 TOTALS... .........................•-------- ---- ..........I...... LABOR 630.00 PARTS 408.68 JOB# 1 JOURNAL PREFIX 113CS JOB# 1 TOTAL 1038.68 2 CHARGES---------------------------- ------------------------- ------------- --------- ----- LAbliY--------------------•----._.._.._._........................ ---•--•-----•-•--... J# 2 99MBZ/LOANER MB LYNNWOOD LOANER UNITS: TECH(S):592 0.00 CUSTOMER STATES LOANER VEHICLE WILL BE NEEDED FROM MERCEDES-BENZ OF LYNNWOOD.CUSTOMER RESPONSIBLE TO REPLENISH FUEL USED. PLEASE NOTE THE VEHICLE MUST BE RETURNED ON THE SAME DAY THE CUSTOMERS VEHICLE IS COMPLETED. FAILURE TO DO SO MAY RESULT IN THE DAILY VEHICLE FEES BEING CHARGED TO THE CUSTOMER. PLEASE SIGN ................................................. ALTERNATE TRANSPORTATION PROVIDED 3013ii 2 TOTALS------------------------------------------------------------ JOB# 2 JOURNAL PREFIX 113CS JOB# 2 TOTAL 0.00 =JOB# 3 CHARGES ------------------------------------ ----------------------------•---------------- °IABOR........ •--...............................__.._....._._._..__........... J# 3 9914BZWASH COURTESY WASH UNITS: TECH(S):592 0.00 PERFORM A COURTESY CAR WASH AND VACUUM AS A THANK YOU z FOR CHOOSING MERCEDES-BENZ OF LYNNWOOD. PERFORMED A COURTESY CAR WASH AND VACUUM. JOB# 3 TOTALS --------------------------------------------------- E JOB# 3 JOURNAL PREFIX 113CS JOB# 3 TOTAL 0.00 v NISC------CODE--------DESCRIPTION-------------------------------CONTROL NO --------- JOB # A C2 SHOP SUPPLIES 12.00 JOB # A C1 HAZARDOUS WASTE FEE 9,95 tt PAGE 1 OF 2 CUSTOMER COPY [CONTINUED ON NEXT PAGE] 10:59am EXCELLENCE IS OUR GOAL Thank you for this opportunity to ser you. It is our aim to perform all repa requested on this repair order to yc complete satisfaction. If our service w "EXCELLENT" tell your friends; if n, please tell us immediately. OUR GO, IS THAT YOU WILL BE VERY SATISFII WITH MERCEDES-BENZ of LYNNWOC AS A PLACE TO PURCHASE Al' SERVICE A VEHICLE. DISCLAIMER OF WARRANTIES Y The only warranties applying to this par Q are those which may be offered by manufacturer. MERCEDES-BENZ of I_YP O WOOD hereby expressly disclaims all N ranties, either express or implied, includ v any implied warranties of merchantability L fitness for a particular purpose and neit � assumes nor authorizes any other persor assume for it any liability in connection v M the sale of this part(s) and/or service. BL shall not be entitled to recover fr U) MERCEDES-BENZ of LYNNWOOD any cor 0) quential damages, damages to property, d M E ages for loss of use, loss of time, loss of prof) income, or any other incidental damages. 13 The information contained on the estim< L worksheet and/or repair order is incorpora .O herein by reference, M TERMS V NO RETURNS ON ELECTRICAL PARTS; SPECIAL ORDER ITEMS. PARTS RETURN SUBJECT TO 10% HANDLING CHARGE. E RETURNS WITHOUT THIS INVOICE. V REFUNDS AFTER 15 DAYS. SPECIAL ORE PARTS MUST BE PAID FOR IN ADVAN Q PACKAGING MUST BE IN NEW OR LIKE N CONDITION. A CHARGE HAS BEEN ADDED WHI APPROPRIATE FOR THE DISPOSAL ENVIRONMENTAL WASTES SUCH ENGINE OIL, ANTIFREEZE, SOLVEN ATE, ETC. Packet Pg. 89 (6 unread) - enoman2000 - Yahoo Mail https://us-mg6.maii.yahoo.com/neo/launch?.rand— 1 3.3.a 1R Home Mail Search News Sports Finance Celebrity Weather Answers Flickr Mobile More - Q All - Search Sewn Man- Search Wrrb Home © ron �} Compose Inbox (6) Drafts (1) Sent Archive Spam Trash (26) > Smart Views > Folders > Recent Sponsored Get your Credit Score & Credit Report from the Trusted Source. 0 4% <h ♦ o Archive 13 Move ® Delete Q Spam♦ -X Mor Thank you for helping us improve your Yahoo experience ESTIMATE FOR REVIEW Learn more about your feedback. JSHEPARD <JOHNSHEPARD@MBLYNNWOOD.COM> Today at 11:19 AM To ENOMAN2000@YAHOO.COM Customer No_ 5421 4a444.444AaAA Aa 4 a4 AA 4AN4244µ.AIaA44AAA4AA■a44444A/4•a44A MERCEDES BENZ OF LYNNWOOD SPG REPAIR ESTIMATE ESTIMATE # R091775 ESTIMATE DATE: 03/29/2016 ESTIMATE COMMENTS: VEHICLE 129 SL-CLASS VIN: WDBAB23AXBB263097 ADVISOR # 89 LESLIE E HART CUSTOMER # 5421 RONALD MEAGHER ADDRESS: 7305 173RD ST SW (H) 425-743-9429 (B) (EXT) EDMONDS, WA 98026-5129 CUSTOMER QUOTE OPERATION: FSDAD ALIGN AFTER REPLACE SHOCK & UPPER CONTROL ARM DIAGNOSE & REPLACE BROKEN RIGHT FRONT UPPER CONTROL ARM LABOR HOURS: 4.20 CITY PART NUMBER PART DESCRIPTION PART PRICE EXT PRICE 1 MB123-320-00-30 SHOCK ABSORBER 241.02 241.02 1 MB123-330-47-07 CONTROL ARM 156.78 156.78 1 MB910113-012003 NUT 4.79 4.79 1 MB913002-010010 NUT 6.11 6.11 MISC CODE MISC DESCRIPTION QUOTE MIN QUOTE MAX PRICE C2 SHOP SUPPLIES 12-00 1200 C1 HAZARDOUS WASTE FEE 9.95 9.95 LABOR $: 630.00 PARTS $: 408.70 GOG $: 0.00 MISC. $: 21,95 TAX $: 99.82 SUBTOTAL $: 1160.47 TOTAL LABOR $: 630.00 TOTAL PARTS $: 408.70 TOTAL GOG $: 0.00 TOTAL MISC. $: 21.95 TOTAL TAX $: 100.76 -•-••----•-•---•-•-------------- ESTIMATE TOTAL $: 1161.41 CUSTOMER SIGNATURE ESTIMATES GIVEN ARE VALID FOR 90DAYS. Reply, Reply All or Forward I More > Thank you for helping us improve your Yahoo experience Learn more about your feedback. Q Packet Pg. 90 l of ] 3.4 City Council Agenda Item Meeting Date: 04/12/2016 Resolution implementing the Civic Field Street Vacations Process Staff Lead/Author: Carrie Hite Department: Parks, Recreation & Cultural Services Initiated By: Recommendation: Adopt resolution on consent. Previous Council Action: Council authorized the purchase of Civic field. Council passed a resolution 1352 to begin the process of the street vacations on Civic Field, not including the alley, on March 15, 2016. Council adopted a motion on March 22, 2016 to direct the City Attorney to bring back a new resolution to begin the process of both the streets and alley vacation on Civic Field. Council forwarded this to the consent agenda for April 12, 2016. Narrative: As the City proceeded with the purchase of Civic field, it became apparent that there was no official vacation of either Edmonds or Sprague streets or an alley that runs through the Civic Field property. This allowed us to negotiate a purchase price from the School District for 6.07 +/- acres, instead of the full 8 acre site. In order for the City to plan and develop this property as open space and parkland, it is recommended that the City Council consider the official vacation of these two streets and alley to itself as part of the park. Attached is a resolution that will officially begin the process of these vacations. The resolution calls for a public hearing on May 17, 2016. Attachments: 2016-03-29 resolution setting hearing for street vacation Resolution 1352 Final PSA Packet Pg. 91 3.4.a EDMONDS CITY COUNCIL RESOLUTION NUMBER A RESOLUTION OF THE EDMONDS CITY COUNCIL SETTING A DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF TWO STREETS AND ONE ALLEY LOCATED WITHIN THE RECENTLY ACQUIRED CIVIC FIELD PROPERTY; REPEALING RESOLUTION 1352 THAT SET A HEARING DATE FOR THE VACATION OF THE TWO STREETS WITHOUT MENTIONING THE ALLEY. WHEREAS, RCW 35.79.010 authorizes the city council to initiate a street vacation process by passage of a resolution; and WHEREAS, RCW 35.79.010 requires the city council to fix a time by resolution for public hearing on any proposed street vacation; and WHEREAS, RCW 35.79.010 requires that such hearing occur no less than twenty days and no more than sixty days after the passage of the resolution fixing the hearing date; and WHEREAS, in addition to state law, chapter 20.70 ECDC also sets forth street vacation procedures, some but not all of which are applicable to a street vacation initiated by the city council; and WHEREAS, the city council would like to initiate a street vacation process for two streets and one alley within the civic field property that are legally described as follows: Edmonds Street between Blocks 99 and 100, Sprague Street between Blocks 100 and 101, and the unnamed alley within Block 100, City of Edmonds, according to the plat thereof recorded in volume 2 of Plats, pages 39 and 39A, records of Snohomish County, Washington; and WHEREAS, the resolution being repealed only mentioned the two streets within civic field, not the alley; and WHEREAS, the city council deems it preferable to have only one hearing on all the rights -of -way (streets and alley) to be vacated within civic field; and WHEREAS, this street/alley vacation is being proposed because the city intends to preserve most of the civic field property as a park in perpetuity, making it unlikely that these two streets and the alley will ever be developed for transportation purposes; and WHEREAS, the city has executed deed restrictions in favor of granting agencies which would be inconsistent with the improvement of these streets as streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edmonds, Washington as follows: Section 1. A public hearing on the proposed street vacation shall be scheduled for May 17, 2016 at 7:00 p.m. before the Edmonds City Council. Packet Pg. 92 3.4.a Section 2. The city clerk shall provide notice of the public hearing as required pursuant to RCW 35.79.020 and ECDC 20.70.090 to the extent that such notice requirements are applicable. Section 3. Resolution 1352 is hereby repealed. RESOLVED this 12t' day of April, 2016. CITY OF EDMONDS MAYOR, DAVE EARLING ATTEST: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Pg. 93 3.4.b RESOLUTION NO. 1352 A RESOLUTION OF THE EDMONDS CITY COUNCIL SETTING A DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF STREETS LOCATED WITHIN THE RECENTLY ACQUIRED CIVIC FIELD PROPERTY WHEREAS, RCW 35.79.010 authorizes the city council to initiate a street vacation process by passage of a resolution; and WHEREAS, RCW 35.79.010 requires the city council to fix a time by resolution for public hearing on any proposed street vacation; and WHEREAS, RCW 35.79.010 requires that such hearing occur no less than twenty days and no more than sixty days after the passage of the resolution fixing the hearing date; and WHEREAS, in addition to state law, chapter 20.70 ECDC also sets forth street vacation procedures, some but not all of which are applicable to a street vacation initiated by the city council; and WHEREAS, the city council would like to initiate a street vacation process for two streets within the civic field property that are legally described as follows: Edmonds Street between Blocks 99 and 100 and Sprague Street between Blocks 100 and 101, City of Edmonds, according to the plat thereof recorded in volume 2 of Plats, pages 39 and 39A, records of Snohomish County, Washington; and WHEREAS, this street vacation is being proposed because the vacation would allow the portion of civic field that is unencumbered by grant covenants to be concentrated in one area in the western portion of the site along 61h Avenue, which will allow for more flexibility in the usage of that unencumbered area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edmonds, Washington as follows: Section 1. A public hearing on the proposed street vacation shall be scheduled for April 19th, 2016 at 7:00 p.m. before the Edmonds City Council. Section 2. The city clerk shall provide notice of the public hearing as required pursuant to RCW 35.79.020 and ECDC 20.70.090. RESOLVED this 15th day of March, 2016. CITY OF EDMONDS M YOR, DAVE EARLING Packet Pg. 94 3.4.b ATTEST: FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. March 11, 2016 March 15, 2016 1352 Packet Pg. 95 3.4.c PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT ("Agreement") is entered into by and between the City of Edmonds, a Washington municipal corporation, ("Buyer"), and the Edmonds School District #15, a Washington municipal corporation ("Seller"), as of the date appearing in the last paragraph of this Agreement ("Effective Date"). Buyer and Seller may hereafter be known individually as "Party" and collectively as "Parties." RECITALS A. Seller owns certain real property and improvements located thereon in downtown Edmonds, Snohomish County, Washington, known as Civic Field and more particularly described in Exhibit A and depicted in Exhibit B attached hereto (the "Property"). B. Buyer has been leasing the Property from Seller for over 35 years, pursuant to a Lease Agreement dated August 1, 1977, as amended by Addendum to Lease Agreement dated January 20, 1981 (as amended, the "Lease"). Buyer now desires to purchase the Property because of its conservation values, including, without limitation, public recreational use, and public open and green space. C. Seller desires to sell the Property (as defined herein) to Buyer, and Buyer E desires to purchase the Property from Seller on the terms and conditions set forth in this •2 Agreement. Buyer and Seller are entering into this Agreement pursuant to the authority granted in Chapter 39.33 Revised Code of Washington, (Intergovernmental Disposition of N Property Act) which permits a political subdivision of the State of Washington to sell real r property to the state or any municipality or any political subdivision thereof on such terms and conditions as may be mutually agreed upon by the proper authority of the state and/or Cn the subdivisions concerned. a c Intending to be legally bound, for good and valuable consideration, including the U- mutual covenants and promises of the Parties, the adequacy and receipt of which is hereby acknowledged, the Parties agree as follows: E 1. PROPERTY. The "Property" subject to this Agreement consists of all of the following: a a. That certain real property consisting of approximately 6.07 acres, more or less, located at 310 6th Avenue N, Edmonds, Washington and more particularly described in Exhibit A attached hereto (the "Land"). b. All rights, privileges and easements appurtenant to the Land, including without limitation all minerals, oil, gas and other hydrocarbon substances on the Land, all development rights, air rights, water, water rights and stock water relating to the Land, and any and all easements, rights -of -way and other appurtenances used in Packet Pg. 96 3.4.c connection with the beneficial use and enjoyment of the Land (collectively, the "Appurtenances"). 2. PURCHASE. Seller shall sell and convey the Property to Buyer, and Buyer shall purchase the Property from Seller, on the terms, covenants and conditions set forth in this Agreement. Buyer acknowledges that Buyer is in occupancy of the Property pursuant to the Lease and that prior to Closing (as defined below in Section 9.1); Buyer shall have performed any further inspections it desires with respect to the Property. Buyer will be purchasing the Property in its present physical condition, "As Is," except for the express covenants, representations and warranties and indemnities contained in this Agreement. As of the Effective Date, Buyer agrees that Seller has made no representations or warranties or agreements of any kind or nature regarding the Property, except for the express warranties contained in this Agreement. 3. PURCHASE PRICE. 3.1. Amount. The purchase price ("Purchase Price") for the Property shall be One Million Nine Hundred Thousand and 00/100 Dollars ($1,900,000.00). 3.2. Payment. Buyer shall pay Seller the Purchase Price at Closing. 3.3 Earnest Money; Liquidated Damages. Within two (2) days after the ii Effective Date, Buyer shall deliver to Chicago Title Insurance Company, 3002 Colby Ave •2 #200, Everett, WA 98201 ("Escrow Holder"), an executed earnest money promissory note in the amount of Fifty Thousand Dollars ($50,000.00), in the form of Exhibit 3.3 (the "Earnest N Money Note"). Simultaneously with Buyer's delivery of an Approval Notice pursuant to r Section 6.4, the Earnest Money Note shall be converted to cash, and shall become non- refundable. The earnest money funds (the "Deposit") shall be applied to the Purchase Price Cn at Closing. The Deposit shall be nonrefundable to Buyer. IN THE EVENT BUYER FAILS, a WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO SELLER AS LIQUIDATED DAMAGES AS THE U_ SOLE AND EXCLUSIVE REMEDY AVAILABLE TO SELLER. Buyer and Seller agree that the Deposit represents a reasonable sum considering all of the circumstances existing on E the date of this Agreement and represent a reasonable estimate of the losses that Seller will incur if Buyer fails without legal excuse to purchase the Property. a 4. TITLE. 4.1. Condition of Title. Title shall be insurable by a 2006 ALTA Owner's Standard Coverage Policy in the amount of the Purchase Price (the "Title Policy"), subject only to the Permitted Exceptions (as defined below in section 4.3). Seller shall satisfy all requirements of the Title Company in connection with issuance of the title policy in accordance with the Commitment. 4.2. Title Insurance Commitment. Buyer has obtained a current title insurance commitment issued by First American Title Insurance Company (the "Title 2 Packet Pg. 97 3.4.c Company"), under commitment number 4229-2358636 (Second Report), dated August 20, 2015 ("Commitment"), showing title to the Property vested in Seller and committing to insure such title in Buyer by the issuance of a 2006 ALTA Owner's Standard Coverage Policy of title insurance in the amount of the Purchase Price. Buyer shall be solely responsible for the cost of any policy endorsements ("Endorsements") as required by Buyer. 4.3. Review of Title. Buyer shall have until twenty (20) days before the end of the Due Diligence Period (as defined in section 6.4) to notify Seller in writing of any objection Buyer, in its sole discretion, may have to any exceptions shown on the Commitment. Seller will promptly notify Buyer within seven (7) business days after receipt of Buyer's written objection if Seller agrees to remove exceptions Buyer objected to (which removal will be accomplished on or prior to Closing, as defined in Section 9.1 below), and if Seller does not agree to remove such exceptions Buyer shall then have three (3) business days to either waive the objection in writing or agree to take title subject to such exceptions N (and Buyer's failure to notify Seller of such decision shall be deemed to be Buyer's election o to take title subject to such exceptions). Those exceptions disclosed in the Commitment that Buyer does not disapprove, those exceptions Buyer elects (or is deemed to have o elected) to take title subject to, and those matters created by Buyer (as tenant under the Lease) constitute permitted exceptions ("Permitted Exceptions"). Seller and Buyer shall cooperate to remove special exception number 9 from the Commitment at Closing (as the in lease referred to in special exception number 9 will be terminated by merger upon Buyer's :2 acquisition of the Property). Seller shall immediately notify Buyer of any liens, leases, ii encumbrances, easements, restrictions, conditions, covenants, rights -of -way and other 2 matters affecting title to the Property that are created by Seller and which may appear of v record or be revealed by survey or otherwise after the date of the Commitment but before N the Closing (collectively, "Intervening Exceptions"). Intervening Exceptions shall be subject r to Buyer's approval and Buyer shall have ten (10) business days after notice in writing of any Intervening Exception, together with a description thereof and a copy of the instrument < creating or evidencing the Intervening Exception, if any, to either accept it (whereupon the a Intervening Exception shall become a Permitted Exception) or submit written objection. Seller will promptly notify Buyer within ten (10) business days after receipt of Buyer's written U- objection if Seller agrees to remove Intervening Exceptions that do not become Permitted Exceptions prior to Closing, and if Seller does not agree to remove such Intervening Exceptions Buyer shall then have ten (10) business days to either waive the objection in writing or agree to take title subject to such Intervening Exceptions. a 5. CONDITIONS PRECEDENT. 5.1. Conditions to Purchase. Buyer's obligations with respect to purchase of the Property and the Closing are subject to fulfillment of the conditions precedent ("Buyer's Conditions Precedent") described below, or waiver thereof by Buyer, not later than the earlier of the date set forth below or the Closing Date (defined in Section 9.1 below). a. Title Policy. All requirements set forth in the Commitment (including any update) shall have been satisfied or waived by the Title Company and the Packet Pg. 98 3.4.c Title Company shall be prepared at the Closing Date to issue the Title Policy as described in Section 4. b. Representations, Warranties and Covenants of Seller. Seller shall have performed each and every obligation to be performed by Seller under this Agreement, and Seller's representations and warranties in this Agreement shall be true and correct in all material respects as of the Closing. C. No Adverse Changes. As of the Closing, there shall have been no material adverse change in the physical condition of the Property from the date of this Agreement. d. Seller's Deliveries. Seller shall have delivered each of the items described in Section 6.1 to Buyer and in Section 8.1 to Escrow Holder. e. Investigation. Buyer shall have delivered an Approval Notice to Seller by the end of the Due Diligence Period to confirm that the condition stated in Section 6.4 has been satisfied or waived within the time period required therein. f. No Seller Bankruptcy. If at any time prior to Closing, (i) there :2 shall be filed against or by Seller a petition in bankruptcy or insolvency or a petition seeking ii to effect any plan or other arrangement with creditors or seeking the appointment of a 2 receiver and the same is not discharged or dismissed before Closing; (ii) a receiver or v liquidator is appointed for all or substantially all of Seller's property; (iii) Seller makes an N assignment for the benefit of creditors or takes any other similar action for the benefit or r protection of creditors, then Buyer shall have the right in its sole and absolute discretion and in addition to all other remedies available to Buyer pursuant to this Agreement or at law or in < equity to cancel and terminate this Agreement after which the Deposit shall be returned to a Buyer and neither Party shall have any further rights or obligations under this Agreement. ii 5.2. Benefit of Buyer. The Buyer's Conditions Precedent are solely for the benefit of Buyer and may be waived only in writing by Buyer. Buyer shall at all times have the right to waive any condition. The waiver by Buyer of any condition in any specific circumstances shall not be a waiver of such condition with respect to any other circumstances or a waiver of any other condition and shall not relieve Seller of any liability or a obligation with respect to any representation, warranty, covenant or agreement of Seller, unless the waiver expressly so provides. 5.3. Termination. If any Buyer's Condition Precedent is not timely fulfilled and is not waived by Buyer, Buyer may terminate this Agreement by written notice to Seller and Escrow Holder shall, if Buyer so instructs, return to the Parties all funds and documents deposited by them, respectively, with the Escrow Holder. 6. INVESTIGATION OF THE PROPERTY. 0 Packet Pg. 99 3.4.c 6.1. Seller's Initial Deliveries. Within ten (10) business days from the Effective Date, Seller shall, at its sole expense, deliver to Buyer copies of disclosure materials pertaining to the condition and/or operation of the Property to the extent currently in possession of Seller. Buyer waives the right to receive a seller disclosure statement if required by RCW 64.06 (the "Form 17," with RCW 64.06 referred to as the "Seller Disclosure Statute"); provided, however, that if the answer to any of the questions in the section of the Form 17 entitled "Environmental" would be "yes," then Buyer does not waive the receipt of the "Environmental" section of the Form 17. Buyer acknowledges and agrees that (i) neither the Form 17 nor any information or statements set forth therein comprise part of this Agreement, (ii) pursuant to RCW 64.06.070, neither the Seller Disclosure Statute nor the Form 17 gives Buyer any additional rights or remedies except for the right of rescission exercised on the basis and within the time limits provided by the Seller Disclosure Statute, and (iii) all statements and information provided by Seller on the Form 17, if any, are made to the actual knowledge of Seller. 6.2. Entry. Without limiting any other rights of Buyer under this Agreement, as of the Effective Date, Buyer and Buyer's agents and employees shall have the right to conduct soils, engineering, environmental and other tests at the Property at Buyer's sole expense. Seller agrees, at Buyer's cost, to cooperate with any such investigations, inspections, or studies made by or at Buyer's direction. The exercise by in Buyer of any of the preceding rights or any other act of Buyer shall not negate any representation, warranty or covenant of Seller, or modify any of Buyer's rights or Seller's ii obligations in the event of any breach by Seller of any of its representations, warranties or 2 covenants under this Agreement. Buyer shall indemnify and hold Seller harmless from any and all damages, liabilities, expense, liens or claims (including but not limited to attorneys' N fees) arising from the activities or negligence of Buyer or its employees or agents in the r exercise of its testing rights hereunder or failure to pay third parties for testing work as described herein; and the provisions of this indemnity shall survive termination of this �¢ Agreement. a c 6.3. Environmental Assessment. Buyer may obtain such environmental assessments of the Property as Buyer deems appropriate; provided, however, that before conducting any invasive drilling or sampling of the Property, Buyer shall first obtain Seller's written consent as to the work plan, scope and locations of such work, which consent shall not be unreasonably withheld or delayed. a 6.4. Period for Investigation. Closing of this transaction is conditioned on Buyer's satisfaction with the Property, the suitability of the Property for Buyer's intended uses and the feasibility of this transaction in Buyer's sole and absolute discretion. Buyer shall have forty (40) business days from the Effective Date to conduct its investigation (the "Due Diligence Period") and to send written notice to Seller ("Approval Notice") that Buyer has satisfied or waived this condition. If Buyer fails to provide an Approval Notice to Seller and the Title Company that this condition is satisfied or waived (together with a conversion of the Earnest Money Note into a cash earnest money deposit) prior to 5:00 p.m. Pacific Time on the final day of the Due Diligence Period, then this Agreement shall be deemed terminated, both Seller and Buyer shall be released and discharged from all further Packet Pg. 100 3.4.c obligations under this Agreement, and the Lease shall remain in full force and effect. The Earnest Money Note shall be returned to Buyer and, except as provided in Section 6.2, neither Party shall be subject to a claim by the other for damages of any kind with respect to this Agreement or Buyer's attempt to purchase the Property. 7. SELLER'S OBLIGATIONS. Before the Closing Seller shall, at its sole expense: 7.1. Promptly notify Buyer upon learning of any fact or event that would make any of the representations or warranties of Seller contained in this Agreement (including, without limitation, Buyer's Conditions Precedent and the representations and warranties set forth in section 12 hereof) untrue or misleading in any material respect or that would cause Seller to be in violation of any of its covenants or other obligations hereunder. 7.2. Notify Buyer promptly upon receiving notice of a claim or pending litigation affecting the Property, or notice of any event, transaction, or occurrence before Closing that would materially adversely affect the Property or any part thereof. 7.3. Not convey, mortgage, grant a deed of trust, or contract to do the foregoing or otherwise allow or consent to convey, abandon, relinquish, cloud or encumber title to the Property or any interest therein or part thereof without Buyer's consent. 7.4. Maintain any casualty, liability and hazard insurance currently carried by Seller in force with respect to the Property through the Closing without diminution in coverage. 7.5. Take no action that will adversely affect title to the Property. 8. DELIVERIES TO ESCROW HOLDER. �Q d 8.1. By Seller. Seller shall deliver or cause to be delivered to Escrow Holder on or prior to the Closing Date the following items, the delivery of each of which shall U- be a condition to the performance by Buyer of its obligations under this Agreement: as a. Deed. A statutory warranty deed, substantially in form and substance of Exhibit C attached hereto, duly executed and acknowledged by Seller (the "Deed"), conveying to Buyer or its designee title to the Property, free and clear of all liens, a encumbrances, restrictions and easements, except only the Permitted Exceptions . b. FIRPTA Affidavit. A certificate in form and substance attached hereto as Exhibit D, duly executed by Seller, evidencing that Seller is exempt from the withholding requirements of Section 1445 of the Internal Revenue Code. C. ALTA Affidavits. Any affidavits, certifications or instruments, including any lien affidavits or mechanic's lien indemnifications, duly executed and acknowledged by Seller, as reasonably may be required by the Title Company in order to issue the Title Policy; PROVIDED THAT Seller shall not be required to deliver affidavits, 6 Packet Pg. 101 3.4.c certifications or indemnification instruments related to the actions or omissions of Buyer in its capacity as tenant on the Property. d. Title Insurance Policy. Evidence that the Title Company is committed to issue the Title Insurance Policy in conformance with section 4. e. Closing Certificates. A certificate of Seller dated as of the Closing Date certifying that all of Seller's representations and warranties remain true in all material respects as of the Closing Date, or if not, specifying the respect in which any representation or warranty is no longer true. f. Certificates of Authority. Such certificates as are necessary or required by the Title Company to evidence the authority of Seller and its signatories to execute the instruments to be executed by Seller in connection with this transaction, and evidence that the execution of such instruments is the official act and deed of Seller. g. Excise Tax Affidavit. A real estate excise tax affidavit signed by Seller or its agent; provided that Seller and Buyer acknowledge that no real estate excise tax will be due on the transfer. 8.2. By Buyer. Buyer shall deliver or cause to be delivered to Escrow Holder on or before the Closing Date: a. Closing Funds. Cash by federal funds, wire transfer or cashier's check in the amount necessary to pay the balance of the Purchase Price and N Buyer's share of closing costs and prorations. CO) r b. Excise Tax Affidavit. A real estate excise tax affidavit signed U) by Buyer or its agent. a c U- 9. CLOSE OF ESCROW. a� 9.1. Time. The close of escrow (the "Closing") shall occur no more than thirty (30) business days following the delivery of an Approval Notice from Buyer (the "Closing Date") stating that the investigation contingency in Section 6.4 has been satisfied or a waived, at the offices of Escrow Holder. When the Title Company is in a position to issue the Title Policy and all documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close escrow as provided for in Section 9.2 below. The failure of either Seller or Buyer to be in position to close by the Closing Date, without lawful excuse under this Agreement, shall constitute a default by such Party. 9.2. Procedure. Escrow Holder shall close the transaction as follows: a. Obtain the release of the Property from any mortgage, mechanics or judgment liens described in the Commitment except the Permitted Exceptions; 7 Packet Pg. 102 3.4.c b. Record the real estate excise tax affidavit and pay any applicable fees and record the Deed; C. Complete the prorations; d. Deliver the Purchase Price less Seller's closing costs and prorations (as described in Sections 9.4(a) and (b) below) to Seller; e. Issue and deliver the Title Policy to Buyer (which may occur within 5 business days after the Closing Date); Deliver any other documents deposited by Seller to Buyer; and g. Forward to Buyer and Seller, in duplicate, a separate accounting of all funds received and disbursed for each Party and copies of all executed and recorded or filed documents submitted to Escrow Holder, with such recording and filing date endorsed thereon. 9.3. Incorporation of Escrow Instructions. This Agreement shall serve as escrow instructions, and an executed copy of this Agreement shall be deposited by Buyer with Escrow Holder following its execution. The Parties may execute additional escrow instructions provided that such additional escrow instructions shall not change the terms of this Agreement without mutual agreement of the Parties. 9.4. Closing Costs and Prorations. a a. Closing Costs. Buyer and Seller shall each pay their own a attorneys' fees. Buyer shall pay the cost of recording the Deed and one-half (1/2) of escrow fees. Seller shall pay one-half (1/2) of escrow fees, and the title insurance premium charged U_ by the Title Company for a standard owner's policy. If required by Buyer, Buyer shall pay the additional premium charged by the Title Company for extended coverage and the Endorsements and the cost of the survey. b. Prorations. At Closing, there shall be no prorations since a Buyer currently pays all taxes, general assessments, utilities and operating expenses relating to the Property pursuant to the Lease. Any special assessments against the Property in existence as of the Closing Date shall be assumed or paid by Buyer. 9.5. Possession. Possession of the Property shall be delivered to Buyer upon Closing. 9.6. Deliveries Outside of Escrow. On or promptly after the Closing Date, Seller shall deliver to Buyer outside of Escrow any of the following in Seller's possession: any books and records of account, contracts, leases and non -privileged leasing Packet Pg. 103 3.4.c correspondence pertaining to the Property, architectural and engineering plans, drawings and specifications for the improvements to the Property, any "As -Built" plans and specifications, original operating permits and certificates relating to use, occupancy or operation of the Property, any keys if any, used in operation of the Property. 10. BROKERAGE COMMISSION. Seller warrants to Buyer and Buyer warrants to Seller that each Party's sole contact with the other and with the Property regarding this transaction has been directly with the other Party and has not involved any commissioned - based broker or finder. Seller and Buyer further warrant to each other that no broker or finder can properly claim a right to a commission or finder's fee based upon contacts between the claimant and that Party with respect to the other Party or the Property. Each Party shall indemnify, defend and hold the other Party harmless from and against any loss, cost or expense, including, but not limited to, attorneys' fees and court costs, resulting from any claim for a fee or commission by any broker or finder in connection with the Property and this Agreement resulting from the indemnifying Party's actions. 11. CASUALTY OR CONDEMNATION. 11.1. If there is a condemnation of all or part of the Property initiated before Closing, Seller shall promptly notify Buyer and Buyer shall have the option for ten (10) days following the date the notice is received (a) to proceed with the Closing, in which event all condemnation proceeds already received by Seller by the Closing shall be paid to Buyer and the right to receive such proceeds not yet received by Seller shall be assigned to Buyer at the Closing, or (b) to terminate this Agreement. Unless this Agreement is terminated, Seller shall take no action with respect to any condemnation proceeding without the prior written consent of Buyer. 11.2. If any casualty costing $10,000.00 or more to repair has occurred to the Property before Closing, Buyer at its election may terminate this Agreement (in which case the Lease shall remain in effect) or proceed to close, and in the latter case Seller shall assign to Buyer all insurance proceeds attributable to the casualty. If there is a casualty to the Property costing less than $10,000.00 to repair, there will be no termination of this Agreement; such damage shall be repaired by the party required under the Lease to repair such damage. 12. REPRESENTATIONS, WARRANTIES AND COVENANTS. 12.1. Seller's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants contained elsewhere in this Agreement, Seller as of the date of this Agreement and as of the Closing Date makes the following representations, warranties and covenants: a. Title. Seller is the sole owner of the Property. At Closing, Buyer will acquire the entire fee simple estate and right, title and interest in and to the Property, free and clear of all recorded or unrecorded liens, encumbrances, covenants, restrictions, reservations, easements, options, tenancies, leases encroachments, claims or 0 Packet Pg. 104 3.4.c other matters affecting title or possession of the Property, subject only to the Permitted Exceptions and any other matters created by Buyer. b. Agreements to Transfer or Encumber. Except as shown in the Commitment, Seller has not committed nor obligated itself in any manner whatsoever to sell, lease or encumber the Property or any interest therein to any party other than Buyer. C. Bankruptcy, Etc. No bankruptcy, insolvency, rearrangement or similar action involving Seller or, to Seller's Knowledge (as defined below), the Property, whether voluntary or involuntary, is pending, threatened in writing by a third party, or contemplated by Seller. d. Litigation. There is no pending or, to Seller's Knowledge, threatened in writing, judicial, municipal or administrative proceedings with respect to Seller, this transaction or in any manner affecting the Property or any portion thereof or in which Seller is or will be a party by reason of Seller's ownership of the Property or any portion thereof. e. Notices. Seller has not received any written notices from any insurance companies, governmental agencies or from any other parties with respect to any violations or other matters concerning the Property. f. Good Standing and Due Authority. Seller has all requisite 2 power and authority to execute and deliver this Agreement and to carry out its obligations v hereunder and the transactions contemplated hereby. This Agreement has been, and the N documents contemplated hereby will be, duly executed and delivered by Seller and r constitute the Seller's legal, valid and binding obligation enforceable against Seller in accordance with its terms. The consummation by Seller of the sale of the Property is not in < violation of or in conflict with nor does it constitute a default under any term or provision of a the terms of any agreement or instrument to which Seller is or may be bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority U- or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority. g. No Omissions. All representations and warranties made by Seller in this Agreement, and all information contained in any certificate furnished by Seller a to Buyer in connection with this transaction, are free from any untrue statement of material fact and do not omit to state any material facts necessary to make the statements contained herein or therein not misleading. The copies of any documents furnished to Buyer in connection with this transaction are true and complete copies of the documents they purport to be and to the Seller's Knowledge contain no untrue statement of material fact and do not omit to state any material facts necessary to make the statements contained therein not misleading. h. Leases, Service Contracts or Other Contracts. Other than the Lease between Buyer and Seller or as otherwise shown in the Commitment, Seller has 10 Packet Pg. 105 3.4.c not entered into any leases, service contracts or other contracts regarding or related to the Property. i. Mechanic's Liens. Seller has not directed that any labor, material or services be furnished in, on or about the Property or any part thereof. j. Assumption of Liabilities. Buyer, by virtue of the purchase of the Property, will not be required to satisfy any obligation of Seller arising prior to the Closing Date except as shown in the Commitment. As used herein, "Seller's Knowledge" means the present, actual knowledge, with no duty of due diligence or inquiry, of Stewart Mhyre, Executive Director Business & Operations, and Brian Harding, Facilities Director. Such persons have not undertaken or inquired into (having no duty to undertake or to inquire into) any independent investigation or verification of the matters set forth in any representation or warranty, including without limitation an investigation or review of any documents, certificates, agreements or information that may be in, or may hereafter come into, the possession of Seller. Buyer acknowledges that the individuals named above are named solely for the purpose of defining and narrowing the scope of Seller's knowledge and not for the purpose of imposing any liability on or creating any duties running from such individuals to Buyer. Buyer covenants that it will bring no action of any kind against such individuals related to or arising out of any representations and warranties made by Seller herein. 12.2 Buyer's Representation. Buyer represents and warrants that as of N the date of this Agreement and as of the Closing Date, Buyer is a Washington municipal r corporation duly organized, validly existing and in good standing in the state of Washington. Buyer has all requisite power and authority to execute and deliver this Agreement and to < carry out its obligations under this Agreement and the transactions contemplated by this a Agreement. U- This Agreement has been initially executed by the Mayor of the City of Edmonds as an offer to purchase that is expressly contingent on the approval of this Agreement by the Edmonds City Council. This Agreement shall not constitute a legal, valid and binding obligation enforceable against the Buyer until the Edmonds City Council has taken action to approve it during an open public meeting. The delivery of the Approval Notice referenced in a Section 6.4 shall constitute irrevocable evidence that this contingency has been satisfied. Subject to the foregoing City Council approval contingency, the consummation by Buyer of the purchase of the Property is not in violation of or in conflict with nor does it constitute a default under any term or provision of the bylaws of Buyer, or any of the terms of any agreement or instrument to which Buyer is or may be bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority. Packet Pg. 106 3.4.c 13. INTENTIONALLY OMITTED. 14. INDEMNIFICATION. 14.1. Seller's Indemnity. Seller shall pay, protect, defend, indemnify and hold Buyer harmless from and against any and all loss, liability, damage and expense suffered or incurred by reason of (a) the breach of any representation, warranty or agreement of Seller set forth in this Agreement, (b) the failure of Seller to perform any obligation required by this Agreement to be performed by Seller or (c) any injuries to persons or property on or about the Property from any cause occasioned in whole or in part by any acts or omissions of the Seller, its representatives, employees, contractors or suppliers that occurred before Closing. Seller shall defend any claim covered by this indemnity using counsel reasonably acceptable to Buyer. 14.2. Buyer's Indemnity. Buyer shall pay, protect, defend, indemnify and hold Seller harmless from and against any and all loss, liability, damage and expense suffered or incurred by reason of (a) the breach of any representation, warranty or agreement of Buyer set forth in this Agreement, (b) the failure of Buyer to perform any obligation required by this Agreement or in the Lease to be performed by Buyer or (c) the ownership, maintenance, and/or operation of the Property after Closing by Buyer. Buyer shall defend any claim covered by this indemnity using counsel reasonably acceptable to Seller. 15. SURVIVAL. The covenants, agreements, representations and warranties made in this Agreement shall survive the Closing unimpaired for six (6) months and shall not merge into the Deed and the recordation thereof. 16. ENTIRE AGREEMENT. This Agreement contains the entire integrated a agreement of the Parties, including all of the covenants and conditions between the Parties a with respect to the subject matter of this Agreement, and supersedes all prior correspondence, agreements and understandings, both verbal and written. No addition or U- modification of any term or provision of this Agreement shall be effective unless set forth in writing and signed by Seller and Buyer. The Parties do not intend to confer any benefit under this Agreement to any person, firm or corporation other than the Parties. 17. DEFAULT; REMEDIES Q 17.1. Specific Performance. This Agreement pertains to the conveyance of real property, the unique nature of which is hereby acknowledged by the Parties. Consequently, if Seller breaches or defaults under this Agreement or any of the representations, warranties, terms, covenants, conditions or provisions hereof, Buyer shall have the right to either (a) demand specific performance of this Agreement; or (b) to terminate this Agreement upon written notice without liability to Seller. 17.2. Attorneys' Fees. If either Party brings an action or other proceeding against the other Party to enforce any of the terms, covenants or conditions hereof or any 12 Packet Pg. 107 3.4.c instrument executed pursuant to this Agreement, or by reason of any breach or default hereunder or thereunder, the Party prevailing in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other Party, and in the event any judgment is obtained by the prevailing Party all such costs and attorneys' fees shall be included in the judgment. 18. NOTICES. All written notices required to be given pursuant to the terms hereof shall be either delivered personally or deposited in the United States mail, certified mail, return receipt requested, postage prepaid and addressed to the addresses listed below with copies to the Parties listed after such address: SELLER BUYER Edmonds School District #15 20420 68th Ave West Lynnwood, WA 98036-7400 Attn: Stewart Mhyre Fax: (425) 431-7198 City of Edmonds 700 Main Street Edmonds, WA 98020 Attn: Carrie Hite Fax: (425) 771-0247 The foregoing addresses may be changed by written notice to the other Party as provided < herein. Mailed notice properly given shall be deemed received four (4) days after deposit in a the mail. Facsimile transmission of any signed original document or notice, and retransmission of any signed facsimile transmission, shall be the same as delivery of an U- original. At the request of either Party or the Escrow Holder, the Parties will confirm facsimile transmitted signatures by signing an original document. 19. PARTIAL INVALIDITY. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or a unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby; and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 20. WAIVERS. No waiver of any breach of any covenant or provision in this Agreement shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision in this Agreement. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act. 13 Packet Pg. 108 3.4.c 21. CONSTRUCTION. Captions are solely for the convenience of the Parties and are not a part of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. If the date on which Buyer or Seller is required to take any action under the terms of this Agreement is not a business day, the action shall be taken on the next succeeding business day. 22. TIME. Time is of the essence for every provision of this Agreement. 23. FORCE MAJEURE. Performance by Seller or Buyer of their obligations under this Agreement shall be extended by the period of delay caused by force majeure. Force majeure is war, natural catastrophe, strikes, walkouts or other labor industrial disturbance, order of any government, court or regulatory body having jurisdiction, shortages, blockade, embargo, riot, civil disorder, or any similar cause beyond the reasonable control of the Party who is obligated to render performance (but excluding financial inability to perform, however caused). 24. SUCCESSORS. The terms, conditions and covenants contained in this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto. Buyer shall not assign this Agreement without the prior written consent of Seller, which consent may be withheld or conditioned in Seller's sole and absolute discretion. 25. APPLICABLE LAw. This Agreement shall be governed by the law of the State of Washington. Venue for any dispute shall be in Snohomish County. 26. RECITALS AND EXHIBITS. The Recitals and Exhibits are incorporated into this Agreement by this reference. 27. COUNTERPARTS. This Agreement may be signed in counterparts, any of which shall be deemed an original. 28. DATE. This Agreement is made this day of , 2015. ]SIGNATURE PAGES FOLLOW] 14 ,1 Q Packet Pg. 109 3.4.c SELLER: Edmonds School District #15 A Washington municipal corporation M Name: Title: ELI V V a+ Q Packet Pg. 110 3.4.c BUYER: City of Edmonds A municipal corporation of the State of Washington M Name: David O. Earling Title: Mayor 16 Of a Packet Pg. 111 3.4.c EXHIBIT LIST Exhibit A Legal Description and Map Exhibit B Property Depiction Exhibit C Form of Deed Exhibit D Form of Non -Foreign Certificate EXHIBIT 3.3 Earnest Money Note 17 GN Cn a- c ii w c a� E r a Packet Pg. 112 3.4.c EXHIBIT A LEGAL DESCRIPTION Lots 1 through 20, inclusive, Block 99, Lots 1 through 40, inclusive, Block 100, and Lots 21 through 40, inclusive, Block 101, City of Edmonds, according to the Plat thereof recorded in Volume 2 of Plats, pages 39 and 39A, records of Snohomish County, Washington. UM 01 Q Packet Pg. 113 3.4.c EXHIBIT B — Property Depiction 19 32 d U. Q Packet Pg. 114 3.4.c EXHIBIT C FORM OF DEED Return Address Document Title(s) (or transactions contained therein): 1. Statutory Warranty Deed Reference Number(s) of Documents assigned or released: N/A (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1. Edmonds School District No. 15 2. e Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials): 1. City of Edmonds 2. e Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) e Full legal is on page 3-of document. Assessor's Property Tax Parcel/Account Number 20 d ii 2 0 Q Packet Pg. 115 3.4.c STATUTORY WARRANTY DEED Grantor, EDMONDS SCHOOL DISTRICT NO. 15, a Washington municipal corporation, for and in consideration of Ten Dollars ($10) in hand paid and other good and valuable consideration, receipt of which is hereby acknowledged, conveys and warrants to THE CITY OF EDMONDS, a Washington municipal corporation, that certain real property located in the City of Edmonds, Snohomish County, Washington, more particularly described on EXHIBIT A attached hereto and incorporated herein by reference, subject to the matters shown on EXHIBIT B attached hereto and incorporated herein by reference. Dated this day of , 201 Grantor: EDMONDS SCHOOL DISTRICT NO. 15 Nick Brossoit, Superintendent 01 Q 00358-0859/128230360.1 Packet Pg. 116 3.4.c STATE OF WASHINGTON ) ss. COUNTY OF On this day of , 201_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Nick Brossoit, to me known to be the person who signed as Superintendent of EDMONDS SCHOOL DISTRICT NO., 15, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said Superintendent of the municipal corporation and that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 01 Q 00358-0859/128230360.1 Packet Pg. 117 3.4.c EXHIBIT A TO DEED Legal Description 32 d U. Q 00358-0859/128230360.1 Packet Pg. 118 3.4.c EXHIBIT B TO DEED Title Exceptions 32 d U. Q 00358-0859/128230360.1 Packet Pg. 119 3.4.c EXHIBIT D FORM OF NON -FOREIGN CERTIFICATE CERTIFICATE OF NON -FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U. S. real property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) that withholding of tax is not required upon the disposition of a U.S. real property interest by EDMONDS SCHOOL DISTRICT NO. 15, a Washington municipal corporation ("Seller"), the undersigned hereby certifies the following on behalf of Seller: 1. Seller is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations). 2. Seller's U. S. employer identification number is 91-6001871. 3. Seller is not a disregarded entity as defined in § 1.1445-2(b)(2)(iii) of the Internal Revenue Code. 4. Seller's office address is: 20420 68th Avenue West Lynnwood, WA 98036 5. Seller understands that this certification may be disclosed to the Internal Revenue Service by the transferee (buyer) and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, the undersigned declares that he has examined this certification and to the best of his knowledge and belief it is true, correct and complete, and he further declares that he has the authority to sign this document on behalf of Seller. Executed as of the SELLER: day of , 201_, at Washington. EDMONDS SCHOOL DISTRICT NO. 15 Nick Brossoit, Superintendent 01 a 00358-0859/128230360.1 Packet Pg. 120 3.4.c EXHIBIT 3.3 EARNEST MONEY NOTE $50,000.00 Edmonds, WA , 2015 FOR VALUE RECEIVED, the undersigned promises to pay in lawful money of the United States, to the order of CHICAGO TITLE INSURANCE COMPANY, the amount of Fifty Thousand Dollars ($50,000.00) to be held as the earnest money Deposit in accordance with Section 3.3 of the Agreement defined below, for the account of EDMONDS SCHOOL DISTRICT NO. 15 ("Payee"). This note shall be paid as follows: Upon demand, after expiration of the Due Diligence Period, as that term is defined in Section 6.4, and otherwise pursuant to the provisions of, that certain Purchase and Sale Agreement dated , 2015 ("Agreement") between the undersigned as buyer ("Buyer") and Payee as seller with respect to certain real property located in the City of Edmonds, Snohomish County, Washington, unless (i) Buyer has terminated the Agreement on or before the expiration of the Due Diligence Period or (ii) the transaction contemplated under the Agreement has closed and Buyer has paid Payee the full purchase price as set forth in the Agreement. This note shall not bear interest if paid when due. If this note shall be placed in the hands of an attorney for collection or if suit is brought on this a note after default in any payment, the undersigned promises and agrees to pay reasonable a attorneys' fees incurred thereby. If the undersigned defaults in the payment of this note, it shall bear interest at the rate of eighteen percent (18%) per annum from the date due until paid in full. U- This note shall be construed according to the laws of the state of Washington. as E CITY OF EDMONDS, a Washington municipal corporation 2 a By: _ Name: Title: 00358-0859/128230360.1 Packet Pg. 121 4.1 City Council Agenda Item Meeting Date: 04/12/2016 Cemetery Board Presentation (10 min.) Staff Lead/Author: Carrie Hite Department: Parks, Recreation & Cultural Services Initiated By: Background/History The Cemetery Board usually gives an annual update to City Council. Staff Recommendation Council be briefed on the Cemetery Board goals and work. Narrative Jerry Janacek, the chair of the Cemetery Board will be providing this update. Packet Pg. 122 4.2 City Council Agenda Item Meeting Date: 04/12/2016 Citizens' Tree Board Annual Report and 2016 Work Plan (15 min.) Staff Lead/Author: Sandy Chase Department: Tree Board Initiated By: Background/History N/A Staff Recommendation N/A Narrative Steve Hatzenbeler, Chair of the Citizens' Tree Board, will present the Annual Report of the Tree Board and the 2016 Work Plan. Please refer to the attached report. Attachments: 2015-16 Tree Board Annual Report Packet Pg. 123 Cl*ty of Edmonds Citizens' Tree Board 1 2015/16 Annual Report to City Council Al n Attachment: 2015-16 Tree Board Annual Report (1124 : Citizens' Tree Board Annual Report and 2016 Work Plan) INTRODUCTIONS Attachment: 2015-16 Tree Board Annual Report (1124 : Citizens' Tree Board Annual Report and 2016 Work Plan) A - A . .. . . .. - •� �.•• ~ TREE BOARD MISSION STATEMENT0 : The City of Edmonds Tree Board will engage, encourage, and eaucafi,r, both the City governmen and residents to Drotect our current canopy resource and [i plant new trees appropriately for the long term bene community. fit of our N Attachment: 2015-16 Tree Board Annual Report (1124 : Citizens' Tree Board Annual Report and 2016 Work Plan) REE BOARD GOALS',' CHECK -IN • Advise and assist city officials in development of a tree ordinance designed to preserve and protect existing trees, encourage additional trees, and appropriately safeguard trees construction areas in • Advocate for the enforcement of the tree and critical areas ordinance in order to protect trees in our wetlands, steep slopes, and watersheds • Increase community outreach and education regarding the value of trees, proper selection of trees, and correct methods for planting of and caring for trees • Encourage active stewardship of the urban forest through partnering with community organizations, to include arboriculture in multiple aspects of the city • Work to develop funding sources to expand tree related programs CD • Sponsor an annual Arbor Day event � N N fl1 00 Attachment: 2015-16 Tree Board Annual Report (1124 : Citizens' Tree Board Annual Report and 2016 Work Plan) CITIZENS' TREE BOARD 2015 YEAR IN REVIEW Tree City USA - 5thyear renewal recently received • Tree and Shrub Planting in Yost Park in October � •Tree Code Rewrite Draft Review and Public Process Lessons learned,,,, Attachment: 2015-16 Tree Board Annual Report (1124 : Citizens' Tree Board Annual Report and 2016 Work Plan) DISCUSSION0, • Thank you to the City Council and May( for this year's Tree Board budget • What's the value of Tree City USA? ■ Shows the City's commitment to environmental stewardship - marketing tool! ■ Helps track tree -related expenditures, which can be used to improve efficiency in City spending ■ Funding for WA State DNR Urban Forestry program comes from federal gov't, and is tied to the # of Tree Cities we have. More funding will lead to improvements in DNR's ability to spend more tirr communities educating citizens and staff rt (Q � � N W fl1 Attachment: 2015-16 Tree Board Annual Report (1124 : Citizens' Tree Board Annual Report and 2016 Work Plan) r DISCUSSION: • Consider re -assigning the Tree Board from City Council board to staff /executive. Development Services, or maybe Parks? • Recommend changing annual TB a presentation to March or April, rather than December (per ECC 10.95.030 6) • Staff /contractor support: prefer to have an internal staff person, not a contractor, because of the improved efficiency (e.g., no travel time; better access "inside") N Attachment: 2015-16 Tree Board Annual Report (1124 : Citizens' Tree Board Annual Report and 2016 Work Plan) )ISCUSSION, URBAN FOREST MGMT PLAN: • $130,000 is slated to be spent in 2016 and '17 on the UFMP • Strongly believe it needs to include policies regarding trees on private property, possibly including districting to establish different goals and standards for different areas in the city • We have heard that the preliminary discussions are to not include any private property tree policies in the UFMP • A major opportunity will be lost if private properties are left out, as they tree removal is taking place in right of way or parks) are where most the city (not public Attachment: 2015-16 Tree Board Annual Report (1124 : Citizens' Tree Board Annual Report and 2016 Work Plan) DISCUSSION: • May need more investment in tree relatE activities in order to maintain TC USA certification. Street/ROW tree planting program? • Observations - We occasionally hear from citizens complaining that Capital Projects and Public Works don't always follow some existing tree retention/ rep tacement / removal codes... and Dev Svcs sometimes doesn't enforce the existing codes. How can we improve internal compliance? rt (Q � � N W fl1 `' Attachment: 2015-16 Tree Board Annual Report (1124 : Citizens' Tree Board Annual Report and 2016 Work Plan) 2016 WORK PLAN/EVENTS • Cass Turnbull Presentation May 5 • Arbor Day Planting event October 15 • Edmonds Summer Market table summer 2016 • Assist Parks Dept with replacement of street trees on 5thAve • Starting work partnering w/ Edmonds School - District for on -campus planting • Urban community tree program planning w/ Washington Dept of Natural Resources rt (Q � � N W fl1 Attachment: 2015-16 Tree Board Annual Report (1124 : Citizens' Tree Board Annual Report and 2016 Work Plan) Jal Duestic so 4.3 City Council Agenda Item Meeting Date: 04/12/2016 Legislative Update (15 min.) Staff Lead/Author: Scott Passey Department: Community Services Initiated By: Background/History N/A Staff Recommendation N/A Narrative Jennifer Ziegler, the City's lobbyist, will provide a report on the outcomes of the 2016 State Legislative Session. Attachments: 2016 Legislative Wrap -Up (4) Packet Pg. 136 Attachment: 2016 Legislative Wrap -Up (4) (1142 : Legislative Update) General Background The Legislature convened on Januaryll,2oi6. The Senate Majority Caucus Coalition retained the majority in the aoi5 elections. Republicans, joined by Senator Tim Sheldon, have a z6-z3 majority in the Senate. The previous House Democratic majority decreased from 51-47 to 50-48. Although it was a 6o-day legislative session, one special session was required to reach final budget agreements. n X rt (Q � � W W fl1 00 Attachment: 2016 Legislative Wrap -Up (4) (1142 Legislative Update) ) Overall Challenges Although the Legislature started the Zoi6 session with increases in overall state revenue projections, those projections were offset by caseload increases and wildfire costs. The Governor's budget release prior to the start of the legislative session also highlighted the need to address teacher shortages and mental health issues. Passage of Initiative 1366 raised questions regarding whether the Legislature would send a constitutional amendment to the voters regarding the Legislature's taxing authority. Major policy issues for the Zo16 legislative session included charter schools, carbon pricing and a state minimum wage rate increase. w W iv Attachment: 2016 Legislative Wrap -Up (4) (1142 : Legislative Update) ) 2016 General Fund Results The Zoi6 supplemental general fund operating budget increases spending by a net of sigi million from the Zo15-1'7 enacted spending level of $38.2billion. The budget appropriates sigo million from the Budget Stabilization Account for wildfire costs in the Zo15-17 biennium. The budget is projected to leave $578 million in unrestricted reserves and $701 million in the Budget Stabilization Account at the end of the Zo15-17 biennium. Based on the four-year outlook, the proposed final supplemental budget proposal is projected to leave an unrestricted ending fund balance of sm billion in the Budget Stabilization Account at the end of the Zo17-19 biennium. n X CD (Q � � W Attachment: 2016 Legislative Wrap -Up (4) (1142 Legislative Update) ) Government Impacts = All of the major state -shared revenues (liquor excise tax, liquor profits distribution) are preserved. We were not successful in eliminating the cap on liquor profits, but the Legislature did not further erode that revenue. • Although previous versions of the budget cut funding for Basic Law Enforcement Academy training classes and increased the local government contribution for training, the agreed upon budget does not make those cuts. The budget does provide $677,000 for two additional training classes in FY Zoi6. The Legislature ultimately provided full funding for MRSC. * The agreed upon budget does sweep $154 million in loan repayments in the Public Works Trust Fund in the Z017-ig biennium. This is an addition to the $73 million swept in the current biennium. The budget provides $50,000 for the Office of Financial Management to convene a work group to develop a local government infrastructure investment strategy. The group must provide a report outlining the local government investment strategy to the Governor and rt the Legislature by October 31, 2oi6, along with draft legislation for the Zoi7 legislative session. 5 w =v Attachment: 2016 Legislative Wrap -Up (4) (1142 : Legislative Update) Additional Local Gove Impacts �M_ M�M_M WL r nTrv(e n t The agreed upon budget does not include a merger of the LEOFF i and TRS i retirement systems. The bud et does direct the Joint Select committee on Pension Po icy to study the implications of combining these two systems and report to the Legislature by januaryg,2017. The budget changes the existing approach to the Fire Insurance Premium Tax Distributions. The proposal limits the amount a city may receive to $2,000 per pre-LEOFF and LEOFF 1 retiree or the amount received in Zo16, whichever is less. Additionally, cities are only eligible to receive a distribution if they are levying the ZZ.5 cents property tax for the Firefighters' Pension Fund and can demonstrate the levy is not sufficient to meet the estimated demands on the fund or maintain the actuarial soundness of the fund. n X CD (Q � � W ' Attachment: 2016 Legislative Wrap -Up (4) (1142 Legislative Update) ) 2016 Capital Budget Results • The supplemental capital budget makes new appropriations Of $95.4 million. • The budget includes $7.9 million for Mental Health Facilities, $11.4 million for local community projects and $34.8 million for K-iZ School Construction Assistance grants. • The Edmonds Veterans Plaza received $77,000. • Significant decreases in the revenue from the Hazardous Substance Tax resulted in decreased funding for projects receiving funding from the Model Toxics Control Account (MTCA). • The Capital Budget does include a legislative commitment to restore MTCA funding in future biennia. 0 X CD (Q Attachment: 2016 Legislative Wrap -Up (4) (1142 Legislative Update) ) 7 W iD :ion The Legislature made minimal changes to the funding provided in the 2015 Connecting Washington Package. WSDOT must update the freight mobility plan to comply with the FAST Act. The freight plan update must involve freight stakeholders, including local governments. WSDOT must provide a prioritized list of projects for consideration for funding in the 17-ig biennium. The budget provides $500,000 of federal funding for the Commission to advance the road user charge work to a stage that would enable Washington to implement a pilot project. The Commission must report to the Governor's office and the Legislature by November 1, 2016. rt (Q � � W Attachment: 2016 Legislative Wrap -Up (4) (1142 Legislative Update) ) Legislative Progre-s-s—on Items Public Records Body Cameras Public Facilities District Extension Homelessness and Housing School Siting Electronic Signatures rt 1p Attachment: 2016 Legislative Wrap -Up (4) (1142 Legislative Update) ) G Next Steps Monitor interim studies on local government infrastructure, LEOFF/TRF merger and MTCA stability. Monitor and participate in interim legislative discussions on public records and the Growth Management Act. Continue to monitor WSDOT work on transportation projects and practical design efforts. Participate in discussions regarding the allocation of federal funding to local governments under the FAST Act. Meet with City staff to develop 2017 legislative priorities to bring to Council. rt (Q � � W Attachment: 2016 Legislative Wrap -Up (4) (1142 Legislative Update) ) 4.4 City Council Agenda Item Meeting Date: 04/12/2016 Presentation on Sustainable Cities Partnership (20 min.) Staff Lead/Author: Rob Chave Department: Planning Division Initiated By: Background/History N/A Staff Recommendation No formal action is required at this time, but a consensus from Council regarding interest in the program is desired so that staff can continue discussions with the University and move toward a formal application. Narrative This is a presentation from David Davidson, representing the Sustainable Cities Partnership, which is a new program in Washington State. The Sustainable Cities Partnership (SCP) is a yearlong partnership between Western Washington University's Office of Sustainability, AWC, and one partner city chosen through a competitive application process. The program engages Western's students and faculty on sustainability and livability projects chosen in collaboration with the partner city. The SCP faculty and students work through a variety of studio and service learning courses, thus providing students with experience tackling the city's real - world projects. Many courses/projects will involve fieldwork, so a partner city will typically be within a two-hour drive of Western (Edmonds is within this distance). Students bring energy, enthusiasm, and innovative approaches to difficult, persistent problems. SCP's primary value derives from collaborations resulting in on -the -ground impact and forward movement for a community ready to transition to a more sustainable and livable future. AWC will be an active partner in the launch of SCP, helping to solicit partner cities and to communicate the value of this effort to other elected and appointed municipal officials throughout the state. AWC will also help with the ongoing communication needs of the partner city and can help draw upon resources and skills of other entities in the region. Information on the program is attached in Exhibits 1, 2 and 3. City Staff has developed ideas on a range of projects that could match program interests at Western. This is not a final or approved list, but the ideas have enabled Western faculty to get a sense of projects that could be done in Edmonds that might meet SCP program goals. Packet Pg. 147 4.4 Mr. Davidson will be providing an overview of the SCP program to the Council. Because applications are due at the end of April, this presentation is also an opportunity for the Council to indicate whether it is interested in pursuing an application for the program. This would also necessitate a 2017 budget allocation (perhaps $80-$95,000 depending on how many projects were agreed upon). Attachments: Exhibit 1: Sustainable Cities Partnership (SCP) FAQ Exhibit 2: SCP Appendix of Examples Exhibit 3: SCP Informaiton & Application Materials Exhbit 4: Sustainable Cities Partnership range of Edmonds projects Exhibit 5: SCP Edmonds Council Packet Pg. 148 4.4.a WESTERN WASHINGTON UNIVERSITY What is SCP? Sustainable Cities Partnership Frequently Asked Questions The Sustainable Cities Partnership (SCP) is a one-year partnership between Western Washington University, the Association of Washington Cities, and a city in Washington State. The city provides a list of challenging sustainability projects/issues, which are tackled by creative, passionate students and faculty across multiple disciplines. While SCP is a new program at Western, it is based upon a successful model used for years at the University of Oregon. What happens during the year -long partnership? We expect that SCP will address 9-12 projects through 9-15 courses with 250+ students across several academic departments dedicating thousands of hours of student work. This work will focus on projects related to Urban Planning, Economics, Energy, Environmental Sciences, Environmental Studies, Design, Communications, Journalism, Management, Entrepreneurship, Computer Science, Marketing, Operations Management, Recreation, and Sociology, among others. Who can submit a proposal? SCP will be focused on cities within —2 hours driving time of Bellingham. Generally, one city is the lead applicant, enlisting co -applicants depending upon the nature of specific projects and upon the finances of the applicants. We highly encourage such partnerships as they help ensure that ideas generated from the university -community engagement get put into action. What types of projects can SCP address? Cities are encouraged to propose a wide range of projects and think of "sustainability" very broadly. Past projects at similar programs have included designs for open spaces, redevelopment planning and visioning, waste and stormwater management schemes, transportation connectivity analyses, civic engagement techniques, strategic communications strategies, bicycle transportation analysis and design, public art planning, transit -oriented development, industrial byproduct re -use, and master plan designs, among others. Projects can emanate from a wide variety of city departments, including planning and development, public works, economic development, parks and recreation, transportation, and public safety, among others. Examples of projects completed by Oregon's SCYP program can be seen at https://sci.uoregon.edu/sustainable-city-year-project-portfolio What are the community/agency benefits of SCP? New Ideas: Dozens of implementable ideas are generated over the course of the year by students who draw on a combination of their training, community expertise, and examples of excellence from around the globe. At the conclusion of each project, students can publicly present their recommendations to the city and community, and SCP compiles their ideas into a professional report that can be a resource for community decision making. Packet Pg. 149 4.4.a Expanded Conversations & Public Outreach: Students are able to put ideas into the public domain in politically neutral ways that help advance community conversations and spur the imagination of staff and the broader community. Because 250+ students are intimately involved in the community over an academic year, many private, neighborhood, and nonprofit stakeholders become engaged in projects alongside city and agency staff. Students are able to help `till the soil' and catalyze future sustainability- oriented projects, policies, and plans. How much does SCP cost? The cost of SCP will vary based on the number of city projects and the number of courses working on each project. At other similar programs, the average cost of a single academic -quarter course targeted at a single project has been about $7,000. With that as a guideline, expect to incur a total cost of $65,000 to $85,000 to support a yearlong program that includes 9-12 courses, 250+ students, and 16,000+ hours of effort. In programs elsewhere, cities have funded SCP through their general fund, urban renewal fund, utility funds, and state and federal grants, as well as with partnerships involving school districts, utility districts, and private businesses. How much staff time does SCP involve? The success of the SCP partnership relies in part on the engagement of the partner city. The city will need to provide a lead coordinator (typically 0.25 FTE for 15 months), as well as a city contact for each course, who typically would spend one day each two weeks (i.e., 0.1FTE) for the duration of the quarter -long course. SCP employs a dedicated project manager to coordinate among all the faculty and students and to act as a main point of contact for the city. What do people say about similar programs in other cities? "That project would not have happened without the students,' says Linda Norris, Salem's city manager.... `I was concerned about how we were going to achieve a number of goals we had set with the limited resources we had.' The students propelled them forward more than three years, she says, helping design new energy -efficient street lights, bicycle lanes, park signage and new uses for the wastewater treatment plant that saved the city $400,000. — Financial Times 09.12.2012 " `Students can stretch, be creative and generate ideas we might not think of to get the discussion going,' said Brian Martin, an associate planner for the City of Gresham. We want to take advantage of that brainpower.' " — Oregon Daily Emerald, 11.05.2009 SCYP is "perhaps the most comprehensive effort by a U.S. university to infuse sustainability into its curricula and community outreach." — New York Times 08.23.2010 How do we get started with our application? Let us know that you are interested! Contact the Sustainable Cities Partnership at 360-650-3824 or SCP@wwu.edu and we'll send application materials. Visit the website at www.wwu.edu/scp 2. Complete an application for the 2016-2017 SCP cycle. We'll work with you as you develop it. SCP staff can help describe the program to proposal teams, city decision makers, and co -applicants. We are available to help brainstorm interdisciplinary project ideas and answer questions about the program. SCP is about developing strong partnerships between universities and communities and the more we work together during the application process, the better the projects will be 3. Submit the completed application via email to SCP(a,wwu.edu by April 29, 2016. SCP will review applications and select the `16-` 17 partner by May 15, 2016. Packet Pg. 150 4.4.b WESTERN WASHINGTON UNIVERSITY Sustainable Cities Partnership Appendix: Examples of Projects Completed by Univ. of Oregon The projects completed by the University of Oregon over the preceding six years are available through their website. See the list of "Past Partner" cities at: hgps:Hsci.uoregon.edu/contept/past- aU rtners, select a city, then follow the link to "Final Project Reports." Oregon is a larger university than Western, offering graduate programs in fields such as architecture and engineering. Western is unable to support all of the types of courses shown on Oregon's website. Listed below are recent Oregon SCYP projects that match Western's capacity Projects in Medford, OR. Downtown Wayfinding The downtown area, or civic center, is filled with government and business offices, retail establishments, restaurant and entertainment venues, educational institutions, etc. Nevertheless, many people who come to Medford to shop and do business have no idea where the core downtown is and how to get there. The same can even be said of some local residents. Further, it is not clear when one "enters" and "leaves" the downtown area. Students will survey the area's current network of signage and propose wayfinding improvements and options, including the east and west sides of the City and extending north and south to the two freeway interchanges. Neighborhood Circulation Plans Neighborhood circulation plans that could be formally adopted or used as conceptual plans are helpful to developers as they prepare subdivision proposals. Students will develop a circulation plan for the Genessee and East Main Street neighborhood that will include opportunities for multi -modal forms of transportation, in addition to that of the automobile. Analysis of Activity Centers Students will use GIS to analyze several or all of the existing, identified activity centers in Medford to determine specific public and private actions needed to increase the level of multi -modal (pedestrian/bike/transit) activity. Students might suggest improved safety measures, appropriate services, and land use plans recommending a balance of employment, housing and other land uses. Emergency Preparedness Plan The City has expended time and resources in preparing the City organization to be ready for natural disasters. Citizen awareness and preparedness on a community -wide basis must be part of the overall plan. Students would assess what has been accomplished in this area thus far and determine what additional steps must be taken to develop partnerships and increase public awareness and involvement. An outreach plan would be developed with a specific, programmatic approach to involving the entire community in emergency preparedness. Packet Pg. 151 Open Space Program 4.4.b This project would identify, inventory and analyze lands in the City of Medford, Urban Growth Boundary and Urban Reserves that are potentially suitable for preservation as open space. It would research policies and regulations that aid cities in preserving and providing various types of open space. It would provide recommendations of open space policies and regulations suitable for Medford that are not already in place, and identify ways to implement policies for open space preservation and acquisition methods. Neighborhood Watch Program Approximately 90 neighborhoods in the City of Medford have active Neighborhood Watch programs. These programs are vital to the safety of individual neighborhoods, as well as being an excellent relationship builder for the Police and the community we serve. This process would involve identifying and mapping the locations of all active Neighborhood Watch programs and writing a plan for developing new programs in areas experiencing increased crime. It would also assist in developing this program in neighborhoods that do have one at this time. Connections to Bear Creek Greenway The Bear Creek Greenway is an 18-mile trail from Ashland to Central Point. As the trail passes through Medford, there may be opportunities to increase connectivity between the trail and Medford's parks, trails, and bicycle paths. Students will examine the possibilities of increasing connectivity to support recreation, transportation, and economic development. Outreach to Minority Communities Like many cities, Medford has a growing Hispanic population that may not be well integrated into the larger community. This project will engage attendees at the Greater Medford Multicultural Fair in an innovative activity led by James Rojas to identify ways to increase outreach and enhance and build community among all city residents. RVTD Public Relations Campaign The Rogue Valley Transit District is considering putting a serial levy before voters in November 2015. Students will develop a public relations campaign to help RVTD get their message out to voters to increase public knowledge and support prior to the vote. Journalism Fellows Engagement with the Sustainable City Year Program generates numerous possibilities for press coverage in the host city, but local newspapers don't always have the capacity to track a one-year project that includes numerous projects across a city that engages hundreds of students. Journalism Fellows will work with the Medford Mail Tribune to generate stories and video that document the wide range of activities that comprise the Sustainable City Year. West Main Transit Oriented Development Transit oriented developments attempt to incorporate a mix of uses that include a variety of transportation options. GIS students using agent -based modeling will examine a Medford neighborhood to look at a variety of development options over the next 20 years to see the impact of a variety of development options on traffic, travel times, and density. Packet Pg. 152 Projects in Springfield, OR. 4.4.b Laura Street Analysis The Laura Street neighborhood in Springfield is situated between a large transportation corridor, bustling big box commercial center, and a large industrial warehouse area. It is a neighborhood with very few traditional residential nuances and is often plagued by above average levels of criminal activity. This may be a multi -term or phased project with phase 1 resulting in students researching the area to identify the negative and positive characteristics and related trends and phase 2 determining design ideas and actions to positively respond to or change development habits. This information might be used in a multitude of ways, ranging from increased social outreach and program development to the implementation of specific design standards aimed at changing the identified negative trends. Promise Neighborhoods There is a national "Promise Neighborhoods" movement to develop a continuum of "cradle through college and career" solutions to improve the educational and developmental outcomes of all children in our most distressed communities. United Way of Lane County has identified two neighborhoods within the region as Promise Neighborhoods. One of these neighborhoods is the Springfield Brattain area. Students would work within the Brattain area to survey demographics and program gaps in partnership with United Way of Lane County and possibly the Neighborhood Economic Development Corporation (NEDCO). Metro Wastewater Management Commission (MWMC) Outreach The City of Springfield has been an active partner and managing entity for the MWMC for over 30 years. One of the MWMC's primary missions is to raise public awareness and understanding of not only the Commission but the regional wastewater system and its relation to Willamette River quality. The MWMC is currently working to identify sources of pollutants that have an impact on the water quality of plant effluent entering the system on the user end of the pipe, determining if there is an effective means to reduce or eliminate those sources, and educate the public on those measures. MWMC and the City of Springfield want to improve surface water quality by enhancing the City's Adopt a Waterway program. Students will work on public relations materials that explain how people/ neighborhoods/communities can adopt a local waterway (large or small) by cleaning it up, planting native plants and shade trees, and taking other steps to improve water quality. Messaging for this effort would need to consider how to address multiple audiences. This effort may also be linked to the Drug Take Back program that tries to keep discarded medicines out of the water treatment plant. It may also be linked to indoor water use conservation efforts, which will help keep river temperatures low enough for salmon. Sustainability Metrics City staff and UO students will partner with Good Company, a Eugene -based consulting firm, to compile a comprehensive greenhouse gas emissions inventory of the city's operations. This inventory will include direct ("Scope I") emissions from fuel consumed by city vehicles and generators, as well as indirect ("Scope 2" and "Scope 3") emissions created by electricity generation, business -related travel, solid waste, and the embodied energy of purchased products. Students may follow up on this inventory by creating action plans to help the city government reduce its greenhouse gas emissions. Packet Pg. 153 City-wide Wayfinding and Downtown Wayfinding 4.4.b The City of Springfield is steadily growing, and with this growth, services and amenities are often physically spread out. Based on recommendations from a 2011 Visitor Readiness Report, the city is in need a of city-wide wayfinding signage update to better direct visitors and residents to resources. The Downtown area also currently lacks innovative wayfinding directing visitors to the array of public amenities, from shopping and recreation to public services and open space. The purpose of this project is to provide recommendations about where Springfield should locate new signage to direct visitors and residents to key community attractions and the downtown. Students will also provide recommendations for a complete wayfinding system that might include brochures, kiosks, and smart phone applications Dorris Ranch Analysis The 258-acre Dorris Ranch farm, owned and operated by the Willamalane Park and Recreation District, offers its visitors a unique ability to learn about area history, see ongoing commercial agriculture of one of Oregon's major crops (hazelnuts), and enjoy open space recreation where rivers converge. Dorris Ranch was the first commercial hazelnut farm in the US in 1892; more than half of all commercial hazelnut trees in the US originated from Dorris Ranch stock. The ecological diversity and the cultural significance of this property are aptly summarized in Willamalane's marketing material: "The past meets the present in the special place that is Dorris Ranch." Willamalane would like to improve the awareness and usage of Dorris Ranch, both overall and for specific existing and new events. The project objective is to build an income stream that can help achieve goals established in the 2008 Master Plan and improve self-sufficiency of the facility while preserving the uniqueness of the site. Two student project teams will develop a marketing program that addresses the historic, cultural, and recreational aspects of Dorris Ranch and recommend a series of programs and events to build awareness and bring people to the park. Packet Pg. 154 4.4.c Sustainable Cities AWC Partnership WESTERNIALAII!1i,� WASHINGTON UNIVERSITY Application Instructions for 2016-17 Academic Year Summary The Sustainable Cities Partnership (SCP) at Western Washington University (Western) is now accepting applications from cities to be the partner for the academic year beginning September 2016, the inaugural year for SCP. The selected partner will benefit from thousands of hours of effort by Western students and faculty members, from a variety of disciplines, working to advance the city's sustainability projects. Additional benefits will be derived from the involvement of the Association of Washington Cities (AWC), Western's partner in the launch of the SCP program. While new at Western, our SCP program is based upon proven models at the University of Oregon, University of Michigan, and San Diego State, and is built on the academic strengths of Western, as well as the relationship with and involvement of AWC. The partner city must support the effort through staff time and the payment of a fee. The selection process is competitive, and the deadline for applications is April 29, 2016. Overview of Program SCP is a yearlong partnership between Western's Office of Sustainability, AWC, and one partner city in Washington. The program engages Western's students and faculty on sustainability and livability projects chosen in collaboration with the partner. The SCP faculty and students work through a variety of studio and service learning courses, thus providing students with experience tackling the city's real -world projects. Many courses/projects will involve fieldwork, so a partner city will typically be within a two-hour drive of Western. Students bring energy, enthusiasm, and innovative approaches to difficult, persistent problems. SCP's primary value derives from collaborations resulting in on -the -ground impact and forward movement for a community ready to transition to a more sustainable and livable future. AWC will be an active partner in the launch of SCP, helping to solicit partner cities and to communicate the value of this effort to other elected and appointed municipal officials throughout the state. AWC will also help with the ongoing communication needs of the partner city and can help draw upon resources and skills of other entities in the region. Potential SCP Projects The concept of sustainability applies not only to municipalities of all sizes, but also to a broad spectrum of disciplines. Urban planning is a discipline with a clear relationship to sustainability, and Western has years of experience collaborating with the City of Bellingham on urban projects. Our Urban Transitions Studio course has developed concepts for Bellingham since 2010 in the areas of planning and transportation. But many other disciplines taught at Western also relate to sustainability, as seen in the list below • Urban Planning Studios (4). Land use planning for neighborhood/district. Redevelopment planning. Transit -oriented planning. Open space planning. Transportation modal connectivity. Incorporation of principles of sustainability into land use plans. Incorporation of methods of disaster reduction into long range plans. • Spatial Analysis. Development of GIS datasets either from existing datasets or from GPS- based field data. Analysis of datasets (land cover, land use, critical areas buffers, etc.) Facility inventory (e.g., stormwater system) and mapping. • Environmental Policy. Investigation of issues related to environmental justice (e.g., noise or air pollution impacts correlated to social and economic class), food justice. Packet Pg. 155 4.4.c • CommunicationslJournalism. Development of materials for a public relations campaign (including survey research that underpins a campaign). Development of a video/film promoting a topic/program. • Computer science. Development of both user- and server -side portions of web -based database application that handles a specific need (e.g., compilation of public comments related to a proposal). Development of a mobile app (e.g., routes and times for a transit system). • Marketing. Use of analytics for program analysis or development (e.g., Is there a market for a swimming pool? Where should a new park be built?). Can include focus groups/surveys/ethnographic studies, in addition to analysis of existing data. • Sociology /Anthropology. Exploration of cultural issues via surveys, interviews, other methods. What are a community's attitudes regarding sustainability? Why does a given ethnic group not take advantage of a particular program? What are the needs of a subset of the city's population? • Community Health/Recreation. Analyze health of a population; gain an understanding of health dynamics. Promote health equity through advocacy. Analyze community assets/opportunities/barriers to improve recreation service provision to marginalized communities. • Environmental Science. Ecosystem restoration planning. Environmental impact assessment. • Design. Wayfinding signage. Interpretive signage. • Energy. Analysis of carbon footprint of an operation center or a geographic region. Analysis of building retrofit opportunities. Lifecycle net energy analysis. We've provided examples of projects possible within each discipline, but applicants should generalize from those examples, thinking first of the issues/problems facing the city, and then imagining how a given discipline/course could be brought to bear. Also, multiple disciplines/ courses can focus upon a single issue—e.g., a spatial analysis course can interact with a land use planning course; a sociology course that conducts a community survey can interact with a journalism course that designs a public relations campaign. In an appendix, please find a list of many projects completed by the University of Oregon's program of a type that could be undertaken by Western's SCP. The list shows the diverse ways in which a university can assist a city in the achievement of its goals, and it might help you develop project concepts that could be included in your application. Proposing Projects Partners are strongly encouraged to discuss their proposed projects with SCP during preparation of the application —this interaction helps produce a project list that best matches Western's capacity with the partner's goals. Successful development of a project list is a dialogue that includes: (1) the partner proposes a list of projects; (2) SCP and the partner discuss modifications to the proposed projects to match the projects' scope and scale with availability and interest of Western courses and faculty; and (3) SCP suggests additional projects, based on the university's capacity, that could meet the partner's sustainability and livability goals. We suspect that you are unfamiliar with the wide range of university faculty expertise available, so we encourage you to think creatively when developing project ideas. During development of your application, SCP staff can be reached by email at SCP(a,wwu.edu or at 360-650-3824 (Office Hours: 8:00—11:30, Mon — Fri) Packet Pg. 156 4.4.c An SCP partner should have the staff and funding capacity to support at least nine selected projects, but an application should include a list of 15 to 20 proposed projects, since not all projects will be suitable for matching with university courses. An individual project's timeline must not exceed nine months and should ideally be compatible with Western's three 11-week academic terms: fall (September- December), winter (January -March), and spring (April -June). NOTE: Partners may collaborate with neighboring entities (e.g. cities, counties, special purpose districts, NGOs, business or professional organizations, private funders, or research or educational institutions) to formulate projects and share costs. Upon selection of the partner, SCP and the city will develop a scope of work for each project, detailing the problem statement, potential directions for student exploration, expected outcomes, deliverables, activities, and the corresponding financial obligation. Benefits of SCP to the City Partner: SCP provides numerous benefits for the partner. The partner can expect: • Concept plans and designs that can energize staff and community members around projects tied to partner goals. Students can explore and innovate in directions that are sometimes unavailable to partner staff or consultants due to constrained project budgets or political conditions. • A high rate of return on investment, with thousands of hours of student work on projects. • Increased energy and enthusiasm among residents and partner staff, and greater support from residents for proposed solutions, through student outreach in your area. • Robust proposals that can spark community and staff discussions, increase the breadth of conversations around projects, as well as help to get "stuck" projects moving. • Increased publicity and an improved reputation as a forward- thinking, sustainable organization. SCP project results can help you clarify, understand, and apply sustainability and livability principles. • An interdisciplinary group of faculty experts with first-hand knowledge of innovative research and practices. • Interested students, with on -the -ground knowledge of your area, who may serve as candidates for future internships and staff positions. • Students often turn out to be informal ambassadors for the partner, describing their successful collaborations with the partner in presentations, community meetings, future academic courses, and job interviews. • A student journalist who will generate press releases, project reports, human -interest stories, and related content on a bi-weekly basis for your local media and our news outlets. The regular, positive press coverage will help to frame your organization to your constituents as progressive and forward thinking. Expected Cost to a Partner City: Fee, Staff Involvement The fee for participation in SCP is designed to recover direct program costs —no indirect charges or overhead are included. The cost therefore varies based on the number of projects, number of academic courses, and level of student activity in each course. At other universities, the average cost of a single course working on a single project has been about $7,000. With that as a guideline, the partner should expect to pay roughly $65,000 to support a yearlong program including 9 projects, $85,000 to support a program of 12 projects, etc. We recognize that budgets are tight; at programs elsewhere in the U.S., cities have collaborated with other groups, including special purpose districts, private developers, business partners, and chambers of commerce, in order to defray costs. Packet Pg. 157 4.4.c Services covered by the fee include coordination support from SCP staff; student and faculty site visits to the city; compilation, printing, and distribution of high -quality final reports; publicity and hosting of events; student -created materials for display; coordination of contact with media (utilizing Western's Office of Communications); and electronic versions of reports produced by students (which will also be permanently availed via Western's Libraries). A key element of a successful SCP program is partner involvement—SCP projects will be successful only with city staff participation. Such participation falls into three categories: • The partner must have a program champion, preferably a person with sufficient seniority to direct and motivate city staff to actively engage in the partnership. For each chosen project, the partner must identify a specific person to serve as the Point of Contact (POC) for SCP faculty and students. Research from other universities' programs shows that during each academic quarter in which a project is ongoing, the POC spends about one full day every two weeks (about 0.1 FTE) preparing background materials, accompanying students on site visits, and participating in reviews and presentations of student work. Also, before the start of the academic year, the POC needs to compile and provide relevant documents, including but not limited to, prior concept plans, vision documents, architectural renderings, computer -aided drawings, GIS maps and layers, community datasets, and aerial photographs. The partner must also identify a staff person who will be its program coordinator, serving as main liaison between the city and SCP. The coordinator should be involved enough in each project to know the staff and faculty involved and to understand the project's scope and current status. The coordinator's time commitment will vary based upon the number of projects --data collected from Oregon's program in 2010-2011 showed that Salem's coordinator averaged 15-20 hours per week for about 15 months to coordinate 28 courses working on 16 projects. A smaller number of courses and projects would entail a smaller burden on a coordinator. Application Components Your SCP application should be emailed to SCP ,wwu.edu and should include the following: Organization Information. Provide the city's name and the name and contact information (e-mail, phone, mailing address, department, and staff role) of the primary contact person for your application. Please include a list of co -applicant organizations (if any) and briefly describe their roles in the partnership. Project Summary List. Provide a list of your proposed projects. This summary should briefly describe each project in a paragraph, including the project's sustainability impacts and the designated staff POC for the project. Example project summary: Plan and design environmentally friendly re -use and redevelopment of a public housing site in a way that integrates an adjacent affordable housing complex, a sustainable stormwater management system, infill development, and the community at large. Sustainability impact: economic development, active transportation, and water quality. Staff contact: Jane Doe, Economic Development Department. Letters of Support. Include letters of support from the city mayor / manager, the city council, the council and mayor / manager of co -applicant organizations (if any), and other funding partners, where applicable. If you have a sustainability action plan, strategic plan, or other adopted document showing the partner's commitment to sustainability, you should include or reference this document in your application. 4 Packet Pg. 158 4.4.c Appendix with Project Details. Provide details for each project in an appendix. We suggest including a map showing the project site (if applicable), a narrative description of the project's goals, sustainability issues addressed by the project, specific problems that students may be able to address, and suggested deliverables from the SCP courses. Also include information about the staff involved in the project, potential funding sources, and the role of partner organizations (if any). Application Evaluation Criteria SCP will evaluate applications based on the following criteria: • Top -Level Support: City Mayor / Manager and elected officials indicate willingness to direct staff to provide resources, devote time, and participate in SCP projects. • Sustainability: Projects include specific sustainability goals, such as (but not limited to) reducing greenhouse gas emissions, fostering active transportation, improving social equity, increasing housing density/mix, improving urban form, reducing energy use, or redeveloping existing structures or sites. • Financial Support: The partner's cost for SCP will range from $65,000 to $85,000 to support 9 to 12 projects. While we do not ask for a formal commitment of funds at this time, it would be helpful to include a statement in your application indicating expected sources of funding. • Real Impact: Projects directly relate to your goals and will have a measurable positive impact on the community. Describe how you will measure the success of SCP projects and monitor progress after the year is over. • Academic Calendar and Logistics: Projects are compatible with the Western academic calendar of three 11-week terms. Some projects may be complex enough to involve multiple courses over two or three terms. For partners more than two hours' travel time from Bellingham, describe any special arrangements to address issues of collaboration and coordination. • Faculty Match: Projects must be within the capability of SCP faculty and students. SCP will identify faculty who are able and willing to carry out projects based on curricular and research needs and interests. Coordinating with SCP as you develop your project list will help ensure a strong faculty match. • External Organization Support: Projects that involve other organizations, such as transportation districts, school districts, nonprofit organizations, business or professional organizations, or research or educational institutions, should indicate how these partnerships would function. Contact Information for Springfield, Salem, and Medford The coordinators for Oregon's SCYP partnerships with Springfield, Salem and Medford have generously offered to answer questions about their experience with SCYP, which is the model for Western's new SCP program. City of Springfield: Courtney Griesel, Senior Management Analyst. 541-736-7132, c rig iesel(a�springfield-or.gov • City of Salem: Courtney Knox Busch, Strategic Initiatives Manager. 503-540-2426, cknox(acityofsalem.net • City of Medford: Jim Huber, Planning Director. 541-774-2381, jim.huber(acityofinedford.org Packet Pg. 159 4.4.c Timeline: Application Process February 16, 2016: Application packet available. SCP opens the application process that will lead to selection of a partner for the 2016 — 2017 academic year. Read the packet and develop initial questions/thoughts to bring to an information session. March 2 and 3, 2016: SCP hosts information sessions to provide a general description of the program, field initial questions, and begin discussions of possible city projects. North session is on the Western campus in Bellingham at 10:00 a.m. on March 2. South session is in Everett at 1:30 p.m. on March 3. See our website for details of location/parking. March 1 to April 29, 2016: SCP staff available by phone, by email, and in person to discuss potential projects with applicants. SCP office hours are 8:00 to 11:30, Monday through Friday. Applicants are strongly encouraged to interact with SCP during the development of an application. SCP staff are also available for presentations to stakeholders at the city (e.g., city council, potential co -applicant entities). April 29, 2016: Applications due to SCP. An electronic version should be emailed to SCP(-,wwu.edu Timeline: SCP'16-'17 Program May 16, 2016: Partner chosen. SCP and the partner will coordinate media to announce the selection. May -June 2016: SCP and the partner match proposed projects with academic courses and faculty. SCP and partner develop and sign master contract. Summer 2016: SCP and partner develop scope of work documents (which become appendices to the master contract) for each project and course. SCP staff and faculty meet with partner staff and local professionals. City staff provide background information and documents for projects. Fall 2016: SCP kick-off event. Fall term classes work on SCP projects. Winter 2017: Winter term classes work on SCP projects. Fall term written reports delivered to the partner. Spring 2017: Spring term classes work on SCP projects. Winter term written reports delivered to the partner. May 2017: SCP 2016-17 wrap-up celebration, hand-off to the 2017-18 partner. Summer 2017: Spring term written reports delivered to the partner Additional Information For additional information about SCP and this application process, please refer to SCP's web site, www.wwu.edu/scp 6 Packet Pg. 160 4.4.d Sustainable Cities Partnership Range of possible projects in Edmonds Organized by faculty/course program area EIA: Phase 1 environmental assessment for restoration of Stella's Landing area Project relates to private property adjacent to the Marsh, east of SR 104, which may soon be donated to the City. Need to identify restoration options and complete a Phase 1 environmental assessment. Public participation & ongoing community stewardship would be key aspects. Environmental restoration: • Marsh environmental enhancement The estuarine marsh ("Edmonds Marsh"), which is greatly loved but impacted by past & present urban uses, including adjacent development and stormwater runoff, could benefit from creation of "buffer" areas that feature new low impact stormwater management (raingardens or other techniques) while still allowing adjacent development. What conceptual designs should be considered? How would we know the approach would work? This project needs to be coordinated with environmental and business interests. Disaster reduction planning: Sea level rise mitigation/action plan Study the potential impacts of sea level rise in Edmonds. Could include scenarios and risk analysis, impacts on private property & development, public works & transportation facilities, parks, public safety, other infrastructure. Could provide valuable input to other planning activities. Related City Departments: Development Services; Parks & Rec; Public Works; Police & Fire; Finance/IS Waterfront master plan Web applications: • Art/History/Environment mobile application Creating an application to guide public in finding: public art installations, community history sites, and interpretive information for environmentally sensitive sites and certain City facilities (such as the wastewater treatment facility) Downtown business and way -finding application (Expandable to other parts of the city?) Mobile ap (possibly with companion website) identifying & promoting Edmonds businesses. Could identify, search for, help locate different businesses in the district. Should also have a 'browse' or 'discover' component. This could take the place of or be a supplement to signage or other ways of helping people find and explore downtown businesses. Should be able to be managed by the BID. Could also include arts & cultural locations. 1 I Page Packet Pg. 161 4.4.d • Tourism website or mobile application for all visitor information (restaurants, activities, etc.) Computer science: • Paperless "help desk" system • Paperless court records system: The court would like to go digital, which some courts are calling paperless. Each court case would have a digital file that contains all documents (Charges, pleadings, filings and orders). These files can be accessed by a clickable link allowing attorneys, judges, law enforcement, court staff and the public to access court records online from their own personal devices. The user will be able to file documents online, see upcoming court dates, fines, sentencing conditions and public records request. The system will need to interact with the Washington State judicial information system (JIS). In addition, the court will need to develop an efficient and cost effective way to scan in the current estimated 10,000 open criminal and infraction files. Environmental education: • Green Resource Room displays Ideas for and perhaps preparation of displays that could be used at the City Hall permitting center to demonstrate energy conservation, use of solar panels, use of other green building techniques, "low impact" stormwater management techniques, and showcasing of any other eco-friendly development ideas (whether through 3-D displays, videos, or other materials) • Public education training video about City's wastewater treatment plant to show how the plant works • New brochure for wastewater treatment process about what's been done to improve plant & what might be next for energy efficiency • Wastewater treatment plant public area: What can be done for art work and tile replacement, in coordination with a community effort that would include interpretative information? PR campaign: • 4th Avenue Arts/Culture Corridor Plan City wants to promote an arts/culture corridor, just off the main downtown streets, linking to the performing arts center • Pedestrian safety campaign We have experienced several pedestrian injuries and fatalities in recent years. How we avoid or reduce this in the future, perhaps through better awareness by both pedestrians and drivers? • Promotion of rain barrel use • Solarization campaign • Public education training video about City's wastewater treatment plant to show how the plant works 2 1 P a g e Packet Pg. 162 4.4.d Energy studies: • Greenhouse Gas Inventory/Monitoring. Develop an updatable greenhouse gas inventory template for city operations. We've done one in the past, but used ICLEI model & input system which was very difficult to use. Would involve researching & developing a simple computer -based model, either internet-based or Excel or whatever. Inputs would be identified & factored. Related City Departments: Development Services; Public Works. Outside utilities. Sidewalk map update • Solarization campaign GIS: • Enhanced GIS integration online Sustainability planning studio: • Zero waste program Focus on materials management, esp. construction materials waste • Food waste policies, programs • Identify opportunities for "Smart City" approaches (e.g. sensors in garbage cans, auto locks for off -site locations) Development regulations: Transit -oriented development (TOD), either: (a) governmental policies to encourage TOD and/or (b) site -specific opportunities & illustrations for TOD development in Edmonds Note: If site -specific, areas of interest include the two BRT stations that are on Hwy 99 Downtown business and way -finding application (Expandable to other parts of the city?) Mobile ap (possibly with companion website) identifying & promoting Edmonds businesses. Could identify, search for, help locate different businesses in the district. Should also have a 'browse' or 'discover' component This could take the place of or be a supplement to signage or other ways of helping people find and explore downtown businesses. Should be able to be managed by the BID. Could also include arts & cultural locations. Marketing analytics: • Green Business Program. City has established a 'pledge' and has initial businesses who have signed on, but limited staff time means little 'meat' to the program. The program needs to be fleshed out and marketed. What are the benefits to businesses? Information sharing? "Buy Local" program? Branding? What else? Related City Departments: Economic Development; Development Services. • Sustainability Metrics Management System. The 2015 Comprehensive Plan calls for and started to indicate various 'metrics' for 3 1 P a g e Packet Pg. 163 4.4.d measuring achievement city goals. These could be expanded and elaborated on, but need to be done thoughtfully and in a way that is easy to measure and update/track. Could be keyed to City sustainability. Related City Departments: Development Services; all other City departments to varying degrees. Outside utilities Design: • Logo for recycling, combustibles containers, etc. • Wastewater treatment plant public area: What can be done for art work and tile replacement, in coordination with a community effort that would include interpretative information? Recreation planning: Park resource management plan(s), using city template City has developed resource management plans for 6 of 22 parks. It needs plans for the remainder. • Rec students to help create "playful city" approach to show parks, bike routes, pedestrian trails, etc. 4 1 P a g e Packet Pg. 164 4.4.e Sustainable Cities Partnership Program Overview WESTERN v1ASHINGTON UMVERSITY April 12, 2016 David Davidson '' 01 1fETERN esustainaDility a Packet Pg. 165 4.4.e The Premise... Cities are at the crux of the effort to transition to a more sustainable future City issues < WWU course Students & faculty want to (and can!) make a difference -.O�� ---*v WESTERNSustainable Cities Partnership WASHINGTON UNIVERSITY M U M c 0 0 w IL to v U c 0 0 E W iL x W a Packet Pg. 166 4.4.e A Year of Partnership Match city's needs to service -learning courses Engage faculty/students on city's issues — On site, infield, and in classroom/studio/lab —Thousands of person -hours — Cutting edge, "outside the box" Produce deliverables (reports, videos, software, GIS datasets) Advance city's sustainability goals WESTERN Sustainable Cities Partnership Packet Pg. 167 WASHINGTON UNIVERSITY 4.4.e What SCP Can Do... Urban planning / Environmental science Spatial Analysis — GIS/GPS Marketing / Financial analysis Communications / Journalism / Design Computer Science Sociology / Anthropology Community Health / Recreation WESTERN WASHINGTON UNIUEASITI' Sustainable Cities Partnership Packet Pg. 168 4.4.e Cost to Partner City Fee —Solely direct cost — no overhead/indirect • Transportation, supplies, SCP coordinator — Avg. $7K per course, at other programs Staff time — Champion — Overall coordinator — Per -project liaison WESTERN WASHINGTON UNIUEASITI' Sustainable Cities Partnership Packet Pg. 169 4.4.e Partnership Schedule March & April, discussions & match -making April 29 application due date May 16 partner announcement By end of July, master contract & SOW appendices By mid -September, liaison & data provision Sep 4 June work! May 2017 event in town WESTERN WASHINGTON UNIUEASITI' U c 0 _ 0 U) IL ILO _ 0 U c 0 W IL x W E a Sustainable Cities Partnership PacketPg.170 6.1 City Council Agenda Item Meeting Date: 04/12/2016 Contract with Progressive Animal Welfare Society (PAWS) for Kenneling Service (10 min.) Staff Lead/Author: James Lawless Department: Police Services Initiated By: Background/History For over 15 years, the City contracted with Adix's Bed and Bath for Dogs and Cats, Inc. for animal kenneling services. In early 2015, Adix was purchased and began operating as Ginger's Pet Paradise, LLC, maintaining the terms of the previous contract between Adix and the City. On December 18, 2015, the contract for services with Ginger's Pet Paradise was terminated by the City. The City entered into an emergency services agreement with Progressive Animal Welfare Society (PAWS) for kenneling services. The City has been quite pleased with the quality and level of services provided by PAWS and wishes to enter into a regular contract for services for animal kenneling. Staff Recommendation Staff recommends and requests that the contract be forwarded to the April 19, 2016 Council Business meeting consent agenda for approval. Narrative The Police Department's Animal Control Officers provide response for a myriad of animal related calls consisting of sick and injured animals, dogs running at large, dog bites, animal nuisances, etc. As a result, there are occasions where animals need to be taken into custody and kenneled for various periods of time. This is a function that the City has contracted out to vendors specializing in this service as it is very labor and resource intensive. For over 15 years, the City contracted with Adix's Bed and Bath for Dogs and Cats, Inc. for animal kenneling services. In early 2015, Adix was purchased and began operating as Ginger's Pet Paradise, LLC, maintaining the terms of the previous contract between Adix and the City. On December 18, 2015, the contract for services with Ginger's Pet Paradise was terminated by the City, and the City entered into an emergency services agreement with Progressive Animal Welfare Society (PAWS) for kenneling services. The City sought out and explored other possible options (very limited) for these services. In considering costs, most efficient utilization of staff time, and convenience to the Citizens of Edmonds, PAWS remained the vendor of choice for these services. The City has been quite pleased with the quality and level of services provided by PAWS and wishes to enter into a regular contract for services for animal kenneling. It is anticipated that this transition will ultimately lead to a cost savings given billing model is per animal as opposed to a flat monthly/yearly rate. The attached Contract has been prepared and approved as to form by the City Attorney's Office. Packet Pg. 171 6.1 Attachments: FINAL PAWS Animal Kenneling Services Agreement (2) 3 23 16 Packet Pg. 172 6.1.a OV EUArci City of Edmonds Dave Earling Mayor 121 FIFTH AVENUE N. • EDMONDS, WA 98020 •425-771-0251 COMMUNITY SERVICES DEPARTMENT ANC. 1 Sy0 ANIMAL KENNELING SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereafter referred to as the "City", and Progressive Animal Welfare Society, hereafter referred to as "PAWS". WHEREAS, the City has determined by ordinances to regulate animals within the city limits, including licensing and preventing the running at large of animals and preventing animals from becoming nuisances; and WHEREAS, PAWS is a nonprofit organization duly organized under the laws of the State of Washington; and WHEREAS, the City has no animal kenneling services of its own; and WHEREAS, the City and PAWS desire to enter into a contract defining the rights and responsibilities of PAWS and the City with respect to animal kenneling; NOW, THEREFORE, In consideration of the mutual covenants herein contained, PAWS and the City hereby mutually agree as follows: 1. Scope of work. The Scope of Work shall include all services and material necessary to accomplish the above -mentioned objectives in accordance with the specifics noted below. A. General Description. The Specific Scope of Work can be found in Exhibit A, incorporated by this reference as fully as if herein set forth. B. Term. This Agreement shall be effective from January 1, 2016 through December 31, 2018. In the event that the period covered by this Agreement shall expire without the benefit of a new agreement, the rate scheduled then in effect as of the date of contract expiry shall continue until such time as PAWS and the City agree to an amended rate schedule, provided that either party may, upon sixty (60) days' advance written notice, issue notice of termination, which shall not require cause, and after expiry of notice, the Agreement shall be of no further force or effect. Either party may terminate this Agreement immediately for cause upon the deposit of written notification in the U.S. Mail, postage prepaid, addressed to the regular mailing address of each party. 1 Packet Pg. 173 6.1.a Services Agreement, Page 2 2. Payments. PAWS shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Amount. Payment for work accomplished under the terms of this Agreement shall be as set forth in Exhibit A. B. Process. All vouchers shall be submitted by PAWS to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to PAWS. PAWS may submit vouchers to the City as set forth in Exhibit A for services performed and accepted by the City. Billing shall be reviewed in conjunction with the City's warrant process. No voucher / billing shall be considered for payment that is not sufficiently detailed to verify validity thereof, and that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. Record Retention. The costs, records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. Any and all data gathered and documents and other work product prepared by PAWS in providing the services rendered by PAWS under this Agreement shall be and are the property of PAWS and shall not be considered public records, provided, however, that: A. Final Document. All final reports, presentations and testimony prepared by PAWS shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. Copies. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of PAWS, copy any work product. C. Default. In the event that PAWS shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of PAWS, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Hold harmless agreement. PAWS shall defend, indemnify, and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees resulting from the negligent, gross Packet Pg. 174 Services Agreement, Page 3 6.1.a negligent and/or intentional acts, errors or omissions of PAWS, its agents or employees arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence or intentional acts of the City. It is further specifically and expressly understood that the indemnification provided herein constitutes PAWS's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The City shall defend, indemnify, and hold PAWS, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees resulting from the negligent, gross negligent and/or intentional acts, errors or omissions of the City, its agents or employees arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence or intentional acts of PAWS. The provisions of this section shall prevail over any other conflicting provision in this Agreement, and shall apply to damages or claims resulting from the concurrent negligence of the parties to the extent of each party's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the City's waiver of immunity under Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. 5. General and professional liability insurance. PAWS shall secure and maintain in full force and effect during performance of all work pursuant to this Agreement a policy of business general liability insurance providing coverage of at least $1,000,000 per occurrence and aggregate for personal injury; and $1,000,000 per occurrence and aggregate for property damage. Insurance policies shall name the City as a named insured, and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. The coverage limits provided herein are neither intended nor shall they cap PAWS's liability resulting from breach of contract, warranty, negligence or any other act of tort. 6. Discrimination prohibited. PAWS shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 7. PAWS is an independent contractor. The parties intend that an independent Contractor relationship will be created by this Agreement. No agent, employee or representative of 3 Packet Pg. 175 Services Agreement, Page 4 6.1.a PAWS shall be deemed to be an agent, employee or representative of the City for any purpose. PAWS shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 8. City approval of work. Notwithstanding PAWS's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. 9. Termination for lack of appropriation. Notwithstanding any other provision in this Agreement, this Agreement shall terminate if the Legislative body at its discretion does not appropriate the funds necessary for the City to perform its obligations under or provide the services for which it has entered into this Agreement. 10. Changes/Additional work. The City may engage PAWS to perform services in addition to those listed in this Agreement, and PAWS will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in a written amendment signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate PAWS to render services, or the City to pay for services rendered, in excess of the payments discussed in Section 2.A, except as the parties may agree with respect to additional work under this paragraph or unless or until an amendment to this Agreement is approved in writing by both parties. 11. Standard of care. PAWS represents that it has the necessary knowledge, skill and experience to perform services required by this Agreement. PAWS and any persons employed by PAWS shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 12. Supervision of employees. PAWS is responsible for the direct supervision of its employees, and a supervisor shall be available during PAWS business hours to confer with the City in regards to services. PAWS commits that its services will be performed by careful and efficient employees trained in the best practice and highest standards imposed by PAWS. 13. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Non -assignable. The services to be provided by PAWS shall not be assigned or subcontracted, except in the course of operation of its foster care program, without the express written consent of the City. El Packet Pg. 176 Services Agreement, Page 5 6.1.a 15. Covenant against contingent fees. PAWS warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for PAWS, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for PAWS, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. Compliance with laws. PAWS in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. PAWS specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. The City shall provide PAWS with current copies of all applicable policies, procedures, and City ordinances upon execution of this Agreement and shall provide PAWS with reasonable notice of the adoption of any amendments to such policies, procedures or ordinances affecting PAWS' performance under this Agreement. 17. Notices. Notices shall be sent to the following address, with receipt of any notice being deemed effective three days after deposit of written notice. City of Edmonds PAWS c/o Scott Passey Director of Companion Animal Services City of Edmonds Progressive Animal Welfare Society Fifth Avenue North PO Box 1037 Edmonds, WA 98020 Lynnwood, WA 98046 425-775-2525 425-787-2500 ext. 806 18. Severability. This Agreement shall be read and interpreted as a whole, except that the headings for each numbered paragraph are for descriptive purposes and shall not prevail over the provision which they head. Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the City and PAWS, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision; provided, however, in the event that paragraph 7 (PAWS is an independent contractor) is held to be void, this Agreement shall be at an immediate end, subject to payment of any outstanding vouchers pursuant to paragraph 2. 19. Integration. The Agreement between the parties shall consist of this document and Exhibit A, attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties as provided in 5 Packet Pg. 177 Services Agreement, Page 6 6.1.a paragraph 10 (Changes/Additional work). In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 20. Venue and _jurisdiction. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Any dispute arising out of any alleged breach of this Agreement shall first be submitted to non -binding mediation for resolution. If the dispute is not resolved in mediation, the dispute shall be subject to mandatory and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Venue of any such proceeding shall be in Snohomish County, Washington. With regard to any such mediation or arbitration, each party will be responsible for its own attorney fees and costs, and will split evenly the costs associated with the mediator's or arbitrator's services. 21. Force Maieure. The parties shall not be liable for failure to perform or delay in performance due to fire, flood, strike or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, car shortage, wrecks or delays in transportation, or due to any other cause beyond the parties' reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended by a period of time reasonably necessary to overcome the effect of such delay. DATED THIS DAY OF , 2016. ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney CITY OF EDMONDS Mayor David O. Earling PROGRESSIVE ANIMAL WELFARE SOCIETY 6 Packet Pg. 178 Services Agreement, Page 7 6.1.a Its: STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 2016, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written NOTARY PUBLIC My commission expires: 7 Packet Pg. 179 Services Agreement, Page 8 6.1.a Exhihit A Undertakings of PAWS. 1.1 PAWS will furnish animal kenneling services to the City. Such services shall be provided following the best practices for animal shelters as established by the "Association of Shelter Veterinarians Guidelines for Standards of Care in Animal Shelters." To prevent the spread of disease, PAWS will follow medical protocols for vaccines and parasite prevention as established by the PAWS veterinary team. If an impounded animal from the City requires additional medical care during the applicable holding period, as set forth in paragraph 1.6, below, PAWS will notify the City as soon as practicable that such medical care services will be provided. PAWS will seek reimbursement for such services from the animal's owner and not from the City; unless the City has instructed PAWS to provide the additional specific care for the animal(s). Animal kenneling services provided pursuant to this Agreement shall include kenneling and holding animals at the facility operated by PAWS, releasing animals to owners, taking photographs of animals to post online as appropriate, and disposing of animals in a responsible and lawful manner, including adoption or transferring to another agency animals not claimed by owners after the period prescribed by ordinance and this Agreement. PAWS will provide spaying and neutering and microchipping services in conjunction with its adoption services, and not as part of its kenneling services. Spaying/neutering and microchipping will also be offered to guardians reclaiming their stray cat or dog. Guardians reclaiming their animal will pay for spaying and neutering services; and all adopted animals will be microchipped, spayed or neutered, provided it is deemed medically safe by the PAWS veterinarian, per PAWS' policy. PAWS will be open during its ordinary, established business hours for stray and lost - and -found services. 1.2 In addition to animals brought in by the City's Animal Control, other City officials, or citizens, PAWS agrees to accept animals seized or found within the city limits of Edmonds that are brought to PAWS by Lynnwood or Mountlake Terrace Animal Control officers under mutual aid when Edmonds has no Animal Control on duty. Mutual Aid for the purposes of this Agreement means only those animals that have been picked up within the city limits of Edmonds by Lynnwood or Mountlake Terrace Animal Control officers. 1.3 PAWS shall provide veterinary care at the discretion of PAWS' Director of Companion Animal Services or, in her or her absence, his or her designated representative (collectively "Shelter Manager"). If agreed upon by the Shelter Manager and a licensed veterinarian, ill or injured stray animals, whether licensed or not, whose owners cannot be notified, because the animal has no identification that is traceable or the owner cannot be reached by a single phone call, may be euthanized if the animal is in pain that cannot be relieved by such care as the shelter staff can reasonably provide. PAWS shall have a policy and procedure to follow to euthanize the animal and to reach the owner. When reasonably possible, PAWS shall recover costs from the owner of the animal for such veterinary treatment prior to release of the animal or euthanasia procedure. Unclaimed and unadoptable animals will be humanely euthanized and disposed of off -site. Disposal within the terms of this Agreement also includes disposal of dead animals that are picked up by the City as part of its animal control services or animals that die in PAWS' care. N. Packet Pg. 180 Services Agreement, Page 9 6.1.a 1.4 PAWS agrees to abide by and strictly follow any and all procedures of Chapter 5.05 of Edmonds Municipal Code, as now and hereafter amended, regulating animals, particularly as they relate to the length of impoundment before disposing of any animals. PAWS and the City agree that Chapter 5.05, as now or hereafter amended, shall be incorporated by reference herein and shall be part of this Agreement as if set forth in full herein. 1.5 PAWS agrees not to release any kenneled animal to any person until PAWS is reasonably satisfied that the person has paid all applicable license, kenneling, and other fees to the appropriate agency, including the City. The City shall be responsible for the preparation of all reporting, fee collection and any accounting relating to such reporting and collecting. 1.6 Except as provided in paragraphs 1.3 and 1.4 above, PAWS agrees not to dispose of any animal before seventy-two hours upon receipt of receiving said animal from the City, excluding previously designated holidays being observed by PAWS, nor shall PAWS release any animal which has not been either spayed or neutered by a veterinarian in accordance with procedures established by the City or has been designated by an agent of the City or such veterinarian as an inappropriate candidate for surgery, as such term is defined in Chapter 5.05. Licensed, tagged, or identifiable animals will be held for ten (10) days by PAWS. Animals held under RCW 16.52.085 will be held for fifteen (15) business days. 1.7 If not claimed by an owner during the applicable holding period, an animal shall immediately become the property of PAWS. Disposition of the animal is then at PAWS's discretion; provided, however, that: PAWS shall not dispose of the animal while any legal proceedings of which it has notice and relating to the disposition of that animal are pending or in contravention of any court order of which it has notice. 1.8 PAWS and the City agree to work collaboratively on promoting adoptions of those animals brought to PAWS by the City. Adoptions shall be made in as timely a manner as possible and an animal's time in shelter shall be kept to a minimum. 2. Undertakings of the City. In consideration of the services performed, the City shall pay to PAWS the sum of $175 per animal, which shall include costs of medical care and spay/neuter services as set forth in paragraph 1.1 above. This amount shall be adjusted in 2017 and 2018 by an amount equivalent to the June Seattle -Tacoma -Bremerton CPI-U for the preceding year not to exceed 4% (the sum shall be rounded up to the nearest dollar); PROVIDED, HOWEVER, that the renewal of the Agreement is subject to an appropriation of funds by the Edmonds City Council for future annual terms. If the City Council fails to appropriate funds for kenneling services, this Agreement shall expire at the end of the last term for which an appropriation has been made. X Packet Pg. 181 6.2 City Council Agenda Item Meeting Date: 04/12/2016 Indemnification and Hold Harmless Agreement - Animal Control Officer (5 min.) Staff Lead/Author: James Lawless Department: Police Services Initiated By: Background/History Edmonds Police Department Animal Control Officers must, on occasion, euthanize sick or injured animals. Schedule II controlled substances and legend drugs are utilized for this purpose. These drugs are regulated by the U.S. DEA and require that the agency designate a primary registrant. It has been the practice of the City to provide additional indemnification to that officer. Staff Recommendation Staff recommends and request Council approval and authorization for the Mayor's signature and execution of the attached Indemnification and Hold Harmless Agreement. Narrative Edmonds Police Department Animal Control Officers must, on occasion, euthanize sick or injured animals. Schedule II controlled substances and legend drugs are utilized for this purpose. These drugs are regulated by the U.S. DEA and require that the agency designate a primary registrant. It has been the practice of the City to provide additional indemnification to that officer. Since 1998, Senior Animal Control Officer Debbie Dawson has been designated the primary registrant and a similar Indemnification/Hold Harmless has been on file. That indemnification is attached. With the retirement of Officer Dawson (effective April 4, 2016), Animal Control Officer Tabatha Shoemake has been designated the primary registrant, and as such, a new indemnification needs to be authorized and executed. The new agreement is attached and has been approved as to form by the City Attorney's Office. Attachments: Drug Indemnity Letter Dawson INDEMNITY AND HOLD HARMLESS AGREEMENT ANIMAL CONTROL 030816 Packet Pg. 182 6.2.a INDEMNITY AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF EDMONDS AND DESIGNATED ANIMAL CONTROL OFFICER THIS AGREEMENT is entered into this 2 7 day of �, 19 9y between the CITY OF EDMONDS, ("Edmonds") and (]��l�i � �wScL\ ("Design ted Officer"). I. RECITALS A. Edmonds is an alternative code municipal corporation organized under the laws of the State of Washington. B. Designated Officer is employed by Edmonds as an Animal Control Officer as defined under Chapter 5.05 of the Edmonds City Code. C. Designated Officer will, as part of his/her employment with the City, use Schedule II controlled substances and legend drugs ("Substances") to euthanize stray animals who are injured, sick, homeless or unwanted pursuant to Chapters 69.41 and 69.50 RCW and Chapter 246-887 WAC. D. Edmonds desires to indemnify Substances to euthanize stray animals and for WAC. Designated Officer for his/her lawful use of his/her responsibilities under Chapter 246-886 NOW THEREFORE, the parties agree as follows: II. AGREEMENT 1. Designated Officer shall be responsible for maintaining all records and submitting all reports required by applicable federal or state law or regulation pursuant to Chapter 246-886 WAC. 2. Edmonds shall save, indemnify, defend and hold harmless Designated Officer from governmental fines or discipline arising from or out of legal use of Substances, by the members of the Animal Control Section of the Edmonds Police Department, while the member is performing his/her assigned duties. 3. In no event shall this Agreement protect Designated Officer from: a) Any dishonest, fraudulent, criminal, willful, intentional or malicious act or omission by Designated Officer; b) Any act or omission by Designated Officer which is not performed on behalf of Edmonds; Packet Pg. 183 6.2.a c) Any act or omission which is outside the scope of Designated Officer's service or employment with Edmonds; d) Any lawsuit brought against Designated Officer by or on behalf of Edmonds. Nothing herein shall be construed to waive or impair the right of the City Council to institute suit or counterclaim against Designated Officer nor to limit its ability to discipline or terminate Designated Officer. 4. The protection given under this Agreement is in addition to the protection granted to officials and employees of Edmonds under Chapter 2.06 of the Edmonds City Code. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date listed above. CITY OF EDMONDS B a �. MAYOR BARBARA S. FAHE ANIMAL CONTROL OFFICER 0- -�- C \-4j-S c, [Print or type name] ATTEST/AUTHENTICATED : By: ",/"&;:0.., Sandra S. Chase, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: B). W. Scott Snyde CD1191156.2AGR/F0006.160.000 Packet Pg. 184 6.2.b INDEMNITY AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF EDMONDS AND DESIGNATED ANIMAL CONTROL OFFICER THIS AGREEMENT is entered into this day of , 2016 between the CITY OF EDMONDS ("Edmonds") and Tabatha Shoemake ("Designated Officer"). I. RECITALS A. Edmonds is a municipal corporation organized under the laws of the State of Washington. B. Designated Officer is employed by Edmonds as an Animal Control Officer as defined under Chapter 5.05 of the Edmonds City Code. C. Designated Officer will, as part of his/her employment with the City, use Schedule II controlled substances and legend drugs ("Substances") to euthanize stray animals who are injured, sick, homeless or unwanted pursuant to Chapters 69.41 and 69.50 RCW and Chapter 246-887 WAC. D. Edmonds desires to indemnify Designated Officer for his/her lawful use of Substances to euthanize stray animals and for his/her responsibilities under Chapter 246-886 WAC. NOW THEREFORE, the parties agree as follows: II. AGREEMENT 1. Designated Officer shall be responsible for maintaining all records and submitting all reports required by applicable federal or state law or regulation pursuant to Chapter 246-886 WAC. 2. Edmonds shall save, indemnify, defend and hold harmless Designated Officer from governmental fines or discipline arising from or out of legal use of Substances, by the members of the Animal Control Section of the Edmonds Police Department, while the member is performing his/her assigned duties. 3. In no event shall this Agreement protect Designated Officer from: a. Any dishonest, fraudulent, criminal, willful, intentional or malicious act or omission by Designated Officer; b. Any act or omission by Designated Officer which is not performed on behalf of Edmonds; c. Any act or omission which is outside the scope of Designated Officer's service or employment with Edmonds: Packet Pg. 185 6.2.b d. Any lawsuit brought against Designated Officer by or on behalf of Edmonds. Nothing herein shall be construed to waive or impair the right of the City Council to institute suit or counterclaim against Designated Officer nor limit the City's ability to discipline or terminate Designated Officer. 4. The protection given under this Agreement is in addition to the protection granted to officials and employees of Edmonds under Chapter 2.06 of the Edmonds City Code. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date listed above. ATTEST/AUTHENTICATED: LE CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: LIZ OFFICE OF THE CITY ATTORNEY CITY OF EDMONDS MAYOR DAVID O. EARLING ANIMAL CONTROL OFFICER [Print name] Packet Pg. 186 6.3 City Council Agenda Item Meeting Date: 04/12/2016 2016 1st Quarter Budget Amendment (20 min.) Staff Lead/Author: Debra Sharp Department: Administrative Services Initiated By: Narrative There are a total of 17 budget amendments. Three of the amendments are carryforward requests from unexpended 2015 budgets. The carryforward budget amendments include the Highway 99 Subarea Plan, Critical Area Regulation Update and the Development Code Rewrite. There are three items that have previously been discussed by Council. They include the public defense contract, the Veterans Plaza and a canopy for the propane dispenser. There are eleven new budget amendments. There are five General Fund budget amendments. Four of the five amendments reduce the General Fund ending fund balance by $62,445. They include a decision package for the SAW reimbursement, the Planning Board videotaping services, back -fill for a planner's extended leave, and the Marina Beach Park environmental testing. The 5th decision package is an increase to the Economic Development professional services line item. This decision package is offset by contributions and fees received to cover the expenses. There are two park projects requesting additional dollars from REET in the amount of $91,933. There are three street construction projects that are offset by additional grant revenue and one request for the Sewer Fund. Staff recommends that Council forward the 1st Quarter Budget Amendment to Consent for Approval of Ordinance No. XXX amending the 2016 Budget. Attachments: 1st Quarter Budget Amendment Ordinance Packet Pg. 187 6.3.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4019 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2016 Budget; and THEREFORE, WHEREAS, the applications of funds have been identified; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 4019 adopting the final budget for the fiscal year 2016 is hereby amended to reflect the changes shown in Exhibits A, B, C, D, E, and F adopted herein by reference. Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take I Packet Pg. 188 6.3.a effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. APPROVED: MAYOR, DAVE EARLING 2 Packet Pg. 189 6.3.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2016, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF ORDINANCE NO. 4019 AS A RESULT EXPENDITURES OF VARIOUS FUNDS, SHALL BECOME EFFECTIVE. EDMONDS, WASHINGTON, AMENDING OF UNANTICIPATED TRANSFERS AND AND FIXING A TIME WHEN THE SAME The full text of this Ordinance will be mailed upon request. DATED this day of ,2016. CITY CLERK, SCOTT PASSEY 3 Packet Pg. 190 EXHIBIT "A": Budget Amendment Summary (April 2016) 6.3.a FUND NO. FUND DESCRIPTION 2016 BEGINNING FUND BALANCE REVENUE EXPENDITURES 2016 ENDING FUND BALANCE 001 GENERAL FUND 6,601,702 39,276,670 40,929,107 4,949,265 009 LEOFF-MEDI CAL INS. RESERVE 538,960 278,770 279,480 538,250 011 RISK MANAGEMENT RESERVE FUND 951,820 6,660 - 958,480 012 CONTINGENCY RESERVE FUND 4,680,340 28,110 800,000 3,908,450 013 MULTI MODAL TRANSPORTATION FD. 56,020 - - 56,020 014 HISTORIC PRESERVATION GIFT FUND 970 5,000 5,400 570 016 BUILDING MAINTENANCE 229,850 2,005,000 2,175,000 59,850 104 DRUG ENFORCEMENT FUND 27,530 153,000 76,030 104,500 111 STREET FUND 516,350 1,760,500 1,712,370 564,480 112 COMBINED STREET CONST/I MP ROVE 242,450 8,314,697 8,327,792 229,355 117 MUNICIPAL ARTS ACQUIS. FUND 438,050 102,410 181,380 359,080 118 MEMORIAL STREETTREE 17,900 110 - 18,010 120 HOTEL/MOTEL TAX REVENUE FUND 131,670 82,150 149,650 64,170 121 EMPLOYEE PARKING PERMIT FUND 59,430 21,390 26,880 53,940 122 YOUTH SCHOLARSHIP FUND 16,000 5,550 3,000 18,550 123 TOURISM PROMOTIONAL FUND/ARTS 82,780 27,530 31,500 78,810 125 PARK ACQ/IMPROVEMENT 1,174,702 1,108,000 2,100,565 182,137 126 SPECIAL CAPITAL FUND 1,978,970 1,102,000 2,480,320 600,650 127 GIFTS CATALOG FUND 255,550 46,900 44,950 257,500 129 SPECIAL PROJECTS FUND 38,360 280 - 38,640 130 CEMETERY MAINTENANCE/IMPROV 121,770 177,260 210,370 88,660 132 PARKS CONSTRUCTION 1,286,050 2,537,240 2,760,770 1,062,520 136 PARKSTRUSTFUND 151,640 630 - 152,270 137 CEMETERY MAINTENANCE TRUSTFD 882,510 19,880 - 902,390 138 SISTER CITY COMMISSION 1,510 12,010 12,500 1,020 139 TRANSPORTATION BENEFIT DISTRICT - 682,500 682,500 - 211 LID FUND CONTROL - 14,400 14,400 - 213 LI D GUARANTY FUND 101,810 14,400 - 116,210 231 2012 LTGO DEBT SERVICE FUND - 677,380 677,380 - 232 2014 DEBT SERVICE FUND - 949,540 949,540 - 421 WATER 20,256,697 8,443,460 12,713,757 15,986,400 422 STORM 13,624,010 4,131,780 7,609,700 10,146,090 423 SEWER/TREATMENT PLANT 50,898,580 12,645,240 17,917,300 45,626,520 424 BOND RESERVE FUND 842,940 1,989,900 1,990,920 841,920 511 EQUIPMENT RENTAL FUND 7,099,240 1,579,570 1,971,820 6,706,990 617 FIREMEN'S PENSION FUND 196,490 64,840 59,610 201,720 Totals 113,502,651 88,264,757 106,893,991 94,873,417 Ln O N v C M C L O C N E C N E Q N i� 3 m L CD 3 cy 2 N r C N E t V cC Q Packet Pg. 191 EXHIBIT "B": Budget Amendments by Revenue (April 2016) 6.3.a FUND NO. FUND DESCRIPTION ORD. NO. 4014 12/18/2015 ORD. NO. 4019 2/19/2016 ORD. NO. April 2016 2016 Amended Budget 001 General Fund $ 39,266,670 $ $ 10,000 $ 39,276,670 009 Leoff-Medical Ins. Reserve 278,770 - 278,770 011 Risk Management Reserve Fund 6,660 6,660 012 Contingency Reserve Fund 28,110 28,110 014 Historic Preservation Gift Fund 5,000 5,000 016 Building Maintenance 1,680,000 325,000 2,005,000 104 Drug Enforcement Fund 153,000 - 153,000 111 Street Fund 1,760,500 - 1,760,500 112 Combined Street Const/Improve 5,290,850 2,735,647 288,200 8,314,697 117 Municipal Arts Acquis. Fund 102,410 - - 102,410 118 Memorial Street Tree 110 110 120 Hotel/Motel Tax Revenue Fund 82,150 82,150 121 Employee Parking Permit Fund 21,390 21,390 122 Youth Scholarship Fund 5,550 5,550 123 Tourism Promotional Fund/Arts 27,530 27,530 125 ParkAcq/Improvement 1,108,000 1,108,000 126 Special Capital Fund 1,102,000 1,102,000 127 Gifts Catalog Fund 46,900 46,900 129 Special Projects Fund 280 280 130 Cemetery Maintenance/Improv 177,260 177,260 132 Parks Construction 2,037,240 500,000 2,537,240 136 Parks Trust Fund 630 - 630 137 Cemetery Maintenance Trust I'd 19,880 19,880 138 Sister City Commission 12,010 12,010 139 Transportation Benefit District 682,500 682,500 211 Lid Fund Control 14,400 14,400 213 Lid Guaranty Fund 14,400 14,400 231 2012 LTGO Debt Service fund 677,380 677,380 232 2014 Debt Service Fund 949,540 - 949,540 421 Water 8,429,970 13,490 8,443,460 422 Storm 4,131,780 - 4,131,780 423 Sewer/Treatment Plant 12,414,120 231,120 12,645,240 424 Bond Reserve Fund 1,989,900 - 1,989,900 511 Equipment Rental Fund 1,579,570 1,579,570 617 Firemen's Pension Fund 64,840 64,840 Totals $ 84,161,300 1 $ 3,805,257 $ 298,200 1 $ 88,264,757 Ln O N v C M C L O C N E C N E Q N i� 3 m L CD 7 CY to r C N E t V fC a+ Q Packet Pg. 192 EXHIBIT "C": Budget Amendments by Expenditure (April 2016) 6.3.a FUND NO. FUND DESCRIPTION ORD. NO. 4014 12/18/2015 ORD. NO. 4019 2/19/2016 ORD. NO. 0 April 2016 2016 Amended Budget 001 General Fund $ 39,733,780 $ 957,500 $ 237,827 $ 40,929,107 009 Leoff-Medical Ins. Reserve 279,480 - - 279,480 012 Contingency Reserve Fund 800,000 800,000 014 Historic Preservation Gift Fund 5,400 - 5,400 016 Building Maintenance 1,754,000 421,000 2,175,000 104 Drug Enforcement Fund 76,030 - 76,030 111 Street Fund 1,712,370 - 1,712,370 112 Combined Street Const/Improve 5,311,460 2,728,132 288,200 8,327,792 117 Municipal Arts Acquis. Fund 181,380 - - 181,380 120 Hotel/Motel Tax Revenue Fund 149,650 149,650 121 Employee Parking Permit Fund 26,880 26,880 122 Youth Scholarship Fund 3,000 3,000 123 Tourism Promotional Fund/Arts 31,500 - - 31,500 125 ParkAcq/Improvement 1,523,650 484,982 91,933 2,100,565 126 Special Capital Fund 1,934,390 545,930 - 2,480,320 127 Gifts Catalog Fund 44,950 - 44,950 130 Cemetery Maintenance/Improv 210,370 - 210,370 132 Parks Construction 2,100,000 660,770 2,760,770 138 Sister City Commission 12,500 - 12,500 139 Transportation Benefit District 682,500 682,500 211 Lid Fund Control 14,400 14,400 231 2012LTGO Debt Service Fund 677,380 677,380 232 2014 Debt Service Fund 949,540 - 949,540 421 Water 12,323,960 389,797 12,713,757 422 Storm 6,612,170 997,530 7,609,700 423 Sewer/Treatment Plant 17,172,110 569,190 176,000 17,917,300 424 Bond Reserve Fund 1,990,920 - - 1,990,920 511 Equipment Rental Fund 1,955,820 16,000 1,971,820 617 Firemen's Pension Fund 59,610 59,610 Totals $98,329,200 $ 7,754,831 $ 809,960 $ 106,893,991 Ln O N v C M C L O C N E C N E Q N i� 3 m L CD V Y r C N E t V fC a+ Q Packet Pg. 193 EXHIBIT "D": Budget Amendments (April 2016) 6.3.a Fund Number Change in Beginning Fund Balance Revenue Expense Change in Ending Fund Balance 001 165,382 10,000 237,827 (62,445) 112 - 288,200 288,200 125 - 91,933 (91,933) 132 - 423 176,000 (176,000) 511 16,000 (16,000) Total Change 165,382 298,200 809,960 (346,378) Ln O N V C M C L 0 E CD E Q tM m L CD V Y r C N E t V fC a+ Q Packet Pg. 194 6.3.a EXHIBIT "E": Budget Amendment Summary (April 2016) Fund BARS Category Debit Credit Pg# Description Carryforwards General Fund 0011 000 62 558 60 41 00 Professional Services 100,000 9 Hwy 99 Subarea Plan General Fund 001 000 62 558 60 41 00 Professional Services 11,183 10 Critical Area Update General Fund 001 000 62 5241 10 41 00 Professional Services 54,199 11 Code Rewrite General Fund 0011 000 3081 00 000 00 Beginning Fund Balance 165,382 Previously Discussed by Council General Fund 001 1 000 39 512 52 41 00 Professional Services 16,500 12 Public Defense General Fund 001 000 39 508 00 00 00 Ending fund Balance 16,500 Parks Construction 132 000 64 594 76 65 00 Construction 30,000 13 Veterans Plaza Parks Construction 132 000 64 594 76 65 91 Constr from other fund 30,000 REET 2 125 000 64 594 75 65 90 Const to other fund 30,000 REET2 125 0001 64 1 5081 30 1 00 1 00 jEnding fund Balance 1 1 30,000 Equipment Rental 511 0001 77 1 5941 48 1 64 1 00 JEquipment 1 16,000 1 1 14 1 Canopy for propane dispenser Equipment Rental511 0001 77 1 5081 00 1 00 1 00 jEnding fund Balance 1 1 16,000 New Items for Council General Fund 0011 000 22 518 10 49 00 Miscellaneous 16,254 15 SAW Reimbursement General Fund 001 000 62 524 10 41 00 Professional Services 2,100 16 Planning Board Videotaping General Fund 001 000 62 558 60 11 00 Salaries 10,800 17 Planning Staff Back -fill General Fund 001 000 62 558 60 23 00 Benefits 4,400 General Fund 001 000 64 571 21 41 00 Professional Services 12,391 18 Marina Beach General Fund 001 000 39 1 5081 00 00 1 00 1 EndingFund Balance 45,945 General Fund 001 000 61 558 70 41 00 Professional Services 10,000 19 Economic Dev. Professional Services General Fund 001 1 000 367 00 00 00 Bird Fest Contributions 5,000 General Fund 001 000 347 93 00 00 Winter Market Reg Fees 5,000 REET2 125 000 64 594 75 65 00 Construction 30,000 20 Bandshell for Frances Anderson Center REET2 125 000 64 508 30 00 00 Ending Fund Balance 30,000 Parks Construction 132 000 64 1 5941 76 65 00 Construction 31,933 21 City Park Spray & Play Parks Construction 132 000 64 594 76 65 1 91 lConstr from other fund 31,933 REET 2 125 1 000 64 594 75 65 90 Const to other fund 31,933 REET2 125 000 64 508 30 00 00 EndingFund BaIance 31,933 Street Construction 112 000 68 595 33 41 00 Professional Services 33,520 22 15th STSW Walkway Street Construction 112 000 68 595 33 41 10 Interfund Services 10,000 Street Construction 112 000 1 3341 03 600 05 Grant 43,520 Street Construction 112 000 68 595 33 41 1 00 Professional Services 75,000 23 238thStSW Walkway Street Construction 112 1 000 68 595 33 41 10 Interfund Services 15,000 Street Construction 112 Grant 90,000 Street Construction 112 000 68 595 33 41 00 Professional Services 80,360 24 236thSTSW Walkway Street Construction 112 000 68 595 33 41 10 Interfund Services 22,150 Street Construction 112 000 68 595 1 33 65 00 lConstruction 52,170 Street Construction 112 000 333 1 20 205 16 Grant 154,680 Sewer Fund 1 423 1 200 75 5941 35 41 00 Professional Services 20,000 1 25 Citywide CIPP Sewer Rehab Sewer Fund 1 423 1 200 75 5941 35 65 00 Construction 1 156,000 Sewer Fund 1 4231 2001 75 5081 30 00 00 Ending Fund Balance I L 176,000 Ln O N v C M C 'r3 0 .r C N E C N E Q N s� 3 m L CD 3 CY N r C N E t V ca Q Packet Pg. 195 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: Carryforward Item Item Description: In 2015, the City Council budgeted $100,000 to start the Highway 99 Subarea Plan. In 2016, Council budgeted an additional $75,000 for additional work to complete the project. While the process began in late 2015 and consultants were selected, no 2015 funds were spent. The purpose of the budget amendment is to carry forward the unexpeneded funds from 2015 ($100,000). This will be added to the $75,000 approved for 2016. Department: Development Services Fund GENERAL Division: Administration Title: Highway 99 Subarea Plan and Planned Action Name: Preparer: Shane Hope Department Account Number: 621 Strategic Plan Task Action Item: 1a.7,1b.6, 3a.10, 4a7, 4a.14 Budget Amendment Type? I Carryforward If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Operating Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 Plannin Pro . Svc. 62.558.60.41.00 75,000 100,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $75,000 $100,000 $0 $0 $0 $0 Total Expenses I $175,000 I $0 I $0 I $0 I $0 Revenue and Endin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Carryforward 001.000.308.00 100,000 0 0 0 0 Ending Cash: Carryforward 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $100,000 $0 $0 $0 $0 PJ c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L 0 a� E c aD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 196 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: Carryforward Item Item Description: The Council budgeted $40,000 in 2014 and another $40,000 in 2015 for the Critical Area Ordinance (CAO) Update. The purpose of this budget amendment is to carryforward the unexpended funds ($11,183.41) in order to cover 2016 consultant costs to complete the CAO update and associated work in 2016. Department: Development Services Fund Name: GENERAL Division: Planning Division Title: Critical Area Regulation Update Preparer: Kernen Lien Department Account Number: 620 Strategic Plan Task Action Item: Budget Amendment Type? I Carryforward If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Operating Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 Plannin Pro . Svc. 62.558.60.41.00 0 11,183 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $0 $11,183 $0 $0 $0 $0 Total Expenses 1 $11,183 1 $0 I $0 I $0 I $0 Revenue and Fndin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Carryforward 001.000.308.00 11,183 0 0 0 0 Ending Cash: Carryforward 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $11,183 $0 $0 $0 $0 10 c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L O a� E c CD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 197 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: Carryforward Item Item Description: The Council budgeted $110,000 in professional services funds in 2015 to move forward on the Development Code Update. The purpose of this budget amendment is to carry forward the unexpended funds budgeted in 2015 ($39,199) and supplement the project budget with an additional $15,000 in unanticipated savings from professional services that occurred in 2015 (savings from the Hearings Examiner professional services budget, not reflected in the year-end estimates). Department: Development Services Fund GENERAL Division: Development Services Title: Development Code Rewrite Name: Preparer: Shane Hope Department Account Number: 62 Strategic Plan Task Action Item: 5a.2, 2a.5-6 Budget Amendment Type? I Carryforward If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Operating Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 DSAdmin 62.524.10.41.00 (Pro Services) 0 54,199 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $0 $54,199 $0 $0 $0 $0 Total Expenses 1 $54,199 1 $0 I $0 I $0 I $0 Revenue and Endin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Carryforward 001.000.308.00 54,199 0 0 0 0 Ending Cash: Carryforward 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $54,199 $0 $0 $0 $0 11 c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L 0 a� E c CD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 198 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: This budget adjustment is for the amendment to the Public Defense Professional Services contract with the Snohomish County Public Defense Association. Additional services were required due to a change in case load requirements and to transition from previous provider. Department: Human Resources Fund Name: GFNII2AL Division: Human Resources Title: Public Defense Preparer: Carrie Hite Department Account Number: 001.00.39.512.52.41.00 Strategic Plan Task Action Item: Budget Amendment Type? I Previously Discussed By Council If previously discussed, date(s) of discussion: Feb 16 2016 What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Operating Fill In Item Description IsI Baseline Budget 2016 2017 2018 2019 2020 Public Defense legal services 296,080 16,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $296,080 $16,500 $0 $0 $0 $0 Total Expenses I $312,580 I $0 I $0 I $0 I $0 Revenue and Fndin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 001.000.39.508. 16,500 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $16,500 $0 $0 $0 $0 12 c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L O a� E c CD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 199 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: An additional $30,000 spending allocation for Veterans Plaza was given by Council on 2/2/16. These fund are for plaza area development to include planter beds/benches and a seating area. This will be paid out of 132, but reimbursed REST. Department: Parks, Recreation & Cultural Services Fund Name: PARKS CONSTRUCTION Division: Parks Title: Veterans Plaza Preparer: CCruz for Carrie Hite Department Account Number: 132.000.64.594.76.65.00 Strategic Plan Task Action Item: Action 3a.4 (35): Greenways and Parks Budget Amendment Type? I Previously Discussed By Council If previously discussed, date(s) of discussion: Feb 2016 What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Capital Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 132.000.64.594.76.65.00 (Construction) 475,000 30,000 0 0 0 0 132.000.64.594.76.65.91 (Constfirom otherfind) 0 (30,000) 0 0 0 0 125.000.64.594.75.65.90 Const to other and 0 30,000 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $475,000 $30,000 $0 $0 $0 $0 Total Expenses I $505,000 I $0 I $0 I $0 I $0 Revenue and Fndin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 125.000.64.508.30 30,000 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 Total Revenue and Ending Cash $30,000 $0 $0 $0 $0 13 c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L O a� E c CD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 200 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: In the 2016 budget $22,000 was approved to have a canopy built to cover the propane dispenser. After some thought, we would like to move the dispencer closer to the existing gas/diesel island and make the canopy larger (12'x24'x17') for better coverage. We will need $16,000 more to achieve this. Department: Public Works Fund Name: EQUIPMENT RENTAL Division: Fleet Maintenance Title: Canopy for propane dispencer Preparer: NEke Adams Department Account Number: 511.000.77.594.48.64.00 Strategic Plan Task Action Item: Budget Amendment Type? I Previously Discussed By Council If previously discussed, date(s) of discussion: Dec 12015 What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Operating Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 Propane dis encer canopy 52,000 16,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $52,000 $16,000 $0 $0 $0 $0 Total Expenses 1 $68,000 1 $0 I $0 I $0 1 $0 Revenue andEnding Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 511.000.77.508. 16,000 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $16,000 $0 $0 $0 $0 14 r c m E c m E Q m a� 00 L a� L CI co 0 N Ln O a� U a M c �a L 0 c a� E c CD E Q a� a� 00 L d 3 CY r c CD E t c� Q Packet Pg. 201 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: There was an an additional $16,254 of revenues received in the department at the end of last year from the L & I SAW program which is needed for the 2016 City safety program and safety compliance. This money was received in 2015, but not spent. This money will be used for accident prevention including mandatory, necessary training programs and compliance initiatives for the City's Acccident Prevention Program that are not yet funded as well as a Safety consultant. Department: Human Resources Fund GFNII2AL Division: Human Resources Title: SAW Reimbursements Name: Preparer: Mary Ann Hardie Department Account Number: 001.000.22.518.10.49.00 Strategic Plan Task Action Item: Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Operating Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 SAWReimbursements 0 16,254 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $0 $16,254 $0 $0 $0 $0 Total Expenses 1 $16,254 1 $0 I $0 I $0 I $0 Revenue and Fndin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 001.000.39.508. 16,254 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $16,254 $0 $0 $0 $0 15 c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L 0 a� E c CD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 202 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: Planning Board meetings were videotaped in 2015 by a one-time City Council budget allocation of $2,000 included in the 2015 budget. Funding for this item needs to be reauthorized as an ongoing budget expense. Department: Development Services Fund Name: GFNII2AL Division: Administration Title: Planning Board videotaping Preparer: Shane Hope Department Account Number: 62.524 Strategic Plan Task Action Item: Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I On -Going Is the Expenditure Operating or Capital? I Operating Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 Dev. Services Prof Svc. 62.524.10.41.00 0 2,100 2,100 2,100 2,100 2,100 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $0 $2,100 $2,100 $2,100 $2,100 $2,100 Total Expenses 1 $2,100 1 $2,100 1 $2,100 1 $2,100 1 $2,100 Revenue and Fndin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 001.000.39.00 2,100 2,100 2,100 2,100 2,100 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $2,100 $2,100 $2,100 $2,100 $2,100 16 r c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L 0 a� E c CD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 203 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: A member of the Planning Division staff will be on leave for an extended period of time during 2016. Given the elevated level of development activity being experienced and the significant planning and code work being done, it is important to make sure that staffing is maintained during this year. This proposal will fund additional hours of work for an existing part-time planner to provide coverage during this period. Department: Development Services Fund GENERAL Division: Planning Title: Planning Staff Back -fill Name: Preparer: Shane Hope Department Account Number: 62.558 Strategic Plan Task Action Item: Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Operating Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 Planning Salaries 62.558.60.11.00 565,910 10,800 0 0 0 0 Planning Benefits 62.558.60.23.00 218,570 4,400 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $784,480 $15,200 $0 $0 $0 $0 Total Expenses I $799,680 I $0 I $0 I $0 1 $0 Revenue and Fndin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 0 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue Excess permit revenue 15,200 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $15,200 $0 $0 $0 $0 17 c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L 0 a� E c CD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 204 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: Phase II Environmental at Marina Beach Park. Landau Associates performed some soil and water sampling testing at Marina Beach Park. This was not originally in the 2016 budget. This request is for additional authorization for the Parks administrative professional services line item. Department: Parks, Recreation & Cultural Services Fund Name: GFNII2AL Division: Parks Title: Marina Beach Park Environmental Testing Preparer: CCruz for Carrie Hite Department Account Number: 001.000.64.571.21.41.00 Strategic Plan Task Action Item: Action 3a.4 (35): Greenways and Parks Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Operating Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 Professional Services 38,600 12,391 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $38,600 $12,391 $0 $0 $0 $0 Total Expenses 1 $50,9911 $0 I $0 I $0 1 $0 Revenue and Ending Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 001.000.39.508. 12,391 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $12,391 $0 $0 $0 $0 I c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U c M c �a L 0 a� E c a) E Q a� a� 00 L 3 CY r a-: c a� E t v c� Q Packet Pg. 205 6.3.a EXHIBIT "P: Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: Authorization request to expend funds received in association with the Holiday Market and Bird Fest. Holiday Market. Funds received derive principally from vendor booth fees, which with an enhanced holiday market for 2016, could run up to $5000. This authorization would allow for expenditure of up to the total funds received (maximum $5000) to pay for expenses related to producing, managing and promoting the holiday market. Bird Fest. Funds received derive principally from sponsorships and donations, which could run up to $5000. This authorization would allow for expenditure of up to the total funds received (maximum $5000) to pay for expenses related to producing, managing and promoting Bird Fest. Department: Community Svcs/Eton Development Fund GENERAL Division: Economic Development (61) Title: Professional Services Name: Preparer: Patrick Doherty Department Account Number: 001.000.61.558.70.41 Strategic Plan Task Action Item: I Year round Farmer's Market - 2a.2 Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I On -Going Is the Expenditure Operating or Capital? I Operating Fill In Item Description[s] Baseline Budge 2016 2017 2018 2019 2020 Professional Services - 21,000 10,000 10,000 10,000 10,000 10,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $21,000 $10,000 $10,000 $10,000 $10,000 $10,000 Total Expenses 1 $31,000 1 $31,000 1 $31,000 1 $31,000 1 $31,000 Revenue and Ending Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 0 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 001.000.367.00.200.00 5,000 5,000 5,000 5,000 5,000 General Fund Subsidy 0 0 0 0 0 New Revenue 001. 000.34 7.93.000.00 5,000 5,000 5,000 5,000 5,000 Other 0 0 0 0 0 Total Revenue and Ending Cash $10,000 $10,000 $10,000 $10,000 $10,000 19 Q Packet Pg. 206 6.3.a EXHIBIT "P: Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: The replacement of the Bandshell at the Frances Anderson Center is scheduled for 2016. $81,870 was carriedforward from 2015 and an additional budget authority was requested at that time. Another $30,000 is now requested to cover costs for demolition. This was a " by owner" item, but we just don't have the capacity to perform this work. Department: Parks, Recreation & Cultural Services Fund Name: PARKACQ/ 1WROVFIVIENT Division: Parks Title: Bands hell at Frances Anderson Preparer: CCruz for Carrie Hite Department Account Number: 125.000.64.594.75.65.00 Strategic Plan Task Action Item: Action 3a.4 (35): Greenways and Parks Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Capital Fill In Item Description IsI Baseline Budget 2016 2017 2018 2019 2020 Construction Projects 161,870 30,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $161,870 $30,000 $0 $0 $0 $0 Total Expenses I $191,870 I $0 I $0 I $0 I $0 Revenue and Fndin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 125.000.64.508.30 30,000 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 Total Revenue and Ending Cash $30,000 $0 $0 $0 $0 20 c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L 0 a� E c CD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 207 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: An additional $31,933 spending allocation is needed to pay for the water connection to the spray park. Water Meter Fee $6,390, Water Connection Fee $25,248, Permit Surcharge fee $25 and Sewer Permit fee $270. This is an interfund charge that wasn't orginally identified in the project budget. Department: Parks, Recreation & Cultural Services Fund Name: PARKS CONSTRUCTION Division: Parks Title: City Park Spray & Play Preparer: CCruz for Carrie Hite Department Account Number: 132.000.64.594.76.65.00 Strategic Plan Task Action Item: Action 3a.4 (35): Greenways and Parks Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Capital Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 132.000.64.594.76.65.00 (Construction) 160,872 31,933 0 0 0 0 132.000.64.594.76.65.91 (Constfirom otherfind) 0 (31,933) 0 0 0 0 125.000.64.594.75.65.90 Const to other and 0 31,933 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $160,872 $31,933 $0 $0 $0 $0 Total Expenses I $192,805 I $0 I $0 I $0 I $0 Revenue and Fndin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 125.000.64.508.30 31,933 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 Total Revenue and Ending Cash $31,933 $0 $0 $0 $0 21 c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L O a� E c CD E Q a� a� 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 208 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: Construction is complete but education and enforcement are ongoing and are expected to be complete by Summer, 2016. Education and enforcement funds were part of the original Safe Routes to School Grant awarded for this project. Department: Public Works Fund Name: STREET CONSTRUCTION Division: Engineering Title: E3DC-15th St SW Walkway (Edmonds Way to 8th Ave) Preparer: Ryan Hague Department Account Number: Strategic Plan Task Action Item: 4a.3 Walkways Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Capital Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 112.000.68.595.33.41.00 Professional Services 0 33,520 0 0 0 0 112.000.68.595.33.41.10 Interfund Services 0 10,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $0 $43,520 $0 $0 $0 $0 Total Expenses 1 $43,520 1 $0 I $0 I $0 I $0 Revenue and Endin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 0 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 112.000.334.03.600.05 43,520 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $43,520 $0 $0 $0 $0 22 r c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L 0 a� E c CD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 209 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: The City was successful in securing a transportation grant for the 238th St. Walkway (Hwy 99 to SR104) from the Transportation Improvement Board (TIB) in late Fall, 2015. The TIB grant agreement was approved by the City Council in early 2016. Design development is expected to begin Spring, 2016 Department: Public Works Fund Name: STREET CONSTRUCTION Division: Engineering Title: E6DA-238th St SW Walkway (Edmonds Way to Hwy 99 Preparer: Ryan Hague Department Account Number: Strategic Plan Task Action Item: 4a.3 Walkways Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Capital Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 112.000.68.595.33.41.00 Professional Services 0 75,000 0 0 0 0 112.000.68.595.33.41.10 Interfund Services 0 15,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $0 $90,000 $0 $0 $0 $0 Total Expenses 1 $90,000 1 $0 I $0 I $0 I $0 Revenue and Fndin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 0 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions TIB Fuel Tax Grant 90,000 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $90,000 $0 $0 $0 $0 23 c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L 0 a� E c CD E Q a� aM 00 L CD 3 CY r a-: c CD E t v c� Q Packet Pg. 210 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: Additional funds from the 2016 pavement preservation program are being programmed into the 236th St. Walkway project to fund an overlay of 236th within the project limits. Construction is expected to begin Summer, 2016. Department: Public Works Fund Name: STREET CONSTRUCTION Division: Engineering Title: 236th St SW Walkway (Edmonds Way to Madrona Scho Preparer: Ryan Hague Department Account Number: Strategic Plan Task Action Item: 4a.3 Walkways Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Capital Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 112.000.68.595.33.41.00 Professional Services 74,337 80,360 0 0 0 0 112.000.68.595.33.41.10 Interfund Services 21,856 22,150 0 0 0 0 112.000.68.595.33.65.00 Construction 497,272 52,170 0 1 0 0 0 126.000.68.595.33.41.90 REST I Pro Sery to Other 0 0 0 0 0 0 126.000.68.595.33.41.19 REST I Inter and Sery to Od 0 0 0 0 0 0 126.000.68.595.33.65.90 REST I Const Pro ' to Other 0 0 0 0 0 0 Sub -Total $593,465 $154,680 $0 $0 $0 $0 Total Expenses I $748,145 I $0 I $0 I $0 I $0 Revenue and Fndin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 0 0 0 0 Ending Cash: Decrease Increase 0 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 112.000.333.20.205.16 154,680 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $154,680 $0 $0 $0 $0 24 r c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L 0 a� E c CD E Q a� aM 00 L CD 3 CY N r a-: c CD E t v c� Q Packet Pg. 211 6.3.a EXHIBIT "F": Budget Amendments (April 2016) Budget Amendment for: First Quarter Item Description: An additional site was added near the end of the design project, which requires the need of additional funding to allow for construction of the entire project. The additional funding is coming from: $75,000 from the 423 Sewer Utility Fund balance (2015 Sewer replacement project was under budget); $60,000 from the 2016 Sewer Replacement project (Estimated surplus of funds in 2016); and $41,000 from the 423 Sewer Utility Fund balance (2015 CIPP did not go to Department: Public Works Fund Name: SEWER/TREATMENT PLANT Division: Engineering Title: Citywide CIPP Sewer Rehab Preparer: Michele (Nlike) De Lilla Department Account Number: Strategic Plan Task Action Item: N/A Budget Amendment Type? I New Item For Council To Consider If previously discussed, date(s) of discussion: What is the nature of the expenditure? I One -Time Is the Expenditure Operating or Capital? I Capital Fill In Item Description[s] Baseline Budget 2016 2017 2018 2019 2020 0 0 0 0 0 0 Professional Services 423.200.75.594.35.41.00 0 20,000 0 0 0 0 Interfund Services 423.200.75.535.35.41.10 0 0 0 0 1 0 0 Construction 423.200.75.594.35.65.00 0 156,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Sub -Total $0 $176,000 $0 $0 $0 $0 Total Expenses I $176,000 I $0 I $0 I $0 I $0 Revenue and Endin Cash Comments 2016 2017 2018 2019 2020 Ending Cash: Decrease Increase 0 0 0 0 Ending Cash: Decrease Increase 423.200.75.508.30.00.00 176,000 0 0 0 0 Grants/Contributions 0 0 0 0 0 General Fund Subsidy 0 0 0 0 0 New Revenue 0 0 0 0 0 Other 0 0 0 0 0 Total Revenue and Ending Cash $176,000 $0 $0 $0 $0 25 c m E c m Q m a� 00 L L CI co 0 N Ln 0 a� U a M c �a L 0 a� E c CD E Q a� a� 00 L CD 3 CY r c CD E t c� Q Packet Pg. 212 6.4 City Council Agenda Item Meeting Date: 04/12/2016 National Citizen Survey Update (15 min.) Staff Lead/Author: Patrick Doherty Department: Community Services Initiated By: Background/History In the 2016 Budget City Council approved expenditure authority of up to $19,000 to engage Edmonds residents via the National Citizen Survey (NCS). Staff Recommendation No action required. Narrative Conducted by the National Research Center, the NCS is a statistically significant, scientific survey that has been conducted in over 350 jurisdictions in 44 states. This particular citizen survey tool is endorsed by the International City/County Management Association (ICMA) and the National League of Cities (NLC). In addition to a thorough set of categorized, standard questions that enable benchmarking and comparison with other cities or areas, the survey allows for the addition of questions customized for each specific community. (Note: the standard questions may not be altered.) The "basic service" randomly selects 1,500 households. An introductory postcard is mailed to each household, alerting them to the survey that will follow soon in the mail. The following week the paper survey is then mailed out with a postage -paid envelope for easy return. Survey respondents may also opt to take the survey online following easy instructions. A reminder postcard is sent out after a couple weeks. At 1,500 households the survey results have a 95% confidence level , with a margin of error +/- 5%. A final report is delivered with the raw data, data summaries, benchmarking against nationwide survey results, and specific results from the customized questions. The $19,000 budget allows for this "basic service" plus some add-ons: An additional 700 households (total 2,200) - increasing confidence level and decreasing margin of error further Additional benchmarking against communities meeting specific criteria Additional comparison of results by population demographics and/or specific geographic areas Packet Pg. 213 6.4 The timeline for conducting the NCS is a start date of mid -May, with a completion date of by the end of August. This timeline will allow for information gleaned from the survey to be considered during the budgeting process for 2017. Attached are a copy of the standard questionnaire and a draft of the customized questions submitted by the department Directors for inclusion at the end of the standard questionnaire. Attachments: The NCS Survey Template 2016 customized questions NCS Packet Pg. 214 6.4.a The XYZ of ABC 2016 Citizen Survey Please complete this questionnaire if you are the adult (age 18 or older) in the household who most recently had a birthday. The adult's year of birth does not matter. Please select the response (by circling the number or checking the box) that most closely represents your opinion for each question. Your responses are anonymous and will be reported in group form only. 1. Please rate each of the following aspects of quality of life in ABC: Excellent Good Fair Poor Don't know ABC as a place to live........................................................................................ 1 2 3 4 5 Your neighborhood as a place to live.................................................................1 2 3 4 5 ABC as a place to raise children........................................................................ 1 2 3 4 5 ABC as a place to work...................................................................................... 1 2 3 4 5 ABC as a place to visit....................................................................................... 1 2 3 4 5 ABCas a place to retire.....................................................................................1 2 3 4 5 The overall quality of life in ABC...................................................................... 1 2 3 4 5 2. Please rate each of the following characteristics as they relate to ABC as a whole: Excellent Good Fair Poor Don't know Overall feeling of safety in ABC......................................................................... 1 2 3 4 5 Overall ease of getting to the places you usually have to visit ............................1 _ 3 4 _ 5 Quality of overall natural environment in ABC ................................................ 1 2 3 4 5 Overall "built environment" of ABC (including overall design, M buildings, parks and transportation systems) .................................................. 1 2 3 4 5 Health and wellness opportunities in ABC ........................................................ 1 2 3 4 5 Overall opportunities for education and enrichment ......................................... 1 2 3 4 5 Overall economic health of ABC....................................................................... 1 2 3 4 5 Sense of community ........................................................................................... 1 ME" 3 4 5 Overall image or reputation of ABC................................................................. 1 2 3 4 5 3. Please indicate how likely or unlikely you are to do each of the following: Very Somewhat Somewhat Very Don't likely likely unlikely unlikely know Recommend living in ABC to someone who asks .................................. 1 2 3 4 5 Remain in ABC for the next five years ................................................... 1 2 3 4 5 4. Please rate how safe or unsafe you feel: Very Somewhat Neither safe Somewhat Very Don't safe safe nor unsafe unsafe unsafe know In your neighborhood during the day ................................... 1 2 3 4 5 6 _ In ABC's downtown/commercial area during the day............................................................ 1 2 3 47� 5 6' 5. Please rate each of the following characteristics as they relate to ABC as a whole: Excellent Good Fair Poor Don't know Traffic flow on major streets.............................................................................. 1 2 3 4 5 Easeof public parking........................................................................................1 2 3 4 5 Ease of travel by car in ABC.............................................................................. 1 2 3 4 5 Ease of travel by public transportation in ABC.................................................1 2 3 4 5 Ease of travel by bicycle in ABC........................................................................ 1 2 3 4 5 Ease of walking in ABC.....................................................................................1 2 3 4 5 Availability of paths and walking trails.............................................................. 1 2 3 4 5 Airquality .......................................................................................................... 1 2 3 4 5 Cleanlinessof ABC............................................................................................ 1 2 3 4 5 Overall appearance of ABC............................................................................... 1 2 3 4 5 Public places where people want to spend time ................................................. 1 2 3 4 5 Variety of housing options.................................................................................1 2 3 4 5 Availability of affordable quality housing.......................................................... 1 2 3 4 5 Fitness opportunities (including exercise classes and paths or trails, etc.) ..........1 2 3 4 5 Recreational opportunities................................................................................. 1 2 3 4 5 Availability of affordable quality food................................................................1 2 3 4 5 Availability of affordable quality health care ..................................................... 1 2 3 4 5 Availability of preventive health services...........................................................1 2 3 4 5 Availability of affordable quality mental health care ......................................... 1 2 3 4 5 Page 1 of 5 Packet Pg. 215 6.4.a THE N The National Citizen Survey'" 6. Please rate each of the following characteristics as they relate to ABC as a whole: Excellent Good Fair Poor Don't know Availability of affordable quality child care/preschool...................................... 1 2 3 4 5 K-12 education..................................................................................................1 2 3 4 5 Adult educational opportunities......................................................................... 1 2 3 4 5 Opportunities to attend cultural/arts/music activities ...................................... 1 2 3 4 5 Opportunities to participate in religious or spiritual events and activities ......... 1 2 3 4 5 Employment opportunities................................................................................ 1 2 3 4 5 Shoppingopportunities...................................................................................... 1 2 3 4 5 Costof living in ABC......................................................................................... 1 2 3 4 5 Overall quality of business and service establishments in ABC ......................... 1 2 3 4 5 Vibrant downtown/commercial area................................................................ 1 2 3 4 5 Overall quality of new development in ABC ..................................................... 1 2 3 4 5 Opportunities to participate in social events and activities ................................ 1 2 3 4 5 Opportunities to volunteer................................................................................. 1 2 3 4 5 Opportunities to participate in community matters .......................................... 1 2 3 4 5 Openness and acceptance of the community toward people of diversebackgrounds....................................................................................... 1 2 3 4 5 Neighborliness of residents in ABC................................................................... 1 2 3 4 5 7. Please indicate whether or not you have done each of the following in the last 12 months. Made efforts to conserve water................................................................................................................................1 2 Made efforts to make your home more energy efficient..........................................................................................1 2 Observed a code violation or other hazard in ABC (weeds, abandoned buildings, etc.).........................................1 2 Household member was a victim of a crime in ABC...............................................................................................1 2 Reported a crime to the police in ABC....................................................................................................................1 2 Stocked supplies in preparation for an emergency..................................................................................................1 2 Campaigned or advocated for an issue, cause or candidate....................................................................................1 2 Contacted the XYZ of ABC (in -person, phone, email or web) for help or information..........................................1 2 Contacted ABC elected officials (in -person, phone, email or web) to express your opinion....................................1 2 In the last 12 months, about how many times, if at all, have you or other household members done each of the following in ABC? 2 times a week or more 2-4 times a month Once a month or less Not at all Used ABC recreation centers or their services................................................................... 1 2 3 4 Visited a neighborhood park or XYZ park........................................................................ 1 2 3 4 Used ABC public libraries or their services....................................................................... 1 2 3 4 Participated in religious or spiritual activities in ABC ....................................................... 1 2 3 4 Attended a XYZ-sponsored event..................................................................................... 1 2 3 4 Used bus, rail, subway or other public transportation instead of driving ........................... 1 2 3 4 Carpooled with other adults or children instead of driving alone ...................................... 1 2 3 4 Walked or biked instead of driving.................................................................................... 1 2 3 4 Volunteered your time to some group/activity in ABC .................................................... 1 2 3 4 Participatedin a club......................................................................................................... 1 2 3 4 Talked to or visited with your immediate neighbors......................................................... 1 2 3 4 Done a favor for a neighbor............................................................................................... 1 2 3 4 Thinking about local public meetings (of local elected officials like City Council or County Commissioners, advisory boards, town halls, HOA, neighborhood watch, etc.), in the last 12 months, about how many times, if at all, have you or other household members attended or watched a local public meeting? 2 times a 2-4 times Once a month Not Attended a local public meeting........................................................................................ 1 2 3 4 Watched (online or on television) a local public meeting ................................................... 1 2 3 M to 0 N d M a E d H d co co V Z s H c m E t v .r Q Packet Pg. 216 The XYZ of ABC 2016 Citizen Survey 10. Please rate the quality of each of the following services in ABC: Excellent Good Fair Poor Don't know Police/Sheriff services........................................................................................1 2 3 4 5 Fireservices........................................................................................................ 1 3 4 5 Ambulance or emergency medical services....................................................... 1 2 3 4 5 Crimeprevention............................................................................................... 1 2 3 4 5 Fire prevention and education........................................................................... 1 2 3 4 5 Traffic enforcement........................................................................................... 1 2 3 4 5 Streetrepair....................................................................................................... 1 2 3 4 5 Streetcleaning................................................................................................... 1 2 3 4 5 Streetlighting..................................................................................................... 1 2 3 4 5 Snowremoval.................................................................................................... 1 2 3 4 5 Sidewalkmaintenance....................................................................................... 1 2 3 4 5 Traffic signal timing........................................................................................... 1 2 3 4 5 Bus or transit services......................................................................................... 1 2 3 4 5 Garbage collection............................................................................................. 1 2 3 4 5 Recycling........................................................................................................... 1 2 3 4 5 Yardwaste pick-up............................................................................................ 1 2 3 4 5 Stormdrainage.................................................................................................. 1 2 3 4 5 Drinkingwater................................................................................................... 1 2 3 4 5 Sewerservices.................................................................................................... 1 2 3 4 5 Power (electric and/or gas) utility ......................................................................1 2 3 4 5 Utilitybilling...................................................................................................... 1 2 3 4 5 XYZparks.........................................................................................................1 2 3 4 5 Recreation programs or classes.......................................................................... 1 2 3 4 5 Recreation centers or facilities...........................................................................1 2 3 4 5 Land use, planning and zoning.......................................................................... 1 2 3 4 5 Code enforcement (weeds, abandoned buildings, etc.)......................................1 2 3 4 5 Animalcontrol................................................................................................... 1 2 3 4 5 Economicdevelopment.....................................................................................1 2 3 4 5 Healthservices................................................................................................... 1 2 3 4 5 Public library services........................................................................................ 1 2 3 4 5 Public information services................................................................................ 1 2 3 4 5 Cabletelevision.................................................................................................. 1 2 3 4 5 Emergency preparedness (services that prepare the community for natural disasters or other emergency situations) ............................................. 1 2 3 4 5 Preservation of natural areas such as open space, farmlands and greenbelts..... 1 2 3 4 5 ABCopen space................................................................................................. 1 2 3 4 5 XYZ-sponsored special events........................................................................... 1 2 3 4 5 Overall customer service by ABC employees (police, receptionists, planners, etc.).............................................................................. 1 2 3 4 5 11. Overall, how would you rate the quality of the services provided by each of the following? Excellent Good Fair Poor Don't know The XYZ of ABC..............................................................................................1 2 3 4 5 The Federal Government..................................................................................1 2 3 4 W�ffi 12. Please rate the following categories of ABC government performance: Excellent Good Fair Poor Don't know The value of services for the taxes paid to ABC ................................................ 1 2 3 4 5 The overall direction that ABC is taking........................................................... 1 2 3 4 5 The job ABC government does at welcoming citizen involvement ................... 1 2 3 4 5 Overall confidence in ABC government............................................................1 2 3 4 5 Generally acting in the best interest of the community ..................................... 1 2 3 4 5 Beinghonest.......................................................................................................1 2 3 4 5 Treating all residents fairly................................................................................ 1 2 3 4 5 Page 3 of 5 Packet Pg. 217 6.4.a THEN qw; b The National Citizen Survey(' 13. Please rate how important, if at all, you think it is for the ABC community to focus on each of the following in the coming two years: Very Somer-,hat Not at all Essential iftortant imtortant imiiortant Overall feeling of safety in ABC......................................................................................... 1 2 3 4 Overall ease of getting to the places you usually have to visit ............................................ 1 2 3 4 Quality of overall natural environment in ABC................................................................ 1 2 3 4 Overall "built environment" of ABC (including overall design, buildings, parks and transportation systems)................................................................. 1 2 3 4 Health and wellness opportunities in ABC........................................................................ 1 2 3 4 Overall opportunities for education and enrichment......................................................... 1 2 3 4 Overall economic, health of ABC....................................................................................... 1 2 3 4 Senseof community........................................................................................................... 1 2 3 4 xx. Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 Custom Question #1 O Scale point 1 O Scale point 2 O Scale point 3 O Scale point 4 O Scale point5 xx. Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 Custom Question #2 O Scale point 1 O Scale point 2 O Scale point 3 O Scale point 4 O Scale point5 xx. Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 Custom Question #3 O Scale point 1 O Scale point 2 O Scale point 3 O Scale point 4 O Scale point5 xx. OPTIONAL [See Worksheets for details and price of this option] Open -Ended Question Open -Ended Question Open -Ended Question Open -Ended Question Open -Ended Question Open -Ended Question Open -Ended Question Open -Ended Question Open -Ended Question Open -Ended Question Open -Ended Question Open - Ended Question Packet Pg. 218 6.4.a The XYZ of ABC 2016 Citizen Survey Our last questions are about you and your household. Again, all of your responses to this survey are completely anonymous and will be reported in group form only. DI. How often, if at all, do you do each of the following, considering all of the times you could? .Never Rarely Sometimes Usaally Alu ays Recycleat home............................................................................................. 1 2 3 4 5 Purchase goods or services from a business located in ABC .......................... 1 2 3 4 5 Eat at least 5 portions of fruits and vegetables a day ...................................... 1 2 3 4 5 Participate in moderate or vigorous physical activity ..................................... 1 2 3 4 5 Read or watch local news (via television, paper, computer, etc.) ................... 1 2 3 4 5 Votein local elections..................................................................................... 1 2 3 4 5 D2. Would you say that in general your health is: O Excellent O Very good O Good O Fair O Poor D3. What impact, if any, do you think the economy will have on your family income in the next 6 months? Do you think the impact will be: O Very positive O Somewhat positive O Neutral O Somewhat negative O Very negative D4. What is your employment status? O Working full time for pay O Working part time for pay O Unemployed, looking for paid work O Unemployed, not looking for paid work O Fully retired D5. Do you work inside the boundaries of ABC? O Yes, outside the home O Yes, from home O No D6. How many years have you lived in ABC? O Less than 2 years O 11-20 years O 2-5 years O More than 20 years O 6-10 years D7. Which best describes the building you live in? O One family house detached from any other houses O Building with two or more homes (duplex, townhome, apartment or condominium) O Mobile home O Other D8. Is this house, apartment or mobile home... O Rented O Owned D9. About how much is your monthly housing cost for the place you live (including rent, mortgage payment, property tax, property insurance and homeowners' association (HOA) fees)? O Less than $300 per month O $300 to $599 per month O $600 to $999 per month O $1,000 to $1,499 per month O $1,500 to $2,499 per month O $2,500 or more per month D10. Do any children 17 or under live in your household? O No O Yes DI 1. Are you or any other members of your household aged 65 or older? O No O Yes D12. How much do you anticipate your household's total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.) O Less than $25,000 O $25,000 to $49,999 O $50,000 to $99,999 O $100,000 to $149,999 O $150,000 or more Please respond to both questions D13 and D14: D13. Are you Spanish, Hispanic or Latino? O No, not Spanish, Hispanic or Latino O Yes, I consider myself to be Spanish, Hispanic or Latino D14. What is your race? (Mark one or more races to indicate what race you consider yourself to be.) O American Indian or Alaskan Native O Asian, Asian Indian or Pacific Islander O Black or African American O White O Other D 15. In which category is your age? O 18-24 years O 55-64 years O 25-34 years O 65-74 years O 35-44 years O 75 years or older O 45-54 years D16. What is your sex? O Female O Male D17. Do you consider a cell phone or land line your primary telephone number? O Cell O Land line O Both Thank you for completing this survey. Please return the completed survey in the postage -paid envelope to: National Research Center, Inc., PO Box 549, Belle Mead, NJ 08502 m CL A d U) c m U cc c r Z LO M Page 5 of 5 Packet Pg. 219 CUSTOMIZED QUESTIONS ADDED TO NATIONAL CITIZEN SURVEY 6.4.b 14. In order to maintain the paved surfaces of our City streets, how much would you support or oppose use of the following potential funding sources: (Strongly support, somewhat support, somewhat oppose, strongly oppose, don't know) Increase in City vehicle license fees Vote to increase local property tax levy for streets 15. In order to enhance the service level for Parks and Recreation, how much would you support or oppose use of the following potential funding sources: (Strongly support, somewhat support, somewhat oppose, strongly oppose, don't know) Vote to form a Metropolitan Park District as a dedicated taxing authority. Vote to increase property tax levy for maintenance and operations. Vote to increase property tax levy for capital needs, including acquisition, park development, bonding for specific parks projects and infrastructure. 16. Please indicate whether or not you currently perceive barriers to living in Edmonds based on your: No Yes Age Gender Race National origin Religion Disability Sexual orientation or gender identity 17. How likely or unlikely would you be to support increased funding to enhance the following Police - related services: (Strongly support, somewhat support, somewhat oppose, strongly oppose, don't know) Increased patrol presence for crime deterrence, detection and apprehension Traffic enforcement Crime Prevention Services 24-hour coverage at Police Department front counter Youth Services programs (High School Resource Officer, DARE, GREAT, etc.) Crime analysis Domestic Violence Services 18. Rate how much the following are regular sources of information for you about City functions, activities, programs and events through the following channels: (Major source, minor source, not a source.) Printed media (newspaper, magazine, etc.) City website or Facebook page Online media Posters, banners or other signage Word of mouth Packet Pg. 220 6.5 City Council Agenda Item Meeting Date: 04/12/2016 Downtown Restroom Budget Authorization (15 min.) Staff Lead/Author: Patrick Doherty Department: Economic Development Initiated By: Background/History The Strategic Action Plan includes Action Item 3a.2 that reads as follows: Develop a public restroom facility to serve pedestrians, customers, and tourists in the Downtown district. In pursuit of this Action Item, and in response to growing public demand, the City Council approved a preliminary budget allocation of $260,000 in the 2016 budget to develop a Downtown restroom on the City -owned parking lot adjacent to City Hall. That allocation was comprised of $110,000 from the General Fund, $90,000 from REET 1, and $60,000 from the Lodging Tax Fund 120. Since that time the Edmonds Downtown Alliance has committed $10,000, and the Noon Rotary Club has committed $5,000 (with a prospective match by the Rotary District office of $5,000). Total committed funds to date equal: $275,000. Two grant applications were submitted to Snohomish County (tourism grant and REET infrastructure grant) to supplement the City -budgeted funds. Both grants were denied. The importance of the proposed restroom is to encourage more people, especially families with children, to visit Downtown Edmonds, and stay longer, without fear that there will be no restroom facilities to accommodate their needs, as one would find at a shopping mall or other private or controlled venue. Through this effort, therefore, we hope to increase the amount and duration of visitor stays in Downtown Edmonds, thereby enhancing the sense of liveliness and sense of community and increasing resultant economic activity. Staff Recommendation Place on 4/19 Consent Agenda to approve appropriation from REET 2 Fund of additional $115,000 for Downtown Restroom Narrative Since the beginning of the year conceptual site planning and design development have been completed, as well updated cost estimates. An ad hoc review committee was formed to provide input and guidance on the siting and design options. The committee included Lauri Strauss of the Architectural Design Board, Lesly Kaplan of the Historic Preservation Commission, and Clayton Moss of the Edmonds Downtown Alliance Board. Packet Pg. 221 6.5 Two site plan concepts were initially developed for consideration: 1. Concept One locates the restroom on one side of the parking lot, displacing approximately 3 existing parking stalls, while leaving the parking stalls opposite the restroom in place across the 24-foot drive aisle. Bollards would be placed to keep cars away from the restroom entry/exit area. Current cost estimate for this concept is approximately $311,000. Concerns raised by the ad hoc committee members over potential conflicts between pedestrians, strollers, children, etc., and the cars backing out of the parking spaces opposite the restroom. In addition, little area would be available for a seating/waiting area. (See attached materials.) 2. Concept Two is an alternative site plan that was developed in response to concerns expressed over Concept One. The restroom is placed on the south side of the parking lot (adjacent to the Rusty Pelican building) and the area opposite it (on the north side, adjacent to City Hall) would be developed with a landscaped plaza. This would provide seating/waiting areas near the restroom, out of the swing of backing cars, and on the sunny side of the property. To compensate for displaced parking, this option entails restriping and relandscaping the parking lot, with a net loss of one parking space. The current cost estimate for this concept is approximately $352,000. (See attached materials.) At the 3/22/16 Council meeting, a majority of Councilmembers expressed interest in pursuing a variation of Concept Two - one that would also include a unisex/family restroom. Since that time staff and the contracted designer have worked with the restroom vendor and have developed this option. Given that the restroom is somewhat larger in order to accommodate the additional room, the cost is higher. The all -in cost estimate for this option is $390,000. (See attached materials for revised site plan and restroom lay -out.) Budgetary Implications Pursuant to Council direction to proceed with the Concept Two site plan, supplemented by the addition of a unisex/family restroom to the building, the restroom lay -out illustrated in the attached materials is proposed, with a resultant cost estimate of $390,000. With $275,000 already committed by City Council and local partners, an additional authorization of $115,000 will be necessary. Additional City funds available for this appropriation would derive from the 2015 positive REET 1 (Fund 126) ending cash balance of $2.2 million, approximately $250,000 more than budgeted. Attachments: Conceptual Design Development - Downtown Restroom Packet Pg. 222 0) in iu Attachment: Conceptual Design Development - Downtown Restroom (1145 : Downtown Restroom Budget Authorization) Attachment: Conceptual Design Development - Downtown Restroom (1145 : Downtown Restroom Budget Authorization) Concept One IS 0) 61 iu Attachment: Conceptual Design Development - Downtown Restroom (1145 : Downtown Restroom Budget Authorization) oE Attachment: Conceptual Design Development - Downtown Restroom (1145 : Downtown Restroom Budget Authorization) Attachment: Conceptual Design Development - Downtown Restroom (1145 : Downtown Restroom Budget Authorization) Ks, Attachment: Conceptual Design Development - Downtown Restroom (1145 : Downtown Restroom Budget Authorization) Enhanced Concept Two (including unisex/family room) 6.6 City Council Agenda Item Meeting Date: 04/12/2016 Recreation & Conservation Office (RCO) Grant Resolutions (10 min.) Staff Lead/Author: Renee McRae Department: Parks, Recreation & Cultural Services Initiated By: Background/History Beach access and shoreline rehabilitation are elements of the waterfront redevelopment and restoration project, and are a top priority in the Parks, Recreation, and Open Space Plan, the CIP, CFP, Shoreline Masterplan Program. City Council received a briefing on this project at the Council Retreat, March 4, 2016. Staff Recommendation Forward the resolutions to the April 19 City Council Consent Agenda. Narrative The City of Edmonds Parks, Recreation & Cultural Services Department intends to apply for a WWRP Water Access grant and an ALEA grant in this year's open grant cycle through the Recreation & Conservation Office (RCO) for the waterfront redevelopment and restoration project adjacent to the Edmonds Senior Center. Beach access and shoreline rehabilitation are elements of the waterfront redevelopment and restoration project, and are a top priority in the Parks, Recreation, and Open Space Plan, the CIP, CFP, Shoreline Masterplan Program. Grants are due May 2. Each grant requires that the Mayor signs a resolution to demonstrate the City's commitment to this project. Attachments: WWRP authorizing resolution EWR ALEA authorizing resolution EWR Packet Pg. 231 6.6.a Recreation and Conservation Office Washington Wildlife and Recreation Program (WWRP) Application Resolution/Authorization Organization Name City of Edmonds Resolution No. (if applicabl Project Name and Number (s) Edmonds Waterfront Redevelopment and Restoration #16-1713 This form authorizes submitting application(s) for grant funding assistance for Washington Wildlife and Recreation Program (WWRP) project(s) to the Recreation and Conservation Funding Board as provided in Chapter 79A.15 and 79A.25 RCW, WAC 286, and other applicable authorities. WHEREAS, our organization has approved a comprehensive parks and recreation or habitat conservation plan that includes this project; and WHEREAS, under provisions of the WWRP program, state grant assistance is requested to aid in financing the cost of redevelopment and restoration; and WHEREAS, our organization considers it in the best public interest to complete the project described in the application(s). NOW, THEREFORE, BE IS RESOLVED that: 1. The Mayor of Edmonds is authorized to make formal application to the Recreation and Conservation c Funding Board for grant assistance. m L 2. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's web site at: http://www.rco.wa.gov/documents/manuals&forms/SampleProjAgreement.pdf and authorizes David O. Earling, Mayor to enter into such a project agreement, if funding is awarded. We understand and acknowledge that the project agreement will contain the indemnification (applicable to any sponsor) and r waiver of sovereign immunity (applicable to Tribes) and other terms and conditions that are contained in the sample project agreement. The sample project agreement may be revised periodically by the w Recreation and Conservation Office. Our organization recognizes that such changes might occur prior to c our authorized representative signing the actual project agreement, and we accept the responsibility and r the presumption that our authorized representative shall have conferred with us as to any such changes o before he/she executes the project agreement on behalf of our organization and so executes with our i authorization. aM 3. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 4. Our organization expects our matching share of project funding will be derived from Park Impact Fees and/or an ALEA Grant and that pursuant to WAC 286-13-040 we must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash commitments to this project should they not materialize. S. We acknowledge that if the Recreation and Conservation Funding Board approves grant assistance for the project(s), the Recreation and Conservation Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Recreation and Conservation Office after we incur eligible and allowable costs and pay them. The Recreation and Conservation Office may also determine an amount of retainage and hold that amount until the project is complete. 6. We acknowledge that any property owned by our organization that is developed, renovated or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity after the project is Packet Pg. 232 6.6.a complete unless otherwise provided and agreed to by our organization and the Recreation and Conservation Funding Board in the project agreement or an amendment thereto. 7. This application authorization becomes part of a formal application to the Recreation and Conservation Funding Board for grant assistance. 8. We provided appropriate opportunity for public comment on this application. 9. We certify that this application authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. This application authorization was adopted by our organization during the meeting held: Location City Council Chambers, 250 5t" Avenue N, Edmonds WA 98020 Date April 19, 2016 Signed and approved on behalf of the resolving body of the organization by the following authorized representative: Signed Title Mayor Date Washington State Attorney General's Office Approved as to form�March 15, 2016 Assistant Attorney General Date Packet Pg. 233 6.6.b Recreation and Conservation Office Aquatic Lands Enhancement Account (ALEA) Application Resolution/Authorization Organization Name City of Edmonds Resolution No. (if applicabl Project Name and Number (s) Edmonds Waterfront Redevelopment and Restoration #16-1769 This form authorizes submitting application(s) for grant funding assistance for Aquatic Lands Enhancement Account (ALEA) project(s) to the Recreation and Conservation Funding Board as provided in RCW 79.105.150, 79A.25 RCW, WAC 286, and other applicable authorities. WHEREAS, under provisions of the ALEA program, state grant assistance is requested to aid in financing the cost of redevelopment and restoration; and WHEREAS, our organization considers it in the best public interest to complete the project described in the application(s). NOW, THEREFORE, BE IS RESOLVED that: 1. The Mayor of Edmonds is authorized to make formal application to the Recreation and Conservation Funding Board for grant assistance. m 0 2. Our organization has reviewed the sample project agreement on the Recreation and Conservation Office's Web site v at: www.rco.wa.gov/documents/manuals&forms/SampleProeAgreement.pdf and authorizes Mayor David O. Earling c g to enter into such a project agreement, if funding is awarded. We understand and acknowledge that the project agreement will contain the indemnification (applicable to any sponsor) and waiver of sovereign immunity (applicable to Tribes) and other terms and conditions that are contained in the sample project agreement. The sample project agreement may be revised periodically by the Recreation and Conservation Office. Our organization recognizes that such changes might occur prior to our authorized representative signing the actual project agreement, and we accept the responsibility and the presumption that our authorized representative shall have conferred with us as to any such changes before he/she executes the project agreement on behalf of our organization and so executes with our authorization. w 3. Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the project(s) referenced above. 4. Our organization expects our matching share of project funding will be derived from Park Impact Fees and/or a WWRP Water Access Grant and that pursuant to WAC 286-13-040 we must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non -cash commitments to this project should they not materialize. 5. We acknowledge that if the Recreation and Conservation Funding Board approves grant assistance for the project(s), the Recreation and Conservation Office will pay us on only a reimbursement basis. We understand reimbursement basis means that we will only request payment from the Recreation and Conservation Office after we incur eligible and allowable costs and pay them. The Recreation and Conservation Office may also determine an amount of retainage and hold that amount until the project is complete. 6. We acknowledge that any property owned by our organization that is developed, renovated or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity after the project is complete unless otherwise provided and agreed to by our organization and the Recreation and Conservation Funding Board in the project agreement or an amendment thereto. 7. This application authorization becomes part of a formal application to the Recreation and Conservation Funding Board for grant assistance. Packet Pg. 234 6.6.b 8. We provided appropriate opportunity for public comment on this application. 9. We certify that this application authorization was properly and lawfully adopted following the requirements of our organization and applicable laws and policies and that the person signing as authorized representative is duly authorized to do so. This application authorization was adopted by our organization during the meeting held: Location City Council Chambers, 250 5`" Ave N, Edmonds WA 98020 Date April 19, 2016 Signed and approved on behalf of the resolving body of the organization by the following authorized representative: Signed Title Washington State Attorney General's Office Date Approved as to form March March 18, 2016 Assistant Attorney General Date r Packet Pg. 235 6.7 City Council Agenda Item Meeting Date: 04/12/2016 Snohomish County ILA Amendment No 3 (10 min.) Staff Lead/Author: Carrie Hite Department: Parks, Recreation & Cultural Services Initiated By: Background/History Council authorized the Mayor to sign the original Interlocal Agreement with Snohomish County in 2013 for purchase of a beachfront property. Council authorized the Mayor to sign the Amendment No. 1 to this agreement, allowing for the funds to be used for the purchase of Civic Field. Council has met several times in Executive Session to discuss pricing offers during the negotiations process with the Edmonds School District. Council has adopted the Strategic Action Plan, PROS plan, and Comprehensive Plans, all identifying this purchase as a priority. Council authorized the Purchase and Sale Agreement for Civic on November 10, 2015. Council discussed this Amendment No 2 on January 26, 2016 and approved it at the Feb. 2nd 2016 meeting. This is the third Amendment to the Snohomish County ILA. Staff Recommendation Council forward for approval on consent for April 19, 2016. Narrative The City entered into an Interlocal Agreement with Snohomish County to receive $500,000 of Conservation Futures funds for acquisition of a beachfront property. After many discussions and three formal purchase offers, the owner of the property declined to sell it. In June, 2015, the City presented a proposal to the Conservation Futures Board to use the funds allocated for the beachfront property acquisition for Civic field acquisition. The Board voted unanimously to allow the City to use the funds to help acquire Civic field. City Council authorized the Mayor to sign Amendment No.1, allowing use of the funds for the Civic Field purchase. As required by use of Conservation Future funds, the city needs to file a conservation easement for the property purchased by the funds. Amendment No. 2 was approved by Council on February 2, 2016 and was a revision of the legal description for a conservation easement. This legal description did not include the acreage from the alley. Attached is Amendment No 3, which provides a revised legal description and includes the acreage from the alley. This makes the parcel to be restricted smaller, and adds to the area that will be unrestricted by deed. This gives the City the ability to develop the northwest corner of the property without restrictions. Packet Pg. 236 6.7 The conservation easement, both with the State Recreation Conservation Office funds and the Conservation Futures funds support open space, both active and passive recreation, but do not allow recreational buildings, or a lot of impervious surface to be constructed on the restricted land. Attachments: Amendment No 3 ILA Snohomish County Amendment No 2 ILA Between Snohomish and City Amendment No 1 ILA Between Snohomish County City of Edmonds ILA Snoho Survey and Legal description streets and alley Purchase and Sale Agreement Civic Parcel to be restricted Packet Pg. 237 6.7.a AMENDMENT NO. 3 TO INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS, WASHINGTON CONCERNING ACQUISTION OF PROPERTY WITH SNOHOMISH COUNTY CONSERVATION FUTURES FUNDING THIS AMENDMENT NO. 3 to that certain Interlocal Agreement between Snohomish County and the City of Edmonds, Washington concerning acquisition of property with Snohomish County Conservation Futures Funding (the "Agreement") dated March 12, 2014, and amended by Amendment No. 1 on October 28, 2015 and Amendment No. 2 on March 16, 2016, is made by and between Snohomish County, a political subdivision of the State of Washington (the "County"), and the City of Edmonds, a municipal corporation of the State of Washington (the "City"). NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both parties, the parties agree to AMENDMENT NO. 3 as follows: 1. Section 1 of the Agreement is hereby amended to read in its entirety as follows: 1. Identification of Prope The Property is located in the City of Edmonds, Washington and is generally legally described as follows: LOTS 1 THROUGH 20, BLOCK 99; ALL OF BLOCK 100; LOTS 21 THROUGH 40, BLOCK 101, PLAT OF THE CITY OF EDMONDS, INCLUDING 15 FOOT WIDE VACATED ALLEY IN BLOCK 100, VACATED RIGHT OF WAY OF SPRAGUE STREET AND EDMONDS STREET EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHWEST CORNER OF LOT 40, OF SAID BLOCK 101; THENCE SOUTH 01 °15'06" WEST, ALONG THE EASTERLY RIGHT OF WAY MARGIN OF 6TH AVENUE NORTH, A DISTANCE OF 464.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF VACATED E DMONDS STREET; THENCE SOUTH 88043'50 EAST, ALONG THE SOUTHERLY LINE OF SAID VACATED STREET A DISTANCE OF 176.96 FEET: THENCE NORTH 01015'06" EAST, A DISTANCE OF 464.61 FEET TO THE NORTH LINE OF LOT 35, BLOCK 101; THENCE NORTH 88046'13" WEST, ALONG NORTH LINE OF SAID LOT 35, A DISTANCE OF 176.96 FEET TO THE POINT OF BEGINNING. Packet Pg. 238 6.7.a ALL LYING WITHIN SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, SNOHOMISH COUNTY, WASHINGTON. CONTAINING 262,421.83 SQUARE FEET OR 6.024 ACRES MORE OR LESS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. EXCEPT AS EXPRESSLY MODIFIED IN THIS AMENDMENT NO. 3, ALL TERMS AND CONDITIONS OF THE AGREEMENT AND AMENDMENT NO. 1 AND AMENDMENT NO. 2 SHALL REMAIN IN FULL FORCE AND EFFECT. In witness whereof, the parties hereby execute this Amendment No. 3 to the Agreement. "COUNTY" SNOHOMISH COUNTY in Dave Somers, Executive Date Signed: Approvedasto form only: Deputy Proses ng Attor Date IS "CITY" CITY OF EDMONDS David O. Earling, Mayor Date Signed: oil Packet Pg. 239 6.7.b AMENDMENT NO. 2 TO INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS, WASHINGTON CONCERNING ACQUISTION OF PROPERTY WITH SNOHOMISH COUNTY CONSERVATION FUTURES FUNDING THIS AMENDMENT NO. 2 to that certain Interlocal Agreement between Snohomish County and the City of Edmonds, Washington concerning acquisition of property with Snohomish County Conservation Futures Funding (the "Agreement") dated March 12, 2014, and Amended by Amendment No. 1 on October 28, 2015, is made by and between Snohomish County, a political subdivision of the State of Washington (the "County"), and the City of Edmonds, a municipal corporation of the State of Washington (the "City"). NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both parties, the parties agree to AMENDMENT NO. 2 as follows: 1. Section 1 of the Agreement is hereby amended to read in its entirety as follows: 1. Identification of Prooe The Property is located in the City of Edmonds, Washington and is generally legally described as follows: LOTS 1 THROUGH 20, BLOCK 99; ALL OF BLOCK 100; AND LOTS 21 THROUGH 40, BLOCK 101, PLAT OF THE CITY OF EDMONDS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 39, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, INCLUDING VACATED SPRAGUE AND EDMONDS STREET EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHWEST CORNER OF LOT 40, OF SAID BLOCK 101; THENCE SOUTH 01°15'06" WEST, ALONG THE EASTERLY RIGHT OF WAY MARGIN OF 6TH AVENUE NORTH, A DISTANCE OF 464.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF VACATED EDMONDS STREET; - THENCE SOUTH 88043'50 EAST, ALONG THE SOUTHERLY LINE OF SAID VACATED STREET A DISTANCE OF 157.60 FEET: THENCE NORTH 0101506" EAST, A DISTANCE OF 464.59 FEET TO THE NORTH LINE OF LOT 35, BLOCK 101; THENCE NORTH 88046'13" WEST, ALONG NORTH LINE OF SAID LOT 35, A DISTRANCE OF 157.60 FEET TO THE POINT OF BEGINNING. Packet Pg. 240 6.7.b ALL LYING WITHIN SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, SNOHOMISH COUNTY, WASHINGTON. CONTAINING 271,415.76 SQUARE FEET OR 6.231 ACRES MORE OR LESS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. 2. Section 5.2 of the Agreement is hereby amended to read in its entirety as follows: 5.2 Immediately following acquisition of the Property, execute and record an instrument conveying a Conservation Easement for the Property to the County in substantially the form of attached hereto as Exhibit A (the "Conservation Easement'). EXCEPT AS EXPRESSLY MODIFIED IN AMENDMENT NO. 1 AND HEREIN, ALL TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. In witness whereof, the parties hereby execute this Amendment No. 2 to the Agreement. "COUNTY" SNOHOMISH COUNTY In Dave Somers, Executive Date Signed: Approved as to form only: Deputy Prosecuting Attorney Date "CITY" CITY OF EDMONDS M 2 David O. Earling, Mayor Date Signed: Packet Pg. 241 6.7.b Exhibit A Conservation Easement M O z c aD E c (D E a a J_ r C 7 O U t E O M O C U) Packet Pg. 242 6.7.b After Recording Return to: Assistant Clerk Snohomish County Council 3000 Rockefeller Avenue MS 609 Everett, WA 98201 Document Title: Grant of Conservation Easement Reference Numbers: Grantor: City of Edmonds, a municipal corporation of the State of Washington Grantee: Snohomish County, a political subdivision of the State of Washington Abbreviated Legal Description: Lots 1-20, BI 99; all BI 100, Lots 21-40, BI 101, City of Edmonds TGW vacated streets and Except Ptn 24-27-03 Additional legal on page 15 Assessor's Property Tax Parcel No.: Ptn. 00434209900100, 00434210000000 and 00434210102100 GRANT OF CONSERVATION EASEMENT This grant of a perpetual CONSERVATION EASEMENT (hereinafter "Conservation Easement") is made this day of , 2016, by the City of Edmonds, a municipal corporation of the State of Washington (hereinafter "Grantor"), to Snohomish County, a political subdivision of the State of Washington (hereinafter "Grantee" or "County"), in perpetuity as holder of the Conservation Easement pursuant to RCW 64.04.130. RECITALS A. Grantor is the sole owner in fee simple of the property legally described on Exhibit A, which is attached hereto and incorporated herein by reference (the "Protected Property"), which consists of approximately 6.231 acres of land, located on portions of tax parcel(s) 00434209900100, 00434210000000 and 00434210102100 Snohomish County, Washington; and B. Grantor warrants that Grantor has good legal title to the Protected Property, as well as the right to convey this Conservation Easement, and that the Protected Property is free and clear of any encumbrances except those general exceptions contained in the title policy and any special exceptions shown on the Preliminary Commitment that are accepted by the Grantee; and C. Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or waste on the Protected Property; and D. The Protected Property possesses significant long-term natural and open space values ("Conservation Values") of great importance to the people of Snohomish County for passive recreation; and E. This Conservation Easement is authorized by RCW 64.04.130, the provision of state law governing conservation easements; and M Packet Pg. 243 6.7.b F. The Grantor and the Grantee intend and have the common purpose of retaining the Protected Property for open space and passive recreation by placing restrictions on the use of the Protected Property, which shall continue as a servitude running with the land, and authorizing Grantee to monitor and enforce such restrictions, as described herein; and G. To document the present condition of the Protected Property so that Grantee or its assigns are able to monitor future uses and assure compliance with the terms of this Conservation Easement, Grantee has, at its expense, prepared baseline data consisting of photographs and other documentation summarized in Exhibit B and incorporated herein by reference as though set forth in full (the "Baseline Documentation") that the parties agree provide an accurate representation of the Protected Property as of the date of this Conservation Easement; and H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder of conservation easements under RCW 64.04.130; and I. This Conservation Easement is being purchased with funds provided, in part, by the County's Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW 84.34.220 and chapter 4.14 SCC, which authorizes Snohomish County to purchase conservation easements for the purpose of protecting open space and timber land through restrictions on incompatible uses of the land; NOW, THEREFORE, for and in consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein and in payment of one dollar ($1.00) and other valuable consideration by Grantee, the receipt of which is hereby acknowledged by Grantor, and pursuant to the laws of the State of Washington, including chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows: I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over, under, across and through the Protected Property, as described in Exhibit A attached hereto, to protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the Protected Property as open space pursuant to chapter 84.34 RCW. II. Purpose. The purpose of this Conservation Easement is to assure that the Protected Property will be retained forever in its natural and open space condition and to prevent any use of the Protected Property that will significantly impair or interfere with the Conservation Values. Grantor intends that this Conservation Easement will confine the use of, or activity on, the Protected Property to such uses and activities that are consistent with this purpose. This statement of purpose is intended as a substantive provision of the Conservation Easement. Any ambiguity or uncertainty regarding the application of the provisions of this Conservation Easement will be resolved so as to further this purpose. III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights necessary to accomplish the purpose of this Conservation Easement, including, without limitation, the following: A. The right to protect, conserve, maintain, improve and restore the Conservation Values of the Protected Property; B. The right to enter the Protected Property or allow Grantee's invitees or licensees to enter, at a reasonable time and upon prior written notice to the Grantor, for the Packet Pg. 244 6.7.b following purposes (i) to make general inspection of the Protected Property to monitor compliance with this Conservation Easement; (ii) to protect, preserve, maintain, improve and restore the Conservation Values of the Protected Property; and (iii) to mitigate or terminate any violation or otherwise enforce the provisions of this Conservation Easement. C. The right to enjoin any use of, or activity on, the Protected Property that is inconsistent with the purpose of this Conservation Easement, including trespasses by members of the public, and to require the restoration of such area or features of the Protected Property as may be damaged by uses or activities inconsistent with the provisions of this Conservation Easement, all in accordance with Section XI. D. The right to enforce the terms of this Conservation Easement, consistent with Section XI. E. The right to place a sign on the Protected Property which acknowledges this Conservation Easement, any conditions on access, and any funding contribution to the acquisition of the Conservation Easement. The foregoing are rights, not obligations, and shall not create any third party rights of enforcement. IV. Permitted Uses and Activities. A. Grantor reserves to itself, and to its successors and assigns all rights accruing from its ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not prohibited herein and are not inconsistent with the purpose of this Conservation Easement. In the event Grantor plans to undertake actions that could be inconsistent with the purpose of this Conservation Easement, Grantor shall provide Grantee written notice of such intent not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Conservation Easement. Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantor's notice. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action proposed would be inconsistent with the purpose of this Conservation Easement. B. Any improvements to the Protected Property shall be limited to those which are passive in nature and meet the requirements and intent of RCW 84.34.200-220. Passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnicking facilities, access, restrooms, playgrounds and restoration projects. Active recreational improvements are prohibited. Such improvements include, but are not limited to ball fields, use by motorized vehicles, swimming pools, and recreation centers. n. Packet Pg. 245 6.7.b C. Nothing herein precludes the Grantor from demolishing, removing, and remediating existing improvements on the property as of the date of this Conservation Easement. V. Prohibited Uses and Activities. Neither Grantor nor its licensees or invitees shall use the Protected Property for any activity or purpose that is inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities are expressly prohibited in the Protected Property: A. The placement or construction of any buildings, structures, improvements or equipment of any kind except as permitted in subsection IV. B; B. The continuation, creation, expansion or intensification of any use or activity that is contrary to the purpose of this Conservation Easement or prohibited in this section; C. Mining or extraction of soil, sand, gravel, oil, natural gas or other mineral; D. Dumping or accumulation of trash or refuse; E. The use of motorized vehicles except for those necessary to conduct the uses permitted under this Conservation Easement; and F. Any construction, expansion, repair or other development activity that would result in more than ten percent (10%) of the area of the Protected Property being covered with impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds. VI. Transfer of Property. The Grantor agrees to: A. Incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property, including, without limitation, leasehold interests. B. Describe the Conservation Easement in and append it to any contract for the transfer of any interest in the Protected Property. C. Give written notice to the Grantee of the transfer of any interest in all or any portion of the Protected Property no later than forty five (45) days prior to the date of such transfer. Such notice to the Grantee shall include the name, address and telephone number of the prospective transferee or the prospective transferee's representative. The failure of the Grantor to perform any act required by this subsection shall not impair the validity of this Conservation Easement or limit its enforceability. Vll. Extinguishment. This Conservation Easement may be terminated or extinguished, whether in whole or in part, only under one or more of the following circumstances: 7 Packet Pg. 246 6.7.b A. By judicial determination, by a court having jurisdiction over the Conservation Easement, those circumstances have rendered the purpose of this Conservation Easement impossible to achieve. B. In the event all or any of the Protected Property is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate or other authority, except by the parties hereto. Vlll. Proceeds. In the event of termination or extinguishment of this Conservation Easement, Grantee shall be compensated by Grantor for the fair market value of its interest in the Protected Property as determined by either a real estate appraiser licensed by the State of Washington or a court of competent jurisdiction. IX. Transfer or Assignment of the Conservation Easement. This Conservation Easement is transferable, but Grantee may assign its rights under this Conservation Easement only to an agency or organization that is authorized to acquire and hold conservation easements under RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under §170(h) of the Internal Revenue Code of 1986. As a condition of such transfer, Grantee shall require that the transferee exercise its rights under the assignment consistent with the purpose of this Conservation Easement. X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, and maintenance of the Protected Property. A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. B. Attorneys' fees and costs for enforcement. If the Grantee commences and successfully prosecutes an enforcement action pursuant to Section XI below, the Grantor shall pay all reasonable costs and expenses associated with the enforcement action, including but not limited to, reasonable attorneys' fees. Xl. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of this Conservation Easement. To exercise this authority and thereby further the purpose of this Conservation Easement, the Grantee shall have the following rights under this Conservation Easement, which are subject to the stated limitations: A. Entry onto Protected Property with Reasonable Notice. If the Grantee has reason to believe that a violation of the terms of this Conservation Easement has occurred or is occurring, the Grantee shall have the right to enter the Protected Property, provided that reasonable advance notice is given to the Grantor, for the purpose of inspecting it for violations of any requirement set forth in this Conservation Easement. Additionally, the Grantee shall have the right to enter the Protected Property at least once a year, at a mutually agreed time, for purposes of inspection and compliance monitoring regardless of whether Grantee has reason to believe that a violation of this Conservation Easement exists. B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it believes to be a violation of this Conservation Easement, it may, at its discretion, 1.1 Packet Pg. 247 6.7.b use any available legal or equitable remedy to secure compliance, including but not limited to seeking injunctive relief and/or specific performance requiring the Grantor to cease and desist all activity in violation of the terms of this Conservation Easement and to return the Protected Property to its condition prior to any violation(s). Except when an imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the Grantor written notice of the violation and thirty (30) days in which to take corrective action prior to commencing any legal action. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time or constitute a waiver of its rights. Grantee may use the Baseline Documentation as a basis for enforcing the provisions of this Conservation Easement, but is not limited to the use of the Baseline Documentation to show a change of conditions. C. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damages to the Conservation Values of the Protected Property, Grantee may pursue its remedies under this section without prior notice to Grantor or without waiting for the period provided for cure to expire. D. Scope of Relief. Grantee's rights under this section apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that the Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. E. Costs of Enforcement. In the event Grantee must enforce the terms of this Conservation Easement, any costs of restoration necessitated by acts or omissions of Grantor, its agents, employees, contractors, invitees or licensees in violation of the terms of this Conservation Easement and Grantee's reasonable enforcement expenses, including reasonable attorneys' and consultants' fees and costs, shall be borne by Grantor, its successors or assigns. F. Waiver of Defenses. Grantor acknowledges it has carefully reviewed this Conservation Easement and has consulted or had the opportunity to consult with counsel of its terms and requirements. In full knowledge of the provisions of this Conservation Easement, Grantor hereby waives any claim or defense it may have against Grantee or its successors or assigns under or pertaining to this Conservation Easement based upon waiver, laches, estoppel or prescription. G. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle the Grantee to bring any action against Grantor to abate, correct or restore any condition in the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from causes beyond Grantor's control, including fire, flood, storm, and earth movement or the like. 0 Packet Pg. 248 6.7.b XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify and defend Grantee, its officers, elected and appointed officials, employees and agents (collectively "Indemnified Parties") from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' and consultants' fees arising from or in any way connected with: A. Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the Protected Property that is not a consequence of an activity of the Indemnified Parties undertaken under the rights granted to Grantee under this Conservation Easement; B. Violations or alleged violations of, or other failure to comply with, any federal, state or local law or regulation relating to pollutants or hazardous, toxic or dangerous substances or materials, including without limitation CERCLA (42 U.S.C. 9601 et seq.) and MTCA (ch. 70.105D RCW), by any person other than any of the Indemnified Parties, in any way affecting, involving or relating to the Protected Property, unless such violations or alleged violations are due to the sole acts or omissions of any of the Indemnified Parties on the Protected Property; C. The presence or release in, on, from or about the Protected Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement of any substance hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. XIII. Recordation. Grantee shall record this instrument in the Office of the Snohomish County Auditor and may re-record it at any time. XIV. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to another party under the terms of this Conservation Easement shall be in writing and either served at or mailed to: Grantee: Snohomish County County Executive Office 3000 Rockefeller Avenue, M/S #407 Everett, WA 98201 Grantor(s): City of Edmonds Office of the Mayor 700 Main Street Edmonds, WA 98020 or to such other address as any party from time to time shall designate by written notice to others. 10 Packet Pg. 249 6.7.b XV. General Provisio A. Amendment. If circumstances arise under which an amendment to this Conservation Easement would be appropriate, the Grantor and Grantee may jointly amend this Conservation Easement by a written instrument to be recorded with the Snohomish County Auditor, provided that such an amendment does not diminish the effectiveness of this Conservation Easement in carrying out its purpose to permanently preserve and protect in perpetuity the Conservation Values of the Protected Property. B. Controlling Law. The interpretation or performance of this Conservation Easement shall be governed by the laws of the State of Washington and the Laws of the United States. Any legal proceeding regarding this Conservation Easement shall be initiated in Snohomish County Superior Court. C. Interpretation. This Conservation Easement shall be interpreted to resolve any ambiguities and questions of the validity of specific provisions to give maximum effect to its preservation purpose, as stated in Section II, above. If the Grantor has any doubt concerning the Conservation Easement, covenants, conditions, limitations or restrictions herein contained with respect to any particular use of the said Protected Property, it may submit a written request to the Grantee for consideration and approval of such use. D. Definitions. Any masculine term used in this Conservation Easement shall include the female gender. The terms "Grantor" and "Grantee," wherever used in this Conservation Easement, and any pronouns used in their place, shall be held to mean and include respectively the above named Grantor, its successors, and assigns, and the above -named Grantee, its successors and assigns. E. Entire agreement. This Conservation Easement sets forth the entire agreement of the parties with respect to the issues addressed herein and supersedes all prior discussions, negotiations, understandings, or agreements relating to these issues, all of which are merged herein. F. No forfeiture. Nothing in this Conservation Easement shall result in a forfeiture or revision of Grantor's title in any respect. G. Successors. As stated in the above recitals, all covenants, terms, conditions, and restrictions of this Conservation Easement shall run with the land and be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. H. Severability. If any portion of this Conservation Easement is declared unlawful or invalid, the remainder of the Conservation Easement shall remain in full force and effect. 11 Packet Pg. 250 6.7.b Authority of signatories. The individuals executing this Conservation Easement warrant and represent that they are duly authorized to execute and deliver this Conservation Easement. J. No merger. If Grantee at some future time acquires the underlying fee title in the Protected Property, the interest conveyed by this Deed will not merge with fee title but will continue to exist and be managed as a separate estate. XVI. Environmental Compliance. A. Grantor represents and warrants that, after reasonable investigation and to the best of Grantor's knowledge, , Grantor and the Protected Property are in compliance with all federal, state and local laws, regulations and requirements applicable to the Protected Property and its use, including without limitation all federal, state and local environmental laws, regulations and requirements. B. Grantor further represents and warrants that there has been no release, dumping, burying, abandonment or migration from offsite onto the Property of any substances, materials or wastes that are hazardous, toxic, dangerous or harmful or are designated as, or contain components that are subject to regulation as hazardous, toxic, dangerous or harmful by any federal, state or local law, regulation, statute or ordinance. There is no pending or threatened litigation affecting the Property or any portion of the Property that will materially impair the Conservation Values. No civil or criminal proceedings have been instigated or are pending against Grantor or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Grantor nor its predecessors in interest have received any notice of violation, penalties, claims, demand letters or other notifications relating to a breach of environmental laws. C. Remediation. If at any time there occurs or has occurred a release in, on or about the Property of any substances now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement as hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Grantee, in which case Grantee shall be responsible for remediation. TO HAVE AND TO HOLD unto GRANTEE SNOHOMISH COUNTY, its respective successors and assigns forever. 12 Packet Pg. 251 6.7.b IN WITNESS WHEREOF the parties have, by their authorized officers, set their own hands as of the day and year first stated above. GRANTOR: By: David O. Earling Its: City Mayor STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) 1, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of the , the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Attest: City Clerk APPROVED AS TO FORM City Attorney Date Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: 13 Packet Pg. 252 6.7.b ACCEPTED BY GRANTEE: On _, 201_ the Snohomish County Council adopted Motion -_ authorizing the County Executive to accept the Conservation Easement, pursuant to RCW 64.04.130. GRANTEE: SNOHOMISH COUNTY 0 Dave Somers Snohomish County Executive STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of Snohomish County, the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. APPROVED AS TO FORM: Deputy Prosecuting Attorney Date Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: 14 Packet Pg. 253 6.7.b EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT ForAPN/Parcel ID(s): PT N . 004342-099-001-00 004342-100-000-00 and LOTS 1 THROUGH 20, BLOCK 99; ALL OF BLOCK 100; AND LOTS 21 THROUGH 40, BLOCK 101, PLAT OF THE CITY OF EDMONDS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 39, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, INCLUDING VACATED SPRAGUE AND EDMONDS STREET EXCEPT THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHWEST CORNER OF LOT 40, OF SAID BLOCK 101; THENCE SOUTH 01°15'06" WEST, ALONG THE EASTERLY RIGHT OF WAY MARGIN OF 6TH AVENUE NORTH, A DISTANCE OF 464.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF VACATED EDMONDS STREET; - THENCE SOUTH 88043'50 EAST, ALONG THE SOUTHERLY LINE OF SAID VACATED STREET A DISTANCE OF 157.60 FEET: THENCE NORTH 01 °15'06" EAST, A DISTANCE OF 464.59 FEET TO THE NORTH LINE OF LOT 35, BLOCK 101; THENCE NORTH 88046'13" WEST, ALONG NORTH LINE OF SAID LOT 35, A DISTRANCE OF 157.60 FEET TO THE POINT OF BEGINNING. ALL LYING WITHIN SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, SNOHOMISH COUNTY, WASHINGTON. CONTAINING 271,415.76 SQUARE FEET OR 6.231 ACRES MORE OR LESS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON 15 Packet Pg. 254 6.7.b EXHIBIT B (BASELINE DOCUMENTATION) CURRENT CONDITIONS cY, 0 z c a� E c PROPERTY DATA a a J A. Present Use. >, r c 0 U t E B. Accessibility and Road Frontage. 0 0 c U) ti N C. Land Area. r D. Land Shape. E. Land Contour and Elevations. F. Minerals and Soil. G. Flood Zone Information. H. Flora. I. Wetlands. 16 Packet Pg. 255 6.7.b III. PICTORIAL ASSESSMENT OF CURRENT SITE CONDITIONS The following photographs of the Protected Property are not in recordable form and are available and on file with the Snohomish County Parks and Recreation Department: Said photographs demonstrate current site conditions, features, typical flora, and impact of human development 17 Packet Pg. 256 6.7.c AMENDMENT NO. 1 TO INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS, WASHINGTON CONCERNING ACQUISTION OF PROPERTY WITH SNOHOMISH COUNTY CONSERVATION FUTURES FUNDING THIS AMENDMENT NO. 1 to that certain Interlocal Agreement between Snohomish County and the City of Edmonds, Washington concerning acquisition of property with Snohomish County Conservation Futures Funding (the "Agreement") dated March 12, 2014, is made by and between Snohomish County, a political subdivision of the State of Washington (the "County"), and the City of Edmonds, a municipal corporation of the State of Washington (the "City"). NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both parties, the parties agree to AMENDMENT NO. 1 as follows: 1. The RECITALS of the Agreement are hereby amended to add Recital F, which reads as follows: F. The Snohomish County Conservation Futures Program Advisory Board, at its June 2, 2015 meeting reviewed a request by the City to transfer the recommended funding to another property known as Civic Field, addressed as 310 6t" Avenue North, Edmonds, Washington, and, after consideration, the Board recommended approval of this request. 2. Section 1 of the Agreement is hereby amended to read in its entirety as follows: 1. Identification of Property: The Property is located in the City of Edmonds, Washington and is generally legally described as follows: For APN/Parcel ID(s): 004342-099-001-00, 004342-100-000-00 and 004342- 101-021-00 Lots 1 through 20, Block 99, all of Block 100, and Lots 21 through 40, Block 101, plat of the City of Edmonds, according to the Plat thereof recorded in Volume 2 of Plats, page 39, records of Snohomish County, Washington. Situate in the County of Snohomish, State of Washington. 3. Section 5.1 of the Agreement is hereby amended to read in its entirety as follows: 1 Packet Pg. 257 6.7.c 5.1 Acquire the Property within twenty-four (24) months of the Effective Date of this Agreement and upon closing maintain, operate and conserve the Property for open space and passive park purposes. The City shall undertake all reasonable efforts to acquire the Property but if the owner of is not a willing seller, the City shall not utilize the power of eminent domain to acquire the Property. 4. Section 5.2 of the Agreement is hereby amended to read in its entirety as follows: 5.2 Immediately following acquisition of the Property, execute and record an instrument conveying a Conservation Easement for the Property to the County in substantially the form of attached hereto as Exhibit A (the "Conservation Easement"). EXCEPT AS EXPRESSLY MODIFIED IN THIS AMENDMENT NO. 1, ALL TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. In witness whereof, the parties hereby execute this Amendment No. 1 to the Agreement. "COUNTY" SNOHOMISH COUNTY IN John Lovick, Executive Date Signed: APPROVED AS TO FORM: "CITY" CITY OF EDMONDS David O. Earling, Mayor Date Signed: Attest: Deputy Prosecuting Attorney Date City Clerk APPROVED AS TO FORM: City Attorney Date 2 Packet Pg. 258 6.7.c Exhibit A Conservation Easement 0 E w 4- 0 r Packet Pg. 259 6.7.c After Recording Return to: Assistant Clerk Snohomish County Council 3000 Rockefeller Avenue MS 609 Everett, WA 98201 Document Title: Grant of Conservation Easement Reference Numbers: Grantor: City of Edmonds, a municipal corporation of the State of Washington Grantee: Snohomish County, a political subdivision of the State of Washington Abbreviated Legal Description: Lots 1-20, BI 99; all BI 100, Lots 21-40, BI 101, City of Edmonds Additional legal on page 15 Assessor's Property Tax Parcel No.: 00434209900100, 00434210000000 and 00434210102100 GRANT OF CONSERVATION EASEMENT c 0 This grant of a perpetual CONSERVATION EASEMENT (hereinafter "Conservation Easement") E is made this day of 201_, by the City of Edmonds, a municipal corporation w of the State of Washington (hereinafter "Grantor"), to Snohomish County, a political subdivision 0 of the State of Washington (hereinafter "Grantee" or "County"), in perpetuity as holder of the Conservation Easement pursuant to RCW 64.04.130. RECITALS A. Grantor is the sole owner in fee simple of the property legally described on Exhibit A, which is attached hereto and incorporated herein by reference (the "Protected Property"), which consists of approximately eight (8) acres of land, located on tax parcel 00434209900100, 00434210000000 and 00434210102100 Snohomish County, Washington; and B. Grantor warrants that Grantor has good legal title to the Protected Property, as aD well as the right to convey this Conservation Easement, and that the Protected Property is free 0° and clear of any encumbrances except those general exceptions contained in the title policy and any special exceptions shown on the Preliminary Commitment that are accepted by the Grantee; and 0 C. Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or waste on the Protected Property; and D. The Protected Property possesses significant long-term natural and open space values ("Conservation Values") of great importance to the people of Snohomish County for passive recreation; and E. This Conservation Easement is authorized by RCW 64.04.130, the provision of state law governing conservation easements; and 0 Packet Pg. 260 6.7.c F. The Grantor and the Grantee intend and have the common purpose of retaining the Protected Property for open space and passive recreation by placing restrictions on the use of the Protected Property, which shall continue as a servitude running with the land, and authorizing Grantee to monitor and enforce such restrictions, as described herein; and G. To document the present condition of the Protected Property so that Grantee or its assigns are able to monitor future uses and assure compliance with the terms of this Conservation Easement, Grantee has, at its expense, prepared baseline data consisting of photographs and other documentation summarized in Exhibit B and incorporated herein by reference as though set forth in full (the "Baseline Documentation") that the parties agree provide an accurate representation of the Protected Property as of the date of this Conservation Easement; and H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder of conservation easements under RCW 64.04.130; and I. This Conservation Easement is being purchased with funds provided, in part, by ti the County's Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW 84.34.220 and chapter 4.14 SCC, which authorizes Snohomish County to purchase conservation easements for the purpose of protecting open space and timber land through restrictions on incompatible uses of the land; c L= NOW, THEREFORE, for and in consideration of the above recitals and the mutual w covenants, terms, conditions, and restrictions contained herein and in payment of one dollar c ($1.00) and other valuable consideration by Grantee, the receipt of which is hereby acknowledged by Grantor, and pursuant to the laws of the State of Washington, including chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows: I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over, under, across and through the Protected Property, as described in Exhibit A attached hereto, to protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the Protected Property as open space pursuant to chapter 84.34 RCW. II. Purpose. The purpose of this Conservation Easement is to assure that the Protected Property will be retained forever in its natural and open space condition and to prevent any use 3 of the Protected Property that will significantly impair or interfere with the Conservation Values. M Grantor intends that this Conservation Easement will confine the use of, or activity on, the 0° Protected Property to such uses and activities that are consistent with this purpose. This statement of purpose is intended as a substantive provision of the Conservation Easement. Any ambiguity or uncertainty regarding the application of the provisions of this Conservation 0 z Easement will be resolved so as to further this purpose. III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights necessary to accomplish the purpose of this Conservation Easement, including, without limitation, the following: A. The right to protect, conserve, maintain, improve and restore the Conservation Values of the Protected Property; 61 Packet Pg. 261 6.7.c B. The right to enter the Protected Property or allow Grantee's invitees or licensees to enter, at a reasonable time and upon prior written notice to the Grantor, for the following purposes (i) to make general inspection of the Protected Property to monitor compliance with this Conservation Easement; (ii) to protect, preserve, maintain, improve and restore the Conservation Values of the Protected Property; and (iii) to mitigate or terminate any violation or otherwise enforce the provisions of this Conservation Easement. C. The right to enjoin any use of, or activity on, the Protected Property that is inconsistent with the purpose of this Conservation Easement, including trespasses by members of the public, and to require the restoration of such area or features of the Protected Property as may be damaged by uses or activities inconsistent with the provisions of this Conservation Easement, all in accordance with Section XI. D. The right to enforce the terms of this Conservation Easement, consistent with Section XI. E. The right to place a sign on the Protected Property which acknowledges this r Conservation Easement, any conditions on access, and any funding contribution to the acquisition of the Conservation Easement. c E The foregoing are rights, not obligations, and shall not create any third party rights of w enforcement. c IV. Permitted Uses and Activities. A. Grantor reserves to itself, and to its successors and assigns all rights accruing c from its ownership of the Protected Property, including the right to engage in or U permit or invite others to engage in all uses of the Protected Property that are not y prohibited herein and are not inconsistent with the purpose of this Conservation E Easement. In the event Grantor plans to undertake actions that could be M inconsistent with the purpose of this Conservation Easement, Grantor shall c Cn provide Grantee written notice of such intent not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material 3 aspect of the proposed activity in sufficient detail to permit Grantee to make an m informed judgment as to its consistency with the purpose of this Conservation J Easement. Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantor's notice. Grantee's approval may be withheld only o upon a reasonable determination by Grantee that the action proposed would be Z inconsistent with the purpose of this Conservation Easement. a B. Any improvements to the Protected Property shall be limited to those which are passive in nature and meet the requirements and intent of RCW 84.34.200-220. Passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnicking facilities, access, restrooms, playgrounds and restoration projects. Active recreational improvements are prohibited. Such improvements include, but are not limited to ball fields, use by motorized vehicles, swimming pools, and recreation centers. A Packet Pg. 262 6.7.c C. Nothing herein precludes the Grantor from demolishing, removing, and remediating existing improvements on the property as of the date of this Conservation Easement. V. Prohibited Uses and Activities. Neither Grantor nor its licensees or invitees shall use the Protected Property for any activity or purpose that is inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities are expressly prohibited in the Protected Property: A. The placement or construction of any buildings, structures, improvements or equipment of any kind except as permitted in subsection IV. B; B. The continuation, creation, expansion or intensification of any use or activity that is contrary to the purpose of this Conservation Easement or prohibited in this section; C. Mining or extraction of soil, sand, gravel, oil, natural gas or other mineral; D. Dumping or accumulation of trash or refuse; E. The use of motorized vehicles except for those necessary to conduct the uses c permitted under this Conservation Easement; and E w F. Any construction, expansion, repair or other development activity that would G result in more than ten percent (10%) of the area of the Protected Property being covered with impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds. VI. Transfer of Property. The Grantor agrees to: A. Incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property, including, without limitation, leasehold interests. B. Describe the Conservation Easement in and append it to any contract for the 3 transfer of any interest in the Protected Property. m C. Give written notice to the Grantee of the transfer of any interest in all or any portion of the Protected Property no later than forty five (45) days prior to the date of such transfer. Such notice to the Grantee shall include the name, 0 z address and telephone number of the prospective transferee or the prospective transferee's representative. The failure of the Grantor to perform any act required by this subsection shall not impair the validity of this Conservation Easement or limit its enforceability. VII. Extinguishment. This Conservation Easement may be terminated or extinguished, whether in whole or in part, only under one or more of the following circumstances: 7 Packet Pg. 263 6.7.c A. By judicial determination, by a court having jurisdiction over the Conservation Easement, those circumstances have rendered the purpose of this Conservation Easement impossible to achieve. B. In the event all or any of the Protected Property is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate or other authority, except by the parties hereto. Vlll. Proceeds. In the event of termination or extinguishment of this Conservation Easement, Grantee shall be compensated by Grantor for the fair market value of its interest in the Protected Property as determined by either a real estate appraiser licensed by the State of Washington or a court of competent jurisdiction. IX. Transfer or Assignment of the Conservation Easement. This Conservation Easement is Ln transferable, but Grantee may assign its rights under this Conservation Easement only to an o agency or organization that is authorized to acquire and hold conservation easements under 0 RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under §170(h) cn of the Internal Revenue Code of 1986. As a condition of such transfer, Grantee shall require that the transferee exercise its rights under the assignment consistent with the purpose of this Conservation Easement. X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and o liabilities of any kind related to ownership, operation, upkeep, and maintenance of the Protected E Property. w 4- 0 A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes � and assessments levied against the Protected Property. , B. Attorneys' fees and costs for enforcement. If the Grantee commences and successfully prosecutes an enforcement action pursuant to Section XI below, the Grantor shall pay all reasonable costs and expenses associated with the enforcement action, including but not limited to, reasonable attorneys' fees. XI. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of this Conservation Easement. To exercise this authority and thereby further the purpose of this Conservation Easement, the Grantee shall have the following rights under this Conservation Easement, which are subject to the stated limitations: A. Entry onto Protected Property with Reasonable Notice. If the Grantee has reason to believe that a violation of the terms of this Conservation Easement has occurred or is occurring, the Grantee shall have the right to enter the Protected Z Property, provided that reasonable advance notice is given to the Grantor, for the purpose of inspecting it for violations of any requirement set forth in this 0 Conservation Easement. Additionally, the Grantee shall have the right to enter the Protected Property at least once a year, at a mutually agreed time, for purposes of inspection and compliance monitoring regardless of whether a Grantee has reason to believe that a violation of this Conservation Easement exists. B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it believes to be a violation of this Conservation Easement, it may, at its discretion, Packet Pg. 264 6.7.c use any available legal or equitable remedy to secure compliance, including but not limited to seeking injunctive relief and/or specific performance requiring the Grantor to cease and desist all activity in violation of the terms of this Conservation Easement and to return the Protected Property to its condition prior to any violation(s). Except when an imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the Grantor written notice of the violation and thirty (30) days in which to take corrective action prior to commencing any legal action. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time or constitute a waiver of its rights. Grantee may use the Baseline Documentation as a basis for enforcing the provisions of this Conservation Easement, but is not limited to the use of the Baseline Documentation to show a change of conditions. C. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damages to the Conservation Values of the Protected Property, Grantee may pursue its remedies under this section without prior notice to Grantor or without waiting for the period provided for cure to expire. D. Scope of Relief. Grantee's rights under this section apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. o Grantor agrees that the Grantee's remedies at law for any violation of the terms E of this Conservation Easement are inadequate and that Grantee shall be entitled w to the injunctive relief described in this section, both prohibitive and mandatory, in ° addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal c remedies. Grantee's remedies described in this section shall be cumulative and o shall be in addition to all remedies now or hereafter existing at law or in equity. v E. Costs of Enforcement. In the event Grantee must enforce the terms of this Conservation Easement, any costs of restoration necessitated by acts or omissions of Grantor, its agents, employees, contractors, invitees or licensees in violation of the terms of this Conservation Easement and Grantee's reasonable enforcement expenses, including reasonable attorneys' and consultants' fees and costs, shall be borne by Grantor, its successors or assigns. F. Waiver of Defenses. Grantor acknowledges it has carefully reviewed this Conservation Easement and has consulted or had the opportunity to consult with counsel of its terms and requirements. In full knowledge of the provisions of this Z Conservation Easement, Grantor hereby waives any claim or defense it may have against Grantee or its successors or assigns under or pertaining to this E Conservation Easement based upon waiver, laches, estoppel or prescription. r G. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle the Grantee to bring any action against Grantor to abate, correct or restore any condition in the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from causes beyond Grantor's control, including fire, flood, storm, and earth movement or the like. Packet Pg. 265 6.7.c XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify and defend Grantee, its officers, elected and appointed officials, employees and agents (collectively "Indemnified Parties") from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' and consultants' fees arising from or in any way connected with: A. Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the Protected Property that is not a consequence of an activity of the Indemnified Parties undertaken under the rights granted to Grantee under this Conservation Easement; B. Violations or alleged violations of, or other failure to comply with, any federal, state or local law or regulation relating to pollutants or hazardous, toxic or dangerous substances or materials, including without limitation CERCLA (42 U.S.C. 9601 et seq.) and MTCA (ch. 70.105D RCW), by any person other than any of the Indemnified Parties, in any way affecting, involving or relating to the Protected Property, unless such violations or alleged violations are due to the sole acts or omissions of any of the Indemnified Parties on the Protected Property; C. The presence or release in, on, from or about the Protected Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement of any substance hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. XIII. Recordation. Grantee shall record this instrument in the Office of the Snohomish County Auditor and may re-record it at any time. XIV. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to another party under the terms of this Conservation Easement shall be in writing and either served at or mailed to: Grantee: Snohomish County County Executive Office 3000 Rockefeller Avenue, M/S #407 Everett, WA 98201 Grantor(s): City of Edmonds Office of the Mayor 700 Main Street Edmonds, WA 98020 or to such other address as any party from time to time shall designate by written notice to others. 10 Packet Pg. 266 6.7.c XV. General Provisions. A. Amendment. If circumstances arise under which an amendment to this Conservation Easement would be appropriate, the Grantor and Grantee may jointly amend this Conservation Easement by a written instrument to be recorded with the Snohomish County Auditor, provided that such an amendment does not diminish the effectiveness of this Conservation Easement in carrying out its purpose to permanently preserve and protect in perpetuity the Conservation Values of the Protected Property. B. Controlling Law. The interpretation or performance of this Conservation Easement shall be governed by the laws of the State of Washington and the Laws of the United States. Any legal proceeding regarding this Conservation Easement shall be initiated in Snohomish County Superior Court. C. Interpretation. This Conservation Easement shall be interpreted to resolve any ambiguities and questions of the validity of specific provisions to give maximum effect to its preservation purpose, as stated in Section II, above. If the Grantor has any doubt concerning the Conservation Easement, covenants, conditions, limitations or restrictions herein contained with respect to any particular use of the said Protected Property, it may submit a written request to the Grantee for consideration and approval of such use. D. Definitions. Any masculine term used in this Conservation Easement shall include the female gender. The terms "Grantor" and "Grantee," wherever used in this Conservation Easement, and any pronouns used in their place, shall be held to mean and include respectively the above named Grantor, its successors, and assigns, and the above -named Grantee, its successors and assigns. E. Entire agreement. This Conservation Easement sets forth the entire agreement of the parties with respect to the issues addressed herein and supersedes all prior discussions, negotiations, understandings, or agreements relating to these issues, all of which are merged herein. F. No forfeiture. Nothing in this Conservation Easement shall result in a forfeiture or revision of Grantor's title in any respect. G. Successors. As stated in the above recitals, all covenants, terms, conditions, and restrictions of this Conservation Easement shall run with the land and be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. H. Severability. If any portion of this Conservation Easement is declared unlawful or invalid, the remainder of the Conservation Easement shall remain in full force and effect. 11 Packet Pg. 267 6.7.c Authority of signatories. The individuals executing this Conservation Easement warrant and represent that they are duly authorized to execute and deliver this Conservation Easement. J. No merger. If Grantee at some future time acquires the underlying fee title in the Protected Property, the interest conveyed by this Deed will not merge with fee title but will continue to exist and be managed as a separate estate. XVI. Environmental Compliance. A. Grantor represents and warrants that, after reasonable investigation and to the best of Grantor's knowledge, Grantor and the Protected Property are in compliance with all federal, state and local laws, regulations and requirements applicable to the Protected Property and its use, including without limitation all federal, state and local environmental laws, regulations and requirements. B. Grantor further represents and warrants that there has been no release, dumping, burying, abandonment or migration from offsite onto the Property of any substances, materials or wastes that are hazardous, toxic, dangerous or harmful or are designated as, or contain components that are subject to regulation as hazardous, toxic, dangerous or harmful by any federal, state or local law, regulation, statute or ordinance. There is no pending or threatened litigation affecting the Property or any portion of the Property that will materially impair the Conservation Values. No civil or criminal proceedings have been instigated or are pending against Grantor or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Grantor nor its predecessors in interest have received any notice of violation, penalties, claims, demand letters or other notifications relating to a breach of environmental laws. C. Remediation. If at any time there occurs or has occurred a release in, on or about the Property of any substances now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement as hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Grantee, in which case Grantee shall be responsible for remediation. TO HAVE AND TO HOLD unto GRANTEE SNOHOMISH COUNTY, its respective successors and assigns forever. 12 Packet Pg. 268 6.7.c IN WITNESS WHEREOF the parties have, by their authorized officers, set their own hands as of the day and year first stated above. GRANTOR: By: David O. Earling Its: City Mayor STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of the , the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Attest: City Clerk APPROVED AS TO FORM City Attorney Date Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: 13 Packet Pg. 269 6.7.c ACCEPTED BY GRANTEE: On _, 201_ the Snohomish County Council adopted Motion - authorizing the County Executive to accept the Conservation Easement, pursuant to RCW 64.04.130. GRANTEE: SNOHOMISH COUNTY 13 John Lovick Snohomish County Executive STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of Snohomish County, the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. APPROVED AS TO FORM: Deputy Prosecuting Attorney Date Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: 14 Packet Pg. 270 6.7.c EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT For APN/Parcel ID(s): 004342-099-001-00, 004342-100-000-00 and 004342-101-021-00 Lots 1 through 20, Block 99, all of Block 100, and Lots 21 through 40, Block 101, plat of the City of Edmonds, according to the Plat thereof recorded in Volume 2 of Plats, page 39, records of Snohomish County, Washington. Situate in the County of Snohomish, State of Washington. 15 c 0 E w 4- 0 r Packet Pg. 271 6.7.c EXHIBIT B (BASELINE DOCUMENTATION) I. CURRENT CONDITIONS II. PROPERTY DATA A. Present Use. B. Accessibility and Road Frontage. C. Land Area. D. Land Shape. E. Land Contour and Elevations. F. Minerals and Soil. G. Flood Zone Information. H. Flora. I. Wetlands. 16 Packet Pg. 272 6.7.c III. PICTORIAL ASSESSMENT OF CURRENT SITE CONDITIONS The following photographs of the Protected Property are not in recordable form and are available and on file with the Snohomish County Parks and Recreation Department: Said photographs demonstrate current site conditions, features, typical flora, and impact of human development 17 c 0 E w 0 A+ Packet Pg. 273 John Lovick County Executive Mr. David Earling, City Mayor City of Edmonds 700 Main Street Edmonds, WA 98020 H Snohomish County Parks and Recreation March 21, 2014 RE: Interlocal Cooperation Agreement — Edmonds Waterfront Property Acquisition Dear Mayor Earling: FIL (425)388-6600 FAX (425) 388-6645 6705 Puget Park Drive Snohomish, WA 98296 Enclosed please find the executed Interlocal Cooperation Agreement ("Agreement") between the City of Edmonds ("City") and Snohomish County obligating certain acquisition funds to the City. The effective date of this Agreement is March 12, 2014 and acquisition of the property must occur no later than eighteen (18) months from the effective date. This Agreement will provide up to $500,000.00 from the Snohomish County Conservation Futures Property Tax fund for City purchase of property known as the Edmonds Waterfront property. The fund will reimburse for property acquisition and related costs after submittal of the following documents: • A copy of the signed Settlement Statement, issued by Escrow Company • A copy of the Excise Tax Affidavit • A copy of the recorded Statutory Warranty Deed • A copy of the Title Insurance, listing the City of Edmonds as the vested owner • A copy of the recorded Grant of Conservation Easement (the County must "accept" the easement after the City signs) • Copies of invoices paid by the City for acquisition related cost (see copy of reimbursable eligible costs) I have also included the original Grant of Conservation Easement. This document must be recorded after the City has acquired the property subject to the Agreement. I can record the easement after the County "accepts" it. Please check the legal description to the Grant of Conservation Easement for accuracy and confirm it matches the Statutory Warranty Deed. If you have any questions, I can be reached at 425-388-6622. Sincerely, Dianne Bailey Parks Property Administrator Enclosure (3) parks.department@co.snohomish.wa.us www,snocoporks.org Packet Pg. 274 6.7.d Reimburseable Costs COSTS ---- Property Casts Land Improvements SUBTOTAL $ Reimbursable Incidental Costs Quantity $ include invoice/statement from Titte Company Applicable taxes Appraisal review Appraisal(s) Closing (escrow/recording fees) Title reports/insurance SUBTOTAL TOTAL Packet Pg. 275 '"'ILE COPY 6.7.d INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS CONCERNING ACQUISITION OF PROPERTY WITH CONSERVATION FUTURES FUNDS THIS INTERLOCAL COOPERATION AGREEMENT BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS CONCERNING ACQUISITION OF PROPERTY WITH CONSERVATION FUTURES FUNDS (this "Agreement"), is made and entered into this -day of iJ _ . 201 by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the "County"), and the CITY OF EDMONDS, a Washington municipal corporation (the "City") pursuant to Chapter 39.34 RCW. RECITALS A. The County manages a Conservation Futures funding program pursuant to RCW 84.34.200 et seq. and Chapter 4.14 Snohomish County Code. B. Cities and towns located in Snohomish County, nonprofit historic preservation corporations, and nonprofit nature conservancy corporations or associations as such are described in RCW 84.34.210 are eligible to apply to the County for resources to fund acquisition of interests or rights in real property located within Snohomish County that meet the conservation criteria described in RCW 84.34.210 et seq. C. The City applied for resources from the Snohomish County Conservation Futures Property Tax Fund to purchase unimproved real property located in the City at 260 Beach Place and more particularly described in Section 1.1 below (hereinafter referred to as the "Property"). D. The Snohomish County Conservation Futures Program Advisory Board, at their August 20, 21 and 23, 2013 meetings, reviewed all of the project sponsor requests and, after review, recommended funding the request of the City of Edmonds for Five Hundred Thousand and 00/100 Dollars ($500,000.00) from the Snohomish County Conservation Futures Property Tax Fund. E. On September 11, 2013, the Snohomish County Council, by Amended Motion No. 13-353, allocated funding in the amount of Five Hundred Thousand and 00/100 Dollars ($500,000.00) to the City of Edmonds from the Snohomish County Conservation Futures Property Tax Fund for that purpose. NOW, THEREFORE, in consideration of the mutual promises set out below and for other good and valuable consideration, the Parties agree as follows: Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Packet Pg. 276 6.7.d 1. Identification of Property. The Property is located in the City of Edmonds, Washington and is generally legally described as follows: SEE ATTACHED EXHIBIT A. 2. Purpose of Property Acquisition. The Property is to be acquired for the purpose of conserving open spaces and areas as authorized by RCW 84.34.200 et seq., and for conservation and for passive, public recreation. 3. Duration. This Agreement shall become effective when executed by both parties and posted on the County's Interlocal Agreements website (the "Effective Date"). If the Property is acquired within the time frame provided in Section 5.1 below, this Agreement shall be in effect perpetually, subject to any amendments agreed to in writing by the parties. If the Property is not acquired within the time frame provided in Section 5.1 below, this Agreement shall be terminated; PROVIDED, HOWEVER, that the County and the City may mutually agree in writing, prior to termination, upon an extension of time. 4. Administrators. Each party to this Agreement shall designate an individual (an "Administrator") who may be designated by title or position, to oversee and administer such party's participation in this Agreement. The parties' initial Administrators shall be the following: County's Initial Administrator: Tom Teigen, Director Snohomish County Parks and Recreation 6705 Puget Park Drive Snohomish, WA 98296 City's Initial Administrator: City of Edmonds Office of the Mayor 700 Main Street Edmonds, WA 98020 Either party may change its Administrator at any time by delivering written notice of such party's new Administrator to the other party. shall: 5. Duties of the City to Acquire, Operate, Maintain and Conserve. The City 5.1 Acquire the Property within eighteen (18) months of the Effective Date of this Agreement and upon closing maintain, operate and conserve the Property for open space and passive park purposes. The City shall undertake all reasonable efforts to acquire the Property but if the owner of is not a willing seller, the City shall not utilize the power of eminent domain to acquire the Property. Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Packet Pg. 277 6.7.d 5.2 Immediately following acquisition of the Property, execute and record an instrument conveying a Conservation Easement for the Property to the County in substantially the form of attached hereto as Exhibit B (the "Conservation Easement"). 5.3 Submit an annual report to the County on February 1 of each subsequent year detailing compliance with all on -going requirements of this Agreement. 5.4 Forward a copy of the recorded deed conveying the Property and a copy of the executed Conservation Easement for the Property to the County as soon as the same are returned from the Snohomish County Auditor. 5.5 Provide an identifying sign, the size and design of which shall be approved by the Snohomish County Department of Parks and Recreation, at the entrance to the Property which shall be in plain sight in perpetuity, listing the County as a participant in the acquisition of the Property through the Snohomish County Conservation Futures Program. 5.6 Fund any improvements that are made to the Property from revenue sources other than Conservation Futures Program Funds and limit any such improvements to those that meet the requirements and intent of RCW 84.34.200 et. seq. and the Conservation Easement. 5.7 Submit to the County a long-term maintenance plan for the Property and any improvements within three (3) months of the completed Property acquisition. 5.8 Pay to the County at the end of each calendar year a pro rata share of any income the City has realized from the Property, less the City's costs of operation and maintenance of the Property. The pro rata share will be equal to the percentage of the cost of acquisition funded by the County pursuant to this Agreement. This information shall be submitted as part of the February 1 annual report to the Snohomish County Department of Parks and Recreation. 5.9 Pay to the County, upon sale of any of the City's interest in the Property, or any portion thereof, a pro rata share of any consideration received, less the costs of improvements funded by the City. The pro rata share will be equal to the percentage of the cost of acquisition funded by the County pursuant to this Agreement. 5.10 Pay on a current basis all taxes or assessments levied on Property - related activities and the Property; PROVIDED, HOWEVER, that nothing contained herein will modify the City's right to contest any such tax, and the Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Packet Pg. 278 6.7.d City will not be deemed to be in default as long as it is, in good faith, contesting the validity or amount of any such taxes. 5.11 Obtain and maintain, at its own costs and expense, all necessary permits, licenses and approvals related to the purchase, ownership, and on- going maintenance and management of the Property. 6. Payment from the County. The County shall provide financial assistance to the City in the amount of up to $500,000.00 from the Conservation Futures Fund for the acquisition of the Property. Payment shall be made within ten (10) days of County receipt of a City invoice submitted with documentation of imminent purchase of the Property and transfer of title, provided the City has complied with all of the terms of this Agreement. In no event shall the County be obligated to provide any payment to the City in excess of the actual purchase price of the Property. Any obligations of the County beyond the current fiscal year are subject to appropriation of funds for the specific purpose of funding this Agreement in accordance with its Charter and applicable law. 7. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, rules and regulations in performing this Agreement, including, but not limited to, laws against discrimination. 8. Records Inspections and Audits. The City will keep such full and detailed accounts as may be necessary for proper financial management under this Agreement. The County may, at its sole discretion, from time to time whether before or after acquisition of the Property or termination of this Agreement inspect all books and records and other materials related to any matters covered by this Agreement and not otherwise privileged, belonging to the City or any contractor or to elect to have an audit conducted to verify acquisition -related costs through the date of the acquisition, income from the Property, maintenance and operation costs, and the cost of post - acquisition improvements. Such books, records and other materials shall be made available for County inspection during regular business hours within a reasonable time of the request. If the County elects to conduct such an audit, it will give notice to the City, and such audit will be conducted as soon as is reasonably feasible thereafter, but County payments to the City (if any) will not be delayed pending the outcome of the audit. Such audit will be conducted by an auditor selected by the County, and the County will, except as provided herein, pay the cost of such audit. The City agrees to cooperate with the auditor and to make available for examination at its principal office all of its books, records, correspondence and other documents deemed necessary to conduct the audit by the auditor. If the audit reveals a variation equal to five percent (5%) or more of the cost of acquiring the Property, then the City will pay the cost of the audit, not to exceed Ten Thousand and 00/100 Dollars ($10,000.00). Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Packet Pg. 279 6.7.d The City will preserve all records for a period of seven (7) years; PROVIDED, HOWEVER, that if the City proposes to dispose of any documents materially related to the Property for a period less than seven (7) years, then the City will deliver the same to the County for disposition by the County. The County may at all times enter the Property to determine the City's compliance with the terms and conditions of this Agreement or to post notices. Any person or persons who may have an interest in the purposes of the County's visit may accompany the County. The City acknowledges and agrees that its obligations under this Section 8will survive termination of this Agreement. 9. Risk of Loss. All of the City's personal property of any kind or description whatsoever, or that of its employees, agents, contractors, and/or invitees placed on the Property shall be at the City's sole risk, and the County will not be liable for any damage done to, or loss of, such personal property. 10. Public Records Act. This Agreement and all public records associated with this Agreement shall be available from the County for inspection and copying by the public where required by the Public Records Act, Chapter 42.56 RCW (the "Act"). To the extent that public records then in the custody of the City are needed for the County to respond to a request under the Act, as determined by the County, the City agrees to make them promptly available to the County. If the City considers any portion of any record provided to the County under this Agreement, whether in electronic or hard copy form, to be protected from disclosure under law, the City shall clearly identify any specific information that it claims to be confidential or proprietary. If the County receives a request under the Act to inspect or copy the information so identified by the City and the County determines that release of the information is required by the Act or otherwise appropriate, the County's sole obligations shall be to notify the City (a) of the request and (b) of the date that such information will be released to the requester unless the City obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If the City fails to timely obtain a court order enjoining disclosure, the County will release the requested information on the date specified. The County has, and by this section assumes, no obligation on behalf of the City to claim any exemption from disclosure under the Act. The County shall not be liable to the City for releasing records not clearly identified by the City as confidential or proprietary. The County shall not be liable to the City for any records that the County releases in compliance with this Section or in compliance with an order of a court of competent jurisdiction. 11. Hold Harmless and Indemnification. The City shall assume the risk of, be liable for, and pay all damage, loss, costs and expense of any party arising out of the Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Packet Pg. 280 6.7.d activities under this Agreement and all use of any improvements it may place on the Property. The City shall hold harmless, indemnify and defend the County, its officers, elected and appointed officials, employees and agents from and against all claims, losses, lawsuits, actions, counsel fees, litigation costs, expenses, damages, judgments, or decrees by reason of damage to any property or business and/or any death, injury or disability to or of any person or party, including but not limited to any employee, arising out of or suffered, directly or indirectly, by reason of or in connection with the acquisition or use of the Properties and this Agreement; PROVIDED, that the above indemnification does not apply to those damages caused by the sole negligence or willful misconduct of the County, its elected and appointed officials, officers, employees or agents. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney's fees. 12. Dispute Resolution. The Parties agree to use their best efforts to resolve disputes and other matters arising out of this Agreement or the ongoing administration of this Agreement. If a dispute arises, then (i) within ten (10) business days of a written request by either Party, the City's designated representative and County's designated representative shall meet and resolve the issue; if these parties cannot resolve the issue within ten (10) business days of the meeting, then (ii) the issue shall be submitted to the City's Mayor and to the Director of the Snohomish County Department of Parks and Recreation; if these parties cannot resolve the issue within fifteen (15) business days of submission to them, then (iii) the issue shall be submitted for mediation; if mediation does not successfully resolve the dispute, then (iv) either Party may file suit in a court of competent jurisdiction. The prevailing party in any legal action shall be entitled to a reasonable attorneys' fee and court costs. 13. Notice. All notices required to be given by any party to the other party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator or Administrator's designee at the addresses set forth in Section 1.4 above. Notice delivered by email shall be deemed given as of the date and time received by the recipient. Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Packet Pg. 281 6.7.d 14. Miscellaneous 14.1. Entire Agreement; Amendments. This Agreement shall constitute the full and complete Agreement of the parties regarding the subject matter hereof, and supersedes any and all prior oral or written agreements between the parties regarding the subject matter contained herein. This Agreement may be amended only by written agreement of the parties, executed in the same manner as provided by the Interlocal Cooperation Act, Chapter 39.34 RCW, governing the execution of this Agreement. 14.2. Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. 14.3. Governing Law and Stipulation of Venue. This Agreement shall be governed by the laws of the State of Washington and the parties stipulate that any lawsuit regarding this Agreement must be brought in Snohomish County, Washington. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney's fees. 14.4. Rights and Remedies. The rights and remedies of the Parties to this Agreement are in addition to any other rights and remedies provided by law except as otherwise provided in this Agreement. 14.5. No Third Party Rights. It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under, or by reason of, this Agreement on any persons other than the Parties. 14.6. Binding on Successors. All of the terms, provisions and conditions of this Agreement will be binding upon and inure to the benefit of the Parties hereto and their respective successors, permitted assigns and legal representatives. 14.7. No Waiver. Payment by the County under this Agreement shall not constitute a waiver by the County of any claims it may have against the City for any breach of this Agreement or for failure of City to perform the work or actions, as specified in this Agreement. Forbearance of the rights of the parties under this Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Packet Pg. 282 6.7.d Agreement will not constitute waiver of entitlement to exercise their respective rights as to any future acts or omissions by the offending party. 14.8. No Employee Relationship. In performing work and services pursuant to this Agreement, the City, its, employees, consultants, agents, and representatives shall be acting as agents of the City and shall not be deemed or construed to be employees or agents of the County in any manner whatsoever. The City shall not hold itself out as, nor claim to be, an officer or employee of the County and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of County. The City shall be solely responsible for any claims for wages or compensation by the City's employees, consultants, agents, and representatives, including sub -consultants, or any agency, and shall defend, indemnify and hold County harmless therefrom. 14.9 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 14.10 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same Agreement. 14.11 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 14.12 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either party without the express written consent of the other party, which may be granted or withheld in such party's sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 14.13 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 14.14 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 14.15 No Separate Entity Necessary. The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Packet Pg. 283 6.7.d 14.16 Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. EXECUTED this 1i_�—day of 1 201 SNOHOMISH COUNTY: PETER B. CAMP Execu iv,e- Director J 3! John Lovick Date Snohomish Cbfinty Executive APPROVED AS TO FORM: Deputy Prosecuting Attorney Date COUNCIL USE 0!V Y Approved: _ f Docfile: CITY OF EDMONDS: oic By: David 0. Earling City Mayor Attest: City Clerk APPROVED AS TO FORM: C' 221 I`i Ytyorney Dafte Interlocal Cooperation Agreement between Snohomish County and the City of Edmonds Concerning Acquisition of Property with Conservation Futures Funds Packet Pg. 284 6.7.d EXHIBIT A Legal Description For APN/Parcel ID(s): 27032300400400 LEGAL DESCRIPTION: THAT PORTION OF GOVERNMENT LOT 2, SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID GOVERNMENT LOT 2 WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE GREAT NORTHERN RAILWAY; THENCE SOUTH 890 47' WEST ALONG SAID LOT LINE 191.16 FEET; THENCE NORTH 510 39' EAST 28 FEET TO THE POINT OF BEGINNING; THENCE NORTH 480 28' WEST 57.5 FEET TO THE GOVERNMENT MEANDER LINE; THENCE NORTH 510 39' EAST ALONG SAID MEANDER LINE 25 FEET; THENCE SOUTH 480 28' EAST 57.5 FEET; THENCE SOUTH 510 39' WEST 25 FEET TO POINT OF BEGINNING. (ALSO KNOWN AS TRACT 4, WALKER-BELTZ SUBDIVISION, ACCORDING TO THE UNRECORDED PLAT THEREOF) Subject to easements and reservations of record. Situate in the County of Snohomish, State of Washington Packet Pg. 285 6.7.d EXHIBIT B Conservation Easement ti N r O M O C Cn a J r-+ C O E L V R Q Packet Pg. 286 6.7.d After Recording Return to: Assistant Clerk Snohomish County Council 3000 Rockefeller Avenue MS 609 Everett, WA 98201 Document Title: Grant of Conservation Easement Reference Numbers: Grantor: City of Edmonds, a municipal corporation of the State of Washington Grantee: Snohomish County, a political subdivision of the State of Washington Abbreviated Legal Description: Ptn SE 23-27-03 Additional legal on page 16 Assessor's Property Tax Parcel No.: 27032300400400 GRANT OF CONSERVATION EASEMENT This grant of a perpetual CONSERVATION EASEMENT (hereinafter "Conservation Easement") is made this day of , 2013, by the City of Edmonds, a municipal corporation of the State of Washington (hereinafter "Grantor"), to Snohomish County, a political subdivision of the State of Washington (hereinafter "Grantee" or "County"), in perpetuity as holder of the Conservation Easement pursuant to RCW 64.04.130. RECITALS A. Grantor is the sole owner in fee simple of the property legally described on Exhibit A, which is attached hereto and incorporated herein by reference (the "Protected Property"), which consists of approximately .03 acres of land, located on tax parcel 27032300400400 Snohomish County, Washington; and B. Grantor warrants that Grantor has good legal title to the Protected Property, as well as the right to convey this Conservation Easement, and that the Protected Property is free and clear of any encumbrances except those general exceptions contained in the title policy and any special exceptions shown on the Preliminary Commitment that are accepted by the Grantee; and C. Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or waste on the Protected Property; and D. The Protected Property possesses significant long-term natural and open space values ("Conservation Values") of great importance to the people of Snohomish County for passive recreation; and Packet Pg. 287 6.7.d E. This Conservation Easement is authorized by RCW 64.04.130, the provision of state law governing conservation easements; and F. The Grantor and the Grantee intend and have the common purpose of retaining the Protected Property for open space and passive recreation by placing restrictions on the use of the Protected Property, which shall continue as a servitude running with the land, and authorizing Grantee to monitor and enforce such restrictions, as described herein; and G. To document the present condition of the Protected Property so that Grantee or its assigns are able to monitor future uses and assure compliance with the terms of this Conservation Easement, Grantee has, at its expense, prepared baseline data consisting of photographs and other documentation summarized in Exhibit B and incorporated herein by reference as though set forth in full (the "Baseline Documentation") that the parties agree provide an accurate representation of the Protected Property as of the date of this Conservation Easement; and H. Snohomish County, as the Grantee of this Conservation Easement, is a qualified holder of conservation easements under RCW 64.04.130; and I. This Conservation Easement is being purchased with funds provided, in part, by the County's Conservation Futures Program pursuant to RCW 84.34.200, RCW 84.34.210, RCW 84.34.220 and chapter 4.14 SCC, which authorizes Snohomish County to purchase conservation easements for the purpose of protecting open space and timber land through restrictions on incompatible uses of the land; NOW, THEREFORE, for and in consideration of the above recitals and the mutual covenants, terms, conditions, and restrictions contained herein and in payment of one dollar ($1.00) and other valuable consideration by Grantee, the receipt of which is hereby acknowledged by Grantor, and pursuant to the laws of the State of Washington, including chapters 64.04 and 84.34 of the Revised Code of Washington, the parties agree as follows: I. Grant. Grantor hereby grants to the Grantee a perpetual Conservation Easement over, under, across and through the Protected Property, as described in Exhibit A attached hereto, to protect, preserve, maintain, improve, restore, limit future use of or otherwise conserve the Protected Property as open space pursuant to chapter 84.34 RCW. II. Purpose. The purpose of this Conservation Easement is to assure that the Protected Property will be retained forever in its natural and open space condition and to prevent any use of the Protected Property that will significantly impair or interfere with the Conservation Values. Grantor intends that this Packet Pg. 288 6.7.d Conservation Easement will confine the use of, or activity on, the Protected Property to such uses and activities that are consistent with this purpose. This statement of purpose is intended as a substantive provision of the Conservation Easement. Any ambiguity or uncertainty regarding the application of the provisions of this Conservation Easement will be resolved so as to further this purpose. III. Rights of the Grantee. Grantor hereby conveys to the Grantee all rights necessary to accomplish the purpose of this Conservation Easement, including, without limitation, the following: A. The right to protect, conserve, maintain, improve and restore the Conservation Values of the Protected Property; B. The right to enter the Protected Property or allow Grantee's invitees or licensees to enter, at a reasonable time and upon prior written notice to the Grantor, for the following purposes (i) to make general inspection of the Protected Property to monitor compliance with this Conservation Easement; (ii) to protect, preserve, maintain, improve and restore the Conservation Values of the Protected Property; and (iii) to mitigate or terminate any violation or otherwise enforce the provisions of this Conservation Easement. C. The right to enjoin any use of, or activity on, the Protected Property that is inconsistent with the purpose of this Conservation Easement, including trespasses by members of the public, and to require the restoration of such area or features of the Protected Property as may be damaged by uses or activities inconsistent with the provisions of this Conservation Easement, all in accordance with Section XI. D. The right to enforce the terms of this Conservation Easement, consistent with Section XI. E. The right to place a sign on the Protected Property which acknowledges this Conservation Easement, any conditions on access, and any funding contribution to the acquisition of the Conservation Easement. The foregoing are rights, not obligations, and shall not create any third party rights of enforcement. IV. Permitted Uses and Activities. Packet Pg. 289 6.7.d A. Grantor reserves to itself, and to its successors and assigns all rights accruing from its ownership of the Protected Property, including the right to engage in or permit or invite others to engage in all uses of the Protected Property that are not prohibited herein and are not inconsistent with the purpose of this Conservation Easement. In the event Grantor plans to undertake actions that could be inconsistent with the purpose of this Conservation Easement, Grantor shall provide Grantee written notice of such intent not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Conservation Easement. Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantor's notice. Grantee's approval may be withheld only upon a reasonable determination by Grantee that the action proposed would be inconsistent with the purpose of this Conservation Easement. B. Any improvements to the Protected Property shall be limited to those which are passive in nature and meet the requirements and intent of RCW 84.34.200-220. Passive improvements include, but are not limited to, trails, interpretive centers, viewpoints, picnicking facilities, access, restrooms, playgrounds and restoration projects. Active recreational improvements are prohibited. Such improvements include, but are not limited to ball fields, use by motorized vehicles, swimming pools, and recreation centers. C. Nothing herein precludes the Grantor from demolishing, removing, and remediating existing improvements on the property as of the date of this Conservation Easement. V. Prohibited Uses and Activities. Neither Grantor nor its licensees or invitees shall use the Protected Property for any activity or purpose that is inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, the following activities are expressly prohibited in the Protected Property: A. The placement or construction of any buildings, structures, improvements or equipment of any kind except as permitted in subsection IV. B; B. The continuation, creation, expansion or intensification of any use or activity that is contrary to the purpose of this Conservation Easement or prohibited in this section; Packet Pg. 290 6.7.d VI C. Mining or extraction of soil, sand, gravel, oil, natural gas or other mineral; D. Dumping or accumulation of trash or refuse; E. The use of motorized vehicles except for those necessary to conduct the uses permitted under this Conservation Easement; and F. Any construction, expansion, repair or other development activity that would result in more than ten percent (10%) of the area of the Protected Property being covered with impervious surfaces, including, without limitation, asphalt, concrete, gravel, buildings, or ponds. Transfer of Property. The Grantor agrees to: A. Incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Protected Property, including, without limitation, leasehold interests. B. Describe the Conservation Easement in and append it to any contract for the transfer of any interest in the Protected Property. C. Give written notice to the Grantee of the transfer of any interest in all or any portion of the Protected Property no later than forty five (45) days prior to the date of such transfer. Such notice to the Grantee shall include the name, address and telephone number of the prospective transferee or the prospective transferee's representative. The failure of the Grantor to perform any act required by this subsection shall not impair the validity of this Conservation Easement or limit its enforceability. V11. Extinguishment. This Conservation Easement may be terminated or extinguished, whether in whole or in part, only under one or more of the following circumstances: A. By judicial determination, by a court having jurisdiction over the Conservation Easement, those circumstances have rendered the purpose of this Conservation Easement impossible to achieve. Packet Pg. 291 6.7.d B. In the event all or any of the Protected Property is taken by exercise of the power of eminent domain or acquired in lieu of condemnation, whether by public, corporate or other authority, except by the parties hereto. Vlll. Proceeds. In the event of termination or extinguishment of this Conservation Easement, Grantee shall be compensated by Grantor for the fair market value of its interest in the Protected Property as determined by either a real estate appraiser licensed by the State of Washington or a court of competent jurisdiction. IX. Transfer or Assignment of the Conservation Easement. This Conservation Easement is transferable, but Grantee may assign its rights under this Conservation Easement only to an agency or organization that is authorized to acquire and hold conservation easements under RCW 64.04.130 or RCW 84.34.250, or otherwise qualified at the time of transfer under §170(h) of the Internal Revenue Code of 1986. As a condition of such transfer, Grantee shall require that the transferee exercise its rights under the assignment consistent with the purpose of this Conservation Easement. X. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilities of any kind related to ownership, operation, upkeep, and maintenance of the Protected Property. A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Protected Property. B. Attorneys' fees and costs for enforcement. If the Grantee commences and successfully prosecutes an enforcement action pursuant to Section XI below, the Grantor shall pay all reasonable costs and expenses associated with the enforcement action, including but not limited to, reasonable attorneys' fees. Xl. Enforcement & Monitoring. Grantee shall have the authority to enforce the terms of this Conservation Easement. To exercise this authority and thereby further the purpose of this Conservation Easement, the Grantee shall have the following rights under this Conservation Easement, which are subject to the stated limitations: A. Entry onto Protected Property with Reasonable Notice. If the Grantee has reason to believe that a violation of the terms of this Conservation Easement has occurred or is occurring, the Grantee shall have the right to enter the Protected Property, provided that reasonable advance notice is given to the Grantor, for the purpose of inspecting it for violations of any requirement set forth in this Packet Pg. 292 6.7.d Conservation Easement. Additionally, the Grantee shall have the right to enter the Protected Property at least once a year, at a mutually agreed time, for purposes of inspection and compliance monitoring regardless of whether Grantee has reason to believe that a violation of this Conservation Easement exists. B. Enforcement Mechanisms and Remedial Measures. If the Grantee finds what it believes to be a violation of this Conservation Easement, it may, at its discretion, use any available legal or equitable remedy to secure compliance, including but not limited to seeking injunctive relief and/or specific performance requiring the Grantor to cease and desist all activity in violation of the terms of this Conservation Easement and to return the Protected Property to its condition prior to any violation(s). Except when an imminent violation could irreversibly diminish or impair the Conservation Values of the Protected Property, the Grantee shall give the Grantor written notice of the violation and thirty (30) days in which to take corrective action prior to commencing any legal action. The failure of Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time or constitute a waiver of its rights. Grantee may use the Baseline Documentation as a basis for enforcing the provisions of this Conservation Easement, but is not limited to the use of the Baseline Documentation to show a change of conditions. C. Emergency Enforcement. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damages to the Conservation Values of the Protected Property, Grantee may pursue its remedies under this section without prior notice to Grantor or without waiting for the period provided for cure to expire. D. Scope of Relief. Grantee's rights under this section apply equally in the event of either actual or threatened violations of the terms of this Conservation Easement. Grantor agrees that the Grantee's remedies at law for any violation of the terms of this Conservation Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. Packet Pg. 293 6.7.d E. Costs of Enforcement. In the event Grantee must enforce the terms of this Conservation Easement, any costs of restoration necessitated by acts or omissions of Grantor, its agents, employees, contractors, invitees or licensees in violation of the terms of this Conservation Easement and Grantee's reasonable enforcement expenses, including reasonable attorneys' and consultants' fees and costs, shall be borne by Grantor, its successors or assigns. F. Waiver of Defenses. Grantor acknowledges it has carefully reviewed this Conservation Easement and has consulted or had the opportunity to consult with counsel of its terms and requirements. In full knowledge of the provisions of this Conservation Easement, Grantor hereby waives any claim or defense it may have against Grantee or its successors or assigns under or pertaining to this Conservation Easement based upon waiver, laches, estoppel or prescription. G. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle the Grantee to bring any action against Grantor to abate, correct or restore any condition in the Protected Property or to recover damages for any injury to or change in the Protected Property resulting from causes beyond Grantor's control, including fire, flood, storm, and earth movement or the like. XII. Hold Harmless. Grantor hereby agrees to release and hold harmless, indemnify and defend Grantee, its officers, elected and appointed officials, employees and agents (collectively "Indemnified Parties") from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands or judgments, including, without limitation, reasonable attorneys' and consultants' fees arising from or in any way connected with: A. Injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition or other matter related to or occurring on or about the Protected Property that is not a consequence of an activity of the Indemnified Parties undertaken under the rights granted to Grantee under this Conservation Easement; B. Violations or alleged violations of, or other failure to comply with, any federal, state or local law or regulation relating to pollutants or hazardous, toxic or dangerous substances or materials, including without limitation CERCLA (42 U.S.C. 9601 et seq.) and MTCA (ch. 70.105D RCW), by any person other than any of the Indemnified Parties, in any way affecting, involving or relating to Packet Pg. 294 6.7.d the Protected Property, unless such violations or alleged violations are due to the sole acts or omissions of any of the Indemnified Parties on the Protected Property; C. The presence or release in, on, from or about the Protected Property, at any time, of any substance now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement of any substance hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. XIII. Recordation. Grantee shall record this instrument in the Office of the Snohomish County Auditor and may re-record it at any time. XIV. Notices. Any notice, demand, request, consent, approval, or communication that any party desires or is required to give to another party under the terms of this Conservation Easement shall be in writing and either served at or mailed to: Grantee: Snohomish County County Executive Office 3000 Rockefeller Avenue, M/S #407 Everett, WA 98201 Grantor(s): City of Edmonds Office of the Mayor 700 Main Street Edmonds, WA 98020 or to such other address as any party from time to time shall designate by written notice to others. XV. General Provisions. A. Amendment. If circumstances arise under which an amendment to this Conservation Easement would be appropriate, the Grantor and Grantee may jointly amend this Conservation Easement by a written instrument to be recorded with the Snohomish County Auditor, provided that such an amendment does not diminish the effectiveness of this Conservation Easement in carrying out its purpose to permanently preserve and protect in perpetuity the Conservation Values of the Protected Property. B. Controllinq Law. The interpretation or performance of this Conservation Easement shall be governed by the laws of the State Packet Pg. 295 6.7.d of Washington and the Laws of the United States. Any legal proceeding regarding this Conservation Easement shall be initiated in Snohomish County Superior Court. C. Interpretation. This Conservation Easement shall be interpreted to resolve any ambiguities and questions of the validity of specific provisions to give maximum effect to its preservation purpose, as stated in Section II, above. If the Grantor has any doubt concerning the Conservation Easement, covenants, conditions, limitations or restrictions herein contained with respect to any particular use of the said Protected Property, it may submit a written request to the Grantee for consideration and approval of such use. D. Definitions. Any masculine term used in this Conservation Easement shall include the female gender. The terms "Grantor" and "Grantee," wherever used in this Conservation Easement, and any pronouns used in their place, shall be held to mean and include respectively the above named Grantor, its successors, and assigns, and the above -named Grantee, its successors and assigns. E. Entire agreement. This Conservation Easement sets forth the entire agreement of the parties with respect to the issues addressed herein and supersedes all prior discussions, negotiations, understandings, or agreements relating to these issues, all of which are merged herein. F. No forfeiture. Nothing in this Conservation Easement shall result in a forfeiture or revision of Grantor's title in any respect. G. Successors. As stated in the above recitals, all covenants, terms, conditions, and restrictions of this Conservation Easement shall run with the land and be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. H. Severability. If any portion of this Conservation Easement is declared unlawful or invalid, the remainder of the Conservation Easement shall remain in full force and effect. Authority of signatories. The individuals executing this Conservation Easement warrant and represent that they are duly authorized to execute and deliver this Conservation Easement. J. No merger. If Grantee at some future time acquires the underlying fee title in the Protected Property, the interest conveyed by this Packet Pg. 296 6.7.d Deed will not merge with fee title but will continue to exist and be managed as a separate estate. XVI. Environmental Compliance. A. Grantor represents and warrants that, after reasonable investigation and to the best of Grantor's knowledge, Grantor and the Protected Property are in compliance with all federal, state and local laws, regulations and requirements applicable to the Protected Property and its use, including without limitation all federal, state and local environmental laws, regulations and requirements. B. Grantor further represents and warrants that there has been no release, dumping, burying, abandonment or migration from offsite onto the Property of any substances, materials or wastes that are hazardous, toxic, dangerous or harmful or are designated as, or contain components that are subject to regulation as hazardous, toxic, dangerous or harmful by any federal, state or local law, regulation, statute or ordinance. There is no pending or threatened litigation affecting the Property or any portion of the Property that will materially impair the Conservation Values . No civil or criminal proceedings have been instigated or are pending against Grantor or its predecessors by government agencies or third parties arising out of alleged violations of environmental laws, and neither Grantor nor its predecessors in interest have received any notice of violation, penalties, claims, demand letters or other notifications relating to a breach of environmental laws. C. Remediation. If at any time there occurs or has occurred a release in, on or about the Property of any substances now or hereafter defined, listed or otherwise classified pursuant to any federal, state or local law, regulation or requirement as hazardous, toxic or dangerous to the air, water or soil, or in any way harmful or threatening to human health or environment, Grantor agrees to take all steps necessary to assure its containment and remediation, including any cleanup that may be required, unless the release was caused by the Grantee, in which case Grantee shall be responsible for remediation. TO HAVE AND TO HOLD unto GRANTEE SNOHOMISH COUNTY, its respective successors and assigns forever. IN WITNESS WHEREOF the parties have, by their authorized officers, set their own hands as of the day and year first stated above. Packet Pg. 297 6.7.d GRANTOR: By: David O. Earling Its: City Mayor STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of the , the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: Attest: City Clerk APPROVED AS TO FORM City Attorney Date Packet Pg. 298 6.7.d ACCEPTED BY GRANTEE: On _, 201 the Snohomish County Council adopted Motion _ - authorizing the County Executive to accept the Conservation Easement, pursuant to RCW 64.04.130. GRANTEE: SNOHOMISH COUNTY am John Lovick Snohomish County Executive STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) 1, certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument; on oath stated that (he/she) was authorized to execute the instrument; and acknowledged it, as the of Snohomish County, the free and voluntary act of such party for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires: APPROVED AS TO FORM: Deputy Prosecuting Attorney Date Packet Pg. 299 6.7.d EXHIBIT A LEGAL DESCRIPTION OF PROPERTY SUBJECT TO CONSERVATION EASEMENT For APN/Parcel ID(s): 27032300400400 LEGAL DESCRIPTION: THAT PORTION OF GOVERNMENT LOT 2, SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID GOVERNMENT LOT 2 WITH THE WESTERLY LINE OF THE RIGHT OF WAY OF THE GREAT NORTHERN RAILWAY; THENCE SOUTH 890 4T WEST ALONG SAID LOT LINE 191.16 FEET; THENCE NORTH 510 39' EAST 28 FEET TO THE POINT OF BEGINNING; THENCE NORTH 480 28' WEST 57.5 FEET TO THE GOVERNMENT MEANDER LINE; THENCE NORTH 510 39' EAST ALONG SAID MEANDER LINE 25 FEET; THENCE SOUTH 480 28' EAST 57.5 FEET; THENCE SOUTH 510 39' WEST 25 FEET TO POINT OF BEGINNING. (ALSO KNOWN AS TRACT 4, WALKER-BELTZ SUBDIVISION, ACCORDING TO THE UNRECORDED PLAT THEREOF) Subject to easements and reservations of record. Situate in the County of Snohomish, State of Washington Packet Pg. 300 6.7.d EXHIBIT B (BASELINE DOCUMENTATION) Q Packet Pg. 301 6.7.d I. CURRENT CONDITIONS II. PROPERTY DATA A. Present Use. B. Accessibility and Road Frontage. C. Land Area. D. Land Shape. E. Land Contour and Elevations. F. Minerals and Soil. G. Flood Zone Information. H. Flora. I. Wetlands. HI. PICTORIAL ASSESSMENT OF CURRENT SITE CONDITIONS The following photographs of the Protected Property are not in recordable form and are available and on file with the Snohomish County Parks and Recreation Department: Said photographs demonstrate current site conditions, features, typical flora, and impact of human development Packet Pg. 302 6.7.e NW QUARTER OF THE SW QUARTER OF SECTION 24, TOWNSHIP 27 NORTH, RANGE e3 EAST, W.M. CITY OF EDMONDS, COUNTY OF SNOHOMISH, STATE OF WA SHING T ON 1 CPICAIM. FND. CONC SUFACE MON WITH PUNCHED 2"BRASS DISC FOUND MONUMENT IN CASE AS NOTED GLEN ST. X FOUND PK NAIL ® FOUND SURFACE MONUMENT AS NOTED N 2 130' o w 40 39 38 37 36 35 34 33 32 31 30 29 28 T 27 26 25 24 T 23 22 21 30' � 5.00 FND. CONC SUFACE MON WITH PUNCHED 2"BRASS DISC _ 659.85 _ DALE_Y ST. _ o _ 1288.87 _ _ o N88°44'26"W w N88'44'26"W 1 2 3 T 4 5 6 7 T 8�10 11 12 13 T14 15 16 17 T18 19 20 5.00 �� I FND. CONC SUFACE MON WITH PUNCHED 2"BRASS DISC oN �— TPOB N PAEL �AKE -T���ti -�_T ►I �I No rn I o N88'46 13 W o a, olo 34 33 32 31 30 29 1 28 27 1 26 25 24 23 22 21 30 \ 30' N01 *15'40"E w 0 S 637 N N 9Qo �9 ui I .41 FND. MON CASE WITH FND. CONC MON IN CASE NO MON, USED 1' RP'S W/ PUNCHED 5/8" REBAR -1.7' BELOW SURFACE 86 NS9g , //III o0�-i' I L LJ / SPRA G UE , ST. ATED AREA = 35,986 SQ.FT. OR 0.826 ACR 8 9 10 11 12 13 14 15 1 16 1 17 1 18 119 j pF'TOF EDM4NDS CITY 002, PG. 039 VOL• I � I 29 31 30 V �g 27 26 �� 28 rN 25 1 24 23 22 21 iEDMONDS ST_ VACATED AREA = 37,225 SQ.FT. OR 0.855 ACRES±/ /L4 30.00 25.00 ND. CONC SUFACE MON WITH UNCHED 2"BRASS DISC FND. CONC MIC WITH " PUNCHED 2"BRASS DISC N88'48'01 W -0.6' BELOW SURFACE 659.95 N01'15'40"E 30.00 I y N o� N 00 � N . ZE N01 °16'16"E 30'I 30.00 FND. CONC SUFACE MON WITH PUNCHED 3"BRASS DISC FND. CONC MIC WITH 5.00 PUNCHED 2"BRASS DISC ` S88'43'50"E _ -0.6' BELOW SURFACE i0.01 349.47 N I I I l— i. 30.00 v, .41 1 2 1 3 1 4 5 6 7 8 1 9 110 11 12 113 114 115 16 17 18 19 20 rn o v_ cfl I I I I ZE co F—FT T -FT—�- T —F'v T—F T T 777 I 30' 40 39 38 37 36 35 34133 32 31 30 29 28 27 26 25 24T 23 22 21 30'I FND. CONC SUFACE MON WITH 1�_T _ _ o �, PUNCHED 2"BRASS DISC 659_56 0 N88'43'28"W 5.00 FND. PK NAIL BELL ST. DUANE HARTMAN & ASSOCIATES, INC. Surveyors 16928 WOODINVILLE- REDMOND ROAD, B-107 (425) 483-5355 WOODINVILLE, WASHINGTON 98072 FAX (425) 483-4650 Craw- AAC Dc Tc 6-6S . 6 Job No. 15 ?" 1 Sheet 0` AUDITOR'S CERTIFICATE FILED FOR RECORD AT THE REQUEST OF DUANE HARTMAN & ASSOCIATES, INC., THIS DAY OF , AT MINUTES PAST M., AND RECORDED IN VOLUME OF SHORT PLATS, PAGE(S) RECORDS OF SNOHOMISH COUNTY WASHINGTON. 100' 50' 0 100' 200' SCALE IN FEET RECORD OF SURVEY FOR CITY OF EDMONDS LINE TYPES: RIGHT OF WAY CENTER LINE RIGHT OF WAY LINE BOUNDARY LINE R.O.W. VACATED LINE — — — — — — — — — — TAKE LINE LOT LINE PLAT LOT LINE AREAS: VACATED EDMONDS ST. R.O.W. AREA = 37,225 SQ.FT. OR 0.855 ACRES± VACATED SPRAGUE ST. R.O.W. AREA = 35,986 SQ.FT. OR 0.826 ACRES± VACATED BLOCK 100 ALLEY AREA = 8,996 SQ.FT. OR 0.206 ACRES± TOTAL R.O.W VACATION AREA = 82,207 SQ.FT OR 1.887 ACRES± TOTAL TAKE PARCEL AREA = 82,207 SQ.FT OR 1.887 ACRES± BASIS OF BEARING: WASHINGTON STATE COORDINATE SYSTEM, NORTH ZONE NAD 83(2007) REFERENCE SURVEYS: RECORD OF SURVEY AF No. 0916500396 RECORD OF SURVEY AF No. 199906225007 LEGAL DESCRIPTION: PARENT PARCEL: LOTS 1 THROUGH 20, BLOCK 99; ALL BLOCK 100, LOTS 21 THROUGH 40, BLOCK 101, PLAT OF CITY OF EDMONDS, INCLUDING 15 FOOT WIDE VACATED ALLEY IN BLOCK 100, VACATED RIGHT OF WAY OF SPRAGUE STREET AND EDMONDS STREET, EXCEPT THE FOLLOWING DESCRIBED PARCEL; BEGINNING AT THE NORTHWEST CORNER OF LOT 40, OF SAID BLOCK 101; THENCE SOUTH 01.15'06" WEST, ALONG THE EASTERLY RIGHT OF WAY MARGIN OF 6TH AVENUE NORTH, A DISTANCE OF 464.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF VACATED EDMONDS STREET,• THENCE SOUTH 8843'50" EAST, ALONG THE SOUTHERLY LINE OF SAID VACATED STREET, A DISTANCE OF 176.96 FEET,• THENCE NORTH 01'15'06" EAST, A DISTANCE OF 464.61 FEET TO THE NORTH LINE OF LOT 35, BLOCK 101; THENCE NORTH 8846'13" WEST, ALONG NORTH LINE OF SAID LOT 35, A DISTANCE OF 176.96 FEET TO THE POINT OF BEGINNING. ALL LYING WITHIN SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, SNOHOMISH COUNTY, WASHINGTON. CONTAINING 262,421.83 SQUARE FEET OR f6.024 ACRES MORE OR LESS TAKE PARCEL: THAT PORTION OF BLOCK 99, BLOCK 100 AND BLOCK 101, PLAT OF CITY OF EDMONDS, INCLUDING PORTION OF 15 FOOT WIDE VACATED ALLEY IN BLOCK 100, VACATED RIGHT OF WAY OF SPRAGUE STREET AND EDMONDS STREET DESCRIBED AS FOLLOWS,• BEGINNING AT THE NORTHWEST CORNER OF LOT 40, OF SAID BLOCK 101; THENCE SOUTH 01.15'06" WEST, ALONG THE EASTERLY RIGHT OF WAY MARGIN OF 6TH AVENUE NORTH, A DISTANCE OF 464.49 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF VACATED EDMONDS STREET; THENCE SOUTH 8843'50" EAST, ALONG THE SOUTHERLY LINE OF SAID VACATED STREET, A DISTANCE OF 176.96 FEET,• THENCE NORTH 01.15'06" EAST, A DISTANCE OF 464.61 FEET TO THE NORTH LINE OF LOT 35, BLOCK 101; THENCE NORTH 8846'13" WEST, ALONG NORTH LINE OF SAID LOT 35, A DISTANCE OF 176.96 FEET TO THE POINT OF BEGINNING. ALL LYING WITHIN SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, SNOHOMISH COUNTY, WASHINGTON. CONTAINING 82,207 SQUARE FEET OR ±1.887 ACRES MORE OR LESS. A o $ of BA MCA z +A \� 1 T �G I S'.F.¢�' LN \—` L 0 SEC. 24, TWP. 27 N., ROE. 3 E, W.M. SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or under my direction in conformance with the requirements of the SURVEY RECORDING ACT at the request of CITY OF EDMONDS in MARCH , 2016 Chcc/cd ;A 1 5 251 1 ROS.dwg COUNTY AUDITOR DEPUTY AUDITOR DOUGLAS A. HARTMAN, PE'--') CERTIFICATE NO. 36798 Packet Pg. 303 (£ ON;uawpuewV V-11 Alunoo ysiwoyouS : LZ1,0 31A10;uaua99a6V aleS pue aseyaand :;uauayoeJJV n co � a m M IL PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT ("Agreement") is entered into by and between the City of Edmonds, a Washington municipal corporation, ("Buyer"), and the Edmonds School District #15, a Washington municipal corporation ("Seller"), as of the date appearing in the last paragraph of this Agreement ("Effective Date"). Buyer and Seller may hereafter be known individually as "Party" and collectively as "Parties." RECITALS A. Seller owns certain real property and improvements located thereon in downtown Edmonds, Snohomish County, Washington, known as Civic Meld and more particularly described in Exhibit A and depicted in Exhibit B attached hereto (the "Property"). B. Buyer has been leasing the Property from Seller for over 35 years, pursuant to a Lease Agreement dated August 1, 1977, as amended by Addendum to Lease Agreement dated January 20, 1981 (as amended, the "Lease"). Buyer now desires to purchase the Property because of its conservation values, including, without limitation, public recreational use, and public open and green space. C. Seller desires to sell the Property (as defined herein) to Buyer, and Buyer desires to purchase the Property from Seller on the terms and conditions set forth in this Agreement. Buyer and Seller are entering into this Agreement pursuant to the authority granted in Chapter 39.33 Revised Code of Washington, (intergovernmental Disposition of Property Act) which permits a political subdivision of the State of Washington to sell real property to the state or any municipality or any political subdivision thereof on such terms and conditions as may be mutually agreed upon by the proper authority of the state and/or the subdivisions concerned. Intending to be legally bound, for good and valuable consideration, including the mutual covenants and promises of the Parties, the adequacy and receipt of which is hereby acknowledged, the Parties agree as follows: 1. PROPERTY. The "Property" subject to this Agreement consists of all of the following: a. That certain real property consisting of approximately 6.07 acres, more or less, located at 310 6th Avenue N, Edmonds, Washington and more particularly described in Exhibit A attached hereto (the "Land"). b. All rights, privileges and easements appurtenant to the Land, including without limitation all minerals, oil, gas and other hydrocarbon substances on the Land, all development rights, air rights, water, water rights and stock water relating to the Land, and any and all easements, rights -of -way and other appurtenances used in (£ ON;uawpuewV V-11 Aluno0 ysiwoyouS LZI, 31A10;uaua99a6V aleS pue aseyaand :;uauayoeJJV LO o � M t0 � a. m M a connection with the beneficial use and enjoyment of the Land (collectively, the 'Appurtenances"). 2. PURCHASE. Seller shall sell and convey the Property to Buyer, and Buyer shall purchase the Property from Seller, on the terms, covenants and conditions set forth in this Agreement. Buyer acknowledges that Buyer is in occupancy of the Property pursuant to the Lease and that prior to Closing (as defined below in Section 9.1); Buyer shall have performed any further inspections it desires with respect to the Property. Buyer will be purchasing the Property in its present physical condition, "As Is," except for the express covenants, representations and warranties and indemnities contained in this Agreement. As of the Effective Date, Buyer agrees that Seller has made no representations or warranties or agreements of any kind or nature regarding the Property, except for the express warranties contained in this Agreement. 3. PURCHASE PRICE. 3.1. Amount. The purchase price ("Purchase Price") for the Property shall be One Million Nine Hundred Thousand and 00/100 Dollars ($1,900,000.00). 3.2. Payment. Buyer shall pay Seller the Purchase Price at Closing. 3.3 Earnest Money; Liquidated Damages. Within two (2) days after the Effective Date, Buyer shall deliver to Chicago Title Insurance Company, 3002 Colby Ave #200, Everett, WA 98201 ("Escrow Holder"), an executed earnest money promissory note in the amount of Fifty Thousand Dollars ($50,000.00), in the form of Exhibit 3.3 (the "Earnest Mon ey_Note "). Simultaneously with Buyer's delivery of an Approval Notice pursuant to Section 6.4, the Earnest Money Note shall be converted to cash, and shall become non- refundable. The earnest money funds (the "Deposit") shall be applied to the Purchase Price at Closing. The Deposit shall be nonrefundable to Buyer. IN THE EVENT BUYER FAILS, WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO SELLER AS LIQUIDATED DAMAGES AS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO SELLER. Buyer and Seller agree that the Deposit represents a reasonable sum considering all of the circumstances existing on the date of this Agreement and represent a reasonable estimate of the losses that Seller will incur if Buyer fails without legal excuse to purchase the Property. 4. TITLE. 4.1. Condition of Title. Title shall be insurable by a 2006 ALTA Owner's Standard Coverage Policy in the amount of the Purchase Price (the "Title „Policy"), subject only to the Permitted Exceptions (as defined below in section 4.3). Seller shall satisfy all requirements of the Title Company in connection with issuance of the title policy in accordance with the Commitment. 4.2. Title Insurance Commitment. Buyer has obtained a current title insurance commitment issued by First American Title Insurance Company (the "Title 2 (£ ON luawpuewV V-11 Alunoo ysiwoyouS : LZ4l) 31A10 luauaaaa6V aleS pue aseyaand :luauayoellV t0 Company"), under commitment number 4229-2358636 (Second Report), dated August 20, 2015 ("Commitment"), showing title to the Property vested in Seller and committing to insure such title in Buyer by the issuance of a 2006 ALTA Owner's Standard Coverage Policy of title insurance in the amount of the Purchase Price. Buyer shall be solely responsible for the cost of any policy endorsements ("Endorsements") as required by Buyer. 4.3. Review of Title. Buyer shall have until twenty (20) days before the end of the Due Diligence Period (as defined in section 6.4) to notify Seller in writing of any objection Buyer, in its sole discretion, may have to any exceptions shown on the Commitment. Seller will promptly notify Buyer within seven (7) business days after receipt of Buyer's written objection if Seller agrees to remove exceptions Buyer objected to (which removal will be accomplished on or prior to Closing, as defined in Section 9.1 below), and if Seller does not agree to remove such exceptions Buyer shall then have three (3) business days to either waive the objection in writing or agree to take title subject to such exceptions (and Buyer's failure to notify Seiler of such decision shall be deemed to be Buyer's election to take title subject to such exceptions). Those exceptions disclosed in the Commitment that Buyer does not disapprove, those exceptions Buyer elects (or is deemed to have elected) to take title subject to, and those matters created by Buyer (as tenant under the Lease) constitute permitted exceptions ("Permitted Exceptions'). Seller and Buyer shall cooperate to remove special exception number 9 from the Commitment at Closing (as the lease referred to in special exception number 9 will be terminated by merger upon Buyer's acquisition of the Property). Seller shall immediately notify Buyer of any liens, leases, encumbrances, easements, restrictions, conditions, covenants, rights -of -way and other matters affecting title to the Property that are created by Seller and which may appear of record or be revealed by survey or otherwise after the date of the Commitment but before the Closing (collectively, "Intervening Exceptions'). Intervening Exceptions shall be subject to Buyer's approval and Buyer shall have ten (10) business days after notice in writing of any Intervening Exception, together with a description thereof and a copy of the instrument creating or evidencing the Intervening Exception, if any, to either accept it (whereupon the Intervening Exception shall become a Permitted Exception) or submit written objection. Seller will promptly notify Buyer within ten (10) business days after receipt of Buyer's written objection if Seller agrees to remove Intervening Exceptions that do not become Permitted Exceptions prior to Closing, and if Seller does not agree to remove such Intervening Exceptions Buyer shall then have ten (10) business days to either waive the objection in writing or agree to take title subject to such Intervening Exceptions. S. CONDITIONS PRECEDENT. 6.1. Conditions to Purchase. Buyer's obligations with respect to purchase of the Property and the Closing are subject to fulfillment of the conditions precedent ("Buyer's Conditions Precedent,) described below, or waiver thereof by Buyer, not later than the earlier of the date set forth below or the Closing Date (defined in Section 9.1 below). a. Title Policy. All requirements set forth in the Commitment (including any update) shall have been satisfied or waived by the Title Company and the (£ ON;uawpuewV b'll Ajunoo ysiwoyouS : LZ4l) 31A10;uaua99a6V aleS pue aseyaand :;uauayoejjV ti o � M a. m M a Title Company shall be prepared at the Closing Date to issue the Title Policy as described in Section 4. b. Representations, Warranties and Covenants of Seller. Seller shall have performed each and every obligation to be performed by Seller under this Agreement, and Seller's representations and warranties in this Agreement shall be true and correct in all material respects as of the Closing. C. No Adverse Changes. As of the Closing, there shall have been no material adverse change in the physical condition of the Property from the date of this Agreement. d. Seller's Deliveries. Seller shall have delivered each of the items described in Section 6.1 to Buyer and in Section 8.1 to Escrow Holder. e. Investigation. Buyer shall have delivered an Approval Notice to Seller by the end of the Due Diligence Period to confirm that the condition stated in Section 6.4 has been satisfied or waived within the time period required therein. f. No Seller Bankruptcy. If at any time prior to Closing, (i) there shall be filed against or by Seller a petition in bankruptcy or insolvency or a petition seeking to effect any plan or other arrangement with creditors or seeking the appointment of a receiver and the same is not discharged or dismissed before Closing; (ii) a receiver or liquidator is appointed for all or substantially all of Seller's property; (iii) Seller makes an assignment for the benefit of creditors or takes any other similar action for the benefit or protection of creditors, then Buyer shall have the right in its sole and absolute discretion and in addition to all other remedies available to Buyer pursuant to this Agreement or at law or in equity to cancel and terminate this Agreement after which the Deposit shall be returned to Buyer and neither Party shall have any further rights or obligations under this Agreement. 5.2. Benefit of Buyer. The Buyer's Conditions Precedent are solely for the benefit of Buyer and may be waived only in writing by Buyer. Buyer shall at all times have the right to waive any condition. The waiver by Buyer of any condition in any specific circumstances shall not be a waiver of such condition with respect to any other circumstances or a waiver of any other condition and shall not relieve Seller of any liability or obligation with respect to any representation, warranty, covenant or agreement of Seller, unless the waiver expressly so provides. 6.3. Termination. If any Buyer's Condition Precedent is not timely fulfilled and is not waived by Buyer, Buyer may terminate this Agreement by written notice to Seller and Escrow Holder shall, if Buyer so instructs, return to the Parties all funds and documents deposited by them, respectively, with the Escrow Holder. 6. INVESTIGATION OF THE PROPERTY. (£ ON;uawpuowV V-11 Ajunoo ysiwoyouS : LZ31A10;uauaaaa6V aleS pue aseyaand :;uauayoejjV t0 6.1. Seller's Initial Deliveries. Within ten (10) business days from the Effective Date, Seller shall, at its sole expense, deliver to Buyer copies of disclosure materials pertaining to the condition and/or operation of the Property to the extent currently in possession of Seller. Buyer waives the right to receive a seller disclosure statement if required by RCW 64.06 (the "Form 17," with RCW 64.06 referred to as the "Seller Disclosure Statute"); provided, however, that if the answer to any of the questions in the section of the Form 17 entitled "Environmental" would be "yes," then Buyer does not waive the receipt of the "Environmental" section of the Form 17. Buyer acknowledges and agrees that (i) neither the Form 17 nor any information or statements set forth therein comprise part of this Agreement, (ii) pursuant to RCW 64.06.070, neither the Seller Disclosure Statute nor the Form 17 gives Buyer any additional rights or remedies except for the right of rescission exercised on the basis and within the time limits provided by the Seller Disclosure Statute, and (iii) all statements and information provided by Seller on the Form 17, if any, are made to the actual knowledge of Seller. 6.2. Entry. Without limiting any other rights of Buyer under this Agreement, as of the Effective Date, Buyer and Buyer's agents and employees shall have the right to conduct soils, engineering, environmental and other tests at the Property at Buyer's sole expense. Seller agrees, at Buyer's cost, to cooperate with any such investigations, inspections, or studies made by or at Buyer's direction. The exercise by Buyer of any of the preceding rights or any other act of Buyer shall not negate any representation, warranty or covenant of Seller, or modify any of Buyer's rights or Seller's obligations in the event of any breach by Seller of any of its representations, warranties or covenants under this Agreement. Buyer shall indemnify and hold Seller harmless from any and all damages, liabilities, expense, liens or claims (including but not limited to attorneys' fees) arising from the activities or negligence of Buyer or its employees or agents in the exercise of its testing rights hereunder or failure to pay third parties for testing work as described herein; and the provisions of this indemnity shall survive termination of this Agreement. 6.3. Environmental Assessment. Buyer may obtain such environmental assessments of the Property as Buyer deems appropriate; provided, however, that before conducting any invasive drilling or sampling of the Property, Buyer shall first obtain Seller's written consent as to the work plan, scope and locations of such work, which consent shall not be unreasonably withheld or delayed. 6.4. Period for Investigation. Closing of this transaction is conditioned on Buyer's satisfaction with the Property, the suitability of the Property for Buyer's intended uses and the feasibility of this transaction in Buyer's sole and absolute discretion. Buyer shall have forty (40) business days from the Effective Date to conduct its investigation (the "Due Diligence Period") and to send written notice to Seller ("Approval Notice") that Buyer has satisfied or waived this condition. If Buyer fails to provide an Approval Notice to Seller and the Title Company that this condition is satisfied or waived (together with a conversion of the Earnest Money Note into a cash earnest money deposit) prior to 5:00 p.m. Pacific Time on the final day of the Due Diligence Period, then this Agreement shall be deemed terminated, both Seller and Buyer shall be released and discharged from all further 00 0 M a. m M a. (£ ON;uawpuewV V-11 Alunoo ysiwoyouS : LZ1,0 31A10;uaua99a6V aleS pue aseyaand :;uauayoeJJV t0 obligations under this Agreement, and the Lease shall remain in full force and effect. The Earnest Money Note shall be returned to Buyer and, except as provided in Section 6.2, neither Party shall be subject to a claim by the other for damages of any kind with respect to this Agreement or Buyer's attempt to purchase the Property. 7. SELLER'S OBLIGATIONS. Before the Closing Seller shall, at its sole expense: 7.1. Promptly notify Buyer upon learning of any fact or event that would make any of the representations or warranties of Seller contained in this Agreement (including, without limitation, Buyer's Conditions Precedent and the representations and warranties set forth in section 12 hereof) untrue or misleading in any material respect or that would cause Seller to be in violation of any of its covenants or other obligations hereunder. 7.2. Notify Buyer promptly upon receiving notice of a claim or pending litigation affecting the Property, or notice of any event, transaction, or occurrence before Closing that would materially adversely affect the Property or any part thereof. 7.3. Not convey, mortgage, grant a deed of trust, or contract to do the foregoing or otherwise allow or consent to convey, abandon, relinquish, cloud or encumber title to the Property or any interest therein or part thereof without Buyer's consent. 7.4. Maintain any casualty, liability and hazard insurance currently carried by Seller in force with respect to the Property through the Closing without diminution in coverage. 7.5. Take no action that will adversely affect title to the Property. 8. DELIVERIES TO EsCROw HOLDER. 8,1. By Seller. Seller shall deliver or cause to be delivered to Escrow Holder on or prior to the Closing Date the following items, the delivery of each of which shall be a condition to the performance by Buyer of its obligations under this Agreement: a. Deed. A statutory warranty deed, substantially in form and substance of Exhibit C attached hereto, duly executed and acknowledged by Seller (the "Deed"), conveying to Buyer or its designee title to the Property, free and clear of all liens, encumbrances, restrictions and easements, except only the Permitted Exceptions . b. FIRPTA Affidavit. A certificate in form and substance attached hereto as Exhibit D, duly executed by Seller, evidencing that Seller is exempt from the withholding requirements of Section 1445 of the Internal Revenue Code. C. ALTA Affidavits. Any affidavits, certifications or instruments, including any lien affidavits or mechanic's lien indemnifications, duly executed and acknowledged by Seller, as reasonably may be required by the Title Company in order to issue the Title Policy; PROVIDED THAT Seller shall not be required to deliver affidavits, 0 (£ ON;uawpuewV V-11 Alunoo ysiwoyouS LZ31A10;uauaaaa6V aleS pue aseyaand :;uauayoeJJV 0 � M t0 � a. m M IL certifications or indemnification instruments related to the actions or omissions of Buyer in its capacity as tenant on the Property. d. Title Insurance Policy. Evidence that the Title Company is committed to issue the Title Insurance Policy in conformance with section 4. e. Closing Certificates. A certificate of Seller dated as of the Closing Date certifying that all of Seller's representations and warranties remain true in all material respects as of the Closing Date, or if not, specifying the respect in which any representation or warranty is no longer true. f. Certificates of Authority. Such certificates as are necessary or required by the Title Company to evidence the authority of Seller and its signatories to execute the instruments to be executed by Seller in connection with this transaction, and evidence that the execution of such instruments is the official act and deed of Seller. g. Excise Tax Affidavit. A real estate excise tax affidavit signed by Seller or its agent; provided that Seller and Buyer acknowledge that no real estate excise tax will be due on the transfer_ 8.2. By Buyer. Buyer shall deliver or cause to be delivered to Escrow Holder on or before the Closing Date: a. Closing Funds. Cash by federal funds, wire transfer or cashier's check in the amount necessary to pay the balance of the Purchase Price and Buyer's share of closing costs and prorations. b. Excise Tax Affidavit. A real estate excise tax affidavit signed by Buyer or its agent. 9. CLOSE OF ESCROW. 9.1. Time. The close of escrow (the "Closing") shall occur no more than thirty (30) business days following the delivery of an Approval Notice from Buyer (the "Closing Date') stating that the investigation contingency in Section 6.4 has been satisfied or waived, at the offices of Escrow Holder. When the Title Company is in a position to issue the Title Policy and all documents and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close escrow as provided for in Section 9.2 below. The failure of either Seller or Buyer to be in position to close by the Closing Date, without lawful excuse under this Agreement, shall constitute a default by such Party. 9.2. Procedure. Escrow Holder shall close the transaction as follows: a. Obtain the release of the Property from any mortgage, mechanics or judgment liens described in the Commitment except the Permitted Exceptions; (£ ON;uawpuowV V-11 Ajunoo ysiwoyouS LZ4l) 31A10;uauaaaa6V aleS pue aseyaand :;uauayoejjV r � r � M t0 � a. m M a b. Record the real estate excise tax affidavit and pay any applicable fees and record the Deed; C. Complete the prorations; d. Deliver the Purchase Price less Seller's closing costs and prorations (as described in Sections 9.4(a) and (b) below) to Seller; e. Issue and deliver the Title Policy to Buyer (which may occur within 5 business days after the Closing Date); Deliver any other documents deposited by Seller to Buyer; and g. Forward to Buyer and Seller, in duplicate, a separate accounting of all funds received and disbursed for each Party and copies of all executed and recorded or filed documents submitted to Escrow Holder, with such recording and fling date endorsed thereon. 9.3. Incorporation of Escrow Instructions. This Agreement shall serve as escrow instructions, and an executed copy of this Agreement shall be deposited by Buyer with Escrow Holder following its execution. The Parties may execute additional escrow instructions provided that such additional escrow instructions shall not change the terms of this Agreement without mutual agreement of the Parties. 9.4. Closing Costs and Prorations. a. Closing Costs. Buyer and Seller shall each pay their own attorneys' fees. Buyer shall pay the cost of recording the Deed and one-half (1/2) of escrow fees. Seller shall pay one-half (1/2) of escrow fees, and the title insurance premium charged by the Title Company for a standard owner's policy. If required by Buyer, Buyer shall pay the additional premium charged by the Title Company for extended coverage and the Endorsements and the cost of the survey. b. Prorations. At Closing, there shall be no prorations since Buyer currently pays all taxes, general assessments, utilities and operating expenses relating to the Property pursuant to the Lease. Any special assessments against the Property in existence as of the Closing Date shall be assumed or paid by Buyer. 9.5. Possession. Possession of the Property shall be delivered to Buyer upon Closing. M. Deliveries Outside of Escrow. On or promptly after the Closing Date, Seller shall deliver to Buyer outside of Escrow any of the following in Seller's possession: any books and records of account, contracts, leases and non -privileged leasing (£ ON;uawpuewV V-11 Ajunoo ysiwoyouS : LZ1,0 31A10;uaua99a6V aleS pue aseyaand :1u9uay3ejjV �D correspondence pertaining to the Property, architectural and engineering plans, drawings and specifications for the improvements to the Property, any "As -Built" plans and specifications, original operating permits and certificates relating to use, occupancy or operation of the Property, any keys if any, used in operation of the Property. 10. BROKERAGE COMMISSION. Seller warrants to Buyer and Buyer warrants to Seiler that each Party's sole contact with the other and with the Property regarding this transaction has been directly with the other Party and has not involved any commissioned - based broker or finder. Seller and Buyer further warrant to each other that no broker or finder can properly claim a right to a commission or finder's fee based upon contacts between the claimant and that Party with respect to the other Party or the Property. Each Party shall indemnify, defend and hold the other Party harmless from and against any loss, cost or expense, including, but not limited to, attorneys' fees and court costs, resulting from any claim for a fee or commission by any broker or finder in connection with the Property and this Agreement resulting from the indemnifying Party's actions. 11. CASUALTY OR CONDEMNATION. 11.1. If there is a condemnation of all or part of the Property initiated before Closing, Seller shall promptly notify Buyer and Buyer shall have the option for ten (10) days following the date the notice is received (a) to proceed with the Closing, in which event all condemnation proceeds already received by Seller by the Closing shall be paid to Buyer and the right to receive such proceeds not yet received by Seller shall be assigned to Buyer at the Closing, or (b) to terminate this Agreement. Unless this Agreement is terminated, Seller shall take no action with respect to any condemnation proceeding without the prior written consent of Buyer. 11.2. If any casualty costing $10,000.00 or more to repair has occurred to the Property before Closing, Buyer at its election may terminate this Agreement (in which case the Lease shall remain in effect) or proceed to close, and in the latter case Seller shall assign to Buyer all insurance proceeds attributable to the casualty. if there is a casualty to the Property costing less than $10,000.00 to repair, there will be no termination of this Agreement; such damage shall be repaired by the party required under the Lease to repair such damage. 12. REPRESENTATIONS, WARRANTIES AND COVENANTS. 12.1, Setter's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants contained elsewhere in this Agreement, Seiler as of the date of this Agreement and as of the Closing Date makes the following representations, warranties and covenants: a. Title. Seller is the sole owner of the Property. At Closing, Buyer will acquire the entire fee simple estate and right, title and interest in and to the Property, free and clear of all recorded or unrecorded liens, encumbrances, covenants, restrictions, reservations, easements, options, tenancies, leases encroachments, claims or (£ ON;uawpuewV V-11 Alunoo ysiwoyouS LZ4l) 31A10 Juaua99a6V aleS pue aseyaand :;uauayoeJJV M � M a. m M a other matters affecting title or possession of the Property, subject only to the Permitted Exceptions and any other matters created by Buyer. b. Agreements to Transfer or Encumber. Except as shown in the Commitment, Seiler has not committed nor obligated itself in any manner whatsoever to sell, lease or encumber the Property or any interest therein to any party other than Buyer. C. Bankruptcy, Etc. No bankruptcy, insolvency, rearrangement or similar action involving Seller or, to Seller's Knowledge (as defined below), the Property, whether voluntary or involuntary, is pending, threatened in writing by a third party, or contemplated by Seller. d. Litigation. There is no pending or, to Seller's Knowledge, threatened in writing, judicial, municipal or administrative proceedings with respect to Seller, this transaction or in any manner affecting the Property or any portion thereof or in which Seller is or will be a party by reason of Seller's ownership of the Property or any portion thereof. e. Notices. Seiler has not received any written notices from any insurance companies, governmental agencies or from any other parties with respect to any violations or other matters concerning the Property. f. Good Standing and Due Authority. Seller has all requisite power and authority to execute and deliver this Agreement and to carry out its obligations hereunder and the transactions contemplated hereby. This Agreement has been, and the documents contemplated hereby will be, duly executed and delivered by Seller and constitute the Seller's legal, valid and binding obligation enforceable against Seller in accordance with its terms. The consummation by Seller of the sale of the Property is not in violation of or in conflict with nor does it constitute a default under any term or provision of the terms of any agreement or instrument to which Seller is or may be bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority- g. No Omissions. All representations and warranties made by Seller in this Agreement, and all information contained in any certificate furnished by Seller to Buyer in connection with this transaction, are free from any untrue statement of material fact and do not omit to state any material facts necessary to make the statements contained herein or therein not misleading. The copies of any documents furnished to Buyer in connection with this transaction are true and complete copies of the documents they purport to be and to the Seller's Knowledge contain no untrue statement of material fact and do not omit to state any material facts necessary to make the statements contained therein not misleading. h. Leases, Service Contracts or Other Contracts. Other than the Lease between Buyer and Seller or as otherwise shown in the Commitment, Seller has H (£ ON;uawpuewV b'll Alunoo ysiwoyouS : LZ31A10;uauaaaa6V aleS pue aseyaand :;uauayoeJJV � M a. m M a not entered into any leases, service contracts or other contracts regarding or related to the Property. i. Mechanic's Liens. Seller has not directed that any labor, material or services be furnished in, on or about the Property or any part thereof. j. Assumption of Liabilities. Buyer, by virtue of the purchase of the Property, will not be required to satisfy any obligation of Seller arising prior to the Closing Date except as shown in the Commitment. As used herein, "Seller's Knowledge" means the present, actual knowledge, with no duty of due diligence or inquiry, of Stewart Mhyre, Executive Director Business & Operations, and Brian Harding, Facilities Director. Such persons have not undertaken or inquired into (having no duty to undertake or to inquire into) any independent investigation or verification of the matters set forth in any representation or warranty, including without limitation an investigation or review of any documents, certificates, agreements or information that may be in, or may hereafter come into, the possession of Seller. Buyer acknowledges that the individuals named above are named solely for the purpose of defining and narrowing the scope of Seller's knowledge and not for the purpose of imposing any liability on or creating any duties running from such individuals to Buyer. Buyer covenants that it will bring no action of any kind against such individuals related to or arising out of any representations and warranties made by Seller herein. 12.2 Buyer's Representation. Buyer represents and warrants that as of the date of this Agreement and as of the Closing Date, Buyer is a Washington municipal corporation duly organized, validly existing and in good standing in the state of Washington. Buyer has all requisite power and authority to execute and deliver this Agreement and to carry out its obligations under this Agreement and the transactions contemplated by this Agreement. This Agreement has been initially executed by the Mayor of the City of Edmonds as an offer to purchase that is expressly contingent on the approval of this Agreement by the Edmonds City Council. This Agreement shall not constitute a legal, valid and binding obligation enforceable against the Buyer until the Edmonds City Council has taken action to approve it during an open public meeting. The delivery of the Approval Notice referenced in Section 6.4 shall constitute irrevocable evidence that this contingency has been satisfied. Subject to the foregoing City Council approval contingency, the consummation by Buyer of the purchase of the Property is not in violation of or in conflict with nor does it constitute a default under any term or provision of the bylaws of Buyer, or any of the terms of any agreement or instrument to which Buyer is or may be bound, or of any provision of any applicable law, ordinance, rule or regulation of any governmental authority or of any provision of any applicable order, judgment or decree of any court, arbitrator or governmental authority. (£ ON;uawpuewV V-11 Alunoo ysiwoyouS LZI, 31A10 Juaua99a6V aleS pue aseyaand :;uauayoeJJV LO 47 pl M to a. m M a 13. INTENTIONALLY OMITTED. 14. INDEMNIFICATION. 14.1. Seller's Indemnity. Seller shall pay, protect, defend, indemnify and hold Buyer harmless from and against any and all loss, liability, damage and expense suffered or incurred by reason of (a) the breach of any representation, warranty or agreement of Seiler set forth in this Agreement, (b) the failure of Seller to perform any obligation required by this Agreement to be performed by Seller or (c) any injuries to persons or property on or about the Property from any cause occasioned in whole or in part by any acts or omissions of the Seller, its representatives, employees, contractors or suppliers that occurred before Closing. Seller shall defend any claim covered by this indemnity using counsel reasonably acceptable to Buyer. 14.2. Buyer's Indemnity. Buyer shall pay, protect, defend, indemnify and hold Seller harmless from and against any and all loss, liability, damage and expense suffered or incurred by reason of (a) the breach of any representation, warranty or agreement of Buyer set forth in this Agreement, (b) the failure of Buyer to perform any obligation required by this Agreement or in the Lease to be performed by Buyer or (c) the ownership, maintenance, and/or operation of the Property after Closing by Buyer. Buyer shall defend any claim covered by this indemnity using counsel reasonably acceptable to Seller. 15. SURVIVAL. The covenants, agreements, representations and warranties made in this Agreement shall survive the Closing unimpaired for six (6) months and shall not merge into the Deed and the recordation thereof. 16. ENTIRE AGREEMENT. This Agreement contains the entire integrated agreement of the Parties, including all of the covenants and conditions between the Parties with respect to the subject matter of this Agreement, and supersedes all prior correspondence, agreements and understandings, both verbal and written. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing and signed by Seller and Buyer. The Parties do not intend to confer any benefit under this Agreement to any person, firm or corporation other than the Parties. 17. DEFAULT; REMEDIES 17.1. Specific Performance. This Agreement pertains to the conveyance of real property, the unique nature of which is hereby acknowledged by the Parties. Consequently, if Seller breaches or defaults under this Agreement or any of the representations, warranties, terms, covenants, conditions or provisions hereof, Buyer shall have the right to either (a) demand specific performance of this Agreement; or (b) to terminate this Agreement upon written notice without liability to Seller. 17.2. Attorneys' Fees. If either Party brings an action or other proceeding against the other Party to enforce any of the terms, covenants or conditions hereof or any 12 (£ ON 1uauapu9uad V-11 Alunoo ysivaoyouS : LZ1,0 31A10;uauaaaa6V aleS pue aseyaand :;uauayoeJJV t0 instrument executed pursuant to this Agreement, or by reason of any breach or default hereunder or thereunder, the Party prevailing in any such action or proceeding shall be paid all costs and reasonable attorneys' fees by the other Party, and in the event any judgment is obtained by the prevailing Party all such costs and attorneys' fees shall be included in the judgment. 18. NOTICES. All written notices required to be given pursuant to the terms hereof shall be either delivered personally or deposited in the United States mail, certified mail, return receipt requested, postage prepaid and addressed to the addresses listed below with copies to the Parties listed after such address: SELLER BUYER Edmonds School District #15 20420 68th Ave West Lynnwood, WA 98036-7400 Attn: Stewart Mhyre Fax: (425) 431-7198 City of Edmonds 700 Main Street Edmonds, WA 98020 Attn: Carrie Hite Fax: (425) 771-0247 The foregoing addresses may be changed by written notice to the other Party as provided herein. Mailed notice properly given shall be deemed received four (4) days after deposit in the mail. Facsimile transmission of any signed original document or notice, and retransmission of any signed facsimile transmission, shall be the same as delivery of an original. At the request of either Parry or the Escrow Holder, the Parties will confirm facsimile transmitted signatures by signing an original document. 19. PARTIAL INVALIDITY. If any terra or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby; and each such term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 20. WAIVERS. No waiver of any breach of any covenant or provision in this Agreement shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision in this Agreement. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act. 13 M a. m M a. (£ ON;uawpuewV V-11 Alunoo ysiwoyouS : LZ31A10;uaua99a6V aleS pue aseyaand :;uauayoeJJV ti � M t0 � a. m M IL 21. CONSTRUCTION. Captions are solely for the convenience of the Parties and are not a part of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. If the date on which Buyer or Seller is required to take any action under the terms of this Agreement is not a business day, the action shall be taken on the next succeeding business day. 22. TIME. Time is of the essence for every provision of this Agreement. 23. FORCE MAJEURI . Performance by Seller or Buyer of their obligations under this Agreement shall be extended by the period of delay caused by force majeure. Force majeure is war, natural catastrophe, strikes, walkouts or other labor industrial disturbance, order of any government, court or regulatory body having jurisdiction, shortages, blockade, embargo, riot, civil disorder, or any similar cause beyond the reasonable control of the Party who is obligated to render performance (but excluding financial inability to perform, however caused). 24. SUCCESSORS. The terms, conditions and covenants contained in this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto. Buyer shall not assign this Agreement without the prior written consent of Seller, which consent may be withheld or conditioned in Seller's sole and absolute discretion. 25. APPLICABLE LAw. This Agreement shall be governed by the law of the State of Washington. Venue for any dispute shall be in Snohomish County. 26. RECITALS AND EXHIBITS. The Recitals and Exhibits are incorporated into this Agreement by this reference. 27. COUNTERPARTS. This Agreement may be signed in counterparts, any of which shall be deemed an original. 28. DATE. This Agreement is made this day of , 2015, ]SIGNATURE PAGES FOLLOW] 14 (£ ON;uawpuowV V-11 Ajunoo ysiwoyouS LZ31A10;uauaaaa6V aleS pue aseyaand :;uGwLl3ejjv 00 � M t0 � a m M IL SELLER: Edmonds School District #15 A Washington municipal corporation By: Name: N° c.£f J , Title: .�•�.e _ _ 15 (£ ON;uawpuowV V-11 Ajunoo ysiwoyouS LZ31A10;uauaaaa6V aieS pue aseyaand :;uauayoejjV 4 PI M to a m M IL BUYER: City of Edmonds A municipal corporation of the State of WashingtA By: "r4/. �. Name: David O. Eariing Title: Mayor 16 (£ ON;uawpuowV V-11 Ajunoo ysiwoyouS LZI, 3IA10;uauaaaa6V aleS pue aseyaand :;uauayoejjv 0 47 tV pl M to a m M a EXHIBIT LIST Exhibit A Legal Description and Map Exhibit B Property Depiction Exhibit C Form of Deed Exhibit D Form of Non -Foreign Certificate EXHIBIT 3.3 Earnest Money Note 17 (£ ON;uawpuowV V-11 Ajunoo ysiwoyouS LZ1, 3IAI0;uaua99a6V aleS pue aseyoind :;uauayoejjv N � M t0 � a m M a EXHIBIT A LEGAL DESCRIPTION Lots 1 through 20, inclusive. Block 99, Lots 1 through 40, inclusive. Block 100, and Lots 21 through 40, inclusive, Block 101, City of Edmonds, according to the Plat thereof recorded in Volume 2 of Plats, pages 39 and 39A, records of Snohomish County, Washington. 18 (£ ON;uawpuetuV V-11 A;unoo ysiwoyouS LZ66) o!n13 }uauaaaJBV ajeS pue aseyaand :;uauayael1v N ti M CO � a m m a EXHIBIT B— Property Depiction 19 47 �D (£ ON;uawpuewV V-11 Ajunoo ysiwoyouS : LZ1,0 31A10;uauaaaa6V aleS pue aseyaand :1uGwLI3ejjV EXHIBIT C FORM OF DEED Return Address Document Title(s) (or transactions contained therein): l_ Statutory Warranty Deed Reference Number(s) of Documents assigned or released: NIA (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): 1. Edmonds School District No. 15 2. — Additional names on page _ of document. Grantee(s) (Last name first, then first name and initials): 1. City of Edmonds 2. — Additional names on page ........ of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Full legal is on page 3 of document. Assessor's Property Tax Parcel/Account Number 20 M N M a m M IL (£ ON;uawpuewV V-11 Alunoo ysiwoyouS : LZ31A10;uaua99a6V aleS pue aseyoind :;uauayoeJJV 47 N PI M to a. m M a STATUTORY WARRANTY DEED Grantor, EDMONDS SCHOOL DISTRICT NO. 15, a Washington municipal corporation, for and in consideration of Ten Dollars ($10) in hand paid and other good and valuable consideration, receipt of which is hereby acknowledged,_ conveys and warrants to THE CITY OF EDMONDS, a Washington municipal corporation, that certain real property located in the City of Edmonds, Snohomish County, Washington, more particularly described on EXHIBIT A attached hereto and incorporated herein by reference, subject to the matters shown on EXHIBIT B attached hereto and incorporated herein by reference. Dated this 2 �' day of �jo v , 201_. Grantor. EDMONDS SCHQOL DISTRICT NO. 15 By: 02n�-�Z— Nick Bro up it, Serintendent 00358-0859/128230360.1 (£ ON;uawpuowV V-11 Ajunoo ysiwoyouS LZ1, 31AI0;uauaaaa6V aleS pue aseyoind :;uauayoejjV LO N � M t0 � a. m M IL STATE OF WASHINGTON } ss. COUNTY.OF,� On thin day of Nod., 201 5, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Nick Brossoit, to me known to be the person who signed as Superintendent of EDMONDS SCHOOL. DISTRICT NO., IS, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said Superintendent of the municipal corporation and that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for 1hj State of Washington, residing atwrt n �� My appointment expires: 0033M859/ 128230360.1 (£ ON;uawpuowV V-11 Ajunoo ysiwoyouS LZ31A10;uauaaaa6V ajeS pue aseyoind :;uauayoejjv CD N � M a m EXHIBIT A TO DEED I a Legal Description 00358-0854f 1282303% 1 (£ ON;uawpuowV V-11 Ajunoo ysiwoyouS : LZ31A10;uauaaaa6V ajeS pue aseyoind :luauayoejjv ti N � M t0 � a m EXHIBIT B TO DEED I a Title Exceptions 003 5 8-0859/128230360. 1 (£ ON;uawpuewV V-11 Ajunoo ysiwoyouS : LZ31A10;uaua99a6V ajeS pue aseyoind :;uauayoejjV 00 N � M t0 � a. m ,c EXHIBIT D I a FORM OF NON -FOREIGN CERTIFICATE CERTIFICATE OF NON -FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U. S. real property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) that withholding of tax is not required upon the disposition of a U.S. real property interest by EDMONDS SCHOOL DISTRICT NO. 15, a Washington municipal corporation ("Seller'), the undersigned hereby certifies the following on behalf of Seller: I. Seller is not a Foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations). 2. Seller's U. S. employer identification number is 91-6001971. 3. Seller is not a disregarded entity as defined in § 1.1445--2(b)(2)(iii) of the Internal Revenue Code. 4. Seller's office address is: 20420 68th Avenue West Lynnwood, WA 98036 5. Seller understands that this certification may be disclosed to the Internal Revenue Service by the transferee (buyer) and that any false statement contained herein could be punished by fine, imprisonment, or Moth. Under penalties of penury, the undersigned declares that he has examined this certification and to the best of his knowledge and belief it is true, correct and complete, and he further declares that he has the authority to sign this document on behalf of Seller. Executed as of the S' day off, 201 S; at Li�t� ao,4 ., Washington. SELLER: 00359-0859/128230360.1 EDMOlvDS SOL "STRICT NO. 15 By: Nick ssoit, Superintendent (£ ON;uawpuewV V-11 Ajunoo ysiwoyouS : LZ31A10;uaua99a6V aleS pue aseyoind :;uauayoejjV N � M t0 � a. m M EXHIBIT 3.3 a EARNEST MONEY NOTE $50,000.00 Edmonds, WA , 2015 FOR VALUE RECEIVED, the undersigned promises to pay in lawful money of the United States, to the order of CHICAGO TITLE INSURANCE COMPANY, the amount of Fifty Thousand Dollars ($50,000.00) to be held as the earnest money Deposit in accordance with Section 3.3 of the Agreement defined below, for the account of EDMONDS SCHOOL DISTRICT NO. 15 ("Payee"). This note shall be paid as follows: Upon demand, after expiration of the Due Diligence Period, as that term is defined in Section 6.4, and otherwise pursuant to the provisions of, that certain Purchase and Sale Agreement dated , 2015 ("Agreement") between the undersigned as buyer ("Buyer") and Payee as seller with respect to certain real property located in the City of Edmonds, Snohomish County, Washington, unless (i) Buyer has terminated the Agreement on or before the expiration of the Due Diligence Period or (ii) the transaction contemplated under the Agreement has closed and Buyer has paid Payee the full purchase price as set forth in the Agreement. This note shall not bear interest if paid when due. If this note shall be placed in the hands of an attorney for collection or if suit is brought on this note after default in any payment, the undersigned promises and agrees to pay reasonable attorneys' fees incurred thereby. If the undersigned defaults in the payment of this note, it shall bear interest at the rate of eighteen percent (1 S%) per annum from the date due until paid in full. This note shall be construed according to the laws of the state of Washington. CITY OF EDMONDS, a Washington municipal corporation By: Name: Title: 00358-095(J/128230360.1 6.7.g LEY ST City of Edmonds Washington z z a a = 262,783 ft2 = OR 6.03 ACRES E- -M N BELL ST 100 Feet Civic Field Property Map RCO# 14-1199A Q Subject Property Project Sponsor: City of Edmonds Date: 02/29/2016 Packet Pg. 330 6.8 City Council Agenda Item Meeting Date: 04/12/2016 Critical Area Ordinance Update (75 min.) Staff Lead/Author: Kernen Lien Department: Planning Division Initiated By: Background/History All cities and counties in Washington State are required to adopt and periodically update critical areas regulations by the Growth Management Act (GMA). As defined by the GMA, "Critical areas" include the following areas and ecosystems: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas." [RCW 36.70A.030(5)] In 2015, the City worked with an environmental consulting firm, ESA, on updating the City's critical area regulations as required by the GMA. The update began with a review of the City's 2004 Best Available Science (BAS) report for which ESA prepared the 2015 BAS Addendum. This information, along with staff experiences implementing the critical area regulations over the last 10 years, was used to propose an update to the City's critical area regulations contained in the Edmonds Community Development Code (ECDC) 23.40 - 23.90, as well as the portion of the building code that addresses frequently flooded areas (a typed of critical area) for likely sea rise. The Best Available Science and Gap Analysis Matrix summarize proposed changes to the code. ESA also prepared a memorandum that addressed some flexibility that is being proposed in the updated critical area regulations following the format of WAC 365-195-915. Staff also prepared a Q & A memorandum that addressed some general concepts and specific questions that arose during review of the critical area regulations. The On October 29, 2015, Washington State Department of Ecology submitted a letter of support for the draft critical area regulations. The Planning Board reviewed the proposed changes to the critical area regulations over the course of five meetings and forwarded a recommendation to the City Council in July 2015. The City Council began review of the critical area regulations in September 2015 and reviewed the updated critical area regulations over five Council meetings in 2015. At the last Council meeting of 2015, the City Council proposed a number of amendments to the draft critical area regulations which were adopted in Ordinance No. 4017 and subsequently vetoed by the Mayor. Following reconsideration of the Mayor's veto, the Council discussed returning to review the version of the critical area regulations that were considered at the December 15, 2015 meeting. At the February 2, 2016, the Council discussed returning to the December 15, 2015 version of the critical area regulations as contained in Exhibit 1 and providing staff potential amendments for discussion at the next Council meeting for critical area discussion. An initial set of proposed Council amendments were discussed at the February 23, 2016 Council meeting. The Council decided to hold another public hearing Packet Pg. 331 6.8 on the "universe" of potential amendments to the draft critical area regulations. A second public hearing on the critical area regulation and potential amendments was held on March 15, 2016. Staff Recommendation Continue discussion and decide which potential amendments to carry forward so specific language for the amendments can be refined and incorporated in the draft critical area regulations. Narrative Following the March 15, 2016 Public Hearing and during the April 5, 2016 Council meeting, the City Council reviewed the potential amendments to the draft critical area regulations contained in Exhibit 1 (March 15, 2016 Council minutes excerpt contained in Exhibit 7). The Council took action on twelve of the potential amendments during the March 15th and April 5th Council meetings. Those actions are summarized below. Council will continue review of the potential amendments at this Council meeting. Amendments City Council has taken action on at the March 15th and April 5th Council meetings: Amendment LA: Replace language regarding physically separated/functionally isolated buffer contained in ECDC 23.40.220.C.4 of Exhibit 1 with council proposed code language. Council voted to adopt the Council -proposed language, except for the City Council review portion. References to physically separated/functionally isolated buffers will be changed to "interrupted buffer" given the approved Amendment 1.13 below. Amendment 1.13: Rename provision to physically separated/potentially isolated or "interrupted buffer." Council voted to rename the "physically separated/functionally isolated" buffer provision to "interrupted buffer." Amendments 2.A - 2.C: Council Review/Critical Area Decision Process. These amendments suggested Council review for certain critical area decisions, creating a decision matrix identifying which proposals would undergo Council review, or establishing a new process for critical area decisions. The City Attorney drafted a new Critical Area contingent review procedure to address Council concerns regarding critical area reviews. Council voted to have the new Critical Area Contingent Review Procedure (Exhibit 2) apply to restoration projects (as approved in Amendment 9) that occur on Category I or II wetlands, Category I or 11 Estuarine Wetlands, or anadromous fish bearing streams. Amendment 3: ECDC 23.40.220.C.7.b.iv - Hazard Tree Replacement - The proposed Council amendment is to change the required diameter of deciduous replacement trees from one inch dbh to one -to -two inches dbh. Council voted to make the proposed amendment. Amendments 4: Definitions A. ECDC 23.40.320 - Normal Maintenance of Vegetation Definition Packet Pg. 332 6.8 "Normal maintenance of vegetation" means removal of shrubs/non-woody vegetation and trees (less than 4-inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the City in the past 5 years. Council voted to make the proposed amendment B. Add definition for "Council" to reflect "Edmonds City Council" Council voted to insert a reference to ECDC 21.15.030 which contains a definition of "City council (or council)" C. Add definition for Best Available Science. Council voted to insert a reference to ECDC 23.40.310 (Best Available Science) in the definitions section. D. Move definitions from Part VI to ECDC 23.40.010 after Purpose section. Council voted to make the proposed amendment. Amendment 7: Council Status Reports - The amendment is to require periodic reports to the City Council regarding critical area decisions issued in the City of Edmonds. Council voted to approve the following language regarding critical area reports to the City Council: The Director will provide a report to the City Council during the 1" and 3'd quarter each year, summarizing critical area decisions that have been made since the previous report. The report will include information such as, the number and type of critical area decisions that have been made, including information on buffers and enhancements approved for each applicable decision, a description of each approved restoration project, and other information specifically requested by the Council following the previous report. Amendment 9: ECDC 23.40.215 - Restoration Projects - This is a new section intended to provide incentives for restoration projects not required as mitigation for a development proposal. The proposed amendment is to replace the restoration project language in Exhibit 1 with Council -proposed language. The Council voted to adopt the Council -proposed language with some minor changes. As noted in Amendment 2 above, restoration projects on Category I or II wetlands, Category I or II Estuarine wetlands, or anadromous fish bearing streams will be subject to the new critical area contingent review process. Amendment 11: ECDC 23.40.040.D - Areas Adjacent to Critical Areas - The proposed amendment would keep only the first sentence and delete the remainder of the section, so ECDC 23.40.040.D would read as follows: Areas Adjacent to Critical Areas Subject to Regulation. Areas adjacent to critical areas shall be considered to be within the jurisdiction of these requirements and regulations to support the intent of Packet Pg. 333 6.8 this title and ensure protection of the functions and values of critical areas. Council voted to make the proposed amendment. Amendment 12: ECDC 23.40.090.D - Minimum Report Contents. The proposed amendment is to require critical area reports to identify the location of all native and non-native vegetation of 6 inches dbh or larger. Council voted to make the proposed amendment. POTENTIAL COUNCIL AMENDMENTS REQUIRING ACTION 5. ECDC 23.90.040.0 - Retention of Vegetation on Subdividable and Undeveloped Parcels Existing and Draft Code: The existing ECDC 23.90.040.0 requires the retention or establishment of a minimum of 30 percent native vegetation on undeveloped or redeveloped property within the RS-12 and RS-20 zones in the City of Edmonds. The existing provision has characteristics similar to a provision in King County's critical area ordinance that was struck down by the Washington Court of Appeals, Division I, in Citizens Alliance for Property Rights v. Sims, 145 Wash. App. 649, 1998. The existing code is similar to the King County provision in that it is too generally applied without considering site specific factors such as the type of habitat this provision is intended to protect. The proposed changes in the draft ECDC 23.90.040 (Exhibit 1, pg. 84) focus standards on site -specific characteristics (presence of streams, wetlands, and/or a landslide hazard area) and provide more definition to specific habitat features to be retained by this provision (10 inch dbh trees make up 70% of canopy coverage). When these conditions are not present on a particular property, the director may waive the provisions of ECDC 23.90.040.C. Potential Council Amendments: The Councilmembers have offered up three potential amendments to ECDC 23.90.040.C. A. Include RS-8 and RS-10 in addition to RS-12 and RS-20 zones to where this provision would apply. B. Consider requiring a different percentage of coverage for the RS-8 and RS-10, such as 20% percent as opposed to the 30% requirement for RS-12 and RS-20 zones. C. Change "...native trees over 10 inches in dbh make up more than 70 percent of the canopy cover" to "...native trees over 6 inches in dbh make up more than 40 percent of the canopy cover." Discussion: Amendment 5.A to include RS-8 and RS-10 zoned properties has the potential to greatly expand the area that this provision may apply. There are approximately 1,416 acres of RS-12 and RS-20 zoned properties in the City of Edmonds. There are another 2,406 acres of RS-8 and RS-10 zoned properties in the City. So Packet Pg. 334 6.8 there is a potential to nearly triple the area that this provision may apply to -- from 1,416 acres to 3,822 acres. The result would be that this provision could potentially apply to all areas of the City except the Bowl (which is zoned RS-6). In addition to the zone, in order for this provision to apply, the site must also contain a landslide hazard area; stream or stream buffer; or a wetland or wetland buffer. The RS-12 and RS-20 zones were established in part because of the presence of critical areas (steep slopes in particular). The Comprehensive Plan states that the designation associated with the RS-12 and RS-20 zones is "Single Family Resource." It also states that RS-8 and RS-10 zones are associated with the "Single Family Urban" designations. The RS-8 and RS-10 zoned properties contain less steep slopes and other critical areas and are more urban in nature. A distinction should be made between protecting native vegetation associated with critical areas vs. policies aimed at general tree protection which more properly belong in other chapters of the code -- and require a different analysis. Amendment 5.13 would only apply if Amendment 5.A is adopted. The numbers in the zone correspond to the minimum lot size; RS-8 requires a minimum lot size of 8,000 square feet, RS-10 requires a minimum lot size of 10,000 feet, and so forth. Requiring 30% native vegetation retention on RS-8 and RS-10 zones would have a greater impact on developable area for a home compared to the RS-12 and RS-20 zones. Amendment 5.0 will be likely to trigger the requirements of this provision in more areas than the original proposal. The 10 inch dbh and 70% canopy coverage of the draft provision was proposed by our environmental consultant, ESA, because of specific habitat value provided by that size of trees. The proposed amendment is not tied to any specific habitat per se, but with a desire to preserve more canopy coverage within the City. Given that the RS-8 and RS-10 zones are identified for urban development in the Comprehensive Plan, and the proposed Amendment 5.0 is largely to preserve additional canopy coverage, proposed Amendments 5.A and 5.13 would not be appropriate amendments for the critical area regulations, but would be more appropriately addressed through canopy coverage goals developed through an Urban Forest Management Plan. As the City develops its Urban Forest Management Plan, the City may further identify particular areas where tree retention is desired, or specifically identify goals for habitat corridors where the native vegetation retention requirements of this provision should be applied. The Urban Forest Management Plan could also refine the type of habitat structure this provision is intended to preserve and that information could be used to further refine the native vegetation provision in ECDC 23.90.040.C. 6. Frequently Flooded Area Amendments in ECDC 19.00.025 and ECDC 21.40.030 Draft Provisions: While frequently flooded areas are by definition a type of critical area, development within the flood zones in Edmonds is specifically guided by building code requirements: ECDC 19.00.025, the International Residential Code (IRC) for residential development, and the International Building Code (IBC) for commercial development. As part of the critical areas update, two provisions are proposed for development within frequently flooded areas. The first is an addition to the building code in ECDC 19.00.025 (Exhibit 1, pg. 91) that Packet Pg. 335 6.8 requires all structures in the coastal flood hazard zone to be constructed two feet above the base flood elevation. The second proposal is a change to the definition of height in ECDC 21.40.030 (Exhibit 1, pg. 91). Where existing grade along the waterfront is at or below the base flood elevation, requiring structures to be built two feet above base flood elevation would effectively eliminate two feet of the allowable height for a structure. In order to maintain existing height allowances, the Planning Board recommended modifying the definition of height contained in ECDC 21.40.030 to allow for the height of structures within the Coastal High Hazard Areas to be measured from two feet above base flood elevation, thus compensating for the impact of the new requirement. Potential Council Amendment: This proposed amendment is to not include the amendments related to frequently flooded areas contained in in ECDC 19.00.025 and 21.40.030 (Exhibit 1, pg. 91). The comment behind this is that the proposed amendments for 19.00.025 and 21.40.030 are not technically part of the Critical Areas Ordinance. Additionally, it was noted the proposed changes are in anticipation of FEMA flood hazard maps which have not been issued by the Federal government. Discussion: While the proposed code amendments are not contained within ECDC 23.40 - 23.90 (the part of the municipal code typically thought of as the Critical Area Regulations), frequently flooded areas actually are a critical area by definition. Rather than include the amendments in 23.70 - Frequently Flooded Areas, the proposed requirement requiring all structures to be constructed two feet above base flood elevation is more appropriately included in the Building Code which also regulates development within the flood plain. The proposed amendment to the definition of height is intended to compensate for the requirement to build above base flood elevation in order to maintain existing height allowances. The sustainability element of the Comprehensive Plan notes, "Focusing on short-term, expedient solutions will only make actions necessary to support sustainability more difficult to take in the future. For example, in the areas of environmental issues and climate change, deferred action now will only make the cumulative effects more difficult to resolve in the future. The familiar GMA-based 20-year planning timeframe will not be sufficient - planning for sustainability must take an even longer view." (Comprehensive Plan, page 20). While updated FEMA flood hazard maps have not been adopted yet (current scheduled effective date is Summer 2017), it is important to consider the potential impacts of developing on the shoreline, including sea level rise and the impending updated flood plain maps. 8. Appendices Existing and Draft Code: Neither the existing or draft code has appendices; however, information regarding mapping is included in the code. For instance see ECDC 23.50.010.D (Exhibit 1, pg. 36), 23.80.030.A (Exhibit 1, pg. 65), and ECDC 23.90.010.0 (Exhibit 1, pg. 78) for specific maps that are referenced in the critical area regulations. Maps displaying this and other information are included as Exhibits 3 - 5. These maps are general and not regulatory; specific location and classification of critical areas must be made on a site -specific basis by a qualified professional. Potential Council Amendments: Packet Pg. 336 6.8 Two amendments have been proposed regarding adopting critical area maps and an inventory of all critical areas within the City of Edmonds as new appendices in the critical area regulations. A. Make a new Appendix A formally adopting critical areas maps such as those in Exhibits 4 - 6. B. Make a new Appendix B with an inventory of all critical areas within the City of Edmonds including buffer widths. Discussion: Information on the maps included in Exhibits 3 - 5 are not at a scale or level of accuracy to be relied upon solely for determining the presence or absence of critical areas on any given property. As noted by the references to maps above, much of the information on these maps are controlled and updated by other state and federal agencies include Washington State Department of Ecology, Washington State Department of Natural Resources, Washington State Department of Fish and Wildlife, U.S. Geological Survey, and National Oceanic and Atmospheric Administration. These maps are to be used as a reference only and specific locations of critical areas must be identified on the ground for any given site. Proposed Amendment 8.13 to inventory all critical areas in the City of Edmonds would be a massive and expensive task. In order to develop an inventory and assign associated buffers to every critical area in the City would involve sending a team of wetland scientists, stream biologists, and geotechnical engineers out to visit every single property within the City and classify each stream and wetland in accordance with the criteria established in the critical area regulations. They would need permission from the property owners. Furthermore, the draft regulations in ECDC 23.80.070 (Exhibit 1, pg. 71) require geotechnical engineers to assign setbacks on a case by case basis, so it would be impossible to establish the geotechnical portion of Amendment 8.13 without knowing the specifics of individual projects. Additionally, critical areas are not static in space or time. Streams change courses. Bluffs retreat. Wetlands expand and contract given environmental conditions. The City of Edmonds has a web map that could potentially make the GIS information staff uses available to the public at large. However, the map must have disclaimers noting it is for information purposes only, that the information is subject to independent verification, and that the map cannot be relied upon when making critical areas decisions. A concern is that people will make decisions based on information on the maps that could lead to incorrect decisions about critical areas and/or property. 10. ECDC 23.40.040.0 - Areas subject to the provision of the CAO Existing Code: ECDC 23.40.040.0 is a subsections that addresses where the critical area regulations apply. ECDC 23.40.040.0 states: All areas within the city of Edmonds meeting the definition of one or more critical areas, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title. (Exhibit 1, pg. 5) Packet Pg. 337 6.8 Potential Council Amendment: The proposed amendment would replace this section to refer to new appendices discussed in proposed Amendment 8 above, if they are adopted. Discussion: As noted in the discussion on Amendment 8 above, the critical areas maps are general in nature and not regulatory. It is cost prohibitive to identify and classify every single critical area in the City of Edmonds. The code provision as it currently exists in the code notes that the critical regulations apply regardless of any formal identification. ECDC 23.40.040.0 would ensure that critical areas are protected, even if a critical area was missed in the mapping of the City's critical areas. Attachments: Exhibit 1- Draft Critical Area Regulations as presented at the December 15, 2015 Council Meeting Exhibit 2 - Draft Contingent Critical Area Review Procedure Exhibit 3 - Geological Hazardous Areas Map Exhibit 4 - Streams and Wetlands Map Exhibit 5 - Priority Habitat Areas Map Exhibit 6 - Draft FEMA FIRM Map for Edmonds Waterfront Exhibit 7 - March 15, 2016 Council Minutes Excerpt Packet Pg. 338 City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 6.8.a EDMONDS CITY CODE AND COMMUNITY DEVELOPMENT CODE Chapter 23.40 ENVIRONMENTALLY CRITICAL AREAS GENERAL PROVISIONS Sections: Part I. Purpose and General Provisions 23.40.000 Purpose. 23.40.010 Authority. 23.40.020 Relationship to other regulations. 23.40.030 Severability. 23.40.040 Jurisdiction — Critical areas. 23.40.050 Protection of critical areas. Part II. Critical Areas Review Process 23.40.060 General requirements. 23.40.070 Critical areas preapplication consultation. 23.40.080 Notice of initial determination. 23.40.090 Critical areas report — Requirements. 23.40.100 Critical areas report— Modifications to requirements. 23.40.110 Mitigation requirements. 23.40.120 Mitigation sequencing. 23.40.130 Mitigation plan requirements. 23.40.140 Innovative mitigation. 23.40.150 Critical areas decision. 23.40.160 Review criteria. 23.40.170 Favorable critical areas decision. Page 1 of 92 Packet Pg. 339 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 d 23.40.180 Unfavorable critical areas decision. L 23.40.190 Completion of the critical areas review. 0 m L 23.40.200 Appeals. Q 23.40.210 Variances. v c� 23.40.215 Critical Area Restoration Projects T Part I1I. Allowed Activities, Exemptions and Noncompliance Penalties c 23.40.220 Allowed activities. 23.40.230 Exemptions. 23.40.240 Unauthorized critical areas alterations and enforcement. Part IV. General Critical Areas Protective Measures 23.40.250 Critical areas markers and signs. 23.40.270 Critical areas tracts. 23.40.280 Building setbacks. 23.40.290 Bonds to ensure mitigation, maintenance, and monitoring. 23.40.300 Critical areas inspections. Part V. Incorporation of Best Available Science 23.40.310 Best available science. Part VI. Definitions 23.40.320 Definitions pertaining to critical areas. Part 1. Purpose and General Provisions 23.40.000 Purpose. A. The purpose of this title is to designate and classify ecologically sensitive and hazardous areas and to protect these areas and their functions and values, while also allowing for reasonable use of private property. Page 2 of 92 Packet Pg. 340 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 B. This title is to implement the goals, policies, guidelines, and requirements of the comprehensive plan and the Washington State Growth Management Act. C. The city of Edmonds finds that critical areas provide a variety of valuable and beneficial biological and physical functions that benefit Edmonds and its residents, and/or may pose a threat to human safety or to public and private property. The beneficial functions and values provided by critical areas include, but are not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation of flood waters, ground water recharge and discharge, erosion control, wave attenuation, protection from hazards, historical, archaeological, and aesthetic value protection, and recreation. These beneficial functions are not listed in order of priority. D. Goals. By limiting development and alteration of critical areas, this title seeks to: 1. Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding; 2. Maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species; 3. Direct activities not dependent on critical areas resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas; and 4. Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and fish and wildlife habitat conservation areas. E. The regulations of this title are intended to protect critical areas in accordance with the Growth Management Act and through the application of the best available science, as determined according to WAC 365-195-900 through 365-195-925 and RCW 36.70A.172, and in consultation with state and federal agencies and other qualified professionals. F. This title is to be administered with flexibility and attention to site -specific characteristics. It is not the intent of this title to make a parcel of property unusable by denying its owner reasonable economic use of the property nor to prevent the provision of public facilities and services necessary to support existing development. G. The city of Edmonds' enactment or enforcement of this title shall not be construed to benefit any individual person or group of persons other than the general public. [Ord. 3527 § 2, 2004]. 23.40.010 Authority. A. As provided herein, the Edmonds development services director or his/her designee (hereafter referred to as "the director") is given the authority to interpret and apply, and the responsibility to enforce, this title to accomplish the stated purpose. Page 3 of 92 Packet Pg. 341 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 B. The director may withhold, condition, or deny development permits or activity approvals to ensure that the proposed action is consistent with this title. [Ord. 3527 § 2, 2004]. 23.40.020 Relationship to other regulations. A. These critical areas regulations shall apply as an overlay and in addition to zoning, site development, stormwater management, building and other regulations adopted by the city of Edmonds. B. Any individual critical area adjoined or overlain by another type of critical area shall have the buffer and meet the requirements that provide the most protection to the critical areas involved. When any provision of this title or any existing land use regulation conflicts with this title, that which provides more protection to the critical area shall apply. C. These critical areas regulations shall be coordinated with review conducted under the State Environmental Policy Act (SEPA), as necessary and locally adopted. D. Compliance with the provisions of this title does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, shoreline substantial development permits, Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of Engineers Section 404 permits, and National Pollution Discharge Elimination System permits). The applicant is responsible for complying with these requirements, apart from the process established in this title. [Ord. 3527 § 2, 2004]. 23.40.030 Severability. If any clause, sentence, paragraph, section, or part of this title or the application thereof to any person or circumstances shall be judged by any court of competent jurisdiction to be invalid, such order or judgment shall be confined in its operation to the controversy in which it was rendered. The decision shall not affect or invalidate the remainder of any part thereof and to this end the provisions of each clause, sentence, paragraph, section, or part of this law are hereby declared to be severable. [Ord. 3527 § 2, 2004]. 23.40.040 Jurisdiction — Critical areas. A. The director shall regulate all uses, activities, and developments within, adjacent to, or likely to affect one or more critical areas, consistent with the best available science and the provisions herein. B. Critical areas regulated by this title include: 1. Wetlands as designated in Chapter 23.50 ECDC, Wetlands; 2. Critical aquifer recharge areas as designated in Chapter 23.60 ECDC, Critical Aquifer Recharge Areas; 3. Frequently flooded areas as designated in Chapter 23.70 ECDC, Frequently Flooded Areas; Page 4 of 92 Packet Pg. 342 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 4. Geologically hazardous areas as designated in Chapter 23.80 ECDC, Geologically Hazardous Areas; and 5. Fish and wildlife habitat conservation areas as designated in Chapter 23.90 ECDC, Fish and Wildlife Habitat Conservation Areas. C. All areas within the city of Edmonds meeting the definition of one or more critical areas, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title. D. Areas Adjacent to Critical Areas Subject to Regulation. Areas adjacent to critical areas shall be considered to be within the jurisdiction of these requirements and regulations to support the intent of this title and ensure protection of the functions and values of critical areas. "Adjacent" shall mean any activity located: 1. On a site immediately adjoining a critical area; and 2. Areas located within 200 feet of a subject parcel containing a jurisdictional critical area. [Ord. 3527 § 2, 2004]. 23.40.050 Protection of critical areas. 7 SHARE Any action taken pursuant to this title shall result in equivalent or greater functions and values of the critical areas associated with the proposed action, as determined by the best available science. All actions and developments shall be designed and constructed in accordance with ECDC 23.40.120, Mitigation sequencing, to avoid, minimize, and restore all adverse impacts. Applicants must first demonstrate an inability to avoid or reduce impacts before the use of actions to mitigate potential impacts will be allowed. No activity or use shall be allowed that results in a net loss of the functions or values of critical areas. [Ord. 3527 § 2, 2004]. Part II. Critical Areas Review Process 23.40.060 General requirements.9 SHARE A. As part of this review, the director shall: 1. Verify the information submitted by the applicant; 2. Evaluate the project area and vicinity for critical areas; 3. Determine whether the proposed project is likely to impact the functions or values of critical areas; and Page 5 of 92 Packet Pg. 343 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 4. Determine if the proposed project adequately assesses all impacts, avoids impacts, and/or mitigates impacts to the critical area associated with the project. B. If the proposed project is within, adjacent to, or is likely to impact a critical area, the director shall: 1. Require a critical areas report from the applicant that has been prepared by a qualified professional; 2. Review and evaluate the critical areas report; 3. Determine whether the development proposal conforms to the purposes and performance standards of this title, including the criteria in ECDC 23.40.160, Review criteria; 4. Assess the potential impacts to the critical area and determine if they can be avoided or minimized; and 5. Determine if any mitigation proposed by the applicant is sufficient to protect the functions and values of the critical area and public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of this title. [Ord. 3527 § 2, 2004]. 23.40.070 Critical areas preapplication consultation.0 SHARE Any person preparing to submit an application for development or use of land that may be regulated by the provisions of this title may request a preapplication meeting with the director prior to submitting an application for development or other approval. At this meeting, the director shall discuss the requirements of this title; provide critical areas maps, scientific information, and other source materials; outline the review process; and work with the activity proponent to identify any potential concerns that might arise during the review process, in addition to discussing other permit procedures and requirements. All applicants, regardless of participation in a preapplication meeting, are held fully responsible for knowledge and disclosure of critical areas on, adjacent to, or associated with a subject parcel and full compliance with the specific provisions and goals, purposes, objectives, and requirements of this title. [Ord. 3527 § 2, 2004]. 23.40.080 Notice of initial determination.0 SHARE A. If the director determines that no critical areas report is necessary, the director shall state this in the notice of application issued for the proposal. B. If the director determines that there are critical areas on the site that the proposed project is unlikely to impact and the project meets the requirements for and has been granted a waiver from the requirement to complete a critical areas report, this shall be stated in the notice of application for the proposal. A waiver may be granted if the director determines that all of the following requirements will be met: 1. There will be no alteration of the critical area or buffer; 2. The development proposal will not affect the critical area in a manner contrary to the purpose, intent, and requirements of this Title. Page 6 of 92 Packet Pg. 344 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 C. If the director determines that critical areas may be affected by the proposal and a critical areas report is required, public notice of the application shall include a description of the critical area that might be affected and state that a critical areas report(s) is required. D. Critical areas determinations shall be considered valid for five years from the date in which the determination was made; after such date the city shall require a new determination, or at minimum documentation of a new assessment verifying the accuracy of the previous determination [Ord. 3527 § 2, 2004]. 23.40.090 Critical areas report — Requirements.O SHARE A. Preparation by Qualified Professional. The applicant shall submit a critical areas report prepared by a qualified professional as defined herein. For wetlands, frequently flooded areas and fish and wildlife habitat conservation areas, an applicant may choose one of the qualified technical consultants on the city's approved list to prepare critical areas reports per the requirements of this title or may apply to utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant may be subject to independent review pursuant to subsection B of this section. the serviees of a qualified teehnieal eeastiltapA 4om the eity's approved list shall enter- into a thfee Paf�y contract between the applicant, the consultant and the eity. All costs associated with the critical areas study shall be borne by the applicant. B. Independent Review of Critical Areas Reports. Critical areas studies and reports on geologically hazardous areas and those developed by an applicant representative or consultant not as part of a three - party contract may, at the discretion of the director, be subject to independent review. This independent review shall be performed by a qualified technical consultant selected by the city with all costs borne by the applicant. The purpose of such independent review is to provide the city with objective technical assistance in evaluating the accuracy of submitted reports and/or the effects on critical areas which may be caused by a development proposal and to facilitate the decision -making process. The director may also have technical assistance provided by appropriate resource agency staff if such assistance is available in a timely manner. C. Best Available Science. The critical areas report shall use scientifically valid methods and studies in the analysis of critical areas data and field reconnaissance and reference the source of science used. The critical areas report shall evaluate the proposal and all probable impacts to critical areas in accordance with the provisions of this title. D. Minimum Report Contents. At a minimum, the report shall contain the following: 1. The name and contact information of the applicant, a description of the proposal, and identification of the permit requested; 2. A copy of the site plan for the development proposal including: a. A map to scale depicting critical areas, buffers, the development proposal, and any areas to be cleared; and Page 7 of 92 Packet Pg. 345 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 b. A description of the proposed storm water management plan for the development and consideration of impacts to drainage alterations; 3. The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site; 4. Identification and characterization of all critical areas, wetlands, water bodies, shorelines, and buffers adjacent to the proposed project area; 5. A description of reasonable efforts made to apply mitigation sequencing pursuant to ECDC 23.40.120, Mitigation sequencing, to avoid, minimize, and mitigate impacts to critical areas; affd 6. Report requirements specific to each critical area type as indicated in the corresponding chapters of this title. 7. A statement specifying the accuracy of the report and all assumptions made and relied upon; 8. A description of the methodologies used to conduct the critical areas study, including references; and 9. Plans for adequate mitigation, as needed to offset any critical areas impacts, in accordance with the Mitigation Plan Requirements in Section 23.40.130. E. Unless otherwise provided, a critical areas report may incorporate, be supplemented by or composed, in whole or in part, of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the director. At the discretion of the director, reports previously compiled or submitted as part of a proposal for development may be used as a critical areas report to the extent that the requirements of this section and the report requirements for each specific critical area type are met. F. Critical areas reports shall be considered valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary.[Ord. 3527 § 2, 2004]. 23.40.100 Critical areas report — Modifications to requirements.O SHARE A. Limitations to Study Area. The director may limit the required geographic area of the critical areas report as appropriate if. 1. The applicant, with assistance from the city of Edmonds, cannot obtain permission to access properties adjacent to the project area; or 2. The proposed activity will affect only a limited part of the subject site. B. Modifications to Required Contents. The applicant may consult with the director prior to or during preparation of the critical areas report to obtain approval of modifications to the required contents of the report where, in the judgment of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation. Page 8 of 92 Packet Pg. 346 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 C. Additional Information Requirements. The director may require additional information to be included in the critical areas report when determined to be necessary to the review of the proposed activity in accordance with this title. Additional information that may be required includes, but is not limited to: 1. Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site; 2. Grading and drainage plans; and 3. Information specific to the type, location, and nature of the critical area. [Ord. 3527 § 2, 2004]. 23.40.110 Mitigation requirements.13 SHARE A. The applicant shall avoid all impacts that degrade the functions and values of critical areas. Unless otherwise provided in this title, if alteration to the critical area is unavoidable, all adverse impacts to or from critical areas and buffers resulting from a development proposal or alteration shall be mitigated using the best available science in accordance with an approved critical areas report and SEPA documents, so as to result in no net loss of critical area functions and values. B._ Mitigation shall be ;n kind and on site, when possible,asufficient to maintain or compensate for the functions and values of the impacted critical area and to prevent risk from a hazard posed by a critical area. C. Mitigation shall not be implemented until after the director has provided approval of a critical areas report that includes a mitigation plan. Mitigation shall be implemented in accordance with the provisions of the approved critical areas report. [Ord. 3527 § 2, 2004]. 23.40.120 Mitigation sequencing.0 SHARE A. Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize impacts to critical areas. B. When an alteration to a critical area is proposed, such alteration shall be avoided, minimized, or compensated for in the following sequential order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; 3. Rectifying the impact to wetlands, frequently flooded areas, and fish and wildlife habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; Page 9 of 92 Packet Pg. 347 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineering or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, frequently flooded areas, and fish and wildlife habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and/or 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. C. Mitigation for individual actions may include a combination of the above measures. [Ord. 3527 § 2, 2004] . 23.40.130 Mitigation plan requirements.0 SHARE When mitigation is required, the applicant shall submit for approval by the director a mitigation plan as part of the critical areas report. The mitigation plan shall include: A. Environmental Goals and Objectives. The mitigation plan shall include a written report identifying environmental goals and objectives of the compensation proposed and including: 1. A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area; 2. A review of the best available science supporting the proposed mitigation; 3. An analysis of the likelihood of success of the compensation project; and 4. Specific mitigation plan and report requirements for each critical area type as indicated in this title. B. Performance Standards. The mitigation plan shall include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained and whether or not the requirements of this title have been met. C. Detailed Construction Plans. The mitigation plan shall include written specifications and descriptions of the mitigation proposed, such as: 1. The proposed construction sequence, timing, and duration; 2. Areas of proposed impacts on critical areas or buffers; 3. Grading and excavation details; Page 10 of 92 Packet Pg. 348 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 -34. Erosion and sediment control features; 45. A planting plan specifying plant species, quantities, locations, size, spacing, and density; and 56. Measures to protect and maintain plants until established. These written specifications shall be accompanied by detailed site diagrams, scaled cross -sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. D. Monitoring Program. The mitigation plan shall include a program for monitoring construction and for assessing a completed project. A protocol shall be included outlining the schedule for site monitoring (for example, monitoring shall occur in years one, three, and five after site construction), and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted as needed to document milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than tie -five 5 years without approval from the director. E. Contingency Plan. The mitigation plan shall include identification of potential courses of action and any corrective measures to be taken if monitoring or evaluation indicates project performance standards are not being met. F. Financial Guarantees. The mitigation plan shall include financial guarantees, as necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in accordance with ECDC 23.40.290, Bonds to ensure mitigation, maintenance, and monitoring. [Ord. 3527 § 2, 2004]. 23.40.140 Innovative mitigation.0 SHARE A. The city of Edmonds may encourage, facilitate, and approve innovative mitigation projects that are based on the best available science. Advance mitigation, in lieu fee pro -ram or mitigation banking are examples of alternative mitigation prejeet-, pI roaches allowed under the provisions of this section mitigation pFejeet toget if it is demonstrated that all of the following circumstances exist: 1. There are no reasonable opportunities on --site or within the same sub -drainage basin, or opportunities on -site or within the sub -drainage basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: anticipated replacement ratios for wetland mitigation, buffer conditions and proposed widths, available water to maintain anticipated hydro e�rphic classes of wetlands when restored, proposed flood storage capacity, and potential to mitigate fish and wildlife impacts (such as connectivitx2 Page 11 of 92 Packet Pg. 349 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 4-2. The off -site mitigation has a greater likelihood of providing equal or improved critical areas functions than the altered critical area, and there is a clear potential for success of the proposed mitigation at the identified mitigation site. 3. Off -site locations shall be in the same basin and within the City unless: a. Established watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the City and strongly justify location of mitigation at another site; or b. Credits from an approved (State -certified) wetland mitigation bank are used as compensation, and the use of credits is consistent with the terms of the approved bank instrument; c. Fees are paid to an approved in -lieu fee program to compensate for the impacts. B. Development proposals impacting critical areas and/or associated buffers may contribute payment towards an identified City of Edmonds mitigation project with approval from the director, provided that the mitigation approach meets all state and federal permit requirements, where required. Such miti ag Ai n actions shall be consistent with ECDC 23.40.140.A.1. and ECDC 23.40.140.A.2., and with all other applicable provisions of ECDC Chapters 23.50 and 23.90. 1BC. Conducting mitigation as part of a cooperative process provides for retention or an increase in the beneficial functions and values of critical areas within the Edmonds jurisdiction. [Ord. 3527 § 2, 2004]. 23.40.150 Critical areas decision.0 SHARE The city of Edmonds development services director shall make a decision as to whether the proposed activity and mitigation, if any, is consistent with the provisions of this title. The decision shall be based on the criteria of ECDC 23.40.160, Review criteria, and shall affect and be incorporated within the larger project decision. [Ord. 3527 § 2, 2004]. 23.40.160 Review criteria. — s"pRE A. Any alteration to a critical area, unless otherwise provided for in this title, shall be reviewed and approved, approved with conditions, or denied based on the proposal's ability to comply with all of the following criteria: 1. The proposal minimizes the impact on critical areas in accordance with ECDC 23.40.120, Mitigation sequencing; 2. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; Page 12 of 92 Packet Pg. 350 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 3. The proposal is consistent with the general purposes of this title and the public interest; 4. Any alterations permitted to the critical area are mitigated in accordance with ECDC 23.40.110, Mitigation requirements; 5. The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and 6. The proposal is consistent with other applicable regulations and standards. B. The director may condition the proposed activity as necessary to mitigate impacts to critical areas and to conform to the standards required by this title. Except as provided for by this title, any project that cannot adequately mitigate its impacts to critical areas in the sequencing order of preferences in ECDC 23.40.120 shall be denied. [Ord. 3527 § 2, 2004]. 23.40.170 Favorable critical areas decision.0 SHARE If the director determines that the proposed activity meets or is exempt from the criteria in ECDC 23.40.160, Review criteria, and complies with the applicable provisions of this title, the development services director shall prepare a written notice of decision for the applicant and identify any required conditions of approval as part of the larger project decision. The notice of decision and conditions of approval shall be included in the project file and be considered in the next phase of the city's review of the proposed activity in accordance with any other applicable codes or regulations. Any conditions of approval included in a notice of decision shall be attached to the underlying permit or approval. Any subsequent changes to the conditions of approval shall void the previous decision pending re -review of the proposal and conditions of approval previously set by the director. A favorable decision should not be construed as endorsement or approval of any underlying permit or approval. [Ord. 3527 § 2, 2004]. 23.40.180 Unfavorable critical areas decision.0 SHARE If the director determines that a proposed activity is not exempt or does not adequately mitigate its impacts on critical areas and/or does not comply with the criteria in ECDC 23.40.160, Review criteria, and the provisions of this title, the director shall prepare a written decision for the applicant that includes findings of noncompliance. No proposed activity or permit shall be approved or issued if it is determined that the proposed activity does not adequately mitigate its impacts on the critical areas and/or does not comply with the provisions of this title. Following notice of decision that the proposed activity does not meet the review criteria and/or does not comply with the applicable provisions of this title, the applicant may request consideration of a revised critical area report. If the revision is found to be substantial and relevant to the critical area review, the Page 13 of 92 Packet Pg. 351 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 director may reopen the critical area review and make a new decision based on the revised report. [Ord. 3527 § 2, 2004]. 23.40.190 Completion of the critical areas review.` SHRRE The director's decision regarding critical areas pursuant to this title shall be final concurrent with the final project decision to approve, condition, or deny the development proposal or other activity involved. [Ord. 3527 § 2, 2004]. 23.40.200 Appeals.0 SHARE Any decision to approve, condition, or deny a development proposal or other activity based on the requirements of this title may be appealed according to, and as part of, the appeal procedure, if any, for the permit or approval involved. [Ord. 3736 § 71, 2009; Ord. 3527 § 2, 2004]. 23.40.210 Variances.13 SHARE A. Variances from the standards of this title may be authorized through the process of hearing examiner review in accordance with the procedures set forth in Chapter 20.85 ECDC only if an applicant demonstrates that one or more of the following two conditions exist: 1. The application of this title would prohibit a development proposal by a public agency or public utility. A public agency and utility exception may be granted as a variance if: a. There is no other practical alternative to the proposed development with less impact on the critical areas; b. The application of this title would unreasonably restrict the ability to provide utility services to the public; c. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; d. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and e. The proposal is consistent with other applicable regulations and standards. 2. The application of this title would deny all reasonable economic use (see the definition of "reasonable economic use(s)" in ECDC 23.40.320) of the subject property. A reasonable use exception may be authorized as a variance only if an applicant demonstrates that: a. The application of this title would deny all reasonable economic use of a property or subject parcel; b. No other reasonable economic use of the property consistent with the underlying zoning and the city comprehensive plan has less impact on the critical area; Page 14 of 92 Packet Pg. 352 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 c. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property; d. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of the ordinance codified in this title or its predecessor; e. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; f. The proposal minimizes net loss of critical area functions and values consistent with the best available science; and g. The proposal is consistent with other applicable regulations and standards. B. Specific Variance Criteria. A variance may be granted if the applicant demonstrates that the requested action conforms to all of the following specific criteria: 1. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district; 2. The special conditions and circumstances do not result from the actions of the applicant; 3. A literal interpretation of the provisions of this title would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this title, and the variance requested is the minimum necessary to provide the applicant with such rights; 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings under similar circumstances; 5. The granting of the variance is consistent with the general purpose and intent of this title, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property; and 6. The decision to grant the variance is based upon the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat. C. Hearing Examiner Review. The city hearing examiner shall, as a Type III -A decision (see Chapter 20.01 ECDC), review variance applications and conduct a public hearing. The hearing examiner shall approve, approve with conditions, or deny variance applications based on a proposal's ability to comply with general and specific variance criteria provided in subsections (A) and (B) of this section. Page 15 of 92 Packet Pg. 353 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 D. Conditions May Be Required. The director retains the right to prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this title for variances granted through hearing examiner review. E. Time Limit. The director shall prescribe a time limit within which the action for which the variance is required shall be begun, completed, or both. Failure to begin or complete such action within the established time limit shall void the variance, unless the applicant files an application for an extension of time before the expiration. An application for an extension of time shall be reviewed by the director as a Type II decision (see Chapter 20.01 ECDC). F. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of a variance application and upon which any decision has to be made on the application. [Ord. 3783 § 15, 2010; Ord. 3775 § 15, 2010; Ord. 3736 §§ 72, 73, 2009; Ord. 3527 § 2, 2004]. 23.40.215 Critical Area Restoration Proiects A. When a critical area restoration project is proposed that is not required as mitigation for a development proposal, the City of Edmonds may grant relief from standard critical area buffer requirements if the restoration project involves: 1. The dayli_hgting of a stream, or 2. Creation or expansion of a wetland that would cause a landward expansion of the wetland and/or wetland buffer B. At the time a restoration project t is proposed, a buffer shall be established that will apply to the restoration project boundary. Restoration project buffers shall be established according to the following requirements: 1. For the purposes of this section, an expanded buffer is that portion of the stream or wetland buffer that extended landward as a result of the restoration project. 2. A buffer may be applied to the restored portion of the stream or wetland that is not less than 75% of the expanded buffer associated with the class of stream or category of wetland; or, 3. The project proponent may request a reduced buffer of between 50% and 75% of the expanded buffer associated with the class of stream or category of wetland. The following criteria will be used b. the City in reviewing _ the he request for a reduced buffer: a. The Director determines that applying a 75% expanded buffer would significantly limit the use of the property for existing or permitted uses, thus making the restoration project infeasible; b. The proposed expanded buffer relief is the minimum necessary to achieve the restoration project; c. There will be a net environmental benefit from the restoration project with the reduced expanded buffer; Page 16 of 92 Packet Pg. 354 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 d. Granting the proposed relief is consistent with the objectives of the critical area restoration project and consistent with purposes of the City's critical area regulations. Part III. Allowed Activities, Exemptions and Noncompliance Penalties 23.40.220 Allowed activities.0 SHARE A. Critical Area Report. Activities allowed under this title shall have been reviewed and permitted or approved by the city of Edmonds or other agency with jurisdiction, but do not require submittal of a critical area report, unless such submittal was required previously for the underlying permit. The director may apply conditions to the underlying permit or approval to ensure that the allowed activity is consistent with the provisions of this title to protect critical areas. B. Required Use of Best Management Practices. All allowed activities shall be conducted using the best management practices that result in the least amount of impact to the critical areas. Best management practices shall be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The city may observe or require independent inspection of the use of best management practices to ensure that the activity does not result in degradation to the critical area. Any incidental damage to, or alteration of, a critical area shall be restored, rehabilitated, or replaced at the responsible party's expense. C. Allowed Activities. The following activities are allowed: 1. Permit Requests Subsequent to Previous Critical Areas Review. Development permits and approvals that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits) and construction approvals (such as building permits) if all of the following conditions have been met: a. The provisions of this title have been previously addressed as part of another approval; b. There have been no material changes in the potential impact to the critical area or buffer since the prior review; c. The permit or approval has not expired or, if no expiration date, no more than five years have elapsed since the issuance of that permit or approval; d. There is no new information available that is applicable to any critical area review of the site or particular critical area; and de. Compliance with any standards or conditions placed upon the prior permit or approval has been achieved or secured.; 2. Modification to Structures Existing Outside of Critical Areas and/or Buffers. Structural modification of, addition to, or replacement of a legally constructed structure existing outside of a critical area or its buffer that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement; Page 17 of 92 Packet Pg. 355 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 3. Pet:. hied Ater tie Modifications to Existing Structures Existing Withi within Critical Areas and/or Buffers. Permitted alteratio Modification to a legally constructed structure existing within a critical area or buffer shall be allowed when the a'�modification:does not a. Does not increase the footprint of the structuredevelopment; and b. Does not increase the impact to the critical area or buffers and c. Does not increasethere ;s no increase risk to life or property as a result of the proposed modification or replacement_ ( Aadditions to legally constructed structures existing within a critical area or buffer that do increase the existing footprint of development shall be subject to and permitted in accordance with the development standards of the associated critical area type (see ECDC 23.50.040 and 23.90.040)). This provision shall be interpreted to supplement the provisions of the Edmonds Community Development Code relating to nonconforming structures in order to permit the full reconstruction of a legal nonconforming building within its footprint; 4. Development Proposals within Physically Separated and Functionally Isolated Stream or Wetland Buffers. Areas that are physically separated and functionally isolated from a stream or wetland due to existing, legally established roadways,paved trails twelve (12) feet or more in width, or other legally established structures or paved areas twelve (12) feet or more in width that occur between the area in Question and the stream or wetland may be considered physically separated and functionally isolated from the stream or wetland. Once determined by the director to be a physically separated and functionally isolated stream or wetland buffer, development proposals shall be allowed in these areas. The director may require a site assessment and functional analysis documentation byqualified professional to determine whether the buffer is functionally isolated. In determining whether an area is physically separated and functionally isolated from the adjacent stream or wetland, the director shall consider the hydrologic, _geologic, and/or biological habitat connection potential and the extent and permanence of the interruption. 45. Activities within the Improved Right -of -Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, when such facilities are located within the improved portion of the public right-of-way or a city -authorized private roadway, except those activities that alter a wetland or watercourse. such as culverts or bridges. or result in the transport of sediment or increased stormwater. -56. Minor Utility Projects. Utility projects that have minor or short -duration impacts to critical areas, as determined by the director in accordance with the criteria below, and which do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased storm water. Such allowed minor utility projects shall meet the following criteria: a. There is no practical alternative to the proposed activity with less impact on critical areas; Page 18 of 92 Packet Pg. 356 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 b. The activity involves the placement of utility pole(s), street sign(s), anchor(s), or vault(s) or other small component(s) of a utility facility; and c. The activity involves disturbance of an area less than 75 square feet; 6. Public and Private Pedestrian Trails. New public and private pedestrian trails subject to the following: a. The trail surface shall be limited to pervious surfaces and meet all other requirements, including water quality standards set forth in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19; b. Critical area and/or buffer widths shall be increased, where possible, equal to the width of the trail corridor, including disturbed areas; and c. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report; and d. Trails located only in the outer twenty-five percent 25%) of critical areas buffers, and located to avoid removal of significant trees. Where existing legally established development has reduced the width of the critical areas buffer, trails may be placed in the outer twenty-five percent 25%) of the remaining critical area buffer. The trail shall be no more than five (5) feet in width and for pedestrian use only. Raised boardwalks utilizing nontreated pilings may be acceptable. Allowances for trails within the inner seventy percent (75%) of critical areas buffers are provided within applicable sections of ECDC Chapters 23.50 — 23.90. 7. Select Vegetation Removal Activities. The following vegetation removal activities: a. The removal of the following vegetation with hand labor and Egl#-hand-held equipment when the area of work is under one thousand five hundred (1,500) square feet in area as calculated cumulatively over three 3 years: i. Invasive and noxious weeds; ii. English ivy (Hedera helix); iii. Himalayan blackberry (Rubus discolor, R. procerus); iv. Evergreen blackberry (Rubus laciniatus); v. Scot's broom (Cytisus scoparius); and vi. Hedge and field bindweed (Convolvulus sepium and C. arvensis); Page 19 of 92 Packet Pg. 357 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Removal of these invasive and noxious plant species shall be restricted to hand removal unless permits or approval from the appropriate regulatory agencies have been obtained for approved biological or chemical treatments or other removal techniques. All removed plant material shall be taken away from the site and appropriately disposed of. Plants that appear on the Washington State Noxious Weed Control Board list of noxious weeds must be handled and disposed of according to a noxious weed control plan appropriate to that species. b. The removal of trees from critical areas and buffers that are hazardous, posing a threat to public safety, or posing an imminent risk of damage to private property; provided, that: i. The applicant submits a report from an ISA- or ASCA-certified arborist or registered landscape architect that documents the hazard and provides a replanting schedule for the replacement trees; ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise justified by a qualified professional. Where pruning or crown thinning is not sufficient to address the hazard, trees should be removed or converted to wildlife snags; iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical area or buffer unless removal is warranted due to the potential for disease or pest transmittal to other healthy vegetation or unless removal is warranted to improve slope stability; iv. The land owner shall replace any trees that are removed with new trees at a ratio of two replacement trees for each tree removed (two within one year in accordance with an approved restoration plan. Replacement trees may be planted at a different, nearby location if it can be determined that planting in the same location would create a new hazard or potentially damage the critical area. Replacement trees shall be species that are native and indigenous to the site and a minimum of one inch in diameter at breast height (dbh) for deciduous trees and a minimum of six feet in height for evergreen trees as measured from the top of the root ball; v. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts; and vi. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the land owner prior to receiving written approval from the city; provided, that within 14 days following such action, the land owner shall submit a restoration plan that demonstrates compliance with the provisions of this title; c. Measures to control a fire or halt the spread of disease or damaging insects consistent with the State Forest Practices Act, Chapter 76.09 RCW; provided, that the removed vegetation shall be replaced in kind or with similar native species within one year in accordance with an approved restoration plan; d. Chemical Applications. The application of herbicides, pesticides, organic or mineral -derived fertilizers, or other hazardous substances, if necessary, as gpproved by the City, provided that their use shall be restricted in accordance with state Department of Fish and Wildlife Management Page 20 of 92 Packet Pg. 358 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Recommendations and the regulations of the state Department of Agriculture, the U.S. Environmental Protection Agency, and Department of Ecology; and de. Unless otherwise provided, or as a necessary part of an approved alteration, removal of any vegetation or woody debris from a fish and wildlife habitat conservation area or wetland shall be prohibited; 8. Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and 9. Navigational Aids and Boundary Markers. Construction or modification of navigational aids and boundary markers. [Ord. 3527 § 2, 2004]. 23.40.230 Exemptions.0 SHARE A. Exemption Request and Review Process. The proponent of the activity may submit a written request for exemption to the director that describes the activity and states the exemption listed in this section that applies. The director shall review the exemption request to verify that it complies with this title and approve or deny the exemption. If the exemption is approved, it shall be placed on file with the city of Edmonds. If the exemption is denied, the proponent may continue in the review process and shall be subject to the requirements of this title. B. Exempt Activities and Impacts to Critical Areas. All exempted activities shall use reasonable methods to avoid potential impacts to critical areas. To be exempt from this title does not give permission to degrade a critical area or ignore risk from natural hazards. Any incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party's expense. C. Exempt Activities. The following developments, activities, and associated uses shall be exempt from the provisions of this title; provided, that they are otherwise consistent with the provisions of other local, state, and federal laws and requirements: 1. Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventative action in a time frame too short to allow for compliance with the requirements of this title. Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person or agency undertaking such action shall notify the director within one working day following commencement of the emergency activity. Within 30 days, the director shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed Page 21 of 92 Packet Pg. 359 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 emergency action, then enforcement provisions of ECDC 23.40.240, Unauthorized critical area alterations and enforcement, shall apply. After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical areas report and mitigation plan. The person or agency undertaking the action shall apply for review, and the alteration, critical area report, and mitigation plan shall be reviewed by the director in accordance with the review procedures contained herein. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency and completed in a timely manner; 2. Operation, Maintenance, or Repair. Operation, maintenance, or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems that do not require construction permits, if the activity does not further alter or increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Operation and maintenance also includes normal maintenance of vegetation performed in accordance with best management practices, provided that such management actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species; and 3. Passive Outdoor Activities. Recreation, education, and scientific research activities that do not degrade the critical area, including fishing, hiking, and bird watching. Trails must be constructed pursuant to ECDC 23.40.220(C)(6), Public and Private Pedestrian Trails. [Ord. 3527 § 2, 2004]. 23.40.240 Unauthorized critical area alterations and enforcement.0 SHARE A. When a critical area or its buffer has been altered in violation of this title or the provisions of Chapter 7.200 ECC, all ongoing development work shall stop and the critical area shall be restored. The director shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of the provisions of this title. The director may also require an applicant or property owner to take immediate action to ensure site stabilization and/or erosion control as needed. B. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by the director. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsection C of this section. The director shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal. C. Minimum Performance Standards for Restoration. 1. For alterations to frequently flooded areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; Page 22 of 92 Packet Pg. 360 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified: a. The historic structural and functional values shall be restored, including water quality and habitat functions; b. The historic soil types and configuration shall be replicated; c. The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and d. Information demonstrating compliance with the requirements in ECDC 23.40.130, Mitigation plan requirements, shall be submitted to the city planning division. 2. For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified: a. The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard; b. Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and c. The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard. D. Site Investigations. The director is authorized to make site inspections and take such actions as are necessary to enforce this title. The director shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property. E. Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this title shall be guilty of a misdemeanor and subject to penalties not to exceed a square footage cost of three dollars ($3.00) per square foot of impacted critical area and critical area buffer and/or a per tree penalty consistent with ECDC 18.45.070B. and C. _set forth in ECDC ' 8.45.(1�ndT Any development carried out contrary to the provisions of this title shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. The city of Edmonds may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this title. The civil penalty shall be assessed as proscribed in ECDC 18.45.070 and 18.45.075.[Ord. 3828 § 2, 2010; Ord. 3527 § 2, 2004]. Part IV. General Critical Areas Protective Measures 23.40.250 Critical areas markers and signs.0 SHARE Page 23 of 92 Packet Pg. 361 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 A. The boundary at the outer edge of a critical area, critical area buffer or critical area tract may, at the discretion of the director, be required to be delineated with wood fencing. B. The boundary at the outer edge of the critical area or buffer may be identified with temporary signs prior to any site alteration. Such temporary signs may be replaced with permanent signs prior to occupancy or use of the site. C. These provisions may be modified by the director as necessary to ensure protection of sensitive features or wildlife needs. [Ord. 3527 § 2, 2004]. 23.40.270 Critical areas tracts and easementsA s"RRE A. At the discretion of the director, critical areas tracts and/or easements may be required in development proposals for stibd visi ns, shei4 subdivisions, and planned developments that include critical areas. These critical areas tracts and/or easements shall delineate and protect those contiguous critical areas and buffers greater than 5,000 square feet including: 1. Landslide hazard areas and buffers; 2. Wetlands and buffers; 3. Fish and wildlife habitat conservation areas; and 4. Other lands to be protected from alterations as conditioned by project approval. B. Notice on Title. The owner of any property with field -verified presence of critical areas and/or critical areas buffers, except critical aquifer recharge areas, for which a permit application is submitted shall, as a condition of permit issuance, record a notice of the existence of such critical area and/or critical area buffer against the property with the Snohomish County Auditor's office. The notice shall be approved by the director and the city attorney for compliance with this provision. The titleholder will have the right to challenge this notice and to have it released if the critical area designation no longer applies; however, the titleholder shall be responsible for completing a critical areas report, subject to approval by the director, before the notice on title can be released. Critical areas 4aets shall be reeoraoa on all a,,,.,,,. ents of fr-ee,.,.a for- all affeeted lots. C. Critical areas tracts or easements shall be designated on the face of the plat or recorded drawing in a format approved by the director. The designation shall include the following restrictions: 1. An assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal habitat; and 2. The right of the director to enforce the terms of the restriction. D. The director may require that critical areas tracts be dedicated to the city, to be held in an undivided interest by each owner of a building lot within the development with the ownership interest passing with Page 24 of 92 Packet Pg. 362 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 the ownership of the lot, or held by an incorporated homeowner's association or other legal entity (such as a land trust), which ensures the ownership, maintenance, and protection of the tract and contains a process to assess costs associated therewith. E. The use of herbicides within critical areas tracts or easements is prohibited except use of aquatic approved herbicides where recommended by the Noxious Weed Control Board and where otherwise consistent with the provisions of ECDC Title 23. [Ord. 3527 § 2, 2004]. 23.40.280 Building setbacks.C3 sH11RE Unless other -wise Except for geologically hazardous areas where setbacks are determined by a geotechnical report, buildings and other structures shall be set back a distance of 15 feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required. Th-e-In addition to other allowances provided by this Title, the following may be allowed in the building setback area: A. Landscaping; B. Uncovered decks; C. Building overhangs, if such overhangs do not extend more than 30 inches into the setback area; and D. Impervious ground surfaces, such as driveways and patios; provided, that such improvements may be subject to water quality regulations as adopted in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. [Ord. 3527 § 2, 2004]. 23.40.290 Bonds to ensure mitigation, maintenance, and monitoring.0 SHARE A. When mitigation required pursuant to a development proposal is not completed prior to final permit approval, such as final plat approval or final building inspection, the applicant shall be required to post a performance bond or other security in a form and amount deemed acceptable by the director. If the development proposal is subject to mitigation, the applicant shall post a mitigation bond or other security in a form and amount deemed acceptable by the city to ensure mitigation is fully functional. B. The bond shall be in the amount of 120 percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical area that are at risk, whichever is greater. The amount of the performance bond shall include a reasonable allocation for inflation based on the length of anticipated delay and the provisions of subsection D of this section. C. The bond shall be in the form of a surety bond, performance bond, and/or maintenance bond from an acceptable financial institution, with terms and conditions acceptable to the city of Edmonds' attorney. D. Bonds or other security authorized by this section shall remain in effect until the director determines, in writing, that the standards bonded for have been met. Bonds or other security shall be held by the city for a minimum of twee -five 5 years to ensure that the required mitigation has been fully implemented and demonstrated to function, and may be held for longer periods when necessary to achieve these goals. Page 25 of 92 Packet Pg. 363 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 E. Depletion, failure, or collection of bond funds shall not discharge the obligation of an applicant or violator to complete required mitigation, maintenance, monitoring, or restoration. F. Public development proposals shall be relieved from having to comply with the bonding requirements of this section if public funds have previously been committed for mitigation, maintenance, monitoring, or restoration. G. Any failure to satisfy critical area requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within Ithirty �30) days after it is due or comply with other provisions of an approved mitigation plan shall constitute a default, and the city may demand payment of any financial guarantees or require other action authorized under this title or any other law. H. Any funds recovered pursuant to this section shall be used to complete the required mitigation. [Ord. 3527 § 2, 2004]. 23.40.300 Critical area inspections.0 SHARE Reasonable access to the site shall be provided to the city, state, and/or federal agency review staff for the purpose of inspections during any proposal review, restoration, emergency action, or monitoring period. Failure to provide access shall constitute grounds for issuance of a stop work order. [Ord. 3527 § 2, 2004]. Part V. Incorporation of Best Available Science 23.40.310 Best available science.0 SHARE A. Protect Functions and Values of Critical Areas with Special Consideration to Anadromous Fish. Critical areas reports and decisions to alter critical areas shall rely on the best available science to protect the functions and values of critical areas and must give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish, such as salmon and bull trout, and their habitat, where applicable. B. Best Available Science to Be Consistent with Criteria. The best available science is that scientific information applicable to the critical area prepared by local, state, or federal natural resource agencies, a qualified scientific professional, or a team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 through 365-195-925 and RCW 36.70A.172. C. Characteristics of a Valid Scientific Process. In the context of critical areas protection, a valid scientific process is one that produces reliable information useful in understanding the consequences of a local government's regulatory decisions, and in developing critical areas policies and development regulations that will be effective in protecting the functions and values of critical areas. To determine whether information received during the permit review process is reliable scientific information, the director shall determine whether the source of the information displays the characteristics of a valid scientific process. Such characteristics are as follows: Page 26 of 92 Packet Pg. 364 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 1. Peer Review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The proponents of the information have addressed the criticism of the peer reviewers. Publication in a refereed scientific journal usually indicates that the information has been appropriately peer -reviewed; 2. Methods. The methods used to obtain the information are clearly stated and reproducible. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer -reviewed to ensure their reliability and validity; 3. Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained; 4. Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods; 5. Context. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and 6. References. The assumptions, analytical techniques, and conclusions are well referenced with citations to relevant, credible literature and other pertinent existing information. D. Nonscientific Information. Nonscientific information, such as anecdotal observations, non -expert opinion, and hearsay,may, supplement scientific information, but it is not an adequate substitute for valid and available scientific information. E. Absence of Valid Scientific Information. Where there is an absence of valid scientific information or incomplete scientific information relating to a critical area leading to uncertainty about the risk to critical area function of permitting an alteration of or impact to the critical area, the director shall: 1. Take a "precautionary or a no -risk approach" that strictly limits development and land use activities until the uncertainty is sufficiently resolved; and 2. Require application of an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall: a. Address funding for the research component of the adaptive management program; b. Change course based on the results and interpretation of new information that resolves uncertainties; and Page 27 of 92 Packet Pg. 365 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 c. Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting protection of critical areas and anadromous fisheries. [Ord. 3527 § 2, 2004] . Part VI. Definitions 23.40.320 Definitions pertaining to critical areas.0 SHARE For the purposes of this chapter and the chapters on the five specific critical area types (Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC) the following definitions shall apply: "Adjacent" means those areas activities located on --site immediately adjoining a critical area; or a distance equal to or less than two hundred and twenty five (225)-200 feet of a development proposal or subject parcel and those areas l,.eatea within 800 root f a ,i,,,.,,r. entea bald eagle rosy "Alteration" means any human -induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas. "Best management practices" means a system of practices and management measures that: 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, and toxics; 2. Control the movement of sediment and erosion caused by land alteration activities; 3. Minimize adverse impacts to surface and ground water quality, flow, and circulation patterns; and 4. Minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas "Buffer" means the designated area immediately next to and a part of a steep slope or landslide hazard area and which protects slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to minimize risks to persons or property; or a designated area immediately next to and part of a stream or wetland that is an integral part of the stream or wetland ecosystem. "Chapter" means those sections of this title sharing the same third and fourth digits. "City" means the city of Edmonds. "Class" or "wetland class" means descriptive categories of wetland vegetation communities within the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979). "Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation and the use or application of herbicide. Page 28 of 92 Packet Pg. 366 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 "Compensation project" means an action(s) specifically designed to replace project -induced critical area or buffer losses. Compensation project design elements may include, but are not limited to: land acquisition procedures and detailed plans including functional value assessments, detailed landscaping designs, construction drawings, and monitoring and contingency plans. "Compensatory mitigation" means replacing project -induced losses or impacts to a critical area, and includes, but is not limited to, the following: • .e!•!*n:e�:e r��i.•�e�!srirs�UeTlT.�:eeTs:re!��s. 21. "Creation" means actions performed to intentionally establish a wetland or steam at a site where it did not formerly exist. 2. "Re-establishment" means actions performed to restore processes and functions to an area that was formerly a critical area, where the former critical area was lost by past alterations and activities. 3. "Rehabilitation" means improving or repairingprocesses and functions to an area that is an existing critical area that is highly degraded because one or more environmental processes supporting the critical area have been disrupted. -4. "Enhancement" means actions performed to improve the condition of existing degraded wetlands critical area so that the functions they provide are of a higher quality; enhancement activities usually attempt to change plant communities within existing wetlands from non-native communities to native scrub -shrub or forested communities. 45. "Preservation" means actions taken to ensure the permanent protection of existing high -quality wetlands. "Creation" means a compensation project performed to intentionally establish a wetland or stream at a site where one did not formerly exist. "Critical areas" for the city of Edmonds means wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas as defined in Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC, respectively. "Development proposal" means any activity relating to the use and/or development of land requiring a permit or approval from the city, including, but not limited to: commercial or residential building permit; binding site plan; conditional use permit; franchise; right-of-way permit; grading and clearing permit; mixed use approval; planned residential development; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and other use permit; variance; rezone; or any required permit or approval not expressly exempted by this title. "Director" means the city of Edmonds development services director or his/her designee. Page 29 of 92 Packet Pg. 367 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 "Division" means the planning division of the city of Edmonds development services department. "Enhancement" means an action taken to improve the condition and function of a critical area. In the case of wetland or stream, the term includes a compensation project performed to improve the conditions of an existing degraded wetland or stream to increase its functional value. "Erosion" means the process in which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow. "Erosion Hazard Areas." See ECDC 23.80.020(A). "Fish and Wildlife Habitat Conservation Areas." See Chapter 23.90 ECDC. "Floodplain" means the total area subject to inundation by a "100-year flood." "100-year flood" means a flood having a one percent chance of being equaled or exceeded in any given year. "Footprint of Existing Development" or "Footprint of Development" means the area of a site that contains legally established: buildings; roads, driveways, parking lots, storage areas, walkways or other areas paved with concrete, asphalt or compacted gravel; outdoor swimming pools; and patios. "Frequently Flooded Areas." See Chapter 23.70 ECDC. "Functions" means the roles served by critical areas including, but not limited to: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation; aesthetic value protection; and recreation. These roles are not listed in order of priority. "Geologically Hazardous Areas." See Chapter 23.80 ECDC. "Geologist" means a person licensed as a geologist, engineering geologist, or hydrologist in the state of Washington who has eafned a degree in geology fFem an aeer-edited eel! . -sity and has at least. postgr-adtta4e study, r-esear-eh or- teaehing. The pr-aetieal ex-per-ienee shall inelude a4 least t4ee year - work in applied geology and landslide evaluation in close association with qualified, pr-aetieing geologists and geoteehnieal/eivil engineers. For geologically hazardous areas, an applicant may choose a geologist or engineering_geologist licensed in the State of Washington to assess the potential hazard. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least €ou five years of professional employment as a geotechnical engineer in responsible charge including experience with landslide evaluation. "Grading" means any one or a combination of excavating, filling, or disturbance of that portion of the soil profile which contains decaying organic matter. "Habitats of local importance" means areas that include a seasonal range or habitat element with which a given species has a primary association, and which, if altered may reduce the likelihood that the species Page 30 of 92 Packet Pg. 368 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 will maintain and reproduce over the long-term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alterations such as cliffs, talus, and wetlands. In urban areas like the city of Edmonds, habitats of local importance include biodiversity areas and corridors, which are characterized by a framework of ecological components which provides the physical conditions necessary for ecosystems and species populations to survive in a human -dominated landscApe.-inelode a seasonal range or- habita4 element with whieh a givefl speeies ha . . I ever- the lon temi. These might inelude afeas of high relative density or- speeies fiehness, bfeeding habitat, winter- fange, and movement een4der-s. These might also inelude habitats tha4 afe of limited assoeiation, and w-hieh, if alter-ed, may r-eduee the likelihood that the speeies will maintain and r-epredttee "In lieu fee program" means a program which sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in lieu pro_r�ponsor, a governmental or non-profit natural resource management entity "Landslide Hazard Areas." (See ECDC 23.80.020(B).) "Mitigation" means the use of any or all of the following actions, which are listed in descending order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps such as project redesign, relocation, or timing to avoid or reduce impacts; 3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. Page 31 of 92 Packet Pg. 369 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 "Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonably could have been expected to naturally occur on the site. "Native vegetation" does not include noxious weeds as defined by the state of Washington or federal agencies. "Normal maintenance of vegetation" means removal of shrubs/non-woody vegetation and trees (less than 3-inch diameter at breast height) that occurs at least every other year. Maintenance also maX include tree topping that has been previously approved by the City in the past 5 years. "Noxious weeds" means any plant whie", when tabl she ,that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to those plants on the state noxious weed list contained in Chapter -e&-fttrt ,o, iste ;n Chapter 16-750 WAC. "Planning staff' means those employed in the planning division of the city of Edmonds development services department. "Qualified critical areas consultant" or "qualified professional" means a person who has the qualifications specified below to conduct critical areas studies pursuant to this title, and to make recommendations for critical areas mitigation. For geologically hazardous areasFer- afeas of potential ge ' gie ""stab flit the qualified critical areas consultant shall be a geologist or geoto,.hniea or,.:�oo, engineering geologist licensed in the State of Washington to assess the potential hazard. If development is to take place within ageologically _ hazardous area, the qualified critical areas consultant develop mitigation plans and design shall be a Professional Engineer licensed in the State of Washington and familiar with landslide and slope stability mitigation. _ For wetlands and streams, the qualified critical areas consultant shall be a specialist in botany, fisheries, wetland biology, and/or hydrology with a minimum of OA five years' field experience with wetlands and/or streams in the Pacific Northwest. Requirements defining a qualified critical areas consultant or qualified professional are contained within the chapter on each critical area type. "Reasonable economic use(s)" means the minimum use to which a property owner is entitled under applicable state and federal constitutional provisions in order to avoid a taking and/or violation of substantive due process. "Redeveloped land(s)" means those lands on which existing structures are demolished in their entirety to allow for new development. The director shall maintain discretion to determine if the demolition of a majority of existing structures or portions thereof constitute the re -development of a property or subject parcel. "Restoration" means the actions necessary to return a stream, wetland or other critical area to a state in which its stability, functions and values approach its unaltered state as closely as possible. For wetlands, restoration as compensatory mitigation may include re-establishment or rehabilitation. "Seismic Hazard Areas." (See ECDC 23.80.020(C).) "Species of local importance" means those species that are of local concern due to their population status, their sensitivity to habitat manipulation, or that are game (hunted) species. (See ECDC 23.90.010(A)(4).) Page 32 of 92 Packet Pg. 370 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 "Storm Water Management Manual" means the Stot:m Water- a.,,,.,,.o,..,o„t M.,t, a f the Aiget Seen Basin by the Washi &4 r State Department of Eeo gy (as included in stormwater manual specified in Chapter 18.30 ECDC). "Streams" means any area where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices (drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to convey streams naturally occurring prior to construction of such watercourse. Streams are further classified into Categories S, F, Np and Ns and fishbearing or nonfishbearing 1, 2 and 3. (See ECDC 23.90.010(A)(1).) "Title" means all chapters of the city of Edmonds Development Code beginning with the digits 23. "Undeveloped land(s)" means land(s) on which manmade structures or land modifications (clearing, grading, etc.) do not exist. The director retains discretion to identify undeveloped land(s) in those instances where historical modifications and structures may have existed on a property or subject parcel in the past. "Wetland functions" means those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial or avian species; maintaining the availability and quality of water; acting as recharge and/or discharge areas for ground water aquifers; and moderating surface water and storm water flows. "Wetland mitigation bank" means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources. "Wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically 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. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands if permitted by the city (WAC 365-190-030(22)). Wetlands are further classified into Categories 1, 2, 3 and 4. (See ECDC 23.50.010(B).) [Ord. 3952 § 1, 2013; Ord. 3931 § 2, 2013; Ord. 3527 § 2, 2004]. Page 33 of 92 Packet Pg. 371 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Chapter 23.50 WETLANDS Sections: Part I. Designation, Rating and Mapping 23.50.000 Wetlands compliance requirements flowchart. 23.50.010 Designation, rating and mapping —Wetlands. Part II. Allowed Activities — Wetlands 23.50.020 Allowed activities — Wetlands. Part III. Additional Report Requirements — Wetlands 23.50.030 Special study and report requirements — Wetlands. Part IV. Development Standards — Wetlands 23.50.040 Development standards — Wetlands. 23.50.050 Mitigation requirements — Wetlands. 23.50.060 Performance standards — Subdivisions. Part V. City of Edmonds Wetland Field Data Form 23.50.070 Wetland field data form. Part I. Designation, Rating and Mapping 23.50.000 Wetlands compliance requirements flowchart.0 SHARE See Figure 23.50.000 at the end of this chapter. [Ord. 3527 § 2, 2004]. 23.50.010 Designation, rating and mapping — Wetlands.D SHARE A. Designating Wetlands. Wetlands are those areas, designated in accordance with the approved federal wetland delineation manual and applicable regional supplements as set forth in WAC 173-22-035 Washington State Wetland 1dent f;,.ation and Deiineatio,, Manual (1997), 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. All areas within the city of Edmonds meeting the wetland designation criteria i the ideat f:, atier ara Page 34 of 92 Packet Pg. 372 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Deli,ea4i .,, Manual, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title. B. Wetland Ratings. Wetlands shall be rated according to the Washington State Department of Ecology wetland rating system found in the 2014 Washington State Wetland Rating System for Western Washington doetimen4s OlLpgfp� AlLaS ingto„, Ecology Publications Nos. 14-06-02993 74 and nn 06 OM). Thiese doeuments eontains- defining the following wetland rating e-atego.v:os.• Consistent with the wetland rating system criteria and parameters within this document, wetlands that are rated for ecological functions with highest point totals 23 points or higher) perform ecological functions associated with water flow, water quality an habitat at highest levels, whereas wetlands that are rated with lowest point totals (15 points or lower) perform ecological functions at lowest levels. Wetlands that are rated with points between 16 and 22 points perform ecological functions at moderate to high levels. The City of Edmonds Wetland Rating Categories: a. Category 4-I Wetlands. Category 4-I wetlands are those that represent a unique or rare wetland type; are more sensitive to disturbance than most wetlands; are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime; or provide a high level of function. The following types of wetlands are Category Lr eetoneor- more of the followinger-i i. Relatively undisturbed estuarine wetlands larger than ones acre; ii. Wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/MR; Pr-egr-am�DNR as high quality wedapids; iii. Bogs larger than e half acre--, iv. Wetlands with mature and old growth forests M.,tufe and old growth foreste 'vvefl larger than one (1) acre; v. Wetlands in coastal lagoons; vi. Wetlands that perform functions at high levels Wetlands ds that perform many functions well as indicated by a score of twenty-three (23�points or more based on functions on the city of Edmonds wetland field data rn.,,, b. Category III Wetlands. Category II wetlands are those that are difficult, though not impossible, to replace, and provide high levels of some functions. The following types of wetlands are Category 2II wetlands i. Estuarine wetlands smaller than one acre, or disturbed estuarine wetlands larger than one acre; Page 35 of 92 Packet Pg. 373 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 iv. Wetlands with a moderately high level of functions as indicated by a score of 51 te-6920 to 22 points based on functions o the eity o4'Edmonds . ,edan f:^'a data fefm. c. Category 3-III Wetlands. Category 3-III wetlands are wetlands with a moderate level of functions as indicated by a score of 3&16 to 5G-19 points based on functions. d. Category 4-IV Wetlands. Category 4IV wetlands are those with the lowest levels of functions as indicated by scores below 3-0-16 points based on functions fem. All wetlands should be rated consistent with the 2014 Washington State Wetland Rating System for Western Washinjzton using the 2014 Western Washington Rating Form. C. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland exists on the date of adoption of the rating system by the local government, as the wetland naturally changes thereafter, or as the wetland changes in accordance with permitted activities. Wetland rating categories shall not change due to illegal modifications. D. Mapping. The approximate location and extent of wetlands are shown on the city of Edmonds critical areas inventory. In addition, the National Wetlands Inventory and Soil Maps produced by the U.S. Department of Agriculture, National Resources Conservation Service may be useful in helping to identify potential wetland areas. The inventory and cited resources are to be used as a guide for the city of Edmonds, project applicants, and/or property owners, and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. E. Delineation. The exact location of a wetland's boundary shall be determined through the performance of a field investigation by a qualified professional wetland scientist applying the approved federal wetland delineation manual and applicable regional supplementsW.,shingt State Wetlarideatifieation a -ad Delineation Manual as required by RCW 3 6.70A. 175 (Ecology Pttblication No. 96 9 a� , 49". Wetland delineations are valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. F. Lake Ballinger. Lake Ballinger is designated on the U.S. National Wetlands Inventory as a lacustrine (lake) environment and should not be delineated as a wetland in its entirety. Lake fringe wetlands existing along the periphery of Lake Ballinger shall be identified according to specific criteria provided in 23.50.010. -the Washington State Wetlands 1dentifieation and Delineation Ma+mal (Eeolog -Pttblieatien No. 96 94, 1997) and updated guidanee provided in Washington State Wetlands Rating Sy f West WashingtonRevised zPubl ^^�„ No. nn 06 025, 2n�T Consistent with ��carivr-rrc� crir-vv-c�niii �9i�E6 �rvrrcu guidance for delineating lake fringe wetlands provided in these resources, the existence of jurisdictional wetlands along Lake Ballinger shorelines shall be largely based upon the presence of persistent emergent vegetation in shoreline areas less than 6.6 feet in depth. Provisions for protection of Lake Page 36 of 92 Packet Pg. 374 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Ballinger shorelines not meeting criteria for jurisdictional wetlands are provided in the city of Edmonds shoreline master program. [Ord. 3527 § 2, 2004]. Part II. Allowed Activities — Wetlands 23.50.020 Allowed activities — Wetlands.0 SHARE The activities listed below are allowed in wetlands in addition to those activities listed in, and consistent with, the provisions established in ECDC 23.40.220, and do not require submission of a critical areas report, except where such activities result in a loss to the functions and values of a wetland or wetland buffer. These activities include: A. Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife that does not entail changing the structure or functions of the existing wetland. B. The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, chemical applications, or alteration of the wetland by changing existing topography, water conditions, or water sources. C. Drilling for utilities under a wetland; provided, that the drilling does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist are necessary to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column could be disturbed. D. Enhancement of a wetland through the removal of nonnative invasive species. Weeding shall be restricted to hand removal and weed material shall be removed from the site. Bare areas that remain after weed removal shall be revegetated with native shrubs and trees at natural densities. Some hand seeding may also be done over the bare areas with native herbs. Noxious weeds listed on the Washington State Noxious Weed Control Board list must be handled and disposed of according to a noxious weed control plan appropriate to that species. E. Permitted alteration to a legally constructed structure existing within a wetland or wetland buffer that does not increase the footprint of development or impervious surfacing or increase the impact to a wetland or wetland buffer. [Ord. 3527 § 2, 2004]. Part III. Additional Report Requirements — Wetlands 23.50.030 Special study and report requirements — Wetlands.0 SHARE A. Additional Requirements for Wetlands. In addition to the general critical areas report requirements of ECDC 23.40.090, critical areas reports for wetlands must meet the requirements of this section. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area. Page 37 of 92 Packet Pg. 375 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 B. Critical areas report requirements for wetlands may be met in "stages" or through multiple reports. The typical sequence of potentially required reports that may in part or in combination fulfill the requirements of this section include: 1. Wetland reconnaissance report documenting the existence and general location of wetlands in the vicinity of a project area; 2. Wetland delineation report documenting the extent and boundary of a jurisdictional wetland per RCW 36.70A.175; and 3. Wetland mitigation report documenting potential wetland impacts and mitigation measures designed to retain or increase the functions and values of a wetland in accordance with ECDC 23.50.050 and the general provisions of this title. C. A wetland critical areas report may include one or more of the above three report types, depending on the information required by the director and the extent of potential wetland impacts. The Edmonds development services director maintains the authority and discretion to determine which report(s) alone or combined are sufficient to meet the requirements outlined below and to waive report requirements based upon site conditions and the potential for project impacts. D. Preparation by a Qualified Professional. A critical area report for wetlands shall be prepared by a qualified professional who is a certified professional wetland scientist or a noncertified professional wetland scientist with a minimum of five years of experience in the field of wetland science and with experience preparing wetland reports. Pursuant to ECDC 23.40.090(A), applicants may choose one of the qualified technical consultants on the city's approved list in preparing critical areas reports for wetlands, or may utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant shall be subject to independent review pursuant to ECDC 23.40.090(B). E. Area Addressed in Critical Area Report. The following areas shall be addressed in a critical area report for wetlands: 1. The project area of the proposed activity; 2. All wetlands and recommended buffers within 200 feet of the project area; and 3. All shoreline areas, water features, floodplains, and other critical areas, and related buffers within 200 feet of the project area. The location and extent of wetlands and other critical areas existing outside of the project area or subject parcel boundary may be shown in approximation as practical and necessary to provide an assessment of potential project effects. F. Wetland Analysis. In addition to the minimum required contents of ECDC 23.40.090, Critical areas reports — Requirements, a critical areas report for wetlands shall contain an analysis of the wetlands, including the following site- and proposal -related information at a minimum: 1. A written assessment and accompanying maps of the wetlands and buffers within 200 feet of the project area, including the following information at a minimum: Page 38 of 92 Packet Pg. 376 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 a. Wetland delineation and required buffers; b. Existing wetland acreage; c. Wetland category; d. Vegetative, faunal, and hydrologic characteristics; e. Soil and substrate conditions; f. Topographic elevations, at two -foot contours; and g. A discussion of the water sources supplying the wetland and documentation of hydrologic regime (locations of inlet and outlet features, water depths throughout the wetland, and evidence of recharge or discharge, evidence of water depths throughout the year: drift lines, algal layers, moss lines, and sediment deposits). The location, extent and analyses of wetlands not contiguous with the subject parcel existing outside of the immediate project area may be described in approximation as practical and necessary to provide an assessment of potential project effects and hydrologic/ecological connectivity to on -site wetlands and other critical areas. 2. A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land use activity. 3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on -site habitat and wetland functions. 4. Functional evaluation for the wetland and adjacent buffer using a local or state agency staff - recognized method and including the reference of the method and all data sheets. 5. Proposed mitigation, if needed, including a written assessment and accompanying maps of the mitigation area, including the following information at a minimum: a. Existing and proposed wetland acreage; b. Vegetative and faunal conditions; c. Surface and subsurface hydrologic conditions including an analysis of existing and future hydrologic regime and proposed hydrologic regime for enhanced, created, or restored mitigation areas; d. Relationship to the watershed and existing waterbodies; e. Soil and substrate conditions, topographic elevations; Page 39 of 92 Packet Pg. 377 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 f. Existing and proposed adjacent site conditions; g. Required wetland buffers; and h. Property ownership. 6. A scale map of the development proposal site and adjacent area. A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs. 7. A bond estimate for the installation (including site preparation, plant materials and installation, fertilizers, mulch, and stakes) and the proposed monitoring and maintenance work for the required number of years. [Ord. 3527 § 2, 2004]. Part IV. Development Standards — Wetlands 23.50.040 Development standards — Wetlands.0 SHARE A. Activities may only be permitted in a wetland buffer if the applicant can show that the proposed activity will not degrade the functions and functional performance of the wetland and other critical areas. B. Activities and uses shall be prohibited in wetlands and wetland buffers, except as provided for in this title. C. Category 4-I Wetlands. Activities and uses shall be prohibited from Category 47I wetlands, except as provided for in the public agency and utility exception, reasonable use exception, and variance sections of this title. D. Category III Wetlands. With respect to activities proposed in Category III wetlands, the following standards shall apply: 1. Water -dependent activities may be allowed where there are no practicable alternatives that would have a less adverse impact on the wetland, its buffers and other critical areas. 2. Where non -water -dependent activities are proposed, it shall be presumed that alternative locations are available, and activities and uses shall be prohibited, unless the applicant demonstrates that: a. The basic project purpose cannot be accomplished as proposed and successfully avoid, or result in less adverse impact on, a wetland on another site or sites in the general region; and b. All alternative designs of the project as proposed, such as a reduction in the size, scope, configuration, or density of the project, would not avoid or result in less of an adverse impact on a wetland or its buffer. Page 40 of 92 Packet Pg. 378 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 E. Category 34III and 44V Wetlands. Activities and uses that result in unavoidable and necessary impacts may be permitted in Category 3-III and 4IV wetlands and associated buffers in accordance with an approved critical areas report and mitigation plan. F. Wetland Buffers. 1. Standard Buffer Widths. The standard buffer widths in ECDC 23.50.040.F.1.d below have been establish in accordance with best available science. The buffers are based on the category of wetland and the habitat score as determined by a qualified wetland professional using the Washington State Wetland Rating System for Western Washington. a. The use of the standard buffer widths requires the implementation of the measures in ECDC 23.50.040.F.2, where applicable, to minimize the impacts of the adjacent land uses. b. If an applicant chooses not to apply the mitigation measures in ECDC 23.50.040.F.2, than a thirty three (33%) increase in the width of all buffer is required. c_The standard buffer widths presume the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the wetland functions and values at the time of the proposed activity. If the buffer is composed of nonnative vegetation, lawn, or bare ground, vegetation is inadequate, then, at the discretion of the director, the buffer width may be increased or an applicant may be required to either develop and implement a wetland buffer enhancement plan to maintain the standard width or widen the standard width to ensure that adequate functions of the buffer are provided.{s-ee subseetion (F)(3) of this seetion). R.elluifedl standard wetiand bti�r-s, based on wetland eategofy, are as fe max F-919MMIFINMAMFORIM �rMITNTMAMMIEVm d. Standard Wetland Buffer Widths Table. Minimum Buffer Buffer Buffer Width Width Buffer Width Width Wetland Wetland (Wetland scores (Wetland Wetland Category scores 3-4 scores 5 scores 6-7 8-9 habitat habitat habitatpoints) habitat points) oints points) Page 41 of 92 Packet Pg. 379 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Category i. 75 ft 105 ft 165 ft 225 ft Based on total score Category I: Bogs and 190 ft 190 ft 190 ft 225 ft Wetlands of Hiah Conservation Value Category I: 75 ft 105 ft 165 ft 225 ft Forested Camay I. 150 ft 150 ft 150 ft 150 ft Estuarine Category 75 ft 105 ft 165 ft 225 ft Based on score Category III (allj 60 ft 105 ft 165 ft 165 ft Categoryall) 40 ft 40 ft 40 ft 40 ft 2. Required Measures to Minimize Impacts to Wetlands. The standard wetland buffer widths in ECDC 23.50.040.F. Le assumes implementation of the following measures, where 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 • immediately adjacent to the out wetland buffer Toxic runoff Route all new, untreated runoff away from wetland while Page 42 of 92 Packet Pg. 380 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Disturbance Required Measures to Minimize Impacts ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetlands • 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 corridors or • Maintain connections to offsite areas that are undisturbed Restore corridors or connections to offsite habitats by replanting Page 43 of 92 Packet Pg. 381 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Disturbance Required Measures to Minimize Impacts connections 2. Increased Wetland Buffer Widths. The director shall require increased buffer widths in accordance with the recommendations of an experienced, qualified professional wetland scientist and the best available science on a case -by -case basis when a larger buffer is necessary to protect wetland functions and values based on site -specific characteristics. This determination shall be based on one or more of the following criteria: a. A larger buffer is needed to protect other critical areas; b. The buffer or adjacent uplands has a slope greater than 15 percent or is susceptible to erosion and standard erosion control measures will not prevent adverse impacts to the wetland; or c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, development and implementation of a wetland buffer enhancement plan in accordance with subsection (F)(3) of this section may substitute. d. The wetland and/or buffer is occupied by a federally listed threatened or endange�pecies, a bald eagle nest, a ,great blue heron rookery, or a species of local importance; and it is determined by the director that an increased buffer width is necessary to protect the species. -53. Measurement of Wetland Buffers. All buffers shall be measured from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the category of the created, restored, or enhanced wetland. 64. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer requirements of this chapter. -5. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this title. wetland buffers shall be retained in an undisturbed or enhanced condition. Removal of invasive nonnative weeds is required for the duration of the mitigation bond. G. Wetland Buffer Modifications and Uses 1. Where wetland or buffer alterations are permitted by the City of Edmonds, the applicant shall miti _ ante impacts to achieve no not loss of wetland acreage and functions consistent with ECDC 23.50.050 and other applicable provisions of this Title. Page 44 of 92 Packet Pg. 382 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 2. At the discretion of the Director, standard wetland buffers may be averaged or reduced when consistent with all criteria in ECDC 23.50.040.G. Wetland buffer averaging with enhancement shall be preferred over wetland buffer averaging with enhancement. Wetland buffer reduction shall only be approved by the director when buffer averaging cannot be accomplished on -site. 43. Wetland Buffer Width Averaging with Buffer Enhancement. The director may allow modification of a standard or r wetland buffer width in accordance with an approved critical areas report and the best available science on a case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall only be granted concomitant to the development and implementation of a wetland buffer enhancement plan for areas of buffer degradation. Only those portions of a wetland buffer existing within the project area or subject parcel shall be considered the total standard or reduced buffer for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that: a. The buffer averaging and enhancement plan provides evidence that wetland functions and values will be: i. Increased or retained through plan implementation for those wetlands where existing buffer vegetation _ is generally intact; or ii. Increased through plan implantation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; a. It will not reduee the function and value of wetlands or associated ; b. The wetland contains variations in sensitivity due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrower buffer in other places; c. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for wetlands extending off -site, after averaging is no less than that which would be contained within a standard or reduced buffer; and d. The buffer width at any single location is not reduced to less than -50-seventy-f�percent 75 o of the standard or reduced buffer width. 34. Buffer Width Reductions Thfeugkthrouh Buffer Enhancement. At the discretion of the Edmonds development set-viees director, and only when buffer averaging cannot be accomplished on site, wetland buffer width reductions (or approval of standard buffer widths for wetlands where existing buffer conditions require increased buffer widths) may be granted concomitant to the development and implementation of a wetland buffer enhancement plan for Category 3-III and 4IV wetlands only. Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow for wetland buffer width reductions to no less than seventy-five -50 percent 75%o of the standard width; provided, that: a. The plan provides evidence that wetland functions and values will be: Page 45 of 92 Packet Pg. 383 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 i. Inncreased or retained through plan implementation to ^* least the level ^.idea by ^ standard buffer- or- through additional for those wetlands where existing buffer vegetation is generally intact, or ii. Increased through plan implantation for those wetlands where existing buffer vegetation is inadequate to protect the functions and values of the wetland; b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees; c. The plan requires monitoring and maintenance to ensure success in accordance with ECDC 23.40.130(D); and d. The plan specifically documents methodology and provides performance standards for assessing iner-eases in wetland btt r- ftinetioni g as relate including but not limited to: i. Water- quality „roteet e Percent vegetative cover; ii. Provision ofwildlife h.,b; ercent invasive species cover; iii. Maintenance of wetian hydr-oleg ,Species richness; and iv. Amount of large woody debris. i-�i - - - - - -- - - - - - - - - NO 8. Buffer Uses. The following uses may be permitted within a wetland buffer in accordance with the review procedures of this title; provided, they are not prohibited by any other applicable law and they are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland: a. All activities allowed by ECDC 23.50.020 (Allowed activities — wetlands). b. Conservation and Restoration Activities. Conservation or restoration activities aimed at protecting the soil, water, vegetation, or wildlife. Page 46 of 92 Packet Pg. 384 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 bc. Passive Recreation. Passive recreation facilities designed and in accordance with an approved critical area report, including: i. Walkways and trails; provided, that those pathways are generally constructed with a surface that does not interfere with substrate permeability-, are generally located only in the outer twenty-fivepercent (25%) of wetland buffers, and are located to avoid removal of significant trees. Where existing lega11X established development has reduced the width of the wetland buffer, trails may be placed in the outer twenty-fivepercent (25%) of the remaining wetland buffer. The trail shall be no more than five (5 feet in width and for pedestrian use only.Raised boardwalks utilizing nontreated pilings may be acceptable_ The director may allow trails within the inner twenty-five percent (25%) of wetland buffers when required to provide access to wildlife viewing structures, fishing access areas, or connections to other trail facilities; ii. Wildlife viewing structures; and iii. Fishing access areas down to the water's edge that shall be no larger than six feet. c. Storm Water Management Facilities. Storm water management facilities, limited to outfalls, pipes and conveyance systems, storm water dispersion outfalls and bioswales, may be allowed within the outer 25 percent of a standard or modified buffer for Category 3 or 4 wetlands only; provided, that: i. No other location is feasible; and ii. The location and function of such facilities will not degrade the functions or values of the wetland. iii. Storm water management facilities are not allowed in buffers of Category 1 or 2 wetlands. iv. Projects shall also comply with all applicable requirements in Chapter 18.30 ECDC, Stormwater Management, including Minimum Requirement #8, Wetland Protection. 4 H. Signs and Fencing of Wetlands. 1. Temporary Markers. The outer perimeter of the wetland or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field in such a way as to ensure that no unauthorized intrusion will occur and is subject to inspection by the director prior to the commencement of permitted activities. The director may require the use of fencing to protect wetlands from disturbance and intrusion. Temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. 2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs along the boundary of a wetland or buffer a. Permanent signs shall be made of an enamel -coated metal face and attached to a metal post or another nontreated material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director: Page 47 of 92 Packet Pg. 385 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Protected Wetland Area Do Not Disturb Contact the City of Edmonds Regarding Uses and Restrictions b. The provisions of subsection (G)(2)(a) of this section may be modified as necessary to assure protection of sensitive features or wildlife. 3. Permanent Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer under the following circumstances, provided that the director may waive this require: a. As part of any development proposal for single-family plats, single-family. s�plats, multifamily, mixed use, and commercial development where the director determines that such fencing is necessary to protect the functions of the critical area, provided that breaks in permanent fencing may be allowed for access to permitted buffer uses (ECDC 23.50.040.G.8); b. As part of development proposals for parks where the adjacent proposed use is active recreation and the director determines that such fencing is necessary to protect the functions of the critical area; c. When buffer averagingis s employ e�part of a development proposal; d. When buffer reductions are employed as part of a development proposal; or e. At the director's discretion to protect the values and functions of a critical area. FIL Additions to Structures Existing Within Wetlands and/or Wetland Buffers. 1_Additions to legally constructed structures existing within wetlands or wetland buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this section, provided that a wetland and/or buffer enhancement plan is provided to mitigate for impacts consistent with this Title, and provided that all.. impacts from temporary disturbances within the critical area buffer shall be addressed through use of best management _ plans and buffer enhancement plantings during and following construction of the allowed alteration. Provisions for standard wetland buffers, buffer- r-eduEtienthrough enhancement, -and -wetland buffer averaging with enhancement, and buffer reductions with enhancement require applicants to locate such additions in accordance with the following sequencing: -Ia. Outside of the standard wetland buffer; -3b. Outside of a wetland buffer averaged (with enhancement)ing per subsection (FG)(43) of this section; Page 48 of 92 Packet Pg. 386 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 -2c. Outside of a wetland buffer reduced wither enhancement) per subsection (EG)(-34) of this section; 4d. Outside of the inner twenty fiv 2-5 percent 25% of the standard wetland buffer width thr-ough the use of both buffer- r-eduetien a -ad bti�r- with no more than three hundred (300)square feet of structure addition footprint within the inner fifty percent (50%) of the standard wetland buffer width, provided that enhancement is provided at a minimum three -to -one (3:1, ratio (enhancement -to -impact), e. Outside of the inner twentv five percent (25%) of the standard wetland buffer width with no more than five hundred (500)square feet of new footprint within the inner fifty percent(50%) of the standard wetland buffer width, provided that enhancement is provided at a minimum five -to -one (5:1,) ratio (enhancement -to -impact), and that stormwater low impact development (LID) techniques and other measures are included as part of the wetland / buffer enhancement plan. 2. Where meeting wetland buffer enhancement reauirements reauired by H.1. of this section would result in enhancement that is separated from the critical area due to uncommon property ownership, alternative enhancement approaches may be approved by the director. Alternative approaches could include a vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces with pervious materials, or other approaches that provide ecological benefits to the adjacent critical area. 3. Additions to legally constructed structures existing within wetlands or wetland buffers that cannot be accommodated in accordance with the above sequencing in H.1. of this section (i.e., additions proposed within a wetland or the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210. J. Development Proposals within the Footprint of Existing Development. New development shall be allowed within the footprint of existingdevelopment evelopment occurring within a wetland buffer, provided that the following conditions are met: 1. The footprint of existingdevelopment evelopment was legally established, and is consistent with the definition provided in ECDC 23.40.320; 2. The proposed development within the footprint of existing development is sited as far away from the wetland edge as is feasible; 3. As part of the development proposal, opportunities to reduce the footprint of existing development evelopment are implemented where such reduction would increase the buffer width adjacent to the wetland and not represent an undue burden given the scale of the proposed development. 4. The proposed development includes enhancement to the adjacent wetland and associated buffer in order to improve functions degraded by previous development; Page 49 of 92 Packet Pg. 387 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 5. Enhancement is provided as wetland or buffer enhancement for an equivalent area of the footprint of the newly proposed development within in the footprint of existingdevelopment evelopment occurring in wetland buffer, or through an alternative approach approved by the director that restores degraded functions of the wetland and remaining buffer; and 6. Impacts from temporary disturbances within the wetland buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. IK. Small, hydrologically _ isolated wetlandsE�s. The director may allow small, hydrolo _ ig ca11X isolated Category 3-III or IV4 wetlands under 5Wone thousand- 1 000 square feet in area to be exempt from the avoidance sequencing, provisions of ECDC 23.40.120 and the wetland development standards provisions of ECDC 23.50.040.F. At the discretion of the director such wetlands may be altered, provided that pp-feevWens of this title. A wetland exemption shall granted i a submitted critical areas report and miti atg ion plan, �r *"� �� �r�*���' of delineation, provides evidence that all of the following conditions are met: 1. The wetland is unless than Simone thousand (1,000) square feet in area; -32. The wetland does not provide significant habitat value for wildlife; aftd 3. The wetland is not adjacent to a riparian area; 4. The wetland has a score of three (3) — four (4) points for habitat in the adopted Western Washing rating system; and 5. A mitigation plan to replace lost wetland functions and values is developed, approved and implemented consistent with ECDC 23.50.050. rre!rr.��Tsssrssee!*: �!�rzt�:�stre�r�as� •2004]._ - 23.50.050 Mitigation requirements — Wetlands.P SHARE Compensatory mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions. Wetland mitigation plans shall be consistent with Gguidelines fef-in Wetland Mitigation in Washington State —Part 2: Developing Mitigation Plans (Ecologyy, 2006) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology, 2009)Devele„ing Freshwater- Wetlands MitigationPlans and sals, 1994, as revised. Page 50 of 92 Packet Pg. 388 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 ............ E A. Mitigation for Lost or Affected Functions. Compensatory mitigation actions shall address functions affected by the alteration to achieve functional equivalency or improvement and shall provide similar wetland functions as those lost, except when: 1. The lost wetland provides minimal functions as determined by a site -specific function assessment, and the proposed compensatory mitigation action(s) will provide equal or greater functions or will provide functions shown to be limiting within a watershed through a formal Washington State watershed assessment plan or protocol; or 2. Out -of -kind replacement will best meet formally identified watershed goals, such as replacement of historically diminished wetland types. GB. Preference of Mitigation Actions. Mitigation actions that require compensation by replacing, enhancing, or substitution shall occur in the following order of preference: 1. Implementing compensatory restoration through purchase of credits at an approved mitigation bank or through payment into an approved in lieu fee program. -12. Restoring (re-establishing) wetlands on upland sites that were formerly wetlands. -23. Creating wetlands on disturbed upland sites such as those with vegetative cover consisting primarily of nonnative, introduced species. This should only be attempted when there is a consistent source of hydrology and it can be shown that the surface and subsurface hydrologic regime is conducive for the wetland community that is being designed. 4. Enhancing significantly degraded wetlands in combination with restoration or creation. Such enhancement should be part of a mitigation package that includes replacing the impacted area meeting appropriate ratio requirements. D�C. Type and Location of Mitigation. Unless it is demonstrated that a higher level of ecological functioning would result from an alternate approach, compensatory mitigation for ecological functions shall be in -kind and conducted on the site or in the vicinity of the alteration except when all of the following apply: 1. On -site opportunities do not have a high likelihood of success, after a determination of the natural capacity of the site to mitigate for the impacts. Consideration should include: anticipated wetland Page 51 of 92 Packet Pg. 389 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 mitigation replacement ratios, buffer conditions and proposed widths, hydrogeomorphic classes of on - site wetlands when restored, proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity); 2. Off -site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland; -and 3. Off -site mitigation incorporates guidance from Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication #10-06-011, Hruby. 2012), and -34. Off -site locations for compensatory mitigation are consistent with city of Edmonds goals for rimwatershed-wide ecological restoration. Off -site locations are selected with a preference for sites within the same basin as the impact, followed by other sites within the city. -Specific areas targeted for restoration efforts include: a. Lake -fringe wetlands and habitat areas associated with Lake Ballinger; b. Edmonds marsh; c. Yost Park wetlands; d. Good Hope wetlands; and e. Wetlands and habitat areas peripheral to anadromous fish -bearing streams:; and f. Sites available through an approved mitigation bank or in --lieu fee program. m. This list is not comprehensive and may change as the city of Edmonds identifies areas suitable for restoration and capital improvement projects consistent with goals for jurisdiction -wide habitat retention and enhancement provided in the city's comprehensive plan. ED. Mitigation Timing. Mitigation projects shall be completed with an approved monitoring plan prior to activities that will disturb wetlands. In all other cases, mitigation shall be completed immediately following disturbance and prior to use or occupancy of the activity or development. Construction of mitigation projects shall be timed to reduce impacts to existing fisheries, wildlife, and flora. EE. Mitigation Ratios. 1. Acreage Replacement Ratios. The fellewing ratios in the table below shall apply to ere r-estor-atie or re-establishment, rehabilitation, or enhancement that is in -kind, is on -site, is the same eategor-y, is timed prior to or concurrent with alteration, and has a high probability of success. These ratios do not apply to remedial actions resulting from unauthorized alterations; greater ratios shall apply in those cases. The first number specifies the acreage of replacement wetlands and the second specifies the acreage of wetlands altered. Ratios for rehabilitation and enhancement may be reduced when combined with 1:1 replacement through creation or re-establishment pursuant to Table la, Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance —Version 1, (Ecologyy Page 52 of 92 Packet Pg. 390 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Publication #06-06-1 la, or as revised). Creation, re-establishment, rehabilitation, and enhancement definitions are provided in ECDC 23.40.320 (see definition for "compensatory mitigation", and shall be additionally consistent with intent pursuant to Ecology Publication #06-06-1 la.: e. Category 3: two to one-, Category and Tyne of Wet/and Creation or Re - establishment Rehabilitation Enhancement only only Category IV 1.5:1 3:1 6:1 Category III 2:1 4:1 81 Category II 3:1 6:1 12:1 Category I: Based on functions 4:1 8:1 16:1 Category I: Mature and old growth forest 6:1 12:1 24:1 Category I: High conservation Not considered Not considered Not considered possible possible possible value / Boq Mitigation requirements may also be determined using the credit/debit tool described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Ecology Publication #10-06-011, Olympia, WA, March 2012, or as revised) if gpproved by the director. 2. Off -site Mitigation. - These ratios provided in ECDC 23.50.050.F.1. do not apply to off -site mitigation, _ including4he use of credits from a state -certified wetland mitigation bank or payment to a certified in - lieu fee program. When off -site mitigation is proposed, or when ^redits from armed mitigation bank Page 53 of 92 Packet Pg. 391 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 or in lieu fee program isafe used, replacement ratios mayshettW incorporate guidance from Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication #10-06-011, Hruby. 2012), and for mitigation banks or in lieu fee program should be consistent with the certification requirements ef the bmk's eet4i fie fie . Use of mitigation banks shall meet all requirements of ECDC 23.50.050.H.The firs* number- oeifies the ae of r-eplaeemen -23. Increased Replacement Ratio. The director may require increased compensatory mitigation ratios under the following circumstances: a. Uncertainty exists as to the probable success of the proposed restoration or creation; b. A significant period of time will elapse between impact and replication of wetland functions; c. Proposed mitigation will result in a lower -category wetland or reduced functions relative to the wetland being impacted; or d. The impact was an unauthorized impact. G. Wetlands Enhancement as Mitigation. 1. Impacts to wetland functions may be mitigated by enhancement of existing significantly degraded wetlands, but may, at the discretion of the director, be used in conjunction with restoration and/or creation. Applicants proposing to enhance wetlands must produce a critical areas report that identifies how enhancement will increase the functions of the degraded wetland and how this increase will adequately mitigate for the loss of wetland area and function at the impact site. An enhancement proposal must also show whether existing wetland functions will be reduced by the enhancement actions. 2. At a minimum, enhancement acreage shall be double the acreage required for creation or restoration under subsection F of this section. The ratios shall be greater than double the required acreage where the enhancement proposal would result in minimal gain in the performance of wetland functions and/or result in the reduction of other wetland functions currently being provided in the wetland. 3. Mitigation ratios for enhancement in combination with other forms of mitigation shall range from six - to -one to three -to -one and be limited to Class 3 and 4 wetlands. H. Wetland Mitigation Banks and In --Lieu Fee Programs. 1. Wetland Mitigation Banks. Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: a. The bank is certified under state rules; b. The director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and Page 54 of 92 Packet Pg. 392 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 c. The proposed use of credits is consistent with the terms and conditions of the bank's certification instrument. d. Replacement ratios for projects using bank credits mare consistent with replacement ratios specified in the bank's certification. e. Credits from a certified wetland mitigation bank are used to compensate for impacts located within the service area specified in the certified bank instrument. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. 32. In --Lieu Fee Programs. As an alternative to on -site or other off -site mitigat�pproaches, the director may previ 1egpprove purchase of credit for compensatory mitigation from an in lieu fee program. An.. such used to compensate for direct wetland impacts shall be developed and approved throu_hg_a public process and be consistent with federal rules, state policy on in lieu fee mitigation and state water quality regulations, Determiningcredit redit purchase necessary to compensate for wetland impacts shall incorporate guidance from Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington (Ecology Publication #10-06- 011, Hruby. 2012). Development proposals impacting critical areas and/or associated buffers maX contribute payment towards an identified City of Edmonds mitigation project with approval from the director, provided that the mitigation meets all state and federal permit requirements, where required. -applicant provision of funds to identified capital improvement projects for- wedan restoration. The dir-eetor- r-etains diser-etion to establish a monetary value for- applieant pr-ovision of ftinds whieh shall be, at a fiiiniffr&m, equal to the eest of designing, developing, implemeating and menit in kind ^ ^ ator-y mitigation on to ^ in the „ eet vieir4* Applicant provision of funds for compensatory mitigation shall only be approved if: a. The director determines that it would provide environmentally ppropriate compensation for the proposed wetland impacts; effo14S; b. The mitigation will occur on a site identified using the site selection and prioritization process in the approved in --lieu fee program instrument or at a City -identified restoration site consistent with ECDC23.40.140 with the pr-evisions and faties of this title; c. A restoration area and plan have been identified and shall be implemented within three years of project development; d. Restoration efforts are focused in those areas identified in subsection (T"«` of this section and areas identified as suitable for restoration by the director; and e. Credits from an approved in --lieu fee program may be used to compensate for impacts located within the service area specified in the approved in --lieu fee instrument. [Ord. 3527 § 2, 2004]. Page 55 of 92 Packet Pg. 393 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 23.50.060 Performance standards — SubdivisionsA3 SHARE The subdivision and short subdivision of land in wetlands and associated buffers is subject to the following: A. Land that is located wholly within a wetland or its buffer may not be subdivided. B. Land that is located partially within a wetland or its buffer may be subdivided; provided, that an accessible and buildable contiguous portion of each new lot is located outside of the wetland and its buffer. C. Access roads and utilities serving the proposed subdivision may be permitted within the wetland and associated buffers only at the discretion of the director. [Ord. 3527 § 2, 2004]. Part V. City of Edmonds Wetland Field Data Form 23.50.070 Wetland field data form.0 SHARE The eity ofEdmonds-wetland field data used for completion of wetland ratings shall be consistent with the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029• Hruby 2014).f fm is available in the eity of Edonds development serviees department and n the eity of T7rl,Y,onds . ,ebsite. [Ord. 3527 § 2, 2004]. Figure 23.50.000 Page 56 of 92 Packet Pg. 394 City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 6.8.a CITY OF EDMONDS CRITICAL AREAS Critical Areas Compliance Requirements* Wetlands wetland nr?v Wetland Reconnais• Reconnaissance Wetland delineation buffer _:i Vin[with Impacts cannot bufferrAmai�mr uffer — belccated sanceREQuIRED ta detemInes that REQilIREStoidentify annar+.ntiand be avoided on or near determine ifpotential jurisdictional wetland bound aric �nt throughSubject Plan wetland meets ju risdic- wetland exist and classify teed a nd standard buffer o prove parcel- tlonaI criteria and is within 22.5 ft of per updated Increase located within 2254of subject parcel. categories. nctions subject parcel. es. Butter wiEih rM�ciien ihr gh,.h­t t -p'y ard+ Wetland Buffer Recon n ai5sa nce identifies Wetland impacts are c��ningrarwap ihattcemcrrc Plan well an d is not j urisd fiction a l avendPd thfougn EQIIIREh top rove (and ju rlsd lttlon a l determl- standard buffer Mention or Inc rease nation is confirmed by the widths for wetiand in wetland functions; J,& Army Gor ps of category. a nd va lues. Engineers); or reconnais- sance identifies th at wetland Is located � 225It P Wetland Buffer from subjectparcel . No additional woe V m f"'' Mitigation Plan maaaron RE IRED Per Qv compliance J u pd a led ccd a req ui re- requ iremen ts, ment5 to prove retention or increase No additlonaI of wetland functions compliance :aod imlu�, l requirements. Nearing Examiner �-i—tsca Wto EQUOR Ea on ly for va ri a nees nie®�ue projects for wh[chimpacis n not be miligat�d to retain well and functions and Values - WPM rix1ii men[s may 13 r. MN thmueh suhmhslnn nla slnelend[ral area rPnnrt or midtlplo vve rts In nnmbinatlnn. Page 57 of 92 No additional compliance required. No additional compliance required. No additional compliance required. Packet Pg. 395 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Chapter 23.60 CRITICAL AQUIFER RECHARGE AREAS Sections: Part I. Designation, Rating and Mapping 23.60.010 Critical aquifer recharge areas designation. Part I. Designation, Rating and Mapping 23.60.010 Critical aquifer recharge areas designation.0 SHARE Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing geologic conditions associated with infiltration rates that create a high potential for contamination of ground water resources or contribute significantly to the replenishment of ground water. CARAs are protected as critical areas under the Washington State Growth Management Act. However, no areas meeting criteria for CARAs exist in the vicinity of the city of Edmonds. Thus, additional specific provisions for protection of this critical area type are not provided within this title. [Ord. 3527 § 2, 2004]. Page 58 of 92 Packet Pg. 396 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Chapter 23.70 FREQUENTLY FLOODED AREAS Sections: Part I. Designation, Rating and Mapping 23.70.010 Designation, rating and mapping —Frequently flooded areas. Part IL Additional Report Requirements — Frequently Flooded Areas 23.70.020 Special study and report requirements — Frequently flooded areas. 23.70.030 Warning and disclaimer of liability. Part III. Development Standards — Frequently Flooded Areas 23.70.040 Development standards — Frequently flooded areas. Part I. Designation, Rating and Mapping 23.70.010 Designation, rating and mapping — Frequently flooded areas. SHRRE A. Frequently Flooded Areas. Frequently flooded areas shall include: 1. Those areas identified on FEMA flood insurance maps as areas of special flood hazard, which include those lands in the floodplain subject to a one percent or greater chance of flooding in any given year. For the purposes of this title, areas of special flood hazard for the city of Edmonds are hereby declared generally to be those areas shown as Zone A (including Zones A, AE, Al—A30, AH, AO, AR and A99) and Zone V (including Zones V and YE Ion the following FEMA maps or panels: 53061C00; 5306IC1292 E, Panel 1292; 53061C1285 E, Panel 1285; 5306IC1315 E, Panel 1315; and 5306IC1305 E, Panel 1305. The following maps and panels were revised and effeetive on jafmafy 30, 1999, and such inaps and panels are adepted by this referenee as a part of this ehapter as if ful1y-s-e4 f i*' n.The city will use the most currently adopted FEMA maps in determining whether a propertX is located within a frequently flooded area. Base flood elevations and flood hazard factors for those areas shown as Zone A on the map have not been determined and the local flood management administrator shall utilize such other data as may be reasonably available from federal, state or other sources in administering this chapter as provided in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. 2. Those areas identified as frequently flooded areas on the city of Edmonds critical areas inventory. Identified frequently flooded areas are consistent with and based upon designation of areas of special flood hazard on FEMA flood insurance maps as indicated above. Page 59 of 92 Packet Pg. 397 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 B. City Discretion and Designation. Flood insurance maps and the city's critical areas inventory are to be used as a guide for the city of Edmonds development services department, project applicants and/or property owners, and the public and should be considered a minimum designation of frequently flooded areas. As flood insurance maps may be continuously updated as areas are reexamined or new areas are identified, newer and more restrictive information for flood hazard area identification shall be the basis for regulation. The city of Edmonds shall retain the right to designate and identify areas known to be prone to flooding outside of the 100-year floodplain and subject them to the provisions and protections of this title and the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. [Ord. 3527 § 2, 2004]. Part II. Additional Report Requirements — Frequently Flooded Areas 23.70.020 Special study and report requirements — Frequently flooded areas. ""RE In addition to the general critical areas report requirements of ECDC 23.40.090, critical areas reports for frequently flooded areas must meet the requirements of this section and the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area. A. Preparation by a Qualified Professional. A frequently flooded areas report shall be prepared by a qualified professional who is a hydrologist or engineer, licensed in the state of Washington, with experience in preparing flood hazard assessments. Pursuant to ECDC 23.40.090(A), applicants may choose one of the qualified technical consultants on the city's approved list in preparing critical areas reports for frequently flooded areas, or may utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant shall be subject to independent review pursuant to ECDC 23.40.090(B). B. Areas to Be Addressed. The following areas shall be addressed in a critical areas report for frequently flooded areas: 1. The site area of the proposed activity; 2. All areas of a special flood hazard area, as indicated on the flood insurance map(s), within 200 feet of the project area; and 3. All other flood areas indicated on the flood insurance map(s) within 200 feet of the project area. C. Flood Hazard Assessment. A critical area report for a proposed activity within a frequently flooded area shall contain a flood hazard assessment including the following site- and proposal -related information at a minimum: 1. Site and Construction Plans. A copy of the site and construction plans for the development proposal showing: Page 60 of 92 Packet Pg. 398 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 a. Floodplain (100-year flood elevation), 10- and 50-year flood elevations, floodway, other critical areas, buffers, and shoreline areas; b. Proposed development, including the location of existing and proposed structures, fill, storage of materials, and drainage facilities, with dimensions indicating distances to the floodplain; c. Clearing limits; and d. Elevation of the lowest floor (including basement) of all structures, and the level to which any nonresidential structure has been floodproofed. 2. Watercourse Alteration. Alteration of natural watercourses shall be avoided, if feasible. If unavoidable, a critical areas report shall include: a. Extent of Watercourse Alteration. A description of and plan showing the extent to which a watercourse will be altered or relocated as a result of a proposal; b. Maintenance Program Required for Watercourse Alterations. A maintenance program that provides maintenance practices for the altered or relocated portion of the watercourse to ensure that the flood - carrying capacity is not diminished. D. Information Regarding Other Critical Areas. Potential impacts to wetlands, fish and wildlife habitat, and other critical areas shall be addressed in accordance with the applicable sections of this title. [Ord. 3527 § 2, 2004]. 23.70.030 Warning and disclaimer of liability.0 SHARE The degree of flood protection required by this chapter and the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19, is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside frequently flooded areas or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Edmonds, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. [Ord. 3527 § 2, 2004]. Part III. Development Standards — Frequently Flooded Areas 23.70.040 Development standards — Frequently flooded areas-0 SHARE Development standards and provisions for protection of frequently flooded areas are provided as applicable to areas of special flood hazard in the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19. Conformance with the provisions for flood hazard reduction of the current editions of the International Residential Code and International Building Code, as adopted in ECDC Title 19, shall constitute conformance with ECDC 23.40.050, Page 61 of 92 Packet Pg. 399 City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 6.8.a Protection of critical areas, per the mandates of the Washington Growth Management Act and the purposes and objectives of this title. [Ord. 3527 § 2, 2004]. Chapter 23.80 GEOLOGICALLY HAZARDOUS AREAS Sections: Part I. Designation, Rating and Mapping 23.80.000 Geologically hazardous areas compliance requirements flowchart. 23.80.010 Designation, rating and mapping —Geologically hazardous areas. 23.80.020 Designation of specific hazard areas. 23.80.030 Mapping of geologically hazardous areas. Part II. Allowed Activities — Geologically Hazardous Areas 23.80.040 Allowed activities — Geologically hazardous areas. Part III. Additional Report Requirements — Geologically Hazardous Areas 23.80.050 Special study and report requirements — Geologically hazardous areas. Part IV. Development Standards — Geologically Hazardous Areas 23.80.060 Development standards — General requirements. 23.80.070 Development standards — Specific hazards. Part I. Designation, Rating and Mapping 23.80.000 Geologically hazardous areas compliance requirements flowchartA SHARE See Figure 23.80.000 at the end of this chapter. [Ord. 3527 § 2, 2004]. 23.80.010 Designation, rating and mapping — Geologically hazardous areas.O SHARE Geologically hazardous areas include areas susceptible to erosion, land sliding, earthquake, or other geological events. They pose a threat to the health and safety of citizens when incompatible Page 62 of 92 Packet Pg. 400 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 development is sited in areas of significant hazard. Such incompatible development may not only place itself at risk, but also may increase the hazard to surrounding development and use. Areas susceptible to one or more of the following types of hazards shall be designated as a geologically hazardous area: A. Erosion hazard; B. Landslide hazard; and C. Seismic hazard. [Ord. 3527 § 2, 2004]. 23.80.020 Designation of specific hazard areas. SHRRE A. Erosion Hazard Areas. Erosion hazard areas are at least those areas identified by the U.S. Department of Agriculture's Natural Resources Conservation Service as having a "moderate to severe," "severe," or "very severe" rill and inter -rill erosion hazard. Erosion hazard areas are also those areas impacted by shoreland and/or stream bank erosion. Within the city of Edmonds erosion hazard areas include: 1. Those areas of the city of Edmonds containing soils that may experience severe to very severe erosion hazard. This group of soils includes, but is not limited to, the following when they occur on slopes of 15 percent or greater: a. Alderwood soils (15 to 25 percent slopes); b. Alderwood/Everett series (25 to 70 percent slopes); c. Everett series (15 to 25 percent slopes); 2. Coastal and stream erosion areas which are subject to the impacts from lateral erosion related to moving water such as stream channel migration and shoreline retreat. 3-2. Any area with slopes of 15 percent or greater and impermeable soils interbedded with granular soils and springs or ground water seepage; and 4-3. Areas with significant visible evidence of ground water seepage, and which also include existing landslide deposits regardless of slope. B. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of b soil, slope (gradient), slope aspect, structure, hydrology, or other factors. Within the city of Edmonds potential landslide hazard areas speeifieally include: 1. Areas of ancient or historic failures in Edmonds which include all areas within the earth subsidence and landslide hazard area as identified in the 1979 report of Robert Lowe Associates and amended by the 1985 report of GeoEngineers, Inc. and further discussed in the 2007 report by Landau Associates; Page 63 of 92 Packet Pg. 401 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 2. Coastal areas mapped as class a (unstable), ups (unstable old slides), and urs (unstable recent slides) in the Department of Ecology Washington coastal atlas; 3. Areas designated as quaternary, steps, earthflows, mudflows, or landslides on maps published by the United States Geological Survey or Washington State Department of Natural Resources; Figure 1 Simple Slope Calculation The slope calculation guidance shall be used to determine the toe and top of% slope for slopes that are potentially landslide hazard areas or potentially erasion hazard areas. Toe and top of landslide hazard areas (generally slopes of 40% or greater) delineated where incline reverses or diminishes to <40Vo over at least 10 feet of horizontal distance. Toe and top of erosion hazard areas (generally slopes 15.40 %) delineated where incline reverses or diminishes to <15%over at IPast 10 fapt of hnri7nntal rlidanra WO% slop, hazard are slope (e ME a reaj over min 10 ft. 10' Top of Slope r V (Vertical Rise) % Slope = x 100% H QiorizontalRun) Note: Steps, grad! entchanges, and incline reversals o r brea ks b e low percent slopes deriving landslide hazard areas (40%) and erasion hazard areas (15%) shall he included as part of the larger slope. L 24. Any slope of forty percent (40%) or steeper that exceeds a vertical height of ten 00) feet over a twenty-five (25) foot horizontal run. Except for rockeries that have been engineered and approved by the x w engineer as having been built according to the engineered design, all other modified slopes (including c slopes where there are breaks in slopes,) meeting overall average steepness and height criteria should be W E considered potential landslide hazard areas); U a Page 64 of 92 Q Packet Pg. 402 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 5. Any slope with all three of the following characteristics: a. Slopes steeper than fifteen percent (15%); b. Hillsides intersecting _geologic contacts with a relatively_ permeable sediment overlying a relatively impermeable sediment; and c. Springs or groundwater seepage; Any afea with a slope of 4 0 pefeent of steepef md with a VeI4 relief of • by wvefaging the inelinatien ever- at least establishing its toe and top (as defined in Figure I in stibseetion (B)(1) of this seetion) and is measu feet of vet4ieal relief or- 25 feet of hefizental distanee, Benehes, steps and variations in gfadim shall be ineer-por-ated into a larger- slope if they do not mee criteria defining toe an&or- top depicted in Figure 1 in subseetion (B)(1) of this section (see also Figum-2 at the end of this subseetion). if the toe or- top of a slope is loeated off of a subjeet pr-opet4y, then t leeatien ef the toe of top shall be delineated •• 36. Any area potentially unstable as a result of rapid stream incision or stream bank erosion; 47. Any area located on an alluvial fan, presently subject to, or potentially subject to, inundation by debris flow or deposition of stream -transported sediments, and 8. Any slopes that have been modified by past development activity that still meet the slope criter - C. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as a result of earthquake -induced ground shaking, slope failure, settlement, soil liquefaction, lateral spreading, or surface faulting. These areas are designated as having a "high" and "moderate to high" risk of liauefaction as manned on the Liauefaction Susceptibility Man of Snohomish Countv by the Washington State Department of Natural Resources or areas located within er*earlandslide hazard areas. Settlement and soil li"efaetion eonditions oeeer- in areas ttnder-laia by eehesionless, loose, or- soft satufated soils of low density, typieally in asseeiation with a shallow gr-etmd water- ta [Ord. 3527 § 2, 2004] . 23.80.030 Mapping of geologically hazardous areas.l SHARE A. The approximate location and extent of geologically hazardous areas are shown on the city of Edmonds critical areas inventory. In addition, resources providing information on the location and extent of geologically hazardous areas in Edmonds include: 1. Washington Department of Ecology coastal zone atlas (for marine bluffs); 2. U.S. Geological Survey geologic maps, landslide hazard maps, and seismic hazard maps; 3. Washington State Department of Natural Resources seismic hazard maps for Western Washington; Page 65 of 92 Packet Pg. 403 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 4. Washington State Department of Natural Resources slope stability maps; 5. National Oceanic and Atmospheric Administration tsunami hazard maps; and 6. Federal Emergency Management Administration flood insurance maps. B. The critical areas inventory and the resources cited above are to be used as a guide for the city of Edmonds development services department, project applicants and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. [Ord. 3527 § 2, 2004]. Part II. Allowed Activities — Geologically Hazardous Areas 23.80.040 Allowed activities — Geologically hazardous areas.0 SHARE The following activities are allowed in geologically hazardous areas as consistent with ECDC 23.40.220, Allowed activities, Chapter 19.10 ECDC, Building Permits — Earth Subsidence and Landslide Hazard Areas, and Chapter 18.30 ECDC, Storm Water Management, and do not require submission of a critical area report: A. Erosion and Landslide Hazard Areas. Except for installation of fences and as otherwise provided for in this title, only those activities approved and permitted consistent with an approved critical areas report in accordance with this title shall be allowed in erosion or landslide hazard areas. B. Seismic Hazard Areas. The following activities are allowed within seismic hazard areas: 1. Construction of new buildings with less than 2,500 square feet of floor area or roof area, whichever is greater, and which are not residential structures or used as places of employment or public assembly; 2. Additions to existing single -story residences that are 250 square feet or less; and 3. Installation of fences. [Ord. 3527 § 2, 2004]. Part III. Additional Report Requirements — Geologically Hazardous Areas 23.80.050 Special study and report requirements — Geologically hazardous areas. SHARE Critical area report requirements for geologically hazardous areas are generally met through submission to the director of one or more geotechnical gieerreports. In addition to the general critical areas report requirements of ECDC 23.40.090, critical areas reports for geologically hazardous areas must meet the requirements of this section and Chapters 18.30 and 19.10 ECDC as applicable. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area. Geotechnical report(s) submitted for the purpose of critical areas review are required as necessary in addition to reports, data and other information mandated per ECDC Titles 18 and 19. Geotechnical report(s) shall be required: whenever a potential erosion hazard area or potential landslide Page 66 of 92 Packet Pg. 404 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 hazard area, as mapped by Edmonds critical areas inventory or shown on other information consistent with ECDC 23.80.030, is located within 50 feet of the proposed development site; whenever a development site is located within a seismic hazard area; or when otherwise determined warranted by the director (e.g. a distance equal to the height of the slope). A. Preparation by a Qualified Professional. A critical areas report for assessing a potential geologically hazardous area shall be prepared by a geologist licensed in the state of Washington, with experience analyzing geologic, hydrologic, and ground water flow systems, and who has experience preparing reports for the relevant type of hazard. If mitigation measures are necessary, the report detailing the mitigation measures and design of the mitigation shall be prepared by an engineer licensed in the State of Washington, with experience stabilizing slopes with similar geotechnical properties. Critical areas studies and reports on geologically hazardous areas shall be subject to independent review pursuant to ECDC 23.40.090(B). B. Area Addressed in Critical Areas Report. The following areas shall be addressed in a critical areas report for geologically hazardous areas: 1. The project area of the proposed activity; and 2. All geologically hazardous areas within 200 feet of the project area or that have the potential to be affected by the proposal. C. Geological Hazards Assessment. A geology hazard assessment ^r-itie ' area report for a geologically hazardous area shall include a field investigation and contain an assessment of whether or not each type of geologic hazard identified in ECDC 20.80.020 is present or not present and if development of the site will increase the risk of landslides or erosion on or off the site. Geotechnical reports shall be prepared, stamped and si _ng ed byqualified professional. These reports must: 1. Be appropriate for the scale and scope of the project; 2. Include a discussion of all geologically hazardous areas on the site and any geologically hazardous areas off site potentially pacted by the proposed project. If the affected area extends beyond the subject property, the geology hazard assessment may utilize existing data sources pertaining to that area; 3. Clearly state that the proposed project will not decrease slope stability or pose an unreasonable threat to persons or property either on or off site and provide a rationale as to those conclusions based on geologic conditions and interpretations specific to the project, 4. Provide adequate information to determine compliance with the requirements of ECDC Chapter 23.80; 5. Generally follow the guidelines set forth in the Washington State Department of Licensing Guidelines for Preparing Engineering Geology Reports in Washington (2006). In some cases, such as when it is determined that no landslide or erosion risk is present, a full report may not be necessary to determine compliance with the ECDC Chapter 23.80, and in those cases a letter or abbreviated report may be provided. Page 67 of 92 Packet Pg. 405 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 d 6. If a landslide or erosion hazard is identified, provide minimum setback recommendations for avoiding the landslide or erosion hazard, other recommendations for site development so that the frequency or magnitude of landsliding or erosion on or off the site is not altered, and recommendations consistent 0 with ECDC 23.80.060 and 23.80.070. geelegieal hazzar-ds ineluding the following site and proposal related infoFmation at a minin+HM.: .2 1. Site and Genstfuetion Plans. The fepot4 shall ifielttde a eepy of the site plans for- the pfoposal L V N T a. The type and extent of geelegie hazafd T �r areas, any other- efifieal areas, and buffefs 7 adjaeent , IM I ;tt,;,, inn feet .for- that are likely. ; the proposal; +W b. Proposed development, ineluding the location of existing and proposed stmetufes, fill, storage of mmer-ials, and drainage f4eilities, with dimensions indieating distanees to the > G V e. The topography, in two foot eon4otir-s, of the pr-ojeet area and all hazard areas addressed in the Fepot4; u� anA T N U T L d , E d 0 d t the histofy landslides, Soils rt+ 7 and a review of site regarding erosion, and prior- r dn'[CCe, � The assessment si1all ineG7L but not limited4o. N hydrolo foond in the N L geology, f soils, and vegeta4ion Q� 7 (� b. A detailed the field O overview of 7 published 7 i+ the tests, M past assessments of site;4om and site speeifie 7 7 of studies = IM n A A--4—+4-- —r+l,o —r+-ko n44o +— n —A —+I,-, �. i,�i, �.; i. o v.4n• L a L V > � :ri t` of eet€d adjaE€n€ties; and L 4. Mininitim Buffer- md Building Setbaek. The fepeft shall make a r-eeemmendatieft fef the minim'&M T fie distefbanee buffer- and minimum building sethaek 4om any geolegie ha,-afd based upoff the 0otechr,i`.ni analysis. t . i( W �.i D. Incorporation of Previous Study. Where a valid critical areas report has been prepared within the last five years for a specific site, and where the proposed land use activity and surrounding site conditions z Page 68 of 92 Q Packet Pg. 406 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 are unchanged, said report may be incorporated into the required critical areas report. The applicant shall submit a hazards assessment detailing any changed environmental conditions associated with the site. E. Mitigation of Long -Term Impacts. When hazard mitigation is required, the mitigation plan shall specifically address how the activity maintains or reduces the preexisting level of risk to the site and all other adjaeent-properties potentially pacted on a long-term basis (equal to or exceeding the projected lifespan of the activity or occupation). Proposed mitigation techniques shall be considered to provide long-term hazard reduction only if they do not require regular maintenance or other actions to maintain their function. Mitigation may also be required to avoid any increase in risk above the preexisting conditions following abandonment of the activity. F. Additional Technical Information Requirements for Projects within Erosion and Landslide Hazard Areas. In addition to the basic critical areas report requirements for geologically hazardous areas provided in subsections A through E of this section, technical information for any development within Dearth subsidence and landslide hazard areas shall meet the requirements of Chapter 19.10 ECDC and include the following information at a minimum: 1. Site Plan. The critical areas report shall include a copy of the site plan for the proposal showing: a. The height of slope, slope gradient, and cross-section of the project area; b. The location of springs, seeps, or other surface expressions of ground water on or within 200 feet of the project area or that have the potential to be affected by the proposal; and c. The location and description of surface water runoff features; 2. Hazards Analysis. The hazards analysis component of the critical areas report shall specifically include: a. A description of the extent and type of vegetative cover; b. A description of subsurface conditions based on data from site -specific explorations; c. Descriptions of surface and ground water conditions, public and private sewage disposal systems, fills and excavations, and all structural improvements; d. An estimate of slope stability and the effect construction and placement of structures will have on the slope over the estimated life of the structure; e. An estimate of the bluff retreat rate or an estimate of the percent risk of landslide area expansion that recognizes and reflects potential catastrophic events such as seismic activity or a 100-year storm event; f. Consideration of the run -out hazard of landslide debris and/or the impacts of landslide run -out on down -slope properties; g. A study of slope stability including an analysis of proposed cuts, fills, and other site grading; Page 69 of 92 Packet Pg. 407 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 h. Recommendations for building siting limitations; and i. An analysis of proposed surface and subsurface drainage, and the vulnerability of the site to erosion; 3. Geotechnical Engineering Report. The technical information for a project within a landslide hazard area shall include a geotechnical engineering report prepared by a licensed engineer that presents engineering recommendations for the following: a. Parameters for design of site improvements including appropriate foundations and retaining structures. These should include allowable load and resistance capacities for bearing and lateral loads, installation considerations, and estimates of settlement performance; b. Recommendations for drainage and subdrainage improvements; c. Earthwork recommendations including clearing and site preparation criteria, fill placement and compaction criteria, temporary and permanent slope inclinations and protection, and temporary excavation support, if necessary; and d. Mitigation of adverse site conditions including slope stabilization measures and seismically unstable soils, if appropriate; 4. Erosion and Sediment Control Plan. For any development proposal on a site containing an erosion hazard area, an erosion and sediment control plan shall be required. The erosion and sediment control plan shall be prepared in compliance with requirements set forth in Chapter 18.30 ECDC. G. Limited Report Requirements for Stable Erosion Hazard Areas. At the director's discretion, detailed critical areas report requirements may be waived for erosion hazard areas with suitable slope stability. Report requirements for stable erosion hazard areas may be met through construction documents that shall include at a minimum an erosion and sediment control plan prepared in compliance with requirements set forth in Chapter 18.30 ECDC. H. Seismic Hazard Areas. In addition to the basic critical areas report requirements for geologically hazardous areas provided in subsections A through E of this section, a critical areas report for a seismic hazard area shall also meet the following requirements: -21. The hazards analysis shall include a complete discussion of the potential impacts of seismic activity on the site (for example, forces generated and fault displacement). 32. A geotechnical engineering report shall evaluate the physical properties of the subsurface soils, especially the thickness of unconsolidated deposits and their liquefaction potential. If it is determined that the site is subject to liquefaction, mitigation measures appropriate to the scale of the development shall be recommended and implemented. [Ord. 3527 § 2, 2004]. Page 70 of 92 Packet Pg. 408 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Part IV. Development Standards — Geologically Hazardous Areas 23.80.060 Development standards — General requirements. -1 SHARE A. Alterations of geologically hazardous areas or associated buffers may only occur for activities that: 1. Will not increase the threat of the geological hazard to adjacent properties beyond predevelopment conditions; 2. Will not adversely impact other critical areas; 3. Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than predevelopment conditions; and 4. Are certified as safe as designed and under anticipated conditions by a qualified engineer or geologist, licensed in the state of Washington. B. Critical Facilities Prohibited. Critical facilities shall not be sited within geologically hazardous areas unless there is no other practical alternative. [Ord. 3527 § 2, 2004]. 23.80.070 Development standards — Specific hazards.A sHRRE ] A. Erosion and Landslide Hazard Areas. Activities on sites containing erosion or landslide hazards shall meet the requirements of ECDC 23.80.060, Development Standards — General Requirements, and the specific following requirements: 1. Minimum Building Setback. The minimum setback shall be the distance required to ensure the proposed structure will not be at risk from landslides for the life of the structure, considered to be one hundred and twenty (120) years and will not cause an increased risk of landslides taking place on or off the site. -Buffer- n o,,uifenwPA. A setback buffer- shall be established from all edges of landslide hazard areas. The size of the setbackbff fer shall be determined by the director consistent with recommendations provided in the geotechnical report to eliminate or minimize the risk of property damage, death, or injury resulting from landslides caused in whole or part by the development, based upon review of and concurrence with a critical areas report prepared by a qualified professional. 2. Buffer Requirements. A buffer may be established with specific requirements and limitations, including but not limited to, drainage, grading, irrigation, and vegetation. Buffer requirements shall be determined by the director consistent with recommendations provided in the geotechnical report to eliminate or minimize the risk of property damage, death, or injury resulting from landslides caused in whole or nart by activities within the buffer area. based upon review of and concurrence with a critical areas report prepared byqualified professional. • Page 71 of 92 Packet Pg. 409 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 -23. Alterations. Alterations of an erosion or landslide hazard area, minimum building setback and/or buffer may only occur for activities for which a hazards analysis is submitted and certifies that: a. The alteration developmenwill not increase surface water discharge or sedimentation to adjacent properties beyond predevelopment conditions; b. The alterationdeve opmeN* will not decrease slope stability on adjacent properties; and c. Such alterations will not adversely impact other critical areas; 3. Design Standards within erosion and landslide hazard areas. Development within an erosion or landslide hazard area and/or buffer shall be designed to meet the following basic requirements unless it can be demonstrated that an alternative design that deviates from one or more of these standards provides greater long-term slope stability while meeting all other provisions of this title. The requirement for long-term slope stability shall exclude designs that require regular and periodic maintenance to maintain their level of function. The basic development design standards are: a. The proposed development shall not decrease the factor of safety for landslide occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic conditions. If stability at the proposed development site is below these limits, the proposed development shall provide practicable approaches to reduce risk to human safety and improve the factor of safety for landsliding. In no case shall the existing factor of safety be reduced for the subject property or adjacent properties; b. Structures and improvements shall be clustered to avoid geologically hazardous areas and other critical areas; c. Structures and improvements shall minimize alterations to the natural contour of the slope, and foundations shall be tiered where possible to conform to existing topography; d. Structures and improvements shall be located to preserve the most critical portion of the site and its natural landforms and vegetation; e. The proposed development shall not result in greater risk or a need for increased buffers on neighboring properties; f. The use of retaining walls that allow the maintenance of existing natural slope area is preferred over graded artificial slopes; and g. Development shall be designed to minimize impervious lot coverage; Page 72 of 92 Packet Pg. 410 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 4. Vegetation Retention. Unless otherwise provided or as part of an approved alteration, removal of vegetation from an erosion or landslide hazard area or related buffer shall be prohibited; 5. Seasonal Restriction. Clearing shall be allowed only from May 1 st to October 1 st of each year; provided, that the director may extend or shorten the dry season on a case -by -case basis depending on actual weather conditions, except that timber harvest, not including brush clearing or stump removal, may be allowed pursuant to an approved forest practice permit issued by the city of Edmonds or the Washington State Department of Natural Resources; 6. Point Discharges. Point discharges from surface water facilities and roof drains onto or upstream from an erosion or landslide hazard area shall be prohibited except as follows: a. Conveyed via continuous storm pipe downslope to a point where there are no erosion hazard areas downstream from the discharge; b. Discharged at flow durations matching predeveloped conditions, with adequate energy dissipation, into existing channels that previously conveyed storm water runoff in the predeveloped state; or c. Dispersed discharge upslope of the steep slope onto a low -gradient, undisturbed buffer demonstrated to be adequate to infiltrate all surface and storm water runoff, and where it can be demonstrated that such discharge will not increase the saturation of the slope; and 7. Prohibited Development. On -site sewage disposal systems, including drain fields, shall be prohibited within erosion and landslide hazard areas and related buffers. B. Earth Subsidence and Landslide Hazard Area. In addition to the requirements of this chapter, development proposals for lands located within the earth subsidence and landslide hazard area as indicated on the critical areas inventory shall be subject to the provisions of Chapter 19.10 ECDC C. Seismic Hazard Areas. Activities proposed to be located in seismic hazard areas shall meet the standards of ECDC 23.80.060, Development Standards — General Requirements. [Ord. 3527 § 2, 2004]. Page 73 of 92 Packet Pg. 411 City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 6.8.a Figure 23.80.000 Geologically hazardous area (geo•hazard) may be located on or near subject parcel. CITY ❑F EDMONDS CRITICAL AREAS Critical Areas Compliance Requirements* Geologically Hazardous Areas Geo-Haxa Geo•Hazard assess- G eotechn icat Report Development REQUIRE ment concludes REQUIREMENT to encroaches within A en it fy classificat ion and jurisdictional delineate boundaries delineated location ofgeo-hazard. geo-hazard area and extent of geo-hazardarea located with in200it geo-haxardarea- andlorminimum of subject parcel. buildingsetback- Goo-Hazard assessment concludes nojurisdic- Development avo Ids GeotechnicalReport t io nal geo-hazard geo-h axard area and REQUI REMENT to identify located G200 ft fro m required minimum design modifications and subject parcel. buildingsetback/ mitigation sufficient to buffer. avoid additional potential risk associated with development in and around geo-hazard areas. N o addition a l compliance requirements. No ad ditiona l compliance required. No additional compliance requirements upon implementation of geotechnical recommendations -Report r2quirErneMi may be met through submission of a single critical area report or multiple reports in corn binawn. Page 74 of 92 Q Packet Pg. 412 City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 6.8.a Chapter 23.90 FISH AND WILDLIFE HABITAT CONSERVATION AREAS Sections: Part I. Designation, Rating and Mapping 23.90.000 Fish and wildlife habitat conservation areas compliance requirements flowchart. 23.90.010 Designation, rating and mapping —Fish and wildlife habitat conservation areas. Part IL Additional Report Requirements — Fish and Wildlife Habitat Conservation Areas 23.90.020 Special study and report requirements — Fish and wildlife habitat conservation areas Part III. Development Standards — Fish and Wildlife Habitat Conservation Areas 23.90.030 Development standards — General requirements. 23.90.040 Development standards — Specific habitats. Part I. Designation, Rating and Mapping 23.90.000 Fish and wildlife habitat conservation areas compliance requirements flowchart.. SHARE _ See Figure 23.90.000 at the end of this chapter. [Ord. 3527 § 2, 2004]. 23.90.010 Designation, rating and mapping — Fish and wildlife habitat conservation areas. SHARE A. Fish and wildlife habitat conservation areas in the city of Edmonds include: 1. Streams. Within the city of Edmonds streams shall include those areas where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. Streams shall be classified in accordance with the Washington Department of Natural Resources water typing system (WAC 222-16- 030) hereby adopted in its entirety by reference and summarized as follows: a. Type S: streams inventoried as "shorelines of the state" under Chapter 90.58 RCW and the rules promulgated pursuant to Chapter 90.58 RCW; b. Type F: streams which contain fish habitat; Page 75 of 92 Packet Pg. 413 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 c. Type Np: perennial nonfish habitat streams; and d. Type Ns: seasonal nonfish habitat streams. All streams included on the inventory that are known to exist within the city of Edmonds do not meet criteria for "shorelines of the state" but contain fish habitat and, thus, meet designation criteria for Type F waters pursuant to WAC 222-16-030. However, not all Edmonds streams support anadromous fish populations or have the potential for anadromous fish occurrence because of obstructions, blockages or access restrictions resulting from existing conditions. Therefore, in order to provide special consideration of and increased protection for anadromous fish in the application of development standards, Edmonds streams shall be further classified as follows: Anadromous fishbearing streams: streams existing in whole or in part within the city of Edmonds in which anadromous fish are known to occur. As of 2004, Edmonds fishbearing streams are known to include Willow Creek, Shellabarger Creek, Shell Creek, Hindley Creek, Perrinville Creek, and Lunds Creek; and Nonanadromous fishbearing streams: streams existing in whole or in part within the city of Edmonds which do not support fish populations and do not have the potential for fish occurrence because of barriers to fish passage or lack of suitable habitat. Streams with anadromous fish occurrence were identified in the Edmonds Stream Inventory and Assessment, a 2002 report of Pentec Environmental which is incorporated by this reference as if herein set forth. The city of Edmonds advocates and encourages the removal of barriers to anadromous fish passage consistent with the purposes and objectives of this title. The director may provide updated information on the occurrence of anadromous fish in Edmonds streams consistent with changes in existing environmental conditions. 2. Areas with VA+ieh-which State or Federally Designated Endangered, Threatened, and Sensitive Species Have a Primary Association, or offer important fish and wildlife habitat within the urban environment_ a. Federally designated endangered and threatened species are those fish and wildlife species identified by the U.S. Fish and Wildlife Service and the NOAA Fisheries that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted for current listing status. b. State -designated endangered, threatened, and sensitive species are those fish and wildlife species native to the state of Washington identified by the Washington Department of Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or declining and are likely to become endangered or threatened in a significant portion of their range within the state without cooperative management or removal of threats. State -designated endangered, threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered species) and WAC 232-12-011 (state threatened and sensitive species). The state Department of Fish and Wildlife maintains the most current listing and should be consulted for current listing status. Page 76 of 92 Packet Pg. 414 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 3. State Priority Habitats and Areas Associated with State Priority Species. Priority habitats and species are considered to be priorities for conservation and management. Priority species require protective measures for their perpetuation due to their population status, sensitivity to habitat alteration, and/or recreational, commercial, or tribal importance. Priority habitats are those habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. Priority habitats and species are identified by the state Department of Fish and Wildlife. 4. Habitats and Species of Local Importance. Habitats and species of local importance are those identified by the city of Edmonds, including but not limited to those habitats and species that, due to their population status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long term. 4-5. Commercial and Recreational Shellfish Areas. These areas include all public and private tidelands or bedlands suitable for shellfish harvest, including shellfish protection districts established pursuant to Chapter 90.72 RCW. 56. Kelp and eelgrass beds and herring and smelt spawning areas. 6-7. Naturally Occurring Ponds Under 20 Acres. Naturally occurring ponds are those ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include ponds deliberately designed and created from dry sites, such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds, and landscape amenities, unless such artificial ponds were intentionally created for mitigation. 79. Waters of the State. Waters of the state include lakes, rivers, ponds, streams, inland waters, underground waters, salt waters, and all other surface waters and watercourses within the jurisdiction of the state of Washington, as classified in WAC 222-16-031 (or WAC 222-16-030, depending on classification used). B. All areas within the city of Edmonds meeting one or more of these criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this title and shall be managed consistent with the best available science, such as the Washington Department of Fish and Wildlife's Management Recommendations for Priority Habitat and Species. Page 77 of 92 Packet Pg. 415 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 C. Mapping. The approximate location and extent of fish and wildlife habitat conservation areas are shown on the city of Edmonds critical areas inventory. Resources providing information on the location and extent of fish and wildlife habitat conservation areas incorporated into the inventory include: 1. Washington Department of Fish and Wildlife priority habitat and species maps; 2. Washington State Department of Natural Resources official water type reference maps, as amended; 3. Washington State Department of Natural Resources Puget Sound intertidal habitat inventory maps; 4. Washington State Department of Natural Resources shorezone inventory; 5. Washington State Department of Natural Resources Natural Heritage Program mapping data; 6. Washington State Department of Health annual inventory of shellfish harvest areas; 7. Anadromous and resident salmonid distribution maps contained in the habitat limiting factors reports published by the Washington Conservation Commission; and 8. Washington State Department of Natural Resources state natural area preserves and natural resource conservation area maps. The critical areas inventory and the resources cited above are to be used as a guide for the city of Edmonds development services department, project applicants, and/or property owners and should be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical areas designation. [Ord. 3527 § 2, 2004]. Part II. Additional Report Requirements — Fish and Wildlife Habitat Conservation Areas 23.90.020 Special study and report requirements — Fish and wildlife habitat conservation areas. -3SHFRE In addition to the general critical areas report requirements of ECDC 23.40.090, critical area reports for fish and wildlife habitat conservation areas must meet the requirements of this section. Critical areas reports for two or more types of critical areas must meet the report requirements for each relevant type of critical area. A. Preparation by a Qualified Professional. A critical areas report for a fish and wildlife habitat conservation area shall be prepared by a qualified professional who is a biologist with experience preparing reports for the relevant type of habitat. Pursuant to ECDC 23.40.090(A), applicants may choose one of the qualified technical consultants on the city's approved list in preparing critical areas reports for fish and wildlife habitat conservation areas, or may utilize an alternative consultant. Critical areas studies and reports developed by an alternative consultant shall be subject to independent review pursuant to ECDC 23.40.090(B). Page 78 of 92 Packet Pg. 416 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 B. Areas Addressed in Critical Areas Report. The following areas shall be addressed in a critical areas report for fish and wildlife habitat conservation areas: 1. The project area of the proposed activity; 2. All fish and wildlife habitat conservation areas and recommended buffers within 200 feet of the project area; 3. All shoreline areas, floodplains, other critical areas, and related buffers within 200 feet of the project area; and- 4. A discussion of the efforts to avoid and minimize potential effects to these resources and the implementation of mitigation/enhancement measures as required. C. Habitat Assessment. A habitat assessment is an investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. A critical areas report for a fish and wildlife habitat conservation area shall contain an assessment of habitats, including the following site- and proposal -related information at a minimum: 1. Detailed description of vegetation on and adjacent to the project area and its associated buffer; 2. Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; 3. A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area. D. Additional Technical Information Requirements for Streams. Consistent with specific development standards for Edmonds streams (ECDC 23.90.040(D)), critical areas report requirements for streams may be met, at the discretion of the director, through submission of one or more specific report types. If stream buffer enhancement is proposed to reduce a standard stream buffer width or as part of project mitigation required by the director, a stream buffer enhancement plan may be submitted to fulfill the requirements of this section. If no project impacts are anticipated and standard stream buffer widths are retained, a stream survey report, general critical areas report or other reports alone or in combination may be submitted as consistent with the specific requirements of this section. In addition to the basic critical areas report requirements for fish and wildlife habitat conservation areas provided in subsections (A) through (C) of this section, technical information on streams shall include the following information at a minimum: 1. A written assessment and accompanying maps of the stream and associated hydrologic features within 200 feet of the project area, including the following information at a minimum: a. Stream survey showing the ordinary high water mark(s); Page 79 of 92 Packet Pg. 417 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 b. Standard stream buffer boundary; c. Boundary for proposed reduced stream buffers; d. Vegetative, faunal, and hydrologic characteristics; e. Soil and substrate conditions; and f. Topographic elevations, at two -foot contours; 2. A detailed description and functional assessment of the stream buffer under existing conditions pertaining to the protection of stream functions, fish habitat and, in particular, potential anadromous fisheries; 3. A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on -site habitat and stream functions; 4. Proposed buffer enhancement, if needed, including a written assessment and accompanying maps and planting plans for buffer areas to be enhanced, including the following information at a minimum: a. A description of existing buffer conditions; b. A description of proposed buffer conditions and how proposed conditions will increase buffer functioning in terms of stream and fish habitat protection; c. Performance standards for measuring enhancement success through a monitoring period of at least three years; and d. Provisions for monitoring and submission of monitoring reports documenting buffer conditions as compared to performance standards for enhancement success; 5. A discussion of ongoing management practices that will protect stream functions and habitat value through maintenance of vegetation density within the stream buffer. [Ord. 3527 § 2, 2004]. Part III. Development Standards — Fish and Wildlife Habitat Conservation Areas 23.90.030 Development standards — General requirements.0 SHARE A. Alterations. A fish and wildlife habitat conservation area may be altered only if the proposed alteration of the habitat or the mitigation proposed does not degrade the quantitative and qualitative functions and values of the habitat. There are no specific development standards for upland habitats of local importance unless these areas include another critical area (streams, heron rookeries, steep slopes, etc.). City staff will review the critical areas report (ECDC 23.90.020) and work with the applicant to minimize effects or improve conditions to upland habitat. Page 80 of 92 Packet Pg. 418 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 B. Approvals of Activities. The director shall condition approvals of activities allowed within or adjacent to a habitat conservation area or its buffers as necessary to minimize or mitigate any potential adverse impacts. Conditions shall be based on the best available science and may include, but are not limited to, the following: 1. Establishment of buffer zones; 2. Preservation of critically important vegetation and/or habitat features such as snags and downed wood; 3. Limitation of access to the habitat area, including fencing to deter unauthorized access; 4. Seasonal restriction of construction activities; 5. Establishment of a duration and timetable for periodic review of mitigation activities; and 6. Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation. C. Mitigation and Equivalent or Greater Biological Functions. Mitigation of alterations to fish and wildlife habitat conservation areas shall achieve equivalent or greater biologic and hydrologic functions and shall include mitigation for adverse impacts upstream or downstream of the development proposal site. Mitigation shall address each function affected by the alteration to achieve functional equivalency or improvement on a per function basis. Mitigation shall be located on -site except when demonstrated that a higher level of ecological functioning would result from an off -site location. Mitigation shall be detailed in a fish and wildlife habitat conservation area mitigation plan, which may include the following as necessary: 1. A native vegetation planting plan; 2. Plans for retention, enhancement or restoration of specific habitat features; 3. Plans for control of nonnative invasive plant or wildlife species; and 4. Stipulations for use of innovative, sustainable building practices. D. Approvals and the Best Available Science. Any approval of alterations or impacts to a fish and wildlife habitat conservation area shall be supported by the best available science. E. Buffers. 1. Establishment of Buffers. The director shall require the establishment of temporary or permanent buffer areas for permitted activities adjacent to fish and wildlife habitat conservation areas which may result in fish or wildlife disturbance (e.g., construction, grading, etc.) when needed to protect fish and wildlife habitat conservation areas. Establishment of buffers shall follow recommendations set forth by a qualified biologist in the project critical areas report. Required buffer widths shall reflect the sensitivity Page 81 of 92 Packet Pg. 419 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 of the habitat and the type and intensity of human activity proposed to be conducted nearby and shall be consistent with the management recommendations issued by the Washington Department of Fish and Wildlife. 2. Seasonal and Daily Timing Restrictions. When a species is more susceptible to adverse impacts during specific periods of the year or day, seasonal restrictions on permitted activities within or adjacent to fish and wildlife habitat conservation areas may be required at the discretion of the director pursuant to recommendations set forth in a critical areas report. F. Signs and Fencing of Fish and Wildlife Habitat Conservation Areas. 1. Temporary Markers. The outer perimeter of the fish and wildlife habitat conservation area or buffer and the limits of those areas to be disturbed pursuant to an approved permit or authorization shall be marked in the field as required by the director in such a way as to ensure that no unauthorized intrusion will occur. This temporary marking shall be maintained throughout construction and shall not be removed until permanent signs, if required, are in place. 2. Permanent Signs. As a condition of any permit or authorization issued pursuant to this chapter, the director may require the applicant to install permanent signs along the boundary of a fish and wildlife habitat conservation area or buffer. a. Permanent signs shall be made of a metal face and attached to a metal post or another material of equal durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be maintained by the property owner in perpetuity. The sign shall be worded as follows or with alternative language approved by the director: Fish and Wildlife Habitat Conservation Area Do Not Disturb Contact the City of Edmonds Regarding Uses and Restriction b. The provisions of subsection (F)(2)(a) of this section may be modified by the director as necessary to assure protection of sensitive features or wildlife. 3. Fencing. a. The director shall determine if fencing is necessary to protect the functions and values of the critical area. If found to be necessary, the director shall condition any permit or authorization issued pursuant to this chapter to require the applicant to install a permanent fence at the edge of the fish and wildlife habitat conservation area or buffer, when fencing will prevent future impacts to the fish and wildlife habitat conservation area. Page 82 of 92 Packet Pg. 420 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 b. The applicant shall be required to install a permanent fence around the fish and wildlife habitat conservation area or buffer when domestic grazing animals are present or may be introduced on -site. c. Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration, including fish runs, and shall be constructed in a manner that minimizes habitat impacts. [Ord. 3527 § 2, 2004]. 23.90.040 Development standards — Specific habitats.0 SHARE A. Endangered, Threatened, and Sensitive Species. 1. No development shall be allowed within a fish and wildlife habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by the Washington Department of Fish and Wildlife or applicable state or federal agency. 2. Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such area shall be protected through the application of protection measures in accordance with a critical areas report prepared by a qualified professional and approved by the director. Approval for alteration of land adjacent to the fish and wildlife habitat conservation area or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate federal or state agencies. 3. Bald eagle habitat is subject to the Federal Bald and Golden Eagle Protection Act. Washington State bald eagle protection rules (WAC 232-12-292) shall not be required as long as bald eagles are not listed as a State Endangered or Threatened species. Bald eagle habitat shall be pr-oteete " nt t within 800 feet of a verified nest teffitery or- eemmunal r-eest, a habitat management plan shall be developed by a Valified-ffefessional. The dkeeter- shall verify the leeation of eagle management afeas for- eaeb proposed aetivity. Appr-oval of the aetivity shall not 3 approval of the habitat management plan by the Washington Department of Fist, and Wfldli;f. B. Anadromous Fish. 1. All activities, uses, and alterations proposed to be located in water bodies used by anadromous fish or in areas that affect such water bodies shall give special consideration to the preservation and enhancement of anadromous fish habitat, including, but not limited to, adhering to the following standards: a. Activities shall be timed to occur only during the allowable work window as designated by the Washington Department of Fish and Wildlife for the applicable species; b. An alternative alignment or location for the activity is not feasible; Page 83 of 92 Packet Pg. 421 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 c. The activity is designed so that it will not degrade the functions or values of the fish habitat or other critical areas; d. Shoreline erosion control measures shall be designed to use bioengineering methods or soft armoring techniques, according to an approved critical areas report; and e. Any impacts to the functions or values of the fish and wildlife habitat conservation area are mitigated in accordance with an approved critical areas report. 2. Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the upstream migration of adult fish and shall prevent fry and juveniles migrating downstream from being trapped or harmed. 3. Fills, when authorized, shall not adversely impact anadromous fish or their habitat or shall mitigate any unavoidable impacts and shall only be allowed for a water -dependent use. C. Retention of Vegetation on Subdividable, Undeveloped Parcels. As a provision of this title, the director shall require retention of a minimum of 30 percent of native vegetation on undeveloped (or redeveloped), subdividable lands zoned as RS-12 or RS-20 per Chapter 16.10 ECDC. This standard for development shall apply to all undeveloped (or redeveloped), subdividable lands zoned RS-12 or RS-20 regardless of the petei4ial for- designatien as a fish and wildlife habitat eensefvafien area or- other- er-itieal. areathat contain a landslide hazard area as defined by ECDC 23.80.020.B; a stream or stream buffer; or a wetland or wetland buffer, except for as provided in ECDC 23.90.040.C.4._This provision for native vegetation retention will provide increased protection of fish and wildlife habitat throughout the Edmonds jurisdiction, and shall be applied consistent with the following criteria: 1. Achieving the minimum 30 percent retention requirement for native vegetation shall be determined by assessing the existing site area that supports native vegetation. For purposes of this provision, areas that support native vegetation shall include areas dominated by plant species which are indigenous to the Puget Sound region, which reasonably could have been expected to naturally occur on the site, and within which native trees over 10 inches in diameter at breast height (DBH) make up more than 70 percent of the canopy cover. 2. The goal of 30 percent native vegetation can be met through maintaining existing native vegetation, establishing native vegetation, or a combination of both. 3. A vegetation management plan, subject to the approval of the director, is required for approval of the proposed development. 4. For undeveloped (or redeveloped), subdividable lands zoned as RS-12 or RS-20 that currently do not support any native vegetation areas meeting minimum requirements in ECDC 23.90.040.C.1, the director may waive the requirements of this provision. D. Streams. No alteration to a stream or stream buffer shall be permitted unless consistent with the provisions of this title and the specific standards for development outlined below. Page 84 of 92 Packet Pg. 422 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 1. Standard Stream Buffer Widths. Buffers for streams shall be measured on each side of the stream, from the ordinary high water mark. The following shall be the standard buffer widths for streams based upon the Washington State Department of Natural Resources water typing system and further classification based upon fish presence (fishbearing vs. nonfishbearing) for the Type F streams existing in the city of Edmonds: a. Type S: 150 feet; b. Type F anadromous fishbearing stream adjacent to reaches with anadromous fish access: 100 feet; c. Type F anadromous fishbearing stream adjacent to reaches without anadromous fish access: 75 feet; d. Type F nonanadromous fishbearing stream: 75 feet; e. Type Np: 50 feet; f. Type Ns: 2-540 feet. General areas and stream reaches with access for anadromous fish are indicated on the city of Edmonds critical areas inventory. The potential for anadromous fish access shall be confirmed in the field by a qualified biologist as part of critical areas review and determination of standard stream buffer widths. 2. Reduced Stream Buffer Widths. Standard stream buffer widths may be reduced by no more than -58 twenty. f�percent 25%) of the standard stream buffer width concomitant to development and implementation of a stream buffer enhancement plan approved by the director. Reduced stream buffer widths shall only be approved by the director if a stream buffer enhancement plan conclusively demonstrates that enhancement of the reduced buffer area will not degrade the quantitative and qualitative functions and values of the buffer area in terms of fish and stream protection and the provision of wildlife habitat. Stream buffer enhancement plans must meet the specific requirements of ECDC 23.40.110, 23.40.120 and 23.40.130 and: a. , will pr-ovide equivalent to or- gr-ea than a star ar- b„ff r w itho„* o„h,,,,,.o.,..o„*The buffer enhancement plan proposed as part of buffer reduction provides evidence that functions and values in terms of stream and wildlife protections will bea,,,,ivale„t t o eater than a standard buff- ,.without enha,,,o, en : i. Increased or retained through plan implementation for those streams where existing buffer vegetation _ is generally intact; or ii. Increased through plan implantation for those streams where existing buffer vegetation is inadequate to protect the functions and values of the stream; b. The plan documents existing native plant densities and provides for increases in buffer native plant densities to no less than three feet on center for shrubs and eight feet on center for trees; Page 85 of 92 Packet Pg. 423 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 c. The plan requires monitoring and maintenance to ensure success for a minimum of tie -five 5 years in accordance with ECDC 23.40.130(D) and (E); and d. The plan specifically documents methodology and provides performance standards for assessing increases in stream buffer functioning as related to: i. Water quality protection; ii. Provision of wildlife habitat; iii. Protection of anadromous fisheries; iv. Enhancement of fish habitat; and v. Restricting intrusion and disturbance. 3. Stream Buffer Width Averaging with Enhancement. The director may allow modification of a standards stream buffer width in accordance with an approved critical areas report and the best available science on a case -by -case basis by averaging buffer widths. Any allowance for averaging buffer widths shall only be granted concomitant to the development and implementation of a buffer enhancement plan for areas of buffer degradation. Only those portions of a stream buffer existing within the project area or subject parcel shall be considered in the total buffer area for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional demonstrates that: a. The buffer enhancement plan proposed as part of buffer averaging provides evidence that functions and values in terms of stream and wildlife protections will be: i. Increased or retained through plan implementation for those streams where existing buffer vegetation is generally intact; or ii. Increased through plan implantation for those streams where existing buffer vegetation is inadequate to protect the functions and values of the stream; b. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for a stream extending off -site, after averaging is no less than that which would be contained within the standard buffer; bc. The buffer width at any single location is not reduced to less than -5875 percent of the reduced or standard width; and 4. Additions to Structures Existing within Stream Buffers. Page 86 of 92 Packet Pg. 424 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 a. Additions to legally constructed structures existing within stream buffers that increase the footprint of development or impervious surfacing shall be permitted consistent with the development standards of this chapter (ECDC 23.90.030 and this section) -,provided that a buffer enhancement plan is provided to mitigate for impacts consistent with this Title, and provided that all impacts from temporary disturbances within the critical area buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. Provisions for standard stream buffers, buffer- r-eduetiensdffough enhaneement, and stream buffer averaging with enhancement, and buffer reductions through enhancement require applicants to locate such additions in accordance with the following sequencing: ai. Outside of the standard stream buffer; bii. Outside of a stream buffer averaged (with enhancement) per subsection (D)(�3) of this section; eiii. Outside of a stream buffer reduced (with enhancement) *h,.,,,,,,h, b r ,..o, , ,;,, . per subsection (D)(�2) of this section; or div. Outside of the inner twenty five percent (25to) pereen4 of the standard stream buffer width thr-eti the ttse of both buffer reduction and bt pro avera gwith no more than three hundred (300) square feet of structure addition footprint within the inner fifty percent (50%) of the standard stream buffer width, provided that enhancement is provided at a minimum three -to -one (3:1, ratio (enhancement -to -impact). v. Outside of the inner 25 oercent of the standard stream buffer width with no more than five hundred (500)square feet of new footprint within the inner fifty percent (50%) of the standard stream buffer width, provided that enhancement is provided at a minimum five -to -one (5:1,) ratio (enhancement -to - impact), and that stormwater low impact development (LID)techniques or other measures that enhance existing buffer condition are included as part of the stream buffer enhancement plan. b. Where meeting stream buffer enhancement reauirements reauired by H.1. of this section would result in enhancement that is separated from the critical area due to uncommon property ownership, alternative enhancement approaches may be approved by the director. Alternative approaches could include a vegetated rain garden that receives storm runoff, replacement of existing impervious surfaces with pervious materials, or other approaches that provide ecological benefits to the adjacent critical area. c_Additions to legally constructed structures existing within stream buffers that cannot be accommodated in accordance with the above sequencing (i.e., additions proposed within the inner 25 percent of a standard buffer width) may be permitted at the director's discretion as a variance subject to review by the city hearing examiner and the provisions of ECDC 23.40.210. 5. Development Proposals within the Footprint of Existing Development. New development shall be allowed within the footprint of existing development occurring within a stream buffer, provided that the following conditions are met: a. The footprint of existing development was legally established, and is consistent with the definition provided in ECDC 23.40.320; Page 87 of 92 Packet Pg. 425 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 b. The proposed development within the footprint of existing development is sited as far away from the stream edge as is feasible; c. As part of the development proposal, opportunities to reduce the footprint of existing development evelopment are implemented where such reduction would increase the buffer width adjacent to the stream and not represent an undue burden given the scale of the proposed development. d. The proposed development includes enhancement to the adjacent remaining stream buffer in order to improve functions degraded ded by previous development; e. Enhancement is provided as buffer enhancement for an equivalent area of the footprint of the newly proposed development within in the footprint of existing development evelopment occurring in stream buffer, or through an alternative approach approved by the director that restores degraded functions of the wetland and remaining buffer; and f. Impacts from temporary disturbances within the stream buffer shall be addressed through use of best management plans and buffer enhancement plantings during and following construction of the allowed alteration. -56. Stream Crossings. Stream crossings may be allowed only if all reasonable construction techniques and best management practices are used to avoid disturbance to the stream bed or bank. Upon completion of construction, the area affected shall be restored to an appropriate grade, replanted with native species and/or otherwise protected according to a stream mitigation and buffer enhancement plan approved by the director, and maintained and monitored per the requirements of ECDC 23.40.110, 23.40.120 and 23.40.130 and providing for buffer enhancement in accordance with the requirements of subsection (D)(2) of this section. In addition, the applicant must demonstrate that best management practices will be used during construction to provide the following: a. Fisheries protection, including no interference with fish migration or spawning; b. All crossings shall be constructed during summer low flow periods and shall be timed to avoid stream disturbance during periods when stream use is critical to salmonids; c. Crossings shall not occur over salmonid spawning areas unless no other possible crossing site exists; d. Crossings and culverted portions of the stream shall be minimized to the extent feasible and serve multiple purposes and multiple lots whenever possible; e. Roads may cross streams only on previously approved rights -of -way, provided no practical alternative exists and adequate provision is made to protect and/or enhance the stream through appropriate mitigation. Roads shall be designed and located to conform to topography, and maintained to prevent erosion and restriction of the natural movement of ground water as it affects the stream; f. Roads and utilities shall be designed in conjunction to minimize the area of disturbance to the stream; and Page 88 of 92 Packet Pg. 426 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 g. Roads shall be constructed so as to minimize adverse impacts on the hydrologic quality of the stream or associated habitat to a degree acceptable to the city2 h. An alternative alignment or location with less impact is not feasible; and i. The crossing will be designed as near as perpendicular with the water body as possible.. 67. Trails. After reviewing the proposed development and technical reports, the director may determine that a pedestrian -only trail may be allowed in a stream buffer; provided, nonimpervioussttr€aee materials are used, all appropriate provision is made to protect water quality, and all applicable permit requirements have been met. No motorized vehicles shall be allowed within a stream or its buffer except as required for necessary maintenance or security. Vegetative edges, structural barriers, signs or other measures must be provided wherever necessary to protect streams by limiting vehicular access to designated public use or interpretive areas. -8. Storm Water Management Facilities. Storm water management facilities, limited to outfalls, pipes and conveyance systems, storm water dispersion outfalls and bioswales, may be allowed within stream buffers; provided, that: a. No other location is feasible; b. Pipes and conveyance facilities will be in the outer twenty five percent (25%) of the buffer; c. Stormwater dispersion outfalls, bioswales, and bioretention facilities may be allowed anywhere within stream buffers: d. Such facilities are designed consistent with requirements of ECDC Chapter 18.30; and be. The location and function of such facilities will not degrade the functions or values of the stream or stream buffer. -99. City Discretion in Protection, Enhancement and Preservation of Streams. The city of Edmonds is unique within the state of Washington as a built -out community with streams that have been incorporated within, and often located immediately adjacent to, residential development. This title allows the director full discretion to condition proposals for development on parcels containing, adjacent to, or potentially impacting streams to enhance conditions consistent with ECDC 23.40.050 and the purposes and objectives of this title. Conditions on development shall be required to enhance streams and stream buffers as fish and wildlife habitat conservation areas to provide increased protection of anadromous fisheries and potential fish habitat in accordance with best available science and the recommendations of an approved critical areas report and may include: a. Removal of stream bank armoring; b. In -stream habitat modification; c. Native planting; Page 89 of 92 Packet Pg. 427 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 d. Relocation of stream channel portions to create contiguous riparian corridors or wildlife habitat; e. Planting of stream bank native vegetation to increase stream shading; f. Removal and control of nonnative, invasive weed species; g. Requiring additional building setbacks or modified buffers; and h. Limiting or reducing the types or densities of particular uses. The right of discretion in provisioning development in regard to streams is maintained in order to provide for the creation of enhanced conditions over those currently existing around streams in the city of Edmonds. In all instances where an applicant cannot demonstrate that standard stream buffer widths as provided in subsection (D)(1) of this section can be accommodated by project development, the applicant shall be required to submit a stream buffer enhancement plan or a stream mitigation and buffer enhancement plan as part of a critical areas report indicating that post -project site conditions will provide equivalent or greater protection of stream functions and fish habitat over a standard stream buffer and existing site conditions. [Ord. 3527 § 2, 2004]. Figure 23.90.000 CITY OF EDMONDS CRITICAL AREAS Critical Areas Compliance Requirements` Fish and Wildlife Habitat Conservation Areas Fish and 4YddUile [recital Areu R�Irnn Ccal Arta Report 11, l I! •. Crrea irinl AReporl CriRk'A Arrd mieiprinn Rl— HahimnCoreervatioa nt;RE4U]RL•51LN71u idtn,ifirs jurisdiceional IS4's+ MgUIREMEN7 L<i Rrporlo Chides _ REQUIREDln Arta 4 WkCA)11My sdenriep prc enrrrn dtta wi1hm210 fi of I—i& L. -r.--P' dsar idowralo ,sL-IL r uc6-1. be bmied on or near juriwlicLinna] E1191[h. vhja, panel. of h.11 ital srd kt.ALfy FWJ�C:A will liPal}• retain nrnk� 5c Jm tablea puoti wiehin 11ir nF rnlamliil nnpw, .suliing Xswr from proian In�cNun: and valucv sul+icnpurc�l., Impsp.geridevel. dnrdopnimr. nlwildlifvhabLi . Critiwl Aeon Report fupas[mndttd<s carlcltsdra Ilo that hnbiret means N„ xtsiilinntl juridictiorml errns fe and colors will ll not ht rnnsplinncr ] Kotud within X0 R 4 drrxs-d through proiocv Tequirrnunts. suhirtt parcel. 4mlopmmr. N uidiQ—t No odditinnel snmpli,r, campluna r loin -U. rcgLdrcmrnlR 9Lxaam�ufkrEdmkiatal Sr,eeos Survey REQUIRED i'Han REQUipEII w In d—lj su�uni a"d 3Toi"r will rcznll dtmomtrow rtmlon of JYotrxr... !L, sitt or in s1wn)or bllfkr anNln and bufkr fnik]"i Impactr•10 strcnrn wsl.TiMin uad buffer l+ulfer,<, lti "P.led L, � impects s.ilh'tandem � aad t'al,lcsxirh reduced � huf er moicW ihmugh wn m-d-d buffer L—Jes l inlpL3- uladou r it 11 b4i—idllm bttfl.ct widrhiw 5u%). bufcrwduction. wedih, mmH6nli1u0c7 width. 1 Nk-dda... I Noaddilional %trcarnbufferrvreging Further burr- Noaddielunrl mimpbar— wntphorim — allawcd with odirianal — red-ti— needed Ire wmp1610c. mquirc lc TcquiMnicnas. buffer nhnnmiml. mid huller inslrcicm relrLUMHenes. 'Report requirements may be met through submission of a single rri6cal area report or multiple reports in combination. Page 90 of 92 Packet Pg. 428 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 Proposed Frequently Flooded Areas Code Amendment Building Code Amendment Amendment to Building Code requiring structures to be constructed two feet above base flood elevation: 19.00.025 International Building Code section amendments O. IBC section 1612.4.1. Lowest Flood Elevation, is added and reads: For buildings in all structure categories located in the Coastal High Hazard Areas and Coastal A Flood Zones, the elevation of the lowest floor shall be a minimum of two feet above the base flood elevation, as determined from the applicable FEMA flood hazard man. Development Code Amendment to Address Height Issues — Definition of Height 21.40.030 Height. A. Height means the average vertical distance from the average level of the undisturbed soil of the site covered by a structure to the highest point of the structure. (See subsection (D) of this section for exceptions to this rule.) B. "Average level" shall be determined by averaging elevations of the downward projections of the four corners of the smallest rectangle which will enclose all of the building, excluding a maximum of 30 inches of eaves. If a corner falls off the site, its elevation shall be the average elevation of the two points projected downward where the two sides of the rectangle cross the property line. (See subsection (D) of this section for exceptions to this rule.) C. Accessory buildings that are attached to the main building by a breezeway, hallway, or other similar connection so that the accessory building is separated by 10 feet or less from the main building shall be considered to be part of the main building for purposes of determining the average level. For the purposes of this section, in order for an accessory building to be considered to be attached to and a part of the main building, the connecting structure must have a roof and be constructed of similar materials to both the main building and the accessory building so that it appears to be a unified and consistently designed building. D. Height Exceptions. L For all properties located within the Coastal High Hazard Areas and Coastal A Flood Zones, height is measured from the elevation that is two feet above base flood elevation as identified from the applicable FEMA flood hazard map.; 2. Church steeples; 3. Elevator penthouses, not to exceed 72 square feet in horizontal section, or three feet in height, for that portion above the height limit; 4. Chimneys, not to exceed nine square feet in horizontal section or more than three feet in height, for that portion above the height limit. In RM districts, chimneys shall be clustered. No multiple -flue chimney shall exceed 39 square feet in horizontal section. The first chimney shall not exceed nine square feet in horizontal section, and other chimneys shall not exceed six square feet in horizontal section; 5. Vent pipes not to exceed 18 inches in height above the height limit; 6. Standpipes not to exceed 30 inches in height above the height limit; Page 91 of 92 Packet Pg. 429 6.8.a City of Edmonds — City Code and Community Development Code Environmentally Critical Areas — Proposed Code Updates, October 19, 2015 7. Solar energy installations not to exceed 36 inches in height above the height limit. Such an installation may be approved as a Type II staff decision if it is designed and located in such a way as to provide reasonable solar access while limiting visual impacts on surrounding properties; and 8. Replacement of existing rooftop HVAC equipment which exceeds the existing height limit, so long as the replacement equipment does not exceed the height of the existing equipment by more than 12 inches. The replacement equipment must have earned the Energy Star label. [Ord. 3866 § 1, 2011; Ord. 3728 § 2, 2009; Ord. 3654 § 1, 2007; Ord. 3569 § 2, 2005]. Page 92 of 92 Packet Pg. 430 6.8.b 23.40._ Contingent review procedure for certain types of development. A. Scope. The procedures set forth in this section shall apply to the following types of development activity within a critical area or critical area buffer when the proposed development would involve grading of an area of at least 600 square feet within what would be the standard buffer for that critical area: 1. Development within physically separated and functionally isolated stream or wetland buffers pursuant to ECDC 23.50.040.G.5 and ECDC 23.90.040.D.4 2. Critical areas restoration projects pursuant to ECDC 23.40.215 3. Wetland buffer width reductions through buffer enhancement pursuant to ECDC 23.50.040.G.4. 4. Stream buffer width reductions through buffer enhancement pursuant to ECDC 23.90.040.D.2. B. Notice of application. Development activity within the scope of subsection A, above, shall be processed as a Type II application, unless the process is altered according to subsection D, below. In addition to the notice provided pursuant to Title 20, notice of application for all such development shall also be sent to the city council by email. C. Contingent review process. Development activity within the scope of subsection A, above, shall be escalated to a Type III -A process when: 1. The city receives a request from any person for a public hearing within 14 days of the date of the notice of application; and 2. The public hearing request is accompanied by a hearing fee in the amount of 50% of the difference between the Type II and Type III -A application fee. D. Effect of contingent review. When the contingent review process is triggered pursuant to subsection D, above, the project applicant shall pay the other 50% of the difference between the Type II and Type III -A application fee, on top of the previously paid Type II application fee. The applicant shall pay this fee within 30 days of notice from the city that the fee is due. If the applicant fails to pay the additional fee within the required 30-day period, the application for the project shall be deemed withdrawn. The city shall not schedule the public hearing until the additional fee has been paid. For these public hearings, the cost of the hearing examiner shall be borne by the city. E. Notice of decision. Whether development activity within the scope of subsection A, above, is processed as a Type II application or escalated to a Type III -A application, notice of decision shall be sent by email to the city council in addition to any other notice that may be required by Title 20. F. Appeal of decision. It is expressly contemplated in the creation of this process that the city council may appeal hearing examiner's decisions arising from this process to the superior court under LUPA. Page 1 of 3 Packet Pg. 431 6.8.b 20.01.003 Permit type and decision framework. A. Permit Types. TYPE I TYPE II -A TYPE II-B TYPE III -A TYPE III-B TYPE IV -A TYPE IV-B TYPE V Zoning Accessory Contingent Outdoor dining Essential public Final formal Site specific Development Critical compliance letter dwelling unit facilities plats rezone agreements Area Review Lot line Formal Technological Design review Final planned Zoning text adjustment interpretation of impracticality (where public residential amendment; the text of the waiver for hearing by development area -wide zoning ECDC by the amateur radio architectural map amendments director antennas design board is required) Critical area SEPA Critical Area Shoreline Comprehensive determinations determinations Variance substantial plan amendments development, shoreline conditional use, shoreline variance Shoreline Preliminary short Contingent Conditional use Annexations Exemptions plat Critical Area permits (where Review if public public hearing by hearing requested hearing examiner is required) Minor Land Variances Development amendments to clearing/grading regulations planned residential development Minor Revisions to Home preliminary plat shoreline occupation amendment management permit (where permits public hearing by hearing examiner is required) Staff design Administrative Preliminary review, including variances formal plat signs Final short plat Land use permit Preliminary extension requests planned residential development Sales Guest house office/model (ECDC 17.70.005) Innocent purchaser determination B. Decision Table. Recommendation PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I — IV) LEGISLATIVE TYPE I TYPE II -A TYPE II-B TYPE III -A TYPE III-B TYPE IV -A TYPE IV-B TYPE V N/A N/A N/A N/A N/A N/A Planning board Planning board Page 2 of 3 Packet Pg. 432 6.8.b PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I — IV) LEGISLATIVE TYPE I TYPE II -A TYPE II-B TYPE III -A TYPE III-B TYPE IV -A TYPE IV-B TYPE V by: Final decision by: Director Director Director Hearing Hearing City council City council City council examiner examiner/ADB Notice of No Yes Yes Yes Yes Yes Yes No application: Open record No Only if 1) If Yes, before Yes, before No Yes, before Yes, before public hearing or appealed, Director hearing hearing planning board planning board open record open record decision is examiner to examiner or which makes which makes appeal of a final hearing annealed, render final board to render recommendation recommendation decision: before open record decision final decision to council to council or hearing hearing council could examiner before hold its own hearing hearing examiner 2L converted to Type III -A process Closed record No No No No Yes, before the No Yes, before the review: council council Judicial appeal: Yes Yes Yc Yes Yes Yes Yes Yes 20.03.002 Notice of application. C. Contents. The notice of application shall include the following information in a format determined by the director: 1. The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application; 2. A description of the proposed project and a list of the development project permits requested in the application and, if applicable, a list of any studies requested under Chapter 36.7013 RCW; 3. A description of other required permits not included in the application, to the extent known by the city at that time; 4. A description of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 5. A statement setting forth: (a) the time for the public comment period, which shall be not less than 15 days following the date of notice of application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the application; and (c) any appeal rights; 6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued;. For Type II-B processes, the notice shall provide information regarding the process for requesting a public hearing in accordance with the applicable Type II-B permit application. 7. Any other information determined appropriate by the director such as the director's threshold determination, if complete at the time of issuance of the notice of application. Page 3 of 3 Packet Pg. 433 W E [1 , -,q M Wl �F ZIA + FEMA Region X VE AE AO/AH A Shaded SNOHOMISH COUNTY, WASHINGTON 32 Mapping Zone Zone Zone Zone Zone X Page 35 (35 of 37) 3 Effective Coastal February 2014 ®®�� /�- 3 36 New Coastal R STARK Limit of Coastal Study k I:N R.i.— . Zone Break - Coastal Study 0 500 1,000 2,Fe000 et Packet Pg. 437 6.8.g COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, AUTHORIZE THE MAYOR TO SIGN THE CONTRACT DOCUMENTS WITH DES FOR $3,700,416 AND AUTHORIZE WASTEWATER FUNDS TO BE EXPENDED. MOTION CARRIED UNANIMOUSLY. (Councilmember Fraley-Monillas was not present for the vote.) Citing the winds this weekend, Councilmember Mesaros asked Mr. Williams to provide a brief update on how Public Works addressed any issues. Mr. Williams explained staff was very busy all weekend, many staff members working overtime to address weather -related issues including worked with PUD after seven major trees fell into power lines. Most of the pump stations were out of power including Lift 1 on Sunset Avenue; all the generators came on and everything worked perfectly including the transfer switches. Councilmember Mesaros echoed kudos My Edmonds New gave Public Works staff. 5. PUBLIC HEARING A. PUBLIC HEARING ON CRITICAL AREAS ORDINANCE UPDATE Senior Planner Kernen Lien relayed: • Update started in fall 2014 with review of existing code and BAS • Planning Board and City Council Review in 2015 • Council Adoption January 26th and Mayor veto • December 15, 2015 Code in Exhibit 1 • February 23, 2015 Council scheduled public hearing for tonight to consider potential new amendments to draft regulations in Exhibit 1 o Intent of public hearing was to identify universe of potential amendments to the December 15 code in Exhibit 1 Tonight and next steps o Tonight ■ Review proposed City Council amendments ■ Take public comments ■ Staff emailed Council comments received after packet prepared o Next City Council meetings ■ April 5th — Council discuss and decide which proposed amendments to carry forward ■ April 12th — Discuss and refine proposed amendments carried forward on April 5th ■ April 19th — Potential adoption of updated critical area regulations ■ Council previously adopted resolution indicating critical area regulations would be adopted by April 30. ■ May be time tonight to begin discussion of potential amendments Mr. Lien reviewed the potential amendments grouped by topic: ECDC 23.40.220.C.4 — Physically Separated/Functionally Isolated • LA — Require determination to be made by a qualified critical area consultant o Maintains flexibility o Maybe costly for smaller projects • LB — Rename Provision o "Potentially isolated" o Change to "Interrupted Buffer" ■ Defection of buffer: designated area immediately next to and part of a stream or wetland that is an integral part of the stream or wetland ecosystem Council Review/Critical Area Decision Process • 2.A — Include City Council in decision making process for certain critical area decisions Edmonds City Council Approved Minutes March 15, 2016 Page 4 Packet Pg. 438 6.8.g o Could insert public opinion into what is supposed to be opinion based on science o Could create an appearance of fairness issue 2.B - Decision matrix/threshold for which projects would include City Council in decision making process 2.0 - Consider amending the decision process for certain types of critical area decisions Exhibit 2 - Contingent Critical Area Review Procedure (proposed by City Attorney) o Scope: ■ Development of at least 600 square feet within standard buffer - Physically separated/functionally isolated buffer - Restoration project - Wetland/stream buffer reduction ■ Would include also moving physically separated/functionally isolated out of allowed activities and into new provisions in the wetland and stream sections o New Type II-B procedure ■ Public notice (including City Council) ■ Citizen may request public hearing which would escalate the process up to a Type III -A - Public hearing before Hearing Examiner - Requestor must pay a fee in the amount of 50% the difference between Type II-B and Type III -A application fee - Project proponent shall pay the other 50% difference between Type II-B and Type III -A application within 30 days o Notice of Final Decision to City Council with opportunity to appeal Hearing Examiner decision through LUPA appeal o Staff will provide an example at April 5 meeting ECDC 23.40.220.C.7.b.iv - Hazard tree replacement • 3 - Change the required diameter of deciduous replacement trees from 1-inch dbh to 1 to 2 inches dbh o Larger tree not necessarily better for restoration o Smaller relative root ball for larger tree o More difficult for tree to become established Definitinnc • 4.A - Change "normal maintenance of vegetation" from ...trees less than 3-inch dbh to trees less than 4-inch dbh... o Normal maintenance exemption in ECDC 23.40.230.C.2 o Allows the clearing of slightly larger saplings as a critical area exemption • 4.B - Add definition for "Council" o Definition exists in ECDC 21.15.030 • 4.0 - Add definition for Best Available Science o ECDC 23.40.310 -Best Available Science • 4.13 -Move definitions from Part VI to ECDC 23.40.010 after Purpose section ECDC 23.90.040.C.I -Native Vegetation • 5.A -Apply to RS-8 and RS-10 zones o Would greatly expand the area the provision would apply to o RS-12 and RS-20 established because the presence of critical areas o Comprehensive Plan designation ■ Single-family Resource (RS-12, RS-20) ■ Single-family Urban (RS-8, RS-10) Edmonds City Council Approved Minutes March 15, 2016 Page 5 Packet Pg. 439 6.8.g • 5.B — Consider different native vegetation percentage for RS-8 and RS-10 zones • 5.0 — Change "...native trees over 10 inches in dbh make up more than 70 percent of the canopy cover" to "...native trees over 6 inches in dbh make up more than 40 percent of the canopy cover." o May trigger the requirements of this provision on more properties than the original proposal o Original proposal based on specific habitat features o Amendment intended to preserve more canopy coverage • May be further refined through development of UFMP Frequently Flooded Areas • 6 — Do not consider amendments to ECDC 19.00.025 and 21.40.030 at this time o Frequently flooded areas are critical areas by definition o Building code regulates development in the flood plain o Proposed amendment to definition height intended to compensate for requirement to build two feet above base flood elevation o Is appropriate to consider at this time ■ Language in Comprehensive Plan Sustainability Element: "Focusing on short term expedient solutions will only make actions necessary to support sustainability more difficult in the future. For example the areas of environmental issues and climate change, deferred action now will only make cumulative effects more difficult to resolve in the future. The familiar GMA-based 20-year planning timeframe will not be sufficient — planning for sustainability must take an even longer view." Council Status Reports • 7 — Require periodic reports to the City Council o Detailed reports can be time consuming and expensive o With existing resources could provide periodic reports with basic data, for example: ■ How many buffer reductions were granted and where ■ Number of critical area determinations ■ Number and general type of physically separated/functionally isolated buffer determinations ■ Provide some sample projects o Clarify report frequency Appendices • 8.A — Insert new Appendix A: Map of Critical Areas in Edmonds o Not regulatory - used for reference purposes only o Maps do not show the exact locations of all critical areas o Subject to change • 8.13 — Insert new Appendix B: Listing of critical areas in Edmonds with buffer widths and category/classification designations o Cost prohibitive o Would have to visit every property in Edmonds o Critical areas not fixed in time or place o Per updated code, critical area determinations and reports only valid for five years (ECDC 23.40.080 and 23.40.090.F) • Could make existing critical area information available on City of Edmonds web map o Do not want people making decisions based on information that may be incorrect Mr. Lien displayed Wetland and Streams; Landslide, Erosion and Seismic Hazards; and Priority Habitat Areas maps for Edmonds. He continued his review of the proposed amendments: Edmonds City Council Approved Minutes March 15, 2016 Page 6 Packet Pg. 440 6.8.g ECDC 20.15.215 Restoration Projects • 9 — Replace draft language in Exhibit 1 with Council proposal o Restoration of historic ecological functions is encouraged ■ Which "historic" period ■ Looking to improve existing conditions o Project proponent proposes buffer width necessary to ensure success ■ Should have some specific parameters o Director reviews and forwards recommendation to City Council ■ Same issues with Council administration of the code as previously discussed ECDC 23.40.040.0 — Areas subject to the provision of the CAO • 10 — Replace to refer to new appendices if appendices are adopted o ECDC 23.40.040.0 notes that the critical area regulations apply regardless of any formal identification ECDC 23.40.040.D —Areas Adjacent to Critical Areas • 11 — Keep only first sentence and delete the remainder of the section o Amendment would correct discrepancy between ECDC 23.40.040.1) and definition of adjacent in ECDC 23.40.320 Councilmember Buckshnis commended Mr. Lien for all his hard work. She has read four different critical area ordinances and will rely on Shoreline's Ordinance 723 which includes a definition for BAS and others words. She offered to confer with Mr. Lien outside the meeting about definitions. Councilmember Teitzel read from Department of Ecology's January 12, 2016 letter which states, " In recognition of the value of restoration in urban landscapes and the limited restoration opportunities, in 2009 the Washington State Legislature amended the Shoreline Management Act (see RCW 90.58.580) to encourage urban restoration. This amendment allows local jurisdictions to grant relief from shoreline permitting requirements when a restoration project causes a landward shift of the ordinary high water mark. Allowing a reduction in the standard buffer is a similar approach to encouraging restoration; not implementing a restoration project because of inadequate buffers would be an unfortunate loss of opportunities for environmental improvement." He asked Mr. Lien if he agreed with DOE's conclusion. Mr. Lien answered yes, the provision in the CAO is based on a SMA provision. The DOE's letter is in response to one of the December 15, 2015 amendments which would have deleted one of the sections in the restoration projects. DOE's letter supports the language proposed in Exhibit 1. Councilmember Teitzel relayed his understanding allowing and encouraging restoration by reducing the buffer is a win for the environment and for the landowner which should be the City's goal. Mr. Lien agreed, explaining the language in Exhibit 1 states the restoration project must have a net environmental benefit. If the land owner were allowed to reduce the buffer, the project overall would be required to have a net environmental benefit. Mayor Earling opened the public participation portion of the public hearing. Mike Echelbarger, Edmonds, a builder in Edmonds, he relayed his experience with a stream and critical area on an adjacent property and requirement for a study. The study was related to language deleted from ECDC 23.40.090 and 23.40.310 regarding peer review. He described how peer review works in Edmonds; they were required do a report, in this case a watershed analysis. They hired a licensed engineer and paid $10,000 for the report. The report was submitted to the City and the City hired a consultant to do peer review which cost another $10,000. The consultant identified one addition and it Edmonds City Council Approved Minutes March 15, 2016 Page 7 Packet Pg. 441 6.8.g cost him $1500 to have it included in the report. The bill for peer review from the City was $5,000. He summarized he did not believe in peer review; the cost was nearly three times what it should have cost and he did not believe the results were significantly different. Next, he referred to ECDC 23.40.280 building setbacks, questioning why a setback, essentially a buffer for the buffer, was required in addition to the critical area buffer and how 15-feet was determined. He recommended the City inform its residents; there was little development potential in Edmonds but many people living next to a stream or wetland do not know these changes are being proposed. Justin Heckt, Edmonds, a Students Saving Salmon volunteer, said for the greater environmental health of Edmonds and surrounding areas, the City needs to be accountable by doing scientific testing and using reliable and unbiased data collected from critical area. Critical areas contain streams and marshes that add to the ecosystem and can potentially support a thriving salmon community. These test provide not only information for health factors such as pH, dissolved oxygen and other factors, they look for potentially dangerous factors such as E.coli and toxins that can leak into neighborhoods or enter streams and the Marsh. Due to potential threats and the need to defend the environment, the City should look to scientific organizations such as the National Oceanic and Atmospheric Administration and Washington State University Extension to guide reports that will be used to make future guidelines. It is important that BAS be used in conjunction with the data acquired. Not having dependable data could lead to compromised water sources, increased potential infections from bacteria, exposure to pollutants in stormwater runoff. He suggested focusing attention on the Edmonds Marsh, an estuarine wetland and priority habitat. As the Marsh feeds into Puget Sound, it impacts the health of upland waters. Using BAS and all available data can promote a healthy society that will lead to a sustainable future. Alan Merns, Edmonds, referred to written materials he provided, a chart showing, 1) bird population trends in his Maplewood neighborhood over 13 years, species and how they have appeared/disappeared, and 2) photos of 20 trees on a property near his home that were marked in late February; he was unsure this meant they were intended to be removed. He expressed concern with the CAO's inaction on bird and wildlife corridors across Edmonds. Although not in a critical area, he monitor birds in his yard; the abundance and biodiversity of bird life has been decreasing since 2005. He has shared his observations during the past five years with Edmonds citizens via presentations at the Bird Fest, Edmonds Floretum, Native Plant Demonstration Garden and a recent course at the Edmonds Community College Creative Retirement Institute. At least 6 of the 75 species are now locally extinct in his area; climate change and tree and shrub removal are likely factors in the decline. Citizens attending his presentations have been alarmed and are employing their own monitoring. When his family moved to Edmonds, there was a corridor of tall trees connecting Yost Park and Maplewood Park where birds including eagles, owls, band - tailed pigeon could be observed. During that time over 100 trees have been cut and not replaced. During its deliberations, he encouraged the Council to be inspired by the increased citizen monitoring and concern. Phil Lovell, Edmonds, said the Council must incorporate support and implement appropriate language necessary to address the potential impacts of sea level rise on the Edmonds Puget Sound waterfront. The new community center currently under design per City Resolution 1313 approved on March 18, 2014, is based on a full 30-foot tall building with a first floor at elevation 15.0 in NAVD 88 datum. This criteria compiles with the current building height regulations and engineering based on BAS. He submitted the briefing document presented to the Council during the senior center's briefing to City Council at its March 4 retreat. He referred to a New York Times article printed in the March 15, 2016 Seattle Times regarding a recently published study in the magazine "Nature Climate Change" which states in part, "rising seas which already endanger coastal communities through tidal floods and storm surges could rise 3 feet and possibly even more." The updated CAO must contain provisions supporting the current design direction of the new waterfront community center so important to the welfare and benefit of the community. Edmonds City Council Approved Minutes March 15, 2016 Page 8 Packet Pg. 442 6.8.g Sam Kleven, Edmonds, expressed concern for the City's wildlife including salmon that use streams and wetlands. He cited the importance of protecting wildlife with the help of buffers. To successful complete their lifecycle, salmon need wide enough buffers, sized in accordance with BAS. A buffer is a strip of land that surrounds environmentally fragile streams and wetland; properly sized buffers will help prevent harmful silt and pollutants such as stormwater runoff from entering streams and wetlands. Providing native vegetation and shade to nourish salmon will create a safe haven for species in Edmonds. As well protecting birds, plants, insects and fish native to the City, buffers are also a visual symbol of Edmonds' land stewardship. Restoring urban streams also includes daylighting wherever possible; for example, Willow Creek will be daylighted thanks to the City's efforts to secure funding. The Students Saving Salmon Stream Team at Edmonds-Woodway High School monitors the status of many streams in Edmonds, including Willow Creek. Bringing back salmon runs will require providing incentives for daylighting streams and enhancing buffer areas such as tax reductions. Several incentives can be offered to citizens with regard to buffers via the Puget Sound Urban Resources Partnership, Community Salmon Fund, private stewardship programs and Five Star Restoration Challenge grants. The City currently supports the Student Saving Salmon program, a step in the right direction toward conservation restoration. He encouraged the Council to approve the use of strong language regarding conservation in Edmonds' CAO. Joe Scordino, Edmonds, retired fishery biologist, summarized points in an email he provided the Council. First, he supported including a list of critical areas in Edmonds in the regulations. He questioned having 90+ pages of regulations but not knowing where they apply. Regulations should be easily readable by the public and people should know whether they apply to their property. He suggested simply listing Shellabarger Creek, Willow Creek, Edmonds Marsh and others and their buffers. Next, he felt it was important to encourage restoration projects and suggested letting the project proponent dictate the size of the buffer. For a restoration project to be successful it needs an adequate buffer and the buffer should be based on the science of the project rather than setting arbitrary buffer widths. With regard to physically separated/functionally isolated buffers, he recommended modifying the language to ensure what is functional isolated is scientifically proven not just based on a regulation. He supported the amended language regarding monitoring and reporting so residents can see what is happening to critical areas. He referred to numerous regulatory structuring comments in his email. With regard to preserving the Marsh, he agreed there was some overlap with the SMP which has not yet been approved. He feared the intersect of the two may result in a reduction of the Marsh buffer widths or other changes in the Marsh's protection. He encouraged the Council to look closely at the Marsh when structuring the regulations. John Reed, Edmonds, speaking on behalf the Alliance of Citizens for Edmonds (ACE), explained a task force of ACE members have considered the 12 proposed amendment as well as ideas and main areas identified for updating in the public hearing notice dated March 1, 2016. The task force also considered the 8 amendments made by Council on December 15, 2015 and the presentation by staff on the 12 amendments on February 23, 2016. Yesterday ACE submitted written comments to the Council, Mayor and Mr. Lien, suggesting changes and voicing support for some aspects of the CAO. ACE's comments are based on the October 19, 2015 redline version of the CAO and in some instances the proposed amendment in the public hearing memo in tonight's material has been revised and incorporates some of the recommendations in their submittal. He highlighted ACE's major recommendations. • Amendment 1: The 2015 Council deleted this new section. ACE recommends the two terms be carefully and completely defined in the CAO definition section. This provisions needs to be coordinated with footprint development and the SMP. Note F footprint of development should include compacted gravel. This was addressed in 2015 Amendment 5 to include legally established buildings, paved roads, driveways and parking lots. ACE recommends it be limited to those items. Edmonds City Council Approved Minutes March 15, 2016 Page 9 Packet Pg. 443 6.8.g • Amendment 2: Agree this needs to be limited to major items in physically separated/functionally isolated restoration exemption areas and recommend adding variances. • Amendment 5.A: Agree this is unduly burdensome unless selected area such as parcels falling within a fish a wildlife habitat conservation area can be specifically called out. • Amendment 9: Recommend remove buffer reduction allowance and allow project proponents to propose based on need for special projects. Reduction be limited to 25% and eliminate paragraph B.3 as proposed in 2015 • Note C: Recommend compensatory mitigation be eliminated and actual mitigation be required • Building code and height exceptions: Stand by position taken on January 25, 2016 letter to Council.... He requested the Council keep in mind the primary purpose of the ordinance was to protect critical areas and allow exceptions only when absolutely necessary. Susan Paine, Edmonds, cited the importance of trees to critical areas and the environmental services they provide, more so in critical areas. She supported preserving existing trees and expressed concern with allowing the removal of trees smaller than 4 inches or 6 inches as it eliminates much of the underbrush and prevents trees from maturing. Trees provide slope stabilization and other environmental benefits. She recommended restoration projects be limited to non -development projects to prevent additional development around sensitive areas which will be important for future generations and salmon runs. Regarding physically separated/functionally isolated buffers, she did not support including that provision, envisioning a sawtooth system of buffers around sensitive areas, wetlands and streams that would be difficult to enforce. With regard to building footprint, she questioned including gravel as part of a building footprint and recommended retaining the old language and not including loose or compacted gravel. She recommended Council review projects where a buffer reduction of 25% or more is proposed. Bob McChesney, Executive Director, Port of Edmonds, said his comments are not related to any specific project or specific property. The local regulations such as the CAO are already restrictive as they pertain to future development opportunities and may devalue private property located in or adjacent to critical areas as well as place new limits on previously accepted private property rights. The Port's mission endorses both economic development and environmental stewardship as core values. The Port is committed to the balance between restoration and protection and renewal and economic vitality to serve future generations. In an ideal world restoration and redevelopment work together; the Port's responsibility is to find reasonable solutions that create new resources, to invest in restoration and support environmental stewardship. The Port is opposed to wider buffers around the Marsh as they would be overly restrictive and counterproductive to Marsh restoration which is a mutual goal. The Port is also concerned with amendments to frequently flooded areas. A contract rezone for Harbor Square, in existence since for many years, stipulates maximum building heights to 35 feet which should be reflected and protected in the new CAO. With regard to how the physically separated/functionally isolated provision works in the real world, he explained a portion of the footprint for the new Jacobsen Marine was in a critical area even though the Burlington Northern railroad runs down the middle, preventing any impacts to the Marsh. Regardless, $11,000 in mitigation was required for impacts that did not exist. He was hopeful whatever amendments are passed do not overly restrict future development opportunities. Eric Thuesen, Edmonds, recommended informing residents if their property is located in a critical area. Many of Edmonds' critical areas are steep slopes, anything over 15%, so it would not be difficult to delineate those. The information is important for a person to know when purchasing property. He expressed concern with the Council's level of involvement in critical area decisions, noting the Council has not been involved in past. Developers spend a considerable amount to hire experts to review projects using BAS to make determinations. Involving the Council, it becomes a political situation and may result in five years getting through the process. He acknowledged LUPA was an option but was expensive for the City as well as the proponent. He recommended the Council not be involved in decisions and instead Edmonds City Council Approved Minutes March 15, 2016 Page 10 Packet Pg. 444 rely on experts and the Hearing Examiner. Often the Council does not have the expertise and the net effect could be an expensive lawsuit. He agreed with the proposal to increase the height of a house in a wetland. Rondi Nordal, President, Edmonds-Woodway High School Students Saving Salmon Club, urged the Council to take to heart her and other young people's comments as they are the future of Edmonds. As a member of the Stream Team, she places a high value on the environmental health and conscientious protection and restoration of it. This requires the use of BAS as a means of ensuring these projects have a net positive benefit for wildlife habitat, critical because if BAS is not applied, restoration projects may not focus on key environmental factors or appropriate species. An example of a key factor is embeddedness, the extent to which silt surrounds or fills rocks, a key factor to stream health. One way to ensure restoration efforts benefit critical habit is continued monitoring with oversight by qualified officials. Continued monitoring ensures a project progresses successfully and also collects information that can be used for future updates of the CAO and similar documents. In addition, qualified officials, preferably someone with a specialization in the factors being assessed, adds another level of accountability and potential for success. Considering the current BAS, she questioned whether tradeoffs that allow development to encroach on critical areas or add impervious surfaces in critical buffer zones should be encouraged and whether the width of a buffer established to protect critical habitat should be reduced, allowing human interests to come before the greater health of the collective environment. She urged the Council to consider the best interests of Edmonds when drafting amendments to the CAO. The natural beauty of Edmonds is a core identity and reflects the residents' values. She thanked the Council for their commitment to drafting the best CAO as it will greatly impact the future. Ferrell Fleming, Edmonds, Executive Director, Senior Center, commented Edmonds pride itself on being a community with a high level of environmental sensitivity and awareness and a commitment to sustainability. BAS demands the City take account of sea level rise. While the magnitude and timeframe of that rise if a matter of considerable debate, sea level rise is a fact. Amendment 6 proposes not including amendments related to frequently flooded areas in the ordinance. Although this amendment may be well- meaning deal with the belief that this matter should be address elsewhere in the code, frequently flooded areas are critical areas by definition and with the growing attention paid to the threat of sea level rise, it would be odd for an environmentally progressive community such as Edmonds with considerable stake in its waterfront, to leave frequently flooded areas out of the CAO update. He urged the Council to defeat this amendment and leave frequently flooded areas in the updated CAO. The City's Strategic Action Plan asked the senior center to build a community center; that can be stopped at any number of points in the process either by action or inaction; consideration of the CAO is one such point. He urged the Council to pay specific attention to framing the language of the CAO update in such a way that they can build a multi -generational center that will serve many generations to come. David Mellitte, Edmonds, a Woodway High School teacher, agreed with the students' comments regarding the impact that critical areas have on the environment. Critical areas are often overlooked unless one steps in it but they are extremely necessary to health and economic benefit. As has been seen in Louisiana, when critical areas are overlooked, they do not act as sponges to soak up overflows from natural changes in weather patterns and cannot act as a buffer. If buffers are intentionally reduced and robust buffers are not required, property owners will face the consequences. He encouraged the Council to maintain a robust effort with regard to critical areas. Roger Hertrich, Edmonds, thanked Mayor Earling for his veto which extended discussion regarding the CAO and the four Councilmembers who voted in favor of holding a public hearing. He appreciated Councilmember Teitzel's question regarding buffer modification which would apply to stream restoration. He found that extremely critical and said being overly strict, non -practical would discouraged stream restoration. He pointed out toxic crumb rubber should be addressed in the CAO, noting there are Edmonds City Council Approved Minutes March 15, 2016 Page 11 Packet Pg. 445 6.8.g no provisions for stormwater with toxic materials that flows into Puget Sound. With regard to replacement trees, he pointed out a 1-inch tree has a better survival rate. He commented definite critical area maps are overly expensive and are impractical. As a board member at the senior center, he preferred to keep the old center to avoid these problems. He did not believe sea level rise would be as high as has been stated and did not think that belonged in the CAO. Doug Swartz, Edmonds, referred to Amendment 9 regarding restoration and requested the Council consider restricting buffer reduction to 25%. Many Edmonds regulations include flexibility; although flexibility sounds good at the outset, the problem is if staff gives into one developer, every other developers or special interest will clamor for the same treatment. Buffer reduction up to 75% or allowing the proponent to recommend the amount of buffer reduction violates the idea of a code. If a project need more than a 25% reduction, the variance process would be appropriate. He urged the Council not to allow up to a 75% buffer reduction without a variance because the end result would be a code that was immaterial and that people could get around. Sue Little, Edmonds, explained after purchasing her home at 806 Dayton Street in January 2007, she was told by the City in October 2011 to daylight the stream on the property. Before she daylighted the stream, it was in a pipe except for a waterfall. She hired a biologist and was told to complete a SEPA checklist for the work in the onsite stream. The biologist reported the stream is a non -fish bearing tributary to Shellabarger Creek. She was also required to obtain hydrologist project approval and even though her yard has no evidence of a wetland or habitat for endangered, threatened or sensitive species, she was told to create a berm to hold water in the stream. The work had to be done during low flow during the summer, 10 months from the time the original problem began with the rockery. Her rockery failed due to the timing. The Fish and Wildlife report stated an annual inspection was required which has never been done by Fish and Wildlife, the biologist or the Edmonds. After five years of misinformation, lack of communication has created more water problems and expense. She found this very stressful as a property owner as she cannot control the water coming down hill, the rain or the amount of water in her backyard. After discovering rodents in her crawlspace, 3 feet of water was pumped out, a sump pump and more drainage installed under her home at a cost of $9.000 She summarized throughout this process she has spent approximately $40,000-$45,000 and still needs to spend more for drainage to address water issues. She assured she was an environmentalist and liked water and trees but she did not like water threatening her home. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. He noted the agenda memo and the agenda mentions only a public hearing. He agreed discussion was appropriate but questioned whether the Council wanted to take action on the amendments tonight. Councilmember Mesaros recalled Mr. Lien's slides recommended discussion on April 5 and asked Mr. Lien to clarify. Mr. Lien agreed the agenda memo identified April 5 to narrow the potential amendments. As there are no other items on tonight's agenda, he suggested the Council have further discussion tonight. Councilmember Buckshnis pointed out the agenda memo states potential action and asked if the Council could begin taking action on the amendments. City Attorney Jeff Taraday responded the agenda memo limitations are more of a Council protocol issue than a legal issue; there is no legal issue with the Council narrowing down the amendments tonight. Councilmember Tibbott commented it may be worthwhile to consider amendments the Council can agree on and address the remaining amendments at the next meeting. Council President Johnson thanked everyone who participated in the public hearing particularly the Students Saving Salmon, noting it was good to hear from young people in the community. She assured Edmonds City Council Approved Minutes March 15, 2016 Page 12 Packet Pg. 446 6.8.g the Council will consider the written comments that have been submitted and citizens are welcome to make comments regarding the specific amendments. As Mr. Lien mentioned, the Council wanted to create the universe of potential amendments for the public hearing. The CAO is a very complex, complicated ordinance and the Council should carefully consider how to move forward. She agreed with proposed the schedule with adoption by the end of April. Councilmember Teitzel appreciated Ms. Little's comments about her experience. If a citizen invests thousands to daylight a stream for the benefit of the environment, it should be a positive experience for the citizen and the environment. He supported establishing the CAO so that a citizen has reasonable use of their property at the same time restoring and enhancing the environment to the extent possible and avoiding Ms. Little's experience whenever possible. Councilmember Nelson relayed his excitement to begin working on the amendments, preferring to begin with the amendments that Councilmembers disagree on. Council President Johnson commented on the importance of the Council considering the comments made during the public hearing, fearing that taking action tonight would be premature. She preferred to read the record more thoroughly, consider what has been said tonight and return at a future meeting. Councilmember Mesaros was not certain which amendments the Council agreed on; he preferred to begin with Amendment 1. Councilmember Buckshnis suggested delaying Amendment 2 until the April 5 when the City Attorney will provide information and Mr. Lien will provide an example. She suggested Amendment 11was an easy one, simply cleaning up the language. Councilmember Teitzel did not advocate for the Council's involvement in the administration's decision - making process; Councilmembers are legislators and set policy, the administration acts on the policy. If a decision was made not to have Council take action on exceptions and in 1-2 years the Council found the legislative intent was not being carried out, he asked if the Council could reopen the CAO to make it more restrictive and possibly have the Council involved or did the Council have to wait 7 years to make an amendment Mr. Taraday responded the Council could always clarify ambiguities in the code at a later date if an ambiguity leads to decisions by the Hearing Examiner that the City Council did not contemplated when adopting the code. Councilmember Fraley-Monillas said the Council could also include something in the CAO and if it didn't work, amend it. Mr. Taraday agreed that could also be done; whatever the Council adopts in 2016, the Council was not forced to live with the 2016 CAO unchanged for 8 years. The Council can amend and clarify it as necessary. Councilmember Fraley-Monillas asked if the Council could modify it in 2017. Mr. Taraday answered yes. Main Motion #1 COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE AMENDMENT 11 AS PROPOSED. Mr. Taraday clarified Councilmember Tibbott was seeking Council consensus to include Amendment 11 in the CAO. He advised the Council was not adopting anything tonight. Action on Main Motion #1 MOTION CARRIED (6-1), COUNCIL PRESIDENT JOHNSON VOTING NO. Main Mntinn ;t2 Edmonds City Council Approved Minutes March 15, 2016 Page 13 Packet Pg. 447 COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE AMENDMENT 3. Councilmember Mesaros asked if 2 inch dbh replacement trees will be required if the amendment is approved. Mr. Lien responded if the amendment is approved, the required replacement must be between 1-2 inches; a 1-inch tree would still be allowed. Councilmember Mesaros asked whether 3-inch tree would be allowed. Mr. Lien answered yes. Councilmember Mesaros clarified the minimum was 1 inch. Councilmember Teitzel asked what was gained with the amendment as the size of the replacement tree was at a person's discretion. Mr. Lien said the vast majority of proposals will propose to plant a 1-inch tree. Action on Main Motion #2 UPON ROLL CALL, MOTION CARRIED (5-2), COUNCIL PRESIDENT JOHNSON AND COUNCILMEMBERS NELSON, FRALEY-MONILLAS, BUCKSHNIS AND TIBBOTT VOTING YES; AND COUNCILMEMBERS MESAROS AND TEITZEL VOTING NO Councilmember Teitzel proposed changing the title of ECDC 23.40.220.C.4, Amendment LB, Physically separated/functionally isolated to physically separated/interrupted buffer. Mr. Lien clarified his suggestion was to replace the entire phrase "physically separated/functionally isolated" with "interrupted buffer." Main Motion #3 COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO CHANGE THE TITLE OF ECDC 23.40.220.C.4. TO INTERRUPTED BUFFER. Mr. Lien said changing the entire section to interrupted buffer may require changing other references to physically separated/functionally isolated throughout the CAO. Action on Main Motion #3 MOTION CARRIED UNANIMOUSLY. Main Motion #4 COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE 4-INCH DBH IN AMENDMENT 4.A. Council President Johnson referred to comment from Susan Paine regarding the importance of brush and small young trees. Changing maintenance to allow removal of trees 4-inches dbh or smaller was not taking into consideration other vegetation that may be useful in stabilizing a slope or providing habitat. She suggested Ms. Paine's comments were worthy of additional consideration. She interpreted this change to basically allow clear cutting of any steep slope that had 4 inch or less dbh vegetation. Councilmember Mesaros responded he did to interpret this to allow clear cutting. He read it to allow removal of vegetation as part of normal maintenance of vegetation around a critical area. He was certain a property owner wanted to protect the slope as much as the City did. He recommended approving Amendment 4.A and allow property owners to take responsibility for their land. Councilmember Fraley-Monillas asked for clarification. Mr. Lien explained this definition refers to a specific exemption in 23.40.230 (page 22 of Exhibit 1), an exemption allowed for operation, maintenance or repair. A statement was added that reads, "Operation and maintenance also includes normal maintenance of vegetation performed in accordance with best management practices, provided that such management actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered Edmonds City Council Approved Minutes March 15, 2016 Page 14 Packet Pg. 448 6.8.g or threatened species." A definition of normal maintenance of vegetation was also added, "normal maintenance of vegetation means removal of shrubs, non -woody vegetation and trees less than 4 inch dbh that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the City in the past five years." Another possible provision would be within the allowed activity section, 23.40.220.C.7 (page 19 of Exhibit 1) that addresses select vegetation removal activities and includes a list of evasive and noxious weeds. Amendments to this section would limit the amount of clearing to an area 1500 square feet over a 3 year period. Councilmember Fraley-Monillas asked how this would apply to the two incidents on one property where property owners cut trees on a hillside in a critical area. Mr. Lien answered the most common is alders that sprout on a property. Alders are a pioneering species and can come up by the thousands on a site. The exemption would prevent alders from taking over the site. The site Councilmember Fraley-Monillas was referring to was subject to restoration. Alders can overwhelm a restoration project. The exemption would allow a property owner to control the alders. Councilmember Fraley-Monillas commented it was not related only to alders. Mr. Lien agreed, alders were only an example that this would apply to; other trees sprout in a similar manner. Councilmember Mesaros relayed his understanding if the amendment were approved, the regulations would not allow a clear cut. Mr. Lien agreed the regulations would not allow a clear cut; it was related to normal maintenance of vegetation on an ongoing regular basis. Councilmember Buckshnis asked why 4 inches was preferable to 3 inches. Councilmember Mesaros recalled a citizen presenting a 3-inch and a 4-inch log to illustrate there was not much difference between 3 inches and 4 inches. Action on Motion #4 MOTION CARRIED (6-1), COUNCIL PRESIDENT JOHNSON VOTING NO. Main Motion #5 COUNCILMEMBER NELSON MOVED, SECONDED BY TIBBOTT TO APPROVE AMENDMENT LA. Councilmember Nelson explained this amendment provided a balance between allowing some flexibility while requiring a qualified critical area consultant to make the determination whether it is in fact a separated and isolated buffer. Councilmember Mesaros referred to Mr. Echelbarger's comments regarding peer review and asked whether this amendment would require peer review. Mr. Lien answered that was elsewhere in the regulations. The amendment would not necessarily require peer review but it could. One of the instances when the City requires peer review is when there are multiple critical area reports that do not agree. In the instance referenced by Mr. Echelbarger, staff did not feel they had the expertise to review the critical area reports so it was sent to a consultant with that expertise. Another area that always requires peer review is development within the earth subsidence landslide hazard area in North Edmonds. He summarized there are a few instances where this amendment may require peer review. Councilmember Mesaros referred to Ms. Little's comments and the investments she has made when trying to do the right thing that has not turned out well for her. If decisions are made to reduce the buffer, he supported having good reason to do so and having expertise but did not want the property owner to go through a series of events that complicates their lives rather than helps them with their property and helps the City. Edmonds City Council Approved Minutes March 15, 2016 Page 15 Packet Pg. 449 6.8.g Mr. Taraday pointed out a portion of Amendment LA overlaps with Amendment 2; Amendment LA includes a process involving a recommendation to the City Council and Amendment 2 includes a different process. An earlier Council comment recommended deferring Amendment 2 to a later date. Councilmember Buckshnis said if Amendment LA was related to Amendment 2, she preferred to first hear from the City Attorney on April 5. Councilmember Tibbott relayed his understanding Amendment LA was an opportunity to agree with what was already proposed in the CAO and was one of greatest opportunities to allow for development that would improve environmental effectiveness in the critical area. He was supportive of Amendment LA and looked forward to a further understanding of Amendment 2. Action on Main Motion #5 COUNCILMEMBER NELSON WITHDREW AMENDMENT LA WITH AGREEMENT OF THE SECOND. Councilmember Teitzel expressed concern with the wording of Amendment LA, which states the director will require the applicant to provide a site assessment and functional analysis report by a qualified critical area consultant. His concern was this removes staff almost entirely from the decision. He envisioned a property downslope from a stream and did not support requiring a report when it was absolutely clear there was no impact on the nearby stream or wetland. He found Amendment LA too restrictive and felt it should be reworded. Main Motion #6 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO REMOVE AMENDMENT 4.C, ADDING A DEFINITION FOR BEST AVAILABLE SCIENCE. Councilmember Buckshnis commented the definition is already contained in ECDC 21.40.310. Action on Main Motion #6 MOTION CARRIED UNANIMOUSLY. Main Motion ;t7 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE AMENDMENT 4.1), MOVE DEFINITIONS FROM PART VI TO ECDC 24.40.010 AFTER PURPOSE SECTION. Councilmember Buckshnis commented the definitions should be at the beginning which is done in other cities' CAO for readability. Mr. Lien commented moving definitions from Part IV will not move the section related to BAS which has its own section describing characteristics of BAS, not a definition. He clarified Section 23.40.310 BAS is not contained in the definitions; the motion is to move the definitions contained in Part IV, 23.40.320 to 23.40.010, moving the definitions from the end of the general section to the beginning. Councilmember Fraley-Monillas asked if Mr. Lien could bring back the amended text next week. Mr. Lien relayed his understanding the Council was reducing the amendments via changes discussed tonight so there were fewer to consider on April 5. He did not intend to make any of the changes approved tonight and would incorporate all the proposed amendments following the April 5 meeting into a new draft code for the April 12 meeting. Councilmember Fraley-Monillas feared it would be difficult to follow on April 5 if some changes were approved tonight and not incorporated into the document. Mr. Lien offered to create a new draft for the April 5 meeting although moving the definitions would require renumbering everything which would be very confusing. Mr. Taraday suggested when the COA returns to Edmonds City Council Approved Minutes March 15, 2016 Page 16 Packet Pg. 450 6.8.g the Council on April 5, staff categorize the amendments the Council has already acted on and amendments that have not yet been acted on. Mr. Lien agreed with Mr. Taraday's suggestion. Councilmember Mesaros asked the intent of Amendment 4.B. Councilmember Buckshnis answered it relates to Amendment 2. Councilmember Teitzel agreed it made sense to move the definition to the beginning as it will help the reader to have the definitions as they read the CAO. With regard to BAS, he suggested referencing in the list of definitions where BAS is in the document. Mr. Lien commented there was already motion to remove Amendment 4.C. Councilmember Teitzel clarified his suggestion was to reference the section on BAS as the definition of BAS. Councilmember Buckshnis agreed with Councilmember Teitzel's suggestion. Councilmember Mesaros clarified Councilmember Teitzel's suggestion; he was not recommending the language regarding BAS be included in the definitions, he was recommending including a reference to BAS in the definitions. Amendment #1 to Main Motion #7 COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND TO ADD REFERENCE CLARIFYING IN THE DEFINITION LIST WHERE A READER MIGHT FIND INFORMATION ON BEST AVAILABLE SCIENCE. Action on Amendment #1 AMENDMENT CARRIED UNANIMOUSLY. Action on Main Motion #7 as amended MAIN MOTION CARRIED UNANIMOUSLY. It was the consensus of the Council to defer further discussion and action on the amendments to April 5. 7. MAYOR'S COMMENTS Mayor Earling advised the new Economic Development Commission (EDC) has been formed and thanked Councilmembers for their appointments. The EDC is a fabulous group of people; their first meeting is March 30. The Mayors Pedestrian Safety Committee will meet for the first time on April 5. Mayor Earling reminded of the Snohomish County Cities dinner on Thursday; he is unable to attend. 8. COUNCIL COMMENTS Councilmember Nelson referred to comments regarding the subject of sea level rise. He was excited there was so much interest in the topic and Edmonds, as well as other communities along the Washington coast including Seattle, Olympia, King County, Bellingham and Bremerton and Kitsap Council have looked at comprehensive ways to address sea level rise. If the City takes on this challenge, which he believed the City should, we should look at ways to adopt, prepare and fight. The reality is all the modeling is over an 84-year time frame and for the first 34 years of that modeling, the damage is already done. Seas will rise regardless of whether habits or lifestyles change. Beyond that point, from 2050 to 2100, there are things the City can do to impact sea level rise and he recommended being proactive not just reactive. Councilmember Fraley-Monillas apologized for arriving late; she was at Health District's annual retreat until 6:45. The Health District is struggling with cuts and deciding which programs to cut. One of the proposals is for the Health District to no longer serve the WIC program and subcontract it instead. There Edmonds City Council Approved Minutes March 15, 2016 Page 17 Packet Pg. 451