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2013-03-26 City Council - Public Agenda-1487'4- o 90� AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds MARCH 26, 2013 Work Session 7:00 P.M. - CALL TO ORDER / FLAG SALUTE 1. (5 Minutes) Roll Call 2. (5 Minutes) Approval of Agenda 3. (5 Minutes) Approval of Consent Agenda Items A. AM-5615 Approval of City Council Meeting Minutes of March 19, 2013 B. AM-5612 Approval of claim checks #201108 through #201231 dated March 21, 2013 for $990,591.37 (reissued checks #201174 $91.97 and #201154 $523.33). Approval of payroll direct deposit & checks #60084 through #60097 for $433,962.55, benefit checks #60098 through #60106 and wire payments of $113,949.45 for the period March 1, 2013 through March 15, 2013. C. AM-5498 Edmonds City Code Updates 4. Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings 5. (15 Minutes) Quarterly Report of the Planning Board. AM-5620 6. (30 Minutes) Joint Meeting with Fire District 1 Commissioners - Annual Report AM-5613 7. (10 Minutes) Energy Savings Contract (ESCO III) AM-5581 Packet Page 1 of 411 8. (60 Minutes) Discussion: Shoreline Master Program Update AM-5611 9. (90 Minutes) Continued discussion on incorporating the Harbor Square Master Plan into the City's AM-5610 Comprehensive Plan. 10. (15 Minutes) Report on outside Board and Committee meetings. 11. (5 Minutes) Mayor's Comments 12. (15 Minutes) Council Comments 13. (15 Minutes) Convene in executive session regarding pending litigation per RCW 42.30.110(1)(i). 14. (5 Minutes) Reconvene in open session. Potential action as a result of meeting in executive session. ADJOURN Packet Page 2 of 411 AM-5615 City Council Meeting Meeting Date: 03/26/2013 Time: Consent Submitted By: Linda Hynd Department: City Clerk's Office Review Committee: Type: Action Committee Action: Information Subject Title Approval of City Council Meeting Minutes of March 19, 2013 Recommendation Review and approval. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. City Council 3-19-13 Meeting Minutes Inbox Mayor Finalize for Agenda Form Started By: Linda Hynd Final Approval Date: 03/21/2013 Attachments Form Review Reviewed By Date Dave Earling 03/21/2013 03:20 PM Linda Hynd 03/21/2013 03:48 PM Started On: 03/21/2013 03:15 PM 3. A. Packet Page 3 of 411 EDMONDS CITY COUNCIL DRAFT MINUTES March 19, 2013 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember* ( *Arrived 7: 05 p.m.) Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Walker Kasinadhuni, Student Representative 1. ROLL CALL STAFF PRESENT Jim Lawless, Assistant Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Frances Chapin, Cultural Services Manager Rob English, City Engineer Kernen Lien, Senior Planner Jeff Taraday, City Attorney Linda Hynd, Deputy City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Deputy City Clerk Linda Hynd called the roll. All elected officials were present with the exception of Councilmember Johnson. (Councilmember Johnson arrived at 7: 05 p.m.) 2. APPROVAL OF AGENDA Council President Petso advised the Council has been informed Agenda Items 11 and 12 are not necessary and can be removed from the agenda. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE THE AGENDA IN CONTENT AND ORDER, DELETING ITEMS 11 AND 12. MOTION CARRIED (6-0). (Councilmember Johnson was not present for the vote.) 3. APPROVAL OF CONSENT AGENDA ITEMS Council President Petso requested Item K be removed from the Consent Agenda. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED (6-0). (Councilmember Johnson was not present for the vote.)The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 12, 2013 Edmonds City Council Draft Minutes March 19, 2013 Page 1 Packet Page 4 of 411 B. APPROVAL OF CLAIM CHECKS #200977 THROUGH #201107 DATED MARCH 14, 2013 FOR $387,760.34 C. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM KATHLEEN FISHER ($596.69) D. ORDINANCE CONSENTING TO THE ASSIGNMENT OF THE NON-EXCLUSIVE FRANCHISE GRANTED TO METROMEDIA PURSUANT TO ORDINANCE NO. 3295, TO ZAYO GROUP E. AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH SNOHOMISH COUNTY FOR TOURISM PROMOTION GRANT F. AUTHORIZATION TO ADVERTISE CALL FOR ARTISTS RFQ FOR FIVE CORNERS ROUNDABOUT PROJECT G. REPORT ON FINAL CONSTRUCTION COSTS FOR THE 2011 WATERLINE REPLACEMENT PROJECT AND ACCEPTANCE OF PROJECT H. REPORT ON FINAL CONSTRUCTION COSTS FOR THE 2012 WATERLINE REPLACEMENT PROJECT AND ACCEPTANCE OF PROJECT I. AUTHORIZATION TO ADVERTISE A REQUEST FOR BID FOR CONSTRUCTION SERVICES FOR THE 2013 WATERLINE REPLACEMENT PROJECT J. AUTHORIZATION TO ADVERTISE A REQUEST FOR BIDS FOR CONSTRUCTION SERVICES FOR THE WWTP STANDBY POWER DISTRIBUTION AND SWITCHGEAR IMPROVEMENT PROJECT L. TRAFFIC IMPACT FEE ANNUAL REPORT M. AMENDMENT TO DOMESTIC VIOLENCE COORDINATOR ILA WITH THE CITY OF MILL CREEK N. JANUARY 2013 MONTHLY FINANCIAL REPORT Item K: PURCHASING POLICY REVISION FOR PUBLIC WORKS PROJECTS For Council President Petso, Public Works Director Phil Williams explained the current policy requires Council approval for any request to go to bid for a project. Under the proposed revision, if the project is already approved by Council in the annual Capital Improvement Program (CIP) and in the City's budget, Council authorization to go to bid would be not required. Following general agreement with this proposal at the Council retreat, the proposed revisions were presented to the Finance Committee and the Parks, Planning and Public Works Committee; both committees recommended approval. The same approach would be extended to Requests for Qualification (RFQ). In both cases, Council approval is required for the construction contract and the contract for consulting services if it they exceed the dollar amounts in the purchasing policy. Council President Petso referred to page 5 where it appeared the dollar amount for construction contracts in the purchasing policy was being eliminated and any construction contract already included in the CIP would not need to come back to Council before bidding for construction. Mr. Williams answered that was not the intent of the revision to the policy. Council President Petso asked if a project was included in the CIP without a great deal of prior planning, is the Council's last chance to see the project after design is complete the Friday before awarding Edmonds City Council Draft Minutes March 19, 2013 Page 2 Packet Page 5 of 411 construction bids. Mr. Williams answered large projects often are presented to the Council multiple times as well as holding public meetings. The Public Works Quarterly Report also contains information regarding projects. If a project began with a simple description in the CIP, the schedule, budget and details of the project would continue to be developed over time. Council President Petso observed it appeared the Council would not see a project after design until it has already gone out for construction bids and staff is ready to award the bid. If a change needs to be made at that point, how much does it cost to go to bid. Mr. Williams responded it is typically a low cost, just advertising. Council President Petso expressed her appreciation for Mr. Williams' responses, commenting her reading of the policy did not match Mr. Williams' explanation. Mr. Williams explained there is no proposal to change the $100,000 threshold for Council approval of contract award. Councilmember Bloom referred to language on page 5, "If the project is not included in the current City Council Approved budget or CIP, the City Council must authorize the call for bids for a project estimated at $100,000 or more." She asked for an example of a project that is not included in the CIP. Mr. Williams responded it would be a modest project, for example a placeholder in the CIP for citywide improvements to storm systems. The list of miscellaneous, small projects would be refined over the year and under the proposed revisions, Council authorization to go to bid would not necessarily be required. Councilmember Bloom relayed her understanding of Mr. Williams' explanation that the specific project would not be described in the CIP but the overall project would be such as improvements to storm systems. Mr. Williams answered yes, explaining there are several placeholder amounts in the CIP each year for which the specific project details are not included. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE ITEM K. MOTION CARRIED (6-1), COUNCIL PRESIDENT PETSO VOTING NO. 4. AUDIENCE COMMENTS Mike Schindler, Edmonds, spoke regarding the Harbor Square Master Plan. He thanked Councilmember Bloom for being the catalyst to initiate public debate although he disagreed with her us/them approach. As an Edmonds resident and business owner, he encouraged the Council to be opened mind enough to focus on the goal of building a better Edmonds. Such a goal requires leadership, status quo is unacceptable and ways to improve should be sought. The Council has an opportunity with the Port decision to display the type of leaders they are; whether they viewed the Port as a client, someone who has shown commitment to process, has contributed to the community financially and personally or simply that the Port needs to submit to the Council's will and if the Council does not like what they do, they need to start over. He summarized leaders find a way to win; in this instance the team is Edmonds and that includes the Port. He encouraged the Council to find a way for everyone to win. The financials for the Port project indicate it will help insulate citizens from higher taxes. If the Master Plan fails, the Council is condemning citizens to higher taxes. Dave Page, Edmonds, explained he missed Mayor Earling's State of the City Address to attend his mother's 95th birthday. He relayed feedback from those who had attended, that Mayor Earling hit it out of the park. He commented Edmonds is about to define itself as a city. The upcoming November election and the subsequent election will have much to do with the way the cookie crumbles in Edmonds. He assured higher taxes will be required because the City cannot survive in the future on the revenue it generates today. If the intent is to curtail economic development as some people seem to want to do, even Edmonds City Council Draft Minutes March 19, 2013 Page 3 Packet Page 6 of 411 higher taxes will be required. He noted citizens should be glad to pay higher taxes to help the City provide services. He encouraged citizens to back candidates and/or encourage citizens to run for office. Roger Hertrich, Edmonds, referred to the Harbor Square Master Plan, relaying his understanding that there was no longer a Port proposal and the City was now playing a game of design and redesign. He noted a great deal of information was included for this meeting that the public has not seen before. He expressed concern with this meeting being called a continued Harbor Square hearing and suggested it could only qualify as a continued hearing if the Council denied the Port's proposal. As the materials created by staff and Council comments were new information, he recommended holding a new hearing to give citizens an opportunity to explore the new ideas. If the intent was a City -initiated plan for Harbor Square, he recommended it begin with review by the Planning Board. Mayor Earling advised Agenda Item 7 is not a continued hearing but rather a continued discussion. Phil Lovell, Edmonds, expressed support for the Port of Edmonds' request to modify the applicable sections within the City's Comprehensive Plan incorporating their submitted master plan. Approval of the Master Plan represents only the first step toward further detailed approval processes by the Port, City, and public should the Port engage a developer/builder(s) and any specific project(s) proposal. He recognized the Port's originally submitted plan is subject to modification by the Council, and recommended the tenor and scope of such revisions preserve as closely as possible the original concepts within the Port's plan. He offered the following: • The concept plan submitted by the Port meets the requirements and design guidelines set forth within the City's Comprehensive Plan. The Comprehensive Plan for the Harbor Square area already supports mixed use including residential and taller buildings while also respecting and supporting other desirable land use aspects for this property. Concurrence with these aspect are also well spelled and supported within the Port's Plan • There is a great deal of public support for the Port's Master Plan for Harbor Square. This is supported by Action Plan Number lb.3 in the City's recently completed Strategic Plan which ranks Harbor Square redevelopment "Very High" in priority. The final draft of the City's new Strategic Plan states: "Review and approve a long term master plan and agreement for the Port of Edmonds Harbor Square property that enhances the waterfront environment, public access, and promotes mixed use development." • Regardless of the format and content of a finally approved plan, the result should reflect the following: o Adherence to current provisions within the City of Edmonds Comprehensive Plan o Support by the Port for continuing efforts by their organization to pursue redevelopment potential and activity in accordance with the approved master plan, and o Flexibility in content and tenor necessary to attract a high quality development proposal leading to a development agreement to achieve the reality of the plan and fulfillment of the City's Strategic Plan goal referenced above. 5. PUBLIC HEARING: PROPOSED ORDINANCE AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF REAL PROPERTY INTERESTS NEEDED FOR THE FIVE CORNERS ROUNDABOUT PROJECT Public Works Director Phi Williams explained as has been discussed in executive session before placing this on the Council agenda, the Five Corners Roundabout project requires the City to purchase five small pieces of property to facilitate construction of the improvements as well as acquire temporary construction easements. Negotiations are underway with all five property owners; one property owner has agreed to an offer made by the City. This is a parallel track, requesting the authorization from the Council to use the power of imminent domain should it be needed; it does not obligate its use and staff would not want or choose to use it as long as discussions are moving forward productively and progress is being made. Authorization gives staff the tool but does not oblige that it be used. Edmonds City Council Draft Minutes March 19, 2013 Page 4 Packet Page 7 of 411 Councilmember Buckshnis advised the Planning, Parks and Public Works Committee reviewed this topic and recommend approval to keep the project on track. Councilmember Bloom observed the materials provided state that negotiations are underway and they are proceeding well. Mr. Williams agreed so far there have been very good discussions with all property owners, some are more engaged than others. One property owner has agreed and there are indications another property owners is ready to sign documents. Conversations with the other three are proceeding well. Councilmember Bloom asked why it was appropriate to have a condemnation process available if negotiations are going well. Mr. Williams answered it is a timing issue; the project has a schedule and staff is doing their best to stay on the schedule. There have been some challenges identified recently with regard to the schedule. It would take at least 1 — 1'/2 months to ask Council for this authorization if it were requested after negotiations break down. He explained municipal government can utilize condemnation as long as there is necessity for a public project but there is a process to obtain Council authorization to use it. He assured condemnation would not be used as long as negotiations are moving forward. Councilmember Bloom asked how the price for each property is determined. Mr. Williams answered there is a budget for right-of-way acquisition, most of those funds were provided via a federal grant. Offers have been made to all five property owners; there has not been any indication that the offers are completely inadequate. Councilmember Bloom relayed her understanding the amount was fair market value established by someone other than City staff. Mr. Williams explained both sides can have their own appraiser. The City has a contract with Universal for the right-of-way acquisitions; Universal has done the majority of the contact and discussions with property owners. Staff has been involved peripherally to ensure the consultant is aware of the City's limitations in the process. If the property take is less than $25,000 an appraisal is not required. The owner has the right to have an appraisal at no cost to them. A second appraiser checks the first appraisal to ensure it is reasonable. The federal guidelines are strict with regard to paying fair market value. Mayor Earling referred to written testimony submitted by an audience member and requested she provide her name to the Deputy City Clerk. He advised the information she submitted would be copied and distributed to Councilmembers. Mayor Earling opened the public participation portion of the public hearing. Al Gosiack, Edmonds, representing Northlake Investment Corporation, the owner of the property on the northeast corner of the Five Corners intersection including the Edmonds Veterinarian Hospital and other buildings, explained he contacted Mr. Williams in December 2011 to discuss the concept of the roundabout. After hearing the proposed concept and assurances that the City planned a collaborative process, he offered a letter of support at that time. On February 14, 2013, fourteen months later, he first learned the impact to their property when he received an appraisal from Universal, the City's property acquisition contractor. He was surprised to learn the significant and material impact on their redevelopment plans without any opportunity earlier in the process to discuss potential issues with staff as he was originally led to believe. Before he had an opportunity to completely understand the impact of the project on their property or resolve questions with City staff, he asked by Universal today to provide a counteroffer. He requested the City give them the time to discuss their concerns without immediate and pressing deadlines and to work collaboratively to find sensible solutions that meet their needs and collective desire for community improvement. He requested this hearing be continued to allow staff adequate time to understand and respond to the issues they have tried to raise. Edmonds City Council Draft Minutes March 19, 2013 Page 5 Packet Page 8 of 411 Hearing no further public comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Fraley-Monillas asked whether the hearing could be continued to allow staff to speak with the property owners in the northeast corner of the Five Corners intersection. Mr. Williams answered there have been discussions with Mr. Gosiak regarding the approach he would like to take with regard to the valuation for the property and his potential future development plans and he intends to continue meeting with Mr. Gosiak. That was independent of the action being requested tonight. He anticipated discussions with Mr. Gosiak would continue and be productive at the end. The request is to have a tool available if negotiations break down. He assured no deadlines have been established to resolve the issues. A meeting is scheduled with Mr. Gosiak tomorrow at 3:00 p.m. to continue discussions. Councilmember Fraley-Monillas asked if there was a need to approve this tonight. Mr. Williams answered it is a timing issue. Councilmember Fraley-Monillas asked if a month would be enough time. Mr. Williams did not anticipate the parties were so far apart that resolution could not be reached. As long as Mr. Gosiak was available for discussions, he anticipated the process would go well. Council President Petso asked whether it could be wrapped up in a week or two. Mr. Williams was not certain. He stressed how discussions take place and ensuring the property owners is aware of all their rights under federal law is a heavily procedural part of federal law; the consultant is an expert in that area. He anticipated the negotiation process would continue. He relayed Mr. Gosiak has described his future hopes for the property; it has been a family -owned asset for a long time and there are no plans to sell it. The take on this property is 1,753 square feet. With regard to Mr. Gosiak's concerns regarding how long the process took, Mr. Williams explained there could not be any productive discussions with property owners until the design was completed and the necessary right-of-way acquisition was identified. Once the amount of the take was known, it was appraised and the property owners were contacted. Councilmember Buckshnis commented the time delay was to allow staff to get "all your ducks in a row" before the appraisals could be done and the property owners contacted. She asked whether this was the largest acquisition. Mr. Williams answered it is the largest, 1,753 square feet; the total parcel is 41,200 square feet. The other acquisitions are approximately 1,183, 140, and 800 square feet. Councilmember Buckshnis asked if there has been any opposition from the other property owners. Mr. Williams answered there primarily have been questions, not only financial but the location of trees, the design, etc. Councilmember Buckshnis observed this is a tool; Council approval does not mean staff would immediately initiate imminent domain but would still work with property owners. If there were continued disputes and the project had to move forward, the tool could be utilized. Mr. Williams agreed, assuring he preferred to work with property owners. If negotiations break down in a way that is apparent to both parties, the use of this tool would be indicated. There are no immediate indications this tool will be necessary. Councilmember Buckshnis observed it is part of the process. Mr. Williams responded it is a timing issue if authorization is not sought until negotiations break down; it is better to have the tool in place in case it is needed. Councilmember Johnson asked about a potential change in the construction schedule. Mr. Williams answered there is a lot of pre -work on this project such as on underground utilities and undergrounding overhead utilities, in addition to the surface construction of the roundabout. It will be difficult to do all Edmonds City Council Draft Minutes March 19, 2013 Page 6 Packet Page 9 of 411 that this year. If all the work cannot be done this year, further discussions will be necessary to determine the schedule such as delaying until next year or splitting the project into two. Councilmember Bloom asked whether this item could be delayed as requested by the property owner to allow more time for negotiations. Mr. Williams answered that can be done but it is not his recommendation. This is simply granting the use of a tool if it is needed. He hoped it would not be needed. As long as conversations are proceeding and progress is being made, he saw no need to use it. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ORDINANCE NO. 3916, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF REAL PROPERTY INTERESTS NEEDED FOR THE FIVE CORNERS ROUNDABOUT PROJECT. Councilmember Bloom relayed she would vote against the motion. She was comfortable with doing a preparation for property acquisition in advance of the negotiations. Councilmember Buckshnis asked if a 1-2 week delay would be problematic. Mr. Williams answered it would not make a big difference. Councilmember Buckshnis observed from Mr. Gosiak's testimony, it appeared negotiations were just beginning. She preferred to wait 1-2 weeks to work through any issues. Mr. Williams assured staff does not want to use condemnation because it feels like an unfriendly process. From a property owners' perspective, there are some advantages when condemnation is available. Staff's goal is to be very reasonable and the consultant has been instructed to be reasonable and fair, look for fair market value and reach a negotiated settlement. He promised condemnation would only be used if it became necessary. Councilmember Peterson relayed the ordinance states authorizing the acquisition by negotiation or condemnation. This is part of the process and is not authorizing condemnation. As Mr. Williams stated, there are two separate issues. He asked Mr. Taraday to comment on the advantages of condemnation. Mr. Taraday referred to WAC 458-61A-206(3) Excise Tax Exemption; explaining REET excise tax is not paid by a property owner transferring property under threat of condemnation. Property is not under threat of condemnation unless the Council adopts this ordinance. There also may be federal tax advantages. Council President Petso commented it was short notice having only heard from the property owner for three minutes and then authorizing staff to perform condemnation if needed. She suggested delaying this until the April 16 meeting which would provide the property owner 30 days to work with staff and/or contact Councilmembers. Councilmember Fraley-Monillas expressed her support for the process. She expected a rigorous, quick negotiation process between all parties. She invited property owners to contact Councilmembers to get meetings scheduled. Mr. Williams responded it is not a good idea for Councilmembers to have contact with property owners because the federal rules regarding property acquisition are very rigid. Councilmember Fraley-Monillas agreed the negotiations were not the Council's business; she wanted to know from property owners if the City is not moving quickly. Mr. Williams clarified the intent was not to put pressure on property owners to make a quick decision and he apologize if this property owner felt that way. Councilmember Johnson spoke in favor of the motion, commenting it is a very standard procedure and authorizes negotiation and condemnation. Councilmember Bloom reiterated her preference to delay for a few weeks. Edmonds City Council Draft Minutes March 19, 2013 Page 7 Packet Page 10 of 411 UPON ROLL CALL, MOTION CARRIED (5-2), COUNCILMEMBERS YAMAMOTO, FRALEY- MONILLAS, BUCKSHNIS, PETERSON AND JOHNSON VOTING YES; AND COUNCIL PRESIDENT PETSO AND COUNCILMEMBER BLOOM VOTING NO. 6. PARKS STAFFING AND BUDGET AMENDMENT REOUEST Parks & Recreation Commission Carrie Hite explained the Parks Department made significant cuts over the past two years, including 1.5 FTE and all seasonal in 2013. After two months, the pressure is being felt by office staff and following a job analysis, it was determined another 0.5 FTE is needed. She requested reinstatement of the 0.5 FTE that was cut from Parks office staff. The one-time April 1 — December 31, 2013 cost is $24,000. She will identify how to fund it in the 2014 budget. Due to under - spending and generating more revenue than anticipated, the Parks Department left approximately $200,000 in the budget in 2012. She requested authorization for a budget amendment for $24,000 funded from the carryover from 2012. Mayor Earling explained an already reduced staff was reduced by 9 this year. In a comparison of staff to population in other cities in the Puget Sound region, Edmonds has one of the lowest staff per capita ratios. Although there were good intentions to spread the workload, this is becoming a problem in other departments. Councilmember Fraley-Monillas expressed her support for reinstating the 0.5 FTE, relaying Ms. Hite presented this to the Finance Committee. Although there were good intentions, the cuts are have made too much impact and work is not being done. She expressed her appreciation for the cuts Ms. Hite made, recalling she made more cuts than required. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE A BUDGETARY REQUEST TO REINSTATE .5 FTE PARKS SR. OFFICE SPECIALIST. Councilmember Johnson relayed her understanding a part time staff would be restored to full-time. Ms. Hite answered a full-time office staff was given a 0.5 layoff notice due to budget cuts. According to SEIU and union labor rules, that person must be recalled first. Councilmember Peterson expressed his support, recalling the agenda packet mentioned the possibility of decreased revenues without the restoration, impacts on staff morale and potential future staff departures. MOTION CARRIED UNANIMOUSLY. Mayor Earling declared a brief recess. 7. CONTINUED DISCUSSION ON THE PORT OF EDMONDS REQUEST TO INCORPORATE THE HARBOR SQUARE MASTER PLAN INTO THE CITY'S COMPREHENSIVE PLAN To the question why the Port's Master Plan was an attachment to the packet, Mayor Earling explained staff attached it as a point of reference, not as the plan the Council was currently, necessarily working on. He relayed he had been contacted by Councilmembers Buckshnis and Councilmember Johnson who wanted to make motions prior to tonight's discussion. As he heard from Councilmember Buckshnis first, she will speak first. Councilmember Buckshnis offered to clarify the intent of the Council's deliberation tonight. Many emails and telephone calls she has received indicate there is confusion with the upcoming deliberation process. She explained it is clear the citizens of Edmonds assign great value to downtown building height Edmonds City Council Draft Minutes March 19, 2013 Page 8 Packet Page 11 of 411 limitations. In her opinion, it was with great arrogance the Port put forward a development plan requiring a Comprehensive Plan amendment that would significant change the height limits with no guarantee to citizens regarding what they would receive in return for this non -monetary capital. The downtown height limits provide inherent value to many citizens and they deserve to know the return they will receive for the lost value. Promises draped around fluffy language regarding environmental sensitivity and open space is not enough, the only specifics in the Port's plan were heights and setbacks. Councilmember Buckshnis stated tonight is an opportunity to discuss parameters for the Harbor Square Development Plan based on a staff prepared draft utilizing information obtained from each Councilmember. She hoped to move the discussion within the community away from the emotion, speculation and fear of opposing sides and begin to address the non -monetary capital. The community deserves to understand what has and can be achieved with private -public partnerships that work through the use of incentives. Incentive zoning may be a valuable approach to building consensus and ensuring the development that occurs is desirable and moves the community forward and non -monetary items are exchanged and discussed. For example, she would be willing to listen to 5-10 foot height increase in exchange for a significant amount of money for restoring the marsh. Even though she was a strict height person, she was also a strict environmentalist. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO WORK WITH THE STAFF -PROVIDED DRAFT OF THE SUBAREA PLAN KNOWN AS HARBOR SQUARE AS A BASIS TO DEVELOP A NEW PLAN. Council President Petso commented she was not prepared to move any draft ahead without discussion. The agenda item was noticed without an action, but rather a discussion with the intent of working toward a final draft. The draft in the packet is labeled discussion draft. She will oppose the motion in hopes of hearing the staff presentation and having an open discussion. Councilmember Fraley-Monillas commented although she has been reviewed this, she was not ready to take a vote on it. She noted four Councilmembers have provided input into the Harbor Square plan, input that was only provided to Council in the last day or two. The Councilmembers' input is incorporated into the issue table but neither she nor the citizens have had an opportunity to review the Councilmembers input. She preferred to continue the discussion. Councilmember Buckshnis explained her intent was to clarify that the Council was no longer working off the Port's Master Plan. The motion simply states the Council is no longer looking at the Port plan. Mayor Earling clarified the motion is to focus on the staff -provided draft. Councilmember Yamamoto explained the staff -provided draft was developed using Council and citizen comments. He liked many of the options but was unsure the Port would. He expressed his support for the motion. Councilmember Fraley-Monillas advised neither the Council nor citizens have had an opportunity to review the proposal from four Councilmembers as they were just provided yesterday and today and many of the comments were new. She was not comfortable with proceeding as much of the material had not yet been discussed. Councilmember Peterson clarified the motion is not to approve the document; it is simply to use the staff - provided plan as a starting point and the basis for further discussion. This seems a very reasonable way to show the process was working, that compromises have been identified, language has been changed, etc. Edmonds City Council Draft Minutes March 19, 2013 Page 9 Packet Page 12 of 411 To Councilmember Fraley-Monillas's comment that only four Councilmembers have had input, Mayor Earling explained staff has tried to incorporate any/all suggestions into Exhibit 3. That document was provided in the Council packet Friday. He suggested starting the discussion with Exhibit 3. Councilmember Buckshnis clarified the issue she was trying to address was that many citizens still think the Council is working off the Port's Harbor Square Master Plan. Via her motion, she wanted to make it clear that the Council was no longer considering the Port's original plan. Council President Petso agreed a good place to start would be Exhibit 3. She preferred to see staff's presentation and begin discussion. Councilmember Bloom did not see the point of making a motion prior to discussion. The only thing that seems to have been excluded is Exhibit 4, Council President Petso's revised downtown master plan. Other than a clarification that the Council was not working off the Port's Master Plan in Exhibit 1, she was uncertain a motion was needed. Councilmember Fraley-Monillas preferred to hear the staff presentation before taking a vote. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS JOHNSON, PETERSON, YAMAMOTO, AND BUCKSHNIS VOTING YES; AND COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS BLOOM AND FRALEY-MONILLAS VOTING NO. Councilmember Johnson commented staff has done an outstanding job of summarizing the issues. As she was interested in listening to Councilmembers' discussion of the issues, to facilitate an efficient discussion she suggested after the staff presentation, the Council work through each issue in a round-robin format and only after discussions have been completed, begin making motions on individual parts. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO POSTPONE ANY MOTIONS ABOUT HARBOR SQUARE PLAN ADOPTION UNTIL THE CITY COUNCIL COMPLETES DISCUSSION OF ALL THE ISSUES. MOTION CARRIED UNANIMOUSLY. Senior Planner Kernen Lien reviewed the process thus far: • Port of Edmonds' process • Planning Board review City Council review o Public Hearings o Continued deliberations At the last Council meeting regarding the Harbor Square Master Plan, Council directed staff to revise the Harbor Square Master Plan to reflect public comments and Council discussion during the public hearings and deliberation and Councilmembers have also submitted ideas to staff for consideration in a revised Master Plan. He commented on tonight's meeting materials: • Staff has provided a modified draft plan, responding to Council's request for a version that reflects public comments and Council discussion • Modified plan is contained in Exhibit 2 o Rob Chave is the principal author of the revised plan • Harbor Square Master Plan Issue Table in Exhibit 3 o Summarizes the ideas and comments heard by staff and where these are addressed in the revised Master Plan Edmonds City Council Draft Minutes March 19, 2013 Page 10 Packet Page 13 of 411 o Addresses the 14 specific recommendations forwarded by the Planning Board and how they have been addressed in the revised Master Plan • The Port's original proposal is provided for reference and comparison in Exhibit 1 • Two Councilmembers specifically requested their comments be included in the agenda item for tonight which are Exhibits 4 and 5 Mr. Lien commented on the revised Subarea Plan: "Subarea" plan reflects unique status and location, consistent with Planning Board recommendation A more conceptual plan, emphasizing a variety of concepts available for future development. These concepts are highlighted on page 2 of the subarea included ideas such as: o Multi -use public space that offers opportunities for community gatherings and events o Focus on planning for and attracting employers and businesses who could provide a stimulus to the local economy and that take advantage of the site location. o Emphasize a mix of uses that contribute to an active subarea, which should focus on its location and potential for connections between the marsh, waterfront and downtown. Does not lock in a single development scheme, but rather leaves the door open for a number of possible development opportunities Reflects as many comments as possible o Many of the comments and ideas submitted by Councilmembers and heard during the public hearing process are conflicting. Exhibit 3 from tonight's agenda memo summarizes the issues raised during the public process and how they are addressed in the revised subarea plan The revised Master Plan/Subarea plan is a first effort by staff to incorporate as many comments as possible. He recognized the Council just received this at the end of last week and has not had much time to digest this draft. The intent tonight is that Council begin discussions on the revised subarea plan and provide feedback to staff to move forward with potential revisions to the plan for Harbor Square. Mayor Earling requested Councilmember Johnson clarify her suggestion. Councilmember Johnson explained her intent was to encourage an open and frank discussion without the need to make motions. She suggested thoroughly discussing each of the issues in Exhibit 3 before proceeding to the next issue. The Council was agreeable to this process. Residential Uses Councilmember Buckshnis was impressed and pleased with what staff prepared. She did not see where residential would fit with Dayton and the new marsh setbacks. However, she was very supportive of affordable housing which includes dense, small units. She recognized it is a balance and compromise. She was open minded about residential uses particularly affordable housing, pointing out access to the train, ferry, etc. would be very advantageous to young families. Councilmember Peterson also recognized staff for developing this plan and the Port for starting the process. He was in favor of limited residential uses. Early in the process he thought this could be a residential -driven area but via discussions, he recognized the other side and that there is a compromise to be made. He supports affordable housing, noting Edmonds is prime for that type of development, smaller units for people who are downsizing from single family homes and its proximity to transportation provides a great opportunity for young professionals. He noted much of the residential in the Port's original plan had a view of the marsh which provides a built-in support network. The marsh is a financial investment for those who have purchased homes that have a view of the marsh as well as an emotion connection. That is one of the reasons Edmonds is a leader in environmental issues because residents' see Puget Sound every day. He encouraged residential uses that take advantage of the view of the marsh, anticipating many new residents would be interested in joining Friends of the Edmonds Marsh. He agreed Edmonds City Council Draft Minutes March 19, 2013 Page 11 Packet Page 14 of 411 there was a balance between environmental issues and residential uses. He also supported allowing some of the existing businesses to shift to other parts of the development while still flourishing. He summarized there is space for residential uses and he was hopeful a developer would be interested in that concept. Council President Petso commented one of the difficulties she had was the desire to create a destination on this site as stated in the Comprehensive Plan; however, residential was not a destination for anyone other than the residents. She questioned how affordable housing other than subsidized housing could be constructed on this site. If residential uses are allowed, she suggested it be on the northern end due to the geologic hazards on the site. She also suggested limiting the square footage that would be devoted to housing. She suggested 20% but recognized it could be anything. Councilmember Bloom relayed her strong belief that residential was incompatible with a destination. The goals in the City's 2005 Downtown Waterfront Plan for the Downtown Waterfront Activity Center include promoting downtown Edmonds as a setting for retail, office, entertainment, and associated businesses supported by nearby residents and the larger Edmonds community and as a destination for visitors throughout the region. The 2012 Comprehensive Plan contains the same wording. She referred to page 55 of the Comprehensive Plan that states this area is appropriate for design driven master plan development which provides for a mix of uses and takes advantage of its strategic location between the waterfront and downtown. Situated in the bottom of the bowl can enable a design that provides for higher buildings outside current view corridors. She stressed there was nothing in the Comprehensive Plan about residential. Councilmember Bloom advised the proposed plan includes residential which creates an urban village. There is nothing in the Comprehensive Plan about an urban village. The zoning of Harbor Square is General Commercial, does not include residential and the code states no residential, no places of employment and no places of public assembly can be constructed without appropriate geotechnical studies. She did not feel there was consistency between an urban village in any form and a destination, pointing out no one goes to an urban village as a destination. Councilmember Bloom agreed with Council President Petso's concern about the ability to provide any affordable housing on the property. The Port's original feasibility study did not take into account the cost to make the building earthquake safe. She summarized the idea that any housing on the site could be affordable was unrealistic. Councilmember Buckshnis commented the intent was to identify parameters; they may or may not work. She referred to units above Trader Joes and Target stores that work and those are destinations. There is also the potential for live -work units. She summarized many things can be done creatively but that comes after a decision regarding mixed use that may include residential. Councilmember Fraley-Monillas expressed interest in a destination such as a hotel zone where there would be a variety of boutique hotels. She had concerns with this process, fearing the result would simply be argument back and forth. Councilmember Johnson commented when she first saw the plan proposed by the Port, the majority, approximately 60%, was residential with the assumption of vacant land. However, the existing and future development needs to be considered. With regard to residential uses, she noted there is not a big difference between people who stay in a hotel or in their own residence. She relayed some people are ready to move to a condominium on this site; the views of the water and marsh make it ideal for residential at a higher level. She agreed with Councilmember Peterson's comment that ownership would provide eyes for the marsh. A business park with 9-5 residents does not provide a complete community; the intent is to enhance the community. With regard to parking, residential can complement and use less Edmonds City Council Draft Minutes March 19, 2013 Page 12 Packet Page 15 of 411 parking than other land uses. She questioned how the Council could control the percentage of residential that would be allowed in a proposed development. Council President Petso commented if the Council could not control the percentage of housing, she would be satisfied with no housing. She disagreed a hotel use was similar to a residential use; people staying in a hotel are much more likely to spend money in the community, particularly at restaurants, than people living in residential units. A hotel use may provide advantages for area merchants. She asked how affordable housing could be provided and if it could not, she would support no housing. Councilmember Peterson commented there are a number of ways the City can create affordable housing such as limiting the square footage of a unit as a smaller unit is less expensive. The City can, via a development agreement or incentive zoning, require a percentage of the housing to be available for under market value. City Attorney Jeff Taraday agreed there are ways to do that. Councilmember Peterson commented it is done to provide diversity in many communities including very expensive neighborhoods in Seattle. He recalled Councilmembers who stated they were interested in creating more diversity. Councilmember Peterson reiterated the Council has the ability to create affordable house and can do it in any multi -family zone. One of the keys to being an environmentally sustainable community is giving people options for transit. The train station, bus routes, and the ferry, provide multiple transportation options and he supported residential uses that could take advantage of those options. He looked forward to a creative compromise that did not hamstring development. For example, flexibility that would allow a developer to build a hotel if that was feasible. He noted one of the new waves in hotels is a combination of hotels and residences. He agreed a boutique hotel would be fantastic addition but residential does not preclude a hotel. Councilmember Buckshnis suggested Snohomish County Tomorrow provide a presentation to the Council on affordable housing. Affordable housing can be smaller units geared toward youth. Councilmember Yamamoto spoke in favor of residential uses including affordable housing. The Downtown Master Plan calls for mixed use and the Shoreline Master Plan allows for residential. Residential uses will provide revenue and mixed use will bring people to the area. Until a developer creates a plan, this is all speculation. Councilmember Fraley-Monillas pointed out the downtown near waterfront area is not the only area for affordable housing. She suggested Highway 99 would be a more suitable place for affordable, transit oriented housing. Councilmember Bloom commented an urban village, which is what housing would create, is not consistent with a destination. Since at least 2005 Edmonds citizens have envisioned a destination for that area. There is already a mix of uses including restaurants and commercial. Adding residential uses goes in a different direction from destination, requiring uses to cater to the needs of the residents. She questioned someone wanting to live in a residence with a rooftop restaurant above or a retail store below. Residential will also require parking, limiting the amount of parking for visitors who will spend money in the City. The Port is asking to change the Comprehensive Plan as well as the zoning and to allow residents even though the code says nothing greater than 2500 square feet can be approved without a geotechnical study. If the Council insists on pursuing residences, she will insist the Planning Department present all the information to the Planning Board so they can determine what that means and what the real cost of building will be in terms of infrastructure, seismic hazards, the floodplain, shading of the marsh, etc. Councilmember Bloom pointed out there is a link between housing and height. The Port has said they need a certain number of residences and height; the retail, paths and bikeways are only an afterthought. If Edmonds City Council Draft Minutes March 19, 2013 Page 13 Packet Page 16 of 411 the Council agrees to residential uses, the Council is agreeing to increased heights and making this an urban village rather than a destination. A destination could be created under the current code. Councilmember Johnson referred to places that she considers destinations such as Granville Island in Vancouver, a place that has hotels, jobs, and live -work artist spaces so that visitors can see the artists at work. Another example is a workspace project in Everett, adaptive reuse of an old industrial building for artists to live and work. She agreed this could be a destination with many public amenities that draw on the environmental resources of the marsh, the arts and culture and historical aspects of Edmonds. She supported continued discussion regarding residential uses. Council President Petso commented one of the criteria for a Comprehensive Plan amendment is it maintain the appropriate balance of land uses in the City. Duplicating existing residential stock probably does not meet that criteria; live -work options may, smaller units may not. Mayor Earling relayed in conferring with Council President Petso, it was determined a 11/2 hour discussion regarding the Harbor Square plan can be scheduled on next week's agenda. Height and Bulk Council President Petso relayed her first concern is bulk provisions because neither the Port's plan nor this plan include any bulk limitations. Bulk limitations would be valuable for preserving the small town character and quality that people think of in downtown Edmonds. Although there is some effort to make large bulk buildings look smaller by modulating the fagade but there does not seem to be anything to prevent a building stretching the entire length of Dayton Avenue. She suggested limiting the bulk of specific buildings. With regard to heights, Council President Petso observed citizens were not interested in 55-foot heights but anticipated citizens would find 35 feet acceptable as that is the current height limit. She commented the current 35 foot height limit was bought via a contract rezone. She suggested using incentive zoning between 25 and 35 feet rather which she expected would cause less public outrage than the Port's initial proposal. Councilmember Buckshnis questioned why Councilmembers continue to refer to the Port's proposal. The staff -provided plan is what is currently being discussed. She referred to non -monetary assets, pointing out the marsh would not clean or restore itself. The only way to restore the marsh is via a private -public partnership which requires incentives such as height, affordable housing or residential. She spoke in favor of a collection of incentives options so citizens can see why things are being given away. She noted if a developer provided $1 million to restore the marsh, she might consider an additional 10 feet in building height. The current Harbor Square fagade is 40 feet. She did not want to close the door and be stuck at 35 feet forever and she did not want to be the Councilmember that turned away from the marsh. Councilmember Bloom supported Council President Petso's suggestion that the maximum height be 35 and possibly allow incentive zoning from 25 to 35 feet. Citizens have been clear regarding where they stand on height and she did not feel the Council should ignore years of comments, input and elections. When the plans were presented to the Citizen Group of 33, nearly every resident who commented said do not change the code, meaning do not add residences or increase the height. She felt the Council needed to honor what citizens have wanted for many, many years. With creativity, a destination can be developed without residences at the current height. Councilmember Peterson commented he also served on the Group of 33 but the difference in recall made it seem like he and Councilmember Bloom were at different meetings. He did not recall the Group of 33 was adamant about not making changes. Councilmember Bloom clarified it was the citizens who Edmonds City Council Draft Minutes March 19, 2013 Page 14 Packet Page 17 of 411 responded to the consultants' proposals, not the Group of 33 themselves. Councilmember Peterson pointed out the Group of 33 were 33 citizens. Councilmember Peterson agreed it was time to get creative and some of that creativity comes at a price. The marsh is an incredible resource; it will take a lot of money and a lot of creativity to determine how to restore it. That can be achieved by encouraging responsible development where the Council and community dictate how things are done. That may be accomplished with a limited number of buildings at 45 feet in locations where views will not be affected. The current Harbor Square fagade is 40 feet and citizens are not protesting. There are many reasonable voices that understand giving a little is required to get something. Edmonds is on the forefront of many environmental issues, from coal trains to plastic bags and protecting the marsh. Edmonds is willing to take a stands but it comes at a cost. Utilizing the marsh's environmental beauty and educational opportunity for a destination via some concessions would be a great opportunity. Councilmember Fraley-Monillas commented she was fortunate to get some education from a citizen well versed in incentive zoning and she learned it can bring great things to the City. She was willing to consider incentive zoning for bulk. During her extensive travels over the past 11/2 year to four foreign counties and all over the United States she has looked at what makes cities prosperous and look good. She found it was not the tall buildings that create a warm environment, it was the street fagade. She anticipated great incentive zoning for bulk could be developed for Harbor Square. Councilmember Yamamoto commented a lot can be done to get green buildings and open space and to restore the marsh and streams. It may be necessary to give up a few feet of height to achieve those. Incentive zoning requires a tradeoff. Whether building heights are 40 or 45 feet, a developer's plans will show what it looks like. Council President Petso reiterated her desire for incentive zoning between the former height limit of 25 feet and 35 feet, the height limit under the contract rezone. She requested the Council exhibit some restraint with regard to incentive zoning as the City does not have a strong record of success with incentive zoning. She referred to a building on SR 104, constructed under incentive zoning, that called for an LID feature if feasible which does not appear to have been provided. It also called for parking enclosed within the building but cars stick out of the building a couple feet. As Mr. Taraday pointed out, there needs to be an appropriately valuable incentive in order to compensate the public for what they give up. If done in a careless, laundry list type fashion, she feared it will come back to bite the Council. She preferred not to do incentive zoning but if incentive zoning was adopted, she suggested using the distance between the prior base height and the contract rezone height as an incentive. Councilmember Johnson asked whether the City could change the parameters of the contract rezone to allow for incentive zoning between 25 and 35 feet. Mr. Taraday answered yes, the Council could zone the property however it wanted. He referred to Council President Petso's comment that the 35 foot height was "bought" via a contract rezone. In a typical contract rezones, it is not incentive zoning such as the City allows 35 feet in exchange for an amenity. The property owner is allowed zoning in exchange for a promise not to develop certain uses that are otherwise allowed in the zone. For example, if the zoning is CG and there are 20 permitted uses in the zone, the contract rezone may limit the property owner to only 10 of the uses. In this instance, the City is starting from scratch at the Comprehensive Plan level and the current zoning on the property is irrelevant. The future zoning must be consistent with the ultimately adopted Comprehensive Plan. Councilmember Buckshnis asked staff to respond to Council President Petso's comments regarding incentive zoning used in a development on SR 104. She was aware there had been some contract rezones but was not aware there had been any incentive zoning. She asked how a contract rezone differed from Edmonds City Council Draft Minutes March 19, 2013 Page 15 Packet Page 18 of 411 incentive zoning. Acting Development Services Director Rob Chave answered a contract rezone typically places limitations which is not incentive zoning. The incentive zoning Council President Petso alluded to was a privately sponsored rezone that occurred on SR 104. Technically they did do an LID feature on the property and they did provide parking under the building at the standard City parking dimensions. Whether the entire vehicle fits under the building is beyond the scope of the dimensions. It technically met the requirements of the zone and the zone was configured like an incentive zone. At Council President Petso's suggestion and with the Council's agreement, the Planning Board is considering the specific provisions in that zone. Councilmember Buckshnis asked if that project came to the Council. Mr. Chave answered it did, it was a standard zone with incentive provisions. The incentive zoning that is being considered is part of the form based code for Westgate and Five Corners. For Councilmember Fraley-Monillas, Mr. Taraday explained once changes are made to the Comprehensive Plan, the Council can adopt any zoning that is consistent with the Comprehensive Plan. The current zoning or the contract zone does not limit what the Council can do. The only requirement is that future zoning be consistent with whatever changes are made to the Comprehensive Plan. For Councilmember Fraley-Monillas, Mr. Taraday said he personally felt incentive zoning worked very well as long as the City had a good lawyer, like him, to assist them. There are instances in the City's code where there is sloppily drafted language that does not function well. Incentive zoning requires more careful drafting than regular zoning and there can be unintended consequences if not carefully drafted. He was confident in his ability to get the Council what they wanted. Councilmember Fraley-Monillas commented people typically think of height as an incentive but it actually can be many things such as expedited permitting in exchange for LEED development. Mr. Taraday commented the longer the list of "goodies" a developer can provide, the more complex it becomes. Having fewer things on the wish list makes it easier to draft bulletproof language. Buffers, Setbacks and Other Environmental Issues Councilmember Buckshnis commented she had no problems with this. She plans to recommend changes to the Shoreline Master Program (SMP) regarding the setback for the marsh buffer related to industry standards. The Comprehensive Plan references the SMP. Council President Petso noted one of the criteria for a Comprehensive Plan amendment is related to adequate public services. She pointed out the Harbor Square area routinely floods and therefore the public services are not adequate to support the Comprehensive Plan amendment under consideration. She did not have details regarding which buildings and/or parking lots routinely flood but assumed if flooding could not be curtailed, residential was not a good plan for this site. Councilmember Peterson referred to the column entitled "How Addressed in revised HSMP," that states geological hazard and flooding issues are items that will be dealt with during project level SEPA review. He pointed out a project proposal would not move forward if it could not address flooding. Similarly, if a building cannot be constructed safely, the project will not move forward. He relayed he was required to hire a geotech before having a deck constructed in his backyard. Council President Petso reiterated it is in the criteria for review of a Comprehensive Plan amendment. Councilmember Johnson commented the fourth criteria is triggered if there is a change to the Comprehensive Plan policy map, if the subject parcels are physically suitable for the requested land use designation and the anticipated land use development including but not limited to access, provision of Edmonds City Council Draft Minutes March 19, 2013 Page 16 Packet Page 19 of 411 utilities, compatibility of adjoining land uses and absence of physical constraints. She asked whether there was potential to change the map to designate open space or a change in land use that would trigger this criterion. Mr. Taraday assumed a map amendment would be required if the Harbor Square plan moved forward as a subarea plan and the findings in 20.00.050(d) would need to be made by the Council. He questioned what data the Council needed to make that finding. This is comprehensive planning and he did not anticipate that the code intended there would be extremely detailed studies performed but rather a high level look at physical suitability. Mr. Chave agreed with Mr. Taraday, explaining that language is from the GMA and speaks to general plan levels of service. It is not intended to provide a project -specific review of every location. Those are typically resolved during the development process. During the initial phase, the question is whether the appropriate public facilities are adequate and then during project level approval specific impacts are identified, how they are mitigated, etc. Councilmember Johnson commented the staff report indicated there were no planned Comprehensive Plan map changes and therefore this would not be addressed. However, if the Council pursues a subarea plan, it can and should be addressed. Councilmember Bloom relayed her understanding that the City, as the lead agency, issued a Determination of Non -Significance for everything but traffic. She asked whether Council could prescribe that the geological hazard zone be considered and require a geotechnical study be done to determine whether housing could be developed and that it was affordable to develop housing. The Port did not do that and that was one of her major concerns with regard to the revenues the Port indicated would be generated. Mr. Taraday referred to the criteria, including but not limited to access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints, advising the SEPA analysis already done by is probably sufficient to allow the Council to make the findings in 20.00.050(d). Just because staff issued a SEPA determination that satisfies 20.00.050(d) does not preclude the Council from asking that additional information be provided if the Council needs that information to make a decision. Councilmember Bloom said she needed that information to make a decision. She felt the Council would be irresponsible not to be sure that earthquake safe housing can be constructed. When the code says not more than 2500 square feet of residential, place of public assembly or employment in a geologically hazardous area such as a seismic hazardous zone, she did not understand how the Council could approve housing without appropriate study. Councilmember Bloom expressed concern that there was reference to the SMP but not the Critical Areas Ordinance (CAO) which includes the marsh and setbacks. She requested the remainder of the CAO be honored as well as the SMP. Councilmember Buckshnis advised the SMP impacts the marsh because the marsh is now considered a shoreline. When the SMP is updated, she will request Section 20.40.090 include 150 feet. She reiterated the intent was to identify parameters to include in the Comprehensive Plan; residential could be included as an option. The Comprehensive Plan already allows mixed use in this area. She questioned why the City would spend money on a geotechnical study; if a developer chose to construct residential, a geotechnical study would be required at that time. Councilmember Bloom commented once residential is included in the Comprehensive Plan, it is no longer optional, it has to be allowed. Councilmember Buckshnis pointed out the Comprehensive Plan allows mixed use. Councilmember Bloom commented mixed use is not the same as allowing residential. The current zoning, General Commercial, does not include residential and the contract rezone specifically states no residential. Edmonds City Council Draft Minutes March 19, 2013 Page 17 Packet Page 20 of 411 Councilmember Bloom summarized once the Comprehensive Plan is changed to allow a use, that use has to be allowed and the zoning has to be changed to allow that use. Councilmember Peterson asked whether the City has to allow a use that is included in the Comprehensive Plan but cannot be built to code. Mr. Taraday answered no. Councilmember Peterson provided the example, would the City have to allow a developer to build residential if a geotechnical survey found residential could not be constructed. Mr. Taraday responded with an example, if a builder said it would only be affordable to build condominiums out of balsa wood, the City does not have to approve the condominium project. A developer must meet all the City's development codes. He clarified while it is true adoption of a Comprehensive Plan requires adoption of consistent zoning, it is not necessarily true that everything that could possibly be built under the consistent zoning has to be approved if a developer cannot meet the underlying development regulations. He summarized a developer would not get a free pass on development regulations just because the Comprehensive Plan allows residential. Councilmember Peterson asked whether language could be included in the subarea plan that any residential building is subject to feasibility via geotechnical analysis. Mr. Taraday answered it could be done but he did not believe it was legally necessary. The seismic code will apply to any development proposed for a seismic hazardous area. Incorporation into City's Comprehensive Plan Councilmember Buckshnis preferred to incorporate the subarea plan by reference versus incorporating it into the Comprehensive Plan as has been done for plans such as the hospital master plan. Councilmember Peterson recalled the Planning Board recommended that the Harbor Square Master Plan be incorporated in the City's Comprehensive Plan rather just be incorporated by reference. He asked for pros and cons. Mr. Taraday answered one of the disadvantages is elements adopted by reference could be overlooked. For example, in a recent email to the Council, he referred to the six Comprehensive Plan elements reflected in the Comprehensive Plan table of contents but not the elements adopted by reference. Mr. Lien answered the Planning Board felt this was an important enough issue that it should be included in the Comprehensive Plan rather than referenced. He noted the language in the subarea plan has the same effect whether adopted by reference or incorporated in the Comprehensive Plan. Mr. Chave agreed there are pros and cons and there is no set way jurisdictions adopt subarea plans. He noted if all the plans incorporated by reference were incorporated into the Comprehensive Plan, the Comprehensive Plan would be very voluminous. Subarea plans are frequently adopted separately so that it can be distributed separately to a developer interested in that area, rather than providing the entire Comprehensive Plan. The Planning Board thought it was significant enough that it should be incorporated into the Comprehensive Plan. Council President Petso referred to the height and bulk section and reference to transfer of development rights. She questioned who had suggested that as it seemed contradictory to the direction the Council is headed. She requested staff provide an explanation regarding where the concept of transfer of development rights came from and the impact it would have. Mayor Earling advised discussion of the next three pages of Council comments/suggestions communicated to staff (Exhibit 3) would be continued next week. 8. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF MARCH 12.2013 Finance Committee Councilmember Yamamoto reported on items discussed by the committee: • Purchasing policy revision for Public Works projects — approved by the Council tonight. Edmonds City Council Draft Minutes March 19, 2013 Page 18 Packet Page 21 of 411 • Addition of a Project to the 2013 CIP, CFP, and TIP (Capital Improvement Program, Transportation Improvement Program, and Capital Facilities Plan) Titled "Edmonds Gateway/SR 99 Revitalization — Phase 1" For $10,000,000 — scheduled for full Council • Presentation by Ms. Hite and Mr. Williams regarding use of REET funds • Ordinance Consenting to the Assignment of the Non -Exclusive Franchise Granted to Metromedia Pursuant to Ordinance No. 3295, to ZAYO Group — approved on Consent Agenda • January 2013 Monthly Financial Report — approved on Consent Agenda • Parks staffing — approved by Council tonight Public Safety & Personnel Committee Councilmember Peterson reported on items discussed by the committee: • Amendment to Domestic Violence Coordinator IL,A with the City of Mill Creek — approved on Consent Agenda Animal licensing and associated fees — scheduled for full Council for further discussion • Discussion and potential action regarding possible amendment of City Code 8.48, Parking, Paragraph 8.48.215 B.2 that allows citizens who receive a parking ticket to pay a reduced fine if the individual pays the fine with 24 hours — City attorney will create an ordinance eliminating the reduced fine and place it on a future Consent Agenda • Student and senior volunteers • Ethics Board and Code of Ethics — further discussion will be scheduled on April committee agenda • Taking minutes during Council Committee Meetings — agreed a staff person will take action minutes. If a controversial item is scheduled, arrangements will be made for more detailed minutes Parks, Planning & Public Works Committee Councilmember Buckshnis reported on the following items considered by the committee: • Authorization for Mayor to sign contract with Snohomish County for Tourism Promotion grant — approved on Consent Agenda • Authorization to send out Call for Artist RFQ for Five Corners Roundabout Project — approved on Consent Agenda • Traffic Impact Fee Annual Report — approved on Consent Agenda • Report on final construction costs for the 2011 Waterline Replacement Project and acceptance of project — approved on Consent Agenda • Report on final construction cost for the 2012 Waterline Replacement Project and acceptance of project — approved on Consent Agenda • Authorization to advertise a Request for Bid for construction services for the 2013 Waterline Replacement Project — approved on Consent Agenda • Authorization to advertise a Request for Bid for construction services for the WWTP Standby Power Distribution and Switchgear Improvement Project — approved on Consent Agenda • Authorization for Mayor to approve acceptance and recording of easements for the Five Corners Roundabout project — schedule for approval on future Consent Agenda • Purchasing Policy Revision for Public Works projects — approved on tonight's agenda • Proposed Ordinance authorizing the acquisition by negotiation or condemnation of real property interests needed for Five Corners Roundabout Project — approved on tonight's agenda • Authorization for Mayor to sign a Professional Services Agreement with a Consultant to • provide services for the Perrinville Creek Stormwater Flow Reduction Retrofit Study — schedule on future agenda after contract negotiated • Energy Savings Contracting (ESCO) III — schedule for full Council Edmonds City Council Draft Minutes March 19, 2013 Page 19 Packet Page 22 of 411 9. MAYOR'S COMMENTS Mayor Earling had no report. 10. COUNCIL COMMENTS Councilmember Peterson referred to emails, calls and letters Councilmembers are receiving regarding the Pt. Edward project. He explained the Council is not allowed to read, answer, address or discuss any of the issues with the public because the matter may come before the Council in a quasi-judicial setting. Councilmember Buckshnis announced there are only 14 flower baskets left to adopt. She encouraged anyone interested in adopting a basket for $100 to contact the Parks & Recreation Department. 11. CONVENE IN EXECUTIVE SESSION REGARDING PENDING LITIGATION PER RCW 42.30.110(1)(i) This item was deleted from the agenda via Council action under Agenda Item 2. 12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN This item was deleted from the agenda via Council action under Agenda Item 2. 13. ADJOURN With no further business, the Council meeting was adjourned at 10:09 p.m. Edmonds City Council Draft Minutes March 19, 2013 Page 20 Packet Page 23 of 411 AM-5612 City Council Meeting Meeting Date: 03/26/2013 Time• Consent Submitted For: Ronald Cone Department: Finance Review Committee: Type: Action Tnfnrmntinn Submitted By: 3. B. Nori Jacobson Committee Action: Approve for Consent Agenda Subject Title Approval of claim checks #201108 through #201231 dated March 21, 2013 for $990,591.37 (reissued checks #201174 $91.97 and #201154 $523.33). Approval of payroll direct deposit & checks #60084 through #60097 for $433,962.55, benefit checks #60098 through #60106 and wire payments of $113,949.45 for the period March 1, 2013 through March 15, 2013. Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Previous Council Action N/A 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. Fiscal Year• Revenue: Expenditure• 2013 1,538,503.37 Fiscal Impact Fiscal Impact: Claims $990,591.37 Claims reissued checks $615.30 (check numbers 201174 & 201154) Payroll Employee checks and direct deposit $433,962.55 Payroll Benefit checks and wire payments $113,949.45 Total Payroll $547,912.00 Attachments Packet Page 24 of 411 Claim cks 3-21-13 Project Number 3-21-13 Payroll Benefit 3-15-13 Payroll Summary 3-15-13 Inbox Reviewed By Finance Ronald Cone City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Nori Jacobson Final Approval Date: 03/21/2013 Form Review Date 03/21/2013 11:26 AM 03/21/2013 11:52 AM 03/21/2013 12:29 PM 03/21/2013 12:51 PM Started On: 03/21/2013 09:55 AM Packet Page 25 of 411 vchlist Voucher List Page: 1 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201108 3/19/2013 069120 AST CAPITAL TRUST COMPANY 03-15-13 MEBT MEBT CONTRIBUTIONS FOR MARC 03-15-13 mebt contributions 811.000.231.520 75,168.88 Total : 75,168.88 201109 3/21/2013 061540 ALLIED WASTE SERVICES 3-0197-0807770 WWTP 200 2ND AVE S / RECYCLIN WWTP 200 2ND AVE S / RECYCLIN 423.000.76.535.80.47.66 12.64 Total : 12.64 201110 3/21/2013 069751 ARAMARK UNIFORM SERVICES 655-6702252 WEEKLY UNIFORM SERVICE WEEKLY UNIFORM SERVICE 001.000.64.576.80.24.00 30.37 9.5% Sales Tax 001.000.64.576.80.24.00 2.89 Total : 33.26 201111 3/21/2013 071124 ASSOCIATED PETROLEUM 0410286-IN WWTP DIESEL FUEL WWTP DIESEL FUEL 423.000.76.535.80.32.00 2,532.14 9.5% Sales Tax 423.000.76.535.80.32.00 240.54 0412104-IN WWTP DIESEL FUEL WWTP DIESEL FUEL 423.000.76.535.80.32.00 1,982.54 9.5% Sales Tax 423.000.76.535.80.32.00 188.34 Total : 4,943.56 201112 3/21/2013 071124 ASSOCIATED PETROLEUM 0410938-IN Fleet - Reg Gas 6700 Gal Fleet - Reg Gas 6700 Gal 511.000.77.548.68.34.11 20,866.48 WA St Excise Tax Gas, WA Oil Spill 511.000.77.548.68.34.11 2,676.65 Diesel 2881 Gal Page: 1 Packet Page 26 of 411 vchlist Voucher List Page: 2 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 201112 3/21/2013 071124 ASSOCIATED PETROLEUM (Continued) 201113 3/21/2013 070305 AUTOMATIC FUNDS TRANSFER 68723 PO # Description/Account Amount 511.000.77.548.68.34.10 9,004.57 WA St Excise Tax Gas, WA Oil Spill 511.000.77.548.68.34.10 1,151.77 BIO Dsl 320 Gal 511.000.77.548.68.34.13 1,534.69 WA St Excise Tax Gas, WA Oil Spill 511.000.77.548.68.34.13 131.67 WA State Svc Fees 511.000.77.548.68.34.11 25.00 WA State Svc Fees 511.000.77.548.68.34.10 25.00 9.5% Sales Tax 511.000.77.548.68.34.11 2.38 9.5% Sales Tax 511.000.77.548.68.34.10 2.37 Total : 35,420.58 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #500 Printing 423.000.75.535.80.49.00 56.56 UB Outsourcing area #500 Postage 421.000.74.534.80.42.00 128.68 UB Outsourcing area #500 Postage 423.000.75.535.80.42.00 128.68 9.5% Sales Tax 422.000.72.531.90.49.00 5.21 9.5% Sales Tax 421.000.74.534.80.49.00 5.21 9.5% Sales Tax 423.000.75.535.80.49.00 5.39 UB Outsourcing area #500 Printing 422.000.72.531.90.49.00 54.90 UB Outsourcing area #500 Printing 421.000.74.534.80.49.00 54.90 Page: 2 Packet Page 27 of 411 vchlist Voucher List Page: 3 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201113 3/21/2013 070305 AUTOMATIC FUNDS TRANSFER (Continued) 68810 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #600 Printing 423.000.75.535.80.49.00 50.15 UB Outsourcing area #600 Postage 421.000.74.534.80.42.00 119.02 UB Outsourcing area #600 Postage 423.000.75.535.80.42.00 119.02 9.5% Sales Tax 422.000.72.531.90.49.00 4.62 9.5% Sales Tax 421.000.74.534.80.49.00 4.62 9.5% Sales Tax 423.000.75.535.80.49.00 4.77 UB Outsourcing area #600 Printing 421.000.74.534.80.49.00 48.67 UB Outsourcing area #600 Printing 422.000.72.531.90.49.00 48.67 Total : 839.07 201114 3/21/2013 001702 AWC EMPLOY BENEFIT TRUST 04/2013 AWC 04/2013 AWC PREMIUMS April 2013 AWC Premiums 811.000.231.510 57,111.48 Total : 57,111.48 201115 3/21/2013 002100 BARNARD, EARL 28 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 617.000.51.522.20.23.00 166.00 Total : 166.00 201116 3/21/2013 074307 BLUE STAR GAS 0689410-IN Fleet - 400 Gal LPG Fleet - 400 Gal LPG 511.000.77.548.68.34.12 661.70 0690593-IN Fleet - 400 Gal LPG Fleet - 400 Gal LPG 511.000.77.548.68.34.12 673.70 Page: 3 Packet Page 28 of 411 vchlist Voucher List Page: 4 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201116 3/21/2013 074307 074307 BLUE STAR GAS (Continued) Total : 1,335.40 201117 3/21/2013 065739 BOBBY WOLFORD TRUCKING & 055417 CONCRETE CONCRETE 001.000.64.576.80.47.00 511.87 055769 CONCRETE CONCRETE 001.000.64.576.80.47.00 401.62 Total : 913.49 201118 3/21/2013 018495 CALPORTLAND COMPANY 91772154 GRAVEL PARKS GRAVEL PARKS 001.000.64.576.80.31.00 98.17 9.5% Sales Tax 001.000.64.576.80.31.00 9.33 Total : 107.50 201119 3/21/2013 061966 CAMP FIRE BOYS & GIRLS CAMP FIRE 16482 BABYSITTING BASICS 16482 BABYSITTING BASICS 16482 001.000.64.571.22.41.00 100.00 Total : 100.00 201120 3/21/2013 073029 CANON FINANCIAL SERVICES 12615230 PARKS AND REC COPIER IRC5051 PARKS AND REC COPIER IRC5051 001.000.64.571.21.45.00 249.99 9.5% Sales Tax 001.000.64.571.21.45.00 23.75 12615234 PARKS AND REC COPIER LEASE PARKS AND REC COPIER LEASE 001.000.64.571.21.45.00 27.99 9.5% Sales Tax 001.000.64.571.21.45.00 2.66 12617189 PARKS MAINT COPIER AGREEMEN PARKS MAINT COPIER AGREEMEN 001.000.64.576.80.45.00 33.02 9.5% Sales Tax Page: 4 Packet Page 29 of 411 vchlist Voucher List Page: 5 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201120 3/21/2013 073029 CANON FINANCIAL SERVICES (Continued) 001.000.64.576.80.45.00 3.14 Total : 340.55 201121 3/21/2013 073029 CANON FINANCIAL SERVICES 12615225 CANON CONTRACT CHARGES C10 Contract charges for the C1030 copie 001.000.61.519.70.45.00 9.33 Contract charges for the C1030 copie 001.000.22.518.10.45.00 9.33 Contract charges for the C1030 copie 001.000.21.513.10.45.00 9.33 9.5% Sales Tax 001.000.61.519.70.45.00 0.89 9.5% Sales Tax 001.000.22.518.10.45.00 0.89 9.5% Sales Tax 001.000.21.513.10.45.00 0.88 Total : 30.65 201122 3/21/2013 073029 CANON FINANCIAL SERVICES 12615229 CITY CLERK'S OFFICE COPIER LEE Lease city Clerk's Office copier 001.000.25.514.30.45.00 466.97 9.5% Sales Tax 001.000.25.514.30.45.00 44.36 12615231 RECEPTIONIST DESK COPIER LEA Recept. desk copier lease 001.000.25.514.30.45.00 20.11 9.5% Sales Tax 001.000.25.514.30.45.00 1.91 Total : 533.35 201123 3/21/2013 073029 CANON FINANCIAL SERVICES 12615228 INV 12615228 CUST #572105 EDMC COPY CHARGES FEB 2013 001.000.41.521.10.45.00 259.69 COPIER RENTAL 001.000.41.521.10.45.00 581.60 Page: 5 Packet Page 30 of 411 vchlist Voucher List Page: 6 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201123 3/21/2013 073029 CANON FINANCIAL SERVICES (Continued) 9.5% Sales Tax 001.000.41.521.10.45.00 79.92 Total : 921.21 201124 3/21/2013 073029 CANON FINANCIAL SERVICES 12615224 Lease - Council Office Copier/Printer Lease - Council Office Copier/Printer 001.000.11.511.60.45.00 30.65 Total : 30.65 201125 3/21/2013 071816 CARLSON, JESSICA CARLSON 16488 ADVENTURES IN DRAWING 16488 ADVENTURES IN DRAWING 16488 001.000.64.571.21.41.00 305.50 Total : 305.50 201126 3/21/2013 068484 CEMEX LLC 9425706261 Roadway - Asphalt Roadway - Asphalt 111.000.68.542.31.31.00 285.00 9.5% Sales Tax 111.000.68.542.31.31.00 27.08 Total : 312.08 201127 3/21/2013 064291 CENTURY LINK 206-Z02-0478 WWTP TELEMETRY CIRCUIT LINE WWTP TELEMETRY CIRCUIT LINE 423.000.76.535.80.42.00 138.73 Total : 138.73 201128 3/21/2013 064840 CHAPUT, KAREN E CHAPUT 17503 FRIDAY NIGHT OUT 17503 FRIDAY NIGHT OUT 17503 001.000.64.571.22.41.00 52.60 Total : 52.60 201129 3/21/2013 065682 CHS ENGINEERS LLC 450901-1302 E9GA.SERVICES THRU MARCH 20' E9GA.Services thru March 2013 423.000.75.594.35.41.30 20,447.76 451202-1302 E3GA.SERVICES THRU MARCH 20' E3GA.Services thru March 2013 Page: 6 Packet Page 31 of 411 vchlist Voucher List Page: 7 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201129 3/21/2013 065682 CHS ENGINEERS LLC (Continued) 423.000.75.594.35.41.30 3,297.94 Total : 23,745.70 201130 3/21/2013 073667 COBURN, LI COBURN 03/14/2013 GYM ATTENDANT AT EDCC 7 HOUI GYM ATTENDANT AT EDCC 7 HOUI 001.000.64.575.52.41.00 70.00 Total : 70.00 201131 3/21/2013 074343 CONE, RONALD April 2013 Fin Director rent - April 2013 Fin Director rent - April 2013 001.000.31.514.20.41.00 1,000.00 Total : 1,000.00 201132 3/21/2013 074361 DANA HOERSCHELMAN 2-24150 #00633-001357418 UTILITY REFUNI #00633-001357418 Utility refund due 411.000.233.000 60.05 Total : 60.05 201133 3/21/2013 073823 DAVID EVANS & ASSOC INC 328815 EIICA.SERVICES THRU 2/16/13 E1CA.Services thru 2/16/13 112.200.68.595.33.41.00 6,452.02 Total : 6,452.02 201134 3/21/2013 047610 DEPT OF TRANSPORTATION RE41 JA6590 L010 E7AC.SERVICES THRU FEBRUARY E7AC.Services thru February 112.200.68.595.33.41.00 301.68 Total : 301.68 201135 3/21/2013 007675 EDMONDS AUTO PARTS 20047 BATTERY FOR GROOMER BATTERY FOR GROOMER 001.000.64.576.80.31.00 48.88 9.5% Sales Tax 001.000.64.576.80.31.00 4.64 Total : 53.52 201136 3/21/2013 007675 EDMONDS AUTO PARTS 19963 Street - Grease for Street Plate Page: 7 Packet Page 32 of 411 vchlist Voucher List Page: 8 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201136 3/21/2013 007675 EDMONDS AUTO PARTS (Continued) Street - Grease for Street Plate 111.000.68.542.31.31.00 74.80 9.5% Sales Tax 111.000.68.542.31.31.00 7.11 Total : 81.91 201137 3/21/2013 067703 EDMONDS COMMUNITY COLLEGE 102 VIDEOGRAPHY OF STATE OF THE Videography, editing, and CDs for 001.000.21.513.10.41.00 605.00 Total : 605.00 201138 3/21/2013 073910 EDMONDS COMMUNITY SOLAR COOP 1st Qtr 2013 FAC Solar Elect System Production FAC Solar Elect System Production 001.000.66.518.30.47.00 132.00 Total : 132.00 201139 3/21/2013 008705 EDMONDS WATER DIVISION 6-00025 CITY MARINA BEACH PARK CITY MARINA BEACH PARK 001.000.64.576.80.47.00 119.66 6-00200 CITY FISHING DOCK & RESTROOM CITY FISHING DOCK & RESTROOM 001.000.64.576.80.47.00 262.17 6-00410 BRACKETT'S LANDING SOUTH BRACKETT'S LANDING SOUTH 001.000.64.576.80.47.00 247.88 6-00475 MINI PARK MINI PARK 001.000.64.576.80.47.00 521.23 6-01250 CITY PARK BALLFIELD CITY PARK BALLFIELD 001.000.64.576.80.47.00 119.66 6-01275 CITY PARK PARKING LOT CITY PARK PARKING LOT 001.000.64.576.80.47.00 893.28 6-02125 PINE STREET PLAYFIELD Page: 8 Packet Page 33 of 411 vchlist Voucher List Page: 9 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201139 3/21/2013 008705 EDMONDS WATER DIVISION (Continued) PINE STREET PLAYFIELD 001.000.64.576.80.47.00 207.32 6-02727 310 6TH AVE N 310 6TH AVE N 001.000.64.576.80.47.00 182.44 6-02730 CIVIC CENTER PLAYFIELD - SPRIN CIVIC CENTER PLAYFIELD - SPRIN 001.000.64.576.80.47.00 182.44 6-02900 ANDERSON CULTURAL CENTER (E ANDERSON CULTURAL CENTER (E 001.000.64.576.80.47.00 182.44 6-03000 CIVIC CENTER PARKING LOT SPRI CIVIC CENTER PARKING LOT SPRI 001.000.64.576.80.47.00 348.41 6-03275 HUMMINGBIRD HILL PARK HUMMINGBIRD HILL PARK 001.000.64.576.80.47.00 119.66 6-03575 CITY MAPLEWOOD PARK CITY MAPLEWOOD PARK 001.000.64.576.80.47.00 217.95 6-04400 SEAVIEW PARK SPRINKLER SEAVIEW PARK SPRINKLER 001.000.64.576.80.47.00 182.44 6-04425 8100 185TH PL SW 8100 185TH PL SW 001.000.64.576.80.47.00 377.10 6-04450 SIERRA PARK SIERRA PARK 001.000.64.576.80.47.00 265.30 6-07775 BALLINGER PARK BALLINGER PARK 001.000.64.576.80.47.00 233.45 6-08500 YOST PARK SPRINKLER YOST PARK SPRINKLER 001.000.64.576.80.47.00 872.42 Page: 9 Packet Page 34 of 411 vchlist Voucher List Page: 10 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201139 3/21/2013 008705 EDMONDS WATER DIVISION (Continued) 6-08525 YOST PARK POOL YOST PARK POOL 001.000.64.576.80.47.00 188.78 Total : 5,724.03 201140 3/21/2013 008705 EDMONDS WATER DIVISION 6-02735 CIVIC CENTER 250 5TH AVE N CIVIC CENTER 250 5TH AVE N 001.000.66.518.30.47.00 1,491.68 6-02736 CIVIC CENTER FIRE LINE 250 5TH, CIVIC CENTER FIRE LINE 250 5TH, 001.000.66.518.30.47.00 14.65 6-02737 CIVIC CENTER FIRE LINE 250TH 51 CIVIC CENTER FIRE LINE 250TH 51 001.000.66.518.30.47.00 308.78 6-02738 CIVIC CENTER IRRIGATION 250 5T CIVIC CENTER IRRIGATION 250 5T 001.000.66.518.30.47.00 182.44 6-02825 SNO-ISLE LIBRARY/SPRINKLER 65, SNO-ISLE LIBRARY/SPRINKLER 65, 001.000.66.518.30.47.00 1,224.68 6-02875 FRANCES ANDERSON CENTER FIF FRANCES ANDERSON CENTER FIF 001.000.66.518.30.47.00 25.63 6-02925 FRANCES ANDERSON CENTER 701 FRANCES ANDERSON CENTER 701 001.000.66.518.30.47.00 1,420.81 6-04127 FIRE STATION #16 8429 196TH ST FIRE STATION #16 8429 196TH ST ; 001.000.66.518.30.47.00 602.39 6-04128 FIRE STATION #16 SPRINK 8429 19 FIRE STATION #16 SPRINKLER 842 001.000.66.518.30.47.00 14.65 6-05155 PUBLIC WORKS OMC 7110 210TH PUBLIC WORKS OMC 7110 210TH 001.000.65.519.91.47.00 116.43 Page: 10 Packet Page 35 of 411 vchlist Voucher List Page: 11 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201140 3/21/2013 008705 EDMONDS WATER DIVISION (Continued) PUBLIC WORKS OMC 7110 210TH 111.000.68.542.90.47.00 442.41 PUBLIC WORKS OMC 7110 210TH 421.000.74.534.80.47.00 442.41 PUBLIC WORKS OMC 7110 210TH ; 423.000.75.535.80.47.10 442.41 PUBLIC WORKS OMC 7110 210TH 511.000.77.548.68.47.00 442.41 PUBLIC WORKS OMC 7110 210TH 422.000.72.531.90.47.00 442.42 6-05156 PUBLIC WORKS OMC FIRE 7110 21 PUBLIC WORKS OMC FIRE DETEC' 001.000.65.519.91.47.00 1.83 PUBLIC WORKS OMC FIRE DETEC' 111.000.68.542.90.47.00 6.95 PUBLIC WORKS OMC FIRE DETEC' 422.000.72.531.90.47.00 6.95 PUBLIC WORKS OMC FIRE DETEC 421.000.74.534.80.47.00 6.95 PUBLIC WORKS OMC FIRE DETEC 423.000.75.535.80.47.10 6.95 PUBLIC WORKS OMC FIRE DETEC 511.000.77.548.68.47.00 6.94 Total : 7,650.77 201141 3/21/2013 074272 EDWARDS, ALEX MIGUEL 03/13/2013 SCULPTURE DESIGN FABRICATIOI SCULPTURE DESIGN FABRICATIOI 127.200.64.573.20.41.00 2,050.00 Total : 2,050.00 201142 3/21/2013 008812 ELECTRONIC BUSINESS MACHINES 085175 1 MONTHLY SERVICE A7078 MONTHLY SERVICE A7078 001.000.64.576.80.45.00 15.41 9.5% Sales Tax 001.000.64.576.80.45.00 1.46 Page: 11 Packet Page 36 of 411 vchlist Voucher List Page: 12 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201142 3/21/2013 008812 008812 ELECTRONIC BUSINESS MACHINE: (Continued) Total : 16.87 201143 3/21/2013 008812 ELECTRONIC BUSINESS MACHINES 085463 MAINT FOR COPIER MAINT FOR COPIER 001.000.23.512.50.48.00 4.58 Total : 4.58 201144 3/21/2013 008812 ELECTRONIC BUSINESS MACHINES 085178 Copies Council Office Copies Council Office 001.000.11.511.60.45.00 9.96 Total : 9.96 201145 3/21/2013 074320 FABRIC STRUCTURES FS12-00637F REDESIGN OF FOUNDATION PLAN REDESIGN OF FOUNDATION PLAN 422.000.72.594.31.41.20 500.00 Total : 500.00 201146 3/21/2013 066378 FASTENAL COMPANY WAMOU27823 Unit eg84sd - Supplies Unit eg84sd - Supplies 511.000.77.548.68.31.10 9.48 9.5% Sales Tax 511.000.77.548.68.31.10 0.89 WAMOU27852 Unit EQ84SD - Parts Unit EQ84SD - Parts 511.000.77.548.68.31.10 8.40 9.5% Sales Tax 511.000.77.548.68.31.10 0.80 Total : 19.57 201147 3/21/2013 064406 FBI LEEDA 8964-13 INV 8964-13 EDMONDS PD ROBER' 2013 MEMBERSHIP - BARKER 001.000.41.521.21.49.00 50.00 Total : 50.00 201148 3/21/2013 063387 FEREBEE, JOAN 01 COVER FOR IPAD COVER FOR IPAD 001.000.23.512.50.31.00 108.59 Page: 12 Packet Page 37 of 411 vchlist Voucher List Page: 13 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201148 3/21/2013 063387 063387 FEREBEE, JOAN (Continued) Total : 108.59 201149 3/21/2013 009815 FERGUSON ENTERPRISES INC 0370534 Meter Inventory - M-METER-02-010 ; Meter Inventory - M-METER-02-010 ; 421.000.74.534.80.34.30 4,436.79 9.5% Sales Tax 421.000.74.534.80.34.30 421.50 Total : 4,858.29 201150 3/21/2013 069469 FLINT TRADING INC 154714 Traffic Control - 60" White Rumble Be Traffic Control - 60" White Rumble BE 111.000.68.542.64.31.00 368.72 9.5% Sales Tax 111.000.68.542.64.31.00 35.03 Total : 403.75 201151 3/21/2013 010660 FOSTER, MARLO 30 LEOFF Reimbjursement LEOFF Reimbjursement 009.000.39.517.37.23.00 165.00 LEOFF 1 Reimbursement 009.000.39.517.37.29.00 2,130.00 Total : 2,295.00 201152 3/21/2013 011900 FRONTIER 425-712-0417 TELEMETRY CIRCUIT LINE TELEMETRY CIRCUIT LINE 421.000.74.534.80.42.00 27.00 TELEMETRY CIRCUIT LINE 423.000.75.535.80.42.00 27.00 425-712-0423 WWTP AFTER HOUR BUSINESS LII WWTP AFTER HOUR BUSINESS LII 423.000.76.535.80.42.00 59.61 425-712-8251 PUBLIC WORKS OMC ALARM, FAX PUBLIC WORKS OMC FIRE AND IN' 001.000.65.519.91.42.00 14.16 PUBLIC WORKS OMC FIRE AND IN' 111.000.68.542.90.42.00 70.78 Page: 13 Packet Page 38 of 411 vchlist Voucher List Page: 14 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201152 3/21/2013 011900 FRONTIER (Continued) PUBLIC WORKS OMC FIRE AND IN' 421.000.74.534.80.42.00 59.46 PUBLIC WORKS OMC FIRE AND IN' 423.000.75.535.80.42.00 59.46 PUBLIC WORKS OMC FIRE AND IN' 511.000.77.548.68.42.00 79.27 425-775-2455 CIVIC CENTER ALARM LINES 250 5 CIVIC CENTER FIRE AND INTRUST( 001.000.66.518.30.42.00 50.88 Total : 447.62 201153 3/21/2013 074358 GEO-TEST SERVICES 27816 E9GA.SERVICES THRU 2/24/13 E9GA.Services thru 2/24/13 423.000.75.594.35.41.30 2,730.00 Total : 2,730.00 201154 3/21/2013 072515 GOOGLE INC 556325 INTERNET ANTI -VIRUS & SPAM MA Internet Anti -Virus & Spam Maint Fee 001.000.310.518.880.480.00 523.33 Total : 523.33 201155 3/21/2013 072515 GOOGLE INC 5250908 C/A #396392 MESSAGE DISCOVER Internet Anti -Virus & Spam Maint Fee 001.000.31.518.88.48.00 23.00 Total : 23.00 201156 3/21/2013 012190 GORSUCH, BRUCE GORSUCH 16432 I'M RELATED TO WHOM? I'M RELATED TO WHOM? 001.000.64.571.22.41.00 74.00 Total : 74.00 201157 3/21/2013 012199 GRAINGER 9049788467 PW - Electric Radiant Cove Heater PW - Electric Radiant Cove Heater 001.000.66.518.30.31.00 215.18 9.5% Sales Tax Page: 14 Packet Page 39 of 411 vchlist Voucher List Page: 15 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201157 3/21/2013 012199 GRAINGER (Continued) 001.000.66.518.30.31.00 20.45 9049788475 PW - Return Electric Infrared Heater PW - Return Electric Infrared Heater 001.000.66.518.30.31.00 -386.16 9.5% Sales Tax 001.000.66.518.30.31.00 -36.69 9049798979 Fac Maint - Batteries Fac Maint - Batteries 001.000.66.518.30.31.00 38.72 9.2% Sales Tax 001.000.66.518.30.31.00 3.57 9067811340 Fac Maint - Multi Screw Kit Fac Maint - Multi Screw Kit 001.000.66.518.30.31.00 31.28 9.2% Sales Tax 001.000.66.518.30.31.00 2.87 9076011494 EQ84SD -Folding Steps EQ84SD -Folding Steps 511.000.77.548.68.31.10 88.52 9.5% Sales Tax 511.000.77.548.68.31.10 8.41 9076209510 FS 20 - Solenoid Valve FS 20 - Solenoid Valve 001.000.66.518.30.31.00 177.41 Freight 001.000.66.518.30.31.00 43.85 9.5% Sales Tax 001.000.66.518.30.31.00 21.02 9087081726 Fac Maint - Overshoes Fac Maint - Overshoes 001.000.66.518.30.24.00 44.03 9.5% Sales Tax 001.000.66.518.30.24.00 4.18 Total : 276.64 Page: 15 Packet Page 40 of 411 vchlist Voucher List Page: 16 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor 201158 3/21/2013 069733 H B JAEGER COMPANY LLC Invoice 136255/1 201159 3/21/2013 060985 HARRINGTON INDUSTRIAL PLASTICS 007E2054 201160 3/21/2013 012900 HARRIS FORD INC 133546 liII019M.&O 133852 134051 PO # Description/Account Amount Water - 16" Diam Pipe Socks Water - 16" Diam Pipe Socks 421.000.74.534.80.31.00 591.00 Freight 421.000.74.534.80.31.00 61.96 9.5% Sales Tax 421.000.74.534.80.31.00 62.03 Total : 714.99 WWTP MECHANICAL SUPPLIES WWTP MECHANICAL SUPPLIES 423.000.76.535.80.31.21 956.73 Freight 423.000.76.535.80.31.21 26.17 9.5% Sales Tax 423.000.76.535.80.31.21 93.38 Total : 1,076.28 Unit 651- Axl Oil, and Additive Unit 651- Axl Oil, and Additive 511.000.77.548.68.31.10 154.51 9.5% Sales Tax 511.000.77.548.68.31.10 14.68 Unit 338 - Shaft Assembly Unit 338 - Shaft Assembly 511.000.77.548.68.31.10 240.06 9.5% Sales Tax 511.000.77.548.68.31.10 22.81 Unit 649 - Shaft Assembly Unit 649 - Shaft Assembly 511.000.77.548.68.31.10 240.06 9.5% Sales Tax 511.000.77.548.68.31.10 22.81 Unit 42 - Lighting Knob Unit 42 - Lighting Knob 511.000.77.548.68.31.10 21.90 Page: 16 Packet Page 41 of 411 vchlist Voucher List Page: 17 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201160 3/21/2013 012900 HARRIS FORD INC (Continued) 9.5% Sales Tax 511.000.77.548.68.31.10 2.08 Total : 718.91 201161 3/21/2013 013007 HASNER, EZRA J 31 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.39.517.37.23.00 1,866.32 Total : 1,866.32 201162 3/21/2013 013338 HICKOK, ROBIN 27 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 1,496.28 Total : 1,496.28 201164 3/21/2013 067862 HOME DEPOT CREDIT SERVICES 1063514 Water - Truck Supplies Water - Truck Supplies 421.000.74.534.80.31.00 35.59 9.5% Sales Tax 421.000.74.534.80.31.00 3.38 1095684 Fac Maint - Bench Brush Fac Maint - Bench Brush 001.000.66.518.30.31.00 7.99 9.5% Sales Tax 001.000.66.518.30.31.00 0.76 1095694 Fac Maint - Unit 95 - Supplies Fac Maint - Unit 95 - Supplies 001.000.66.518.30.31.00 11.97 9.5% Sales Tax 001.000.66.518.30.31.00 1.14 1095817 WWTP - Power Supply Cord WWTP - Power Supply Cord 423.000.76.535.80.48.31 7.97 9.5% Sales Tax 423.000.76.535.80.48.31 0.76 2031048 Fac Maint -Unit 5 - Supplies Page: 17 Packet Page 42 of 411 vchlist Voucher List Page: 18 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201164 3/21/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) Fac Maint -Unit 5 - Supplies 001.000.66.518.30.31.00 80.22 9.5% Sales Tax 001.000.66.518.30.31.00 7.62 2043663 PW - Door Supplies PW - Door Supplies 001.000.66.518.30.31.00 25.62 9.5% Sales Tax 001.000.66.518.30.31.00 2.43 2076703 FAC - Roof Sealant FAC - Roof Sealant 001.000.66.518.30.31.00 40.20 9.5% Sales Tax 001.000.66.518.30.31.00 3.82 2592202 Water - Batteries Water - Batteries 421.000.74.534.80.31.00 49.92 9.5% Sales Tax 421.000.74.534.80.31.00 4.74 270683 Cemetery - Supplies Cemetery - Supplies 001.000.66.518.30.31.00 -4.18 9.5% Sales Tax 001.000.66.518.30.31.00 -0.40 3072641 WWTP - Supplies WWTP - Supplies 423.000.76.535.80.48.31 24.78 9.5% Sales Tax 423.000.76.535.80.48.31 2.35 31407 PW - Front Counter - Vinyl and Tapin PW - Front Counter - Vinyl and Tapin 001.000.66.518.30.31.00 24.06 9.5% Sales Tax 001.000.66.518.30.31.00 2.29 Page: 18 Packet Page 43 of 411 vchlist Voucher List Page: 19 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201164 3/21/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) 4043135 Library - Sink supplies Library - Sink supplies 001.000.66.518.30.31.00 21.98 9.5% Sales Tax 001.000.66.518.30.31.00 2.09 4043332 City Hall - Supplies City Hall - Supplies 001.000.66.518.30.31.00 5.98 Fac Maint Unit 26 - Supplies 001.000.66.518.30.31.00 8.97 9.5% Sales Tax 001.000.66.518.30.31.00 1.42 4048745 PW - Supplies PW - Supplies 001.000.66.518.30.31.00 3.47 9.5% Sales Tax 001.000.66.518.30.31.00 0.33 4048875 Sr Center - Rope Supplies Sr Center - Rope Supplies 001.000.66.518.30.31.00 33.06 9.5% Sales Tax 001.000.66.518.30.31.00 3.14 4087740 FAC - Chalkwheel FAC - Chalkwheel 001.000.66.518.30.31.00 7.67 9.5% Sales Tax 001.000.66.518.30.31.00 0.73 41914 Fac Maint Shop Supplies Fac Maint Shop Supplies 001.000.66.518.30.31.00 38.88 9.5% Sales Tax 001.000.66.518.30.31.00 3.69 5020992 City Hall - Drawer Slides City Hall - Drawer Slides Page: 19 Packet Page 44 of 411 vchlist Voucher List Page: 20 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor 201164 3/21/2013 067862 HOME DEPOT CREDIT SERVICES Invoice PO # Description/Account Amount (Continued) 001.000.66.518.30.31.00 67.92 9.5% Sales Tax 001.000.66.518.30.31.00 6.45 5094695 Fac Maint Unit 99 - Multi Tool Fac Maint Unit 99 - Multi Tool 001.000.66.518.30.35.00 99.00 Fac Maint - Supplies 001.000.66.518.30.31.00 71.88 9.5% Sales Tax 001.000.66.518.30.35.00 9.40 9.5% Sales Tax 001.000.66.518.30.31.00 6.83 6040826 Traffic Control - Supplies Traffic Control - Supplies 111.000.68.542.64.31.00 84.81 9.5% Sales Tax 111.000.68.542.64.31.00 8.06 6044894 PW - Front Counter Supplies PW - Front Counter Supplies 001.000.66.518.30.31.00 32.71 9.5% Sales Tax 001.000.66.518.30.31.00 3.11 6044900 Fac Maint - Shop and Unit #26 Suppli Fac Maint - Shop and Unit #26 Suppli 001.000.66.518.30.31.00 21.41 9.5% Sales Tax 001.000.66.518.30.31.00 2.03 6044954 Water Quality - Buckets Water Quality - Buckets 421.000.74.534.80.31.00 8.34 9.5% Sales Tax 421.000.74.534.80.31.00 0.79 6094604 Fac Maint - Uni 95 - Stock Fac Maint - Uni 95 - Stock Page: 20 Packet Page 45 of 411 vchlist Voucher List Page: 21 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201164 3/21/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) 001.000.66.518.30.31.00 10.47 9.5% Sales Tax 001.000.66.518.30.31.00 0.99 6094623 Sewer - Supplies Sewer - Supplies 423.000.75.535.80.31.00 24.97 9.5% Sales Tax 423.000.75.535.80.31.00 2.37 6264159 Storm - Replacement handles for flatl Storm - Replacement handles for flatl 422.000.72.531.40.31.00 46.84 9.5% Sales Tax 422.000.72.531.40.31.00 4.45 7030396 Yost Pool - Germicidal Bleach Yost Pool - Germicidal Bleach 001.000.66.518.30.31.00 5.98 9.5% Sales Tax 001.000.66.518.30.31.00 0.57 7040463 Library - Supplies Library - Supplies 001.000.66.518.30.31.00 17.02 9.5% Sales Tax 001.000.66.518.30.31.00 1.62 7044655 Fac Maint - Shop - Supplies Fac Maint - Shop - Supplies 001.000.66.518.30.31.00 54.22 9.5% Sales Tax 001.000.66.518.30.31.00 5.15 7044751 Fac Maint Shop Supplies Fac Maint Shop Supplies 001.000.66.518.30.31.00 45.94 FAC - Supplies 001.000.66.518.30.31.00 31.22 9.5% Sales Tax Page: 21 Packet Page 46 of 411 vchlist Voucher List Page: 22 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201164 3/21/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) 001.000.66.518.30.31.00 7.33 7080591 FS 20 - Repair Kit FS 20 - Repair Kit 001.000.66.518.30.31.00 13.88 9.5% Sales Tax 001.000.66.518.30.31.00 1.32 7083852 PS -Maint Supplies PS -Maint Supplies 001.000.66.518.30.31.00 32.67 9.5% Sales Tax 001.000.66.518.30.31.00 3.10 8030199 Library - Wall panels, supplies Library - Wall panels, supplies 001.000.66.518.30.31.00 125.78 9.5% Sales Tax 001.000.66.518.30.31.00 11.95 8030259 Fac Maint - Supplies for Unit 26 Fac Maint - Supplies for Unit 26 001.000.66.518.30.31.00 18.89 9.5% Sales Tax 001.000.66.518.30.31.00 1.79 8040299 Fac Maint - Unit 26 - Supplies Fac Maint - Unit 26 - Supplies 001.000.66.518.30.31.00 40.45 9.5% Sales Tax 001.000.66.518.30.31.00 3.84 8042513 Cemetery - Mossout, Supplies Cemetery - Mossout, Supplies 001.000.66.518.30.31.00 48.02 9.5% Sales Tax 001.000.66.518.30.31.00 4.56 8042545 Water - Unit 51 new sideboards for tri Water - Unit 51 new sideboards for tri 421.000.74.534.80.31.00 49.94 Page: 22 Packet Page 47 of 411 vchlist Voucher List Page: 23 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201164 3/21/2013 067862 HOME DEPOT CREDIT SERVICES (Continued) 9.5% Sales Tax 421.000.74.534.80.31.00 4.74 8044339 Fac Maint - Unit 95 - Supplies Fac Maint - Unit 95 - Supplies 001.000.66.518.30.31.00 29.95 9.5% Sales Tax 001.000.66.518.30.31.00 2.85 8044398 MCH - Oven Cleaner MCH - Oven Cleaner 001.000.66.518.30.31.00 5.98 9.5% Sales Tax 001.000.66.518.30.31.00 0.57 8283229 Plaza - Door Supplies Plaza - Door Supplies 001.000.66.518.30.31.00 16.58 9.5% Sales Tax 001.000.66.518.30.31.00 1.58 9562671 FAC - Spray Paint for Planters FAC - Spray Paint for Planters 001.000.66.518.30.31.00 5.98 9.5% Sales Tax 001.000.66.518.30.31.00 0.57 96002 Sewer - Truck Supplies Sewer - Truck Supplies 423.000.75.535.80.31.00 12.55 9.5% Sales Tax 423.000.75.535.80.31.00 1.19 Total : 1,585.05 201165 3/21/2013 062899 HUFF, ARIELE HUFF 16340 WRITE NOW 16340 WRITE NOW 16340 001.000.64.571.22.41.00 132.00 Total : 132.00 201166 3/21/2013 072041 IBS INCORPORATED 531031-1 Shop Supplies Page: 23 Packet Page 48 of 411 vchlist Voucher List Page: 24 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201166 3/21/2013 072041 IBS INCORPORATED (Continued) Shop Supplies 511.000.77.548.68.31.20 38.01 Freight 511.000.77.548.68.31.20 9.40 9.5% Sales Tax 511.000.77.548.68.31.20 4.50 531282-1 Strom- Work Gloves Strom- Work Gloves 422.000.72.531.40.31.00 89.44 Freight 422.000.72.531.40.31.00 10.57 9.5% Sales Tax 422.000.72.531.40.31.00 9.50 Total : 161.42 201167 3/21/2013 073548 INDOFF INCORPORATED 2246728 SUPPLIES SUPPLIES 001.000.23.512.50.31.00 109.34 Total : 109.34 201168 3/21/2013 073548 INDOFF INCORPORATED 2247694 Office Supplies Office Supplies 001.000.22.518.10.31.00 17.80 9.5% Sales Tax 001.000.22.518.10.31.00 1.69 Total : 19.49 201169 3/21/2013 071634 INTEGRA TELECOM 10693064 C/A 768328 PR1-1 & 2 City Phone Service 001.000.31.518.88.42.00 1,982.68 Tourism Toll free lines 877.775.6929; 001.000.61.558.70.42.00 32.40 Econ Devlpmnt Toll free lines 001.000.61.558.70.42.00 32.70 Page: 24 Packet Page 49 of 411 vchlist Voucher List Page: 25 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201169 3/21/2013 071634 071634 INTEGRA TELECOM (Continued) Total : 2,047.78 201170 3/21/2013 069040 INTERSTATE AUTO PARTS 000009536 Fleet Shop Small Tool - Heat Gun Fleet Shop Small Tool - Heat Gun 511.000.77.548.68.35.00 52.24 9.5% Sales Tax 511.000.77.548.68.35.00 4.96 Total : 57.20 201171 3/21/2013 014940 INTERSTATE BATTERY SYSTEMS 1905701009435 INV#1905701009435 - EDMONDS PI CR2032 BATTERIES 001.000.41.521.22.31.00 16.90 AA DURACELL BATTERIES 001.000.41.521.22.31.00 53.94 9.5% Sales Tax 001.000.41.521.22.31.00 6.73 Total : 77.57 201172 3/21/2013 074354 IVAHETA, NELSON BLD 2013.0235 Not an online permit, decided not to Not an online permit, decided not to 001.000.257.620 80.00 Total : 80.00 201173 3/21/2013 069851 JACKYE'S ENTERPRISES INC 9572 Street/Storm - Work Garments Street/Storm - Work Garments 111.000.68.542.90.24.00 538.50 Street/Storm - Work Garments 422.000.72.531.90.24.00 538.50 9.5% Sales Tax 111.000.68.542.90.24.00 51.17 9.5% Sales Tax 422.000.72.531.90.24.00 51.15 Total : 1,179.32 201174 3/21/2013 074037 JAMES & KAROLINA CHESHIRE 1-24025 4243-1885462 UTILITY REFUND 4243-1885462 Utility Refund due to Page: 25 Packet Page 50 of 411 vchlist Voucher List Page: 26 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201174 3/21/2013 074037 JAMES & KAROLINA CHESHIRE (Continued) 411.000.000.233.000.000.00 91.97 Total : 91.97 201175 3/21/2013 015270 JCI JONES CHEMICALS INC 574905 WWTP POLYMER SUPPLIES WWTP POLYMER SUPPLIES 423.000.76.535.80.31.53 2,652.94 9.5% Sales Tax 423.000.76.535.80.31.53 250.28 Total : 2,903.22 201176 3/21/2013 074360 JORDAN, HEATHER JORDAN 3/13/13 REFUND -CHILD TOO YOUNG FOR REFUND -CHILD TOO YOUNG FOR 001.000.239.200 61.14 Total : 61.14 201177 3/21/2013 074326 KIMBALL MIDWEST 2863133 Storm - Supplies Storm - Supplies 422.000.72.531.40.31.00 196.64 9.5% Sales Tax 422.000.72.531.40.31.00 18.68 Total : 215.32 201178 3/21/2013 074330 KING, BEN 3/1/13 - 3/15/13 GEOSPATIAL DATA COLLECTION P Geospatial Data Collection & Mappinc 421.000.74.534.80.41.00 1,190.16 Total : 1,190.16 201179 3/21/2013 072059 LEE, NICOLE 1055 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 112.95 Total : 112.95 201180 3/21/2013 067306 LERN 11979-13 MEMBERSHIP RENEWAL FOR MCF MEMBERSHIP RENEWAL FOR MCF 001.000.64.571.22.49.00 395.00 Page: 26 Packet Page 51 of 411 vchlist Voucher List Page: 27 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201180 3/21/2013 067306 067306 LERN (Continued) Total: 395.00 201181 3/21/2013 018950 LYNNWOOD AUTO PARTS INC 674344 Unit 649 - Wheel Bearings and Seals Unit 649 - Wheel Bearings and Seals 511.000.77.548.68.31.10 58.52 9.5% Sales Tax 511.000.77.548.68.31.10 5.56 675442 Unit 114 - Oil Filters Unit 114 - Oil Filters 511.000.77.548.68.31.10 7.32 9.5% Sales Tax 511.000.77.548.68.31.10 0.70 675597 Unit 16 - Oil Filter Unit 16 - Oil Filter 511.000.77.548.68.31.10 6.76 9.5% Sales Tax 511.000.77.548.68.31.10 0.64 Total : 79.50 201182 3/21/2013 069362 MARSHALL, CITA 1215 INTERPRETER FEE INTERPRETER FEE 001.000.39.512.52.41.00 88.32 1247 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 88.32 Total : 176.64 201183 3/21/2013 019920 MCCANN, MARIAN 29 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.29.00 7,802.70 Total : 7,802.70 201184 3/21/2013 020900 MILLERS EQUIP & RENT ALL INC 163140 Street - Air filter for Street Plate Street - Air filter for Street Plate 111.000.68.542.31.31.00 10.59 9.5% Sales Tax Page: 27 Packet Page 52 of 411 vchlist Voucher List Page: 28 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201184 3/21/2013 020900 MILLERS EQUIP & RENT ALL INC (Continued) 111.000.68.542.31.31.00 1.01 Total : 11.60 201185 3/21/2013 069923 MOTION INDUSTRIES INC WA23-249698 WWTP MECHANICAL REPAIR/MAIN WWTP MECHANICAL REPAIR/MAIN 423.000.76.535.80.48.21 823.74 9.5% Sales Tax 423.000.76.535.80.48.21 78.26 Total : 902.00 201186 3/21/2013 021983 MOTOR TRUCKS INC ES104619 Unit 106 - Repairs Unit 106 - Repairs 511.000.77.548.68.48.00 1,129.55 9.2% Sales Tax 511.000.77.548.68.48.00 103.92 Total : 1,233.47 201187 3/21/2013 062381 MRSC 0003915-IN CODE BOOKS Host Code Books on Line 001.000.25.514.30.48.00 350.00 Total : 350.00 201188 3/21/2013 024302 NELSON PETROLEUM 0492380-IN Unit 66 - Grease Pump Pail 1/4" Hose Unit 66 - Grease Pump Pail 1/4" Hose 511.000.77.548.68.31.10 245.00 9.5% Sales Tax 511.000.77.548.68.31.10 23.28 0492503-IN Fleet Filter Inventory Fleet Filter Inventory 511.000.77.548.68.34.40 126.67 9.5% Sales Tax 511.000.77.548.68.34.40 12.03 0493346-IN Fleet Filter Inventory Fleet Filter Inventory 511.000.77.548.68.34.21 2,280.75 Page: 28 Packet Page 53 of 411 vchlist Voucher List Page: 29 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201188 3/21/2013 024302 NELSON PETROLEUM (Continued) 9.5% Sales Tax 511.000.77.548.68.34.21 216.67 Total : 2,904.40 201189 3/21/2013 066391 NORTHSTAR CHEMICAL INC 39497 WWTP BISULFITE SUPPLIES WWTP BISULFITE SUPPLIES 423.000.76.535.80.31.54 950.30 9.5% Sales Tax 423.000.76.535.80.31.54 90.28 Total : 1,040.58 201190 3/21/2013 071245 NORTHWEST ASPHALT INC E9FB.Pmt1.NW Asphalt E9FB.PMT 1.NW ASPHALT.THRU 2/ E9FB.Pmt 1.NW Asphalt.thru 2/28/13 422.000.72.594.31.41.20 58,260.59 E9FB.Pmt 1.NW Asphalt. Retainage 1 422.000.223.400 -2,913.03 Total : 55,347.56 201191 3/21/2013 061013 NORTHWEST CASCADE INC 1-625003 SIERRA PARK RENTALS SIERRA PARK RENTALS 001.000.64.576.80.45.00 172.35 1-625004 EDMONDS ELEMENTARY RENTAL: EDMONDS ELEMENTARY RENTAL: 001.000.64.576.80.45.00 172.35 1-625896 MARINA BEACH RENTALS MARINA BEACH RENTALS 001.000.64.576.80.45.00 1,007.20 1-626437 WILLOW CREEK FISH HATCHERY I WILLOW CREEK FISH HATCHERY I 001.000.64.576.80.45.00 172.35 1-626438 MADRONA ELEMENTARY SCHOOL MADRONA ELEMENTARY SCHOOL 001.000.64.576.80.45.00 162.50 1-627359 CIVIC CENTER RENTALS CIVIC CENTER RENTALS Page: 29 Packet Page 54 of 411 vchlist Voucher List Page: 30 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201191 3/21/2013 061013 NORTHWEST CASCADE INC (Continued) 001.000.64.576.80.45.00 112.35 Total : 1,799.10 201192 3/21/2013 063511 OFFICE MAX INC 856046 PARKS MAINT OFFICE SUPPLIES PARKS MAINT OFFICE SUPPLIES 001.000.64.576.80.31.00 106.80 ADMIN SUPPLIES 001.000.64.571.21.31.00 40.37 9.5% Sales Tax 001.000.64.576.80.31.00 10.15 9.5% Sales Tax 001.000.64.571.21.31.00 3.83 876727 ADMIN OFFICE SUPPLIES ADMIN OFFICE SUPPLIES 001.000.64.571.21.31.00 125.28 9.5% Sales Tax 001.000.64.571.21.31.00 11.90 Total : 298.33 201193 3/21/2013 063511 OFFICE MAX INC 855704 INV 855704 ACCT 520437 250POL E 9X12 KRAFT ENVELOPES 001.000.41.521.10.31.00 52.93 1OX13 SELF SEAL KRAFT ENVELOI 001.000.41.521.10.31.00 37.83 WHITE CATALOG ENVELOPES 001.000.41.521.10.31.00 18.52 DYMO ADDRESS LABELS 001.000.41.521.10.31.00 14.84 STAPLES 001.000.41.521.10.31.00 3.92 9.5% Sales Tax 001.000.41.521.10.31.00 12.16 Total : 140.20 201194 3/21/2013 027060 PACIFIC TOPSOILS 146043 DUMP CLEAN GREEN Page: 30 Packet Page 55 of 411 vchlist Voucher List Page: 31 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201194 3/21/2013 027060 PACIFIC TOPSOILS (Continued) DUMP CLEAN GREEN 001.000.64.576.80.47.00 63.00 146991 DUMPING TOP SOIL DUMPING TOP SOIL 001.000.64.576.80.47.00 63.00 147005 DUMPING SOIL DUMPING SOIL 001.000.64.576.80.47.00 73.50 147014 BRUSHDUMP BRUSHDUMP 001.000.64.576.80.47.00 73.50 147168 DUMP CLEAN GREEN DUMP CLEAN GREEN 001.000.64.576.80.47.00 63.00 147178 BRUSHDUMP BRUSHDUMP 001.000.64.576.80.47.00 73.50 147195 BRUSHDUMP BRUSHDUMP 001.000.64.576.80.47.00 84.00 147225 DUMP CLEAN GREEN DUMP CLEAN GREEN 001.000.64.576.80.47.00 84.00 147240 DUMP CLEAN GREEN DUMP CLEAN GREEN 001.000.64.576.80.47.00 73.50 147270 DUMP CLEAN GREEN DUMP CLEAN GREEN 001.000.64.576.80.47.00 73.50 147278 BRUSH DUMP BRUSH DUMP 001.000.64.576.80.47.00 73.50 147293 BRUSHDUMP BRUSHDUMP 001.000.64.576.80.47.00 73.50 Page: 31 Packet Page 56 of 411 vchlist Voucher List Page: 32 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201194 3/21/2013 027060 027060 PACIFIC TOPSOILS (Continued) Total : 871.50 201195 3/21/2013 027060 PACIFIC TOPSOILS 146171 Strom Dump Fees Strom Dump Fees 422.000.72.531.10.49.00 73.50 146181 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 73.50 146190 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 73.50 146199 Storm Dump Fees Storm Dump Fees 422.000.72.531.10.49.00 73.50 Total : 294.00 201196 3/21/2013 027165 PARKER PAINT MFG. CO.INC. 023035374 ENAMEL PAINT BASE ENAMEL PAINT BASE 001.000.64.576.80.31.00 48.32 9.5% Sales Tax 001.000.64.576.80.31.00 4.59 Total : 52.91 201197 3/21/2013 070962 PAULSONS TOWING INC 100831 INV#100831 - EDMONDS PD TOW/WINCH- 1998 NISSAN #AGHS 001.000.41.521.22.41.00 316.00 9.5% Sales Tax 001.000.41.521.22.41.00 30.02 Total : 346.02 201198 3/21/2013 063951 PERTEET ENGINEERING INC 20100166.000-20 E2DB.SERVICES THRU 3/3/13 E2DB.Services thru 3/3/13 132.000.64.594.76.41.00 1,029.05 20110010.000-19 E7AC.SERVICES THRU 3/3/13 E7AC.Services thru 3/3/13 112.200.68.595.33.41.00 6,222.37 Page: 32 Packet Page 57 of 411 vchlist Voucher List Page: 33 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201198 3/21/2013 063951 063951 PERTEET ENGINEERING INC (Continued) Total : 7,251.42 201199 3/21/2013 068411 PHILLIPS 66 - CONOCO 76 683 Edmonds Gas Charges Edmonds Gas Charges 511.000.77.548.68.34.11 29.97 Total : 29.97 201200 3/21/2013 064552 PITNEY BOWES 9607730-MR13 POSTAGE MACHINE LEASE Lease from 2/28 to 3/30 001.000.25.514.30.45.00 718.60 9.5% Sales Tax 001.000.25.514.30.45.00 68.26 Total : 786.86 201201 3/21/2013 028860 PLATT ELECTRIC SUPPLY INC 3450057 WWTP ELECTRICAL REPAIR/MAIN WWTP ELECTRICAL REPAIR/MAIN' 423.000.76.535.80.48.22 5.58 9.5% Sales Tax 423.000.76.535.80.48.22 0.53 3482909 WWTP ELECTRICAL REPAIR/MAIN' WWTP ELECTRICAL REPAIR/MAIN 423.000.76.535.80.48.22 96.99 9.5% Sales Tax 423.000.76.535.80.48.22 9.21 3485152 WWTP ELECTRICAL REPAIR/MAIN WWTP ELECTRICAL REPAIR/MAIN' 423.000.76.535.80.48.22 31.50 9.5% Sales Tax 423.000.76.535.80.48.22 2.99 Total : 146.80 201202 3/21/2013 074300 PROMOTIONAL MARKETING SERVICES 5022 ESCC PAPERWEIGHTS 24 c-360 CRYSTAL PAPERWEIGHT; 001.000.21.513.10.31.00 432.04 9.5% Sales Tax 001.000.21.513.10.31.00 41.04 Page: 33 Packet Page 58 of 411 vchlist Voucher List Page: 34 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201202 3/21/2013 074300 074300 PROMOTIONAL MARKETING SERVIi (Continued) Total : 473.08 201203 3/21/2013 064088 PROTECTION ONE 2422756 ALARM MONITORING SNO-ISLE LIE ALARM MONITORING SNO-ISLE LIE 001.000.66.518.30.42.00 203.07 Total : 203.07 201204 3/21/2013 074156 RAZZ CONSTRUCTION INC E9GA.Pmt 3 E9GA.PMT 3 THRU 2/28/13 E9GA.Pmt 3 thru 2/28/13 423.000.75.594.35.65.30 406,935.50 Total : 406,935.50 201205 3/21/2013 074359 REQUA, BRENDAN REQUA 02/09/13 DJ DADDY DAUGHTER DANCE DJ DADDY DAUGHTER DANCE 001.000.64.571.22.41.00 150.00 Total : 150.00 201206 3/21/2013 067802 SAN DIEGO POLICE EQUIP CO 605884 INV 605884 CUST #1733 EDMONDS 40 CAL 180 GR TMJ CLEANFIRE AN 001.000.41.521.40.31.00 10,563.24 9.5% Sales Tax 001.000.41.521.40.31.00 1,003.51 Total : 11, 566.75 201207 3/21/2013 036070 SHANNON TOWING INC 198196 INV#198196 - EDMONDS PD TOW 1994 FORD EXPLORER #ADP 001.000.41.521.22.41.00 158.00 9.5% Sales Tax 001.000.41.521.22.41.00 15.01 Total : 173.01 201208 3/21/2013 036955 SKY NURSERY 65788 FLOWER PROGRAM FLOWER PROGRAM 001.000.64.576.81.31.00 125.86 9.5% Sales Tax 001.000.64.576.81.31.00 11.96 Page: 34 Packet Page 59 of 411 vchlist Voucher List Page: 35 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201208 3/21/2013 036955 036955 SKY NURSERY (Continued) Total : 137.82 201209 3/21/2013 037375 SNO CO PUD NO 1 2011-8453-8 23700 104TH AVE W 23700 104TH AVE W 001.000.64.576.80.47.00 234.25 2013-8327-0 PARK GAZEBO PARK GAZEBO 001.000.64.576.80.47.00 32.20 Total : 266.45 201210 3/21/2013 037375 SNO CO PUD NO 1 2004-9683-4 LIFT STATION #10 17526 TALBOT F LIFT STATION #10 17526 TALBOT F 423.000.75.535.80.47.10 140.98 2007-3984-5 SEAVIEW RESERVOIR 18520 90TH SEAVIEW RESERVOIR 18520 90TH 421.000.74.534.80.47.00 32.20 2014-3123-6 PEDEST CAUTION LIGHT 9110 OLY PEDEST CAUTION LIGHT 9110 OLY 111.000.68.542.64.47.00 32.20 2044-2584-7 LIFT STATION #2 702 MELODY LN / LIFT STATION #2 702 MELODY LN / 423.000.75.535.80.47.10 236.68 Total : 442.06 201211 3/21/2013 037800 SNOHOMISH HEALTH DISTRICT CEDM Fleet HEP Fleet HEP 511.000.77.548.68.41.00 296.00 Total : 296.00 201212 3/21/2013 038300 SOUND DISPOSAL CO 104757 WWTP 200 2ND AVE S / ASH DISP( WWTP 200 2ND AVE S / ASH DISP( 423.000.76.535.80.47.65 3,241.69 Total : 3,241.69 201213 3/21/2013 039775 STATE AUDITOR'S OFFICE L97763 Edmonds TBD Audit Services Edmonds TBD Audit Services 139.000.68.542.31.41.00 41.80 Page: 35 Packet Page 60 of 411 vchlist Voucher List Page: 36 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201213 3/21/2013 039775 039775 STATE AUDITOR'S OFFICE (Continued) Total : 41.80 201214 3/21/2013 040430 STONEWAY ELECTRIC SUPPLY S100459053.001 CIVIC FIELD LIGHTS CIVIC FIELD LIGHTS 001.000.64.576.80.31.00 520.97 9.5% Sales Tax 001.000.64.576.80.31.00 49.49 Total : 570.46 201215 3/21/2013 040430 STONEWAY ELECTRIC SUPPLY S100460784.001 PS - Elect Supplies PS - Elect Supplies 001.000.66.518.30.31.00 11.51 9.5% Sales Tax 001.000.66.518.30.31.00 1.09 Total : 12.60 201216 3/21/2013 009350 THE DAILY HERALD COMPANY 1813085 Legal Notice - City of Edmonds Legal Notice - City of Edmonds 001.000.62.558.60.44.00 109.20 1813086 Legal Notice City of Edmonds AMD2( Legal Notice City of Edmonds AMD2( 001.000.62.558.60.44.00 48.16 Total : 157.36 201217 3/21/2013 073284 UNITED HEALTHCARE INSURANCE CO 0030833057 APRIL 2013 UNITED HEALTHCARE April 2013 UHC premiums 811.000.231.511 210,312.70 Total : 210,312.70 201218 3/21/2013 043935 UPS 0000327F51063 Sewer - Camera sent for repairs - Sewer - Camera sent for repairs - 423.000.75.535.80.42.00 236.92 Total : 236.92 201219 3/21/2013 062693 US BANK 5923 CHAMBER LUNCHEON FEBRUARY Chamber luncheon 2/28/13 for direct( 001.000.61.558.70.49.00 20.00 Page: 36 Packet Page 61 of 411 vchlist Voucher List Page: 37 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201219 3/21/2013 062693 062693 US BANK (Continued) Total : 20.00 201220 3/21/2013 062693 US BANK 2985 MULTIPLE PURCHASES OUTDOOR WET LOCATION EMERC 423.000.76.535.80.31.23 91.82 APWA REGISTRATION - KRESETL 423.000.76.535.80.49.71 65.00 TOPGRIP NITRILE EXAM GLOVES 423.000.76.535.80.31.21 899.00 Freight 423.000.76.535.80.31.21 79.50 Total : 1,135.32 201221 3/21/2013 062693 US BANK 2813 Unit 450 POL - Handsfree headset Unit 450 POL - Handsfree headset 511.000.77.548.68.31.10 349.00 Fleet office supplies 511.000.77.548.68.31.10 78.61 Fleet shop tool - Cumbustible gas lea 511.000.77.548.68.35.00 157.49 Unit 100 - Runner 511.000.77.548.68.31.10 87.72 WSU Conf Mgmt Training - M Adams 511.000.77.548.68.49.00 285.00 Total : 957.82 201222 3/21/2013 069836 VOLT SERVICE GROUP 28903342 WWTP PART-TIME ADMIN CLERK WWTP PART-TIME ADMIN CLERK 423.000.76.535.80.41.00 476.58 Total : 476.58 201223 3/21/2013 067195 WASHINGTON TREE EXPERTS 06-8954 PRUNE 8 PIM OAK TREES PRUNE 8 PIM OAK TREES 001.000.64.576.80.48.00 1,400.00 9.5% Sales Tax 001.000.64.576.80.48.00 133.00 Page: 37 Packet Page 62 of 411 vchlist Voucher List Page: 38 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201223 3/21/2013 067195 WASHINGTON TREE EXPERTS (Continued) 06-8955 REMOVE SPILT SILVER POPAL TRI REMOVE SPILT SILVER POPAL TRI 001.000.64.576.80.48.00 650.00 9.5% Sales Tax 001.000.64.576.80.48.00 61.75 06-8956 REMOVE SPLIT ASH TREE REMOVE SPLIT ASH TREE 001.000.64.576.80.48.00 400.00 9.5% Sales Tax 001.000.64.576.80.48.00 39.20 06-8957 BALLNGER PARK BALLNGER PARK 001.000.64.576.80.48.00 740.00 9.5% Sales Tax 001.000.64.576.80.48.00 72.52 Total : 3,496.47 201224 3/21/2013 026510 WCIA 100964 SR CTR FLOOD INS POLICY AB000 Senior Center Flood Insurance Policy 001.000.39.518.90.46.00 1,567.00 Total : 1,567.00 201225 3/21/2013 049208 WESTERN EQUIP DIST INC 718322 Unit 109 - Repairs Unit 109 - Repairs 511.000.77.548.68.48.00 1,705.14 9.5% Sales Tax 511.000.77.548.68.48.00 161.99 Total : 1,867.13 201226 3/21/2013 069691 WESTERN SYSTEMS 23200 E7AA.MID BLOCK FLASHERS E7AA.Mid Block Flashers 112.200.68.595.33.41.00 6,337.28 Total : 6,337.28 201227 3/21/2013 069691 WESTERN SYSTEMS 0000023164 Traffic Control - Pushbutton Housing Page: 38 Packet Page 63 of 411 vchlist 03/21/2013 9:22:11AM Voucher List City of Edmonds Page: 39 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 201227 3/21/2013 069691 WESTERN SYSTEMS (Continued) Traffic Control - Pushbutton Housing 111.000.68.542.64.31.00 1,260.00 9.5% Sales Tax 111.000.68.542.64.31.00 119.70 Total : 1,379.70 201228 3/21/2013 064008 WETLANDS & WOODLANDS 3887 VOLUNTEER PLANTING AT PINE RI VOLUNTEER PLANTING AT PINE RI 125.000.64.576.80.31.00 1,026.56 Total : 1,026.56 201229 3/21/2013 072634 WHISTLE WORKWEAR 1583 Sewer - Work Jeans (5) - S Matthews Sewer - Work Jeans (5) - S Matthews 423.000.75.535.80.24.00 185.35 9.5% Sales Tax 423.000.75.535.80.24.00 17.61 Total : 202.96 201230 3/21/2013 073479 WU, THOMAS 1006 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 147.68 Total : 147.68 201231 3/21/2013 074363 YON TAEK & KI CHA CHOE 5-15910 #0812038 UTILITY REFUND #0812038 Utility refund - received 411.000.233.000 132.57 Total : 132.57 123 Vouchers for bank code : usbank Bank total : 991,206.67 123 Vouchers in this report Total vouchers : 991,206.67 Page: 39 Packet Page 64 of 411 vchlist Voucher List Page: 40 03/21/2013 9:22:11AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount Page: 40 Packet Page 65 of 411 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number FAC Edmonds Museum Exterior Repairs Project c327 EOLA FAC Senior Center Roof Repairs c332 EOLB General SR99 Enhancement Program c238 E6MA General SR104 Telecommunications Conduit Crossing c372 ElEA PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 EBMA PM Interurban Trail c146 E2DB PM Marina Beach Additional Parking c290 EBMB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM STM Edmonds Marsh Feasibility Study c380 E2FC STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1 FN STM Public Facilities Water Quality Upgrades c339 E1 FD STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1 FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 2009 Street Overlay Program c294 E9CA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA Revised 3/21 /2013 Packet Page 66 of 411 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STR Shell Valley Emergency Access Road c268 E7CB STR Sunset Walkway Improvements c354 E1 DA STR Transportation Plan Update c391 E2AA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2013 Sewerline Replacement Project c398 E3GA SWR Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR BNSF Double Track Project c300 EBGC SWR City -Wide Sewer Improvements c301 EBGD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA SWR OVD Sewer Lateral Improvements c142 E3GB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2010 Waterline Replacement Program c363 EOJA WTR 2011 Waterline Replacement Program c333 E1JA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE WTR 2013 Waterline Replacement Program c397 E3JA WTR 5th Avenue Overlay Project c399 E2CC WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR AWD Intertie and Reservoir Improvements c324 EOIA WTR Edmonds General Facilities Charge Study c345 E1JC WTR Main Street Watermain c375 E1JK WTR OVD Watermain Improvements c141 E3JB WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD Revised 3/21 /2013 Packet Page 67 of 411 PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM EOFC c326 Stormwater GIS Support WM d Res r WTR EOJA c363 2010 Waterline Replacement Program FAC EOLB STR E1AB STR E1 DA c332 c342 c343 c354 c372 STM El FA c336 c339 STM E1FF c341 STM STM E1 FM c374 SWR E1GA c347 WTR c370 WTR E1JA c333 WTR E1JC WTR E1JE WTR c344 c345 c340 ds Museum Exterior Repairs Project Senior Center Roof Repairs Five Corners Roundabout (212th Street SW @ 84th Avenue W) 2011 Residential Neighborhood Traffic Calming ntersection Improvements Sunset Walkway Improvements SR104 Telecommunications Conduit Crossing SW Edmonds-1 05th/1 06th Ave W Storm Improvements Public Facilities Water Quality Upgrades Storm Contribution to Transportation Proiects lbr Develop -IPDES Capacity) Street & SR104 Storm Drainaae Alternatives Irerrinville Creek Culvert Replacement Alder/Dellwood/Beach PI/224th St. Sewer Replacement Sewer, Water, Stormwater Revenue Requirements Update 2011 Waterline Replacement Program 76th Av� Extension Edmonds General Facilities PRV Station 11 and 12 Abandonment 2012 Waterline Replacement Progran c375 Main Street Watermain STR E2AA c391 Transportation Plan Update IR � Improvement Project STR E2AC c404 Citvwide Safetv Improvements c405 WTR E2CA c388 c389 WTR E2CC c399 STM E2FA c378 rwy 99 Enhancements (Phase III) 2012 Waterline Overlay Program Pioneer Way Road Repair 5th Ave Overlay Project Interurban Trail amw North Talbot Road Drainage Improvements SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Revised 3/21/2013 Packet Page 68 of 411 Edmonds Marsh Feasibility Study PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Protect Title E2FD c381 Lake Ballinger Associated Projects 2012 STM E2FE c382 2012 Citywide Storm Drainage Improvements 012 Sanitary Sewe SWR E2GB c390 Alder Sanitary Sewer Pipe Rehabilitation STM E3FB c407 STM E3FD c409 STM SWR E3GA c398 3 Citywide Drainage Repl 2013 Lake Ballinger Basin Study & Associated Projects Perrinville Creek Stormwater Flow Reduction Retrofit Study Dayton Street Storm Improvements (6th Ave - 8th Ave) JlorthstreMe Abandon 2013 Sewerline Replacement Proiect Improvements WTR E3JA c397 2013 Waterline Replacement Program OVD Watermain Improvements STR E6DA c245 76th Avenue West/75th Place West Walkway Project rive (SR524) Walkway Project General E6MA c238 SR99 Enhancement Proaram E7AA c265 Main Street Lighting and Sidewalk Enhancements STR E7AC i005 228th St. SW Corridor Improvements c268 Shell Valley Emergency Access Road STM E7FG m013 NPDES SWR E8GA c298 Lift Station 2 Improvements (Separated from Us 13 - 09/01/08) c300 BNSF Double Track Project= SWR E8GD c301 Citv-Wide Sewer Improvements Fourth Avenue Cultural Corridor PM E8MB c290 Marina Beach Additional Parking c294 2009 Street Overlay Program STR E9DA c312 226th Street Walkway Project albot Rd SWR E9GA c304 Sewer Lift Station Rehabilitation Design Senior Center Parking Lot & Landscaping Improvements Revised 3/21/2013 Packet Page 69 of 411 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title WTR c141 E3JB OVD Watermain Improvements SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STIR c245 E6DA 76th Avenue West/75th Place West Walkway Project STIR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STIR c265 E7AA Main Street Lighting and Sidewalk Enhancements STIR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 EBMA Fourth Avenue Cultural Corridor PM c290 EBMB Marina Beach Additional Parking STIR c294 E9CA 2009 Street Overlay Program SWR c298 EBGA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c300 EBGC BNSF Double Track Project SWR c301 EBGD City -Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation STIR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 EOIA AWD Intertie and Reservoir Improvements STM c326 EOFC Stormwater GIS Support FAC c327 EOLA Edmonds Museum Exterior Repairs Project STIR c329 EOAA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 EOLB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c336 E1 FA SW Edmonds-105th/106th Ave W Storm Improvements STM c339 E1 FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1 FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STIR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study Revised 3/21/2013 Packet Page 70 of 411 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA Alder/Dellwood/Beach PI/224th St. Sewer Replacement STM c349 E1 FH Stormwater Development Review Support (NPDES Capacity) STR c354 E1 DA Sunset Walkway Improvements WTR c363 EOJA 2010 Waterline Replacement Program STR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1GB Sewer, Water, Stormwater Revenue Requirements Update General c372 ElEA SR104 Telecommunications Conduit Crossing STM c374 E1 FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1 FN Perrinville Creek Culvert Replacement STM c378 E2FA North Talbot Road Drainage Improvements STM c379 E2FB SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 E2FC Edmonds Marsh Feasibility Study STM c381 E2FD Lake Ballinger Associated Projects 2012 STM c382 E2FE 2012 Citywide Storm Drainage Improvements WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation STR c391 E2AA Transportation Plan Update STR c392 E2AB 9th Avenue Improvement Project WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project WTR c399 E2CC 5th Ave Overlay Project STR c404 E2AC Citywide Safety Improvements STR c405 E2AD Hwy 99 Enhancements (Phase III) STM c406 E3FA 2013 Citywide Drainage Replacement STM c407 E3FB 2013 Lake Ballinger Basin Study & Associated Projects STM c408 E3FC Perrinville Creek Stormwater Flow Reduction Retrofit Study STM c409 EYD Dayton Street Storm Improvements (6th Ave - 8th Ave) STM c410 EYE Northstream Pipe Abandonement on Puget Drive STR i005 E7AC 228th St. SW Corridor Improvements STM m013 E7FG NPDES Revised 3/21/2013 Packet Page 71 of 411 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 EOJA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE STM 2013 Citywide Drainage Replacement c406 E3FA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E31`13 SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC WTR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA WTR AWD Intertie and Reservoir Improvements c324 EOIA SWR BNSF Double Track Project c300 EBGC STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Citywide Safety Improvements c404 E2AC SWR City -Wide Sewer Improvements c301 EBGD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c409 E3FD WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 EOLA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA Revised 3/21 /2013 Packet Page 72 of 411 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number PM Fourth Avenue Cultural Corridor c282 EBMA STR Hwy 99 Enhancements (Phase III) c405 E2AD PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA STIR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 EBMB STM North Talbot Road Drainage Improvements c378 E2FA STM Northstream Pipe Abandonement on Puget Drive c410 E3FE STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1 FD PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 EOLB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STIR Shell Valley Emergency Access Road c268 E7CB General SR104 Telecommunications Conduit Crossing c372 ElEA General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STIR Sunset Walkway Improvements c354 E1 DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1 FA STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB STIR Transportation Plan Update c391 E2AA Revised 3/21 /2013 Packet Page 73 of 411 PROJECT NUMBERS (Phase and Task Numbers) Phases and Tasks (Enaineerina Division Phase Title ct Construction ds Design pl Preliminary sa Site Acquisition & Prep st Study ro Right -of -Way Task Title 196 Traffic Engineering & Studies 197 MAIT 198 CTR 199 Engineering Plans & Services 950 Engineering Staff Time 970 Construction Management 981 Contract 990 Miscellaneous 991 Retainage stm Engineering Staff Time -Storm str Engineering Staff Time -Street swr Engineering Staff Time -Sewer wtr Engineering Staff Time -Water prk Engineering Staff Time -Park Packet Page 74 of 411 Benefit Checks Summary Report City of Edmonds Pay Period: 609 - 03/01/2013 to 03/15/2013 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 60098 03/20/2013 mebt AST TTEE 821.80 0.00 60099 03/20/2013 epoa2 EPOA-POLICE 2,088.00 0.00 60100 03/20/2013 epoa3 EPOA-POLICE SUPPORT 301.50 0.00 60101 03/20/2013 flex FLEX -PLAN SERVICES, INC 295.83 0.00 60102 03/20/2013 pb NATIONWIDE RETIREMENT SOLUTION 3,066.05 0.00 60103 03/20/2013 sdu STATE DISBURSEMENT UNIT 250.00 0.00 60104 03/20/2013 teams TEAMSTERS LOCAL 763 4,148.00 0.00 60105 03/20/2013 icma VANTAGE TRANSFER AGENTS 304884 1,732.33 0.00 60106 03/20/2013 wadc WASHINGTON STATE TREASURER 16,071.00 0.00 Bank: wire - US BANK 28,774.51 0.00 Check # Date Payee # Name Check Amt Direct Deposit 1995 03/20/2013 front FRONTIER BANK 84,802.04 0.00 1997 03/20/2013 flex FLEX -PLAN SERVICES, INC 164.40 0.00 1998 03/20/2013 oe OFFICE OF SUPPORT ENFORCEMENT 208.50 0.00 85,174.94 0.00 Grand Totals: 113,949.45 0.00 3/ 19/2013 Packet Page 75 of 411 Page 1 of 1 Payroll Earnings Summary Report City of Edmonds Pay Period: 609 (03/01/2013 to 03/15/2013) Hour Type Hour Class Description Hours Amount 112 ABSENT NO PAY NON HIRED 58.00 0.00 121 SICK SICK LEAVE 688.20 22,743.27 122 VACATION VACATION 629.25 20,891.03 123 HOLIDAY HOLIDAY HOURS 95.00 3,446.93 124 HOLIDAY FLOATER HOLIDAY 190.50 5,683.41 125 COMP HOURS COMPENSATORY TIME 97.75 3,223.49 129 SICK Police Sick Leave L & 1 88.00 3,196.17 131 MILITARY MILITARY LEAVE 10.00 381.76 141 BEREAVEMENT BEREAVEMENT 16.00 1,007.27 150 REGULAR HOURS Kelly Day Used 142.00 4,952.77 152 COMP HOURS COMPTIME BUY BACK 25.38 946.67 155 COMP HOURS COMPTIME AUTO PAY 102.38 4,326.46 158 VACATION VACATION PAYOFF 74.64 2,280.47 160 VACATION MANAGEMENT LEAVE 32.00 1,697.06 190 REGULAR HOURS REGULAR HOURS 15,059.30 519,101.19 196 REGULAR HOURS LIGHT DUTY 24.00 882.01 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 2,280.65 216 MISCELLANEOUS STANDBY TREATMENT PLAN1 15.00 1,423.40 220 OVERTIME HOURS OVERTIME 1.5 90.50 5,418.23 225 OVERTIME HOURS OVERTIME -DOUBLE 0.25 18.72 405 ACTING PAY OUT OF CLASS - POLICE 0.00 204.53 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 475.47 602 COMP HOURS ACCRUED COMP 62.00 0.00 604 COMP HOURS ACCRUED COMP TIME 137.00 0.00 606 COMP HOURS ACCRUED COMP TIME 3.00 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 23.56 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 158.62 boc MISCELLANEOUS BOC 11 Certification 0.00 80.05 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 137.44 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 513.04 det MISCELLANEOUS DETECTIVE PAY 0.00 95.89 det4 MISCELLANEOUS Detective 4% 0.00 795.84 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 722.30 03/19/2013 Packet Page 76 of 411 Page 1 of 2 Payroll Earnings Summary Report City of Edmonds Pay Period: 609 (03/01/2013 to 03/15/2013) Hour Type Hour Class Description Hours Amount ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 834.14 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 4,920.31 furls SICK FAMILY MEDICAL/SICK 106.50 3,711.29 fmly VACATION Family Medical Leave Vacation 85.00 3,580.98 k9 MISCELLANEOUS K-9 PAY 0.00 211.31 Iq1 LONGEVITY PAY LONGEVITY PAY 2% 0.00 1,928.00 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 1,518.30 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 4,669.31 Iq4 LONGEVITY Longevity 1 % 0.00 390.37 Iq5 LONGEVITY Longevity 3% 0.00 66.98 Iq6 LONGEVITY Longevity .5% 0.00 241.37 Iq7 LONGEVITY Longevity 1.5% 0.00 604.09 Iqh LONGEVITY Longevity Hourly 0.00 0.00 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 191.78 ooc MISCELLANEOUS 5% OUT OF CLASS 0.00 239.28 pds MISCELLANEOUS Public Disclosure Specialist 0.00 44.66 phv MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 1,617.18 prof MISCELLANEOUS PROFESSIONAL STANDARDS 0.00 147.00 sdp MISCELLANEOUS SPECIAL DUTY PAY 5% 0.00 290.85 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 147.00 traf MISCELLANEOUS TRAFFIC 0.00 302.03 17,879.65 $632,763.93 Total Net Pay: $433,962.55 03/19/2013 Packet Page 77 of 411 Page 2 of 2 AM-5498 City Council Meeting Meeting Date: 03/26/2013 Time: Consent Submitted By: Carrie Hite Department: Parks and Recreation Committee: Public Safety, Personnel Type: Information Subiect Title Edmonds City Code Updates Action Recommendation Personnel committee forwarded this to Council for approval on consent. 3. C. Previous Council Action This past year City Council adopted changes to the Personnel Policies, added Special Duty Pay, and adopted changes to the Nonrepresented compensation policy. These ECC changes are proposed to create consistency with all of these documents. Narrative Attached is a draft ordinance with ECC changes to be consistent with the newly adopted Personnel Policies, Special Duty Pay, and Nonrepresented Employee Compensation. In addition, Council members Bloom and Peterson have requested an additional change to the ECC, on item 2.25.050 D, having to do with Council approval for travel and training for Council members, boards and commissions. Currently travel and training approval is required by full Council. The suggested change is to have the Council President approve these items. Please see strike and edit on item D for this change. Also, attached for your review is the final adopted Personnel Policies and Nonrepresented Compensation Policy. Final Personnel Policy Nonrep Compensation Policy Ordinance with ECC changes AttnrhmPntc Form Review Inbox Reviewed By Date City Clerk Linda Hynd 02/13/2013 03:34 PM Mayor Dave Earling 02/14/2013 04:42 PM Finalize for Agenda Sandy Chase 02/21/2013 09:36 AM Form Started By: Carrie Hite Started On: 02/13/2013 10:41 AM Packet Page 78 of 411 Final Approval Date: 02/21/2013 Packet Page 79 of 411 CITY OF EDMONDS PERSONNEL POLICIES Dave Earling, Mayor 2012 Packet Page 80 of 411 TABLE OF CONTENTS Message from the Mayor Chapter I, Purpose & Scope Value Statement Intent of Policies Scope of Policies Changing the Policies Definitions Chapter II, General Policies and Practices Equal Employment Opportunity Policy Disability Discrimination Prohibited Life Threatening/Communicable Diseases Anti -Harassment Policy Including Sexual Harassment Complaint Process: Discrimination, Harassment, Retaliation Employee Personnel Records Employment References Employment Rights Chapter III, Recruiting, Hiring and Promotion Value Statement Recruiting Policy Hiring Policy Hourly Employees Orientation Period Employment of Relatives (Nepotism) Promotions Transfers/Lateral Moves Rehire Job Assignments Chapter IV, Hours and Attendance Value Statement Standard Work Hours Overtime Compensatory Time Attendance Unusual Weather Conditions Meals and Restbreaks Callbacks Payroll Records 10 10 11 11 12 13 14 14 15 15 15 17 17 18 18 18 19 19 20 20 20 21 22 22 22 23 23 Packet Page 81 of 411 Chapter V, Compensation Value Statement Salary Classification and Grades Pay Rates Union Employees Non Represented Employees Promotion Paydays Errors in Pay Deductions Acting Pay Special Duty Pay Compensation Upon Termination Reclassification Completion of Orientation Period Chapter VI, Performance Evaluations and Traini Value Statement Performance Evaluation Policy Training Policy College Reimbursement Chapter VII, Benefits MEBT State Retirement Deferred Compensation Industrial Accident Insurance (Workers Compensation) Health Insurance Unemployment Insurance Life Insurance Employee Assistance Plan (EAP) Extended Health Benefits (COBRA) Chapter VI11, Leaves Value Statement Vacation Sick Leave Fitness for Duty Leave Without Pay Jury and Witness Duty Administrative Leave Military Leave Washington Military Leave for Spouses & Domestic Partners Family Medical Leave Pregnancy Disability Leave Bereavement Leave 24 24 24 24 24 25 25 25 25 25 26 26 26 26 27 27 27 28 30 30 30 30 32 32 32 32 32 34 34 34 37 37 37 37 38 38 39 43 44 Packet Page 82 of 411 Domestic Violence, Sexual Assault & Stalking Leave Shared Leave Holidays Religious Holidays Benefits for Part -Time and Temporary Employees Payment for Accrued Leaves Chapter IX, Travel and Meal Expenses Value Statement Authorization Accommodations Meals Use of Private Cars Use of City Vehicles Chapter X, Employee Responsibilities and Code of Ethics General Code of Conduct Outside Employment and Conflicts of Interest Reporting Improper Government Action Political Activities No Smoking Policy Personal Possessions and Electronic Communications Use of Telephones and City Vehicles Bulletin Boards Media Relations Use of Safety Belts Driver's License Requirements Solicitations Use of City Credit Substance Abuse Chapter XI, Discipline and Terminations Value Statement Actions Subject to Disciplinary Action Disciplinary Actions Pre -Disciplinary or Pre -Termination Hearing Layoff Resignation Chapter XII, Recognition and Suggestions Value Statement Recognition Suggestions Chapter XII I, Safety Value Statement 4 44 45 46 46 47 47 48 48 48 48 48 49 50 50 51 54 54 54 54 55 55 55 55 55 56 56 58 58 60 61 62 62 63 63 63 64 Packet Page 83 of 411 General Safety 64 Bloodborne Pathogens 64 Workplace Violence 64 Safety Committees 65 Accidents 66 Training 66 Accident Prevention Program 66 Chapter XIV, Complaint Procedures Complaint Procedures 67 Appendix A - Information Services Acceptable Use Policy 69 Appendix B — Drug & Alcohol Testing Policies & Procedures 79 Appendix C - Receipt of Personnel Policies 96 Packet Page 84 of 411 MESSAGE FROM THE MAYOR Please read and become familiar with the City's personnel policies. They have been developed to guide your employment and help you fully utilize the resources available to you. They will acquaint you with your employee benefits, our personnel practices and rules, and our organizational philosophy. As a City employee, it is extremely important that you fully understand what is expected of you and what you can expect from us. If you have any questions at any time regarding our policies, please ask your supervisor, department director, or contact the Human Resources Office. As the City grows and changes, personnel policies may change. The City, therefore, reserves the right to revise, supplement, clarify or rescind any policy or portion of a policy when deemed appropriate by the Mayor. Changes will be posted on-line, and the City will endeavor to notify you in a timely manner when changes occur. Please also understand that no supervisor, manager or representative of the City, other than the Mayor, has the authority to make any written or verbal statements or representations, which are inconsistent with these policies. It is my desire to offer you a comfortable work environment, helpful supervision, training and equipment to help you do your job, and a clear sense of direction and expectations. I strongly believe we are a team that provides great customer service, and I want everyone to keep up the good work. A good team not only shares a common vision, but also has a set of rules with which everyone can effectively work together. These personnel policies are our team's rules. Please use them in that spirit. Dave Earling, Mayor Packet Page 85 of 411 CHAPTERI PURPOSE AND SCOPE 1.1 VALUE STATEMENT The City's primary goal is to provide quality service to its customers, the citizens of Edmonds. To accomplish this goal, we all need to work together as a team. The City places the highest value on our employees and their well being. We want to see that you are a satisfied worker, with the support and information necessary to achieve the objectives of your position. Only in this manner can your contribution to the City's organization be the most productive. It is our belief that when consistent personnel policies are known and communicated to all, the choices for greater job satisfaction increase. We encourage you to read these policies. If you have any questions, please ask your supervisor or department director. As you have ideas or suggestions for improvement, please follow the same process. 1.2 INTENT OF POLICIES These personnel policies serve as a general guide to the City's current employment practices and procedures. As such, we hope they will help you better understand how the City operates and what is expected of you as an employee. These policies also describe what the City provides you in terms of compensation, benefits and other support. These policies are not intended to be a contract, express or implied, or any type of promise or guarantee of specific treatment upon which you may rely, or as a guarantee of employment for any specific duration. Although we hope that your employment relationship with us will be long term, we recognize that things may not always work out as hoped, and either of us may decide to terminate the employment relationship. Employees, who are exempt from collective bargaining representation or otherwise deemed executive, managerial, or confidential by the City, are considered at -will employees and may be terminated from City employment at any time, with or without cause and with or without notice. No one, other than the Mayor, has the authority to enter into any written or verbal commitment or agreement, which affects the at -will status of such employees. All other employees' employment status shall be governed primarily by the personal employment contract, collective bargaining labor agreement, civil service rules, City Personnel Policies, or other written document applicable to their individual case. 1.3 SCOPE OF POLICIES These personnel policies apply to all City employees. In cases where these policies conflict with any City ordinance, Civil Service rules and regulations, the provisions of a collective bargaining agreement, an individual employment contract, state or federal law, the terms of that law or agreement prevail. In all other cases, these policies apply. Packet Page 86 of 411 1.4 CHANGING THE POLICIES As the need arises, the Mayor may modify these policies, except that the City Council, by ordinance, maintains the authority to enact any changes in compensation or benefit levels. The Mayor may deviate from these policies in individual situations, particularly in an emergency, in order to achieve the primary mission of serving the City's citizens. Employees may request specific changes to these policies by submitting suggestions to their department director. These Personnel Policies supersede any previous City Personnel Policies. In the event of an amendment to these policies as a result of changes in ordinances, rules, or laws incorporated in this document, these policies shall be deemed amended in conformance with those changes. As updated policies are prepared, they will be incorporated into the on-line document. 1.5 DEFINITIONS Regular Full -Time Employee: An employee who has successfully completed an orientation period (sometimes referred to as probationary or trial period) as defined in these policies and who regularly works a minimum of forty (40) hours a week. Regular Part -Time Employee: An employee who has successfully completed an orientation period (sometimes referred to as probationary or trial period) and who regularly works less than forty (40) but at least twenty (20) hours a week. Benefits provided to a part-time employee shall be pro -rated based upon the ratio of the regularly scheduled hours per week of the part-time employee to 40 hours per week. Hourly Employee: Employees who work less than twenty (20) hours per week or hold jobs of limited duration due to special projects, seasonal work, abnormal workloads or emergencies. Hourly employees are eligible for only those limited benefits specifically provided for in a written contract or by state or federal law or regulation, or by city ordinance. Volunteer: Volunteers are persons who voluntarily perform work assignments without the expectation of any wage, salary, or benefits, with the exception of Workers' Compensation coverage. Volunteers may receive only nominal compensation. Volunteers normally work under the direction of a City staff person on City premises and may use City equipment and supplies. Volunteer time is recorded and reported to the State for purposes of obtaining Workers Compensation Insurance. Leased Employees: Leased employees are persons, who are employees of another agency, such as a temporary employment agency, and working on a temporary basis under the direction of the City. Leased employees are not employees of the City; they are not on the City pay or benefit plans; and they are not covered by these Personnel Policies. Packet Page 87 of 411 Immediate Family: For the purposes of these policies, immediate family will be defined as the spouse, registered domestic partner, children, stepchildren, mother/father, mother in-law/father-inlaw, step parent, brothers, sisters, and grandparents unless defined differently in a specific section of these policies or in a collective bargaining agreement. Packet Page 88 of 411 CHAPTER II GENERAL POLICIES AND PRACTICES 2.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY The City values diversity in its workforce, and believes a better outcome is achieved when a variety of employees with different backgrounds work together toward a common goal. The City also believes better customer service can be delivered when the workforce is representative of the customers it serves. The City is an equal employment opportunity employer. The City employs, retains, promotes, terminates and otherwise treats all employees and job applicants on the basis of job -related qualifications and competence. These policies and all employment practices shall be applied without regard to any individual's sex, race, color, religion, national origin, pregnancy, age, marital status, sexual orientation including gender expression and identity, military or honorably discharged veteran status, disability, genetic information or other basis prohibited by law. 2.2 DISABILITY DISCRIMINATION/ACCOMODATING DISABILITIES As part of the City's Equal Employment Opportunity commitment, the City will follow all applicable provisions of the Americans with Disabilities Act (ADA), the Washington State Law Against Discrimination, and other applicable federal, state, and local laws. These laws prohibit the City from engaging in any employment practices that discriminate against qualified applicants or employees with disabilities, including any sensory, physical, or mental impairments. The City will seek to reasonably accommodate qualified applicants and employees who have disabilities that may affect job performance, unless doing so presents an undue hardship to the City. An employee who has a sensory, physical, or mental impairment that affects job performance should inform Human Resources as soon as possible. The City will then discuss with the employee the possibility of providing reasonable accommodations to enable the employee to perform the essential functions of the employee's job. Whenever possible, the City wishes to accommodate the needs of employees with disabilities, but the City also has an obligation to provide a safe working environment for all employees and others on the premises. The City therefore needs to ensure that an employee's health condition does not pose a substantial or unreasonable risk of harm to the employee or others. The City may request that an employee provide medical information from treating health care providers to assist in the process. An employee may also be asked to attend a medical evaluation by an independent health care provider at the City's expense. Employees are expected to fully cooperate, including taking all steps needed to obtain medical information in a timely manner. If the City determines that an employee is unable to perform the essential functions of the job, even with reasonable accommodation, the City will work with the employee in identifying and applying for other jobs that are or may become available and for which the employee may be qualified. 10 Packet Page 89 of 411 2.3 LIFE THREATENING/COMMUNICABLE DISEASES Employees with life threatening illnesses or communicable diseases are treated the same as all other employees. They are permitted to continue working as long as they are able to maintain an acceptable level of performance and medical evidence shows they are not a threat to themselves or their co-workers. The City will work to preserve the safety of all of its employees and reserves the right to reassign employees or take other job actions, including discharge, when a substantial and unusual safety risk to fellow City employees or the public exists. 2.4 ANTI -HARASSMENT POLICY, INCLUDING SEXUAL HARASSMENT The City is committed to ensuring that the practices and conduct of all its employees comply with the requirements of Federal, State and local laws against employment discrimination. The City strives to maintain a work environment that fosters mutual employee respect and promotes harmonious, productive working relationships. Respectful, professional conduct furthers the City's mission and promotes productivity, minimizes disputes, and enhances our reputation. The City believes that harassment and retaliation undermine the integrity of the employment relationship. Therefore, the City prohibits harassment and retaliation by any employee towards any other employee, including supervisors. Employees are also prohibited from harassing or retaliating against third parties, including citizens, vendors, and visitors to the workplace. All employees are expected to be sensitive to and respectful of their co-workers and others with whom they come into contact while at the City. The City also prohibits third parties, including citizens, vendors and visitors to the work place, from harassing employees. It is the policy of the City that all employees have the right to work in an environment free from harassment based upon their race, color, religion, gender, national origin, age, marital status, pregnancy, honorably discharged veteran or military status, sexual orientation including gender expression and identity, disability, genetic information, or any other protected status or characteristic. Any such harassment of employees by their co- workers, supervisors or others in the workplace will not be tolerated. A definition of all conduct that could constitute unlawful discrimination or harassment or other unlawful conduct is difficult, if not impossible, to create. For that reason the following list of examples of prohibited conduct is intended to be illustrative but not all-inclusive. • Verbal or physical conduct that demeans or shows hostility or aversion toward another employee or members of the public. • Slurs or demeaning comments to employees or members of the public relating to race, ethnic background, color, religion, national origin, pregnancy, age, marital status, sexual orientation including gender expression and identity, military or honorably discharged veteran status, or any other characteristic protected by law. Sexual harassment is also a form of unlawful discrimination. Examples of prohibited conduct include but are not limited to: 11 Packet Page 90 of 411 • Unwanted physical contact or conduct of any kind, including sexual flirtations, touching, advances, or propositions; • Verbal harassment of a sexual nature, including but not limited to lewd comments, sexual jokes or references, and offensive personal references; • Demeaning, insulting, intimidating, or sexually suggestive comments about an individual; • The display in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects, pictures, cartoons or photographs; • Demeaning, insulting, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages. • Solicitation or coercion of sexual activity, dates or the like with the implied or express promise of rewards or preferential treatment. • Intimidating, hostile, derogatory, contemptuous or otherwise offensive remarks that are directed at a person because of that person's gender, whether or not the remarks themselves are sexual in nature, where the remarks cause discomfort or humiliation and interfere with the performance of the employee's duties. Every manager, supervisor, and employee is responsible for creating an atmosphere free of harassment, sexual or otherwise. Each employee is responsible for respecting the rights of co-workers and others, including the citizens they serve. 2.5 COMPLAINT PROCESS: DISCRIMINATION, HARASSMENT, OR RETALIATION Harassment, particularly sexual harassment, and discrimination can be difficult to define. For this reason, the City strongly urges employees to use this harassment and discrimination reporting procedure without worrying about whether the conduct involved would be considered harassment or discrimination in a legal sense. This policy is intended to assist the City in addressing not only illegal harassment and discrimination, but also any conduct that is offensive and inappropriate. If, at any time, you believe that you are being subjected to harassment or discrimination, if you become aware of such conduct being directed at someone else, or if you believe another employee has received more favorable treatment because of discrimination, you must promptly notify Human Resources or a manager or director with whom you feel comfortable. This applies to harassment or discrimination caused by anyone with whom an employee comes into contact with as part of the employee's job, such as supervisors, co-workers, citizens, vendors or others. Supervisors and managers have an obligation to immediately report to Human Resources and the Mayor any harassment or discrimination that they observe or become aware of during the course of their employment. All reported incidents will be investigated under the following guidelines: All complaints will be kept confidential to the fullest extent possible. This means they will be disclosed only to management, witnesses, and others as necessary to allow the City to investigate and respond to the complaint, and 12 Packet Page 91 of 411 as may be required by law. However, the City will not allow the goal of confidentiality to be a deterrent to an effective investigation. • A resolution of each complaint will be reached and communicated to the complaining employee. • Anyone who the City concludes has violated the anti -harassment or anti- discrimination policy will be subject to disciplinary action, up to and including discharge. Disciplinary action will depend on the gravity of the offense. The City will take whatever action deemed necessary to prevent an offense from being repeated. • The City will not permit retaliation against anyone who makes a good -faith complaint or who cooperates in good faith in an investigation. Retaliatory conduct will subject the individuals involved to discipline, up to and including discharge from employment. • If, after investigating a complaint of harassment or discrimination, the City finds that the complaining employee or other witness has deliberately provided false information, disciplinary action may be taken against the individual who gave the false information. However, an employee will not be disciplined for reporting a complaint in good faith, or for cooperating in the investigation of such claims. The City strongly urges employees to report all incidents of harassment, discrimination or other inappropriate behavior as soon as possible. The City wants to provide employees with a pleasant and productive working environment, and can only do so if these issues are brought to our attention. Please join the City in our efforts to make the City an enjoyable place to work for all employees. 2.6 EMPLOYEE PERSONNEL RECORDS The official Personnel File for each employee is kept in the Human Resources Office. An employee's personnel file contains the employee's name, title and/or position held, job description, department to which the employee is assigned, salary, changes in employment status, training received, certifications, performance evaluations, personnel actions affecting the employee, including discipline, and other pertinent information. Medical information about employees is contained in a separate confidential file. The Police Chief is authorized to maintain specific confidential records on Police Department employees in order to exclude them from a subpoena in criminal cases. Employees have the right to review their file. An employee may request removal of irrelevant or erroneous information in his/her personnel file. If the City denies the employee's request to remove the information, employees may file a written rebuttal statement to be placed in their file. Personnel files are kept confidential to the maximum extent permitted by law. Except for routine verifications of employment, copies of information from an employee's personnel file will not be released to the public, including the press, unless required by 13 Packet Page 92 of 411 law (e.g., pursuant to a legal subpoena or public records request). A copy of the information will be provided the employee. The City will endeavor to provide written notice of a public records request to the employee prior to the date the information is released. 2.7 EMPLOYMENT REFERENCES Only the Human Resources Office or the employee's department director is authorized to provide employment references, including letters of reference, on a current or former City employee. Other employees shall refer requests for references to the Human Resources Office who will contact the appropriate director. References will be limited to verification of employment and salary unless the employee has completed a written waiver and release. 2.8 EMPLOYMENT RIGHTS It is important to understand that these policies do not create an employment contract or a guarantee of employment of any specific duration between the City and its employees. Although the City is hopeful that your employment relationship with will be long term, it is recognized that at times things do not always work out as hoped, and either party may decide to terminate the employment relationship. Unless specific rights are granted to employees in employment contracts, collective bargaining agreements, civil service rules, or elsewhere, all employees of the City are considered at -will employees and may be terminated from City employment at any time, with or without cause and with or without notice. 14 Packet Page 93 of 411 CHAPTER III RECRUITING, HIRING, AND PROMOTION 3.1 VALUE STATEMENT The City values employees who are competent, motivated, productive, and customer oriented. The City believes the most efficient way to attract the most qualified employee is to hire them following a fair and consistent selection and screening process. The City also values an open and competitive employment process in which all qualified applicants have the opportunity to apply for City employment and are selected on the basis of objective job related criteria. 3.2 RECRUITING POLICY Recruiting practices are conducted solely on the basis of ability, merit, qualifications and competence, without regard to race, color, religion, national origin, sex, marital status, sexual orientation including gender expression and identity, military or honorably discharged military status, pregnancy, physical handicap, disability, genetic information, age, or any other basis prohibited by law. Each applicant shall complete and sign a City application form which includes an authorization to release information, prior to being considered for any position. Resumes may supplement, but will not serve in place of, the City's official application form. Additional materials may be required for Police Department applicants. Vacancy notices for regular positions will be posted internally on the bulletin boards for at least a five (5) day period. In addition, vacancy notices will be sent to outside agencies representing protected classes of persons in order to encourage and attract the broadest range of qualified job applicants. The Human Resources Office may use other sources of recruitment, such as newspaper advertising and the Internet, as needed to attract qualified applicants. The City may choose to advertise a position to the general public at the same time it posts the promotional opportunity within the City. The City reserves the right to seek qualified applicants outside of the organization at its discretion. To be considered for promotion, an employee must be employed in their current position for at least one (1) year, and meet the qualifications for the vacant position Applications may not be accepted after the published closing date for the position vacancy. If there are not sufficient qualified candidates at the closing date, the position will be reopened and readvertised. Applications will be accepted only for a published vacancy opening, and are retained for such period of time in accordance with the Washington State Records Retention policies and requirements. They will not be kept on file for future vacancies. Any applicant supplying false or misleading information is subject to immediate termination, if hired. 3.3 HIRING POLICY When a regular position becomes vacant and prior to any posting or advertisement of the vacancy, the department head or division manager shall 15 Packet Page 94 of 411 review the position, its job description, and the need for such a position. The department head or division manager will submit a request to fill the position to the Human Resources Office. The position will be posted and/or advertised after the request is approved. The City may administer pre -employment examinations to test the qualifications and ability of applicants, as determined necessary by the City. The City may also conduct certain background procedures as required by law and/or policy. Examples of such procedures include: requiring applicants/employees to show proof they are authorized to work in the United States and requiring applicants/employees, who have unsupervised access to children or vulnerable adults, to complete a disclosure statement. Additionally, the City may contract with any agency or individual to prepare and/or administer examinations. Residency within the City shall not be a condition of initial appointment or continued employment; provided, however, that an employee's selection of residence shall not interfere with the daily performance of his/her duties and responsibilities including the ability to respond to emergency callouts within an established period of time. The minimum time required for an employee to respond to an emergency callout is established by each Department, or as otherwise noted in the respective collective bargaining agreement for the bargaining unit by which the employee will be represented, or the applicable employment contract. Applicants for positions in which the applicant is expected to operate a motor vehicle must be at least 18 years old and will be required to present a valid Washington State driver's license with any necessary endorsements. They will also be required to furnish a current (within the last 30 days) Driver's Abstract, which shows any history of driving violations. Applicants with poor driving records, as determined by the City, may be disqualified from employment with the City in positions requiring driving. Applicants, who are under 18 years of age, must provide a valid State Work Permit, signed by a parent or guardian. The City will comply with State law (RCW 41.04.010 or RCW 73.16.010) with regard to any applicable veteran's preference during the hiring process. After a conditional offer of employment has been made and prior to commencement of employment, the City may require persons selected for certain positions to successfully pass a medical examination and/or psychological test, which may include testing for alcohol and controlled substances. The purpose of the examination is to determine if the individual is able to perform the essential functions of the job, and to ensure any physical or mental condition will not endanger the health, safety or well being of other employees or the public. The offer of employment is conditioned on the results of the examination, and the City's ability to reasonably accommodate any revealed disability. A candidate may be disqualified from consideration if: (1) found unable to perform the essential duties of the position (and the individual's condition cannot reasonably be 16 Packet Page 95 of 411 accommodated in the workplace); (2) the candidate refuses to submit to a medical examination or complete medical history forms; or (3) if the Drug/Alcohol exam reveals the use of a controlled substance without a valid prescription. 3.4 HOURLY EMPLOYEES Department Directors and Division Managers may use hourly employees for positions which 1) regularly work less than 20 hours per week, 2) perform seasonal employment, 3) to temporarily replace regular employees who are on vacation or other leave, 4) to meet peak work load needs, 5) or to temporarily fill a vacancy until a regular employee is hired. Hourly employees may be hired without a competitive recruitment or examination process, although all hiring processes will comply with City policy and state and federal laws. Hourly employees are considered at -will employees and may be terminated from City employment at any time, with or without cause, and with or without notice, by their Department Manager or Director. Hourly employees are eligible for overtime pay as required by law. Hourly employees normally do not receive vacation, sick leave, health insurance, holidays, or any other benefits during their employment. Hourly employees pay contributions to the Social Security program. Hourly employees will not be placed in the state PERS retirement system or MEBT, although there are a few exceptions depending on PERS and MEBT eligibility criteria. 3.5 ORIENTATION PERIOD Upon hire or appointment, all employees enter an orientation period (also known as a probationary or trial period) that is considered an integral part of the selection and evaluation process. The orientation period is designed to give the employee time to learn the job and to give the supervisor time to evaluate whether the match between the employee and the job is appropriate. The normal orientation period is six months from the employee's date of hire, rehire or promotion, except for uniformed Police personnel which have a twelve (12) month orientation period. The Mayor may authorize the department director to extend the orientation period for up to an additional six (6) months. An extension may be granted due to circumstances such as an extended illness or a continued need to evaluate an employee. Extensions for represented employees also require concurrence with the Union. The City may terminate an employee without cause from employment at any time during the orientation period. In the case of unsatisfactory performance in a promotional situation, the employee may be considered for transfer back to the previous position held by the employee, if the previous position is still available. Once the orientation period is successfully completed, the employee may be certified to regular employment status. Satisfactory completion of the orientation period does not create an employment contract or guarantee employment with the City for a specified duration. During their orientation period, employees may use their accrued sick leave or any accrued compensatory time from the beginning of their employment, but may not use 17 Packet Page 96 of 411 earned vacation until they have successfully completed their orientation period. Police personnel may use vacation after the completion of the first six (6) months. 3.6 EMPLOYMENT OF RELATIVES (NEPOTISM) The immediate family of current City employees and City Council members will not be employed by the City where: • One of the parties would have authority (or practical power) to supervise, appoint, remove, or discipline the other; • One party would handle confidential material that creates improper or inappropriate access to that material by the other; • One party would be responsible for auditing the work of the other; or • Other circumstances exist that might lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the City. If two employees marry, become related, become registered domestic partners, or begin sharing living quarters with one another, and in the City's judgment, the potential problems noted above exist or reasonably could exist, only one of the employees will be permitted to stay with the City, unless reasonable accommodations, as determined by the Mayor in consultation with Human Resources and/or the City Attorney, can be made to eliminate the potential problem. The decision as to which employee will remain with the City must be made by the two employees within thirty (30) calendar days of the date they marry, become related, or begin sharing living quarters with each other. If no decision is made during this time, the City reserves the right to terminate either employee. 3.7 PROMOTIONS The City encourages promotion from within the organization whenever possible. All openings will be posted so employees may become aware of opportunities and apply for positions in which they are interested and qualified. Employees must remain in a position for a minimum of 12 months before they can apply for a promotion, unless this requirement is waived by the Department Director or the Mayor. Employees who are promoted into a new position, will be required to serve a new 6 month orientation period. Police Department personnel who are promoted into a new position will be required to serve a new 12-month orientation period. If the employee is unsuccessful during their orientation period, he or she may be placed back in their previous position, if the position still exists. 3.8 TRANSFERS/LATERAL MOVES Upon recommendation of the appropriate department director and concurrence of the Human Resources Office or designee, or to meet the needs of the City, a transfer may be made. Transfers are based on work force requirements, performance evaluations, job descriptions, related City requirements, and the supervisor's recommendation, unless otherwise noted in an applicable collective bargaining agreement. To be considered for another position, an employee must have satisfactorily completed the probationary period for the employee's 18 Packet Page 97 of 411 current position and possess the qualifications for the vacant position, unless such requirements are waived in the best interests of the City. A new probationary period shall be established for any employee who requests a transfer. A transfer shall not be used to circumvent regulations regarding promotions, demotions, or terminations. 3.9 REHIRE The City may rehire previous employees, provided they performed satisfactorily in their previous employment with the City. If an employee has retired from the Washington State Retirement System, they cannot exceed the Washington DRS employee maximum hours per year. 3.10 JOB ASSIGNMENTS It is the supervisor's responsibility to maintain the employee's primary job assignments within the existing job description, until a revised job description is approved. Requests for revised job descriptions can be made by the Department Director to the Human Resources Office. Revised job descriptions, along with the appropriate pay grade, are subject to the Mayor's approval, before submittal to the Human Resources Office and City Council for their approval. 19 Packet Page 98 of 411 CHAPTERIV HOURS AND ATTENDANCE 4.1 VALUE STATEMENT The City values dependability, attendance, and punctuality with its employees. The City's staffing level requires each employee to do their share of the workload and not to overburden others because of attendance problems. 4.2 STANDARD WORK HOURS Although the City's normal business hours are Monday through Friday from 8:00 a.m. to 5:00 p.m., the City uses a variety of different work schedules to meet the varied service demands of the public. Departments are allowed to establish regular work schedules, including alternatives such as flextime and four/ten schedules, provided that they do not conflict with business needs, and subject to the Mayor's approval. Due to the nature of the City's operations, longer hours may be necessary in some instances, and overtime may be required by the supervisor. A normal work schedule for regular, full-time employees consists of forty (40) hours each workweek. Different work schedules, such as in the case of the Police Department employees, have been established by the City to meet job assignments and provide necessary City services. Each employee's immediate supervisor will advise the employee regarding his/her specific working hours. Part-time and hourly employees will work hours as specified by their supervisor. 4.3 OVERTIME All City positions are designated as either "exempt" or "non- exempt" according to the Fair Labor Standards Act ("FLSA") and Washington Minimum Wage Act regulations. Employees will be informed of their overtime status at the time of their appointment. For most City employees, the established work period is forty (40) hours within a seven (7) day workweek. Public Safety personnel may have a modified work period as established in the collective bargaining agreements. All personnel are responsible for accurately reporting all hours worked on time sheets supplied by the City. Employees failing to accurately record time worked are subject to discipline. Overtime is recorded to the nearest 15 minute increment. Non-exempt employees are entitled to additional compensation (overtime), either in cash or compensatory time off, when they work more than the maximum numbers of hours during a work period. All overtime must be authorized in advance by the employee's supervisor, although exceptions may be made for emergency situations. Overtime may not be voluntarily worked without the supervisor's permission. Overtime pay is calculated at one and one-half times the employee's regular rate of pay for all time worked beyond forty (40) hours in a workweek, provided that public safety personnel may have a different work period, and therefore a different overtime 20 Packet Page 99 of 411 threshold). When computing overtime, time paid for but not worked (e.g., holidays, sick leave and vacation time), is not counted as hours worked. 4.4 COMPENSATORY TIME Non-exempt employees entitled to overtime pay may request compensatory time off instead of cash payment. This is approved on a case - by -case basis by the supervisor. The City is not required to grant comp time instead of overtime pay. If the compensatory time option is exercised, the employee is credited with one and one-half times the hours worked as overtime. Maximum accruals of compensatory time shall be limited to forty-eight (48) hours for regular employees. After maximum accrual, overtime compensation shall be paid. Compensatory time, which has been credited to an employee, may be converted to overtime pay at any pay period at the employee's request. Employee compensatory time balances may be reviewed at least annually as part of the City's budget process. Use of compensatory time must be approved by the supervisor. Time off can be requested by the employee or directed by the supervisor. Exempt employees are not covered by the FLSA or the Washington Minimum Wage Act overtime provisions. They may earn compensatory time as follows; Department Directors and Division Managers will work under an informal honor system for discretionary time off. All other exempt employees shall receive compensatory time for nightly meetings, emergency callouts, and other similar times, which they are required by their supervisor to work. Compensatory time generally will not be earned for short term extensions of the regular workday or assignments, such as staying late or coming in early, without the prior approval of the supervisor. Compensatory time shall be earned at the straight time rate, that being one hour of compensatory time for each hour worked, as specified above. Exempt employees, who are regularly scheduled for night meetings should be assigned a flex schedule to adjust for the meeting times. Exempt employees will be allowed to accumulate up to 48 hours of compensatory time during the year. If additional time is earned after the maximum is reached, the exempt employee will be paid for the excess time or given the time off during the next pay period. Employees may use compensatory time within a reasonable time period after making a request to their supervisor, unless doing so would unduly disrupt City operations. Compensatory time should be used for short-term absences from work during times mutually agreed to by the employee and his/her supervisor. Accumulation of compensatory time to be used as a substitute for extended vacation time off is not normally permitted, however may be approved on a case -by -case basis by the Department Director or Mayor. Use of compensatory time may either be requested by the employee or directed by the supervisor. 4.5 ATTENDANCE Regular and punctual attendance is an essential function of every position in the City. Each supervisor is responsible for maintaining an accurate attendance record of his/her employees. Every employee has the responsibility of 21 Packet Page 100 of 411 maintaining a good attendance record. Employees are expected to be at the assigned place of work during their scheduled work time. Employees unable to work or report to work on time should notify their supervisor as soon as possible, ordinarily before the work day begins or within thirty (30) minutes of the employee's usual starting time. If an absence continues beyond one day, the employee is responsible for reporting in each day. If the supervisor is unavailable, the employee may leave a message with the Department Director or his/her designated representative, stating the reason for being late or unable to report for work. An employee who is absent without authorization or notification is subject to disciplinary action, up to and including possible termination. 4.6 UNUSUAL WEATHER CONDITIONS During times of inclement weather or natural disaster, it is essential that the City continue to provide vital public services. Therefore, it is expected that employees make every reasonable effort to report to work without endangering their personal safety. An employee who is unable to get to work or leaves work early because of unusual weather conditions may charge the time missed to: vacation, floating holiday, compensatory time, or leave without pay. The employee shall advise the supervisor by phone as in any other case of late arrival or absence. Employees, who are sent home without prior notice by their employer and therefore denied the opportunity to work, shall continue to receive their normal pay for the rest of the day in which they are sent home. 4.7 MEAL AND RESTBREAKS Except in urgent situations, personal phone calls and conversations should occur during meal periods and rest breaks rather than during working time. An exempt employee is expected to effectively handle his or her meal period and rest break schedule. The following policy applies only to non-exempt employees. A non-exempt employee must notify his or her supervisor at the end of the shift if he or she has not had a meal period or rest break. A non-exempt employee who works at least five (5) hours in a workday will be provided an unpaid meal period of at least thirty (30) minutes, approximately midway through the workday, unless otherwise specified. Non-exempt employees must not perform any work during the meal period, and must take at least thirty (30) minutes completely off work. Employees working at least (3) three hours longer than a normal workday will be allowed a meal period before or during the overtime portion of the shift. A "normal workday" is the shift the employee is regularly scheduled to work. If the employee's scheduled shift is changed due to working a double shift, or working extra hours, the additional meal period will be permitted. Employees working a regular twelve (12) hour shift will be entitled to a second meal period. A non-exempt employee will be provided one (1) paid fifteen (15) minute rest break for every four (4) hours worked. Rest breaks may be taken on a scheduled or intermittent 22 Packet Page 101 of 411 basis as determined by the employee's supervisor. These rest breaks are for the purpose of a few minutes of relaxation. The City asks employees to please not stay away from their job beyond the time allotted. Rest breaks are paid, but may not be used to extend a lunch period, leave early, or arrive late. Police Department employee meal and break times will be consistent with the appropriate Collective Bargaining Agreement. For one year following childbirth, non-exempt employees who are nursing mothers are entitled to unpaid breaks during the workday for the purpose of expressing breast milk. The City will provide a suitable, private location for these breaks. 4.8 CALLBACKS All employees are subject to call back in emergencies or as needed by the City to provide necessary services to the public. A refusal to respond to a call back is grounds for immediate disciplinary action, including possible termination. Employees called back to duty will be paid their appropriate rate of pay for hours worked or according to the collective bargaining agreement, whichever is appropriate for the employee. 4.9 PAYROLL RECORDS The official payroll records are kept by the Finance Office. Each employee shall submit a signed time sheet to their supervisor for approval each pay period. Each supervisor is responsible for submitting a time sheet (signed by the employee and the supervisor) to Finance, for each employee within their department, noting hours worked, leaves taken, and overtime worked. Each department director is responsible for assigning the payroll entry for his/her department to appropriate personnel in the department. The Mayor shall sign time sheets for all Department Directors. 23 Packet Page 102 of 411 CHAPTER V COMPENSATION 5.1 VALUE STATEMENT The City strives to reach a balance between fairness in pay for all employees and rewarding excellent job performance for the deserving individual. It believes in paying competitive wages in order to attract qualified candidates for job vacancies. Pay is one of several means to reward job performance. 5.2 SALARY CLASSIFICATION AND GRADES Each regular position within the City is classified into a classification title for salary purposes. Each classification title is designated a particular salary or salary range as shown on the City's salary and wage schedule, which is approved in the labor agreement or annually by the City Council. All regular employees are assigned to a classification title and provided a job description. This job description shall be reviewed annually with the employee and the supervisor during the employee's performance evaluation, and any changes to the description shall be referred to the Human Resources Office. Any significant change in a job assignment, which may subsequently require a change in salary grade assignment, must have prior approval by the Mayor and City Council, and the appropriate Union as needed. 5.3 PAY RATES Employees shall be paid within the limits of the wage range to which their positions are assigned. Usually, new employees will start their employment at the minimum pay grade or wage range for their classification. However, a new employee may be employed at a higher rate than the minimum when the employee's experience, training or proven capability warrant, or when prevailing market conditions require a starting rate greater than the minimum, subject to the Mayor's approval. 5.4 UNION EMPLOYEES Employees, who are covered under a collective bargaining agreement, shall be compensated in compliance with the terms of the respective collective bargaining agreement. The Mayor or his representative and the Union's bargaining agent must approve any deviation from such agreement in writing. 5.5 NON REPRESENTED EMPLOYEES ,The City's non -represented Formatted: Font: (Default) Arial compensation policy strives to maintain equity, by offering competitive salaries and benefits in order to attract and retain hiah aualitv staff and an effective work force. It is the policy of the City for the classification and compensation plan to provide salaries that compare favorably with other similar cities in the region for comparable mobs, and within budget limitations. It is also the policy of the City to strive to maintain salaries that are internally equitable, in proper relationship to all other mobs within the City, within reasonable budget parameters. 24 Formatted: Font: (Default) Arial Packet Page 103 of 411 Salary ranges for non -represented positions will have a 35% spread from the bottom to the top of each salary range, and will include a seven -step scale with 5% between each of the steps. All new employees will generally be hired at the first step of their salary range; however, an entry level rate of pay above the minimum may bg offered to an applicant whose education and experience exceed the minimum qualifications for the classification, or when external labor market pay practices impact recruitment. Initial step placement at higher than Step 3 of the salary range is subject to approval by the Mayor prior to the offer of employment. Employees are advanced to the next salary step increment after satisfactorily completing the first six months of probation. After this, employees advance to the next step in the salary range on the January following their anniversary date and each succeeding January after a concurrent satisfactory performance evaluation has been completed by their supervisor, until reaching the maximum step. An employee who fails to achieve at least a satisfactory overall rating on their annual performance evaluation shall not be eligible for a step increase until their next performance evaluation rating period. In the event of promotion of a non -represented employee to another non -represented job classification in a higher salary range, the employee will be placed on the first step of the new salary range or the lowest step in the new range that results in an increase to their current salary. After this, the employee would follow the salary range progression described above for new employees. To ensure internal equity, employees promoted from a represented position to a non - represented position in a higher pay range, will be placed on the first step of the new salary range, or the lowest step in the new range that results in an increase to their current salary, including consideration of other cash compensation being received in the former position. After this, the employee would follow the salary range progression described above for new employees. In the event of a lateral placement of a non -represented employee to another non - represented mob classification in the same pay range, the employee will not receive a salary increase. The Mayor will recommend the admustment of salary ranges for non -represented employees to the City Council for approval as part of the budget process, effective January 1 of each year. The Mayor's recommendation will take into consideration the average admustment negotiated and approved for represented employee groups. Each 25 Formatted: Font: (Default) Arial, Not Bold Formatted: Font: (Default) Anal Formatted: Font: (Default) Anal, Not Bold Formatted: Font: (Default) Arial Packet Page 104 of 411 employee will maintain the same step within the newly approved salary range that they held prior to the adjustment. In addition, the City will attempt to mitigate compression issues as they arise. The Mayor will make appropriate and timely recommendations to City Council to maintain internal eauitv and prevent compression issues. MARKET ANALYSIS , ,--i Formatted: Font: (Default) Arial, Not Bold f Formatted: Font: (Default) Arial The Human Resources Department will conduct compensation surveys for each non - represented benchmark position no later than September 1, every three years. The following criteria will be used for determining which cities are comparable for the purposes of analyzing and comparing compensation ("Qualified Comparable Cities' ): • Comparable cities must be located in Snohomish, King, Pierce, Thurston, or .; Formatted: Font: 12 pt Kitsap counties; and • Comparable cities will include all cities with a population that is no more than 10,000 over or no more than 10,000 under the population of the City of Edmonds according to the most recent population figures published by the Washington State Office of Financial Management or a similar successor government agency; and • The application of the above criteria will be utilized to select a minimum of eight agencies that are closest in population to the City of Edmonds. If this process yields fewer than eight comparable cities (not counting Edmonds) for analysis during a particular year, additional cities shall be selected for analysis by adding an additional city or cities, up to eight, with agencies that are outside the 10,000 over/under criteria, but that are the next closest in population to the City of Edmonds, with the goal of having 50% of the cities with a higher population and 50% with a lower population than Edmonds. ;— Formatted: Font: (Default) Arial Additionally, private sector data will be gathered and considered where it is a significant factor in the City's competitiveness. Benchmark positions are those which are assigned clearly recognizable work at a well- defined level of responsibility, and for which comparable classifications are easily identified to ensure that sufficient data can be collected. Classifications that are selected as comparable for survey purposes must match the benchmark position by 80% in level of work and responsibility. Salaries for comparable positions that are not a complete match may be leveled up or down by a maximum of 20%, to adjust for differences in the level or scope of responsibility in work duties. Non -benchmark classifications (those for which there are not adequate comparable classifications) will be indexed to a corresponding City benchmark position, which is comparable in required qualifications, scope of work, and level of responsibility. 26 Packet Page 105 of 411 Salary ranges for benchmarks will be determined by using the prevailing rates in the identified comparator cities. The City will be competitive within the defined market, but will not assume the position of a lead pay policy compared to the market: therefore the median or 50"' percentile of the mid -range of salary data collected will be used to determine competitiveness. Every three years, based upon the survey data, the Mayor will recommend salary range market adjustments for non -represented positions to City Council. The Mayor will consider the followina criteria in develooina the recommendation: 1. Maintain the mid -point of each salary range between 5% high/low of the mid -point of the comparator city median. 2. Positions requiring adjustment will be assigned to the new salary range within the salary range table that places the position closest to the comparator city median. 3. Any employee whose actual salary falls below the newly adopted pay range minimum, shall be adjusted up to the new minimum upon adoption of the new paV ranges. 4. Any employee whose actual salary exceeds the top of the approved salary range, will have their salary frozen until such time that market rates support pay range adjustment for their job classification. Formatted: Font: (Default) Anal MEMW_ 0.: . - 5.6 PROMOTION Any represented employee promoted to a position in a higher classification and salary range shall receive a promotional pay increase to either 1) the entry step or salary of the new salary range, 2) the next highest available pay step in the new range which provides at least a 5% increase in pay (Unien Employees), or 3) ° Empleyees) to start at the bottom of the pay grade of the higher classification, whichever is greater. Changes in salary due to a Reclassification of a position will be treated the same as a Promotion. Promotions change an employee's pay anniversary date and subsequent merit pay reviews. 5.7 PAYDAYS City employees are paid semi-monthly on the 5th and the 20th of each month. If a regularly scheduled payday falls on the weekend or a holiday, the 27 Packet Page 106 of 411 paychecks will be distributed on the last preceding regularly scheduled working day. Automatic deposit is available upon request. Pay increases, other than those occurring upon the 1st or the 16t" of the month, become effective at the beginning of the next pay period. 5.8 ERRORS IN PAY Every effort is made to avoid errors in paychecks. However, any employee who believes that an error has been made should contact the Finance Department immediately. The Finance Department will take the necessary steps to research the problem and to assure that any necessary correction is made properly and promptly. An employee reporting an error will be notified in writing within 15 business days of the outcome. An employee who believes further discrepancies exist should submit a written complaint to the Mayor immediately. If an employee has been overpaid in error, the City will ask that the amount be repaid by payroll deductions or by agreement, consistent with applicable laws. 5.9 DEDUCTIONS Some regular deductions from the employee's earnings are required by law; all other deductions must be approved by the City and specifically authorized in writing by the employee. The City will withhold from the employee's paycheck those deductions required by law and any voluntary deductions approved by the City and authorized by the employee, by applicable union contract, or by statute or regulation. 5.10 ACTING PAY When an employee is temporarily assigned to work in a position with a higher pay rate in order to fill a vacancy or act on behalf of an absent employee, the employee shall be paid Acting Pay in the amount of either the minimum of the salary rate of the acting position or a 5% increase in base pay, whichever is greater. To qualify, the employee must be assigned to the acting position for a period of ten (10) or more consecutive workdays. Acting Pay is limited to a six month period as noted in the City Ordinance. Any extenuating circumstances requiring Acting pay for a period beyond six months are subject to the Mayor and City Council's approval, or subject to applicable Civil Service Rules. 5.11 SPECIAL DUTY PAY The mayor is authorized to pay any manager or director level employee special duty pay in addition to that person's regular compensation when the mayor has temporarily assigned special duties to that person. No employee may receive special duty pay for longer than one year without city council approval. "Special duties" are defined as those duties not included as "Primary Duties and Responsibilities" in the employee's official job description and not otherwise associated with the employee's position. Special duty pay shall consist of up to ten percent of the employee's salary at the time the special duties are assigned. The mayor is authorized to grant to each such employee up to five percent (5%) for special duty pay at the mayor's discretion, and shall be based upon the scope of the additional responsibilities identified by the mayor. If the mayor determines that special duty pay above five percent (5%) is warranted for a 28 Packet Page 107 of 411 particular employee, the mayor will be authorized to grant up to ten percent (10%) for special duty pay upon prior approval by the City Council. 5.12 COMPENSATION UPON TERMINATION When an employee's employment with the City is terminated, the employee will receive the following compensation on the next regularly scheduled payday including: 1) regular wages for all hours worked up to the time of termination which have not already been paid; 2) any overtime or holiday pay due; 3) A lump sum payment of any accrued but unused vacation and compensatory time and; 4) any employee -paid health insurance premiums paid in advance for health insurance coverage. Accrued sick leave will be paid in accordance with City Ordinance for Non -Represented employees or the applicable collective bargaining agreement for Union Employees. 5.13 RECLASSIFICATION It is the supervisor's responsibility to maintain the employee's primary job assignments within the scope of the existing job description, until a revised job description is approved. Requests for revised job descriptions can be made by the Department Director to the Human Resources Office. In the event that an employee is eligible for a reclassification as determined by his/her supervisor, a reclassification form and a revised job description, along with the recommended pay grade should be submitted to Human Resources for review. All revised job descriptions and reclassification requests are subject to the Mayor's approval, before submittal to the City Council for their approval and/or the respective Union as required. 5.14 COMPLETION OF ORIENTATION PERIOD Upon the successful completion of an orientation period, the represented employee is eligible for either a pay step increasefor represented employees, er a merit pay review for nGR-represented employees, depending upon their pay schedule and provided that they do not exceed the approved pay range for their position classification. 29 Packet Page 108 of 411 CHAPTER VI PERFORMANCE EVALUATIONS AND TRAINING 6.1 VALUE STATEMENT The City values honest communications and the desire to improve services to the customer. It believes these values are the foundation of a Performance Evaluation leading to a positive outcome. Personal development and changes in the work environment require continuous training, communication, and ongoing commitment from both the employee and the City. 6.2 PERFORMANCE EVALUATION POLICY To achieve the City's goal to train, promote and retain the best qualified employee for every job, the City conducts periodic performance evaluations for all positions. Each supervisor is responsible to set and communicate clear performance standards for his or her employees at the beginning of and throughout the review period. Employees are to be evaluated by their supervisor at both the midpoint and the completion of their orientation period and normally once every 12 months thereafter, unless otherwise specified in the employee's respective collective bargaining agreement. Additional performance appraisals or performance improvement plans may be given, if necessary. Performance review dates are changed following a promotion with a new orientation period. Employees should complete a self -evaluation form for their upcoming evaluation as directed by their supervisor. During the evaluation process, the employee and the supervisor will review the Department's goals and the employee's role in the Department. They will also review the employee's self -evaluation, job description and rate the employee's job performance outcomes in each of the assigned responsibilities. If changes in the job description are needed to ensure its accuracy, the corrections will be forwarded to the Human Resources Office. The employee and supervisor will discuss and select a course of personal training, which will improve the employee's job performance. Goals for the next year and a training plan will be included in the performance evaluation. The evaluation will be signed by the employee, the supervisor, and the Department Director, and forwarded to the Mayor for review and to the Human Resources Office to be placed in the Personnel File. A copy should be retained by the Supervisor for periodic checkups. If the employee disagrees with the evaluation, he or she is allowed to submit written rebuttal comments to be placed in their personnel file along with the evaluation. The evaluation is part of an employee's personnel record and may be a factor in determining the employee's conversion to regular status, whether the employee receives a wage increase, or is to be promoted, transferred, demoted, laid off, or terminated. 6.3 TRAINING POLICYThe City seeks, within the limits of available resources, to offer training to increase an employee's skill, knowledge and abilities directly related to his or her position, to obtain or maintain required licenses and certifications, and to 30 Packet Page 109 of 411 develop a career path within the City organization. Opportunities may include, but are not limited to: on-the-job training, in-house workshops and seminars sponsored by other agencies or organizations. When training opportunities are identified, the Department will complete an AUTHORIZATION TO TRAVEL and ATTEND TRAINING and submit the registration. Each Department is responsible for budgeting and paying for training for their employees (for courses not specifically approved as outlined in the college reimbursement policy below). Following completion of the training program, a copy of the AUTHORIZATION will be filed in the employee's Personnel File. Training programs, which are required by the City, are paid by the City, including the employee's wages, travel, registration, and, if needed, out of area expenses directly related to the training. For the purposes of insurance, the employee is to make every reasonable effort to use a city vehicle to attend training events. In the event that using a city vehicle is not possible, the employee will be reimbursed for mileage under the current IRS regulations and as noted in the Edmonds City Code. Training programs that are initiated by the employees and not required by the City, (such as certification programs) are considered as voluntary programs and will not be paid by the City, unless a direct benefit to the City can be shown. If a benefit can be shown, the City may pay for all or a portion of the training costs, but not to include wages. 6.4 COLLEGE REIMBUSEMENT The City will reimburse full tuition for college courses that are required for; 1) advancement to the next promotional rank up to an Associates Degree level (90 credit hours), and 2) to maintain or upgrade a required certificate or license. Employees must obtain a passing grade of C and/or 2.0 or better in order to qualify for reimbursement of the class at the rate established below. Employees, who take college courses leading to a Bachelors or Masters degree, will be reimbursed 50% of the tuition costs. This course work must be an educational requirement of a future position in the City, which has been previously identified in the performance evaluation as the employee's career goal. Employees must obtain a passing grade of B and/or 3.0 or better in order to qualify for reimbursement of the class at the rate established below. Tuition costs will be based upon comparable public education credit hours and charges. Employees will not be on paid City time while attending such courses nor will books, transportation, or course material costs be reimbursed. The maximum costs per employee for college reimbursement in a calendar year cannot exceed $2000. Tuition Reimbursement is available to the extent funds are budgeted. Should inadequate funding be available in the budget in any given year to reimburse all requests, reimbursements will be made on a "first come, first served" basis. 31 Packet Page 110 of 411 In the event that an employee leaves employment with the City within twenty-four (24) months after receipt of tuition reimbursement funding, the employee shall reimburse the City for the amount they received from the beginning of the previous 24 months. 32 Packet Page 111 of 411 CHAPTER VII BENEFITS All benefit programs are administered by the Human Resources Office. For any and all benefits and eligibility related questions, please contact Human Resources. 7.1 MEBT The Municipal Employee Benefit Trust (MEBT) is a City retirement program provided in lieu of the federal Social Security benefit. The City does not participate in the federal Social Security Trust, excluding Medicare (employees, who are hired after April 1986, must contribute into Medicare). The MEBT benefit is made up of three components: a retirement benefit, long-term disability insurance, and a $75,000 term life insurance benefits for survivors. Participation in MEBT is mandatory. The City and all employees make payroll deduction contributions (pre-tax) into the MEBT program in the amount normally paid through a FICA deduction. Employees can also make additional voluntary after-tax contributions into the MEBT program. All hourly and part-time employees working less than 1000 hours per year are not eligible to participate in MEBT, and are required to pay into the Social Security program. 7.2 STATE RETIREMENT All regular public safety employees in the police department are covered by the Law Enforcement Officer's and Firefighters Retirement System (LEOFF 2). Benefit levels and contribution rates are set by the State of Washington. All regular full-time non -uniformed employees are covered under the Public Employees Retirement System (PERS). Both retirement programs are administered by the Department of Retirement Systems (DRS). Regular part time employees are covered, provided they work at least 70 hours per month for five or more months each year. Benefit levels and contribution rates are set by the State of Washington. Participation is mandatory. Employees intending to retire should plan to attend a retirement planning seminar provided by the State. They should also notify their department head and the DRS of their intent to retire at least three months prior to the date of retirement. 7.3 DEFERRED COMPENSATION Deferred Compensation is a tax shelter program provided to City employees through IRS code 457. Employee deposits are subject to limitations defined by the IRS. Deferred Compensation is a voluntary program made available through payroll deduction (pre-tax), and funded by individual employee contributions only. The City provides several deferred compensation plan vendors, which allows employees to select investment options of their choice. 7.4 INDUSTRIAL ACCIDENT INSURANCE (WORKERS COMPENSATION) All employees (except LEOFF 1) are covered by the State Workers' Compensation Program. This insurance covers employees for on-the-job injuries or job -related illnesses. All job -related accidents should be reported immediately to the supervisor. 33 Packet Page 112 of 411 For qualifying cases, State Industrial Insurance will pay the employee for workdays lost and specific medical costs due to job -related injuries or illnesses. All employees who have enough accrued sick leave are eligible to turn their time loss check over to the City for paid ("sick") leave "buy back." When an employee receives treatment because of an on-the-job accident/injury, the physician/hospital will file a claim for Workers' Compensation (L&I). In the event of absence due to injury, the employee may use their paid leaves to keep them in paid status while their claim is under consideration for approval of benefits by L&I. When the employee receives Workers' Compensation benefits, he/she is required to turn their time loss check over to the City so that the City can use the check to buy back a portion of the paid leaves used by the employee which shall be restored to the employee's leave balances. This policy is to ensure that employee will receive prompt and regular payment during periods of injury or disability so long as disability continues, and to allow the employee to maintain as much accrued sick leave as possible after the buy back. The employee will not receive more than he/she would have received had the injury not occurred. In the event that an employee does not have enough accrued leave to keep them in paid status during their period of disability (as certified by their doctor) due to their work related injury, the employee will keep the time loss check from L&I and no buy back will be processed. Employees cannot receive Worker's Compensation benefits and paid sick leave for the same time period. Additionally, absence from work due to a work -related (L&I) approved injury may not be eligible for DRS service credit hours. In accordance with state law, the City will also provide a wage supplement to LEOFF II employees who are receiving worker's compensation due to an occupational injury or illness. The supplement shall be in an amount which when added to the worker's compensation will result in the same pay the employee would have received for full time active service. The supplemental benefit begins on the sixth day of absence from work. The City pays one half of the supplement and the other half is charged to accrued paid leave in the order of Sick Leave, Compensatory Time, Holiday, and Vacation. The supplement and use of accrued sick leave shall continue, as long as the employee is receiving worker's compensation, to a maximum of six (6) months from the date of the injury. If the employee returns on a part time basis, the supplement and accrued sick leave shall be pro -rated. The employee must furnish a physician's release to return to full work duty without restrictions before returning to work. At any time during the disability period, but no later than six (6) months from the last day worked, the City may require an examination at its expense, performed by a physician of its choice to determine if the employee can return to work and if he/she will be capable of performing the essential duties of the position. 34 Packet Page 113 of 411 7.5 HEALTH INSURANCE Regular full-time and part-time employees (working 20 or more hours per week) and their dependents are eligible to participate in the City's medical, dental, and vision insurance programs. The programs and criteria for eligibility will be explained upon hire. The City contributes toward the cost of premiums in the amounts authorized by the City Council and the labor agreements. The remainder of the premiums, if any, shall be paid by the employee through payroll deduction on a pre- tax basis. The City reserves the right to make changes in the carriers and provisions of these programs when deemed necessary or advisable, with prior notice to affected employees, and in compliance with the terms of the respective collective bargaining agreements. Part Time employees, who regularly work 20 or more hours each week during the full calendar year, are entitled to participate in the insurance program. Their insurance costs will be pro -rated depending upon the average number of hours they are scheduled to work during the year. Hourly employees, including those who occasionally work 20 or more hours in a week, are not eligible for insurance coverage. 7.6 UNEMPLOYMENT INSURANCE City employees may qualify for State Unemployment Compensation after termination from City employment as determined by the Employment Security Department. 7.7 LIFE INSURANCE Union employees are provided a Term Life Insurance benefit, and the premium is fully paid by the City. The insurance also provides a benefit upon the death of a dependent. Non -represented employees are provided Term Life Insurance, which is based upon a portion or all of their annual salary level. This benefit is explained when the new employee is hired. Police Officers are provided an additional life insurance benefit by the State of Washington in the event of their death in the line of duty. Additionally, all eligible employees are provided a life insurance benefit through MEBT. 7.8 EMPLOYEE ASSISTANCE PLAN (EAP) EAP is a confidential service, providing short term counseling and referral, which is offerred to employees and their dependents at no cost by the City. This service assists employees obtain professional help with problems which may be impacting their jobs. The EAP can assist employees with a wide variety of problems, including financial, personal, and job related. Please contact Human Resources for more information of the EAP. 7.9 EXTENDED HEALTH BENEFITS (COBRA). In compliance with COBRA (the Consolidated Omnibus Budget Reconciliation Act), the City will offer continuing health care coverage on a self -pay basis to employees and their dependents following termination (for reasons other than gross misconduct), a reduction in hours, retirement or death. These health benefits will be identical to the coverage offered to full-time employees. A. For terminated or reduced -hour employees, the coverage may last up to 18 months or until they become eligible for other health insurance coverage, whichever is earlier. In the event of the employee's retirement, divorce, separation, or death, the coverage may last up to a maximum of 36 months for the employee and/or qualified beneficiary. 35 Packet Page 114 of 411 B. Upon mutual agreement between the employee and the City, and in accordance with the terms and conditions of the insurance coverage at the employee's expense during an approved unpaid leave of absence, COBRA continuation rights may apply in the event coverage is not extended through the City. C. While an employee is receiving worker's compensation benefits, the City may continue to pay the employee's health insurance premiums for three (3) months, after which the employee may choose to use COBRA rights and self -pay insurance premiums. D. Upon an employee's termination from City employment, at the employee's option and expense, the employee may elect to continue City health insurance benefits to the extent provided under COBRA. Continuation rights are not available if an employee is terminated for "gross misconduct." E. An administrative handling fee over and above the cost of the insurance premium may be charged the employee or dependents that elect to exercise their COBRA continuation rights. F. The employee or beneficiary may waive all rights to continuation coverage notification procedures and time limits outlined in the continuation coverage "Notification of Rights" letter. 36 Packet Page 115 of 411 CHAPTER VIII LEAVES 8.1 VALUE STATEMENT The City believes a balance between time spent working and time spent in pursuit of personal interests creates a better overall employee. The City believes employees need time away from work in order to achieve that balance. 8.2 VACATION Employees will be provided annual vacation in accordance with their collective bargaining agreement or City ordinance. Non Represented employees receive annual vacation in accordance with the Edmonds City Code Chapter 2.35. In appropriate situations for recruitment purposes, the Mayor, with approval of the City Council, may authorize placement of a newly hired employee at a level on the vacation and/or sick -leave accrual charts consistent with his/her prior experience. All new employees must satisfactorily complete their orientation period to be entitled to the accrual and use of vacation leave. Employees may only use accrued vacation; vacation credit cannot be advanced to an employee. Regular part-time employees will receive vacation on a pro-rata basis. Hourly employees are not eligible for any vacation benefits. Employees do not accrue vacation benefits during a leave without pay. Each department is responsible for scheduling its employees' vacations with the least disruption of department operations whenever possible. Leave requests shall be submitted at least two weeks prior to taking vacation leave or as otherwise stated in the applicable collective bargaining agreement. Vacation schedules for union employees shall be submitted to their department directors for approval and in compliance with the applicable collective bargaining agreement. The maximum number of vacation hours which may be accrued is two years at the current accrual rate, unless otherwise stated in a collective bargaining agreement. After reaching the maximum amount, the employee will not accrue any additional vacation, until leave is used. Any exceptions to extend vacation accruals due to extenuating circumstances must be approved by the Mayor. Employees will be paid for unused vacation time upon termination of employment. 8.3 SICK LEAVE All full-time regular employees, except LEOFF I employees, accrue sick leave benefits at the rate of eight (8) hours for each calendar month of continuous employment, unless otherwise specified in their labor agreement. Regular part-time employees may accrue sick leave benefits on a pro-rata basis according to hours worked. Hourly employees do not earn sick leave benefits. The maximum accrual, unless otherwise specified in a labor agreement, is 1000 hours. Non Represented employees may annually convert accrued sick leave in excess of 800 hours to a cash payment at the rate of three hours of sick leave to one hour of 37 Packet Page 116 of 411 compensation at the employee's current rate of pay, up to a maximum of $1000 per year. Employees do not accrue sick leave benefits during a leave without pay. Sick leave cannot be advanced; only accrued sick leave can be used. Allowable uses of sick leave cover those situations in which an employee is absent from work (including reasons as defined under state and federally approved leaves) due to: • Employee's own health condition (illness, injury, physical or mental disability, including disability due to pregnancy or childbirth); • The need to care for an ill family member in accordance with the Family Care policy below. • Medical or dental appointments for the employee or dependent child, provided that the employee must make a reasonable effort to schedule such appointments at times which have the least interference with the work day; • Exposure to a contagious disease where on-the-job presence of the employee would jeopardize the health of others; • Use of a prescription drug, which impairs job performance or safety; • Additional leave (maximum 3 days) beyond bereavement leave for a death in the immediate family to be authorized by the Department Head. A doctor's certificate may be required when an employee is absent for a period in excess of three (3) days, or at any other occasion the Department Director deems appropriate. The City may require a physician's certification of the existence of a serious health condition or emergency condition affecting the employee or immediate family member in accordance with state and federal law. The City may also request the opinion of a second doctor at the City's expense to determine whether the employee suffers from a serious health care condition which impairs his/her ability to perform the essential functions of his or her job or return to work after an absence of two (2) weeks. Employees who are habitually absent due to illness or disability may be terminated if their disability cannot be reasonably accommodated and/or when the employee's absenteeism prevents the orderly and efficient provision of services to the citizens of the City. Employees who use all their accumulated sick leave and require more time off work due to illness or injury may, with their department head's prior approval, request a leave without pay. (See Leave Without Pay Policy.) Employees will be paid for any unused sick leave upon leaving City service in accordance with City Ordinance or the applicable collective bargaining agreement. 38 Packet Page 117 of 411 FAMILY CARE (USE OF ACCRUED LEAVE TO CARE FOR ILL FAMILY MEMBER) Consistent with the Washington Family Care Act, employees may use their choice of any accrued leave (whether vacation, sick leave or comp time) that they have available for their own use in order to care for their child, spouse, parent, parent -in-law, registered domestic partner, or grandparent. This policy reflects requirements for all employees under state law, and therefore applies to represented and non -represented employees alike. An employee may use available paid time off to care for his/her child where the child has a health condition requiring treatment or supervision, or where the child needs preventive care (such as medical, dental, optical or immunization services). An employee may use available paid time off when a spouse, registered domestic partner, parent, parent -in-law, or grandparent has a "serious or emergency health condition", which are conditions: • Requiring an overnight stay in a hospital or other medical -care facility; • Resulting in a period of incapacity or treatment or recovery following inpatient care; • Involving continuing treatment under the care of a health care services provider that includes any period of incapacity to work or attend to regular daily activities; or • Involving an emergency (i.e., demanding immediate action). Where the need for family care leave is unexpected, the City understands that advance approval of the use of leave (as is required for certain kinds of leave) may not be possible. Employees are required, however, to notify their supervisor of the need to take time off to care for a family member as soon as the need for leave becomes known. The City reserves the right to require verification or documentation confirming that a family member has or has had a "serious or emergency" health condition when available leave is used to care for that family member. SICK LEAVE INCENTIVE PLAN Unless otherwise specified in the labor agreement, employees, who maintain a good attendance record, shall be eligible for the following Sick Leave Incentive Plan. Hours of Sick Leave Used during the Calendar Year Hours of Vacation Leave Earned 0 24 8 16 16 8 24+ 0 39 Packet Page 118 of 411 Incentive leave will be added to the employee's maximum vacation accrual, however earned leave must be used in the year following the year in which the sick leave was earned. Sick leave used due to Workers Compensation illness or injury, FMLA, or other protected leaves will not be counted. The hours earned and used will be pro -rated to the nearest full hour. Employees must be employed for a full calendar year to be eligible for this benefit. 8.4 FITNESS FOR DUTY Whenever a supervisor has reasonable belief that an employee may not be able to perform all of his or her assigned job duties, the supervisor may require the employee to submit to a Fitness for Duty evaluation by a qualified professional and/or medical provider. The Fitness for Duty evaluation with be at the City's expense. Any employee, who is absent from work because of illness or injury for six (6) months, may be required by the City to submit to a fitness for duty examination by a City physician to determine if he or she can return to work or if he or she is capable of performing the essential duties of their position. 8.5 LEAVE WITHOUT PAY The Mayor may grant leaves of absence without pay for absence from work not covered by any other type of leave or if other leave balances are exhausted. Examples of situations for which leave without pay may be granted include time off work for personal reasons, such as a prolonged illness, parenting, caring for an ill relative, or pursuing an education. Any leave without pay requests should be forwarded to the Department Director for approval by the Mayor. Employees do not accrue benefits or DRS service credits during a leave without pay, nor does the City pay for any other benefits, unless specifically stated elsewhere in City Policy or the applicable collective bargaining agreement. 8.6 JURY AND WITNESS DUTY The City provides all regular employees time off with pay for jury duty service up to a maximum of one month each time they are called for jury service. If jury duty extends beyond one month in any one instance the additional leave will be unpaid. Payment provided by the courts during periods of paid jury duty must be paid over to the City, excluding expense reimbursements, such as mileage. Employees must provide their supervisor with a copy of the jury duty summons as soon as possible after receiving it. Upon completion of jury duty, employees are required to provide their supervisor with proof of jury service. All employees summoned to testify in court are allowed time off for the period they serve as witnesses. In general, witness duty leave is unpaid unless the employee is a witness in a case involving the City. For exempt salaried employees, however, salary payment will continue except for full -day absences caused because the employee is a party in a lawsuit. 8.7 ADMINISTRATIVE LEAVE On a case -by -case basis, the City may place an employee on administrative leave with or without pay for an indefinite period of time. Administrative leave may be used in the best interests of the City (as determined by the Mayor) during a pending investigation or other administrative proceeding. 40 Packet Page 119 of 411 8.8 MILITARY LEAVE Employees receive paid military leave of up to 21 working days per year beginning October 1 and ending the following September 30. This military service includes annual Reserve and National Guard training. Employees are required to provide their supervisor with copies of their military orders before the leave begins. Military leave in excess of this paid leave entitlement will be unpaid, provided that employees may use accrued vacation or compensatory time off during such military leave. Reinstatement upon return from military service will be determined in accordance with applicable federal and state law. INVOLUNTARY MILITARY SERVICE: City employees, who are involuntarily called into active duty for an indefinite period of time, are entitled to receive the following benefits, commencing on the first day the employee reports for active duty and continuing for the periods specified below or until the employee's discharge from active duty, whichever occurs first: For sixty (60) calendar days — the difference, if any, between the employee's regular City salary and the monetary compensation paid to the employee for the employee's military service, inclusive of housing and food allowances and other similar expenses; and For ninety (90) calendar days or three months — the insurance premiums for the employee's dependents, as previously covered by the insurance, shall be paid by the City; and Shared Leave as donated by other City employees. Employees, who have been called to active duty and who apply for the above benefits, must agree in writing to return to work with the City. Failure to return to work with the City upon completion of the military duty will be cause for reimbursement of the compensation and benefits paid under this paragraph in order to be entitled to this benefit. 8.9 WASHINGTON MILITARY LEAVE FOR SPOUSES AND DOMESTIC PARTNERS During times of military conflict declared by the President or Congress, an employee may be eligible for unpaid leave if his or her spouse or registered domestic partner is a member of the armed forces, National Guard or Reserves. An employee is eligible so long as he or she works an average of twenty (20) or more hours a week. An eligible employee may take up to fifteen (15) days of unpaid leave upon being notified of an impending call to duty, order to active duty, and before the deployment or when the military spouse/registered domestic partner is on leave from deployment. While leave is unpaid, the employee may elect to use paid sick, vacation, or other accrued paid time off while on leave. 41 Packet Page 120 of 411 An employee must provide Human Resources with notice of his or her intent to take leave within five (5) business days of receiving official notice that the employee's spouse or registered domestic partner will be on a leave from deployment, or (b) official notice of an impending call to active duty. Upon returning from leave, the employee is entitled to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment at a workplace within twenty miles of the employee's workplace when leave commenced. 8.10 FAMILY MEDICAL LEAVE The City complies with the federal Family and Medical Leave Act of 1993 (FMLA) as amended, and all applicable state laws related to family and medical leave, including but not limited to the Washington Family Leave Act (WFLA) and the Washington Pregnancy Disability Regulations (MDR). This means that, in cases where the law grants an employee more leave than the City's leave policies provide, the employee will be given the leave required by law. The FMLA and WFLA, which usually run concurrently, provide up to 12 weeks of unpaid, job -protected leave every 12 months to eligible male and female employees for certain family and medical reasons. To be eligible for FMLA employees must have worked for the City for a least one year and for 1,250 hours over the previous 12 months, and must not have exhausted their FMLA leave entitlement during the previous rolling 12-month period. Unpaid FMLA/WFLA leave is granted for any of the following reasons: • To care for a child after birth or placement for adoption or foster care. • To care for a spouse, registered domestic partner, son, daughter or parent who has a serious health condition. • For a serious health condition that makes the employee unable to perform the essential functions of theirjob. • Any qualifying exigency as defined by the Secretary of Labor, arising when the employee's spouse, registered domestic partner, child, or parent is called to active military duty or is on active duty. Qualifying exigencies are generally activities related to the active foreign duty or call to foreign duty, including attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post - deployment reintegration briefings. • To care for an employee's family member who is a covered servicemember with a serious injury or illness. A serious health condition is defined as an illness, injury, impairment or physical or mental condition that involves: 42 Packet Page 121 of 411 • Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility; • A period of incapacity of more than three consecutive, full calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider; • A period of incapacity due to pregnancy or for prenatal care; • A period of incapacity or treatment due to a chronic serious health condition, for a permanent or long-term condition for which treatment may not be effective, or to receive multiple treatments for restorative surgery after an accident or injury or for a condition that would likely result in an incapacity of more than three full, consecutive calendar days in the absence of medical treatment (e.g. chemotherapy for cancer or dialysis for kidney disease). Leave to care for a child after birth or placement for adoption or foster care must be concluded within 12 months of the birth or placement. Under some circumstances FMLA leave may be taken intermittently -- which means taking leave in blocks of time or on a reduced leave schedule --by reducing the normal weekly or daily work schedule. FMLA leave may be taken intermittently if medically necessary because of a serious health condition or for a qualifying military exigency. If FMLA leave is for birth or placement for adoption or foster care, use of intermittent leave is subject to the City's approval. The City requires employees to use accrued paid sick leave during FMLA leave in circumstances where the City's policy or state law permits the use of sick leave. If the employee has any sick leave available that may be used for the kind of FMLA leave they are taking, it is the City's policy that the employee must use that paid sick leave, beginning with the first day, as part of the FMLA leave. Employees may use their vacation leave under FMLA at their option to remain in a paid status after first using their sick leave as required by City policy. If sick leave is used for a purpose for which FMLA leave would be available, it is the City's policy to designate the employee's sick leave as counting against their FMLA leave allowance. The employee is required to notify the City if they use sick leave for a reason covered by the FMLA so that the City may properly account for the leave. Please contact the Human Resources Office for any questions about FMLA The City requires that employees provide advance leave notice, with medical certification, of the need for a leave related to a health condition, and with medical certification of their fitness to return to duty after medical leave. Taking leave, or reinstatement after leave, may be denied if these requirements are not met. Employees must give the City at least 30 days' advance notice of their request for leave if the reason for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment. If 30 days' notice is not practicable, employees must give the City notice as soon as practicable, usually within one or two 43 Packet Page 122 of 411 business days of when the need for leave becomes known to the employee. If 30 days' advance notice is not given, and if the need for the leave and the approximate date of the leave were clearly foreseeable by the employee, the City may deny the request for leave until at least 30 days after the date notice is given. The City requires that employees provide a medical certification to support a request for leave because of a serious health condition (their own or their child's, spouse's, registered domestic partner's, or parent's) whenever the leave is expected to extend beyond five consecutive working days or will involve intermittent or part-time leave. The City may require second or third opinions at its option with such expense covered by the City. Employees are also required to provide a medical certification of their fitness for duty to return to work after a medical leave that extends beyond 10 consecutive working days, that involves a mental disability or substance abuse, or where the medical condition and the job are such that the City believes the employee may present a serious risk of injury to themselves or others if they are not fit to return to work. If an employee takes leave for more than two weeks, they will be required to report to their supervisor at least every two weeks on their status and intent to return to work. The City can place an employee on Family Medical Leave at any time sufficient evidence exists of a qualifying event. The employee will be notified in writing of this decision. If the employee is covered by the City's group health plan (medical, dental or vision), their health insurance benefits continue to be paid during FMLA leave on the same basis as during regular employment. But if the employee doesn't return to work after the leave, they will be required to pay the City back for its portion of the insurance premiums unless the failure to return was beyond the employee's control. If the employee is covered by other insurance plans through the City, such as life or disability insurance, those coverages will continue during paid leave on the same basis as during regular employment. If the employee takes unpaid FMLA leave, they will be responsible during the leave for the premiums normally paid plus the premiums the City normally pays on the employee's behalf. If the employee doesn't pay these premiums, the City may choose to pay them on their behalf, to keep their coverage from lapsing, but the employee will be responsible for repaying the City whether or not they return to work. If both an employee and their spouse work for the City and leave for the birth, adoption or foster care placement of a child, to care for a new child, or to care for a sick parent is requested, the total annual FMLA leave available to both employees combined for those purposes is 12 weeks. Leave for the birth or for placement for adoption or foster care must be completed within 12 months of the child's birth or placement. FMLA leave is available for up to 12 weeks during a 12-month period. For purposes of calculating leave availability, the "12-month" period is a rolling 12-month period measured backwards from the date FMLA leave started. 44 Packet Page 123 of 411 CAREGIVER LEAVE FOR AN INJURED SERVICEMEMBER Per FMLA, eligible employees may receive up to 26 weeks of unpaid leave in a 12- month period to care for an injured or ill military service personnel: • Who is the employee's spouse, registered domestic partner, parent, child, or next of kin; and • Who is a current member of the armed forces, including National Guard and Reserves; with a serious injury or illness incurred or aggravated in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy, or is in outpatient status, or is on eht temporary disability retired list; or • Who is a veteran who was a member of the armed forces any time during the five years preceding his/her need for medical treatment, recuperation or therapy for a serious injury or illness, where the injury or illness was incurred or aggravated in the line of duty.. The combined total of leave for all purposes described in this policy may not exceed 26 weeks in the applicable leave year. Spouses who are both employed by the City and who are eligible for FMLA leave may be limited to a combined total of 26 workweeks of leave during the single 12-month period if leave is taken for military caregiver leave, and leave for the birth or placement of a child, to care for the child after birth or placement, or to care for a parent with a serious health condition. QUALIFYING EXIGENCY RELATING TO A CALL TO COVERED ACTIVE DUTY. Under the FMLA, leave is available for certain qualifying military exigencies, as described below. The City may require certification of a qualifying exigency, which requires the following: • The eligible employee must be the spouse, son, daughter, or parent of a covered servicemember. The son or daughter may be of any age. The servicemember must be in covered active duty. "Covered active duty" means the servicemember must be a current member of the Regular Armed Forces or a member of the National Guard or Reserve (Army National Guard of the United States, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard of the United States, Air Force Reserve and Coast Guard Reserve), or be a retired member of the Regular Armed Forces or Reserve who is called to active duty. A call to covered active duty refers to a Federal call to active duty, and the active duty must involve deployment to a foreign country. 45 Packet Page 124 of 411 • The leave must be needed for a non -medical qualifying exigency which arises out of the servicemember being on covered active duty or having been notified of an impending call or order to covered active duty. Qualifying exigencies include: • Short -notice deployment • Eligible employee may take up to seven calendar days' leave if the military member receives seven or less days' notice of a call to covered active duty. • Military events and related activities (before and during deployment) • Certain temporary childcare arrangements on an urgent, immediate need basis (but not on a routine, regular, or everyday basis), or to attend meetings with staff at a school or daycare facility • Financial and legal arrangements to address the servicemember's absence • Counseling by a non -medical counselor (such as a member of the clergy) • Rest and recuperation • Eligible employee may take up to fifteen days' leave for each instance when the military member is on temporary rest and recuperation leave. • Post -deployment military activities • Additional activities agreed to by the Company and the employee relating to the servicemember's call to covered active duty 8.11 PREGNANCY DISABILITY LEAVE The City provides pregnancy disability leave to all female employees for the period of actual disability associated with pregnancy and childbirth. Pregnancy disability leave is for the period of disability that is determined to be medically necessary, and not for child rearing after the disability ends. Pregnancy disability leave is treated the same as leave for any other short-term disability. Like any other medical leave, the City may require medical certification to support a request for leave. A female employee has who taken a leave of absence only for the period of her disability relating to pregnancy or childbirth will generally be permitted to return to the same job, or a similar job of at least the same pay, except in cases of business necessity. 46 Packet Page 125 of 411 If eligible for FMLA, the pregnancy disability leave runs concurrent (at the same time) with the FMLA and does not extend the 12 weeks of leave allowed under federal law. Pregnancy disability leave runs consecutive (one begins after the other ends) with the WFLA and does extend the 12 weeks of leave allowed under state law for the duration of the physical disability. Thus, a pregnant employee with no complications in the pregnancy and childbirth is likely entitled to 18-20 weeks of leave (six to eight weeks of physical disability leave, plus 12 weeks of leave under the WFLA). Unpaid pregnancy disability leave is without employer -paid benefits unless the leave is also covered by FMLA, although the employee may utilize accrued leave to remain in a fully paid status. 8.12 BEREAVEMENT LEAVE The City provides regular employees with paid leave for up to three (3) days in the event of the death of a member of the employee's immediate family. Immediate family is defined as the spouse, registered domestic partner, children, stepchildren, mother/father, mother in-law/father in-law, step parent, brothers, sisters, and grandparents. If the death occurs out of area and involves travel; up to three additional days may be granted off provided the additional time is charged to the employee's accrued sick leave. 8.13 DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND STALKING LEAVE In accordance with the Washington State Domestic Violence Leave Law, employees who are victims of domestic violence, sexual assault, or stalking, or who have a family member who is a victim, may take reasonable unpaid leave from work either in continuous blocks of time or intermittently, or continue employment on a reduced work schedule, to take care of related legal or law enforcement needs, to obtain or assist in obtaining medical treatment, social services assistance, or mental health counseling, to participate in safety planning, to temporarily or permanently relocate, or to take other actions to increase the safety of the employee or family member. An employee may elect to use paid sick leave, if applicable, vacation, comp time, or floating holiday time while on leave. For purposes of this policy, family member is defined as child, spouse/domestic partner, parent, parent -in-law, grandparent, or person the employee is dating. Employees must give as much advance notice of the need for the leave as possible. Leave requests must be supported with one or more of the following: • A police report; • A court order of protection; • Documentation supporting a court appearance; • Documentation from a healthcare provider, domestic violence advocate, attorney, or clergy; or • An employee's written statement that the employee or employee's family member is a victim and needs assistance. 47 Packet Page 126 of 411 If the situation does not allow for advance notice, the employee must notify the Human Resources Office no later than the end of the first day that the employee takes leave. The City will continue to pay the City's share of health benefits as if the employee were still at work provided the employee pays his or her share of the premium. At the end of the leave, the employee will be restored to the same position or equivalent position in pay, benefits, terms and conditions unless the employee had a temporary assignment or was hired to work on a limited term project that was completed before or during the leave. 8.14 SHARED LEAVE The Mayor may authorize employees to donate their accrued leave to another City employee who is suffering from or who has an immediate family member suffering from an illness, injury, or physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his/her employment. The following conditions apply: Both accrued sick and vacation leave may be donated for a Shared Leave, which is based on a catastrophic level of illness or injury. Catastrophic illnesses or injuries are those which are potentially career -ending or life -threatening. All donated vacation leave hours must be used prior to any use of donated sick leave hours. However, only vacation leave hours can be donated for a shared leave request, where the need arises from a non -catastrophic level of illness or injury. Immediate family is defined as spouse, registered domestic partner, son, daughter, mother, father, and in-laws of the same degree. To be eligible to donate leave, the employee must have at least ten (10) days of accrued leave before he/she is eligible to donate leave hours. In no event shall a leave transfer result in the donor employee reducing his/her vacation leave and/or sick leave balance to less than ten (10) days. Transfer of leave will be in increments of one day of leave. All donations of leave are strictly voluntary. The employee receiving donated leave shall have exhausted all his/her accumulated vacation, sick leave, holiday, compensatory time, or any other paid leave. Employees on L&I injuries are not eligible for shared leave if they are receiving time loss or LEP checks. While an employee is using shared leave, he or she will continue to receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation or sick leave. The maximum duration of a shared leave is limited to no more than six (6) continuous months or six (6) months in a five year period and cannot be used to extend the absence beyond the post leave time prescribed by law, labor agreement, or City policy. IN Packet Page 127 of 411 8.15 HOLIDAYS The following are recognized as paid holidays for all regular full- time and part-time employees: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day January 1 3rd Monday in January 3rd Monday in February Last Monday in May July 4 1 st Monday in September November 11 4th Thursday in November Day after Thanksgiving December 24th December 25 Any holiday falling on Saturday will be celebrated on the preceding Friday. Any holiday falling on Sunday will be celebrated on the following Monday. For employees, who are working an alternative work schedule, an alternative eight (8) hour period of time off for the holiday will be granted. Employees, who are represented by a Union, will be paid for the holiday in accordance with their collective bargaining agreement. Hourly employees will be paid at their regular straight -time rate for hours worked on a holiday. Each employee who, because of the nature of his/her service, serves on a holiday, shall be compensated in accordance with the following provisions: Employees classified as nonexempt shall, at his/her option, be compensated for work on that holiday either by payment for such work at the overtime rate of pay or, may at his/her election receive an equivalent amount of compensatory time off at a date convenient to the City. Such day away from service shall be set at a date mutually agreed upon, but shall be set within 12 months of the holiday served. Such rate of pay shall not be pyramided in the event that any hours worked are subject to the overtime provisions of the Fair Labor Standards Act or the Washington Minimum Wage Act. Exempt employees shall be permitted one full day away from service with full pay on a day which he/she would otherwise have served. Such day off shall be scheduled at a date mutually agreed upon within the same calendar year in which the holiday occurred. If any of the legal holidays set forth in this section are also federal legal holidays but observed on different dates, only the holiday occurring on the date specified in this policy shall be recognized as a paid legal holiday. In no case shall both be recognized as paid legal holidays for employees. 8.16 RELIGIOUS HOLIDAYS If an employee's religious beliefs require observance of a holiday not included in the basic holiday schedule, the employee may, with his/her 49 Packet Page 128 of 411 department head's approval, take the day off using vacation, a floating holiday, compensatory time, or leave without pay. 8.17 BENEFITS FOR PART TIME AND HOURLY EMPLOYEES Unless noted otherwise in these policies, benefits for regular part-time employees are pro -rated based upon the number of regular hours worked. Hourly employees are not normally granted leave benefits, unless otherwise specified in an individual employment agreement. 8.18 PAYMENT FOR ACCRUED LEAVES Leave must be accrued before it can be taken off for pay. Pay cannot be advanced for leave which has not yet been accrued. Formatted: Normal 8.19 MANAGEMENT LEAVE ,To be more competitive in the market place, the City Formatted., Font: (Default) Arial will provide non -represented employees who are ineligible for compensatory time with 24 hours of Management Leave annually. Management Leave will have no cash -out value and will not be carried over at the end of the calendar year. Formatted: Normal 50 Packet Page 129 of 411 CHAPTERIX TRAVEL & MEAL EXPENSES 9.0 VALUE STATEMENT It is the City's policy to pay for reasonable and necessary expenses relating to authorized City business for travel, meals, lodging, and related accommodations. Eligible expenses, with the exception of meals, shall be reimbursed on an actual expense basis only and must be accompanied by invoices and/or receipts showing proof of payment. All persons are to use good judgment and discretion, limiting expenses with the best interests of the City foremost in mind. Excessive or unnecessary expenses will not be approved or reimbursed. 9.1 AUTHORIZATION All requests for travel out of area shall be submitted on an AUTHORIZATION TO TRAVEL and ATTEND TRAINING FORM. The request must be approved by the Department Director in advance of the travel or expenditure. All anticipated expenses, either known or estimated, should be listed on the authorization. 9.2 ACCOMMODATIONS Accommodations, including transportation, lodging, and registrations, shall normally be arranged in advance by the designated staff person and billed directly to the City or placed on the Department's credit card. Accommodations shall be made at the lowest reasonable rate available, such as coach fare for air transportation and single occupancy government rate for lodging. 9.3 MEALS The City's per diem expense for meals will be in conformance with the State of Washington Office of Financial Management guidelines. Receipts are not required unless additional reimbursement is requested. Per diem for meals will be paid a) when the meal is part of a scheduled conference or business meeting and attendance is required, b) for all out of area travel, which includes an overnight stay. Per diem shall also be paid when travel time to and from the destination exceeds the normal workday by three or more hours. Travel time is measured from the employee's workplace to his or her destination. Expenses not approved for reimbursement includes but is not limited to; alcoholic beverages, expenses for family or guests, entertainment, and meals provided as part of the registration costs. 9.4 USE OF PRIVATE VEHICLES City employees on official business may use private cars when a City vehicle is not available. Employees, who are operating private cars while on City business, must have in their possession a valid operator's license and be insured to the State's minimum liability standards. Employees will be reimbursed at the mileage rate set annually by the Federal IRS. The mileage rate includes all costs associated with the City's use of the private car. Reimbursement to employees, who wish to use their private car in lieu of air transportation, may not exceed the amount, which would have been paid for appropriate airfare. In the event of an accident, the employee's insurance will be primary accident coverage. The Mayor, members of the city council, boards and commissions shall not be reimbursed for 51 Packet Page 130 of 411 mileage expenses incurred within the city limits of Edmonds. Daily commute transportation expenses between the employee's official residence and official station is a personal obligation of the employee and is not reimbursable by the city. All other miles driven on official City business are reimbursable. Employees may be reimbursed for miles driven between their official station or official residence and temporary duty station, whichever is shortest. 9.5 USE OF CITY VEHICLES While operating City of Edmonds vehicles, all employees must have a valid Washington State Drivers License in their possession at all times. Employees who operate a City vehicle shall immediately notify their Department Director any time the employee's drivers license becomes suspended, revoked, or is any way not valid or current, for any reason. Employees shall not resume operation of any City vehicle until a valid, current drivers license is presented to their Department Director. 52 Packet Page 131 of 411 CHAPTER X EMPLOYEE RESPONSIBILITIES AND CODE OF ETHICS 10.1 GENERAL CODE OF CONDUCT The City's primary function is to provide service to the citizens of Edmonds. To achieve that goal, all employees are expected to treat the public as their most valued customer. All employees are expected to serve the public in a professional manner, which is courteous, efficient and helpful. Employees must maintain a clean and neat appearance appropriate to their work assignment, as determined by their position and department head. Since the proper working relationship between employees and the City depends on each employee's on -going job performance, professional conduct and behavior, the City has established certain minimum standards of personal and professional conduct. Among the City's expectations are: tact and courtesy towards the public and fellow employees; adherence to City policies, procedures, safety rules and safe work practices; compliance with directions from supervisors; preserving and protecting the City's equipment, grounds, facilities and resources; and providing orderly and cost efficient services to its citizens. In addition, all persons representing the City of Edmonds are expected to conduct business in the following manner: • All persons, representing the City of Edmonds, shall conduct business in a professional manner, respecting all citizens' rights, and showing courtesy to all. • Their actions shall be conducted within compliance of the laws and regulations governing the City's actions, including but not limited to RCW Title 42. • City representatives are expected to conduct business in an open manner. • They shall not engage in any conduct which would reflect unfavorably upon City government or any of the services it provides. • They must avoid any action which might result in or create the impression of using their position for private gain, giving preferential treatment or privileged information to any person, or losing impartiality in conducting the City's business. 10.2 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in any outside employment or financial interest which may conflict, in the City's opinion, with the best interests of the City or interfere with the employee's ability to perform his/her assigned City job. Examples include, but are not limited to, outside employment which: 53 Packet Page 132 of 411 (1) prevents the employee from being available for work beyond normal working hours, such as emergencies or peak work periods, when such availability is a regular part of the employee's job; (2) is conducted during the employee's work hours; (3) utilizes City telephones, computers, supplies, credit, or any other resources, facilities or equipment; (4) is employed with a firm which has contracts with or does business with the City; or (5) may reasonably be perceived by members of the public as a conflict of interest or otherwise discredits public service. 10.3 REPORTING IMPROPER GOVERNMENT ACTION In compliance with the Local Government Employee Whistleblower Protection Act, RCW 42.41.050, this policy is created to encourage employees to disclose any improper governmental action taken by city officials or employees without fear of retaliation. This policy also safeguards legitimate employer interests by encouraging complaints to be made first to the City, with a process provided for speedy dispute resolution. Key Definitions: Improper Governmental Action is any action by a city officer or employee that is: (1) undertaken in the performance of the official's or employee's official duties, whether or not the action is within the scope of the employee's employment, and (2) in violation of any federal, state or local law or rule, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. (3) "improper governmental action" does not include personnel actions (hiring, firing, complaints, promotions, reassignment, for example). In addition, employees are not free to disclose matters that would affect a person's right to legally protected confidential communications. City employees who become aware of improper governmental action should follow this procedure: • Bring the matter to the attention of his/her supervisor, if non-involved, in writing, stating in detail the basis for the employee's belief that an improper action has occurred. This should be done as soon as the employee becomes aware of the improper action. 54 Packet Page 133 of 411 • Where the employee believes the improper action involves their supervisor, the employee may raise the issue directly with Human Resources, their Department Director or the Mayor. Where the employee believes the improper action involves the Mayor, the employee may raise the issue with Human Resources or the City Attorney. • The Mayor or his/her designee, as the case may be, shall promptly investigate the report of improper government action. After the investigation is completed (within thirty (30) days of the employee's report), the employee shall be advised of the results of the investigation, except that personnel actions taken as a result of the investigation may be kept confidential. An employee who fails to make a good faith effort to follow this policy shall not be entitled to the protection of this policy against retaliation, pursuant to RCW 42.41.030. In the case of an emergency, where the employee believes that damage to persons or property may result if action is not taken immediately, the employee may bypass the above procedure and report the improper action directly to the appropriate government agency responsible for investigating the improper action. For the purposes of this section, an emergency is a circumstance that if not immediately changed may cause damage to persons or property. Employees may report information about improper governmental action directly to an outside agency if the employee reasonably believes that an adequate investigation was not undertaken by the City to determine whether an improper government action occurred, or that insufficient action was taken by the City to address the improper action or that for other reasons the improper action is likely to recur. Outside agencies to which reports may be directed include: Snohomish County Prosecuting Attorney M/S 504 Everett, WA 98201 (425)388-3333 Washington State Attorney General 1125 Washington Street SE P.O. Box 40100 Olympia, WA 98504 (360)753-6200 Washington State Auditor Capital Campus P.O. Box 40021 Olympia, WA 98504 (360)902-0370 If the above -listed agencies do not appear to appropriate in light of the nature of the improper action to be reported, contact information for other state and county agencies may be obtained via the following link: http://access.wa.gov/aaency/aaency.aspx. It is unlawful for a local government to take retaliatory action because an employee, in good faith, provided information that improper government action occurred. Retaliatory 55 Packet Page 134 of 411 Action is any material adverse change in the terms and conditions of an employee's employment. Employees who believe they have been retaliated against for reporting an improper government action should follow this procedure: Procedure for Seeking Relief against Retaliation: (1) Employees must provide a written complaint to the supervisor within thirty (30) days of the occurrence of the alleged retaliatory action. If the supervisor is involved, the notice should go to the Mayor. If the Mayor is involved, the notice should go to the City Attorney. The written charge shall specify the alleged retaliatory action and the relief requested. (2) The Mayor or his/her designee, as the case may be, shall investigate the complaint and respond in writing within thirty (30) days of receipt of the written charge. Additional time to respond may be necessary depending on the nature and complexity of the complaint. (3) After receiving the City's response, the employee may request a hearing before a state administrative law judges (ALJ) to establish that a retaliatory action occurred and to obtain appropriate relief under the law. The request for hearing must be delivered within the earlier of either fifteen (15) days of receipt of the City's response to the charge of retaliatory action or forty-five (45) days of receipt of the charge of retaliation to the Mayor for response. (4) Within five (5) working days of receipt of a request for hearing the City shall apply to the State Office of Administrative Hearing's for an adjudicative proceeding before an administrative law judge. Office of Administrative Hearings PO Box 42488 Olympia, WA 98504-2488 360.407.2700 800.558.4857 360.664.8721 Fax (5) At the hearing, the employee must prove that a retaliatory action occurred by a preponderance of the evidence in the hearing. The ALJ will issue a final decision not later than forty-five (45) days after the date of the request for hearing, unless an extension is granted. The Mayor or designee is responsible for implementing these policies and procedures. This includes posting the policy on the City bulletin board, making the policy available to any employee upon request, and providing the policy to all newly hired employees. Officers, managers and supervisors are responsible for ensuring the procedures are fully implemented within their areas of responsibility. 56 Packet Page 135 of 411 Violations of this policy and these procedures may result in appropriate disciplinary action, up to and including dismissal. 10.4 POLITICAL ACTIVITIES City employees may participate in political or partisan activities of their choosing provided that City resources and property are not utilized, and the activity does not adversely affect the responsibilities of the employees in their positions. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not allow others to use City facilities or funds for political activities without a paid rental agreement. Any City employee who meets with or may be observed by the public or otherwise represents the City to the public, while performing his/her regular duties, may not wear or display any button, badge or sticker relevant to any candidate or ballot issue during working hours. Employees shall not solicit, on City property or City time, for a contribution for a partisan political cause. Except as noted in this policy, City employees are otherwise free to fully exercise their constitutional First Amendment rights. 10.5 NO SMOKING POLICY The City maintains a smoke -free workplace. No smoking of tobacco products or electronic smoking devices is permitted anywhere in the City's buildings or vehicles, and offices or other facilities rented or leased by the City. If an employee chooses to smoke, it must be done outside at least 25 feet from entrances, exits, windows that open, and ventilation air intakes. 10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The City cannot assume responsibility for any theft or damage to the personal belongings of City employees. Therefore, the City requests that employees avoid bringing valuable personal articles to work. Employees are solely responsible for ensuring that their personal belongings are secure while at work. Employees should have no expectation of privacy as to any items or information generated/stored on City systems. Employees are advised that work -related searches of an employee's work area, workspace, computer and electronic mail on the City's property may be conducted without advance notice. The City reserves the right to search employee desks, lockers and personal belongings brought onto City premises if necessary. Employees who do not consent to inspections may be subject to discipline, up to and including immediate termination. Please see Attachment A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines on use of City computers. 10.7 USE OF TELEPHONES AND CITY VEHICLES Use of City phones and City cellular phones for local personal phone calls and text messaging should be kept to a minimum; long distance personal use is prohibited. Other City equipment, including vehicles, should be used by employees for City business only, unless otherwise 57 Packet Page 136 of 411 approved by the Department Director. Employees' misuse of City services, telephones, vehicles, equipment or supplies can result in disciplinary action up to and including termination. The City reminds employees that Washington state law restricts the use of cell phones and PDA's while driving. Employees must comply with applicable laws while engaging in work for the City. 10.8 BULLETIN BOARDS Information of special interest to all employees is posted regularly on the City bulletin boards. Employees may not post any information on these bulletin boards without the authorization of the Department Head. 10.9 MEDIA RELATIONS The Mayor or designated department heads shall be responsible for all official contacts with the news media during working hours, including answering of questions from the media. The Mayor or department head may designate specific employees to give out procedural, factual or historical information on particular subjects. 10.10 USE OF SAFETY BELTS Per Washington law, anyone operating or riding in City vehicles must wear seat belts at all times. 10.11 DRIVER'S LICENSE REQUIREMENTS As part of the requirements for certain specific City positions, an employee may be required to hold a valid Washington State Driver's license and/or a Commercial Driver's License (CDL). If an employee fails his or her CDL physical examination or the license is revoked, suspended or lost, or is in any other way not current, valid, and in the employee's possession, the employee shall promptly notify his/her department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her department head. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, up to and including termination. Failure on the part of an employee to notify their department director of the revocation, suspension, or loss of driving privileges may subject the employee to disciplinary action, up to and including termination. 10.12 SOLICITATIONS Most forms of selling and solicitations are inappropriate in the workplace. They can be an intrusion on employees and citizens and may present a risk to employee safety or to the security of City or employee property. The following limitations apply: Persons not employed by the City may not solicit, survey, petition, or distribute literature on our premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. Exceptions to this rule may be made in special circumstances where the City determines that an exception would serve the best interests of the organization and our employees. An example of an exception might be the United Way campaign or a similar, community -based fund raising effort. 58 Packet Page 137 of 411 Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non -work time, such as before or after work or during meal or break periods. Soliciting employees who are on non -work time may not solicit other employees who are on work time. Employees may not distribute literature for any purpose during work time or in work areas, or through the City's electronic systems. The employee lunchroom is considered a non -work area under this policy. 10.13USE OF CITY CREDIT Unless otherwise authorized by City policy or specifically authorized by the Mayor, no City employee is authorized to commit the City to any contractual agreement, especially an agreement that lends the City's credit in any way. Employees are prohibited from conducting personal business with companies in any way which improperly implies the employee is acting as an agent of the City. 10.14 SUBSTANCE ABUSE The City's philosophy on substance abuse has two focuses: (1) a concern for the well being of the employee and (2) a concern for the safety of other employees and members of the public. As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily seek assistance to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. Please see the EAP counselor for more information. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employers who seek advice or treatment will not be subject to retaliation or discrimination. Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The City may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours or on City premises, including break times and meal periods. The City may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. Employees may also not report for work when their performance is impaired by the use of prescribed or over-the-counter medications. The City reserves the right to search employee work areas, offices, desks, filing cabinets etc. to ensure compliance with this policy. Employees shall have no expectation of privacy in such areas. Any employee who is convicted of a criminal drug violation in the workplace must notify the organization in writing within five calendar days of the conviction. The organization will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. 59 Packet Page 138 of 411 Testing: Certain employees of the City, including those who must possess CDLs or who have safety sensitive positions, are subject to random drug and alcohol testing. Any employee may also be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. The City may also choose to pursue criminal charges, if violations of law are suspected. The City has adopted Drug and Alcohol Testing Policies and Procedures, which more specifically describe the City's substance abuse policy, and these are incorporated herein by reference as Appendix B. 60 Packet Page 139 of 411 CHAPTER XI DISCIPLINE AND TERMINATIONS 11.1 VALUE STATEMENT The City values the self discipline which most employees exercise in performing their jobs. The City also believes that external discipline can also be positive, if it is honest, constructive, timely, and provided in the best interests of both the employee and the City. When teaching or discipline fails to correct an ongoing problem, progressive discipline will be used to provide sufficient opportunity for the employee to understand and correct it. 11.2 ACTIONS SUBJECT TO DISCIPLINARY ACTION Our success in providing excellent service to our citizens and maintaining good relationships with the community depends on our employees. We have therefore provided for your guidance certain conduct which, if engaged in, would be detrimental to our objective and could lead to disciplinary action including discharge. The following specified conduct is illustrative and not comprehensive. ■ Misrepresentation or withholding of pertinent facts in securing employment. ■ Unauthorized use or possession of the city facilities/property. Improper use of the Internet. ■ Unauthorized use of position with the city for personal gain or advantage. Accepting unlawful gratuities or bribes. Lying. ■ Smoking in any unauthorized area or creating of fire hazards in any area. ■ Employee appearance or dress which is inappropriate for the employee's work area, creates a potential safety hazard, violates common decency standards, or otherwise significantly distracts from the employee's job responsibilities. • Personal telephone calls, both number and duration, should be held to a minimum. SCAN lines and FAX machines are available for City business only. Personal long distance calls must be placed through the City's central switchboard for billing purposes. ■ Failure to report an occurrence causing damages to the city, customer, or public property. Failure to properly secure the city facilities or property. ■ Loitering after completing day's work, which results in the disruption of the city's business or the work effort of other employees. Vending, soliciting, or collecting contributions for any purpose whatsoever during working time on the premises without the permission of the supervisor. 61 Packet Page 140 of 411 ■ Unauthorized operation or using machines, tools, or equipment to which the employee has not been specifically assigned. ■ Unauthorized recording of another employee's time record. Both employees can be subject to disciplinary action. ■ Habitual lateness for work. Absence without proper notification to immediate supervisor, excessive absenteeism, or insufficient reasons for absenteeism. Loitering, goofing off, failing to assist others in a work situation. • Making malicious, false, or derogatory statements that are intended or could reasonably be expected to damage the integrity or reputation of the city, members of the public, or our employees, on or off premises. Disorderly conduct, including fighting on the premises. Rudeness, discrimination, harassment, intimidation, coercion, use of obscene language, gesture or lack of courtesy to the public or fellow employees. Immoral conduct while on duty. ■ Intentional falsification of records/paperwork required in the transaction of the city business. ■ Inability, inefficiency, negligence, or insubordination, including a refusal or failure to perform assigned work. Concealing defective work. Poor job performance. ■ Failure to observe safety practices, rules, regulations, and instructions. Negligence that results in injury to others. Failure to wear required safety clothing and equipment. ■ Failure to promptly report an on-the-job injury or accident involving City employees, equipment, property, or a visitor. ■ Dishonesty or theft, including deliberate destruction, damage, or removal of the city's or other's property from the premises, or any job site. ■ Possession, use, sale, or being under the influence of alcohol and controlled substances, as defined by the federal Controlled Substances Act, while on the city business (including standby duty). The only exception to this rule shall be for (a) an employee using or possessing a controlled substance prescribed by a doctor if such employee has given his/her supervisor prior notice of such use and/or possession and such use does not impair safe and/or efficient work performance; (b) an employee carrying in his/her personal vehicle one or more unopened, factory or store sealed container(s) of alcohol; and (c) a law enforcement officer carrying in his/her city vehicle any alcohol and/or controlled substances that have been seized as evidence in a law enforcement action. 62 Packet Page 141 of 411 ■ Possession of explosives or weapons on the premises or at any job site. ■ Conviction of a gross misdemeanor or felony. 11.3 DISCIPLINARY ACTIONS In the event that discipline is necessary, the following are examples of types of disciplinary actions that may be used for employees, by the Department Director (with the exception of terminations which are at the discretion of the Mayor). The level selected depends on the particular situation and severity of the offense: A. Oral Warning Oral warnings may be given for minor offenses, or to bring to the employee's attention a potential work performance problem. They are intended to give an employee an opportunity to correct a condition. B. Written Warning A written warning will be issued by the supervisor in the event the employee continues to disregard an oral warning, or if the misconduct, inadequate performance, or infraction is severe enough to warrant a written record in the employee's personnel file. C. Suspension A suspension is time off with or without pay for disciplinary reasons. This form of discipline is administered as a result of a severe infraction of rules, standards, or for repeated lesser violations. D. Demotion. A demotion is a transfer to a position with lesser responsibility and usually less pay. Demotions may be temporary or permanent. This form of discipline is administered as a result of a severe infraction of rules, standards, or for repeated lesser violations, or when an employee has demonstrated an inability to competently perform his assigned position E. Performance Improvement Plan/Last Chance Agreement. A Performance Improvement Plan may be used when an employee has violated rules and standards, or has demonstrated an inability to competently perform his assigned position, and the employee is given an additional period of time to demonstrate rule abiding and competent behavior. A Performance Improvement Plan may not exceed six cumulative months. Leave days will not be included in this six month period. If the regular employee fails to correct performance or repeats the unacceptable conduct during the Performance Improvement Plan period, the employee may be discharged. F. Termination A termination is the involuntary separation of an employee from the City. This form of discipline is also administered as a result of a severe infraction of rules, standards, or for repeated lesser violations, or when an employee has 63 Packet Page 142 of 411 demonstrated an inability to competently perform his assigned position. Terminations are subject to approval by the Mayor. The choice of what discipline to apply in any particular case is solely the City's decision. The City reserves the right to discipline employees up to and including termination without following any of the above examples of disciplinary actions in any particular order (unless otherwise specified in an applicable collective bargaining agreement) for single offenses if warranted depending on the severity of the offense. Employees who are exempt from overtime laws will not be suspended without pay for disciplinary purposes for periods less than a full workweek, unless the infraction involves violation of safety rules of major significance. Paid Administrative Leave. On a case -by -case basis, the employee may be placed on paid administrative leave with pay for an indefinite period of time as determined by the Mayor to be in the best interests of the City during the pendency of an investigation or other administrative proceeding. The City may place an employee on unpaid administrative leave if the circumstances warrant this action. 11.4 PRE -DISCIPLINARY OR PRE -TERMINATION HEARING Consistent with the United States Supreme Court Loudermill decision, a pre -disciplinary hearing shall be conducted in the following manner before a disciplinary action is taken which results in a decrease or loss of pay and/or benefits, for represented employees. The pre - disciplinary hearing serves as a check against mistaken decisions and as an opportunity for an employee to furnish additional facts before a disciplinary decision is finalized. In the event a department head desires to suspend, demote, or terminate an employee, after consultation with Human Resources, the employee shall be provided with a notice of the recommendation for disciplinary action. The notice shall include an explanation of the charges on which the recommendation is based, and the time and date for a pre - disciplinary hearing. If the employee fails or refuses to appear, the disciplinary action may proceed. Pre -disciplinary hearings will be presided over by the Department Director and a Human Resources representative and/or the City Attorney. The hearings are intended to be informal. The employee may show cause why he/she should not be disciplined. The employee may bring one person to the hearing as a representative. Usually within ten (10) working days after the pre -disciplinary hearing, the Department Director or Mayor will issue a decision on whether there are reasonable grounds to believe the charges against the employee are true and support the recommended disciplinary action. The Department Director or Mayor's decision may include whether to accept the disciplinary recommendation, to impose lesser discipline, or to impose no discipline. Written notice of the decision shall be supplied to the employee. A longer review period may be required in more complex situations 64 Packet Page 143 of 411 Probationary employees who have not completed their orientation period with the City will not be eligible for a pre -disciplinary or pre -termination hearing, and may be terminated from employment with the City at any time during their orientation period. 11.5 LAYOFF The Mayor may lay off employees for lack of work, budgetary restrictions, reorganization or other changes that have taken place. In determining who is to be laid off, the Mayor reserves the right, within the budget parameters set by the Council, to determine the layoffs in a way which provides the best mix of skills and experience as needed to provide services by the City. Consideration will be given to the needs of the City, individual job classifications, individual job performance, and the qualifications required for the remaining jobs. Employees who are laid off may be eligible to be re-employed, if a vacancy occurs in a position for which they are qualified within a one year period. 11.6 RESIGNATION As a professional courtesy and in consideration of staffing needs, an employee should provide two (2) weeks notice of his/her resignation. The employee's department head may waive this time limit; however employees must be aware that by not providing written notice they may in many cases reduce their sick leave pay out amounts upon termination, under applicable collective bargaining agreements. Once written notice of a resignation is submitted by the employee, the supervisor or Department Director will notify the Human Resources Office. Human Resources will contact the resigning employee to schedule an exit interview prior to the date of their resignation of employment. At the exit interview, the employee will be given information related to benefits and/or continuation of benefit options, and be expected to turn over any City issued property, including keys, ID badges and/or City credit cards. If any employee would also like to meet with the Mayor or Department Director to discuss their reasons for leaving employment with the City, they may do so at their option. The City may request that the employee work the entire notice period, or may have the employee discontinue working earlier, with full pay and benefits through the duration of the notice period, at the City's sole discretion. 65 Packet Page 144 of 411 CHAPTER XII RECOGNITION AND SUGGESTIONS 12.1 VALUE STATEMENT The City would like to show special recognition to employees who provide extraordinary achievement and contribution. To that end, the City encourages this through public recognition and reward. 12.2 RECOGNITION The City extends formal recognition each year for all regular employees whose work and dedication exceed expected standards. The formal recognition programs include the following: 1. Service Awards - Employees who have completed 10, 15, 20, 25, and 30 years of employment. 2. Employee of the Year - Employee who is selected by his or her peers as the individual who best exemplifies desirable qualities including service to the public, assistance to fellow workers, assumption of extra responsibilities, and/or dedication to the City and its goals. 3. Humanitarian of the Year - Employee who is selected by the Mayor as an individual who goes above and beyond the normal job duties as an exemplary worker and who best exemplifies desirable qualities including service to the public, assistance to fellow workers, assumption of extra responsibilities, and/or dedication to the City and its goals. 12.3 SUGGESTIONS It is the policy of the City to reward employees whose suggestions result in significant cost reductions, increased value of services, or greater efficiencies of time. Suggestion rewards are limited for creative/innovative changes, which are not performed within the scope of the employee's job description or for work already performed. The Mayor is authorized to pay awards based upon value of the suggestion. The Mayor may appoint a Suggestion Committee to review and investigate employee suggestions and make recommendations for an appropriate reward amount. Suggestion awards which exceed $250 shall be approved by the City Council and awarded in a public meeting. 66 Packet Page 145 of 411 CHAPTER XIII SAFETY 13.1 VALUE STATEMENT The City recognizes that every job is too important to allow it to be done in an unsafe manner. Performing a job unsafely and placing self and coworkers in jeopardy of accidental injury or damage to property is unacceptable behavior, and grounds for disciplinary action. 13.2 GENERAL SAFETY Every employee has the right to a safe working environment. Every employee is responsible for maintaining a safe work environment and following their Department's safety rules. Each employee shall promptly report all unsafe or potentially hazardous conditions to his/her supervisor. The City will make every effort to remedy problems as quickly as possible. 13.3 BLOODBORNE PATHOGENS Since being exposed to a bloodborne pathogen may lead to sicknesses such as hepatitis, HIV, or malaria, and since the City wants to provide our employees with a safe and healthy work environment, it is the policy of the City to comply with all statutory obligations for the prevention of exposure to bloodborne pathogens. Employees should familiarize themselves with the City's Exposure Control Plan and follow it at all times. Failure to comply with this Plan will result in discipline up to and including termination. 13.4 WORKPLACE VIOLENCE The City is committed to providing a safe workplace for its employees, guests, and the public. Threatened or actual workplace violence is strictly prohibited. This includes, but is not limited to, any of the following conduct occurring in or around the workplace, or otherwise related to employment: • Threatening injury or damage against a person or property. • Fighting or threatening to fight with another person. • Threatening to use or the possession, custody, storage, or control of a weapon (an instrument or device of any kind which may be used to inflict bodily harm or injury, or to establish fear simply due to its presence on the scene) on City premises including, but not limited to, buildings, offices, work areas, lounges, vehicles, parking lots, desks, cabinets, lockers, storage areas, and any other City owned property on which employees may work, unless the weapon is required to fulfill the employee's job duties, such as those of a police officer. Pepper spray and similar devices maintained for personal protection are permissible, provided that employees are responsible for ensuring that such devices are secure while at work. • Abusing or injuring another person. • Abusing or damaging property. • Using obscene or abusive language or gestures in a threatening manner. • Raising voices in a threatening manner. 67 Packet Page 146 of 411 Because of the potential for misunderstanding, joking about any of the above misconduct is also prohibited. Any employee who violates this policy will be subject to corrective or disciplinary action, up to and including termination. Employees should immediately report threats or incidents of workplace violence to their supervisor, Department Director, Human Resources, or the Mayor. If the act or altercation constitutes an emergency, CALL 911. The Police Department should be notified immediately in case of a threat of or the actual commission of a crime. In the event of imminent danger to persons or property, employees should take immediate action to safeguard themselves. At no time should employees place themselves in harm's way to protect vehicles or property. Even without an actual threat of violence, employees should report any behavior they have witnessed which they may regard as a real or perceived threat of violence. Incident reports are to be completed, as appropriate. Department Directors and, in the case of criminal actions, City law enforcement are responsible for responding to and investigating potential or violent situations. Supervisors detecting situations where they believe an employee represents a workplace violence concern should contact their Department Director or to Human Resources prior to addressing a potential workplace violence situation. The specific circumstances applicable to the situation will determine the intervention and disciplinary approach to be taken. While the City has a strong commitment to customer service, employees are not expected to be subjected to verbal abuse or physical threats from the public. Rather, the employee should excuse him/herself and report the situation to a supervisor who will handle the situation from that point. Supervisors will discuss the situation with the appropriate Department Director and/or the City police personnel. If an employee has been served a protection or no contact order which would restrict his/her ability to perform his/her assigned duties or be at a City work location, the employee shall report the matter to his/her supervisor. The City will consider possible job modifications and the overall safety interests of the general workforce and the public when determining an appropriate course of action. 13.5 SAFETY COMMITTEES Each Department with employees that, because of job related duties are subjected to potentially hazardous conditions, shall have an Employee Safety Committee. The members of the Department Safety Committee shall be selected by their coworkers. They shall meet at least quarterly to review accidents and recommend corrective actions, investigate employee safety concerns and complaints, and recommend training and accident prevention programs. They shall keep minutes of their meetings. 68 Packet Page 147 of 411 There shall also be a City Safety Committee, which shall be composed of a representative from each Department Committee and a representative from Human Resources. They should meet quarterly to review city wide safety issues and recommend corrective actions on unresolved safety problems. One designated member shall prepare minutes of their meetings, which will be maintained by the Human Resources Office. 13.6 ACCIDENTS In case of an accident involving a personal injury, regardless of how serious, employees shall immediately notify their supervisor, and complete the appropriate department accident report form. In case of vehicle accident, call 911 and request Police assistance. Employees should render aid to injured persons at the scene of an accident to the extent they have been trained to assist. In the event of an accident involving injury or damage to property, the employee(s) involved shall complete a City Accident Report as soon as reasonably possible following the accident. The Supervisor shall investigate the accident and complete the Supervisor's Accident Report. Both reports shall be submitted to the Department Director and the Department Safety Committee. In the next City-wide Safety Committee meeting, the Committee shall review the reports and make recommendations for appropriate corrective actions. The Human Resources Office maintains accident Reports. 13.7 TRAINING At least one member of each crew working in the field is required to have a valid First Aid card. This requires recertification training every two years. 13.8 ACCIDENT PREVENTION PROGRAM Each Department must have a formal written accident prevention program tailored to its particular operations and hazards. This program must include a safety orientation program and a safety bulletin board. The safety orientation must inform employees of the following: how and when to report injuries and unsafe conditions and practices, the use and care of required personal protection equipment, actions to take in emergencies including exit routes and locations of first aid facilities, and on-the-job safety practices. Employees will also be provided the hazard communications guidelines supporting the Worker's Right to Know requirements, which provides instructional information on hazardous materials used in the workplace, proper labeling of chemicals used, and emergency procedures for the employee to use in the event of a hazardous exposure or spill. Workers will be provided with proper personal protective equipment while working with hazardous materials and are required to use such safety equipment. Each worksite must also have a designated Safety Bulletin Board for displaying safety bulletins, posters, accident statistic, and other safety educational materials. The Human Resources Office will maintain a comprehensive Accident Prevention Plan for the City. 69 Packet Page 148 of 411 CHAPTER XIV COMPLAINT PROCEDURES 14.1 COMPLAINT PROCEDURES The City recognizes that sometimes situations arise in which employees feel that they have not been treated fairly or in accordance with City policies. For this reason the City provides employees with procedures for resolving complaints. Step 1: Employees should first try to resolve any problem or complaint with their supervisor. Step 2: When normal communication between an employee and the supervisor is not successful, or when an employee disagrees with the application of City policies and procedures, the employee should attempt to resolve the problem with his/her department head. The complaint must be filed within ten (10) working days of the occurrence leading to the complaint, or ten (10) working days after the employee becomes aware of the circumstances. The department head will usually respond to the employee [in writing] within five (5) days after meeting with him/her, if possible. Step 3: If the employee is not satisfied with the response from the department head, the employee may submit the problem, in writing, to the Mayor. The written complaint must contain, at a minimum: (1) A description of the problem; (2) A specific policy or procedure which the employee believes has been violated or misapplied; (3) The date of the circumstances leading to the complaint or the date when the employee first became aware of those circumstances; (4) The remedy sought by the employee to resolve the complaint. The written complaint must be filed within ten (10) working days from receipt of the department head's response. The Mayor may meet with the parties, either individually or together, and will usually respond in writing to the aggrieved employee within ten (10) days of the meeting. The Mayor's response and decision shall be final and binding. Certain employees may have more than one source of dispute resolution rights, i.e., the City's Civil Service rules, a collective bargaining agreement, if any, and this complaint process. Employees represented by a bargaining unit or who are covered under civil service rules should follow grievance procedures set out in their respective labor 70 Packet Page 149 of 411 contracts or civil service rules, where applicable. In all other cases, the procedures described in this section shall be used. Under no circumstances shall an employee have the right to utilize both this process and any other complaint or appeal procedure that may be available to an employee. 71 Packet Page 150 of 411 APPENDIX A Information Services Acceptable Use Policy 1.0 Purpose This documents acceptable use of City of Edmonds Device and Systems Policy, and provides guidance for managing the use of electronic devices and systems by all departments, employees and users of City systems. 2.0 Background The City of Edmonds provides employees with a variety of devices, and technology systems such as telephones, voice mail, computers, facsimile machines, instant messaging, electronic bulletin boards, electronic mail (email) systems, cellular phones, wireless devices, Internet access, and social media. The City recognizes the importance of electronic devices and tools in accomplishing work in an efficient manner. Access to these systems provides rapid exchange of information that improves productivity. It is important, however, that these devices and systems be used in a manner which benefits the government and which is responsible to City taxpayers. The goal of this policy is to ensure economical, effective, and efficient management of communication systems and to ensure that employees use these systems in a professional manner that reflects positively upon the City. This policy establishes privileges and responsibilities for employees, and employees must agree to, and abide by this policy to utilize these systems. 3.0 Scope This policy applies to all employees, contractors, consultants, temporary employees, vendors and any others that are provided access to City of Edmonds communication systems, including those workers associated with any third parties who access these systems. Throughout this document, the word "employee" will be used to collectively refer to all such individuals. This policy also applies to all communications and data systems owned by and/or administered by the City of Edmonds both on and off City property. 4.0 Authority RCW 42.17 Public Disclosure RCW 40.14 Public Records 72 Packet Page 151 of 411 5.0 Device & Systems Usage Policy The City of Edmonds provides access to the vast information resources available through communication devices and systems including, computers, servers, email, voice mail, bulletin boards, instant messaging, cell phones, telephones, wireless devices, tablets, and other telecommunications and information systems. These information resources are for use to help employees work better, faster and smarter, and be well-informed about effective business practices. The facilities to provide that access represent a considerable commitment of City resources. This usage policy is designed to help employees understand the City's expectations for the use of those resources. First and foremost, the City's supplied devices, software, and systems, are provided at significant cost. That means that the City expects these systems to be used for City business -related purposes: to accomplish tasks, communicate with customers, suppliers, and associates, to research relevant topics and obtain useful business information. With rare exceptions, these systems are not to be used for private purposes. Employees should have no expectation of personal privacy in using them. The City requires employees to conduct themselves honestly and appropriately in the use of the use of technology provided, and respect copyrights, software licensing rules, proprietary rights and prerogatives of others, just as in any other business dealings. To be absolutely clear on this point, all existing City policies apply to employees conducting business with these devices, software, and systems. This includes especially, but not exclusively, those that deal with intellectual property protection, misuse of City resources, harassment, including sexual harassment, information and data security, and confidentiality. Unnecessary or unauthorized device and system usage costs money, and causes network and server congestion. It slows other users, takes away from work time, consumes supplies, and ties up printers and other shared resources. Unlawful devices or systems usage may also garner negative publicity for the City and expose Edmonds to significant legal liabilities. Internet, postings, blogs, chat groups, social media, newsgroups, and email systems give each user an immense and unprecedented reach to propagate City messages and tell the City story. Because of that power the City must take special care to maintain the clarity, consistency and integrity of the City of Edmonds image and posture. Anything any one employee writes in the course of acting for the City on the communication systems can be interpreted as a formal representation of the City's position. While the City's use of these devices and connections to systems offer many potential benefits, it can also open the door to significant risks to our data and systems if employees do not follow appropriate security discipline. As presented in greater detail, that may mean preventing machines with sensitive data or applications from connecting 73 Packet Page 152 of 411 to a communication system entirely, or it may mean that certain users must be prevented from using certain communication systems or their features, for example remote file access or file transfers. The overriding principle is that security is to be a primary concern of every user. Employees can be held accountable for any breaches of security or confidentiality. Certain terms in this policy should be understood expansively to include related concepts. Document Covers any kind of file, or stream of data, that can be stored, printed, read, or viewed. This would include files for browsers, desktop applications, such as word processing or desk -top publishing, and specialized software programs databases, GIS, and their viewers. Graphics Includes photographs, pictures, video, images, animations, movies, or drawings. Display Includes monitors, flat -panel active or passive matrix displays, monochrome LCDs, projectors, televisions, handheld screens and virtual -reality tools. Audio Includes any sounds, recordings and files containing sounds or voice. All employees provided or granted device, software or systems access will be provided a copy of this policy or a "link" to the policy where it may be viewed and/or printed. Any questions concerning the policy should be directed to the employee's supervisor. If there is any portion of this policy that is not clearly understood by the employee, it is the employee's responsibility to bring the question to the attention of their supervisor for clarification. 6.0 Detailed Policy Provisions 1. Management and Administration 1.1. The City of Edmonds has software and systems in place that can monitor and record all software and systems usage. Most systems such as electronic mail, facsimile transmissions, Internet traffic, and voice mail are technologies that create an electronic record. This is what separates these from other forms of communication such as a telephone conversation. An electronic record, like a paper record, is reproducible and therefore special care must be taken to avoid improper dissemination of protected or confidential information. Electronic records are subject to public disclosure laws to the same extent as are paper records. Electronic records may be inspected for audit or legitimate operational or management purposes. The City reserves the right to inspect any and all files stored in any areas of City systems in order to assure compliance with 74 Packet Page 153 of 411 policy. Electronic records are to be kept, maintained, released, withheld, and destroyed only in accordance with the Public Disclosure Act (RCW 42.17) and the law governing preservation and destruction of public records (RCW 40.14). 1.2. The City's security systems are capable of recording (for each and every user) each World Wide Web site visit, each chat newsgroup or email message, and each file transfer into and out of City systems, and other communications related information. The City reserves the right to monitor and record such uses at any time. No employee should have any expectation of personal privacy as to their communication systems usage or use of any software or hardware provided by the City. The City will review communication systems activity and analyze usage patterns, and may use this data to assure that City communication systems resources are devoted to maintaining the highest levels of productivity. 1.3. The creation or transmission of any kind of sexually explicit image or document on any City system is a violation of the City's policy on sexual harassment (see Personnel Policies Section 2.4, Sexual Harassment Prohibited). Some images or documents do not apply to this policy, such as the legitimate needs of public safety agencies. In addition sexually explicit material may not be accessed, viewed, downloaded, archived, stored, distributed, edited or recorded using our network or communication systems. The City of Edmonds uses independently supplied software and data to identify inappropriate or sexually -explicit material. The City may block access to all such sites of which the City becomes aware. If an employee is inadvertently connected to a site that contains sexually explicit or offensive material, the employee must disconnect from that site immediately, regardless of whether that site had been previously deemed acceptable by any screening or rating program. 1 A. The creation or transmission of derogatory, inflammatory or harassing messages or content (including, without limitation, derogatory, inflammatory or harassing remarks about an individual's race, age, gender, disability, religion, national origin, marital status, military or honorably discharged veteran status, sexual orientation, including gender expression or identity, genetic information or any other protected characteristic) is a violation both of this policy and of the City's Anti -Harassment Policy. 1.5. Use of City communication systems for solicitation of non -City business or for personal gain is prohibited. 1.6. The City of Edmonds communication systems and computing resources must not be used to violate the laws and regulations of the United States or any other nation or the laws and regulations of any county, city, province or other local jurisdiction in any material way. Use of any City resources for illegal activity is 75 Packet Page 154 of 411 grounds for discipline, up to and including immediate dismissal and consistent with applicable law. The City will cooperate with legitimate law enforcement and regulatory agencies for logs, diaries and archives on employee activities. 1.7. Any software or files downloaded via the City's devices, software, or systems into the City's systems may be used only in ways that are consistent with their licenses or copyrights. 1.8. No employee may use City systems to knowingly download or distribute pirated software or data. Any file that is downloaded must be scanned for viruses before it is run or accessed. 1.9. No employee may use a City device, software, or its systems to deliberately propagate any viruses or other code harmful to City data or systems. 1.10. No employee may use City devices, software, or systems to knowingly disable or overload any computer system or network or to circumvent any security feature of the systems. 1.11. Each employee shall identify themselves honestly, accurately and completely (including City department and function where requested) when participating in authorized chats or newsgroups, or when setting up accounts on outside computer systems. 1.12. Only those employees or officials who are duly authorized to speak on behalf of the City to the media, to analysts or in public gatherings may speak/write in the name of the City to any electronic media, such as newsgroup, chat room, blog, or social media. Other employees may participate in electronic media in the course of business when authorized and relevant to their duties, and should be cautious to make it clear when they are expressing an individual opinion as opposed to establishing or representing the City's position or policy on a matter. Where an individual participant is identified as an employee or agent of the City of Edmonds, the employee must refrain from political advocacy and must refrain from the unauthorized endorsement or appearance of endorsement by the City of any commercial product or service. 1.13. The City of Edmonds retains proprietary rights and the copyright to any material posted to any electronic media (including, without limitation, any social media, forum, newsgroup, chat room or World Wide Web) by any employee in the course of his or her duties with the City, unless otherwise provided by law. 1.14. Electronic transmission of protected or confidential City information is governed by the same rules and principles that govern paper transmittals. Protected or confidential City information may include, but is not limited to, certain financial data, personal data, certain proprietary information, security information, trade secrets, and any other material exempted from disclosure, or 76 Packet Page 155 of 411 required to be held confidential by law and City policies and/or procedures. The unauthorized release of protected information - whether or not the release is inadvertent - may subject an employee to penalties or discipline under existing policies and procedures. 15. A wide variety of materials may be deemed offensive by colleagues, customers or business suppliers. Employees must be aware of this and not store, view, print or redistribute any document or graphic file that is not directly related to the user's job or City activities, or that is likely to be deemed offensive by a reasonable person. (Exception: Viewing of unsolicited material sent to the employee.) 1.16. Employees must understand that copyright, trademarks, libel, slander and public speech control laws of all jurisdictions in which the City conducts business apply to the City and its employees. Care must be taken so that the use of the communication systems does not inadvertently violate any laws which might be enforceable against the City. 1.16.1. Employees with device and communication systems access may only download software for direct business use, and they must arrange to have such software properly licensed and/or registered with Information Services. Downloaded software if subject to a license must be used only under the terms of its license. 1.16.2. Employees may not download entertainment software or games or play games with others over the communication systems. 1.16.3. Employees may not download audio, images or videos unless there is an explicit business -related use for the material and such downloading does not violate any copyright or licensing requirements. 1.17. Employees may not upload any software licensed to the City or data owned or licensed by the City without explicit authorization from the manager responsible for the system, software or data. 2. Technical 2.1. User identification (IDs) and passwords help maintain individual accountability for communication systems resource usage. However, the issuance of ID's and passwords is not intended to create any personal privacy rights. Any employee who obtains a password of or for a device or system resource must keep that password confidential, except for communication with authorized personnel. City policy prohibits the sharing of user IDs or passwords obtained for access to devices, software and systems. Employees shall not use the password or ID of another user, except in cases of job related necessity as 77 Packet Page 156 of 411 approved by the Department Head. Employees shall not reveal the password or ID to an unauthorized person or entity. 2.2. Video and audio streaming and downloading technologies represent significant data traffic which cause local network congestion. Employees should schedule communications -intensive operations such as large file transfers, video or audio downloads, mass e-mailings and the like so as not to impact other users of the City's systems. The preferred time for such transfers are the off peak hours between 6:00 PM and 7:00 AM Pacific time. 3. Security 3.1. The City has installed a variety of firewalls, application, network address screening programs and other security systems to assure the safety and security of systems. Any employee who attempts to disable, defeat or circumvent any security facility is subject to discipline up to and including dismissal and possible criminal prosecution. 3.2. Files containing confidential and/or protected data that are transferred in any way across communication systems must be protected. 3.3. Devices that use their own network to create an independent data connection can sidestep network security mechanisms. These independent connections to outside networks can be used by an attacker to compromise City software, systems and networks. Any device used for an independent network connection must be isolated from the City's internal networks and approved in advance by Information Services. 3.4. Only those communication systems, services and functions with documented City business purpose will be enabled at the systems firewall. 4. Incidental use 4.1. De minimis use is an infrequent or occasional use that results in little or no actual cost to the City. An occasional brief local phone call, Internet access or email to make a medical or dental appointment is an allowable de minimis use of communications systems. The cost of a brief local phone call is negligible and need not interfere with job performance. 4.2. The proper stewardship of City resources, including funds, facilities, tools, property, and employees and their time, is a responsibility that all employees share. Accordingly, employees may not use devices, software, or systems for personal benefit or gain or for the benefit or gain of other individuals or outside organizations. Personal benefit or gain may include a use solely for personal convenience, or a use to avoid personal expense. 78 Packet Page 157 of 411 4.3. Responsibility and accountability for the appropriate use of devices, software, or systems ultimately rests with the individual City official and City employee, or with the City official or City employee who authorizes such use. Employees and officials are cautioned that their own personal use of devices, software, or systems should never interfere with another City official or employee, or obligate another employee to make personal use of City resources. In addition, City employees have an affirmative duty to ensure that any personal use of devices, software, and systems is the most efficient in terms of time and resources. 4.4. Extensive or repeated personal misuse of City resources, including time, significantly undermines public trust in government. Nevertheless, a very limited personal use of City devices, software, and systems that supports organizational effectiveness would not undermine public trust and confidence. 4.5. Subject to restrictions elsewhere in this policy, a City official or employee may make an occasional, but limited, personal use of devices, software, or system resources only if each of the following conditions are met: 4.6. There is little or no cost to the City; 4.6.1. Any use is brief in duration, occurs infrequently, and is the most effective use of time or resources; 4.6.2. The use does not interfere with the performance of the officer's or employee's official duties; 4.6.3. The use does not disrupt or distract from the conduct of City business due to volume or frequency; 4.6.4. The use does not disrupt other City employees and does not obligate them to make a personal use of City resources; and 4.6.5. The use does not compromise the security or integrity of City property, information, or software. 4.7. The City Code, state and federal laws, strictly prohibit uses of taxpayer resources for private benefit or partisan political purposes. Any use of City resources to support such activity clearly undermines public confidence in government and reflects negatively on City employees generally. In compliance with these provisions, this policy explicitly prohibits, at all times and to any degree, the following private uses of devices, software, and systems and resources: 4.7.1. Any use for the purpose of conducting an outside business or private employment. 79 Packet Page 158 of 411 4.7.2. Any use for the purpose of supporting, promoting the interests of, or soliciting for an outside organization or group, including, but not limited to: a private business, a nonprofit organization, political candidate, a political party, or a ballot issue (unless provided for by law, City code, or other policy). (Note: It is not intended to prohibit forwarding information related to United Way or other organizations related to city government such as the Association of Washington Cities (AWC)). 4.7.3. Any use for the purpose of assisting a campaign for election of a person to an office or for the promotion of or opposition to a ballot proposition. 4.7.4. Any use related to conduct that is prohibited by a federal or state law or rule, or a City code or policy; and 4.7.5. Any private use of any devices, software, or systems property that has been removed from City facilities or other official duty stations, even if there is no cost to the City. 4.8. The general ethics standard is that any use of devices, software, or systems resources other than for official business purposes needs to be brief in duration and frequency to ensure there is little or no cost and the use does not interfere with the performance of official duties. 5. Policy Changes; Other City of Edmonds Policies 5.1. The City of Edmonds Information Services may modify or revise its devices, software, and systems use policies (including these specific regulations) at any time, in its sole discretion. The City will notify the Union of any changes in policy that may affect wages, hours, or working conditions prior to implementation. Employees are required to comply with all such subsequent modifications or revisions. Modifications and/or revisions will be posted on a shared network resource, posted on City Web sites, distributed through email, staff meetings or other communication method. 5.2. These devices, software, and systems use policies are in addition to, and do not replace or supersede, any and all other policies promulgated by the City from time to time which are applicable to its employees (including general policies relating to misuse of City assets or resources, sexual harassment, unauthorized public speaking and misappropriation or theft of intellectual property). Misuse or inappropriate use of devices, software, or resources, in violation of these or any other City policy, may result in discipline, up to and including discharge. :1 Packet Page 159 of 411 5.3. Violation of these policies may result in discipline, up to and including discharge, regardless of whether the particular section or paragraph refers to disciplinary action. 6. References: 6.2. Regulatory Codes of Washington (RCW) 42.52.160, 42.52.180, 42.17.190 6.3. Washington Administrative Code (WAC) 292-120-035 81 Packet Page 160 of 411 Appendix B Drug and Alcohol Testing Policies and Procedures Introduction: The City of Edmonds has adopted a substance abuse policy as part of the Personnel Policies that establishes that any employee may be required to submit to alcohol or controlled substance testing for reasons described in this policy. The City reserves the right to designate certain positions as "safety sensitive," which may require pre -employment drug screening and random drug testing. Additionally, drug and alcohol testing policies and procedures are required by the U.S. Department of Transportation for employees who are required to have a Commercial Driver's License (CDL) to perform their job. This document has three parts: 1) policies that apply to employees who are not required to have a CDL (non-CDL employees); 2) policies that apply to employees who are required to have a CDL; and 3) procedures applicable to all employees. PART I: POLICIES THAT APPLY TO ALL EMPLOYEES WHO ARE NOT REQUIRED TO HAVE A CDL (NON-CDL EMPLOYEES) Policy The City of Edmonds is committed to protecting the health, safety and well being of its employees and all individuals who come into contact with our employees and workplace. In addition, we strive to create and maintain a productive and efficient work environment in which all employees have an opportunity to thrive and be successful. Recognizing that drug and alcohol use and abuse can pose a serious threat to these goals, the City of Edmonds is committed to providing a drug and alcohol -free workplace for all of its employees. Definitions Drugs - For purposes of Part I of this policy, "drugs" refers to any illegal substance or controlled substance as defined by the federal Controlled Substances Act, taken without a valid prescription, including but not limited to: marijuana (THC), cocaine, opiates, synthetic opiates, phencyclidine (PCP), and amphetamines. Alcohol — "Alcohol" means ethyl alcohol, the intoxicating agent in alcoholic beverages, or other low molecular weight alcohols, including methyl or isopropyl alcohol. Medical Review Officer (MRO) - The Medical Review Officer is the licensed physician responsible for receiving and interpreting laboratory results from the urine drug tests. Reasonable Suspicion — Reasonable suspicion is based on specific personal observations that a City of Edmonds Human Resource representative or a supervisor can describe and document (using a Reasonable Suspicion Testing and Documentation 82 Packet Page 161 of 411 Form) regarding an employee's appearance, behavior, speech, breath odor, or other factors that indicate the employee may be under the influence of alcohol or drugs. Substance Abuse Professional (SAP) - A Substance Abuse Professional is a licensed physician, a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug -related disorders. Drug and Alcohol Testing Tests The City of Edmonds may test any employee or applicant for drugs or alcohol as set forth in this policy. This includes urine drug testing and evidential breath alcohol testing. Alcohol and drug testing required by this policy is a mandatory condition of employment. Refusing to submit to such tests constitutes a violation of City policy and will result in termination of employment (or, for an applicant, withdrawal of the conditional job offer.) Reasonable Suspicion — Whenever a City of Edmonds Human Resource representative, or a supervisor has reasonable suspicion (described and documented using a Reasonable Suspicion Testing and Documentation Form) suggesting that the employee is under the influence of alcohol or drugs, the employee shall submit to a reasonable suspicion drug and/or alcohol test. Only supervisors who have been trained in detecting the symptoms of alcohol misuse or drug use and who have directly observed behaviors, appearance or physical symptoms can subject an employee to reasonable suspicion testing. Supervisors should complete a Documentation Form and, if possible, have the form signed by a witness. If a supervisor has reasonable suspicion to believe that an employee who is on duty, about to go on duty, or just completed duty is under any influence of drugs or alcohol, the supervisor will remove the employee from duty immediately. The employee will be advised of the reasons for reasonable suspicion and will be transported to the collection site by the supervisor for testing. If a reasonable suspicion alcohol test is not conducted within two hours of determination that it is necessary, the supervisor will prepare and maintain documentation of the reasons why it did not occur within that time frame. Post -Accident — An employee who is involved in an accident while driving a vehicle for City business will be required to submit to a drug and alcohol test if the accident results in (1) a fatality; (2) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (3) one or more motor vehicles incurring disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. 83 Packet Page 162 of 411 After an accident, employees are responsible for contacting their immediate supervisor or other management personnel. If the above conditions are met, the employee must make himself or herself available for post -accident testing as soon as possible. Post - accident testing for alcohol should occur within two hours if possible, but may not exceed eight hours. Testing for drugs should occur within 32 hours. An employee who does not comply with the post -accident testing will be considered to have refused testing and will be subject to disciplinary action. An employee in a post - accident situation should cooperate with law enforcement personnel investigating the scene. Supervisors are responsible for determining if the accident qualifies the driver for post - accident testing and should escort the employee to the collection site if possible. If an employee is unable to provide consent to testing due to their medical condition, the supervisor will document the reasons why the employee was not tested. If testing is not completed within the required time following an accident, the supervisor will document in writing why the tests were not administered. Return to Duty — Employees who have violated this policy but are allowed to return to work must test negative prior to being released for duty. A return -to -duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. Follow Up — An employee who is referred for assistance related to alcohol misuse and/or use of drugs may be subject to unannounced follow-up testing for a period not to exceed twenty-four (24) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee's return to duty. PROHIBITED CONDUCT The City of Edmonds strictly prohibits the following: • Reporting to work or remaining on duty under the influence of alcohol or drugs. • Testing positive for alcohol or drugs. An alcohol concentration of 0.02 or higher is considered a positive test. • The use, possession, manufacture, distribution, dispensing, transfer or trafficking of alcohol or drugs and their paraphernalia in any amount or any manner on City premises, in City vehicles, or while on duty at any time. • Operating a City vehicle within four (4) hours after consuming any amount of alcohol. An on -call employee who consumes any amount of alcohol within four (4) hours of being called in must acknowledge the use of alcohol and may not report for duty. • The unauthorized use or distribution of prescription drugs on City premises, in City vehicles, or while on duty at any time. 84 Packet Page 163 of 411 The use of any legally obtained drug (prescription or over-the-counter) when such use adversely affects an employee's job performance, their safety or the safety of others, or any combination thereof. • Violations of this policy. Employees who are taking medically prescribed or over-the-counter drugs should notify their supervisor if the medication may cause a direct threat by impairing job performance of safety -sensitive functions. Employees are prohibited from distributing, possessing, or reporting to work under the influence of marijuana under all circumstances, including where the employee has a medical prescription or a medical marijuana green card. Any employee found in violation of the above stated prohibitions will be subject to disciplinary action up to and including termination. REFUSAL TO SUBMIT An employee may not refuse to submit to a post -accident, reasonable suspicion, or follow-up alcohol or drug test as directed by this policy. A refusal is treated as though the test, if taken, was positive. An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy. Tampering, adulteration, substitution, or other interference with the collection and testing process are considered a refusal to test. CONSEQUENCES OF ENGAGING IN PROHIBITED CONDUCT Employees are subject to disciplinary action up to and including termination (and as specified in the Personnel Policies) for violating this policy. All employees, regardless of disciplinary action, will be advised of resources available for assistance with drug or alcohol misuse. Employees who violate this policy but whose employment is not terminated will not be permitted to return to work unless the employee: 1. has been evaluated by a SAP; and 2. if recommended by a SAP, has properly followed any rehabilitation prescribed; and 3. has had a post -treatment evaluation by the original SAP and is released to return to work; and, 4. has a verified negative return -to -duty test. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. 85 Packet Page 164 of 411 An employee who successfully returns to work will be subject to follow-up random testing as recommended by the SAP with a minimum of six (6) such unscheduled tests within the first twelve (12) months of returning to duty. PART II: POLICIES THAT APPLY TO EMPLOYEES WITH COMMERCIAL DRIVER'S LICENSES Purpose The purpose of this part of this policy is to establish compliance with the Federal Motor Carriers Safety Administration regulations requiring drug and alcohol testing for Commercial Driver's License holders. Regulations issued by the United States Department of Transportation mandate urine drug and evidential breath alcohol testing for employees in safety sensitive positions, including those who are required to hold certain Commercial Driver's Licenses. These regulations may be found in 49 CFR Part 40 and Part 382 of the U.S. Code. This policy sets forth the City of Edmonds alcohol and drug testing program and the testing and reporting requirements as required by those regulations. Application Part II applies to all employees of the City who are required to have and maintain a Commercial Driver's License in order to perform the duties of their job. Policy The City has a significant interest in the health and safety of its employees and the citizens of the City of Edmonds. In furtherance of that interest, it is the policy of the City to take those steps necessary to ensure that its employees perform their duties and responsibilities free of the influence of drugs and alcohol. Employees are encouraged to seek confidential counseling on problems associated with alcohol and drug abuse through the Employee Assistance Program. There will be mandatory drug and alcohol testing for employees and job applicants as outlined in this part of this policy. Definitions Commercial Vehicle - A commercial vehicle is one that either: 1) has a gross vehicle weight of over 26,000 pounds (including combined weight if towed unit weighs over 10,000 pounds); 2) is designed to transport 16 or more persons, including the driver; or 3) is used to transport hazardous materials. Driver - All employees whose positions may involve driving a commercial vehicle and which require the possession of a Commercial Driver's License. Drugs - For the purposes of this policy, in accordance with the applicable federal regulations for Commercial Drivers License holders, "drugs" refers to the following five 86 Packet Page 165 of 411 substances: marijuana (THC), cocaine, opiates, phencyclidine (PCP), and amphetamines. Nothing in this policy shall preclude the City from requesting testing for additional illegal or controlled substances taken without a valid prescription, including but not limited to synthetic opiates. Follow Up -An employee who is referred for assistance related to alcohol misuse and/or use of drugs may be subject to unannounced follow-up testing for a period not to exceed sixty (60) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee's return to duty. Medical Review Officer (MRO) - The Medical Review Officer is the licensed physician responsible for receiving and interpreting laboratory results from the urine drug tests. Pre -Employment — After receiving a conditional offer of employment, applicants whose position requires a CDL are required to submit to, and successfully pass, a drug test. Reasonable Suspicion — Reasonable suspicion is based on specific personal observations that a City of Edmonds Human Resource representative or a supervisor can describe and document (using a Reasonable Suspicion Testing and Documentation Form) regarding an employee's current appearance, behavior, speech and breath odor or other factors that suggests the employee is under the influence of alcohol or drugs. Return to Duty -Employees who have violated this policy and who under the discipline policy are allowed to return to work, must test negative prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. Safety Sensitive Position - For purposes of this part (Part II) of this policy, these are positions that require a Commercial Driver's License. Substance Abuse Professional (SAP) - A Substance Abuse Professional is a licensed physician, or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and drug -related disorders. The SAP is responsible for evaluating employees with positive test results. Prohibited Conduct. The following conduct regarding alcohol and drug use or abuse is prohibited: A. Alcohol 87 Packet Page 166 of 411 • An employee may not report for or remain on duty requiring the performance of duties covered under this policy while having an alcohol concentration of 0.02 or greater. • An employee may not possess or use alcohol while on duty or while operating a City vehicle. • An employee may not operate a commercial vehicle within four (4) hours after consuming alcohol. An on -call employee who consumes alcohol within four (4) hours of being called in must acknowledge the use of alcohol and may not report for duty. B. Drugs Reporting for duty or remaining on duty when the employee has used a drug or drugs is strictly prohibited, as defined with these adopted policies. C. Use of Prescription Medication Except for medical marijuana, use of prescription medication or over-the-counter medication pursuant to instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to safely operate a commercial vehicle is not a violation of this policy. Employees who are taking a prescription or over-the-counter medication that may impair their ability to perform their duties safely and effectively must inform their supervisor and may be required to provide written notice from their physician or pharmacist with respect to the effects of such substances and their ability to safely and effectively perform their job. Employees are prohibited from distributing, possessing, or reporting to work under the influence of marijuana even if the employee has a medical marijuana prescription or medical marijuana green card. D. Refusal to Submit to a Required Test An employee may not refuse to submit to a post -accident, random, reasonable suspicion, or follow-up alcohol or drug test as directed by this part of this policy. A refusal is treated as though the test, if taken, was positive. E. Positive Drug Test An employee may not report for duty or remain on duty requiring the performance of duties covered under this policy if the employee tests positive for drugs or alcohol. F. Tampering with a Required Test An employee may not tamper with, adulterate, alter, obstruct any testing process required under this policy. substitution, or other interference with the collection considered a refusal to test. :: substitute or otherwise Tampering, adulteration, and testing process are Packet Page 167 of 411 Testing 1. Pre -employment Drug Testing All individuals who are covered by this part of this policy must pass a drug test as a post -offer condition of employment. 2. Reasonable Suspicion Testing Employees subject to this part of this policy shall submit to a drug and/or alcohol test when the City reasonably suspects that this policy may have been or is presently being violated. A referral for testing will be based on contemporaneous, articulated observations. Only supervisors who have been trained in detecting the symptoms of alcohol misuse or drug use and who have directly observed behaviors, appearance or physical symptoms can subject an employee to reasonable suspicion testing. Alcohol testing for reasonable suspicion may only be conducted just before, during or after an employee operates a commercial vehicle. If removed from duty based on reasonable suspicion of alcohol use and an alcohol test is not administered within eight hours, the employee will not be allowed to perform or continue to perform covered functions until: a) an alcohol test is administered and the driver's breath alcohol concentration measures less than 0.02; or b) Twenty-four (24) hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated this policy concerning the use of alcohol. 3. Post -Accident Testing All employees covered by Part II of this policy will be subject to post -accident testing if they are involved in an accident with a commercial vehicle on a public road or right-of-way which results in: a) A fatality OR b) The driver receives a citation under state or local law for a moving violation AND i. there is bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene OR ii. one or more motor vehicles incurs disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle. Post -accident testing for alcohol should occur within two hours if possible, but may not exceed eight hours. Testing for drugs should occur within thirty-two (32) hours. 89 Packet Page 168 of 411 After an accident, employees are responsible for contacting the immediate supervisor or other management personnel and remaining readily available for testing. An employee who does not comply with the post -accident testing will be considered to have refused testing and will be subject to disciplinary action. An employee in a post -accident situation should cooperate with law enforcement personnel investigating the scene. Supervisors are responsible for determining if the accident qualifies the driver for post -accident testing and should escort the employee to the collection site if possible. If an employee is unable to provide consent to testing due to a medical condition, the supervisor will document the reasons why the employee was not tested. If testing is not completed within the required time following an accident, the supervisor will document in writing why the tests were not administered. 4. Random Testing Employees covered by these procedures have been included in the AWC Drug and Alcohol Testing Consortium pool. This pool contains all eligible individuals from all of the consortium members. The pool database is managed by HealthForce Partners and is updated monthly as changes in personnel occur. The annual random testing rate required under federal regulations is fifty (50) percent of the pool of employees covered by this policy for drug testing and ten (10) percent of the pool for alcohol testing. This means that if the pool contains 1,000 members, there will be at least 500 random drug tests and at least 100 random alcohol tests conducted throughout the year. HealthForce Partners uses a software program to randomly select individuals for random testing on a monthly basis. Some individuals will be selected for drug testing and others will be selected for both drug and alcohol testing. Employees selected for random testing will be scheduled for a test by the Designated Employer Representative at some time during the month that the name was selected. Employees selected for alcohol testing may only be tested just before, during or after driving a commercial vehicle. Employees will not be notified until just prior to the testing. Upon notification of selection for random testing, the employee will receive an Employee Notification of Scheduled Drug and/or Alcohol Test letter from the Designated Employer Representative. The employee will be asked to sign this letter and a Testing Consent form. The employee must present the Employee Notification of Scheduled Drug and/or Alcohol Test letter at the collection site along with picture identification at the time of testing. A copy of all of the forms will be retained by the City. 90 Packet Page 169 of 411 After notification, the employee must proceed immediately and directly to the collection site for testing. If an employee scheduled for an alcohol test receives a confirmed test result with a breath alcohol level of 0.02 or above and is unaccompanied at the collection site, a supervisor will be called to the site to transport the employee. Refusing to submit to a test will be considered the same as a positive test result and will subject the employee to the same consequences as receiving a positive test result. 5. Return to Duty Testing Employees who have violated Part II of this policy, including those who have tested positive on a drug or alcohol test, and who are allowed to return to work, must test negative prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0.02. 6. Follow-up Testing An employee who is referred for assistance related to alcohol misuse and/or use of drugs is subject to unannounced follow-up testing for a period not to exceed sixty (60) months as directed by a Substance Abuse Professional. The number and frequency of follow-up testing will be determined by the Substance Abuse Professional, but will not be less than six (6) tests in the first twelve (12) months following the employee's return to duty. 7. Split Sample Testing Employees who test positive for drugs may request a second test of the remaining portion of the split sample within 72 hours of notification of a positive test result by the Medical Review Officer. Refusal To Take An Alcohol Or Drug Test. No employee shall refuse to submit to an alcohol or drug test as directed under this policy. A refusal to submit shall include, but is not limited to: a. a failure to provide adequate breath for testing without a valid medical explanation; b. failure to provide adequate urine for drug testing without a valid medical explanation; c. engaging in conduct that obstructs the testing process; d. failure to appear for a test; e. failure to remain at the testing site until the testing process is completed; 91 Packet Page 170 of 411 f. failure to permit the monitoring of the provision of a specimen as directed by the collector; g. failure to take a second test as directed by the collector; h. tampering with a urine sample; i. failure to complete all required forms and documents. Refusal to submit to a test shall be considered the same as a positive test result. Securing Information From Previous Employers. If a person is to be hired into a position subject to this part of this policy and during the previous two (2) years has worked as a driver of a commercial vehicle, that person must authorize a request of all employers of the driver within the past two (2) years to release information on the following: a. Positive alcohol or drug tests b. Refusal to be tested The City will make a good faith effort to obtain and review the information from prior employers within twenty-eight (28) days of the person performing safety sensitive duties for the first time. Applicants are directed to disclose to the City any positive federal drug tests taken for entities other than bona fide employers within the previous two years. If the City obtains information that indicates either a positive test or that a refusal to be tested occurred within the past two (2) years, that person will not be permitted to drive commercial vehicles unless subsequent information indicates that an evaluation by a Substance Abuse Professional (SAP) was made, return to duty testing was administered, and the individual remains in compliance with the return to duty provisions outlined by the original SAP. Confidentiality and Record Retention. All records related to drug and alcohol testing will be maintained in a secure location with controlled access. These records will be kept separate from records pertaining to all other employees. Consequences of Engaging in Prohibited Conduct or Positive Drug or Alcohol Tests. A. Discipline An employee will be subject to appropriate disciplinary action as specified in the Personnel Policies up to and including termination from employment if: 92 Packet Page 171 of 411 1. the employee tests positive for a drug or drugs; 2. results from an alcohol test indicate a breath alcohol level of 0.04 or greater; and/or, 3. the employee has engaged in prohibited conduct as outlined in the Personnel Policies. All employees, regardless of disciplinary action taken, will be advised of resources available to the employee in evaluating or resolving problems associated with drug use or alcohol misuse. B. Positive Test Result and/or Engaging in Prohibited Conduct. The following provisions apply to employees who are not terminated for violating this policy: If an employee tests positive for drugs or has an alcohol test that indicates a breath alcohol level of 0.02 or greater from a random, reasonable suspicion or post - accident test, or engages in prohibited conduct as outlined in the Personnel Policies, the employee will be immediately removed from duties requiring the driving of a commercial vehicle. The employee will not be permitted to return to work unless he/she: 1. has been evaluated by a qualified Substance Abuse Professional; and, 2. if recommended by a Substance Abuse Professional, has properly followed any rehabilitation prescribed; and, 3. has had a post -treatment evaluation by the original SAP; and, 4. has a verified negative result on a return -to -duty alcohol (<0.02) and/or drug test. Upon completion of a recommended rehabilitation program and successful return to work, an employee will be subject to follow-up random testing for up to sixty (60) months as recommended by the Substance Abuse Professional, with a minimum of six (6) such unscheduled tests within the first twelve (12) months of returning to duty. Employee Assistance Program/Voluntary Referral. The City supports employees who voluntarily seek assistance with alcohol or drug abuse. Employees are encouraged to seek treatment voluntarily and to utilize the Employee Assistance Program described in Part III. Any employee who comes forth and notifies the City of alcohol or drug abuse problems will be given the assistance extended to employees with any other illness. Any such program, however, may not interfere with the tests required by these rules. For example, a driver may not identify himself/herself as unfit to drive after having been notified of a random or reasonable suspicion test and expect to avoid the consequences for a positive test or a refusal to 93 Packet Page 172 of 411 test. In addition, voluntarily seeking assistance does not excuse any failure to comply with all of the provisions of this part of this policy or other policies of the City. Sick leave, vacation leave or leave of absence without pay may be granted for treatment and rehabilitation as with other illnesses. Insurance coverage for treatment will be provided to the extent of individual coverage. Confidentiality of information will be maintained as much as possible at all times. PART III: POLICIES APPLICABLE TO ALL EMPLOYEES RESOURCES A. Designated Employer Representative (DER) The Human Resources Manager has been designated by the City to answer questions about the program and program materials and may provide employees with resource materials or referral assistance. B. Employee Assistance Program The City offers an Employee Assistance Program (EAP) designed to assist employees and their families who are experiencing personal or job -related problems. The EAP is available to employees who need assistance in dealing with a substance abuse problem. Employees are encouraged to contact the EAP for assistance in early detection of substance abuse problems and referral for treatment programs. All EAP services are confidential and at no cost to the employee. Employees who would like information on benefits of the Employee Assistance Program should contact the Human Resources Department. C. Testing, Evaluation and Referral Services The City has joined the Association of Washington Cities (AWC) Drug and Alcohol Testing Consortium for the administration of this program. The AWC Consortium has contracted with HealthForce Partners to conduct the random testing services, provide the testing laboratory facilities, arrange the testing collection sites, and provide the Medical Review Officer (MRO) functions. The services of a Substance Abuse Professional (SAP) are also available for employees with positive test results. Drug and Alcohol Testing Collection Sites: CarePlus Medical Center 14330 Aurora Avenue N Shoreline, WA 98133 206.365.0220 Swedish/Stevens (after hours testing) PacLab 94 Packet Page 173 of 411 21601 76" Ave. W. Edmonds, WA 98026 (425) 640-4179 Testing Laboratory, as approved by the US Substance Abuse & Mental Health Services Administration (SAMHSA): LabCorp 1229 Madison Street, Suite 500 Seattle, WA 98104 206.386.2661 Medical Review Officer Paragon MRO Kirby Griffin, MD 9370 SW Greenburg Rd. Ste 200 Portland, OR 97223 1-877-3225 Substance Abuse Professional Compsych 1.800.570.9315 Compsyc will refer caller to a Substance Abuse Professional in the local area. TESTING PROCEDURES A. Pre -Employment Testing Following a conditional offer of employment, prospective employees will be tested for the presence of drugs if being hired into a job requiring a CDL, or as determined by the City. Current employees who are transferring from a position that does not require a Commercial Driver's License to a position that does require one, will be tested for the presence of drugs prior to performing duties that require driving or operating a commercial vehicle. A positive drug test result for an employment candidate will result in the City rescinding the conditional offer of employment. The individual will only be eligible to re -apply for a position covered by these procedures after six (6) months. Proof of compliance with USDOT return -to -duty regulations will be required. A positive drug test result for an employee seeking to transfer to a position requiring the driving of a commercial vehicle will result in denial of the transfer and the employee will be subject to discipline as described in the Drug and Alcohol Testing Policy. 95 Packet Page 174 of 411 B. Random Testing C. After Hours Testing If the need for testing occurs outside of the normal hours of operation of the designated collection site, a supervisor or manager will be responsible for following the procedures established by HealthForce Partners for such occurrences. 8. Dilute Specimens If a test is reported to the City with a result of "Negative Dilute", the City will require the employee to take another test immediately in the following circumstances: for pre -employment, return to duty, reasonable cause, and follow up. The result of the recollection shall become the official test of record. TESTING COSTS AND COMPENSATION A. Testing Costs 1. The City will pay for the following alcohol and or initial drug tests: a. Random testing b. Reasonable suspicion testing c. Post -accident testing d. Pre -employment e. Follow-up testing f. Return to duty testing 2. Employees are responsible for the costs associated with the following tests: a. Split sample re -tests made at the employee's request Split sample testing will be initiated by the MRO immediately upon the request of the donor without regard to which party will ultimately be responsible for payment. However, the City will pursue reimbursement from the donor if the split test reconfirms the original positive result. 3. Substance Abuse Professional and rehabilitation costs will be the responsibility of the employee. B. Pay Status 1. For Time Spent Testing Employees will be compensated for time spent to report to the testing facility and be tested for the following alcohol and/or initial drug tests: a. Random testing b. Reasonable suspicion testing c. Post -accident testing 96 Packet Page 175 of 411 e. Follow-up testing 2. Waiting for Results Employees who have been asked to submit to a reasonable suspicion drug test will be placed on paid leave pending the outcome of the test results. Such employees are eligible to use accrued vacation or sick leave during this time. If the test result is negative, the time will be paid and any sick or vacation leave used will be credited. 3. Waiting to Return to Duty An employee who receives a positive drug test or who tests 0.02 or greater on an alcohol test is not allowed to return to work until all of the applicable requirements are met as outlined in the above policies. Such employee may use accrued vacation or sick leave during this absence. TESTING METHODS A. Drug Testing Drug testing requires donors to provide a urine specimen of at least 45 ml to be tested. The specimen will be sent to LabCorp, a laboratory certified by the Substance Abuse and Mental Health Services Administration (SAMSHA) to conduct screening and confirmation tests according to the protocols identified in the Department of Transportation Rules. All test results will be reviewed by the Medical Review Officer (MRO). B. Alcohol Testing Alcohol testing will be conducted using an approved evidential breath testing (EBT) device operated by a trained breath alcohol technician (BAT) at the collection site. TRAINING AND EDUCATION The City will provide all affected employees with copies of the Drug and Alcohol Testing Policy and other information as may be required by the federal regulations. Each employee must sign a receipt upon having been provided the above referenced information. Managers and supervisors designated to determine whether reasonable suspicion exists to require an employee to undergo alcohol or drug testing will receive at least sixty (60) minutes of training on alcohol and sixty (60) additional minutes of training on drug abuse. The training will cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances. 97 Packet Page 176 of 411 POLICY MODIFICATIONS The City reserves the right to amend this policy as required by changes to Federal law, State law, accepted industry practice, or for minor administrative modifications. Employees will be notified in writing of any changes made that affect them. A current copy of this policy will be kept in the office of the Drug Enforcement Representative and is to be incorporated as Appendix B to the City of Edmonds Personnel Policies. 98 Packet Page 177 of 411 APPENDIX C RECEIPT OF PERSONNEL POLICIES All employees should read the following; then sign, date and return the form to Human Resources Office. The form will be placed in the employee's personnel file. Enclosed are the City of Edmonds Personnel Policies. These policies supersede any prior oral or written statements of the City's Personnel Policieslt is your responsibility to read these policies, as they will acquaint you with your employee benefits, our personnel practices and rules, and some organizational philosophy. It is important to understand that these policies do not create an employment contract or a guarantee of employment of any specific duration between the City and its employees. Although we hope that your employment relationship with us will be long term, we recognize that at times things do not always work out as hoped, and either of us may decide to terminate the employment relationship. Unless specific rights are granted to you in employment contracts, civil service rules, or elsewhere, all employees of the City are considered at - will employees and may be terminated from City employment at any time, with or without cause and with or without notice. As the City grows and changes, personnel policies may change. The City, therefore, reserves the right to revise, supplement, clarify or rescind any policy or portion of a policy when deemed appropriate by the Mayor. Please refer to the on-line version or contact Human Resources for the most up-to-date version. Please also understand that no supervisor, manager or representative of the City other than the Mayor has the authority to make any written or verbal statements or representations which are inconsistent with these policies. The City, as the employer, reserves the right to deduct from an employee's final paycheck and/or accrued benefits of any amounts advanced to an employee that remains unearned when his or her employment with the City ends. If you have any questions about these policies or any other policies of the City, please feel free to ask your supervisor, department head or the Mayor. Your signature below signifies you have received and understand the information stated above. Employee Signature Employee Printed Name Date 99 Packet Page 178 of 411 DRAFT PERSONNEL POLICY NON -REPRESENTED EMPLOYEE COMPENSATION The City's non -represented compensation policy strives to maintain equity in pay for all employees, offers competitive salaries to attract high level applicants, offers internal equity to foster long-term retention of valuable employees, and rewards meritorious job performance. It is the policy of the City for the classification and compensation plan to provide salaries that compare favorably with other similar cities in the region for comparable jobs, and within budget limitations. It is also the policy of the City to ensure that salaries are internally equitable, in proper relationship to all other jobs within the City. SALARY RANGE PROGRESSION Salary ranges for non -represented positions will have a 35% spread from the bottom to the top of each salary range, and will include a seven -step scale with 5% between each of the steps. All new employees will generally be hired at the first step of their salary range; however, an entry level rate of pay above the minimum may be offered to an applicant whose education and experience exceed the minimum qualifications for the classification, or when external labor market pay practices impact recruitment. Initial step placement at higher than Step 3 of the salary range, is subject to approval by the Mayor prior to the offer of employment. Employees are generally advanced to the next salary step increment after six months of satisfactory job performance, and each succeeding year, after a concurrent performance evaluation has been completed by their supervisor, until reaching the maximum step. An employee who fails to achieve at least a satisfactory overall rating on their annual performance evaluation shall not be eligible for a step increase until their next performance evaluation rating period. In the event of promotion of a non -represented employee to another non -represented job classification in a higher pay range, the employee will receive a salary increase of not less than 5% or will be adjusted to the minimum salary level of the new position's salary range, whichever is greater. To ensure internal equity, employees promoted from a represented position to a non - represented position in a higher pay range, will receive a gross salary increase of not less than 5% or the minimum salary level of the new position's salary range, whichever is greater, including consideration of other cash compensation being received in the former position. In the event of a lateral placement of a non -represented employee to another non -represented job classification in the same pay range, the employee will not receive a salary increase. ANNUAL SALARY ADJUSTMENTS Packet Page 179 of 411 The Mayor will recommend the adjustment of salary ranges for non -represented employees to the City Council for approval as part of the budget process, effective January 1 of each year. Salary ranges for non -represented employees will be adjusted at a rate not less than the average adjustment negotiated and approved for represented employee groups. Each employee will maintain the same step within the newly approved salary range that they held prior to the adjustment. To maintain internal equity and to prevent compression within the ranks, the City will maintain the minimum of a 10% increment between the salary ranges at midpoint of supervisor classifications and those supervised. Additionally, the City will ensure that salary ranges of non - represented positions are equal to or exceed salary ranges for comparable represented positions. The City will attempt to mitigate compression issues as they may arise. MARKET ANALYSIS The Human Resources Department will conduct compensation surveys for each non - represented benchmark position no later than September 1, every three years. The following criteria will be used for determining which cities are comparable for the purposes of analyzing and comparing compensation ("Qualified Comparable Cities"): • Comparable cities must be located in Snohomish, King, Pierce, Thurston, or Kitsap counties; and • Comparable cities will include all cities with a population that is no more than 10,000 over or no more than 10,000 under the population of the City of Edmonds according to the most recent population figures published by the Washington State Office of Financial Management or a similar successor government agency; and • The application of the above criteria will be utilized to select a minimum of eight agencies that are closest in population to the City of Edmonds. If this process yields fewer than eight comparable cities (not counting Edmonds) for analysis during a particular year, additional cities shall be selected for analysis by adding an additional city or cities, up to eight, with agencies that are outside the 10,000 over/under criteria, but that are the next closest in population to the City of Edmonds, with the goal of having 50% of the cities with a higher population and 50% with a lower population than Edmonds. Additionally, private sector data will be gathered and considered where it is a significant factor in the City's competitiveness. Benchmark positions are those which are assigned clearly recognizable work at a well-defined level of responsibility, and for which comparable classifications are easily identified to ensure that sufficient data can be collected. Classifications that are selected as comparable for survey purposes must match the benchmark position by 80% in level of work and responsibility. Salaries for comparable positions that are not a complete match may be leveled up or down by a maximum of 20%, to adjust for differences in the level or scope of responsibility in work duties. Non -benchmark classifications (those for which there are not adequate comparable classifications) will be indexed to a corresponding City benchmark position, which is comparable in required qualifications, scope of work, and level of responsibility. Packet Page 180 of 411 Salary ranges for benchmarks will be determined by using the prevailing rates in the identified comparator cities. The City will be competitive within the defined market, but will not assume the position of a lead pay policy compared to the market; therefore the median or 50th percentile of the mid -range of salary data collected will be used to determine competitiveness. Every three years, based upon the survey data, salary ranges for non -represented positions will be realigned, to maintain the mid -point of each salary range between 5% high/low of the mid- point of the comparator city median. Positions requiring adjustment will be assigned to the new salary range within the salary range table that places the position closest to the comparator city median. Any employee whose actual salary falls below the newly adopted pay range minimum, shall be adjusted up to the new minimum upon adoption of the new pay ranges. Any employee whose actual salary exceeds the top of the approved salary range, will have their salary frozen until such time that market rates support pay range adjustment for their job classification. EXTERNAL/INTERNAL EQUITY To be more competitive in the market place, the City will provide a deferred compensation contribution of 2% for non -represented employees. If the City is financially unable to offer the deferred compensation contribution, the City will provide non -represented employees with 40 hours of Administrative Leave annually. Administrative Leave will have no cash -out value and will not be carried over at the end of the calendar year. To address internal equity issues among all employees, Non -represented employees will be eligible for receipt of Longevity Incentive Pay, consistent with that provided by SEIU, Teamsters, and the Edmonds Police Officers' Association represented employees. In addition, to avoid inequity between supervisory ranks, and to eliminate disincentive for promotion within the Department, Commissioned Police management personnel will be eligible for receipt of an Educational Incentive Pay, consistent with that provided to Edmonds Police Officers' Association represented employees. Non -represented at -will employees will be provided with an employment contract that articulates all compensation and benefits, as well as severance provisions that will be imposed in the event that their employment is involuntarily terminated. Packet Page 181 of 411 Policies; and Policy; and ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC CHAPTERS 2.25, 2.30 AND 2.35 TO INCORPORATE UPDATES TO CERTAIN CITY PERSONNEL POLICIES AND TO ADD A SECTION RELATING TO SPECIAL DUTY PAY; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City has recently updated certain provisions of its Personnel WHEREAS, the City has recently adopted a special duty pay policy; and WHEREAS, the City has recently adopted a Non -represented Compensation WHEREAS, the City wishes to revise its municipal code to incorporate the updated Personnel Policy provisions and add the special duty pay provision, and add certain provisions of the Non -represented Compensation Policy; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. ECC Section 2.25.050, entitled "Payment of Claims, Demands and Vouchers," is hereby amended as follows (deleted language in strike -through, new language underlined): 2.25.050 Travel authorization and expense reimbursement policies. A. Policy. It is the city's policy to provide payment for the reasonable accommodation of travel required to conduct city business by city officials and employees. -1- Packet Page 182 of 411 B. Applicability. This section and the policies contained herein shall be applicable to all elected officials, members of boards and commissions and city employees unless otherwise specifically exempted. C. Authorization for Travel. All requests for travel or training shall be submitted and approved on an atit ,ef-iz ,tio to ttendA,.ave4 Authorization to Travel and Attend Training form prior to the person's departure date. 1. All anticipated costs should be listed on the form, whether the costs are known or reasonably estimated. 2. The mayor is authorized to approve all employee's requests which are included within the city's annual budget. D. Travel and Training Request — City Council Approval. City Council President approval must be obtained of all travel and training requests for members of the city council and members of city boards and commissions. E. Accommodations. Accommodations, such as transportation, lodging and conference registration shall normally be arranged in advance by designated staff member and billed directly to the city. Accommodations shall be made at the lowest reasonable rate available, such as coach fare for air transportation, use of special discounts and single occupancy government rates for lodging. Air travel should be used when other reasonable methods of transport are not otherwise available and time schedules require the additional expense. F. Advance Payment of Expenses. Pursuant to ECC 3.04.040, advance payment of authorized expenses in excess of $100.00, as listed on the authorization to attend/travel form, will be provided upon request. Request for an advance payment must be made at least one week prior to the departure date. G. Reimbursement of Travel Expenses. 1. Travel expenses by city officials and employees shall be paid by the city in accordance with the rate schedule listed below. Expense vouchers must be submitted for payment within 10 days following the individual's return. Expense receipts and/or credit card receipts must be submitted for city payment. If a receipt has been lost or stolen, the employee should submit a written statement to the admini3tfad finance director explaining the circumstances of the missing receipt. Reimbursements based on this process may be issued. Reimbursement for any expenses which exceed the limits set forth in this policy shall require approval of the city council. -2- Packet Page 183 of 411 Transportation: Air travel — Coach rate Private car — Current IRS rate Rental car — Requires prior approval Lodging: Regular lodging — Government/commercial rate Conferences — Conference facility rate Meals: mayor Per diem rate in conformance with the State of Washington Office of Financial Management guidelines in effect at the time of travel. Communications: Telephone — One personal call per day kept to a reasonable amount 2. The transportation allowance shall be based upon the direct route round trip costs. Other allowable costs shall include ferry tolls and off-street parking. Taxis may be used if they are the most reasonable means of transportation available. H. Nonallowable Expenses. Expenses not approved for reimbursement include, but are not limited to, alcoholic beverages, expenses for family or guests, entertainment, travel costs paid by another organization, mileage (if traveling as a passenger in a nonowned car), limousine services and personal travel insurance. Only the normal, reasonable and actual expenses will be reimbursed. Public officials and employees utilize public funds for their expenses and are admonished and requested to limit expenditures to those reasonably necessary to provide safe, clean and convenient lodging and healthy meals in settings appropriate to the public mission with which they have been entrusted. I. Use of Private Cars. Private cars should be used by city officials and employees whenever a city vehicle is not available and/or the time the official or employee will be absent exceeds two or more days. Drivers must have a valid operator's license, and the car must be insured to the state's minimum liability standards. The mayor, members of the city council, boards and commissions shall not be reimbursed for mileage expenses incurred within the city limits of Edmonds. City -3- Packet Page 184 of 411 employees will be reimbursed for mileage when using a private vehicle within the city limits when such use is in furtherance of city business. The city's mileage reimbursement rate is intended to cover the cost of fuel, maintenance and insurance costs. Persons using a private vehicle and seeking reimbursement for mileage must maintain a valid driver's license and individual auto insurance, including public liability, bodily injury and property damage, which insurance shall be deemed to be primary as to any other insurance available to the city. If a private vehicle is used in lieu of air transportation, the total amount of reimbursement shall not exceed the cost of air fare as established in subsection H of this section. Section 2. ECC Section 2.30.010 entitled, "Municipal Employee Benefit Plan," is hereby amended as follows (deleted language in strike -through, new language underlined): 2.30.010 Employee benefit plan authorized. There is established for qualified city employees a benefit plan to be provided by the city in lieu of coverage under the Federal Old Age Survivors Disability and Health Insurance Act. The benefit plan shall be as set forth in that certain document entitled, "City of Edmonds Municipal Employees Benefit Trust Plan," three copies of which are and have been on file in the office of the city clerk for use and examination by the public. [Ord. 1922 § 2, 1977; Ord. 615 § 1, 1951]. Section 3. ECC Sections 2.35.030, entitled "Vacations," 2.35.040, entitled "Compensating time," 2.35.045, entitled "Shared leave," and 2.35.060, entitled "Sick leave," are hereby amended (deleted language in strike -through, new language underlined) as follows: 2.35.030 Vacations. A. Regular employees shall accrue the following amount of vacation leave with pay based on the length of continuous service, as that term is defined in the personnel policies: 1. Nonexempt, represented employees shall receive vacation leave in accordance with the applicable collective bargaining agreement; Packet Page 185 of 411 2. Nonexempt and exempt nonrepresented employees below the level of supervisor shall accrue annual vacation in accordance with the following schedule: Years of Days of Employment Vacation After the first 6 days of 6 months of credit continuous employment Second 6 5 days months of additional continuous employment 2 years 11 days through 5 per year years 6 years 16 days through 11 per year years 12 years 21 days through 19 per year years 20 years and 22 days thereafter per year 3. Division managers, supervisors, and equivalent positions, consisting of those individuals designated as such in the annual salary ordinance, shall accrue annual vacation in accordance with the following schedule: Years of Employment Days of Vacation After the first 8 days of 6 months of credit continuous employment Second 6 8 days -5- Packet Page 186 of 411 months of additional continuous employment 2 years 16 days through 5 per year years 6 years 21 days through 11 per year years 12 years 22 days through 19 per year years 20 years 25 days through 24 per year years 25 years and 27 days thereafter per year 4. The police chief-,-fire-Ehi-ef and those individuals designated on the annual salary ordinance as directors shall initially accrue 22 days of vacation per year. Such accrual shall be credited on a semi-monthly basis with each employee's paycheck, except as provided above. The rate of accrual shall be reflected by a credit equal to the proportionate share of vacation earned for the period. B. Employees are encouraged to use their accumulated vacation time within the year in which it is accrued. Vacation accruals of up to effe—two year's' accumulation may be carried over from one year to the next. Em,.leyees who give aeemal at any time prior- to r-efir-emePA-. DC. Any employee whose service is honorably terminated after the completion of six months of continuous service shall be paid for any vacation time accumulated prior to the effective date of termination. [Ord. 3583 § 1, 2006; Ord. 3545 § 2, 2005; Ord. 3505 § 1, 2004; Ord. 3279 § 2, 1999; Ord. 2970 § 1, 1994; Ord. 2716, 1989]. Wes Packet Page 187 of 411 2.35.040 Compensating time. When work beyond regular hours is required of an employee of the city (excluding those employees designated as exempt from this benefit on the annual salary schedule) compensating time off may be allowed as city requirements permit, subject to the following requirements: A. Nonexempt employees, on their request and at the city's option, may be permitted to take compensating time off at the overtime rate of one and one-half times the actual overtime worked in lieu of payment; provided, that such employees may not accumulate more than 480 hours of compensating time and any compensating time off must be used within the 12-month period following the date on which overtime is earned. B. All exempt employees other than those excluded by the annual salary ordinance (see subsection E of this section) shall receive compensatory time for night meetings, emergency call outs, and other similar periods for which they are required by their supervisor to work. Compensating time shall not be earned for short extensions of regular work hours less than one hour in length, such as staying late or coming in early. Compensatory time for such exempt employees shall be earned at the straight time rate, one hour of compensatory time earned for each hour worked. The measurement of such time shall be in accordance with the mayor's administrative policies. Such exempt employees shall be allowed to accumulate up to a maximum of 480 hours of compensatory time during any calendar year. The terms of use shall be as established by the mayor's administrative policy. If an employee earns additional compensatory time after he or she has accumulated the maximum, then the employee must either be paid for the additional time or provided time off during the next pay period. C. Compensating time shall be taken at the convenience of the city. All compensating time must be recorded and then approved by the employee's supervisor and/or department head. D. Upon termination no exempt employees shall be paid for unused compensatory time , gloss time has been eamed ; exeess fthe 40 1,,,,,,.ma-xima. Nonexempt employees shall be paid for unused compensating time at one and one-half times the overtime worked. However, every effort should be made to use compensating time prior to termination. For- the ro raor of the budget year- 2004 the positions e7i"eludedbypriol- or-dinanee (prior- seetio,�• �r ECC; 24. Q4! (A)) shall not beentitle to eempeasa4ing time off-. - % - Packet Page 188 of 411 E. Employees designated as exempt from this compensating time provision shall receive a monthly salary as designated on the annual salary ordinance. Their presence or absence from the regular work schedule shall be reviewed in terms of the employee's overall performance in accordance with the mayor's administrative policies and the city personnel olp iciesmles. F. To be more competitive in the market place, the City will provide non - represented employees who are ineligible for compensatory time with 24 hours of Management Leave annually. Management Leave will have no cash -out value and will not be carried over at the end of the calendar year. [Ord. 3505 § 2, 2004; Ord. 3279 § 3, 1999; Ord. 2732 § 1, 1989; Ord. 2542, 1985; Ord. 2508, 1985; Ord. 2482, 1985; Ord. 2340, 1983; Ord. 2204 § 1, 1981; Ord. 1939, 1977; Ord. 1168 § 4, 1966]. 2.35.045 Shared leave. A. Intent. The purpose of shared leave is to permit city employees, at no additional employee cost to the city other than the administrative cost of administering the program, to come to the aid of a fellow employee who is suffering from or has an immediate family member suffering from illness, injury, impairment, physical or mental conditions which has caused, or is likely to cause, the employee to take leave without pay or to terminate his or her employment. "Immediate family" is defined as spouse, registered domestic partner, son, daughter, mother, father, and in-laws of the same degree. The personnel dir-eete cci may, but has no obligation, to approve recognition of other, significant relationships similar in nature to that of the immediate family, if the needs of the city permit. In addition to these purposes, the shared leave program may be used by employees who have been involuntarily called to military service. B. A department director, with the mayor's approval, may permit an employee to receive shared leave under this section if- 1. The employee suffers, or has an immediate family member suffering from an illness, injury, impairment or physical or mental condition, which has caused, or is likely to cause, the employee to go on leave without pay or to terminate his or her employment with the city. In addition, the shared leave program may be utilized by an employee who has been involuntarily called to active duty in the Washington National Guard, or in the Army, Navy, Air Force, Coast Guard or Marine Corps of the United States. An employee seeking to utilize the shared leave program due to an involuntary call to military service need not establish compliance with subsections (B)(2) through (4) of this section. Packet Page 189 of 411 2. The employee has depleted or will shortly deplete his or her total of accrued vacation, sick leave, compensatory time, holiday time, and/or other paid leave. 3. Prior to a request to use shared leave, the employee has abided by the sick leave policy. 4. The employee has diligently pursued and is found to be ineligible for state industrial insurance benefits or such benefits have been exhausted. 5. Use of shared leave will not significantly increase the city's costs except for those costs which would otherwise be incurred in the administration of this program and which would otherwise be incurred by the employee's department. C. The applicable department director, with the concurrence of the mayor, shall determine the amount of shared leave, if any, which an employee may receive under this section. The employee shall be required to provide appropriate medical justification and documentation both of the necessity for the leave and the time which the employee can reasonably be expected to be absent due to the condition. Shared leave shall be limited to no more than a maximum of six continuous calendar months or six months total in any five-year period and cannot be used to extend the absence of the employee beyond the post -leave time prescribed by state statute, the applicable labor agreement, or city policy. D. Shared leave shall be funded through voluntary transfers of accrued vacation and/or sick leave from other city employees to the employee approved for a shared leave. Both vacation and sick leave can be donated for a shared leave request, which has been approved due to an extraordinary/catastrophic type illness or injury. Catastrophic illnesses or injuries are those which are potentially career - ending or life -threatening. For this type of request, all donated vacation must be used prior to any use of donated sick leave. For illnesses and injuries, which are noncatastrophic in nature, only vacation leave can be donated and used. Sick leave donations are not allowed for this type of request. Co-workers who donate leave must retain a reasonable amount of accrued vacation and sick leave to protect them from a wage loss due to illness or injury and to enjoy a reasonable vacation period. When reviewing police employees, the police chief may consider holiday and compensatory time for purposes of approving shared leave requests and donations of leave time. Department directors shall not transfer any leave time in excess of the amount specified in the request. All donations shall be voluntary. The applicable department director shall determine that no significant increase in city costs will occur as a result of the transfer of leave. Packet Page 190 of 411 E. Leave may be transferred from employee(s) from one department to an employee of the same department, or, with the concurrence of both department directors, to an employee of another department. F. While an employee is on shared leave, he or she will continue to be classified as a city employee and shall receive the same treatment, in respect to salary and benefits, as the employee would otherwise receive if using vacation leave. 1. All salary benefit payments made to the employee on a shared leave shall be made by the department employing the person using the shared leave. 2. The employee's salary rate shall not change as a result of being on shared leave nor, under any circumstances, shall the total of the employee's salary and other benefits, including but not limited to state industrial insurance or any other benefit received as a result of payments by the city to an insurer, health care provider, or pension system, exceed the total of salary and benefits which the employee would have received had he or she been in a regular pay status. G. Leave shall be transferred on a dollar -for -dollar basis. The value of the leave shall be determined at the current hourly wage of the transferor and the leave available to the receiving employee shall be calculated at the receiving employee's wage. H. The per-soiaelhuman resources department shall be responsible for computing values of donated leave and shared leave, and shall also be responsible for adjusting the accrued leave balances to show the transferred leave. The ad- stfati s director human resources department shall determine the appropriate fund transfers and budget amendments as needed for city council action. Records of all leave time transferred shall be maintained in the event any unused time is returned at a later date. L The value of any leave transferred which remains unused shall be returned at its original value to the employee or employees who donated the leave. The depa .tment dire to.r- human resources department shall determine when shared leave is no longer needed. To the extent administratively feasible, the unused leave shall be returned on a pro rata basis. J. The per-seinelhuman resources department shall monitor the use of shared leave to ensure equivalent treatment for all employees of the city. Inappropriate use or treatment of the shared leave provision may result in cancellation of the donated leave or use of shared leave. [Ord. 3412 § 1, 2002; Ord. 3373 § 2, 2001; Ord. 2910 § 1, 1993; Ord. 2738 § 1, 1989]. -10- Packet Page 191 of 411 2.35.060 Sick leave. A. Represented employees accrue sick leave at the rate of and to the maximum established in the respective collective bargaining agreements. Nonrepresented employees shall accrue sick leave at the rate of one working day for each full calendar month of the employee's continuous service. The maximum amount of accrued sick leave shall not exceed 1,000 hours for such nonrepresented employees. B. Upon honorable termination, unused sick leave shall be paid to nonrepresented employees at a rate equal to one-half of the regular rate of pay at the date of termination to a maximum of 800 hours. In the event of the death of an employee, the payment for unused sick leave shall be paid to the surviving spouse or to the estate of the decedent if there is no surviving spouse. Honorable termination means resignation or lay-off due to lack of work or funding and shall not include any discharge for cause. In the event that further or conflicting terms are established by the provisions of collective bargaining agreements, such provisions shall control such payments to represented employees in accordance with their respective collective bargaining agreement. C. An employee eligible for sick leave with pay shall be granted such leave for: 1. Per-sones of physieal ineapaeity r-estinbeyead the employee's eopAfol; 1. Employee's own health condition (illness, injM, physical or mental disability, including disability due to prey or childbirth); 2. The need to care for an ill family member in accordance with the Family policy; 3. Medical or dental appointments for the employee or dependent child, provided that the employee must make a reasonable effort to schedule such appointments at times which have the least interference with the work dav: -11- Packet Page 192 of 411 4. Exposure to a contagious disease where on-the-job presence of the employ would jeopardize the health of others; 5. Use of a prescription drug„ which impairs job performance or safety; 6. Additional leave (maximum 3 days) beyond bereavement leave for a death in the immediate family to be authorized by the Department Head. D. The certificate of a physician and/or a written report concerning the need for the sick leave may be required by the city, and if so required shall be supplied by the employee in order to qualify for sick leave with pay. E. As an incentive to the appropriate use of sick leave, nonrepresented employees may earn additional leave hours on an inverse basis to the amount of sick leave used during the calendar year, in accordance with the following schedule: Hours of Sick Annual Leave Leave Used Hours Earned 0 24 8 16 16 8 24 0 Annual leave earned under this program shall be used in the calendar year in which the leave was earned. Absences compensated through the state workers' compensation illness or injury program shall not be taken into consideration when applying the eligibility standards. The leave earned shall be pro -rated to the nearest full hour on the basis of sick leave used. F. Nonrepresented employees who have accrued in excess of 800 hours of sick leave may convert the excess hours to a cash payment at the rate of three hours of sick leave for one hour of compensation at the employee's current rate of pay, up to a maximum of $1,000 per year. The human resources department shall notify the employee of his or her accrued sick leave hours with the last paycheck in August of each year. The sick leave payout shall be paid with the first paycheck in January. Employees must request the optional sick leave payout within 10 working days from the date notice of accrued sick leave was provided. -12- Packet Page 193 of 411 G. Newly hired employees who are entitled to transfer sick leave from their previous employer to the city of Edmonds pursuant to interlocal agreement, collective bargaining agreement and/or state law may transfer such sick leave banks subject to the rules set forth in this section. In addition, a transferred employee who would, under the provisions of the city's personnel policies, be required to pay back worker's compensation benefits advanced by the city and thereby restore his/her sick leave bank may exercise such rights with respect to funds received from Labor and Industries as worker's compensation within the first six months of their employment, thereby buying back sick leave which otherwise could have been transferred. [Ord. 3444 § 1, 2003; Ord. 3279 § 4, 1999; Ord. 2668 § 2, 1988; Ord. 2664 § 7, 1988; Ord. 1462, 1970; Ord. 1422, 1969; Ord. 1168 § 6, 1966]. Section 4. A new section ECC 2.35.075, entitled "Special duty pay," is hereby added to read in its entirety as follows: 2.35.075 Special Duty Pay. A. The mayor is authorized to pay any manager or director level employee special duty pay in addition to that person's regular compensation when the mayor has temporarily assigned special duties to that person. No employee may receive special duty pay for longer than one year without city council approval. "Special duties" are defined as those duties not included as "Primary Duties and Responsibilities" in the employee's official job description and not otherwise associated with the employee's position. B. Special duty pay shall consist of up to ten percent of the employee's salary at the time the special duties are assigned. The mayor is authorized to grant to each such employee up to five percent (5%) for special duty pay at the mayor's discretion, and shall be based upon the scope of the additional responsibilities identified by the mayor. If the mayor determines that special duty pay above five percent (5%) is warranted for a particular employee, the mayor will be authorized to grant up to ten percent (10%) for special duty pay upon prior approval by the City Council. -13- Packet Page 194 of 411 Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR DAVID O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. -14- Packet Page 195 of 411 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2013, 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: ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF ECC CHAPTERS 2.25, 2.30 AND 2.35 TO INCORPORATE UPDATES TO CERTAIN CITY PERSONNEL POLICIES AND TO ADD A SECTION RELATING TO SPECIAL DUTY PAY; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 12013 CITY CLERK, SANDRA S. CHASE -15- Packet Page 196 of 411 AM-5620 City Council Meeting Meeting Date: 03/26/2013 Time: 15 Minutes Submitted By: Linda Hynd Department: City Clerk's Office Review Committee: Type: Information Subject Title Quarterly Report of the Planning Board. Recommendation N/A Previous Council Action N/A Narrative Quarterly Report of the Planning Board. Inbox Mayor Finalize for Agenda Form Started By: Linda Hynd Final Approval Date: 03/22/2013 Committee Action: Information Form Review Reviewed By Date Dave Earling 03/22/2013 10:01 AM Linda Hynd 03/22/2013 10:07 AM Started On: 03/22/2013 09:55 AM 5. Packet Page 197 of 411 AM-5613 City Council Meeting Meeting Date: 03/26/2013 Time: 30 Minutes Submitted By: Linda Hynd Department: City Clerk's Office Review Committee: Type: Information Committee Action: Information Subject Title Joint Meeting with Fire District 1 Commissioners - Annual Report Recommendation No recommended actions. Previous Council Action None. Narrative Inbox Mayor Finalize for Agenda Form Started By: Linda Hynd Final Approval Date: 03/21/2013 Form Review Reviewed By Date Dave Earling 03/21/2013 12:28 PM Linda Hynd 03/21/2013 12:29 PM Started On: 03/21/2013 12:05 PM 7� Packet Page 198 of 411 AM-5581 City Council Meeting Meeting Date: 03/26/2013 Time: Submitted By: Department: 10 Minutes Jim Stevens Public Works Review Committee: Parks/Planning/Public Works Type: Action Information Subject Title Energy Savings Contract (ESCO III) 7. Committee Action: Recommend Review by Full Council Recommendation Staff recommends the Council authorize the mayor to sign the ESCO Project Contract with the Washington State Department of Enterprise Services to authorize a total maximum project cost of $758,683, and the grant agreement that forms part of this contract with the Washington State Department of Commerce for $187,556. Previous Council Action At committee meetings on February 12, 2013, both the Finance and PPP Committees were provided information about the City taking steps to acquire the Department of Commerce grant and to embark on a new ESCO project. At the March 12, 2013, PPP Committee meeting, staff received approval to move the agenda item forward for review by the entire Council to authorize the mayor to sign these project agreements. Narrative Beginning in the summer of 2012, City staff investigated the expected benefits of a third round of energy efficiency upgrades for general City facilities. At that time, it was also envisioned that such a project, unlike past instances, could integrate the Waste Water Treatment Plant, as well as other departments, which had not been directly engaged in the original two projects completed in 2006 and 2008. These two previous efforts, as well as several others performed exclusively at the Treatment Plant, all employed a State of Washington process designated as Energy Savings Contracting (ESCO). Each of these projects has produced appreciable utility savings. For example, the Edmonds Library achieved a substantial decrease in electrical usage, dropping nearly 50% in comparing 2004 data with its post -project consumption in 2006. This ESCO process uses firms pre -approved by the state to perform investment -grade audits of proposed measures with the goals of reducing consumption and paying back project costs. This is realized through a combination of grants and yearly savings on utility bills. The same firm which performs the audit then acts as the general contractor for the project itself. The ESCO firm also guarantees the calculated energy savings at 90% of the estimated value, or is on the hook to make up the difference, so savings are extremely likely to accrue at the full amount estimated. Packet Page 199 of 411 In mid -January of this year, the City of Edmonds completed an investment grade audit, through Ameresco Quantum, looking at options to increase energy efficiency across City operations. From this audit came a series of recommended actions encompassing work in both general fund and utilities -related facilities. The total maximum value of this project is set at $758,683, including sales tax. The project is predicated on obtaining grants from the Department of Commerce for $187,566 (1:3 funding match), and from the PUD and PSE for $60,376 (based on energy saved). The City already has grant letters in hand from the utilities to support their contributions. On March 13, 2013, the Department of Commerce announced the award of its grant to the City. In order to qualify for the Commerce grant, a project needed a simple payback period between 20 and 25 years. The view was that projects that recouped expenditures in shorter periods should already be on the agency's own dime. The proposal put forward by the City leveraged two important facets to meet this criterion successfully. Both pieces are immediately and essentially important to the function of our facilities, and each would otherwise have needed to be done anyway, with or without the advantage of grant funding. Also, both these parts of the work have very long return periods that pull the overall proposal into the desired range for simple payback. The first of these was the replacement of the 1972 hot water boiler at Yost Pool. Now past a half century of service, this essential equipment is in dire need of retirement. The second was the replacement of the five rooftop heating units at the Edmonds Senior Center, which are all on their last legs because of the toll taken by the Center's harsh salt air environment. The expectation is also that these replacements will continue to return value to the City well in excess of 20 years, so they are welcome pieces to add to this project. Subtracting the value of all the grants leaves a remainder of $502,326 to complete the funding of the project. Of this sum, the City is planning to contribute $222,150 in cash, with the remainder ($280,176) financed through a low -interest, 10-year State Treasury loan. For the cash, the City utilities will fully pay that share of project costs incurred by work in Old Public Works, Public Works, and the Waste Water Treatment Plant. This means that they will contribute $74,331 in cash to account for all measures completed at these facilities. The Parks Department has already set aside $120,000 to fund the sorely needed boiler replacement at Yost Pool. The total of these two cash contributions leaves an additional $27,819 to be required from the general fund in order to meet the up -front payment of $222,150 as detailed in the agenda item attachment covering the project financials. The attachment detailing Project Cash Flow shows estimated savings pushing the bottom line positive within six years, despite the 10-year payback schedule for the loan from the treasury. This is the result of authorizing the investment today of roughly an additional $28,000 of general fund money to move this project forward. Because the City has the ability to leverage an additional amount of funding totaling nearly a quarter -million dollars to do significant equipment replacement that must be done in any case, because there are currently ample opportunities to reduce expenditures and improve facilities through maturing technologies, and because Edmonds believes energy efficiency is the right thing to do for our planet and the responsible thing to do for our citizens, City staff recommends that the Council authorize the mayor to sign both the contracts with the Department of Commerce for its grant to the City and with the Department of Enterprise Services for the ESCO III Project. Fiscal Impact Fiscal Year: 2013 Revenue: Packet Page 200 of 411 Expenditure: $27,819 Fiscal Impact: This addition to the funding for the ESCO III Project will bring the total cash contributed by the City to the sum of $222,150 as detailed in the narrative information and shown on the agenda item attachments. Recommended Measures Project Financials Project Cash Flow ESCO PowerPoint Inbox Reviewed By Public Works Kody McConnell Finance Ronald Cone City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Jim Stevens Final Approval Date: 03/21/2013 Attachments Form Review Date 03/15/2013 08:06 AM 03/15/2013 09:50 AM 03/18/2013 11:12 AM 03/21/2013 11:07 AM 03/21/2013 12:16 PM Started On: 03/13/2013 11:44 AM Packet Page 201 of 411 AMERESCO Zi QUANTU' mesa.... c - . Project City of Edmonds - ESCo Ph$ Measure: Selected Options Date: January 15.2013 � ECM CdneNedon Measure se uscMot ,.„,e. Ws, .. Electric •. Gas, TotalR ebua as usa - slectrl, - _ rGasa -� Electric - ._ rises _ Tabl vnnuer aewnp elaCde iviemer Gas &,sauce+ nnssrar Mab7t. uow/mail Coat we,mtye caborlmirel — a P.yb.rk Wmm us Dsrrrmd w Conme ma Demand consumer Demand n We Cast Cost Cast IJ Cat Cat [at SrAnp Savings Sahys v Cost kWh kw ( —11 S S 5 kWh kW E S $ k1aA lost(rhas.4 S S S S Canaerwilon idesauns YeaCOE-L1 Ughong Replacement (Exterior Street Lights). This measure will retrofit and replace the existing HID exterior street pat top fixtures with new LED street post top fixture 41985 9283 59 1 $855 29710 308 MSfiB0 5138 $31542 11- Ya COE-1_2 Lighting Replacement (School Flashing Signal Lights): This measure will replace -the fiaahing lights with stand alone solar powered models, 4 Locations. $720 $14520 $14520 20-17 Clfy Hall tartd parking oarepe) Mechanical Conmervadon Aeeasures No CH-M1 Sen'er Room Cooling: This measure will retrofit the existing server room system with economizer cooling capability or replace system with new back up No CH-M2 Elevator. This measure will investigate and propose eolutions to the the stack effect problems in the elevator ! i�lrraenyEreq illayuras LEgm 3W RevoM and tlpgtsdEa iUOMr Ronk - Controls); Trva maaevre will roaoet me exstng threwamp fodures with nay Moiamp Soffer kils WEBS reflector and program start Yea CH-L1 tlaLm T11a mamma w+fm kuFiAknp a ssgbdng control system to regulate light operation and reduce energy uopgo moudmg: ^u:uyni�yxiiw,ne)•vv''Dot '!.Y'.ofYll4Eufaa - Daylighting sensor(a) 67,96 1 $5 281 S3.1Q7 $3 107 27 983 $2174 $347 $37 013 -796 $31 17 1238 Lighting Upgrade (Exterior- Parking): This measure will retrofit and replace the exterior Yes CH-12 lighting systems inducting the parking lot and parking garage The parking garage will be rehofitwi h new, T-8 vapor tight fixtures The remaining exterior wall packs and pole lights will be replaced with new LED 9xbrres. 12076 CJB II038 3.sssl 17T7 5277 8570 $661 $174 S9310 $1729 $7581 8-78 OenavrVf Elora Mlltllla'es No CH-37 Window Replacement: This measure will replace windows with broken seals with new double Paned models Frar3oes Anderson Oorder Waaursa Steam System Replacement This measure wit replace the steam radiators in older portions No FACaJ1a of the budpumps ding with vertical classroom heat and install a rooftop heat pump of the admin area only Alternative options for investigation include targeted stand alone HVAC Units with early boyer shutdown or a Variable Refrigerant system No FAC-M76 Admin HVAC: This measure will replace the existing hot water radiators in the dmin was with rooftop heat pumps No FAC-M2 Steam Trap Audit This measure will initiate a Mara trap audit to access trap operation and System loess CtwarraCan ✓Itihaerasa Yes FACL1 Lighting Upgrades (Extdor-Gymnasium)'. This measure will retrofit and replacathe exterior lighting systems with new LED fibres This measure will also replace the (28) existing 6lamp gym Mws. with (56) new 3lamp future and incorporate occupancy sensor control 271 107 SZ107 1 194 11.191 41.191 4 27 $156 $16,444 S277B $13666 1263 1/rdPfyddls CArhkrertla Mochna0.til[onaw-dart ifssaser Controls Upgrade: This measure wtil Install an energy management "am with dial -in Y. MC_M1 access, nigh setback, optimized sort, scheduling, add control for baseboard heaters, to Auditing for this measure will include phone Fine sharing issue - 2226 2024 173 2.010 $ 1B3 1096 1.655 M S11543$1- 26 1.130 3@B E46d S5-723 E16dp $d-0e3 I 6.99 CWurradarr adaasulrs Yea MCL7 Ughhn9 Upgrade (Exterior): This measure will replace the existing HID exterior lighting fodura with new LED ficd.ra 2J47 774 $175 679 $49 S48 1 83d E727 $20 12 OAe $378 $7 732 11.81 'Old' Pub11c Works Mar' W Cana, hor, alaasursa Control. Upgrade: Incorporate push button oveddle controls to the existing EMS (Archives) Ya OPW-M1 to setback temperature during unoocupiedtimes Sequence revisions in the"Players Area" to incorporate reeiderbal mode 757 772 JFG1 ffi351 $1,330 $3 BS $4,415 183B 491 $1936 $ 310 $1817 $693 0-38 WE .AMERESCO 4 QUANTUM Project: City of Edmonds - ESCo Ph3 Measure: Selected Options Date: January 16, 21173 aaM s I Con-niation Mearae yeetr:n! Ws ElacUl< Gas Total Uw-Dacutc Ws Elaabk Ws Tool ilaaSc Ws pswnx MaNC Cast IncerNye ta6ar/M Carteaae Demand Use Cast fart Cat Camuma Demand U. Cart Cast Cat Consume OarrroM $arlrWf Saylrrp 4avin� Cast kWh kW {7lrums) S s S kWh iris M-1 s S S kWh kW 171rsrrrlfl S s f s LW*V Upgm6a SEassnar- ftional This measure will replace the existing HID exterior and 0PW-L7 pMdwlg la lghdfp hlauaa lytll saw LEIIt[m[es TM manure lnoelda upgFadAgs Fold Genresm rife Flsnrlg flu Rating LoL 14,213 7104 $1704 3148 5245 11,054 FNo BMrwd COMWVMd*A ellpfalrs OPWG1 Submeter This measure wll install a submeter to capture the energy use of the Arts Works and Players portions of the faclkty. Review Control Savings First No OpyyG2 Insulation: This menu re will upgrade the Insulation in the archive room to reduce heating demand. Revew Control Savings First. Public Library and Plena Room Mechanical Consaryarlon Me — No PL-M1 Rooftop Unite: This measure wil replace the edsting rooftop un05 with new modso, and Incorporate occupancy and CO2 demand ventilation controls Consaryatkan slimttnalr Lighting Upgrades (Exterior- Parking): This measure will retrofit and replace the a asting HID Yes PL-L1 exterior lighting futures, including the parking lot and parking garage, with new lloureecern and LED Tenure 33,179 7 f2 S76 107da $635 $&% 22434 nJarlM/y COyrOa�yarmrl AhrMMYlaarf No PL-G1 Library Window Replacement This measure wit replace windows with broken seals with new double paned models No PL-G2 Plaza Room Window Replacement This measure will replace windows with broken seals with new double paned models Puo& adisky rt9r� Nochmeoal Cai"Mm4ticn Yes PSC-M1 Controls Upgrade: This measure will upgrade the mdsting controls to incorporate CO2 and VFD control 906 706 2,785, 33d82 7 1 13 WN Z1.204 41-11131 1 No PSC-M2 Controls Upgrade: This meeswaslw upgrade Me .lift gcmPrals to SACtalk wmmis Lbnsaryatlart MlYrts Pe Yes PSC-U Lighting Retrofit (interior): This measure will retrofit and replace the etdsfing interior HID Todums with new LED fixturea, and incorporate occupancy eenew control for existing interlor Uoureecent Podures 9703 7541 5754 U81 83 =8 M 3341 6743 -33 Lighting Retrofit (exterior): This messure will retroftand replace the existing HID a "dor Yea PSC-1-2 lighting fbdrrem with new compact Tourecent and LED fixtures 3a537 2.373 W373 Iffa $adz S507 22719 GOMMIt Conservation Msratar No PSCG1 Weather Stripping: This measure will Insist weather stripping on 2 entry doors P�tWIC 171ertka OiYi.CM�T u�•A••• .r CaaswaasnlT Control. Upgrade: This measure will upgrade and expand the DDC energy management system for optimized HVAC control including: No PWJd1 - Up grading the hardware to&4Ctalk wmpaUble systems on locker rooms and cnnferenceeibmry HVAC controls - Occupancy sensing to setback and turn off HVAC equipment for 3 systems { brery/conference, kitchen area and locker roomspvhen the apace is unoccupied' Lighting Retrofit and Control System (Interior) This measure will retrofit the existing fndures Yes PW-L1 32wcSbvureacere U%irawm 26 wait4mpa end prppra start balms. nasmeaauraWE also incorporate eccu p+icy ease wmCol 1 771 $771 4,691 43 $365 S43 $407 5230 -03 Yea PWL2 Lighting Retrofit Interior and perking): This measure will replace the existing HID exterior and parking fighting foQures with new compact Toumacent and LED hMure. 57a 2,764 $2,764 12,4511 $g68 Sg6B 23 722 I 1 Ir""erafi°^e"'aa°""'ae1f"e 1 I I I 1 i M I I I I 1 1 1 I I 203 Project: City of Edmonds - ESCo Phi Measure: Selected Options Data: January 15. 2013 �wrr;<a rlrrmt �wr R ....e,e ..an.nr rwm o—w -. •Gaaa McDs W ECM Conaervedon Measure Ell Gu EIu.Mc Gas Toth Use-Eleeale Gat Eh.Mc Total trte Gess A —a Writ. . Cost In (+tar/++I . Pyha Ua Can [on Cmt Use Con Cart Con Saatnp Savinp Sevinp Coat Consume Berrrarrd Comtmle icarnand C__ Demand keM kw ftlrsnrrq S S S trwh kW 111-1 S S S kWh WIN Maend 5 S S 8 No PW-G1 Insulated Door(a): This measure will insulate or replace the existing door in the public works and fleet areas with insulated models to reduce shell lose. Wridlow, Replacement This measure will replace windows with broken seals with new double No PWG2 paned models. Yost Pool llbeherrlaal Calrarraamrl Slaanaea Boiler Replacement (Yon Poolk This measure will replace the existing steam boilerwim a Yea Yi new high efficiency hotwater condensing boiler The existing steam -to -hot water converters will also be replaced with water -to -water rvnveners, Ifl,3M ISMS We= 7 049 1 $11985 $11.965 1 4303 54273 S162225 1 $12,842, $149,593 35-00 1?pnaenaa>!4[t f 1arM[lra Yee YP42 Lighting Retrofit (Exterior -Yon Pooq: This measure will replace the existing HID exterior fb"—with new LED fixtures, 29 307 2277 S= 7 309 5569 $569 21.979 1 708 S125 16 7 $10 263 560 RMU M 1AamY anld Cartla W t L7 Co .—dlon Measures Yea SCP�1 Lighting Retrofit (Exterior - City Park): This measure will replace the exterior roadway futures with new LED fixtures 8 0 31 $316 1.857 5144 144 172 $52 1104 S470 $3 394 15-15 YellSCp-L2 Lighting Retrofit (Exterior- Cemetery): This measure will replace the exhaling HID well packs with new LED wag packs 470 Si 121 9 $9 348 t3 911 73 38 20-65 ISJrlsa11�i11Pn iga/Yrns Irrigation to Battery Power. This measure would put the Irrigation timers on battery power to YeaSCPG7 eliminate the power meter fees. (-2 locations) $360 $1240 S1240 346 Sewer lUlt Stations Rrachardaw ConsaN lion Meatus No SLS-Mt Pumps: This measure will optim¢e or replace the pampa at selected sewer lift stations South Corral Sedor CJlnmr Ladslaat"e f!•IYsmNr aI, No SCJ41 Fuel Switch: This measure will change the kitchen domestic water heater togas Rooftop Gas Packs: This measure will replace the failing existing gas packs and gas fumacee Ya SC-M2 with new gas packs and gas furnaces This measure will also incorporate occupancyand CO2 demand venblation controls 18 t27 7108 1.25 7057 $B 310 16127 S1 1qd 53122 U0,010 $d-W $75 453 2417 Lbftw Coaaw vdan igoeatalee Yea SC-L1 Lighting Retrofit and Replacement (Exterior): This measure will retroM and replace the exiabng HID exterior fixtures with new CFL and LED fixtures 10-622 825 tau 9 $283 5263 7231 $562 5109 Sfi 476 $1 530 56-948 1036 Vanwardw Treahnard Plard illodmi Yoal co s aGon rfgaaassee Yea VJWTP-M1 Shop Heating: This menu reWit install a programoble themroetat to reduce fen runtime only S $1037 2 $518 5518 88 111 $2625 $687 $1958 378 Water Feature Control: This measure will schedule the water feature pump to shut off during Ya —P-M2 oveml0ht permde 61,740 d-797 54797 61180 53-798 53196 70.560 E1.599 $13, 125 $2-058 511067 4.92 Temfa- 31 885 E o43 $ 31 C�2 S 705 204.878 082 S 15 9.fr S 21 A S 37 82$ W 8823 $ 28 678 $2-242 S *sr. - 8 6t1. 9 s 18.5 g loyal Mechanical S . - 71 l 1'v,74a .ia,00c f de,wa VG.—MI 2 , i 6, i 2 . - i �e.een w,254 -v,eYu i i3,ara f -s iraa7a i io,i50 i Total Water - S - f f - - - i - S - f - - i f- f S $> ,Total 1.Total LiohUno rat 287,ODE - - - - S 22�00 E - f - - $ 22,300 - 114.370 - 78 - $ 8,925 - S 75 $ $ 9,001 f 172,133 - - - l78} - E 13,298 S - $1.582 35040 S 183.152 f 34.218 S 93696E 397A 34 Total Check tobls Motcla 425,27D 11,8ES f 33,0R1 $ 31,652 f !L795 204,873 22.002 f 1A019 5 31,W$ S 37.825 220-351 PM3 E 20 Wit fL242 S 457AS4 E W M S 8E .36. 3 of AMERESCO 4 QUANTUM Project Name: City of Edmonds - ESCo Ph3 January 15, 2013 I. PROJECT COSTS & ENERGY SAVINGS FOR SELECTED OPTIONS PROJECT COSTS Mach, Water, General Lighting Total Project costs Engineering Audit Estimated Labor and Material Cost $ 14,950 $ $ $ 457,864 27,471 $ 274,713 $ 183,152 M. W,G Design 0-10.0% of Labor ,& Material $ 27,471 LWhting Design 6.0% of Labor & Material Conslructon e_ t 6.0% of Labor & Material _ $ 15,483 $; 10.989 $ 10,989 $ 10.989 $ 27,472 Bonding 2.0% of Labor & Material $ 5,494 $ 3,663 $ 9,157 ESCO overhead and profit @ 18.0% of Labor & Material $ 49,448 If 32,961 $ 82,416 Subtotal: $ 388,559 $ 241,760 $ 630319 Construction contingency 5.096 of CC $ 13,7_36 $ 9,158 $ 22,893 . Subtotal - MaxtmuM ftqhsLCqW. Fat. Sates Tax g 9.5% of Maximum Project Cost Additional 2 Years of M&V - Ameresc_a lus sales tax Additional 2 Years of M&V - DES DES PManaqatnent Fees $ 402.295 $ 250,918 $ 653,213 $ 38,218 $ 23,837 $ 62,055 $ 4,415. $ 4,000 $ 35 000 TOTAL PROJECT PRICE: $ 440,513 : 274,755 $ 758,683 Estimated Utility Incentive $ 26.160 $ 34,216 J $ 60,376 Commerce Grant Rem $ 187,566 Estimated Client Net Cost iexcludi add'tl years M& $ 502,326 yment of Non -State Dollars Client initial cash pa $ 222 150 Client WOW cash. ent of Slate Dollars Amount to be financed by client: Year 2 Estimated Cash Flow: $ - $ 280178 $ $ 5,703) (8,658) Year 4 Cash Flow Fused on Guaranteed -Energy Savings (90%j, ECONOMiC ASSUMPTIONS Interest Rate : 2.00% Financin Term: 10 years Payments/year: 2 Inflation Rate: 3.50% Est Annual Rate of Energi Increases: 1.50% Savings Guarantee: 90% N_PV life: iS_years Client Discount Rate: 5% Estimated Net Present Value: (147,955 OSPI /Commerce Metrics Commerce Metrics Leverage Ratio: 3.00 Maint. Savings: $ 2,242 Sim 1e Payback:_23-93 ANNUAL ENERGY SAVINGS Mechanical Water Linhting General Total Electrical Savings (kWh Electrical Savings (W Nat Gas Savings(Therm) Oil (DESI) 48,254 0 9,899 0 0 172,133 0 220 387 0 0 0 0 0 -76 0 9 823 0 0 0 0 Propane (DESK 0 0 0 00 Water Savings CCF _ 0 0 0 0 0 $ Saved $ 13 579 $ $ 13,299 $ 26 878 TWMA.rm VaWc n 3.16 Annua Sv $ 17,124 $ 9,754 $ $ 26 878 1af1 Packet Page 205 of 411 If. PROJECT CASH FLOW FOR SELECTED OPTIONS PROJECT SAVINGS BASED ON ESTIMATED ENERGY SAYINGS 1100%1 Year eadfeg Rafanllca yaw 20i3 0 2014 1 io2 2 2016 3 2017 4 701E 5 2959 6 2020 7 2D73 11 ton 9 wn 2x4 2(175 2M t0 I1 12 13 z027 ti 242E 25 2a23 26 2930 17 70n 18 2092 70" 19 20 Mx2lanlcet Gxwal, and Wsl4r aaY a S 13,679 S 18.783 S 1S,990 S 16190 S 1012 3 rAAQ9 S Id" S 15,071 S 15,28T S 15,526 S 15,759 S 15,996 S 16,2M S 16,479 a le.72$ S 16,977 S 17= S 1iAQ0 S 17,753 S 16.79 LbM9w8. M2M 1. S 13MS T 4K 5 1 LM S :707 $ 14.115 5 14S 14S42 S +4,780 S fa S +S2M L 15434 S +55p6 S 75 i07 i 16.7� 5 16,36f SAS t8d�77 i 17.136 S 17,587 S 17,047 L Mr16wwlsa 4 f +m S l910 S IAW 6 IM S 1.w 3a s x057 $ uw S 217D s 2151 6 7,1E4 a 7,210 $_7�'A S 2.283 S 23t 2,497 GAer 11whmle•SPANP s s 3e0 S w, s 371 S 9F6 $ 30 $ 380 $ 394 $ 409 4 AM s 412 s 416 $ A24 4 435 S 437 S 443 S A50 $ 07 3 "A a 01 s A,a Total : s S 24.720 S 29-W S X000 S 30.450 S 30AW S 3tVl S 31,841 S U110 $ 32,804 $ 31M $ W,795 S 34= $ 34.017 S W_'M i 25.SW $ MoMT S 36,95E S 37.507 $ 38,07D 5 38.841 Cumuli we SWIIVK. s S 29-M S 58577 S $6.877 $ 11A127 s ISR034 $ 1614pS S Z':,Q 6 $ 245.M5 $ 27 XG S 311 RM 5345.458 5379.TET S 414An S 916 $ 465,766 S 5MM $ 559145 $ 596.852 $ 837772 $ a7 ,M 37RC1MFC7 SE.1f MnA PRFE] Ali! C.710f "*rFF t7 ENF RGY C;&MhlG4 MAS9L 7'esrend =3 U14 MLS 2016 2M7 2046 71f4 20z0 =1 xu zw 202A z0z5 2166 z032 29z$ 2Al9 2730 zQ31 2932 M (AerAfa f4eeRsl sad llpd+asrl L S 1 $ IZI05 S IZ$RI $ 17760 $ 12.971 S 13,18a S 13 as3 S 13,584 $ 1 747 S 33,974 5 14.163 a t 3W $ 14,612 s MA3i S 16_W S 15270 $ 16.509 a 1574, S 15.977 5 113V7 Lkrhft ' $ S 11,ip9 5 M1 0 s 12MI $ 1z5ts s IZ704 $ 12,Sa4 $ 13,0M $ 13,284 s 13,493 S 13rM $ 13,631 S 14,D66 $ 14311 3 14,525 S 14.743 S $4,09 S 15,189 S I5AIT S +5,84s S 16AO WlMnpmae s S IM $ !m $ 1744 s 7T77 $ 17i7 $ IA24 $ 1552 $ 1,aR $ 1,968 $ 163t1 S 1,965 S 1.11➢5 S 2.025 S 20F5 S YAKS $ 2,IV S 7,147 $ Z161 $ 2.2T4 t 2.247 {,rear l4skllsnanaie s S 324 S 3M S 334 S 332 $ 34A 3 3w $ 354 $ 3M 5 365 S Vil S 376 S 382 S 39F $ 393 S 39 i AM S All 5 Ali 5 424 S 43ED Todd s S m S 26 1 S 27M S VA05 3 27,815 S ZLZK S 28$57 $ 28087 S 79523 s 29,9M $ 30410 S M.M S 31335 7 St $ 32,782 S 377M $ 3A� S 33.757 S 34283 S 34.777 Camuhtlw SaW a S 26,20$ S 52.809 S 79.Wil S 1W.215 5 +35.001 S In265 a 191,922 S 821." s =.532 5 2M.498 53!c.9+3 S341.735 $ "-120 S a04.325 $ 437.207 $ 469.97S 5 50=1 S S59.297 $ 571250 S s06,027 ANNUAL PROJECT COSTS AmouMFlnanced: S (280,1781 CsahMnM S 7 Iwo yosrondftj 203d 2914 2015 zMa i917 zow 3D39 20M =3 2M 21323 20M 2025 20M z027 202E 2M9 2030 2031 2f432 z033 Annul Flnpncm9 Lwd $ cv.o5z 5 f31,D57] s (350z1 S ;s1,o5Z} $ n31,05Q) 5 1E1,0521 S 15t,052n S (31,0521 $ (31,0521 S (31. S a $ 6 S S S a $ S AG Tee Su , ardMwwftwftft $ S Q2M S 20 S S $ S S S E S S $ S S S S $ S S $ oes r.n:n sa a1kx+ s a 2.69w a v66(s s a $ a $ s s s s s s s s s $ : s ron3 Annual Cwb m L'04n( $RMISM S 03MM i O&M S p1jMj s 131AM $ WN0 S + Am $ P1.0m $ 039,DFA s (31,D61 S IMAM S 4 S f S S $ $ $ s MCT A1616111A1 rhQL! CS r%W WLCal C(a]An1r_1Mr_ I20z3 lFrT- yearencilIVI 2013 2034 2015 21116 2017 2018 2019 2020 2021 2022 2023 7024 2025 2026 2027 ZOzB 2029 2030 2031 2032 N!3 Cash Flow from Estimated Energy Savings .. .. _(wtih Inflation $ (222,150) $ (6,139) S (5,703) S (1,052) $ (002) $ (145) $ 319 $ 789 $ 1,267 $ 1,751 $ 2,244 $ 33,795 $ 34,302 S 34,817 $ 35,339 S 35,869 $ 36,407 $ 36,953 S 37,507 $ 38,070 S 38,041 Cumulative 5 0216M S OU M S 1230.%Z S (2 044) S MSS46] S M.7911 S f23 AM $ MM.863) 3 (IT3,41.71 $ (z31,685) 5 (229,A221 a MON pV/Is4e'S1126,508) S (91,1e6l S i55.3001 S (16.604) S 16p59 S $S,W S 93,636 S 192277 Cash Flow from Guaranteed Energy Savings wlth inflation $ (222,150) S (9,051) $ (8,658) $ (4,052) $ (3,847) $ (3,236) $ (2,819) $ (2,395) $ (1,965) $ (1,529) $ (1,086) S 30,416 $ 30,872 $ 31,335 $ 31,805 $ 32,282 S 32,788 S 33,258 $ 33,757 $ 34,263 $ 34,777 Cwnulathm S I2$.1SD] S (231") $ fT OD1 S pW,e121 S ($47,5661 S 9z50.7943 $ (759,61:9 5 =0M] $ f257.f773} S (259,502] S (z6o,59$] 4MMVM ss4assM S (187.7a6) 5 (1%1611 $ (%aVa) S (71,t IM S [37$rYS1 S (4.0991 S 30184 S 84.941 in ESCO III Information Increasing our City's energy efficiency Packet Page 207 of 411 What is the ESCO Process? • Established by the S for agency usage gT"TE Washington State Department of Energy Savings 'r. Enterprise Services Performanceld ,{ ,ass Energy Program C t• • Department of Enterprise T Services • Streamlined selection of engineering firm • Investment grade audit • Guaranteed energy savings • Same firm performs audit and acts as general contractor `nC. 1sC)'i on rac ing Saving Facility Resources Packet Page 208 of 411 What has Edmonds done.? City of Edmonds Library Electrical Usage and Demand 100.000 90.000 80.000 70.000 6Q.000 _ 50.000 a, 40.000 0 30.000 20,000 10.000 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Date 111111111111111111112004 kWh 111111111111111111112006 kWh +2004 kW A 2006 kW 160 140 120 100 Y 80 R E 60 40 20 0 Packet Page 209 of 411 I • Brought new heat pumps to the ., • Added digital control system to worn-out pneumatics at Library New generator for City Hall • Replaced HVAC sy City Hall stem components at I kh • Installed digital controls to enable HV C remote scheduling at City Hall r rf *j Packet Page 210 of 411 What will be ESCO III? (Part • Conversion LED of decorative street lamps to • Conversion of virtually all and yards to LED lighting F, City parking lots Interior occupancy sensors for buildings Replacement of Yost boiler • Replacement of 5 Center heating units at Senior • HVAC upgrade for Council Chambers Packet Page 212 of 411 What will be ESCO III? (Cont.) • Add itional controls upgrades ^tl • Heating and water eat' ure�control at th WWT Leverages $187,,586 grant from DO�d Ll Ll Leverages $60,_476 grants from PUD and PSE Positive cash flo'w�Fn' Packet Page 213 of 411 Snapshot of ESCO III Cash Flow ANNUAL PROJECT COSTS Amount Financed: $ (280,176) Cash Payment: $ (222,150) Year ending 2013 2014 2015 2016 2017 2018 2019 2020 2021 Annual Financing Costs $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) AQTech Support and Monitoring $ - $ (2,207) $ (2,207) $ - $ - $ - $ - $ - $ - DES Tech Support & Monitoring $ $ (2,000) $ (2,000) $ $ $ $ $ $ Total Annual Costs to Client $ (222,150) $ (35,259) $ (35,259) $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) $ (31,052) NET ANNUAL CASH FLOW WHEN FINANCING PROJECT: Year ending 2013 2014 2015 2016 2017 2018 2019 2020 2021 Cash Flow from Estimated Energy Savings $ (222,150) $ (6,139) $ (5,703) $ (1,052) $ (602) $ (145) $ 319 $ 789 $ 1,267 (with inflation) Cumulative $ (222,150) $ (228,289) $ (233,992) $ (235,044) $ (235,646) $ (235,791) $ (235,472) $ (234,683) $ (233,417) Cash Flow from Guaranteed Energy Savings $ (222,150) $ (9,051) $ (8,658) $ (4,052) $ (3,647) $ (3,236) $ (2,819) $ (2,395) $ (1,965) (with inflation) Cumulative $ (222,150) $ (231,201) $ (239,860) $ (243,912) $ (247,558) $ (250,794) $ (253,613) $ (256,008) $ (257,973) Packet Page 214 of 411 Questions? Packet Page 215 of 411 AM-5611 City Council Meeting Meeting Date: 03/26/2013 Time: 60 Minutes Submitted By: Kernen Lien Department: Planning Committee: Tvue: Information Information Subject Title Discussion: Shoreline Master Program Update Recommendation Continue review of the Shoreline Master Program Previous Council Action The City Council heard a brief introduction to the Shoreline Master Program at the December 4, 2012 council meeting. The December 4, 2012 introduction focused the Shoreline Master Program applied to the Harbor Square property. Council continued review of the SMP at the February 26, 2013 meeting with a broader overvic the SMP update. Narrative At this work session staff will provide an in depth review the three Urban Mixed Use shoreline environments (ECDC 24.30.070) as well as the Shoreline Developme in ECDC 24.40.080 and the Shoreline Bulk and Dimensional Standards (setbacks) in ECDC 24.40.090. In 2003, the state issued a comprehensive set of guidelines addressing requirements for local Shoreline Master Programs, which are contained in Chapter 173-26 oft] Washington Administrative Codes (WAC). Legislation requires that the City of Edmonds and other municipalities update their Shoreline Master Programs to be cons with the new guidelines and changes to the Shoreline Management Act (RCW 90.58). The City of Edmonds began this update in 2006 when it applied for and was awarded a grant from the Washington State Department of Ecology. The City contracted services of Reid Middleton with grant monies and formed a Citizens Technical Advisory Committee (TAC). Between 2006 and 2008, Reid Middleton, working with TAC, reviewed and updated the City's shoreline goals and policies. The TAC also reviewed updated shoreline environmental designations and the draft Shoreline In-, and Characterization and Shoreline Restoration Plan. City staff picked up the work completed by Reid Middleton and the TAC and drafted shoreline development rep consistent with the new state guidelines. These draft regulations in a new Title 24 of the Edmonds Community Development Code underwent several iterations and r, with the Washington State Department of Ecology. With tentative approval from the Department of Ecology on the draft regulations, the City of Edmonds Planning 1 began reviewing the SMP update. Over the last year and a half of review with the Planning Board has made a number of changes to the draft SMP regulations. Attacl is the draft SMP regulations in Title 24 of the ECDC. The redline/strikeout in this draft are the changes the Planning Board has made to this document during its revil The Shoreline Master Program (SMP) applies to shorelines within the City and establishes development standards for shoreline development. The shoreline areas wit City of Edmonds jurisdiction include Puget Sound, Lake Ballinger, and the tidally influenced portions of the Edmonds Marsh. Shoreline Jurisdiction also applies to u areas within 200 feet of the shoreline edge (ordinary high water mark) and associated wetlands. A major change in the shoreline jurisdiction with this update is that tl influenced portions of Edmonds Marsh are being considered a shoreline as opposed to an associated wetland, which means that shoreline jurisdiction extends 200 fee the marsh boundary into Harbor Square and the old UNOCAL site south of the marsh. The Shoreline Master Programs consists of a number of related documents which are included as attachments and explained below. Each of these documents were p as exhibits to the December 4, 2012 and the February 26, 2013 agenda memorandums. Only the SMP Draft Regulations and Shoreline Maps are included with this a memorandum: Exhibit 1: SMP Draft Regulations - Title 24 Edmonds Community Development Code Title 24 of the Edmonds Community Development Code contains the regulations and standards for shoreline uses and modification within in the City's shoreline juri; Title 24 is divided into ten parts, consistent with the material to be included within a master program as established in Chapter 173-26 WAC. In addition to regulation development and modifications within shoreline jurisdiction, Title 24 also contains policies for Edmonds' shoreline jurisdiction that were developed by the Citizens I Advisory Committee and administrative provisions for shoreline permitting. Exhibits 2 - 5: Shoreline Jurisdiction and Shoreline Environmental Designation Maps The attached maps show the City's shoreline jurisdiction and the shoreline environmental designations of the various shoreline areas with the City. Local government required to develop and assign a land use categorization system of shoreline areas as a basis for effective Shoreline Master Programs. The intent of designating shore environment is to encourage development that will enhance the present or desired character the shoreline. To accomplish this, segments of the shoreline are given an environment designation based on existing development patterns, natural capabilities and limitations, and the aspiration of the local community. Descriptions of the s environments are contained within Part III of the regulations linked above (ECDC 24.40.000 through ECDC 24.30.080). A major change over the shoreline jurisdiction identified in the current SMP, is that the tidally influenced portions of the Edmonds Marsh (roughly the western half o marsh west of SR 104) is now considered a shoreline of the state, which means that shoreline jurisdiction extends 200 feet beyond that portion of the marsh. As a rest new Urban Mixed Use III environment is proposed to accommodate development that may occur at Harbor Square and the old UNOCAL site south of the marsh. Th: environment also applies to the property on the west side of Sunset Avenue between Main and Bell Streets. The main difference between this environment and the of Urban Mixed Use environments is that Urban Mixed Use III would allow for residential development. Shoreline Inventory and Characterization The purpose of the Shoreline Inventory and Characterization Report is to document baseline environmental conditions in the shoreline jurisdiction of the City of Edn This inventory and characterization provides a basis for updating the City's Shoreline Master Program. The inventory and characterization helps the City to evaluate ecological functions and values of natural resources in its shoreline jurisdiction, and explore opportunities for conservation and restoration. Packet Page 216 of 411 on how w of or Table ie ;istent Ithe the ,entory ;ulations eview 3oard anent 1 ew. bin the ipland ie tidally ,t beyond rovided genda 3diction. is for Iechnical s are line horeline ,f the alt, a is new her two fonds Packet Page 217 of 411 Shoreline Restoration Plan A significant feature of state guidelines for the SMP update is the requirement that local governments include a real and meaningful strategy to address restoration of shorelines. Master programs must include goals, policies and actions for restoration of impaired shoreline ecological functions. The restoration plan is not intended tc mitigate past or future development impacts on the City's shorelines. Restoration is intended to improve overall environmental conditions unrelated to upcoming proj planned in the shoreline environment. The Restoration Plan linked below is an early draft that must be updated. Cumulative Impacts Analysis A final piece of the SMP is the Cumulative Impacts Analysis. The Shoreline Master Program Guidelines requires the City to evaluate and consider the cumulative im reasonably foreseeable future development on shoreline ecological functions and other shoreline functions promoted by the Shoreline Management Act. The purpose cumulative impacts analysis is to ensure that the City's SMP includes shoreline policies and regulations that will achieve no net loss of shoreline ecological functions SMP is implemented over time. The City has created a website for the SMP that is linked from the Planning Division's page on the City's website located here: http://www. edmondswa.gov/government/departments/development-services-home/planning-division-home/plans-long-range-planning/shoreline-master-program-upt Information on the Shoreline Management Act, SMP Update, SMP Documents, and Planning Board's agendas and minutes from their review of the SMP Update are available at this website. Attachments Exhibit 1 - SMP Regulations Title 24 ECDC Exhibit 2 - Shoreline Man for entire city Exhibit 3 - Shoreline Mar) North Exhibit 4 - Shoreline Map South Exhibit 5 - Shoreline Map Lake Ballinger Form Review Inbox Reviewed By Date Planning Department Rob Cbave 03/21/2013 11:43 AM City Clerk Linda Hynd 03/21/2013 11:55 AM Mayor Dave Earling 03/21/2013 12:36 PM Finalize for Agenda Linda Hynd 03/21/2013 12:51 PM Form Started By: Kemen Lien Started On: 03/21/2013 08:01 AM Final Approval Date: 03/21/2013 Packet Page 218 of 411 directly ects pacts of of the as the late.html. Packet Page 219 of 411 DRAFT Edmonds Shoreline Master Program PartI. Introduction.............................................................................................................................................3 24.10.000 Purpose and Intent.............................................................................................................................3 24.10.010 Authority...........................................................................................................................................4 24.10.020 Applicability.....................................................................................................................................4 24.10.030 Relationship to Other Plans or Regulations......................................................................................4 24.10.040 Liberal Construction.........................................................................................................................5 24.10.050 Administrative Procedures................................................................................................................5 24.10.060 Document Organization....................................................................................................................6 Part II. Master Program Elements: Goals & Policies for the Edmonds Shoreline Master Program .............6 24.20.000 Introduction....................................................................................................................................... 6 24.20.010 Economic Development Element......................................................................................................7 24.20.020 Public Access Element......................................................................................................................8 24.20.030 Recreational Element......................................................................................................................10 24.20.040 Circulation Element........................................................................................................................11 24.20.050 Shoreline Use Element....................................................................................................................12 24.20.060 Conservation Element.................................................................................................................1645 24.20.070 Historic, Cultural, Scientific and Educational Element...............................................................174-7 24.20.080 Flood Damage Prevention Element.............................................................................................184-8 24.20.090 Views and Aesthetics Element....................................................................................................194-8 24.20.100 Urban Design Element................................................................................................................1943 24.20.110 Restoration Element....................................................................................................................2038 Part III. Shoreline Environments....................................................................................................................2224 24.3 0.000 Introduction.................................................................................................................................2224 24.30.010 Adoption Criteria........................................................................................................................222-2 24.30.020 Shoreline Jurisdiction and Environments Designation Maps......................................................222-2 24.30.030 Aquatic Environment..................................................................................................................2323 24.30.040 Natural Environment...................................................................................................................252-5 24.30.050 Urban Conservancy Environment...............................................................................................272-7 24.30.060 Shoreline Residential..................................................................................................................282-8 24.30.070 Urban Mixed Use........................................................................................................................3038 24.30.080 Urban Railroad............................................................................................................................3233 Part IV General Policies & Regulations........................................................................................................3332 24.40.000 Applicability...............................................................................................................................3332 Planning Board Recommended DRAFT City of Edmonds SMP Page 1 of 159 Packet Page 220 of 411 24.40.010 Archaeological and Historic Resources......................................................................................3332 24.40.020 Critical Areas..............................................................................................................................3433 24.40.030 Flood Hazard Reduction.............................................................................................................4242 24.40.040 Public Access and Views............................................................................................................4342 24.40.050 Shoreline Vegetation Conservation.............................................................................................4746 24.40.060 Water Quality, Stormwater, and Nonpoint pollution..................................................................4848 24.40.070 Shoreline Development Table: User Guide................................................................................5049 24.40.080 Shoreline Development Table: Shoreline Development Permitted by Area Designation ........... 5049 24.40.90 Shoreline Bulk and Dimensional Standards.....................................................................................53-52 Part V Specific Modification Policies & Regulations..................................................................................5755 24.50.000 Applicability ...............................................................................................................................5755 24.50.010 General Modification Policies and Regulations..........................................................................5755 24.50.020 Shoreline stabilization.................................................................................................................5856 24.50.030 Moorage: Piers, Docks, and Floats.............................................................................................6764 24.50.040 Landfill........................................................................................................................................7474 24.50.050 Breakwaters, jetties, groins, and weirs........................................................................................7874 24.50.060 Dredging and dredge material disposal.......................................................................................8077 24.50.070 Shoreline habitat and natural systems restoration and enhancement projects.............................8683 Part V1 Specific Use Policies & Regulations.................................................................................................8885 24.60.000 Applicability...............................................................................................................................8885 24.60.010 Aquaculture.................................................................................................................................8885 24.60.020 Boating Facilities........................................................................................................................9491- 24.60.030 Commercial Development and Light Industrial ........................................................................1029r9 24.60.040 Forest Practices.......................................................................................................................1054-02 24.60.050 In -stream Structures................................................................................................................1054-02 24.60.060 Recreational Development......................................................................................................1064-03 24.60.070 Residential Development........................................................................................................1094-06 24.60.080 Transportation and Parking.....................................................................................................1124-09 24.60.090 Utilities....................................................................................................................................119446 Part VII Nonconforming Development...................................................................................................123M 24.70.000 Purpose....................................................................................................................................1234-29 24.70.010 Nonconforming Uses..............................................................................................................1234M 24.70.020 Nonconforming development, building and/or structure........................................................1244-14 24.70.030 Nonconforming Lots......................................................................................................................1274-13 24.70.040 Nonconforming Signs....................................................................................................................12847M 24.70.050 Nonconforming local public facilities............................................................................................12947M Planning Board Recommended DRAFT City of Edmonds SMP Page 2 of 159 Packet Page 221 of 411 Part VIII Administration — Shoreline Permits.........................................................................................1294-M 24.80.000 Purpose....................................................................................................................................1294-2-6 24.80.010 Exemptions from Shoreline Substantial Development Permit Process...................................1294-2-6 24.80.020 Letter of Exemption................................................................................................................1334-30 24.80.030 Review Criteria for All Development.....................................................................................1344-30 24.80.040 Substantial Development Permit Criteria................................................................................1344-4 24.80.050 Conditional Use Permit Criteria..............................................................................................1344-4 24.80.060 Variance Permit Criteria.........................................................................................................1354-32 24.80.070 Minimum Application Requirements......................................................................................1364-3-3 24.80.080 Notice of Application..............................................................................................................1384-35 24.80.090 Special Procedures for Limited Utility Extensions and Bulkheads.........................................1394-3-5 24.80.100 Public Hearings.......................................................................................................................1394-3-6 24.80.110 Notice of Decision, Reconsideration, and Appeals.................................................................1404-37 24.80.120 Initiation of Development.......................................................................................................1414-39 24.80.130 Revisions.................................................................................................................................1414-3-8 24.80.140 Time requirements of Shoreline Permits.................................................................................143440 24.80.150 Administrative Authority and Responsibility.........................................................................144444- 24.80.160 Compliance.............................................................................................................................14544-2- 24.80.170 Enforcement............................................................................................................................14644-2- PartIX Definitions......................................................................................................................................146442 24.90.000 General Information................................................................................................................146442 24.90.010 Definitions: A to B.................................................................................................................146443, 24.90.020 Definitions: C to F.................................................................................................................148444 24.90.030 Definitions: G to 0.................................................................................................................151447 24.90.040 Definitions: P to R..................................................................................................................155J-54 24.90.050 Definitions: S to T..................................................................................................................1574-5-3 24.90.060 Definitions: U to Z.................................................................................................................1584-54 PartX Appendices.....................................................................................................................................1594-M 24.100.000 Maps of Shoreline Environments and Jurisdictions................................................................1594-5-5 Part I. Introduction 24.10.000 Purpose and Intent This master program, in harmony with the Shoreline Management Act of 1971, is based on the philosophy that the shorelines of the state and our city are among the most valuable and fragile Planning Board Recommended DRAFT City of Edmonds SMP Page 3 of 159 Packet Page 222 of 411 resources that we possess. The Shoreline Management Act made clear that there is a great public concern regarding the use, protection, restoration, and preservation of these shorelines, which concern is the premise of this master program. In recognition of private property rights, local public opinion, existing realities, and the necessary coordination between several levels of government, this program represents an approach toward the enhancement of shorelines rather than the restriction of their use. The purposes of this Master Program are: A. To carry out the responsibilities imposed the City of Edmonds by Washington State Shoreline Management Act (RCW 90.58). B. To promote uses and development of the City of Edmonds shoreline consistent with the City of Edmonds Comprehensive Plan while protecting and restoring environmental resources. C. To promote the public health, safety, and general welfare by providing a guide and regulation for future development of the shoreline resources of the City of Edmonds. 24.10.010 Authority Authority for enactment and administration of the program is the shoreline Management Act of 1971, chapter 90.58 RCW, as now or hereafter amended 24.10.020 Applicability All proposed uses and development occurring within shoreline jurisdiction of the City of Edmonds must conform to the Shoreline Management Act and this Chapter. All uses, even those not meeting the definition of development, are subject to the provisions and development regulations of this chapter, even though a permit may not be required. 24.10.030 Relationship to Other Plans or Regulations A. Uses, developments and activities regulated by this Chapter may also be subject to the provisions of the city of Edmonds comprehensive Plan, the Washington State Environmental Policy Act, Edmonds City Code, and various other provisions of local, state, and federal law, as may be amended. Project proponents shall comply with all applicable laws prior to commencing any use, development or activity. B. The shoreline master program has been developed as a both a policy and a regulatory program. As such, the shoreline master program is a part of and was developed to be consistent with the city of Edmonds comprehensive plan and its component elements. C. The Edmonds Community Development Code establishes specific and detailed regulations for most of the uses, development, and activities regulated in this chapter. The Edmonds Community Development Code and this chapter are intended to operate together to produce Planning Board Recommended DRAFT City of Edmonds SMP Page 4 of 159 Packet Page 223 of 411 coherent and thorough shoreline regulations. Uses, developments and activities must comply with both the Edmonds Community Development Code and the shoreline master program in all cases. If there is a conflict between the two, the shoreline master program shall prevail. 24.10.040 Liberal Construction As provided for in RCW 90.58.900, the Shoreline Management Act is exempted from the rule of strict construction; the Act and this Master Program shall, therefore, be liberally construed to give full effect to the purposes, goals, policies, and standards for which the Act and this master Program were enacted. 24.10.050 Administrative Procedures The general administrative procedures for this Title 24 (Edmonds Shoreline Master Program) are not part of this program. They are included with the text of Title 24 for consistency and ease of use. The Department of Ecology will be notified of any changes to the administrative chapters listed below. The use of separate local administrative and enforcement procedures is consistent with the 2003 Washington State Shoreline Master Program Guidelines (WAC 173-26-191(2)(a)(iii)(C)), Administrative Provisions. "Local governments may include administrative, enforcement, and permit review procedures in the master program or the procedures may be defined by a local government ordinance separate from the master program. In either case, these procedures shall conform to the Shoreline Management Act, specifically RCW 90.58.140, 90.58.143, 90.58.210 and 90.58.220 and to chapter 173-27 WAC." This allows the city of Edmonds to revise local administrative procedures (fees, application meetings, authority of Administrator, etc) without another formal state amendment process. ECDC 24.80 must still be consistent and remain consistent with the related provisions in the Shoreline Management Act and sate shoreline rules (WACs). In the event of a conflict, the state RCW or WAC, as amended, will prevail over the local ordinance. The following sections are administrative procedures separate from Title 24: ECDC 24.80.070 Minimum Application Requirements ECDC 24.80.080 Notice of Application ECDC 24.80.100 Public Hearings ECDC 24.80.110 Notice of Decision, Reconsiderations, and Appeals ECDC 24.80.130 Initiation of Development ECDC 24.80.160 Administrative Authority and Responsibility ECDC 24.80.170 Compliance ECDC 24.80.180 Enforcement Planning Board Recommended DRAFT City of Edmonds SMP Page 5 of 159 Packet Page 224 of 411 24.10.060 Document Organization This Master Program is divided into the following ten parts, consistent with the material to be included within a master program as established in Chapter 173-26 WAC: A. Part I, ECDC 24.10.000 through 24.10.000, contains basic and general information regarding the shoreline master program. B. Part II, ECDC 24.20.000 through 24.20.110, contains the city's goals and policies with respect to the program elements established in Chapter 173-26 WAC. C. Part III, ECDC 24.30.000 through 24.30.080, contains information regarding the different shoreline environments to be found within the city including goals, policies and regulations specific to each of the shoreline environments. D. Part IV, ECDC 24.40.000 through 24.40.060, contains policies and regulations with respect to general master program provisions identified in Chapter 173-26 WAC. E. Part V, ECDC 24.50.000 through 24.50.070, contains policies and regulations that apply to specific modifications that are regulated under the shoreline master program. F. Part VI, ECDC 24.60.000 through 24.60.090, contains policies and regulations that apply to specific uses that are regulated under the shoreline master program. G. Part VII, ECDC 24.70.000 through 24.70.050, contains policies and regulations that apply to nonconforming development with the shoreline jurisdiction of the City of Edmonds. H. Part VIII, ECDC 24.80.000 through 24.80.180, contains administrative procedures for shoreline permitting Part IX, ECDC 24.90.000 through 24.90.060, contains definitions applicable to the shoreline master program J. Part X, ECDC 24.100.XXX through 24.=.XXX, contains appendices pertaining to this chapter. Part II. Master Program Elements: Goals & Policies for the Edmonds Shoreline Master Program 24.20.000 Introduction This section contains goals and policies that form the foundation of Edmonds' Shoreline Master Program which are implemented through the regulations in ECDC chapters 24.40 through 24.60, and apply to all areas of the City of Edmonds shoreline jurisdiction, regardless of the designated Planning Board Recommended DRAFT City of Edmonds SMP Page 6 of 159 Packet Page 225 of 411 shore environment. The Shoreline Management Act requires cities to adopt goals, or "elements," to guide and support major shoreline management issues. 24.20.010 Economic Development Element A. Purpose. The economic development element provides for the location and design of industries, industrial projects of statewide significance, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on or use of the shorelines of the state in accordance with RCW 90.58.100(2)(a). B. Economic Development Goal. It is a goal of the city to encourage port facilities, tourist facilities, mixed use, commercial and light industrial development in specific and limited shoreline areas which enhance the public's access to the shoreline. Water dependent, oriented and water enjoyment development are preferred in shoreline areas. The nature of this economic development should attract, and be open to, the general public and should not unduly interfere with the character of the shoreline area or with nearby shoreline and upland uses. C. Economic Development Policies. Mixed -use commercial and light industrial uses in the shoreline area should be permitted only where compatible with existing or planned shoreline and upland development, or where legal parcels of land can be aggregated to minimize the impacts from the mixed - use commercial or light industrial use. 2. Mixed -use commercial and light industrial uses should be permitted only where infrastructure, particularly the roadway system, is presently adequate or is made adequate to accommodate the demands generated by commercial or light industrial development. 3. New shoreline light industrial and commercial development should be limited to that which is classified as water -dependent, water -related, or water -enjoyment uses and non - water -oriented uses which are not accessory to a water -oriented use should be discouraged and/or prohibited. 4. Permitted mixed -use commercial and light industrial development in shoreline areas should enhance opportunity for the public to take advantage of shoreline amenities. Uses that support or enhance the opportunity for public access and compliment the cultural arts related to the shoreline should be encouraged. This might include uses wherein the public can view and enjoy the aesthetic qualities of the shoreline and vista beyond. 5. New development or redevelopment should avoid or mitigate additional loss of shoreline ecological functions. Planning Board Recommended DRAFT City of Edmonds SMP Page 7 of 159 Packet Page 226 of 411 6. Development should be discouraged in any critical area and only allowed where impacts to these areas can be mitigated. 7. In shoreline areas where large tracts of land can be aggregated, some degree of flexibility is appropriate to allow for innovative and planned site design within parameters established by the city. 8. Economic benefits derived from wildlife, marine and fish habitats, public access, recreational scuba diving and tourism should be recognized and retained. 9. Priority should be given to those mixed -use commercial or light industrial uses which are water -dependent. 10. The potential adverse effects of mixed -use commercial and light industrial development on other activities should be minimized through local performance standards. 11. The recreational opportunities along the shoreline should be developed as an economic asset in a manner that will enhance the public enjoyment of the shorelines and in -water - related activities. 12. Commercial activities in shoreline areas should be operated with minimum adverse impact on the quality of the environment of the shoreline and adjacent areas. 24.20.020 Public Access Element A. Purpose The public access element provides for public access to publicly owned or privately owned shoreline areas where the public is granted a right of use or access in accordance with RCW 90.58.100(2)(b). B. Public Access Element Goal 1 It is a goal of the city to provide the maximum reasonable opportunity for the public to view and enjoy the amenities of the shoreline area from public viewpoints, while assuring that such access does not contribute to intrusions upon private property, nuisance, personal danger, or over -burdening of fragile natural resources. C. Public Access Policies 1 1. The city should use street ends and other publicly owned or controlled land within the shoreline area as a means of providing additional safe public access to shoreline areas. When these types of areas are developed, the city should also provide for some associated Planning Board Recommended DRAFT City of Edmonds SMP Page 8 of 159 Packet Page 227 of 411 limited off-street parking or public transportation connection in order to minimize impacts to surrounding properties. 2. The city should develop signage, public information brochures and publications for distribution which identify all locations for public access to the shorelines, and underwater activities with information about each site location. 3. The city should maintain public shorelines, waterways and tidelands in public ownership for continued public access and use. 4. With principal access to tidelands existing at public beaches to the north and south, the city, where practicable, should acquire and develop safe convenient public access for pedestrian access and water access to and use of public tidelands and beaches. 5. Public pedestrian access for neighborhood use should be encouraged. 6. Public access afforded by shoreline street ends, public utilities and rights -of -way should be preserved, maintained and enhanced. D. Public Access Goal 2 Incorporate public access into new shoreline development and unify individual public access elements into an organized system. E. Public Access Policies 2 1. Public access will be considered in the review of all private and public developments (including land division) with the exception of one- and two-family dwelling units when necessary to mitigate significant environmental impacts or through provisions designed to exchange access rights for development bonuses. 2. Developments, uses and activities on or near the shoreline should not impair or detract from the public's access to the water. 3. Public access should be provided as close as possible to the water's edge without adversely affecting a sensitive environment and, if feasible, should be designed with provisions for disabled and physically impaired persons. 4. Public access should be designed to provide for public safety and to minimize potential impacts to private property and individual privacy. 5. Assure that public access improvement result in no net loss of shoreline ecological functions. 6. No public access shall be acquired through a taking without just compensation. Planning Board Recommended DRAFT City of Edmonds SMP Page 9 of 159 Packet Page 228 of 411 24.20.030 Recreational Element A. Purpose The recreation element provide for the preservation and enlargement of recreational opportunities including but not limited to parks, tidelands, beaches, and recreational areas in accordance with RCW 90.58.100(2)(c). B. Recreational Goal It is the goal of the city to provide substantial recreational opportunities for the public in shoreline areas through the preservation and expansion of these opportunities through programs such as acquisition, development and maintenance. C. Recreational Policies The city should continue to acquire and develop park land within shoreline areas. The city should also, where feasible, develop street ends within the shoreline area to provide for public recreation. The nature and extent of recreational opportunities provided within the various lands in the shoreline area owned or controlled by the city depends on the nature of the area involved, the amenities and natural resources to be found in that area, the location of the area and the needs of the community. 2. When mitigation requirements or bonus programs) permit, large or intensive private developments within the shoreline area should provide some public recreation amenities, in addition to public pedestrian access along the water's edge. 3. The city should consider both active and passive in -water, shoreline and upland recreational needs in development of recreational areas to meet local and regional needs. 4. The city should acquire, develop, expand and maintain public recreation facilities to meet public demand for recreation use and enjoyment of the water and shoreline. 5. Recreation facilities in the shoreline area should be restricted to those dependent upon a shoreline location, or those benefiting from a shoreline or in -water location that are in the public interest. 6. Public recreation facilities should be designed, developed, and maintained to respect the shoreline environment and minimize the degradation of the shoreline and its natural systems. 7. Public information and education programs, and attendant enforcement procedures, should be developed and implemented to help ensure that the public is aware of park regulations and private property rights, and to prevent the abuse of the shoreline and its natural ecological system. Planning Board Recommended DRAFT City of Edmonds SMP Page 10 of 159 Packet Page 229 of 411 8. Recreational boating facilities including waterway trails and trailheads, terminals, moorage, and service facilities should be provided for on publicly owned land. 9. Recreational boating facilities including waterway trails and trailheads, terminals, moorage, and service facilities should be allowed on private property, except in the Natural Environment. 24.20.040 Circulation Element A. Purpose The circulation element provides for the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities in accordance with RCW 90.58.100(2)(d). B. Circulation Goal It is the goal of the city to provide for the safe and efficient movement of people, goods, and emergency services within the shoreline area while recognizing and enhancing the unique, fragile and scenic character of the shoreline area with minimum disruption to the shoreline environment and minimum conflict between different users. C. Circulation Policies Railroad Avenue, Dayton Street, Main Street, Admiral Way, and Sunset Avenue, which provide access to and through the city's accessible downtown shoreline area, should be designed and regulated to safely accommodate the vehicular, bicycle and pedestrian traffic using these corridors, as well as to facilitate egress and ingress from adjacent properties and to enhance the scenic character and recreational use of this corridor, while recognizing that shoreline uses should have primary access to Railroad Avenue and Admiral Way. 2. Whenever practicable, safe pedestrian and bicycle movement on and off roadways in the shoreline area should be encouraged as a means of personal transportation and recreation. 3. Where new streets are needed to serve uses in the shoreline area, these streets should be the minimum size necessary to provide safe and efficient vehicular, pedestrian and bicycle access, including access for emergency vehicles, to the properties to be served. 4. Public waterborne transportation linked to public and private forms of ground transportation should be encouraged to minimize auto usage, and to eliminate barriers between public waterborne transportation and ground transportation in conformance with the Americans with Disabilities Act. Planning Board Recommended DRAFT City of Edmonds SMP Page 11 of 159 Packet Page 230 of 411 5. All transportation planning should be coordinated to provide efficient use and transfer between modes while minimizing the adverse environmental impacts of such facilities. 6. Circulation and transportation systems should be located, designed and developed with respect to existing and/or planned rail, highway and ferry facilities. 7. Public transit systems should be linked to the urban waterfront. 8. Pedestrian walkways, trails and bicycle linkages should be provided between the historic downtown and the waterfront, including the train station and ferry terminal. 9. New or expanded non -water oriented transportation facilities should be located outside of shoreline jurisdiction whenever feasible. 24.20.050 Shoreline Use Element A. Purpose The shoreline use element considers the proposed general distribution and general location and extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land in accordance with RCW 90.58.100(2)(d). B. Shoreline Use Goals The goals of the city are to: Allow for a diversity of uses within the shoreline area consistent with the dramatically different character of the various shorelines within the city, and to preserve and enhance the natural and aesthetic quality of important shoreline areas while allowing for reasonable development which meet the goals and policies of the Shoreline Management Act. 2. Provide performance and development standards for shoreline uses which achieve compatibility among activities. 3. Reserve shoreline and water areas particularly suited for specific and appropriate uses, especially water -oriented and water -dependent uses, for such uses whether they are existing or potential. 4. Establish and implement policies and regulations for shoreline use consistent with the Shoreline Management Act of 1971. These policies and regulations should insure that the overall land use patterns in shoreline areas are compatible with existing shoreline Planning Board Recommended DRAFT City of Edmonds SMP Page 12 of 159 Packet Page 231 of 411 environment designations and will be sensitive to and not degrade habitat and ecological systems and other shoreline resources. 5. Ensure that proposed shoreline uses are distributed, located and developed in a manner that will maintain or improve the health, safety and welfare of the public. 6. Ensure that proposed shoreline uses do not minimize the rights of others or infringe upon the rights of private ownership. 7. Encourage restoration of shoreline areas that have been degraded or diminished in ecological value and functions as a result of past activities or catastrophic events. 8. Ensure that planning, zoning and other regulatory and non -regulatory programs governing lands adjacent to shoreline jurisdictions are consistent with SMA policies and regulations and the provisions of this SMP. 9. Encourage increased accessibility to the shoreline for a variety of users and activities. 10. Develop adaptive management strategies to increase capacity to respond to future possible impacts on the Edmonds shoreline from climate change in the Puget Sound region. 11. Ensure that residential development in the shoreline area is compatible with adjacent uses and minimizes impacts to shoreline processes and functions. 12. Ensure future shoreline development will achieve no net loss of ecological functions and values. C. Shoreline Use Policies "Environmentally critical areas" are to be protected and regulated consistent with the city's environmental review and critical areas regulations contained in Chapters 20.15A and 23.40 through 23.90 ECDC, less the exceptions listed in ECDC 24.40.020.C. 2. New uses and developments in shoreline areas that have established desirable development patterns should be designed to be compatible with those areas; provided the existing uses are consistent with the Shoreline Management Act and the City's comprehensive plan and shoreline master program. 3. In shoreline areas without established development patterns and which are not unique or fragile, the city should allow for a wide range of development options consistent with the Edmonds Community Development Code within established limits to protect the public interest. Planning Board Recommended DRAFT City of Edmonds SMP Page 13 of 159 Packet Page 232 of 411 4. Over -water structures other than ferry terminal passenger shelters, docks, piers, walkways, breakwaters and other similar structures should be prohibited with the exception of minor appurtenant buildings, buoys, divers resting floats, and art sculpture. 5. Water -dependent uses should have priority over non -water -dependent uses in the shoreline area. Nonetheless, uses such as dry-docks, boat yards, and similar marine enterprises are incompatible with the character of the majority of the shoreline area and should be limited to specific designated areas. 6. Uses in shoreline areas should not degrade water quality and land disturbances (land covered by water and the land area adjacent to the ordinary high water mark) should be the minimum necessary. 7. The pattern and distribution of land and water uses should be controlled and encouraged in order to enhance the shoreline natural systems, protect against their damage, and provide for their public use and enjoyment. 8. Multiple uses of shorelines should be encouraged. Shoreline uses which allow large numbers of people to enjoy the marine environment should be given a higher priority than uses that lead to the usurpation of the limited urban waterfront by any single use activity. 9. Shoreline use should be compatible with its site, in harmony with adjacent uses, and consistent with long-range comprehensive planning for waterfront use. 10. Uses which adversely alter or degrade the defined shoreline "natural systems" should be prohibited. 11. The City of Edmonds shall stay abreast of scientific information regarding climate change and sea level rise and reevaluate the Shoreline Master Program development standards as soon as adeauate scientific information is available. 12. The Edmonds Marsh study identified in the City of Edmonds Capital Improvement Plan is an important study for determining the potential impacts of climate change and sea level rise on the City of Edmonds and should be considered a high priority for completion. 13. All use and development should use low impact development LID, techniques where appropriate and feasible. 44,14. The rehabilitation of "natural systems" (e.g., the improvement in water quality, removal of beach obstructions, etc.) should be encouraged. 44-.15. Shoreline Use and Development Review. Planning Board Recommended DRAFT City of Edmonds SMP Page 14 of 159 Packet Page 233 of 411 a. Shoreline use and development should be provided for through a process of review and analysis that gives priority to: i. The protection and enhancement of the shoreline natural system; ii. The provision for shoreline -dependent uses; iii. The provision for shoreline -oriented uses; and iv. The accommodation of necessary uses that are neither shoreline -dependent nor shoreline -oriented. b. The priority system will recognize, but not be limited to, the following systems and uses: i. Protect and enhance natural systems: A. Biological: 1. Critical areas for fish spawning, rearing, feeding, and migration, including beaches, marshland, aquatic vegetation and nearshore subtidal area; 2. Waterfowl and water associate bird nesting, resting, feeding and nursery areas; 3. Shellfish life — supporting areas; 4. Upland mammal breeding, rearing and feeding areas; 5. Upland plant growth areas (greenbelts, etc.); 6. aquatic (non -fish and non -shell fish) marine organisms life supporting areas; and 7. Other. B. Geological: 1. Bluff and landslide areas; 2. Beaches and tidelands — shoals and coves; 3. Marshland and slough area; 4. Streams and ravines; 5. Below low water submerged lands — canyons, cliffs, rock reefs, sand or mud flat, etc.; and 6. Other. ii. Provide for shoreline -dependent uses, such as: A. Ferry and passenger terminals; B. Terminal and transfer facilities for marine commerce and industry; C. Marine and fresh water construction, dismantling and repair; D. Marinas — boats; E. Intakes and outfalls; F. Boat launch facilities; G. Shoreline recreation — including parks, bike and walking trails, beaches, etc. H. Water -related recreation — including scuba diving, waterway trail system, fishing and small craft boating; I. Marine and limnological research, interpretation and education; J. Piers and related facilities for the loading and unloading of petroleum products; and K. Other uses of like intensity and dependency. Planning Board Recommended DRAFT City of Edmonds SMP Page 15 of 159 Packet Page 234 of 411 24.20.060 Conservation Element A. Purpose The shoreline conservation element provides for protection of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection in accordance with RCW 90.58.100(2)(f). B. Conservation Goal It is the goal of the city to preserve, protect, and enhance unique and fragile areas of flora and fauna and scenic vistas to help assure the continued availability of these resources for future generations and to protect the ecological functions of the shoreline to ensure no net loss of functions. This element is concerned with the preservation of the natural shoreline resources, considering such characteristics as scenic vistas, linear park systems, waterway trail systems, estuarine areas for fish and wildlife protection, critical habitat, beaches and other valuable natural or aesthetic features. Assure preservation of the unique, fragile and scenic shoreline resources by carefully preserving the non-renewable resources and managing for the continued utilization of renewable resources. C. Conservation Policies 1. The City should work to maintain environmentally sensitive and critical areas for present and future generations, such as the Edmonds Marsh, the historically contiguous wetland east of SR-104, the Edmonds Underwater Park and the shoreline sanctuary. 2. Development in shoreline areas should be managed so that any adverse impacts on aquatic and land plants and animals are avoided or mitigated to result in no net loss of ecological function. 3. Where practicable, steps should be taken to enhance the shoreline area as a spawning ground for salmon, forage fish, and other species of fish and aquatic marine life. 4. Irreplaceable shoreline resources should be preserved for their intrinsic value and continued public enjoyment. 5. Beneficial use of shoreline resources should be provided for while respecting the natural shoreline environment. 6. Where practicable, restoration of damaged shoreline features and systems should be encouraged. 7. Limited improvements in public recreation areas should be permitted where such improvements would enhance public access to and public education and understanding of Planning Board Recommended DRAFT City of Edmonds SMP Page 16 of 159 Packet Page 235 of 411 the value of the shoreline resource (an example of which is the Edmonds Underwater Park). 8. Provide for the preservation of the natural shoreline resources through the protection of existing and the designation of potential public recreational areas. 9. Provide for the preservation of the natural shoreline resources through the continuation and expansion of interpretive and environmental education programs, and public outreach and involvement in stewardship. 10. The city, where practicable, should acquire key shoreline parcels that become available; such parcels are those integral to necessary expansion of existing prime beach areas. 24.20.070 Historic, Cultural, Scientific and Educational Element A. Purpose The historic, cultural, scientific and educational element provides for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values in accordance with RCW 90.58.100(2)(g). B. Historic, Cultural, Scientific and Educational Goal Identify, protect, preserve and restore important archaeological, historical, art and cultural sites located within the shoreline jurisdiction area for educational and scientific uses and enjoyment of the natural amenities by the general public. C. Historic, Cultural, Scientific and Educational Policies 1. Wherever practicable, shoreline development should recognize the former and current use of much of the city's shoreline area for such uses as boatyards, railroads, ferry landings, logging, and industrial sites, and recognize the earlier uses of the shoreline by Native American cultures. 2. The large, relatively undisturbed area known as the Edmonds Marsh should be preserved for, among other reasons, its educational and scientific value as well as its role in stormwater management. 3. Educational projects and programs including signage should be encouraged that foster a greater appreciation of the importance of shoreline management, maritime activities, environmental conservation, cultural and maritime history. 4. The city should develop signage and informational programs which identify and explain unique scenic and cultural opportunities. Planning Board Recommended DRAFT City of Edmonds SMP Page 17 of 159 Packet Page 236 of 411 5. Important archaeological, historical and cultural sites located within the shoreline jurisdiction area should be identified, protected, preserved or restored for educational and scientific uses and enjoyment of the natural amenities by the general public. 6. Historical/cultural sites should be acquired through purchase or gift, so as to insure their protection and preservation. 7. Where practicable, buildings, sites and areas having historic, cultural, educational, or scientific value to the community should be protected and restored. 8. Where practicable, all buildings, sites, and areas which are placed on the State or Federal Historic Register should be preserved, protected and restored. 9. Where practicable, significant archeological features and data should be protected for scientific study and public observation. 24.20.080 Flood Damage Prevention Element A. Purpose The flood damage prevention element provides for protection against flood damage and the preservation and restoration of ecosystem wide ecological functions in accordance with RCW 9038.100. B. Flood Damage Prevention Element Goal It is a goal of the city to reduce the likelihood of flood damage by locating development away from flood -prone areas and by protecting and restoring shoreline ecological functions and ecosystem -wide processes. C. Flood Damage Prevention Policies Structural flood control devices should be allowed only after it is demonstrated that nonstructural solutions are not feasible to reduce the hazard. 2. Participate in watershed -wide programs to reduce flood hazards and improve the shoreline ecology. 3. Discourage new development in shoreline areas that are reasonably likely to be harmed by flood conditions, or which would create or intensify flood hazard impacts on other properties. 4. Ensure that flood hazard reduction measures do not result in a net loss of ecological functions in shoreline areas. Planning Board Recommended DRAFT City of Edmonds SMP Page 18 of 159 Packet Page 237 of 411 24.20.090 Views and Aesthetics Element A. Purpose The views and aesthetics element provides for preservation and/or protection of public scenic vistas, public views of the water, and other aesthetic qualities of shorelines for enjoyment by the general public. B. Views and Aesthetics Goal It is the goal of the city to assure that the public's ability and opportunity to enjoy shoreline views and aesthetics is protected. C. Views and Aesthetics Policies 1. The scenic and aesthetic qualities of shorelines and public vistas should be preserved through development standards. 2. Public views from the shoreline upland areas should be enhanced and preserved. Enhancement of views should not be construed to mean excessive removal of vegetation which partially impairs views. 3. Public visual access should be maintained, enhanced and preserved on shoreline street ends, public utilities and rights -of -way and within public "view corridors" as designated by the city. 24.20.100 Urban Design Element A. Purpose The urban design element provides for the development between the shoreline and adjacent areas in manner that provides linkages that will enhance the beauty and visual identity of Edmonds. B. Urban Design Goal It is a goal of the city to encourage development within the shoreline area that is visually coherent, provides visual and physical linkage to the shoreline, enhances the waterfront, and is consistent with the Streetscape Plan. C. Urban Design Policies. The shoreline area within and south of the north boundary of the Brackett's Landing North Park, to the south city limits (generally the urban mixed -use shoreline environment) is one of the most scenic areas of the city. It also, to a large extent, Planning Board Recommended DRAFT City of Edmonds SMP Page 19 of 159 Packet Page 238 of 411 establishes the visual identity of Edmonds. As such, both public and private development in these areas should be controlled and regulated to provide an urban environment which preserves or enhances the opportunity for the public to enjoy the scenic quality of the shoreline. 2. Projects should be encouraged to provide "street furniture," public art, related interpretative signage, landscaping and other amenities within or adjacent to the right-of- way of Railroad Avenue and Admiral Way to complement a pedestrian promenade along the shoreline consistent with the streetscape plan. 3. Where possible, the owner of uplands abutting pedestrian waterfront activities should be encouraged to incorporate public art elements, public art and cultural amenities that promote aesthetic considerations consistent with the City of Edmonds Arts Commission goals. 4. New and remodeled developments should provide public view corridors adjacent to either the north or south property line to enhance public visual access to the Puget Sound and to provide for a visual link between the downtown and its waterfront roots. The location of the view corridor should be coordinated with the development of adjacent properties in order to maximize public visual access to the Puget Sound. Properties with significant frontage on the shoreline should consider providing view corridors in multiple locations so as to maximize public visual access to the shoreline. In the application of design standards, the preservation of public views shall be given priority over landscaping and fencing requirements. 5. Projects should minimize the amount of vehicular parking in the urban mixed -use I and II shoreline environments through use of joint use parking agreements (where permitted), and by locating employee parking off -site and outside the urban mixed -use I and II shoreline environments. 6. Projects should be designed to locate vehicular parking away from the shoreline, bulkhead, or areas of pedestrian circulation. 7. Developments should provide conveniently situated bicycle parking on site. 8. Projects should be designed to minimize impacts to existing shoreline ecological functions. 24.20.110 Restoration Element A. Purpose The restoration element provides for the timely restoration and enhancement of ecologically impaired areas within available economic resources in a manner that achieves a net gain in Planning Board Recommended DRAFT City of Edmonds SMP Page 20 of 159 Packet Page 239 of 411 shoreline ecological functions and processes above baseline conditions as of the adoption of the city's shoreline master programs. B. Restoration Goal It is the goal of the city to improve water quality, restore degraded and lost habitat corridors, and improve connectivity of the shoreline environments though voluntary and incentive - based public and private programs and actions consistent with the City of Edmonds Shoreline Master Program Restoration Plan. C. Restoration Policies 1. Protect and/or restore freshwater, nearshore, and estuarine habitat and habitat -forming processes. 2. Protect and restore wetland and restore salt marsh habitat to improve shoreline ecological functions. 3. Remove intertidal fill; restore beach deposits and processes and ecological functions. 4. Remove/replace creosote -treated logs, pilings, and debris. 5. Increase availability of large woody debris and opportunities for recruitment in the nearshore zone. 6. Protect and restore native species of vegetation, fish, and wildlife. 7. Remove or improve fish- and wildlife -passage barriers. 8. Manage and treat stormwater to improve water quality, decrease peak flow events, and increase implementation of low impact development (LID) practices. 9. Protect naturally eroding bluffs and associated ecological functions. 10. Protect and restore wildlife corridors. 11. Ensure that shoreline restoration projects do not degrade critical areas and water quality. 12. Establish incentives that could provide opportunities for new development to restore impaired shoreline ecological functions. 13. Work with the Burlington Northern Santa Fe Railway to encourage nearshore restoration projects on the railroad right-of-way. Planning Board Recommended DRAFT City of Edmonds SMP Page 21 of 159 Packet Page 240 of 411 Part III. Shoreline Environments 24.30.000 Introduction Local governments are required, under the Washington State Shoreline Management Act of 1971 through WAC 173-26, to develop and assign a land use categorization system of shoreline areas as a basis for effective Shoreline Master Programs. The intent of designating shoreline environment is to encourage development that will enhance the present or desired character of the shoreline. To accomplish this, segments of shoreline are given an environment designation based on existing development patterns, natural capabilities and limitations, and the aspiration of the local community. 24.30.010 Adoption Criteria Shoreline Designations have been determined after consideration of: A. The ecological functions and processes that characterize the shoreline, together with the degree of human alteration; and B. Existing development patterns together with ECDC Title 16 Zoning designations, the City Comprehensive Plan designations and other officially adopted plans; and C. The goals of the City of Edmonds citizens for their shorelines; and D. Other state policies in the Act and the Shoreline Master Program Guidelines (RCW 90.58.020 and WAC 173-26, respectively). 24.30.020 Shoreline Jurisdiction and Environments Designation Maps A. The location and extent of areas under the jurisdiction of the Master Program, and the boundaries of the various shoreline environments affecting the lands and waters of the City are shown in Appendix A of this Master Program. (ECDC 24.100.000) B. The purpose of the official shoreline maps in Appendix A is to identify Shoreline area designations. The map does not necessarily identify or depict the lateral extent of shoreline jurisdiction. Where uncertainty or conflict may occur in the exact location of jurisdictional or shoreline designation boundary line, the shoreline Administrator shall rely up the criteria contained in RCW 90.58.030(2) and chapter 173-22 WAC pertaining to determinations of shorelands, as amended, rather that the incorrect or outdated map. C. In the event that new shoreline areas are discovered (e.g. associated wetlands) that are not mapped and/designated on the official shoreline map, these areas will be designated in the following manner. Planning Board Recommended DRAFT City of Edmonds SMP Page 22 of 159 Packet Page 241 of 411 1. If a newly discovered shoreline area is adjacent to a single shoreline area environment, then the newly discovered shoreline area will be assigned the same shoreline designation as the adjacent shoreline area. 2. If a newly discovered shoreline area abuts more than one shoreline area environment, the shoreline area environment that is most restrictive shall be assigned to the newly discovered shoreline area. 24.30.030 Aquatic Environment A. Purpose The purpose of the aquatic low -intensity environment (Aquatic I) is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark. The purpose of the aquatic high -intensity environment (Aquatic II) is to protect the unique characteristics and resources of the aquatic environment by managing water -dependent use activities to prioritize preservation and restoration of natural resources, navigation, recreation, and commerce, and by assuring compatibility between shoreland and aquatic uses. B. Classification Criteria 1. General. These are lands waterward of the ordinary high water mark for both saltwater and freshwater bodies of water, including any submerged or inter -tidal areas. The Aquatic I and II environment designations include the water surface together with the underlying lands and the water column. Information from the shoreline inventory and characterization report was used in conjunction with the comprehensive plan and zoning information to determine the appropriate environment designation. 2. Aquatic I (Low Intensity). These areas are mostly characterized by aquatic ecosystems that have been modified by the Burlington Northern Santa Fe railroad bed fill that covers the intertidal and transitional upland zones along the beach. The beach has been altered by seawalls or large -rock riprap. These shoreline areas generally exhibit low -intensity development and few over -water structures. In freshwater areas, there may be a significant number of docks and piers serving residential areas. 3. Aquatic II (High Intensity). These areas are more intensely developed areas with water - dependent uses. The marine nearshore has been significantly modified by commercial waterfront development, including the Port of Edmonds Marina and the Washington State Ferries pier. C. Area Designated Planning Board Recommended DRAFT City of Edmonds SMP Page 23 of 159 Packet Page 242 of 411 1. Aquatic I (Low Intensity): Applicable to all marine aquatic environments waterward of the ordinary high water mark between the southern boundary of the City and the old Union Oil dock, between the northern edge of the Edmonds fishing pier and the southern edge of the Main Street ferry terminal, between the northern edge of the Main Street ferry terminal and the northern boundary of the City, and Lake Ballinger. 2. Aquatic II (High Intensity): Applicable to those marine aquatic environments waterward of the ordinary high water mark between the old Union Oil dock and the northern edge of the Edmonds fishing pier, and between the southern and northern edges of the Main Street ferry terminal. D. Management Policies 1. New over -water structures should be limited and allowed only for water -dependent uses, public access, or ecological restoration. 2. The size of new over -water structures should be limited to the minimum necessary to support a structure's intended use. 3. Uses and activities within the Aquatic I and II environments should be compatible with the adjoining shoreline environments. 4. In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple uses of over -water facilities should be encouraged, provided that use conflicts can be avoided. 5. All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation and moorage. 6. Uses and activities within Aquatic I shoreline environments should be limited to public access, boat moorage, and necessary utility and transportation facilities. 7. All developments and uses should consider impacts to public views. 8. All developments and uses should allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. 9. Restoration opportunities associated with project impacts should be encouraged in the aquatic environment. 10. Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats should not be allowed except where necessary to achieve the objectives of RCW 90.58.020, and then only when their impacts are mitigated according to the sequence described in WAC 173-26-201(2)(e) necessary to achieve no net loss of ecological functions. Planning Board Recommended DRAFT City of Edmonds SMP Page 24 of 159 Packet Page 243 of 411 11. Dredging and dredge material disposal should be limited to the minimum amount necessary. Dredging operations should minimize impacts to other shoreline uses and functions. 12. Filling should be avoided if practicable and limited to the minimum amount necessary. Filling operations should minimize impacts to other shoreline uses and functions. 13. Ensure that piers and docks are compatible with the shoreline area where they are located and are designed and maintained to minimize adverse impacts to the environment. 14. Ensure that marinas are located, designed, constructed, and operated in a manner that will minimize damage to shoreline processes and functions, be compatible with adjacent uses, and protect the aesthetic qualities of the shoreline environment. 15. All developments and uses on navigable waters should be located and designed to minimize interference to navigation. 24.30.040 Natural Environment A. Purpose The purpose of the Natural environment designation is to protect those shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions intolerant of human use. These systems require that only very low -intensity uses be allowed in order to maintain the ecological functions and ecosystem -wide processes. B. Designation Criteria A Natural designation should be considered for shoreline areas if any of the following criteria apply: 1. The shoreline is ecologically intact and therefore currently performing an important, irreplaceable function or ecosystem -wide process that would be damaged by human activity; 2. The shoreline is considered to represent ecosystems and geologic types that are of particular scientific and educational interest; or 3. The shoreline is unable to support new development or uses without significant adverse impacts to ecological functions or risk to human safety; Such shoreline areas include largely undisturbed portions of shoreline areas such as wetlands, estuaries, unstable bluffs, coastal dunes, spits, and ecologically intact shoreline habitats. Planning Board Recommended DRAFT City of Edmonds SMP Page 25 of 159 Packet Page 244 of 411 Ecologically intact shorelines, as used here, means those shoreline areas that retain the majority of their natural shoreline functions, as evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, ecologically intact shorelines are free of shoreline structural modifications, structures, and intensive human uses. In forested areas, they generally include native vegetation with diverse plant communities, multiple canopy layers, and the presence of large woody debris available for recruitment to adjacent water bodies. Recognizing that there is a continuum of ecological conditions ranging from near natural conditions to totally degraded and contaminated sites, this term is intended to delineate those shoreline areas that provide valuable functions for the larger aquatic and terrestrial environments which could be lost or significantly reduced by human development. Whether or not a shoreline is ecologically intact is determined on a case -by - case basis. The term "ecologically intact shorelines" applies to all shoreline areas meeting the above criteria ranging from larger reaches that may include multiple properties to small areas located within a single property. C. Area Designated The Natural Designation includes all natural diverse wetland and riparian habitat areas within shoreline management jurisdiction. These include, but are not limited to: The Edmonds Marsh and the historically contiguous wetland to the east of State Route 104. 2. The Shell Creek wetland and lower riparian zone, and the wetlands which are now isolated on the east side of the railroad tracks, which are partially or entirely within 200 feet of the ordinary high water mark of Puget Sound. D. Management Policies 1. Any use that would substantially degrade the ecological functions or natural character of the Natural shoreline area should not be allowed. 2. The following new uses should not be allowed in areas designated Natural: a. Residential b. Commercial uses, c. Industrial uses, d. Non -water -oriented recreation, e. Roads, utility corridors, and parking areas that can be located outside Natural - designated shorelines. Planning Board Recommended DRAFT City of Edmonds SMP Page 26 of 159 Packet Page 245 of 411 3. Scientific, historical, cultural, educational research uses, and low -intensity, water - oriented recreational access uses may be allowed, provided that no significant ecological impact on the area will result. 4. New development or significant vegetation removal that would reduce the capability of vegetation to perform normal ecological functions should not be allowed. Subdivision of property in a configuration that would, to achieve its intended purpose, require significant vegetation removal or shoreline modification that adversely impacts ecological functions should not be allowed. 5. Critical areas within shorelines designated as Natural should be protected pursuant to the Edmonds Critical Areas Ordinance, less the exceptions listed in ECDC 24.40.020.C. 6. Restoration opportunities should be encouraged in areas with a Natural designation. 24.30.050 Urban Conservancy Environment A. Purpose The purpose of the Conservancy designation is to protect and restore ecological functions of open space, floodplains, and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. B. Designation Criteria The Urban Conservancy environment is applied to shoreline areas within the City where any of the following characteristics apply: 1. They are suitable for water -related or water -enjoyment uses; 2. They are open space, flood plain or other sensitive areas that should not be more intensively developed; 3. They have potential for ecological restoration; 4. The retain important ecological functions, even though partially developed; or 5. They have the potential for development that is compatible with ecological restoration. C. Area Designated Areas generally lying upland of the ordinary high water mark and in between the southern boundary of the City and the south side of the old Union Oil dock, the Willow Creek outlet of the Edmonds Marsh, between the southern edge of the area known as Brackett's Landing South and the southern edge of the Main Street ferry terminal, and from the northern edge of Planning Board Recommended DRAFT City of Edmonds SMP Page 27 of 159 Packet Page 246 of 411 the Main Street ferry terminal to the northern boundary of the area known as Brackett's Landing North, including the spit, and to the east as far as the Burlington Northern Santa Fe railroad right-of-way. D. Management Policies Uses that preserve the natural character of the area or promote preservation of open space or sensitive lands either directly or over the long term should be the primary allowed uses in Conservancy areas. 2. Uses that result in restoration of ecological functions should be allowed if the use is otherwise compatible with the purpose of the Conservancy designation and the setting. Public access and public recreation objectives should be implemented in Conservancy areas whenever feasible. 4. Water -oriented uses should be given priority over non -water -oriented uses. For shoreline areas adjacent to commercially navigable waters, water -dependent uses should be given highest priority. 5. New development should be designed and located to preclude the need for shoreline armoring, vegetation removal, flood control, and other shoreline modifications. 6. Restoration opportunities should be encouraged in Conservancy areas. 7. Standards should be established for shoreline stabilization measures, vegetation conservation, water quality, and shoreline modifications within Conservancy areas. These standards shall ensure that new development does not result in a net loss of shoreline ecological functions or further degrade other shoreline values. 24.30.060 Shoreline Residential A. Purpose The purpose of the shoreline residential environment is to accommodate residential development and appurtenant structures that are consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses. B. Designation Criteria General. These are areas typified by residential development in areas where topography, transportation systems, and development patterns make it extremely unlikely that more intensive use would be appropriate. Planning Board Recommended DRAFT City of Edmonds SMP Page 28 of 159 Packet Page 247 of 411 2. Shoreline Residential I: This designation is appropriate for shoreline areas with larger -lot residential development along the marine shoreline. 3. Shoreline Residential IL• This designation is appropriate for shoreline areas with smaller - lot residential development along the marine shoreline. 4. Shoreline Residential III: Designation for single-family residential development adjacent to freshwater (e.g., Lake Ballinger). C. Area Designated General. A shoreline residential environment designation has been assigned to shoreline areas that are predominantly single-family or multifamily residential development or are planned and platted for residential development. There are three levels of shoreline residential environment designations corresponding to the Edmonds zoning and comprehensive plan designations. The areas which are appropriate for this classification are as follows: 2. Shoreline Residential I: The upland area adjacent to the eastern boundary of the Urban Railroad environment designation which is zoned RS-12 and RS-20. 3. Shoreline Residential II: The upland area adjacent to the eastern boundary of the Urban Railroad environment designation which is zoned RS-6. 4. Shoreline Residential III: The upland area adjacent to the shoreline of Lake Ballinger which is zoned RSW-12. D. Management Policies Multi -lot residential and recreational developments should provide public access and joint use for community recreational facilities when consistent with statutory and constitutional limitations on development exactions. 2. Commercial development within the shoreline residential environment should be limited to water -oriented uses. Commercial development does not include lawful home occupations. 3. Structurally engineered shoreline modifications and stabilization should be prohibited except in cases of emergency as defined. 4. Steep slopes shall be protected per the requirements of ECDC 23.80, the building code, and this SMP. 5. Any new development or redevelopment should utilize low impact development techniques where feasible and appropriate. Planning Board Recommended DRAFT City of Edmonds SMP Page 29 of 159 Packet Page 248 of 411 6. Standards for density or minimum frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality shall be set to assure no net loss of shoreline ecological functions, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. 7. Access, utilities, and public services should be available and adequate to serve existing needs and/or planned future development. 24.30.070 Urban Mixed Use A. Purpose The purpose of the urban mixed -use environment is to provide for high -intensity, water - oriented commercial, transportation, and industrial uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. B. Designation Criteria 1. General. These areas have been intensely developed with a mix of commercial uses, port facilities, multimodal transit facilities, railroad facilities, and limited light industrial uses. Two very distinct areas make up the three Urban Mixed -Use environments. The Edmonds waterfront area west of the railroad tracks which has the abilitv to nroN direct access to the navigable waters of the Puget Sound and the near waterfront area east of the railroad tracks with no direct access to Puget Sound. A policy of the Shoreline Management Act is to plan for and foster all reasonable and appropriate uses and the shoreline master program rules generally prohibit nonwater-oriented development unless navigability is severely limited. Given these two distinct areas, the Urban Mixed -Use environments west of the railroad tracks is appropriate for water -oriented development, while the area east of the railroad tracks may be appropriate for nonwater-oriented development ,given its separation from Puget Sound. The environmental differences between the Urban Mixed -Use environments are further emphasized by the City of Edmonds Comprehensive Plan designation and zoning applied to these areas. West of the railroad tracks the comprehensive plan designation and zoning encourage water -oriented type development and uses, while east of the railroad tracks the comprehensive plan designation and zoning encourage mixed -use type development, including mixed commercial -residential development. 2. Urban Mixed -Use I: This designation is appropriate to water -related and water - enjoyment commercial and recreational uses. Planning Board Recommended DRAFT City of Edmonds SMP Page 30 of 159 Packet Page 249 of 411 3. Urban Mixed -Use II: This designation is assigned to areas that are suitable and planned for high -intensity, water -dependent uses related to commerce, transportation, and recreation. 4. Urban Mixed -Use III: The designation is appropriate for those areas that have been intensely developed and that have no direct access to navigable waters. This designation is assigned to areas that are suitable and planned for mixed -use development including high -intensity, commerce, transportation, recreation and residential development. C. Area Designated Urban Mixed -Use I: The upland area above ordinary high water north of the northern border of the Edmonds fishing pier to the southern edge of the area known as Brackett's Landing South. This area would include the waterfront commercial area. 2. Urban Mixed -Use II: The upland area above ordinary high water between the old Union Oil dock and the northern border of the Edmonds fishing pier and between the southern and northern edges of the Main Street ferry terminal. This area would include the Edmonds Marina and associated facilities, as well as the Main Street ferry terminal. 3. Urban Mixed -Use III: a. The upland areas beyond the tidally influenced portions of Edmonds Marsh including portions of Harbor Square on the north side of the marsh and portions of the former UNOCAL oil storage facility on the south side of the marsh. b. The six parcels near the existing ferry terminal bounded by the railroad right-of-way to the west, Main Street, Sunset Avenue North, Bell Street. D. Management Policies In regulating uses in the Urban Mixed -Use environments, first priority should be given to water dependent uses. Second priority should be given to water -related and water - enjoyment uses. Non -water oriented uses may be allowed as part of mixed use developments. Non -water oriented uses may also be allowed in limited situations where they do not conflict with or limit opportunities for water oriented uses or on sites where there is no direct access to the shoreline. 2. Full utilization of existing urban areas should be achieved before further expansion of intensive development is allowed. 3. Reasonable long-range projections of regional economic need should guide the amount of shoreline designated Urban Mixed -Use However, consideration should be given to the potential for displacement of non -water -oriented uses with water -oriented uses when Planning Board Recommended DRAFT City of Edmonds SMP Page 31 of 159 Packet Page 250 of 411 analyzing full utilization of urban waterfronts and before considering expansion of such areas. 4. Where feasible, visual and physical public access should be provided. 5. Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. 6. Any new development or redevelopment should utilize low impact development techniques where feasible and appropriate. 7. Any new development shall include environmental cleanup, restoration of shoreline or other development techniques where feasible and appropriate to assure no net loss of shoreline ecological functions, and shall comply with any relevant state and federal law. 24.30.080 Urban Railroad A. Purpose The purpose of the Urban Railroad environment designation is to identify the 100-foot right- of-way for the Burlington Northern Santa Fe railroad along the Edmonds shoreline. This designation will provide for high -intensity transportation uses while protecting ecological functions. B. Designation Criteria This area has been historically developed and used as a dedicated railroad right-of-way and contains limited improvements which are designed to aid in the transportation of goods and passengers by rail. This shoreline environment area generally contains very few areas of undisturbed natural shoreline. With the exceptions of Lund's Creek estuary, Edmonds Underwater Park, Brackett's landing and part of Marina Beach Park, the entire Edmonds shoreline (more than 90 percent) is armored by the BNSF railroad bed and bulkheads. Most of the BNSF rail bed along the Edmonds shoreline consists of an armored berm with two sets of parallel tracks on top, comprising a top width of at least 24 feet or more and a wider base width. The waterward side of the berm is typically armored with large rock or granite blocks, placed vertically or on a 2:1 slope. C. Area Designated The area is defined as that area within the Burlington Northern Santa Fe Railway right-of- way as established on the date of the adoption of this master program, from the northern Planning Board Recommended DRAFT City of Edmonds SMP Page 32 of 159 Packet Page 251 of 411 right-of-way line of Main Street to the northern city limits, and from the southern city limits north approximately 300 feet. D. Management Policies 1. Restoration opportunities associated with project impacts should be encouraged in areas designated Urban Railroad. 2. Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. Part IV General Policies & Regulations 24.40.000 Applicability The provisions of this chapter shall be applied either generally to all shoreline areas or to shoreline areas that meet the specified criteria of the provision without regard to environment designation. 24.40.010 Archaeological and Historic Resources A. Applicability. The following provision apply to archaeological and historic resources whose presence are either recorded at the State Historic Preservation Office and/or by the City of Edmonds or such resources that are uncovered during development activities. Archaeological sites located both in and outside shoreline jurisdiction are subject to chapter 27.44 RCW (Indian graves and records) and chapter 27.53 RCW (Archaeological sites and records) and development or uses that may impact such sites shall comply with chapter 25-48 WAC as well as the provisions of this section. B. Regulations: 1. Where practicable, consistent with constitutional and statutory limitations, public or private developments shall be prevented from destroying or destructively altering potential or recognizable sites having historic, cultural, scientific, or educational value as identified by appropriate authorities. 2. The city may require that a site be redesigned or that development be postponed for a definite or indefinite period if this is reasonably necessary to protect a historic site or items of historic, archeological or cultural significance 3. Upon receipt of application for a shoreline permit or request for a statement of exemption for development on properties with 500 feet of a site known to contain an historic, cultural or archaeological resource(s), the City shall require a cultural resource site assessment; provided that, this requirement may be waived if the Administrator Planning Board Recommended DRAFT City of Edmonds SMP Page 33 of 159 Packet Page 252 of 411 determines that the proposed development activities do not include any ground disturbing activities and will not impact a known historic cultural or archaeological site. The site assessment shall be conducted by a professional archaeologist or historic preservation professional, as applicable, to determine the presence of significant historic or archaeological resources. The fee for the services of the professional archaeologist or historic preservation professional shall be paid by the landowner or responsible party. 4. Whenever historic, cultural or archaeological sites or artifacts are discovered in the process of development on shorelines, work on that portion of the development site shall be stopped immediately, the site secured and the find reported as soon as a possible to the Administrator. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation and appropriate Native American Tribes. In such cases, the developer shall allow site inspection and evaluation by a professional archaeologist and tribal representative to ensure that all possible valuable archaeological data are properly salvaged. Work should not resume until approval is obtained from the Shoreline Administrator. 24.40.020 Critical Areas A. Applicability. Critical areas include the following areas and ecosystems: wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. B. The City of Edmonds Critical Area Ordinance, as codified in Chapters 23.40 through 23.90 ECDC (dated November 23, 2004, Ord. 3527), are herein adopted as a part of this Program, except for the specific subsections list below in ECDC 24.40.020.C. All references to the City of Edmonds Critical Area Ordinance in this Program are for this specific version. As a result of this incorporation of the Edmonds Critical Area Ordinance, the provisions of Chapters 23.40 though 23.90 ECDC, less the exceptions listed in ECDC 24.40.020.C, shall apply to any use, alteration or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. In addition to the critical area regulations in Chapters 23.40 through 23.90 ECDC (-) of this Master Program), the regulations identified in this section also apply to critical areas within shoreline jurisdiction. Where there are conflicts between the City of Edmonds Critical Area Ordinance and this Shoreline Master Program, provisions of the Shoreline Master Program shall prevail. C. The specific provisions of the Critical Area Ordinance listed below may only be implemented within shoreline jurisdiction through the shoreline variance process; 1. Wetlands: a. ECDC 23.50.040.F.3. Any shoreline project that proposes going beyond a 25% buffer reduction through the mechanisms described in ECDC 24.40.020.E.3 would require a shoreline variance. No variance is required for wetland buffer reductions consistent with ECDC 24.40.020.E.3. Planning Board Recommended DRAFT City of Edmonds SMP Page 34 of 159 Packet Page 253 of 411 2. Geologically Hazardous Areas: a. ECDC 23.80.040.B.I & 2: Allowed activities in geologically hazardous areas b. ECDC 23.80.070.A. Lb & A.2: Buffer reduction and alterations 3. Fish and Wildlife Habitat Conservation Areas a. ECDC 23.90.040.D.2: Reduced buffer widths b. ECDC 23.90.040.D.4: Additions to structures existing within stream buffers D. Exceptions. The specific provisions of the Critical Area Ordinance listed below shall not apply to development within shoreline jurisdiction. 1. General Provisions: a. Provisions of chapter 23.40 ECDC relating to reasonable economic use of property do not apply to property with shoreline jurisdiction; specifically ECDC 23.40.000 and ECDC 23.40.210(2). b. ECDC 23.40.130.D: Monitoring Program c. ECDC 23.40.210: Variance d. ECDC 23.40.220.C.8: Minor Site Investigation Work e. ECDC 23.40.230: Exemptions 2. Wetlands: a. ECDC 23.50.010.B: Wetland Ratings b. ECDC 23.50.040.F.1: Standard Buffer Widths c. ECDC 23.50.040.F.4: Wetland Buffer Width Averaging. d. ECDC 23.50.040.F.8.b: Passive Recreation e. ECDC 23.50.040.I: Exemptions f. ECDC 23.50.050.F: Mitigation Ratios g. ECDC 23.50.050.G: Wetlands Enhancement as Mitigation E. Development limitations. Planning Board Recommended DRAFT City of Edmonds SMP Page 35 of 159 Packet Page 254 of 411 1. All uses, modifications and activities on sites containing marine shorelines, environmentally sensitive areas and/or critical areas must comply with all applicable local, state, and federal laws pertaining to development in these areas unless in conflict with the provisions of this Master Program. 2. The site must be specifically designed so that hazards from or impact on the environmentally sensitive area and/or critical areas will be mitigated. 3. Mitigation sequencing. In order to comply with ECDC 24.40.020.E.2 above, a shoreline permit applicant or project proponent shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not have significant adverse impacts. Mitigation shall occur in the following prioritized order: a. Avoiding the impact altogether by not taking a certain action or parts of an action. b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps, such as project redesign, relocation, or timing to avoid or reduce impacts. Rectifying the impact 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. d. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action. e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. 4. Monitoring Program. Mitigation plans 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 1, 2, 3, 5, 7, and 10 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 ten years. 5. Long-term Protection of Mitigation Sites. The City shall require documentation that a mitigation site has been permanently preserved from future development or alteration that would be inconsistent with the functions of the mitigation. The documentation may include, but is not limited to, a conservation easement, deed restriction or other agreement between the applicant and the owner of a mitigation site. Such documentation shall be recorded with the Snohomish County auditor. Planning Board Recommended DRAFT City of Edmonds SMP Page 36 of 159 Packet Page 255 of 411 F. Wetlands. Wetlands are those areas, designated in accordance with WAC 173-22-035 that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. Wetlands shall be rated according to the Washington State wetland rating system for western Washington (Washington State Wetland Rating System for Western Washington — Revised, Ecology Publication #04-06-025) or as revised by Ecology. This document contains the definitions and methods for determining the criteria and parameters defining the following wetland rating categories: a. Category I. Category I wetlands are: 1) relatively undisturbed estuarine wetlands larger than 1 acre; 2) wetlands that are identified by scientists of the Washington Natural Heritage Program/DNR as high quality wetlands; 3) bogs; 4) mature and old - growth forested wetlands larger than 1 acre; 5) wetlands in coastal lagoons; or 6) wetlands that perform many functions well (scoring 70 points or more). b. Category IL Category II wetlands are: 1) estuarine wetlands smaller than 1 acre, or disturbed estuarine wetlands larger than 1 acre; 2) interdunal wetlands larger than 1 acres; 3) disturbed coastal lagoons or 4) wetlands with a moderately high level of functions (scoring between 51-69 points). Category III. Category III wetlands are: 1) wetlands with a moderate level of functions (scoring between 30 and 50 points); or 2) interdunal wetlands between 0.1 and 1 acre in size. d. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 30 points) and are often heavily disturbed. 2. Development in designated wetlands within shoreline jurisdiction shall be regulated in accordance with the following: a. Buffer Requirements. The standard buffer widths in ECDC 24.40.020.F.2.b 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. i. The use of the standard buffer widths requires the implementation of the measures in ECDC 24.40.020.F.2.c, where applicable, to minimize the impacts of the adjacent land uses. Planning Board Recommended DRAFT City of Edmonds SMP Page 37 of 159 Packet Page 256 of 411 ii. If an applicant chooses not to apply the mitigation measures in ECDC 24.40.020.F.2.c, than a 33% increase in the width of all buffer is required. iii. The standard buffer widths assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer should either be planted to create the appropriate plant community or the buffer should be widened to ensure that adequate functions of the buffer are provided. iv. Additional buffer widths are added to the standard buffer widths. For example, a Category I wetland scoring 32 points for habitat function would require a buffer of 225 feet (75 + 150). b. Wetland Buffer requirements for wetlands within City of Edmonds shoreline jurisdiction. Wetland Category Standard Buffer Additional Additional Additional Width buffer width if buffer width if buffer width if wetland scares wetland scares wetland scares 21-25 habitat 26-29 habitat 30-36 habitat points Points points Category I: Based on 75 ft Add 30 ft Add 90 ft Add 150 ft total score Category I: Bogs 190 ft NA NA Add 35 ft Category I: Forested 75 ft Add 30 ft Add 90 ft Add 150 ft Category I: Estuarine 150 ft NA NA NA Category II (all) 75 ft Add 30 ft Add 90 ft Add 150 ft Category III all 60 ft Add 45 ft Add 105 ft NA Category IV (all) 40 ft NA NA NA c. Required measures to minimize impacts to wetlands. Measures are required, 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 • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10' heavily vegetated buffer strip immediately adjacent to the out wetland buffer Toxic runoff • Route all new, untreated runoff away from wetland Planning Board Recommended DRAFT City of Edmonds SMP Page 38 of 159 Packet Page 257 of 411 while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 feet of wetland • Apply integrated pest management Stormwater runoff • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use Low Impact Development techniques (per PSAT publication on LID techniques) Change in water regime • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance • Use privacy fencing OR plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement Dust • Use best management practices to control dust Disruption of corridors or • Maintain connections to offsite areas that are connections undisturbed • Restore corridors or connections to offsite habitats by replanting d. Where wetland or buffer alterations are permitted by the City of Edmonds, the applicant shall mitigate impacts to achieve no not loss of wetland acreage and functions. Compensatory mitigation shall be provided according to Wetlands in Washington State, Volume 2: Guidance for Protecting and Managing Wetlands, Appendix 8-C, Table 8-C11, Ecology Publication #05-06-008, or as revised by Ecology. Buffer width Reductions Though Buffer Enhancement. At the discretion of the Edmonds development services director, 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 III and IV wetlands only. Approval of a wetland buffer enhancement plan shall, at the discretion of the director, allow for wetland buffer with reduction to no less than 25 percent of the standard width; provided, that: i. The plan provides evidence that wetland functions and values will be increased or retained through plan implementation to at least the level provided by a standard buffer or through additional mitigation; Planning Board Recommended DRAFT City of Edmonds SMP Page 39 of 159 Packet Page 258 of 411 ii. 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; iii. The plan requires monitoring and maintenance to ensure success in accordance with ECDC 24.40.020.E.4; and iv. The plan specifically documents methodology and provides performance standards for assessing increases in wetland buffer functioning as related to: 1. Water quality protection; 2. Provision of wildlife habitat; 3. Maintenance of wetland hydrology; and 4. Restricting wetland intrusion and disturbance. f. Wetland Buffer Width Averaging. The director may allow modification of a standard 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. Only those portions of a wetland buffer existing with the project area or subject parcel shall be considered for buffer averaging. Averaging of buffer widths may only be allowed where a qualified professional wetland scientist demonstrates that: i. It will not reduce the function and value of wetlands or associated buffers; ii. 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 by adversely impacted by narrower buffer in other places; iii. The total area contained in the buffer area, or the total buffer area existing on a subject parcel for wetland extending off -site, after averaging is no less than that which would be contained within a standard buffer; and iv. The buffer width at any single location is not reduced to less than 25 percent of the standard buffer width. g. Physically Separated and Functionally Isolated Buffers. i. Areas which are both physically separated and functionally isolated from a wetland and do not protect the wetland from adverse impacts due to preexisting public roads, structures, or similar circumstances, shall be excluded from the buffers otherwise required by this subsection. ii. A critical area report prepared by a qualified professional is required to determine whether the buffer is functionally isolated. Planning Board Recommended DRAFT City of Edmonds SMP Page 40 of 159 Packet Page 259 of 411 h. Passive Recreation. The following passive recreation facilities may be permitted within a wetland buffer provided the facilities are designed and in accordance with an approved critical area report: i. Walkways and trails; provided, that those pathways are limited to minor crossings having no adverse impact on water quality. They should be generally parallel to the perimeter of the wetland, located only in the outer twenty-five percent (25%) of the wetland buffer area, and located to avoid removal of significant trees. They should be limited to pervious surfaces no more than five (5) feet in width for pedestrian use only. Raised boardwalks utilizing non -treated piling may be acceptable; ii. Wildlife viewing structures; and iii. Fishing access areas down to the water's edge that shall be no larger than six feet. Additions to structures existing within wetlands and/or wetland buffers may be permitted pursuant to ECDC 23.50.040.H. Additions to structures within wetlands will also require state and federal approval. G. Geologically hazardous areas. Development in designated geologically hazardous areas shall be regulated in accordance with the following: New development or the creation of lots should not be allowed that would cause foreseeable risk from geological conditions to people or improvements during the life of the development. 2. New development should not be allowed that would require structural shoreline stabilization over the normal, useful life of the development. Exception may be made for instances where stabilization is necessary to protect allowed uses where no alternative locations are available and no net loss of ecological functions will result. The stabilization measures shall conform to ECDC 24.50.020, Shoreline stabilization. 3. Where no alternatives, including relocation or reconstruction of existing structures, are found to be feasible, and less expensive than the proposed stabilization measure, stabilization structures or measures to protect existing primary residential structures may be all in conformance with ECDC 24.50.020 requirements and then only if no net loss of ecological functions will result. H. Critical Saltwater Habitats. 1. Development shall not intrude into or over critical saltwater habitats except when all of the conditions below are met: a. The public's need for such an action or structure is clearly demonstrated and the proposal is consistent with protection of the public trust, as embodied in RCW 90.58.020; Planning Board Recommended DRAFT City of Edmonds SMP Page 41 of 159 Packet Page 260 of 411 b. Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible or would result in unreasonable and disproportionate cost to accomplish the same general purpose. The project, including any required mitigation, will result in no net loss of ecological functions associated with critical saltwater habitat. d. The project is consistent with the state's interest in resource protection and species recovery. 2. Private, non-commercial docks for individual residential or community use may be allowed provided that: a. Avoidance of impacts to critical saltwater habitats by an alternative alignment or location is not feasible; b. The project, including any required mitigation, will result in not net loss of ecological functions associated with critical saltwater habitat. 3. Where inventory of critical saltwater habitat has not been completed, all over water and near -shore developments in marine and estuarine waters shall be required to conduct an a habitat assessment of the site and adjacent beach sections to assess the presence of critical saltwater habitats and functions. I. Critical Freshwater Habitats. 1. Existing hydrological connections into and between water bodies, such as streams and wetlands, shall be maintained. Obstructed channels shall be reestablished as a condition of nonwater-dependent uses, where feasible. J. Additional authority. In addition to any other authority the city may have, the city is hereby authorized to condition or deny a proposed use, modification or activity or to require site redesign because of hazards associated with the use, modification or activity on or near an environmentally sensitive and/or critical area, and/or the effect of the proposal on the environmentally sensitive area and/or critical area. 24.40.030 Flood Hazard Reduction A. Applicability. The following provisions apply to actions taken to reduce flood damage or hazard and to uses, development, and shoreline modification that may increase flood hazards. B. Regulations. 1. Development and redevelopment shall be located and designed to prevent the need for structural flood hazard reduction measures. Planning Board Recommended DRAFT City of Edmonds SMP Page 42 of 159 Packet Page 261 of 411 2. Nonstructural flood reduction measures shall be given preference over structural measures. 3. Flood control works shall be permitted when it is demonstrated by engineering and scientific evaluations that: a. They are necessary to protect health/safety and or existing development; b. Non-structural flood hazard reduction measures are infeasible; and c. The flood control work will not result in a net loss of ecological function in the shoreline area. 4. New structural flood control works shall be placed landward of associated wetlands, and designated habitat conservation areas, except for works that improve ecological functions, such as wetland restoration. 5. Development within the shoreline environment shall meet the standards and provisions for protection of frequently flooded areas as provided to areas of special flood hazard in the current edition of the International Residential Code and International Building Code, as adopted in ECDC Title 19. 24.40.040 Public Access and Views A. Applicability. Public access includes the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline from adjacent locations. The public access provisions below apply to all shorelines within the City of Edmonds. B. Regulations 1. Except as provided in subsections 2 through 4 of this section, shoreline substantial developments or conditional uses shall provide public access where any of the following conditions are present: a. Where the use or modification will create increased demand for public access to the shoreline, the development shall provide public access to mitigate this impact. b. Where the use or modification will interfere with an existing public access way, the development shall provide public access to mitigate this impact. Where a use which is not a priority shoreline use under the Shoreline Management Act will locate on a shoreline of the state, the use or modification shall provide public access to mitigate this impact. Planning Board Recommended DRAFT City of Edmonds SMP Page 43 of 159 Packet Page 262 of 411 d. Within the Edmonds shoreline jurisdiction, where a use or modification will interfere with a public use of lands or waters subject to the public trust doctrine, the development shall provide public access to mitigate this impact. e. New multifamily residential development. f. Where there is a subdivision of land into more than four parcels. 2. An applicant need not provide public access where one or more the following conditions apply: a. Unavoidable health or safety hazards to the public exist which cannot be prevent by any practical means; b. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; c. The cost of providing the access, easement or an alternative amenity is unreasonably disproportionate to the total long-term cost of the proposed development; d. Unacceptable environmental harm will result from the public access which cannot be mitigated; e. Significant undue and unavoidable conflict between any access provisions and the proposed use/modification and adjacent uses would occur and cannot be mitigated; or, 6. Statutory or constitutional requirements would prohibit the mandatory dedication of access without just compensation or compliance with statutory criteria. 3. In order to meet any of the conditions in subsection 2.a through 2.e of this section, the applicant must first demonstrate and the city determine in its finds that all reasonable alternatives have been exhausted, including but not limited to: a. Regulating access by such means as maintaining a gate and/or limiting hours of use; b. Designing separation of uses and activities (e.g., fences, terracing, use of one-way glazings, hedges, landscaping, etc.); and c. Developing provisions for access at a site geographically separated from the proposal such as street end, vista or trail system. 4. Exceptions. The following uses, developments, modifications and activities are exempt form providing public pedestrian access under this section: a. The construction, repair, remodeling and use of one detached single-family dwelling unit, as well as the construction, remodeling, repair, and use of bulkheads, docks and other Planning Board Recommended DRAFT City of Edmonds SMP Page 44 of 159 Packet Page 263 of 411 uses, modification and activities incidental to the use of the subject property as a detached single-family residence. b. All shoreline uses, modifications and activities in conservancy environments, or environmentally sensitive areas where the city determines that access would create distinct and unavoidable hazards to human safety or be contrary to city policies regarding the protection of unique and fragile environments. 5. Shoreline development by public entities, such as local governments, port districts, state agencies, and public utility districts, should provide public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline. 6. Public Use Facilities. a. In addition to the public pedestrian areas required by subsection 1 of this section, the applicant may propose and/or the city may require that benches, picnic tables, a public access pier or boardwalk, or other public use facilities be constructed on the subject property. b. If public use facilities are required or proposed, the city will determine the size, location and other regulations (design considerations) on a case -by -case basis. 7. Timing. The public pedestrian access required by this section must be completed and available at the time of occupancy or completion of work; provided, however, that the city may on a case -by -case basis defer the physical availability of public access in the following cases: a. If shoreline development without public pedestrian access exists on both sides of the subject property and the city determines that the size, location and topography or the subject property does not warrant making public waterfront access available until additional adjacent waterfront access can be obtained. b. If pre-existing legal or nonconforming improvements on the subject property physically preclude the provisions of public waterfront access within a reasonable period of time. 8. Easements recorded. In each case where public pedestrian access is required, whether it is physically available at the end of development or deferred until a later date, all owners of the subject property must record a public pedestrian easement, in a form approved by the city attorney, establishing the right of the public to access, use and traverse that portion of the subject property. 9. Signs. The city shall require the posting of signs, obtained from the city at the city's cost, designating public pedestrian access. The planning manager or his/her designee is authorized to establish reasonable rules and regulations governing the public's use of public pedestrian Planning Board Recommended DRAFT City of Edmonds SMP Page 45 of 159 Packet Page 264 of 411 access and use areas under this chapter. Where appropriate, these rules and regulations shall be included within the document recorded under subsection 8 of this section. 10. Shoreline uses, modifications and activities shall be designed and operated to avoid blocking, reducing or adversely interfering with the public's existing physical and visual access to the water and shorelines. 11. v o, ,hied View Goffidor-sView Protection Regulations. a. Within the Urban Mixed Use I, Urban Mixed Use II and adjacent Aquatic I and Aquatic II shoreline designations no building or other major structure may be located within the following required view corridors: a-.i. Landward of the ordinary high water mark, a view corridor must be maintained across 30 percent of the average parcel width. The view corridor must be in one continuous piece. Within the view corridor, structures, parking areas, and landscaping will be allowed; provided, that they do not obscure the view from adjacent public right-of- way to and beyond the Puget Sound. This view corridor must be adjacent to either the north or south property line, whichever will result in the widest view corridor given development on adjacent properties. If the subject property has shoreline frontage in excess of 1,000 feet, the city may require a maximum of one-third of the required view corridor to be placed in a location between the north and south property lines, in a location which will provide for the greatest unobstructed view of the Puget Sound. ii. Waterward of the ordinary high water, view corridors which are required pursuant to this section must be maintained starting at a width equal to the adjacent upland view corridor and expanding in a conical fashion 30 degrees from the prolongation of the view corridor water of the ordinary high water mark. b. Within the Urban Mixed Use III designation i. Uses and activities must be designed and operated to avoid blocking or adversely interfering with visual access from public areas to the water and shorelines. 12. Public access provided by shoreline street ends, public utilities and rights -of -way shall not be diminished (RCW 35.79.035 and 36.87.130). 13. Public access sites shall be connected directly to the nearest public street and shall include provisions for disabled and physically impaired persons, where feasible. 14. Public access easements and permit conditions shall be recorded on the deed of title and/or on the face of a plat or short plat as a condition running contemporaneous with the authorized land use, at a minimum. Said recording with the county auditor's office shall occur at the time of permit approval (RCW 58.17.110). Planning Board Recommended DRAFT City of Edmonds SMP Page 46 of 159 Packet Page 265 of 411 15. The minimum width of public access easements shall be 25 feet, unless the administrator determines that undue hardship would result. In such cases, easement width may be reduced only to the minimum extent necessary, as determined by the administrator, to relieve the hardship. Provided the larger easement is not needed for emergency access. 16. Future actions by the applicant successors in interest or other parties shall not diminish the usefulness or value of the public access provided. 17. Visual access shall be maintained, enhanced and preserved on shoreline street ends, public utilities and rights -of -way and within public view corridors as designated by the city. 24.40.050 Shoreline Vegetation Conservation A. Applicability. 1. Vegetation conservation includes activities to protect and restore vegetation along or near marine and freshwater shorelines that contribute to the ecological functions of shoreline areas. Vegetation conservation provisions include the prevention or restriction of plant clearing and earth grading, vegetation restoration, and the control of invasive weeds and nonnative species. 2. Unless otherwise stated, vegetation conservation does not include those activities covered under the Washington State Forest Practices Act, except for conversion to other uses and those other forest practice activities over which local governments have authority. Vegetation conservation provisions apply even to those shoreline uses and developments that are exempt from the requirement to obtain permit. 3. Where new developments and/or uses are proposed, native shoreline vegetation should be conserved to maintain shoreline ecological functions and/or processes and mitigate the direct, indirect and/or cumulative impacts of shoreline development, where feasible. Important functions of shoreline vegetation include, but are not limited to: a. Providing shade necessary to maintain water temperatures required by salmonids, forage fish, and other aquatic biota. b. Providing organic inputs critical for aquatic life. c. Providing food in the form of various insects and other benthic macroinvertebrates. d. Stabilizing banks, minimizing erosion, and reducing the occurrence of landslides. e. Reducing fine sediment input into the aquatic environment through stormwater best management practices. Planning Board Recommended DRAFT City of Edmonds SMP Page 47 of 159 Packet Page 266 of 411 f. Filtering and vegetative uptake of nutrients and pollutants from ground water and surface runoff. g. Providing a source of large woody debris into the aquatic system. h. Regulation of microclimate in the stream -riparian and intertidal corridors. Providing habitat for wildlife, including connectivity for travel and migration corridors. B. Regulations. 1. Alteration of native shoreline vegetation shall only be allowed as set forth below: a. Landscaping or maintenance associated with an existing legal use or new permitted shoreline use or development. The use of native plant species shall be encouraged. b. Removal of noxious weeds as listed by the state in WAC 16-750, provided such activity shall be conducted in a manner consistent with best management practices and native vegetation is promptly reestablish in the disturbed area. Modification of vegetation in association with a legal, nonconforming use provided that said modification is conducted in a manner consistent with this Master Program and results in no net loss to ecological functions or critical fish and wildlife conservation areas. d. Restoration activities conducted in accordance with an approved plan designed to improve ecological functions and values. 2. The removal or disturbance of existing vegetation and the alteration of topography shall be limited to the minimum necessary to accommodate approved shoreline development. 3. Exposed soils shall be immediately developed or revegetated to prevent erosion. 4. Revegetation must be planted such that complete coverage of exposed soils is attained within one growing season. 5. In all cases where clearing is followed by revegetation, native plants shall be preferred. 24.40.060 Water Quality, Stormwater, and Nonpoint pollution A. Applicability. The following provisions applies to all development and uses within shoreline jurisdiction that may affect water quality. Planning Board Recommended DRAFT City of Edmonds SMP Page 48 of 159 Packet Page 267 of 411 B. Regulations. An erosion and sedimentation control plan shall be submitted with a permit application for activities that involve the removal of vegetation, stockpiling of earth or other materials, or any activity that could result in shoreline erosion or siltation. Said program shall conform to the City of Edmonds' stormwater code requirements, Engineering Design Standards and shall at a minimum, utilize Best management Practices (BMPs) to prevent shoreline erosion and siltation. 2. The bulk storage of oil, fuel, chemicals, or hazardous materials, on either a temporary or permanent basis, shall not occur in shoreline without adequate secondary containment and an emergency spill response plan in place. 3. All development approved under this Shoreline Master Program shall be designed and maintained consistent with the City's Stormwater Comprehensive Plan, all codes related to stormwater, and Engineering Design Standards. 4. New development is encouraged to employ Low Impact Development principles and practices such as setbacks, retaining land cover, and reducing impervious areas, and use special caution to avoid infiltration of stormwater in shoreline areas along marine bluffs. Planning Board Recommended DRAFT City of Edmonds SMP Page 49 of 159 Packet Page 268 of 411 24.40.070 Shoreline Development Table: User Guide SDP Listed shoreline development permitted as a Shoreline Substantial Development Permit and subject to the policies and regulations of this Master Program. Pursuant to WAC 173-27-040 and ECDC 24.80.010, certain shoreline uses and modifications may be exempt from the requirements of the substantial development permit process. These exemptions shall be construed narrowly and only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. Developments meeting the exemption from the requirements of the substantial development permit process are still subject to the policies and regulations of this Master Program. SCUP Listed shoreline development may be permitted as Shoreline Conditional Use Permit subject to the policies and regulations of this Master Program. Shoreline developments requiring Shoreline Conditional Use Permits are not subject to the exemptions in WAC 173-27-040 or ECDC 24.80.010. X I Listed shoreline development is prohibited. * Prohibited shoreline development is subject to specific exceptions. See Shoreline Area Regulations section for the listed shoreline development. - Permitted shoreline development is subject to specific limitations on where and/or when development may be permitted. See Shoreline Area Regulations for the listed shoreline development. 24.40.080 Shoreline Development Table: Shoreline Development Permitted by Area Designation' Shoreline Development Shoreline Area Designation Urban Railroad Urban Mixed Use I Urban Mixed Use II Urban Mixed Use III Shoreline Residential I Shoreline Residential II Shoreline Residential III Aquatic I Aquatic II Conservancy Natural A uaculture X SCUP SCUP SCUP SPX SPX X SCUP XCCUP SCUP SCUP Artwork SDP SDP SDP SDP SDP SDP SDP X*Z X*2 SDP SDP Boating Facilities Launch Rams X SDP SDP X X X X X X X X Marinas X SDP SDP X X X X X X X X Covered Over -water structures X X X X X X X X X X X Planning Board Recommended DRAFT City of Edmonds SNIP Page 50 of 159 Packet Page 269 of 411 Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Mixed Use Mixed Residential I Residential II Residential III Use I II Use III Commercial and Light Industrial Water - orientate X SDP SDP SDP X X X X X X X ed Nonwater- orient X SDP- SDP- SDP X X X X X X X ed Dredging SCUP SCUP SCUP X" X* X* SCUP SCUP SCUP SCUP X Landfill SCUP SDP SDP SDP SDP SDP SDP SCUP SCUP SCUP SCUP - Moorage: Piers, Docks, and Floats Commercial X SDP SDP X X X X X SDP X X Private, Public, X SDP SDP X SDP SDP SDP SDP SDP SDP X" and Shared Aircraft X X X* X X X X X X` X X" Recreation X SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP Residential Detached Residential X X X SIX SDP SDP SDP X X X X (Single-family) Attached or stacked Residential X X X SDP X X X X X X X (Multi -family) Shoreline Stabilization Groins SDP SDP SDP X X X X SCUP SCUP SCUP X Breakwaters jetties SDP SDP SDP X X X X SCUP SCUP SCUP X` and Bulkheads and similar SDP SDP SDP SCUP X X SDP X* X* SCUP X structures Bioengineering SDP SDP SDP SDP X X SDP SDP- SDP- SDP X Gabions X X X X X X X X X X X Planning Board Recommended DRAFT City of Edmonds SMP Page 51 of 159 Packet Page 270 of 411 Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Mixed Use Mixed Residential I Residential II Residential III Use I 11 Use III Signs SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP Transportation Railroads SDP SDP SDP X X X X X* X* X X Ferry Terminals SCUP SDP SDP SDP X X X SCUP SCUP X X Parking — supporting 40 associated SDP SDP SDP SDP X X X X SCUP- X water - de endantuse Parking — not supporting an associated SDP SCUP- SCUP- SDP X X X X X SCUP- X water - de endantuse Other SCUP SDP SDP SDP SDP SDP SDP SDP SDP SCUP- SCUP - Utilities SDP SDP SDP SDP SDP SDP SDP SDP SDP SDP SCUP In the event that there is a conflict between the development(s) identified in this Table 24.40.080 and the policies and/or regulations with the text of this Master Program, the policies and regulations within the text shall apply. z: Artwork associate with a permitted use in the Aquatic I or Aquatic II designation may by permitted; otherwise it is a prohibited use. Planning Board Recommended DRAFT City of Edmonds SMP Page 52 of 159 Packet Page 271 of 411 24.40.090 Shoreline Bulk and Dimensional Standards The following table establishes shoreline -specific development standards in the different shoreline environment designations. Setbacks represent minimum bps distances and may be larger if a critical area is present consistent with ECDC 24.40.020 and Title 23 ECDC. Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural Railroad Mixed Use Mixed Use Mixed Use Residential I Residential II Residential III I II III A uaculture - Over Water Structures Shore Setback' (w+rward N/A N/A N/A N/A 4-50ON/A 150ON/A N/A N/A N/A 4-500N/A N/A ordinary high) Maximum Hei ht above dec of 3 ft 3 ft 3 ft 3ft 3-€1N/A 344N/A N/A 3 ft �NWA3 ft. BEN/A 3 ft overwater structure Commercial and Light Industrial Development Water Dependent Commercial Use Shore Setback N/A 0' 0' 0' N/A N/A N/A N/A N/A N/A N/A Sid4 Setback's N/A 0' z o' z Varies N/A N/A N/A N/A N/A N/A N/A Ma imum N/A 30' 35' N/A N/A N/A N/A N/A N/A N/A Hei ht16 Maximum N/A None None None N/A N/A N/A N/A N/A N/A N/A Coverage All Other Commercial and Li ht Industrial Develo ment Shoe Setback N/A 15' 15' 2-5-150'" N/A N/A N/A N/A N/A N/A N/A Side Setback (co ercial/ N/A 0'/152,3 0'/15' 2,3 Varies N/A N/A N/A N/A N/A N/A N/A res i ential 15 MaTimum N/A 30' 30' 35'4-6 N/A N/A N/A N/A N/A N/A N/A Heiht He Maximum N/A None None None N/A N/A N/A N/A N/A N/A N/A Coverage Planning Board Recommended DRAFT City of Edmonds SMP Page 53 of 159 Packet Page 272 of 411 Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Shoreline Shoreline Shoreline Aquatic I Aquatic 1I Conservancy Natural Railroad Mixed Use Mixed Use Mixed Use Residential I Residential 11 Residential III I II III Recreation Shoe Setback N/A 15' 15' 15'17 N/A N/A 35' N/A N/A 50' N/Ala Maximum N/A 30'116 30916 35'16 25"' 25"' 25'16 154 15' 4 25' 25' Hei ht Maximum era e N/A None None None 35% 35% 35% N/A N/A 10% or 4,000 N/A Co s ware feet Maximum N/A N/A N/A N/A N/A N/A N/A N/A N/A 20% or 10,000 N/A imporvious sq uare feet Residential Development Shoe Setback N/A N/A N/A 2-i�150i17 N/A N/A 35' N/A N/A N/A N/A Bluff Setback N/A N/A N/A N/A 50' 13 N/A N/A N/A N/A N/A N/A Ma imum N/A N/A N/A 35'" 25' 25' 25' N/A N/A N/A N/A Hei ht— Minimum Lot N/A N/A Varies 11 6,000 sq ft 12,000 sq ft N/A N/A N/A N/A Area S . Ft.)N/A Maximum 6 N/A N/A N/ N/ Varies12 7.3 3.7 N/A N/A N/A N/A Densi Maximum N/A N/A N/A N/A 35% 35% 35% N/A N/A N/A N/A Covera e Transportation and Parkin Parkin Uncovered Parkin Shoe Setback 1 60' 1 60' 60'7 2S 50'17 N/A N/A N/A N/A N/A 60' N/A Structured Parkin Shoe Setback N/A I N/A N/A -2-5 150'17 N/A N/A N/A N/A N/A N/A N/A Max um N/A N/A N/A 35' 16 N/A N/A N/A N/A N/A N/A N/A ht HeiFerry Terminals Maximum Height 30' 30' 30' 30' N/A N/A N/A 35' 35' N/A N/A Railroads Maximum 25' 9 30' 9 30' 9 N/A N/A N/A N/A N/A N/A N/A N/A Height Property line 5' 5' 5' N/A N/A N/A N/A N/A N/A N/A N/A Planning Board Recommended DRAFT City of Edmonds SMP Page 54 of 159 Packet Page 273 of 411 setbacks 10 21 Planning Board Recommended DRAFT City of Edmonds SMP Page 55 of 159 Packet Page 274 of 411 Shoreline Shoreline Area Designation Development Urban Urban Urban Urban Shoreline Shoreline Shoreline Aquatic I Aquatic II Conservancy Natural railroad Mixed Use Mixed Use Mixed Use Residential I Residential II Residential III I II III All Other Develo went Shoe Setback N/A 15' 15' 2-5150'17 N/A N/A 35' N/A N/A 50' N/A14 MaTimam 25' 30' 30' 35'16 25' 25' 25' 25' 35'/15' 10 25' 25' Heiht16 He Minimum Lot N/A None None None Varies" 6,000 sq ft 12,000 sq ft N/A N/A N/A N/A Area (Sq. Ft. Maximum N/A N/A N/A N/A Varies12 7.3 3.7 N/A N/A N/A N/A Maximum Coverage none none none None 35% 35% 35% N/A N/A 10% 10% 1 ' Aquaculture pens shall be no closer to the shoreline than the identified distance. 2 ' See ECDC 24.40.040.B.11 for view corridor requirements. 3 : No side setback is required from adjacent commercial property. A minimum 15-foot setback is required from lot line adjacent to shoreline residential environments. The area must be fully landscaped and include a minimum six-foot high fence or hedge. 4 ' Above ordinary high water mark. 5 Iddonabb- ' Thirty-five feet total of both sides, 10 feet minimum on either side. 6 : Densitymeans "dwelling units per acre" determined b dividing the total lot area b the density allowed b the underlying zoning; the number of lots or units ermitted shall be rounded g P Y g Y h' Y Y g g; P down to the nearest whole number. 7 ' In the Urban Mixed Use II zone, the 60-foot setback for parking maybe reduced by a maximum of 20 feet. See ECDC 24.60.080.D.2.c. 8 ' Subject to exceptions, see ECDC 24.60.070.C.10. 9 ' Subject to exceptions, see ECDC 24.60.078080.D.1.b.xiii.I through ECDC 24.60.070080.D.l.b.xiii.4. 10 . Accessory structures for the sale of gas, oil and live bait, shall not exceed 15 feet above the height of the dock or pier. 11 . Varies between 12,000 and 20,000 square feet per site depending on the underlying zoning. 12 : Varies between 3.7 and 2.2 dwellingunits per acre depending on the underlying zoning. Density means "dwelling units per acre" determined b dividing the total lot area b the density P P g Y g g• ty g P Y g Y h' allowed by the underlying zoning; the number of lots or units permitted shall be rounded down to the nearest whole number. 13 . May be reduced through the shoreline variance process pursuant to ECDC 24.40.020.C.3. 14 : Three areas within the City of Edmonds have the natural environment designation: Edmonds Marsh, Shell Creek Wetland, and Perrinville Creek Wetland. All three areas are separated from the Puget Sound by the railroad right-of-way. 15 . Side setback determined by the underlying zoning. No required side setback in the BD2, CG, or MP2 zones. Five foot side setback in the OR zone, 16 : The maximum height limit shall be determined b the underlying comprehensive planning document and zoning designation. Height limits greater than 35 feet shall be supported b view g Y Y g P P g g g g g PP Y analysis and structures designed to minimize impacts on public views. 17 Fences within the shore setback of the Urban Mixed Use III zone that create separate areas for public and private uses should not be allowed. Planning Board Recommended DRAFT City of Edmonds SMP Page 56 of 159 Packet Page 275 of 411 Part V Specific Modification Policies & Regulations. 24.50.000 Applicability. Shoreline modification activities are structures or actions that permanently change the physical configuration or quality of the shoreline, particularly at the point where land and water meet. Shoreline modifications include but are not limited to structures such as bulkheads and piers and actions such as clearing, grading and removing vegetation. Generally, shoreline modifications are undertaken to prepare for a shoreline use, to support and upland use, or to provide shoreline stabilization or defense from erosion. 24.50.010 General Modification Policies and Regulations A. General Modification Policies. 1. Locate and design all new development in a manner that prevents or minimizes the need for shoreline modifications. 2. Ensure that shoreline modification, where permitted, are as compatible as possible with natural shoreline processes and character. 3. Regulate shoreline modifications to assure that modifications individually and cumulatively do not result in a net loss of ecological functions. Mitigation may be required to meet the no net loss standard. 4. Give preference to those types of shoreline modifications that have a less impact on ecological functions and require mitigation of identified impacts resulting from shoreline modifications. 5. Incorporate all feasible measures to protect ecological shoreline functions and ecosystem - wide processes in the placement and design of shoreline modifications. To avoid and reduce ecological impacts, the mitigation sequence in ECDC 24.40.020.EE.3 shall be utilized. B. General Shoreline Modification Regulations 1. Shoreline modification activities that do not support a permitted shoreline use are considered "speculative" and are prohibited by this Master Program, unless it can be demonstrated to the satisfaction of the Shoreline Administrator that such activities are in the public interest and necessary and for the maintenance of shoreline environmental resource values. Planning Board Recommended DRAFT City of Edmonds SMP Page 57 of 159 Packet Page 276 of 411 2. Structural shoreline modification measures shall be permitted only if nonstructural measures are unable to achieve the same purpose. Nonstructural measures considered shall include alternative site designs, increased setbacks, relocation, and bioengineering. 3. Shoreline modification activities, with the exception of restoration or enhancement efforts, are prohibited in wetlands, and undeveloped spits, hooks, bars, barrier beaches, or similar accretion terminals or accretion shore forms. 4. Proponents of shoreline modification projects shall obtain all applicable federal and state permits and shall meet all permit requirements. 4.5. Best Available Science. All reports prepared in support of a shoreline modification shall use scientifically valid methods and studies in the analysis of shoreline environment and field reconnaissance and reference the source of science used. 24.50.020 Shoreline stabilization A. Applicability. Shoreline stabilization includes actions taken to address erosion impacts to property and dwellings, businesses, or structures cause by natural processes, such as current, flood, tides, wind, or wave action. These actions include structural and nonstructural methods. Nonstructural methods include building setbacks, relocation of the structure to be protected, ground water management, planning and regulatory measures to avoid the need for structural stabilization. Structural methods can be "hard" or "soft". "Hard" structural stabilization measures structural stabilization measures refer to those with solid, hard surfaces, such as concrete bulkheads. These are static structures traditionally constructed of rock, concrete, wood, metal, or other materials that deflect, rather than absorb, wave energy. "Soft" structural measures rely on softer materials, such as vegetation, drift logs, and gravel. They are intended to absorb wave energy, mimicking the function of a natural beach. The following methods of shoreline stabilization are organized from "soft" to "hard": "Soft" • Vegetation enhancement; • Upland drainage control; • Biotechnical measures; • Beach enhancement; • Anchor tree; and • Gravel placement; "Hard" • Rock revetments; • Gabions; Planning Board Recommended DRAFT City of Edmonds SMP Page 58 of 159 Packet Page 277 of 411 • Groins; • Retaining walls and bluff walls; • Bulkheads; and • Seawalls. The following policies and regulations apply to all actions and developments that modify the shoreline for the purposes of preventing shore erosion. B. Shoreline Stabilization Policies 1. Discourage new development requiring structural shoreline defense works. 2. Relocating existing structures out of harm's way is preferable to construction of structural defense works. 3. Allow structural stabilization methods only: a. After it is demonstrated that nonstructural solutions would not be able to reduce the potential damage sufficiently, and b. Where it has been demonstrated to be necessary to support or protect a new use consistent with this Master program, a legally established, inhabited structure or ongoing shoreline use that is in danger of loss or substantial damage or when necessary for reconfiguration of the shoreline for hazardous substance remediation or restoration of ecological functions. c. Structural stabilization will not be permitted for the indirect purpose of creating land by filling. 4. Encourage "soft" stabilization and protection works over "hard" structural means. Furthermore, designs that do not interrupt net drift or migration of anadromous fish are preferred (for example, open poling construction is preferable to sold walls, and floating breakwaters are preferable to solid landfills.) 5. Consider the effect that proposed shore defense works have on ecosystem -wide processes (e.g. sand movement) and functions (e.g. habitat). Make provisions to avoid and minimize impacts where feasible. Mitigation must be provided to achieve no net loss. 6. Give special attention to the effect these structures will have on aesthetic qualities of the shoreline, public access, and use of the water. C. Shoreline Stabilization Regulations For the purposes of this section, standards on shoreline stabilization, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately service its purpose. Addition to or Planning Board Recommended DRAFT City of Edmonds SMP Page 59 of 159 Packet Page 278 of 411 increases in size of existing shoreline stabilization measures shall be considered new structures. 2. Structural stabilization methods shall be permitted when necessary for reconfiguration of the shoreline for mitigation or enhancement purposes. 3. New development that would require shoreline stabilization which causes significant negative impacts to adjacent or down -current properties and shoreline areas should not be allowed. 4. New development on steep slopes or bluffs shall be set back sufficiently to ensure that shoreline stabilization in -is unlikely to be necessary during the normal, useful life of the structure, as demonstrated by a geotechnical analysis. 5. New structural stabilization measures shall not be allowed except when necessity is demonstrated in the following manner: a. To protect existing primary structures: i. New or enlarged structural shoreline stabilization measures for an existing primary structure, including residences, should not be allowed unless there is conclusive evidence, documented by a geotechnical analysis, that the structure is in danger from shoreline erosion caused by tidal action, currents, or waves. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific or geotechnical analysis, is not demonstration of need. The geotechnical analysis should evaluate on -site drainage issues and address drainage problems away from the shoreline edge before considering structural shoreline stabilization. ii. The erosion control structure will not result in a net loss of shoreline ecological functions. b. In support of new nonwater-dependent development, including single-family residences, when all of the conditions below apply: i. The erosion is not being cause by upland conditions, such as the loss of vegetation and drainage. ii. Nonstructural measures, such as placing the development further from the shoreline, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. The damage must be caused by natural processes, such as tidal action, currents, and waves. iv. The erosion control structure will not result in a net loss of shoreline ecological functions. Planning Board Recommended DRAFT City of Edmonds SMP Page 60 of 159 Packet Page 279 of 411 c. In support of water -dependent development when all of the conditions below apply: i. The erosion is not being caused by upland conditions, such as the loss of vegetation and drainage. ii. Nonstructural measures, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. iii. The need to protect primary structures from damage due to erosion is demonstrated through a geotechnical report. iv. The erosion control structure will not result in a net loss of shoreline ecological functions. d. To protect projects for the restoration of ecological functions or hazardous substance remediation projects pursuant to chapter 70.105D RCW when all of the conditions below apply: i. Nonstructural measures, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. ii. The erosion control structure will not result in a net loss of shoreline ecological functions. 6. Geotechnical reports pursuant to this section that address the need to prevent potential damage to a primary structure shall address the necessity for shoreline stabilization by estimating time frames and rates of erosion and report on the urgency associated with the specific situation. As a general matter, hard armoring solutions should not be authorized except when a report confirms that there is a significant possibility that such a structure will be damaged within three years as a result of shoreline erosion in the absence of such hard armoring measures, or where waiting until the need is that immediate, would foreclose the opportunity to use measures that avoid impacts on ecological functions. Thus, where the geotechnical report confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as the three years, that report may still be used to justify more immediate authorization to protect against erosion using soft measures. D. Shoreline Stabilization Siting and Design Regulations. 1. When any structural shoreline stabilization measures are demonstrated to be necessary, pursuant to above provisions. a. Limit the size of stabilization measures to the minimum necessary. Use measures designed to assure no net loss of shoreline ecological functions. Soft approaches shall Planning Board Recommended DRAFT City of Edmonds SMP Page 61 of 159 Packet Page 280 of 411 be used unless demonstrated not to be sufficient to protect primary structures, dwellings, and businesses. b. Ensure that publicly financed or subsidized shoreline erosion control measures do not restrict appropriate public access to the shoreline except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to ecological functions. Where feasible, incorporate ecological restoration and public access improvements into the project. c. Mitigate new erosion control measures, including replacement structures, on feeder bluffs or other actions that affect beach sediment -producing areas to avoid and, if that is not possible, to minimize adverse impacts to sediment conveyance systems. 2. Bulkheads and other shoreline protective structures may not be constructed within a marsh, bog, or swamp or between a marsh, bog or swamp aat-and the primary body of water (Puget Sound or Lake Ballinger). 3. Bulkheads and other shoreline protective structures may not be placed waterward of the ordinary height water mark, unless: a. It is to stabilize a fill approved under ECDC 24.50.040; or b. There has been severe and unusual erosion within one year immediately preceding the application for the bulkhead or other similar protective structure. In this event, the city may allow the placement of the bulkhead or other similar protective structure to recover the dry land area lost by this erosion. 4. Bulkheads and other shoreline protect structures shall be located landward of the ordinary high water mark and generally parallel to the natural shoreline unless geotechnical evaluation demonstrates the necessity for alternative design. In addition: a. Where no other bulkheads are adjacent, the construction of a bulkhead shall be as close to the eroding bank as possible and in no case shall it be more than six (6) feet from the toe of the bank. b. A bulkhead for a permitted landfill shall be located at the toe of the fill. c. Where permitted, a bulkhead must tie in flush with existing bulkheads on adjoining properties, except where the adjoining bulkheads extend waterward of the ordinary high water mark. 5. An existing bulkhead or other shoreline stabilization structure may be replaced with a similar structure if there is a demonstrated need to protect principal uses or structures from erosion caused by currents, tidal action, or waves. Planning Board Recommended DRAFT City of Edmonds SMP Page 62 of 159 Packet Page 281 of 411 a. The replacement structure should be designed, located, sized, and constructed to assure no net loss of ecological functions. b. Replacement walls or bulkheads shall not encroach waterward of the ordinary high- water mark or existing structure unless the residential structure to which it is appurtenant was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure may abut the existing shoreline stabilization structure. c. Where a net loss of ecological functions associated with critical saltwater habitats would occur by leaving the existing structure, remove it as part of the replacement mrX1;Y1W.M d. Soft shoreline stabilization measures that provide restoration of shoreline ecological functions may be permitted waterward of the ordinary high-water mark. For purposes of this section standards on shoreline stabilization measures, "replacement" means the construction of a new structure to perform a shoreline stabilization function of an existing structure which can no longer adequately serve its purpose. Additions to or increases in size of existing shoreline stabilization measures shall be considered new structures. 6. Materials used in bulkhead construction shall meet the following standards: a. Bulkheads shall utilize stable, non-erodable materials such as concrete, wood, and rock that are consistent with the preservation and protection of the ecological habitat. b. Shore materials shall not be used for fill behind bulkheads, except clean dredge spoil from a permitted off -site dredge and fill operation. c. The extent and nature of any backfill proposed landward of a bulkhead or other shoreline protective structure shall comply with adopted City standards. 7. If hard stabilization methods are employed the following design criteria shall be meet: a. The size and quantity of the material shall be limited to that the minimum necessary to withstand the estimated energy intensity of the hydraulic system; b. Filter cloth must be used to aid drainage and help prevent settling; The toe reinforcement or protection must be adequate to prevent a collapse of the system wave action; and d. Fish habitat components shall be considered in the design subject to Hydraulic Project Approval by the Washington Department of Fish and Wildlife. Planning Board Recommended DRAFT City of Edmonds SMP Page 63 of 159 Packet Page 282 of 411 8. When hard stabilization measures are required at a public access site, provision for safe pedestrian access to the water shall be incorporated into bulkhead design. 9. Stairs or other permitted structures may be built into a hard stabilization structure but shall not extend waterward of it. E. Geotechnical Reports. Geotechnical reports required pursuant to this section shall address the need for shoreline stabilization and shall include the following. 1. A scaled site plan showing: a. The location of existing and proposed shore stabilization, structures, fill, and vegetation, with dimensions indicated distances to the ordinary high water mark. b. Existing site topography with two foot contours. 2. A description of the processes affecting the site, and surrounding areas that influence or could be influenced by the site, including areas in which lake or marine geomorphic processes affect the site, including, but not limited to: a. Soil erosion, deposition, or accretion; b. Evidence of past or potential erosion due to tidal action and/or waves; c. Littoral drift; and d. An estimate of shoreline erosion rates. 3. A description and analysis of the urgency and risk associated with the specific site characteristics. F. Shoreline Stabilization — Shoreline Area Regulations 1. Urban Railroad a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 2. Urban Mixed Use I a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. Planning Board Recommended DRAFT City of Edmonds SMP Page 64 of 159 Packet Page 283 of 411 b. Gabions are prohibited. Planning Board Recommended DRAFT City of Edmonds SMP Page 65 of 159 Packet Page 284 of 411 3. Urban Mixed Use II a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 4. Urban Mixed Use III a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 5. Shoreline Residential I a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 6. Shoreline Residential II a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 7. Shoreline Residential III a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Gabions are prohibited. 8. Aquatic I a. Bioengineering approaches are permitted on tidelands and shorelands when necessary to restore an eroding accretion shoreform or to retard erosion elsewhere subject to policies and regulations of this program. b. Bulkheads or revetments are prohibited except for an approved water -dependent development subject to policies and regulations of this Program. c. Gabions are prohibited. Planning Board Recommended DRAFT City of Edmonds SMP Page 66 of 159 Packet Page 285 of 411 9. Aquatic II a. Bioengineering approaches are permitted on tidelands and shorelands when necessary to restore an eroding accretion shoreform or to retard erosion elsewhere subject to policies and regulations of this program. b. Bulkheads or revetments are prohibited except for an approved water -dependent development subject to policies and regulations of this Program. c. Gabions are prohibited. 10. Conservancy a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program b. Gabions are prohibited. 11. Natural: Shoreline stabilization is prohibited; except that, bioengineering approaches may be permitted as a conditional use when necessary to restore and eroding accretion shoreform or to retard erosion elsewhere. 24.50.030 Moorage: Piers, Docks, and Floats A. Applicability Docks are fixed structures floating upon water bodies. Piers are fixed, pile -supported structures. Floats are floating structures that are moored, anchored, or otherwise secured in the water that are not connected to the shoreline. Docks, piers, and floats that serve four or fewer boats regularly moored are reviewed a recreational facilities. Proposals for five or more boats are considered marinas and are regulated under ECDC 24.60.020, Boating Facilities. B. Moorage: Piers, Docks, and Floats Policies 1. A dock associated with a single family residence is considered a water -dependent use provided that it is designed and intended as a facility for access to watercraft and otherwise complies with the provisions of this section. 2. New pier or dock construction, excluding docks accessory to single-family residences, should be permitted only when the applicant has demonstrated that a specific need exists to support the intended water -dependent use. 3. Shared pier and dock facilities are preferred over single -user moorage where feasible. New subdivisions of more than two (2) lots should provide joint shared moorage. Planning Board Recommended DRAFT City of Edmonds SMP Page 67 of 159 Packet Page 286 of 411 4. Piers and docks, including those accessory to single-family residences, shall be designed and constructed to avoid or to minimize and mitigate the impacts to ecological functions, critical areas resources such as eelgrass beds and fish habitats and processes such as currents and littoral drift. C. Moorage: Piers, Docks, and Floats Regulations The following piers, docks, and floating developments are prohibited in the shoreline jurisdiction: a. Aircraft moorage is prohibited, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. b. Covered moorage. 2. Size of Piers and Docks. Piers and docks may not be larger than is necessary to provide safe and reasonable moorage for the boats which can reasonably be expected to be moored. The city will specifically review the size and configuration or each proposed pier or dock to ensure that: a. The pier or dock does not extend waterward beyond the point necessary to provide reasonable draft for the boats to be moored and shall not extend beyond the outer harbor line; and b. The pier or dock is not larger than is necessary to moor the specified number of boats; and c. The pier or dock will not interfere with the public use and enjoyment of the water or create a hazard to navigation; and d. The pier or dock will not adversely affect nearby uses; and e. The pier or dock will not have a significant long-term adverse effect on aquatic habitats. 3. In order to minimize impacts on nearshore areas and avoid reduction in ambient light level: a. The width of piers, docks and floats shall be the minimum necessary and shall not exceed 4 feet in width, except where specific information on use patterns justifies a greater width. Marine floats shall not exceed 8 feet in width not more than 40 feet in length and freshwater floats shall not exceed 6 feet in width and 20 feet in length unless authorized by a variance. Exceptionally large vessels or vessels that require a relatively deep draft may be required to use a buoy, other alternative mooring scheme, or to moor in a marina. Materials that will allow light to pass through the deck may be required where width exceeds 4 feet. Planning Board Recommended DRAFT City of Edmonds SMP Page 68 of 159 Packet Page 287 of 411 b. Dock surfaces designed to allow maximum light penetration shall be used on walkways or gangplanks in nearshore areas. c. Piers, docks and floats shall be located along a north/south orientation to the maximum extent feasible. d. The surface of new piers, docks and floats shall provide at least 50% functional grating. 4. Waterward of the ordinary high water mark, pier and dock height may not exceed a height of five feet above water level, except that pilings may extend a reasonable amount above dock height to provide for tidal conditions. 5. Prohibited substances. No part of a pier, dock or other components that may come in contact with the water may be treated with or consist, in whole or in part, of creosote, oil based paints, toxic chemicals, or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate state and federal regulatory agencies. 6. If the pier, dock or float will extend waterward of the inner harbor line, the applicant must obtain a lease from the Department of Natural Resources prior to proposing this use. 7. No structure regulated under this section, other than moorage structures and sheds associated with gas and oil sales for boats, may be waterward of the ordinary high water mark. D. Moorage: Piers, Docks, and Floats - Shoreline Area Regulations 1. Urban Railroad: Moorage structures are prohibited. 2. Urban Mixed Use I: a. Private, shared, public and commercial moorage structures are permitted subject to the policies and regulations of this Master Program. b. Aircraft moorage is prohibited, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. Moorage structures and facilities located may not be located waterward of public parks, public beaches, or public facilities, nor may they be located so as to obstruct waterward view from these public uses. d. Permitted Accessory Uses: i. Boat and motor sales Planning Board Recommended DRAFT City of Edmonds SMP Page 69 of 159 Packet Page 288 of 411 ii. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Dry land boat storage; provided, however, that stacked storage shall not be permitted to exceed the maximum permitted height in the Urban Mixed Use I shoreline environment. vi. Meeting and special event rooms. vii. Gas and oil sales for boats, if, A. All storage tanks are underground and located upland of the ordinary high water mark; and B. The use has facilities to contain and clean up gas and oil spills. C. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. viii. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of wastes and hazardous substances which exceed these standards, shall be placed underground. No tank of any kind intended for the permanent storage of waste or hazardous substances shall be permitted. 3. Urban Mixed Use II a. Private, shared, public and commercial moorage structures are permitted subject to the policies and regulations of this Master Program. b. Aircraft moorage, except that aircraft may be temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. Moorage structures and facilities located may not be located waterward of public parks, public beaches, or public facilities, nor may they be located so as to obstruct waterward view from these public uses. Planning Board Recommended DRAFT City of Edmonds SMP Page 70 of 159 Packet Page 289 of 411 d. Permitted Accessory Uses: i. Boat and motor sales 11. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Dry land boat storage; provided, however, that stacked storage shall not be permitted to exceed the maximum permitted height in the Urban Mixed Use I shoreline environment. vi. Meeting and special event rooms. vii. Gas and oil sales for boats, if, A. All storage tanks are underground and located upland of the ordinary high water mark; and B. The use has facilities to contain and clean up gas and oil spills. C. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. viii. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of wastes and hazardous substances which exceed these standards, shall be placed underground. No tank of any kind intended for permanent storage of waste or hazardous substances shall be permitted. 4. Urban Mixed Use III: Moorage structures are prohibited. 5. Shoreline Residential I: Moorage structures are prohibited. 6. Shoreline Residential II: Moorage structures are prohibited. 7. Shoreline Residential III Planning Board Recommended DRAFT City of Edmonds SMP Page 71 of 159 Packet Page 290 of 411 a. Moorage structures and facilities may only be permitted and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. b. Accessory uses are not permitted in conjunction with moorage structure. c. Residential Moorage Structure Development Standards: i. Height. The height of a residential dock or pier shall not exceed five feet above the ordinary high water mark. The height of attendant pilings shall not exceed five feet above the ordinary high water mark or that height necessary to provide for temporary emergency protection of floating docks as determined in accord with generally accepted engineering practices. ii. Length. The length of any residential dock or pier shall not exceed the lesser of 35 feet or the average length of existing docks or piers within 300 feet of the subject dock or pier. iii. Width. The width of any residential dock or pier shall not exceed 25 percent of the lot width when measured parallel to the shoreline. A joint use dock located at the property line with another lot which shares the joint use dock may not exceed 25% the total of both lots. iv. Setbacks. All residential docks or piers shall observe a minimum 10-foot side yard setback from a property line or a storm drainage outfall. Joint use docks or piers may be located on the side property line; provided, that the abutting waterfront property owners shall file a joint use maintenance agreement with the Snohomish County auditor in conjunction with, and as a condition of, the issuance of a building permit. Joint use docks or piers shall observe all other regulations of this subsection. If such joint maintenance agreement is terminated, the dock or pier shall be brought into compliance with the bulk and set back provisions of this Master Program. v. Number. No lot shall have more than one dock or pier or portion thereof located on the lot. vi. Size. No residential dock or pier shall exceed 400 square feet. vii. Floats. Offshore recreational floats are prohibited. viii. Covered Buildings. No covered building shall be allowed on any residential dock or pier. Planning Board Recommended DRAFT City of Edmonds SMP Page 72 of 159 Packet Page 291 of 411 8. Aquatic I a. Private, shared, and public moorage structures are permitted subject to the policies and regulations of this Master Program. b. If the subject property provides moorage for not more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 25 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet for moorage structures, provided that joint or shared moorage facilities may be located within the setback from the lot with whom the facility is shared. c. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 100 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet. 9. Aquatic 11 a. Private, shared, public and commercial moorage structures are permitted subject to the policies and regulations of this Master Program. b. No moorage structure on private property may be within 100 feet of a public park. No moorage structure may be within 25 feet of another moorage structure not on the subject property. d. The side property line setback is 10 feet. 10. Conservancy a. Moorage structures and facilities may only be permitted and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise Planning Board Recommended DRAFT City of Edmonds SMP Page 73 of 159 Packet Page 292 of 411 made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. b. Moorage structures and facilities may not provide moorage for more than two boats; provided, however, that waterfront lots are encourage to develop joint or shared moorage facilities. If this occurs, the joint or shared moorage facility may contain up to two moorages for each waterfront lot participating in the joint or shared moorage facility. c. Accessory uses are not permitted in conjunction with moorage structure. d. If the subject property provides moorage for not more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 25 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet. e. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property maybe within 100 feet of a public park. ii. No moorage structure may be with 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet for moorage structures, provided that joint or shared moorage facilities may be located within the setback from the lot with whom the facility is shared. 11. Natural. Moorage structures are prohibited. 24.50.040 Landfill A. Applicability. 1. Landfill is the creation of or addition to the surface of the land by the filling, placement or depositing of sand, soil, or gravel, or other material on land covered by water, or in a wetland, march, bog, swamp, or similar water detention area. Landfill is normally done for and, in this Master Program, must be associated with a specific purpose or use such as the development of a commercial site, construction of roadways or a jetty. Planning Board Recommended DRAFT City of Edmonds SMP Page 74 of 159 Packet Page 293 of 411 2. When backfill of bulkhead involves over one cubic yard per lineal foot, such bulkheads shall be evaluated under both this section and ECDC 24.50.020, Shoreline stabilization. B. Fill Policies Landfill should only be permitted to the minimum extent necessary to accommodate an approved shoreline use or development and with assurance of no net loss of shoreline ecological functions and processes. Enhancement and voluntary restoration of landforms and habitat are encouraged. 2. Allow landfills waterward of the ordinary high water mark, in those limited circumstances where permitted, only when necessary to facilitate water -dependent uses or ecological restoration projects that are consistent with this program and the City of Edmonds Comprehensive Plans. Where feasible, public access to the shoreline and the water should be incorporated into the design. C. Landfill Regulations 1. Landfill water ward of the ordinary high water mark may be permitted as a conditional use in limited instances for the following purposes only, with due consideration given to specific site conditions, and only in conjunction with approved shoreline use and development activities that are consistent with this program: a. Water -dependent use permitted under this Master Program. b. To create public use or public recreation areas. c. Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan. d. Disposal of dredged material considered suitable under, and conducted in accordance with the dredged material management program of the Department of Natural Resources. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline and then only upon a demonstration that alternatives to fill are not feasible. f. Mitigation action, environmental restoration, beach nourishment or enhancement projects. 2. Landfills shall be permitted only where it is demonstrated that: a. The project has been located, designed, and constructed in a manner that minimizes impacts to ecological processes and functions and where impacts cannot be avoided, mitigation is provided to achieve no net loss. Planning Board Recommended DRAFT City of Edmonds SMP Page 75 of 159 Packet Page 294 of 411 b. The fill will not result in erosion of the shoreline or undermine stability of neighboring properties. c. The fill is the minimum necessary to reasonably accomplish the purpose for the fill under subsection C.1 of this section. d. Where existing public access will be reduced, equivalent public access has been provided on or off site as part of the project. e. Fill material consists only of soil, sand, rock, or gravel. The fill material must not contain organic or inorganic materials that would be detrimental to water quality or existing habitats. f. Placement of landfill will be timed so as to minimize damage to water quality and aquatic life. 3. The applicant must stabilize exposed fill areas with vegetation. 4. Landfills, beach nourishment and excavation shall be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long term appropriate use including lawful access and enjoyment of scenery. 5. A temporary erosion and sediment control (TESC) plan shall be provided for all proposed landfill and excavation activities. 6. The fill shall be designed and supervised by a civil engineer or similarly qualified professional. The professional shall certify that the fill meets the following requirements: a. The fill is designed and executed to minimize adverse impacts on neighboring properties and the environment, and is fully integrated into an otherwise approved facility. b. The fill is designed and executed to provide permanent structural integrity for the fill and surrounding areas. D. Applications for landfill projects shall include the following information: 1. Proposed use of the landfill area. 2. Analysis of the physical, chemical, and biological characteristics of the fill material demonstrating that the fill is of such quality that significant water quality, ecological impacts, and public health problems would not occur from its placement. 3. Fill must meet all state standards. Assessment of water quality impacts shall be included as an attachment. Planning Board Recommended DRAFT City of Edmonds SMP Page 76 of 159 Packet Page 295 of 411 4. Source of the landfill material. 5. Location of the landfill relating to natural or existing drainage patterns. 6. Location of the perimeter of the landfill relating to the ordinary high water mark and critical areas. The applicant should consult with the Department of Ecology in determining the location of the ordinary high water mark. For development proposals at or water ward of the ordinary high water mark, an OHWM field determination by a qualified professional shall be provided with the application. The field determination shall be consistent with guidance development by the Department of Ecology and is subject to verification by the city of Edmonds and the Department of Ecology. 7. Perimeter erosion control or stabilization means, and schedule for implementation. 8. Type of surfacing and run-off control and treatment devices. E. Shoreline Area Regulations Urban Railroad: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 2. Urban Mixed Use L• Landfill is permitted subject to the policies and regulations of this program. 3. Urban Mixed Use II: Landfill is permitted subject to the policies and regulations of this program. 4. Urban Mixed Use III: Landfill is permitted subject to the policies and regulations of this program. 5. Shoreline Residential I: Landfill is permitted subject to the policies and regulations of this program. 6. Shoreline Residential IL• Landfill is permitted subject to the policies and regulations of this program. 7. Shoreline Residential III: Landfill is permitted subject to the policies and regulations of this program. 8. Aquatic I: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 9. Aquatic II: Landfill maybe allowed as a conditional use subject to the policies and regulations of this Program. Planning Board Recommended DRAFT City of Edmonds SMP Page 77 of 159 Packet Page 296 of 411 10. Conservancy: Landfill may be allowed as a conditional use subject to the policies and regulations of this Program. 11. Natural: Landfill may be allowed as a conditional use when necessary to protect or restore shoreline ecological functions subject to policies and regulations of this program. 24.50.050 Breakwaters, jetties, groins, and weirs A. Applicability: A breakwater is a protective structure usually built offshore to protect harbor areas, moorage, navigation or beaches from wave action. A jetty, groin or weir is a structure usually built singly or in pairs perpendicular to the shore to prevent shoaling or accretion of sediment drift. Projects the requiring fill must also meet the requirements of ECDC 24.50.040, Landfill. B. Breakwaters, Jetties, Groins, and Weirs Policies 1. Breakwaters, jetties, groins, and weirs located waterward of the ordinary high watermark shall be allowed only where necessary to support water -dependent uses, public access, shoreline stabilization, or other specific public purpose. 2. Open pile or floating breakwater designs are preferred. 3. Solid rock or fill -based weirs, groins and jetties should not be constructed unless it can be demonstrated that they are part of a larger system that will reduce the need for overall shoreline modification and that they are intended to prevent damage to existing structures. They should not be proposed to protect new structures. C. Breakwaters, Jetties, Groins, and Weirs Regulations 1. Breakwaters, Jetties, Groins and Weirs may be allowed provided that: a. Jetties and breakwaters are permitted where they are an integral component of a professionally designed harbor, marina, or port. Where permitted, floating portable or submerged breakwater structures, or small discontinuous structures are preferred where physical conditions make such alternatives with less impact feasible. b. Groins are permitted as a component of a professionally designed community or public beach management program that encompasses an entire drift sector or reach for which alternatives are infeasible. Or where installed to protect or restore shoreline ecological functions. c. The breakwater is essential to the safe operation of a moorage facility. Planning Board Recommended DRAFT City of Edmonds SMP Page 78 of 159 Packet Page 297 of 411 d. The city determines that the location, size, design and accessory components of the moorage facility to be protected by the breakwater provide a public benefit and are within the public interest. e. The breakwater, jetty, groin, or weir is designed to protect critical areas and where impacts are unavoidable, mitigation will be provided to ensure no net loss of ecological functions and processes. 2. Public Access: a. Where appropriate projects shall be required to maintain, replace or enhance existing public access opportunities by incorporating physical or visual access areas and/or facilities into the design of the project. b. Publicly financed or subsidized projects shall not restrict appropriate public access to the shoreline and shall proved new public access except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to shoreline ecological functions. 3. All breakwaters, jetties, groins, or weirs must be designed and constructed under the supervision of a civil engineer or similarly qualified professional. As part of the application, the engineer or other professional designing the project must certify that: a. The project is designed to meet the requirements of this Program and accomplish the purpose of the project using the best available science. b. The project is designed to be the minimum necessary to accommodate the proposed purpose. The project is designed to have the minimum feasible adverse impacts upon the environment, nearby waterfront properties, and navigation. d. Any unavoidable impacts have been mitigated to ensure no net loss of ecological functions and processes. D. Breakwaters, Jetties, Groins, and Weirs — Shoreline Area Regulations. Urban Railroad: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 2. Urban Mixed Use I: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 3. Urban Mixed Use II: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. Planning Board Recommended DRAFT City of Edmonds SMP Page 79 of 159 Packet Page 298 of 411 4. Urban Mixed Use III: Breakwaters, jetties, groins, and weirs are permitted subject to the policies and regulations of this Program. 5. Shoreline Residential I: Breakwaters, jetties, groins, and weirs are prohibited. 6. Shoreline Residential II: Breakwaters, jetties, groins, and weirs are prohibited. 7. Shoreline Residential III: a. Bulkheads are permitted subject to the policies and regulations of this Program. b. Jetties, groins, and weirs are prohibited. 8. Aquatic I: Breakwaters, jetties, groins, and weirs may be permitted as a conditional use subject to the policies and regulations of this Program. 9. Aquatic II: Breakwaters, jetties, groins, and weirs may be permitted as a conditional use subject to the policies and regulations of this Program. 10. Conservancy: a. Breakwaters and jetties maybe permitted as a conditional use if accessory to a water - dependent use and littoral sediment transport is not significantly disrupted. b. Groins may be permitted as a conditional use when necessary to protect or restore shoreline ecological functions subject to policies and regulations of this program. 11. Natural: Breakwaters, jetties, groins, and weirs may be permitted as a conditional use when necessary to protect or restore shoreline ecological functions subject to policies and regulations of this program. 24.50.060 Dredging and dredge material disposal A. Applicability. Dredging is the removal or displacement of earth such as gravel, sand, mud, or silt from lands covered by water. Lands covered by water include tidelands, marinas, and wetlands. Dredging is normally done for, and in this Master Program must be associated with, a specific purpose or use such as maintaining navigation channels, developing/expanding marinas, constructing bridge footings, laying submarine cable and in some cases aquaculture (See Aquaculture Section ECDC 24.60.010). Dredging to restore preexisting contours within a designated and authorized navigation channel, marina or basin is considered normal maintenance and is exempt from the requirement for a substantial development permit. Dredging is only maintenance where there Planning Board Recommended DRAFT City of Edmonds SMP Page 80 of 159 Packet Page 299 of 411 is a designated and authorized facility such as a marina, federal navigation channel or berth authorized by permit. If an operation expands an existing the channel or basin, a permit is required even if the marina or similar project has been operation for years. Dredge spoil is the material removed by dredging. Dredge spoil disposal is the depositing of dredge materials on land or into water bodies for the purpose of either creating new or additional lands or for disposing of the dredge material (See also, Landfill Section, ECDC 24.50.040). B. Dredging and dredge material policies 1. Site and design new development to avoid or, if that is not possible, to minimize the need for new and maintenance dredging. 2. Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill material shall not be allowed, except when the material is necessary for the restoration of ecological functions. 3. Dredging should be permitted for water -dependent uses of economic importance to the region and/or essential public facilities only when necessary and when alternatives are infeasible or less consistent with this Program. 4. Plan and conduct dredge and dredge disposal operations in a manner that avoids or minimizes interference with navigation and significant ecological impacts. Impacts which cannot be avoided should be mitigated in a manner that assures no net loss of shoreline ecological functions. S. Minor dredging for fill materials as part of ecological restoration or enhancement, beach nourishment, public access or public recreation should be permitted if consistent with this Program. C. Dredging and dredge material regulations 1. Dredging shall only be permitted for the following activities: a. Development of approved wet moorages, harbors, ports and water -dependent industries of economic importance to the region only when there are no feasible alternatives. b. Maintenance dredging for the purpose of restoring a lawfully established development. c. Establishing, expanding, relocating or reconfiguring navigation channels where necessary to assure safe and efficient accommodation of existing navigational uses. Maintenance dredging of established navigation channels and basins shall be Planning Board Recommended DRAFT City of Edmonds SMP Page 81 of 159 Packet Page 300 of 411 restricted to maintaining previously dredge and/or existing authorized location, depth, and width. d. To remove silt or sediment deposited because of severe and unusual erosion or resulting from the existence of a bulkhead on nearby property. e. To provide sufficient draft for boat moorage. f. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat. g. Dredging waterward of the ordinary high water mark for the primary purpose of obtaining fill material shall not be allowed, except when the material is necessary for the restoration of ecological functions. When allowed, the site where the fill is to be placed must be located waterward of the ordinary high water mark. The project must be either associated with a MRCA or CERCLA habitat restoration project or, if approved through a shoreline conditional use permit, any other significant habitat enhancement project. 2. The existing physical alignment and ecological function and processes shall be maintained, except to improve hydraulic function, water quality, fish or wildlife habitat, or fish passage. 3. New development shall be sited and designed avoid or, if that is not possible, to minimize the need for new and/or maintenance dredging. 4. Dredge Spoils. a. Dredge spoil disposal in open waters may be approved only in accordance with the Puget Sound Dredged Disposal Analysis (PSDDA) evaluation procedures for managing in -water disposal of dredge material; when approved by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to section 109Rivers and harbors ActO and Section 404 (Clean Water Act) permits, and Washington State Department of fish and Wildlife hydraulic Project approval (HPA); and when found to meet the following conditions. i. Land disposal is infeasible, less consistent with this Program, or prohibited by law. ii. Nearshore disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible. iii. Offshore habitat will be protected, restored, or enhanced. iv. Adverse effects on water quality or biologic resources from contaminated materials will be mitigated. Planning Board Recommended DRAFT City of Edmonds SMP Page 82 of 159 Packet Page 301 of 411 v. Shifting and dispersal of spoil will be minimal. vi. Water quality will not be adversely affected. b. Dredging spoils may be used as fill or landscape material for a development in the shoreline areas that is otherwise approved by the city under this Program (ECDC 24.50.040). c. The city may permit dredging spoils to be temporarily deposited in the shoreline area for transfer and removal to an approved disposal site. The dredging spoils may not be stored in the shoreline area longer than is reasonably necessary and must be stored in a manner that will protect the environment and neighboring properties from undesirable effect and adverse impacts. d. Dredge spoil disposal is prohibited on marine shorelines between the line of extreme low tide and the ordinary high water mark, and on Lake Ballinger shorelines or beds; except that, dredge spoil may be used in approved projects for the restoration or enhancement of shoreline ecological functions and processes, such as beach nourishment. e. The City may impose reasonable limitation on dredge disposal operating periods and hours and may require provision for buffer strips at land disposal sites. 5. Proposals for dredging and dredge spoil disposal, when permitted, shall: a. Be kept to the minimum necessary to accommodate the proposed use. b. Include all feasible mitigating measures to protect habitats and to minimize adverse impacts such as turbidity, release of nutrients, heavy metals, sulfides, organic materials, or toxic substances, depletion of oxygen, disruption of food chains, loss of benthic productivity, and disturbance of fish runs and important localized biological communities. Be scheduled so as to not materially interfere with the migratory movements of anadromous fish. d. Utilize techniques that cause minimum dispersal and broadcast of bottom material. e. Not interfere with geohydraulic processes. £ Be found, through analysis by qualified professional, to be nonpolluting or shall have no significant negative pollution impact. g. Meet all requirements of applicable regulatory agencies. Planning Board Recommended DRAFT City of Edmonds SMP Page 83 of 159 Packet Page 302 of 411 h. Not result in erosion of the shoreline or undermine the stability of neighboring properties. D. Dredging and Dredge Material Application. Applications for shoreline dredging and dredge spoil disposal shall provide, at a minimum, the following information: 1. A description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of this Program. 2. A detailed description of the existing physical character, shoreline geomorphology and biological resources provided by the area proposed to be dredged, including: a. A site plan map outlining the perimeter of the proposed dredge area. The map must also include the existing bathymetry depths based on Mean Lower Low Water (MLLW) and have data points at a minimum of 2-foot depth increments. b. A habitat survey must be conducted and WDFW must be contacted to ensure the survey is conducted according to the most recent WDFW eelgrass/macroalgae survey guidelines. c. Information on stability of bedlands adjacent to proposed dredging and spoils disposal areas. 3. A detailed description of the physical, chemical and biological characteristics of the dredge spoils to be removed, including: a. Physical analysis of material to be dredged: material composition and amount, grain size, organic materials present, source of material, etc. b. Chemical analysis of material to be dredged: volatile solids, chemical oxygen demand (COD), grease and oil content, mercury, lead and zinc content, etc. c. Biological analysis of material to be dredged. 4. A description of the method of materials removal, including facilities for settlement and movement. a. Dredging procedure: length of time it will take to complete dredging, method of dredging and amount of materials removed. b. Frequency and quantity of project maintenance dredging. 5. Detailed plans for dredge spoil disposal, including specific land disposal sites and relevant information on the disposal site, including but not limited to: a. Spoils disposal area: Planning Board Recommended DRAFT City of Edmonds SMP Page 84 of 159 Packet Page 303 of 411 i. Physical characteristics including location, topography, existing drainage patterns, surface and ground water; ii. Size and capacity of disposal site; iii. Means of transportation to the disposal site; iv. Proposed dewatering and stabilization of spoils; v. Methods of controlling erosion and sedimentation; and vi. Future use of the site and conformance with land use policies and regulations. b. Total initial spoils volume. c. Plan for disposal of maintenance spoils. 6. Hydraulic modeling studies sufficient to identify existing geo-hydraulic patterns and probable effects of dredging. E. Dredging and dredge material disposal — Shoreline Area Regulations 1. Urban Railroad: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 2. Urban Mixed Use I: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 3. Urban Mixed Use II: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 4. Urban Mixed Use III: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 5. Shoreline Residential I: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 6. Shoreline Residential II: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 7. Shoreline Residential III: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. Planning Board Recommended DRAFT City of Edmonds SMP Page 85 of 159 Packet Page 304 of 411 8. Aquatic I: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. Maintenance dredging pursuant to ECDC 24.50.060.C. Lb and .c is permitted subject to the policies and regulations of this Program without a conditional use permit provided the original constructed bottom contours have been established and documented in a prior shoreline permit authorization. 9. Aquatic II: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. Maintenance dredging pursuant to ECDC 24.50.060.C. Lb and .c is permitted subject to the policies and regulations of this Program without a conditional use permit provided the original constructed bottom contours have been established and documented in a prior shoreline permit authorization. 10. Conservancy: Dredging may be permitted as a conditional use subject to the policies and regulations of this Program. 11. Natural: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to the policies and regulations of this Program. 24.50.070 Shoreline habitat and natural systems restoration and enhancement projects A. Applicability. Shoreline habitat and natural systems enhancement projects include those activities proposed and conducted specifically for the purpose of establishing, restoring, or enhancing habitat for priority species in shorelines. B. Shoreline Habitat and Natural Systems Restoration and Enhancement Projects Policies This program recognizes the importance of the restoration of shoreline ecological functions and processes and encourages cooperative restoration efforts and programs between local, state and federal agencies, tribes, non-profit organizations, and landowners to address shorelines with impaired ecological functions and/or processes. 2. Restoration and enhancement actions should restore shoreline ecological functions and processes as well as shoreline features and should be targeted towards meeting the needs of sensitive and/or locally important plant, fish and wildlife species. 3. Priority should be given to restoration and enhancement actions that: a. Create dynamic and sustainable ecosystems. b. Improve water quality. Restore native vegetation and natural hydrologic functions of degraded and former wetlands. Planning Board Recommended DRAFT City of Edmonds SMP Page 86 of 159 Packet Page 305 of 411 d. Restore nearshore ecosystems processes, such as sediment transport and delivery and tidal currents that create and sustain habitat. e. Restore freshwater, nearshore, and estuarine habitat and habitat -forming processes. f. Mitigate erosive and associated impacts caused by stormwater runoff. g. Protect and restore wildlife corridors. h. Protect and restore native species of vegetation, fish, and wildlife. C. Shoreline Habitat and Natural Systems Restoration and Enhancement Projects Regulations. Restoration shall be carried out in accordance with the approved shoreline restoration plan and in accordance with the policies and regulation of this Program. D. Shoreline Habitat and Natural Systems Restoration and Enhancement Projects — Shoreline Area Regulations 1. Urban Railroad: Restoration activities are permitted subject to policies and regulations of this Program. 2. Urban Mixed Use 1,• Restoration activities are permitted subject to policies and regulations of this Program. 3. Urban Mixed Use II: Restoration activities are permitted subject to policies and regulations of this Program. 4. Urban Mixed Use III: Restoration activities are permitted subject to policies and regulations of this Program. 5. Shoreline Residential I: Restoration activities are permitted subject to policies and regulations of this Program. 6. Shoreline Residential 11: Restoration activities are permitted subject to policies and regulations of this Program. 7. Shoreline Residential III: Restoration activities are permitted subject to policies and regulations of this Program. 8. Aquatic I: Restoration activities are permitted subject to policies and regulations of this Program. 9. Aquatic II: Restoration activities are permitted subject to policies and regulations of this Program. Planning Board Recommended DRAFT City of Edmonds SMP Page 87 of 159 Packet Page 306 of 411 10. Conservancy: Restoration activities are permitted subject to policies and regulations of this Program. 11. Natural: Restoration activities are permitted subject to policies and regulations of this Program. Part VI Specific Use Policies & Regulations 24.60.000 Applicability Shoreline use and development shall be classified by the Administrator and regulated under one or more of the following applicable sections of this Chapter. Unless otherwise stated, all use and development shall also comply with all of the General Policy and Regulations in Part IV of this Program and all of the Specific Modification Policies and Regulations in Part V of this Program. 24.60.010 Aquaculture A. Applicability Aquaculture is the farming or culture of food fish, shellfish, or other aquatic plants or animals any may require development such as fish hatcheries, rearing pens and structures, and shellfish rafts, as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of free-swimming fish or the harvest of shellfish not artificially planted or maintained. B. Aquaculture Policies Aquaculture is a water -dependent use and, when consistent with control of pollution and avoidance of adverse impacts to the environment and preservation of habitat for resident native species, is a preferred use of the shoreline. 2. Potential locations for aquaculture activities are relatively restricted because of specific requirements related to water quality, temperature, oxygen content, currents, adjacent land use, wind protection, commercial navigation, and salinity. The technology associated with some forms of aquaculture is still experimental and in formative states. Therefore, some latitude should be given when implementing the regulations of this section, provided that potential impacts on existing uses and shoreline ecological functions and processes should be given due consideration. 3. Preference should be given to those forms of aquaculture that involve lesser environmental and visual impacts and lesser impacts to native plant and animal species. In general, projects that require no structures, submerged structures or intertidal structures are preferred over those that involve substantial floating structures. Projects the involve little or no substrate modification are preferred over those that involve Planning Board Recommended DRAFT City of Edmonds SMP Page 88 of 159 Packet Page 307 of 411 substantial modification. Projects that involve little or no supplemental food sources, pesticides, herbicides or antibiotic application are preferred over those that involve such practices. 4. Aquaculture activities should be designed, located and operated in a manner that supports long term beneficial use of the shoreline and protects and maintains shoreline ecological functions and processes. 5. Aquaculture should not be permitted where it would resulting a net loss of shoreline ecological functions; adversely affect the quality or extent of habitat of native species including eelgrass, kelp, and other macroalgae; adversely impact other habitat conservation areas; or interfere with navigation or other water -dependent uses. 6. Aquaculture facilities should be designed and located so as not to spread disease to native aquatic life, establish new nonnative species which cause significant ecological impacts, or significantly impact the aesthetic qualities of the shoreline. 7. The City should actively seek substantive comment on any shoreline permit application for aquaculture form all appropriate Federal, State, and local agencies; affected tribes; and the general public regarding potential adverse impacts. Comments of nearby residents or property owners directly affected by a proposal should be considered and evaluated, especially in regard to use compatibility and aesthetics. C. Aquaculture Regulations 1. Aquaculture that involves little or no substrate modification shall be given preference over those that involve substantial modification. The application/proponent shall demonstrate that the degree of proposed substrate modification is the minimum necessary for feasible aquaculture operations at the site. 2. The installation of submerged structures, intertidal structures, and floating structures shall be allowed only when the applicant/proponent demonstrates that no alternative method of operation is feasible. 3. Aquaculture proposals that involve substantial substrate modification or sedimentation through dredging, trenching, digging, mechanical harvesting, or other similar mechanisms, shall not be permitted in areas where the proposal would adversely impact existing kelp beds or other macroalgae, eelgrass beds or habitat conservation areas. 4. Aquaculture activities, which would have a significant adverse impact on natural dynamic shoreline processes or which would result in a net loss of shoreline ecological functions, shall be prohibited. 5. Aquaculture practices shall be designed to minimize use of artificial substances and shall use chemical compounds that are least persistent and have the least impact on plants and animals. Planning Board Recommended DRAFT City of Edmonds SMP Page 89 of 159 Packet Page 308 of 411 6. If uncertainty exists regarding potential impacts of a proposed aquaculture activity, and for all experimental aquaculture activities, baseline and periodic operational monitoring by a City -approved consultant (unless otherwise provided for) may be required, at the applicant's/proponent's expense, and shall continue until adequate information is available to determine the success of the project and/or the magnitude of any probable significant adverse environmental impacts. Permits for such activities shall include specific performance measures and provisions for adjustment or termination of the project at any time if monitoring indicates significant, adverse environmental impacts that cannot be adequately mitigated. 7. New aquatic species that have not previously been cultivated in Washington State shall not be introduced into City of Edmonds waters without prior written approval of the Director of the Washington State Department of Fish and Wildlife and the Director of the Washington Department of Health. 8. For aquaculture projects using over -water structures, storage of necessary tools and apparatus waterward of the ordinary high water mark shall be limited to containers of not more than 3 feet in height, as measured from the surface of the raft or dock. 9. No processing of any aquaculture product, except for the sorting or culling of the cultured organism and the washing or removal of surface materials or organisms after harvest, shall occur in or over the water unless specifically approved by permit. All other processing and processing facilities shall be located on land and shall be subject to the policies and regulations of this Master Program. 10. Aquaculture wastes shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (RCW 90.480. No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation. 11. Predator control shall not involve the killing or harassment of birds or mammals. Approved controls include, but are not limited to, double netting for seals, overhead netting for birds, and 3-foot high fencing or netting for otters. The use of other non- lethal, non -abusive predator control measures shall be contingent upon receipt of written approval form the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service, as required. 12. All floating and submerged aquaculture structures and facilities in navigable waters shall be marked in accordance with U.S. Coast Guard requirements. D. Aquaculture Application Requirements Planning Board Recommended DRAFT City of Edmonds SMP Page 90 of 159 Packet Page 309 of 411 1. Applications for aquaculture use or development shall include in their applications all information necessary to conduct a thorough evaluation of the proposed aquaculture activity, including but not limited to the following: a. A site plan map including: i. The perimeter of the proposed aquaculture operations area. ii. Existing bathymetry depths based on Mean Lower Low Water (MLLW datum). iii. Adjacent upland use, vegetation, presence of structures, docks, bulkheads and other modifications. If there are shore stabilization structures, provide the beach elevation at the toe of the structure and the top of the structure (MLLW datum). iv. Areas where specific substrate modification will take place or structures will be constructed or installed. v. Access provisions for barges or track equipment. vi. Location of storage or processing structures or facilities. b. A baseline description of existing conditions, including best available information on; i. Water quality. ii. Tidal variations. iii. Prevailing storm wind conditions. iv. Current flows. v. Flushing rates. vi. Littoral drift. vii. Areas of differing substrate composition. viii. Areas of aquatic, intertidal, and upland vegetation complexes. ix. Existing shoreline or water uses and structures. x. Aquatic and benthic organisms. xi. A vegetation habitat survey must be conducted. The WDFW must be contacted prior to the survey to ensure it is conducted according to the most current WDFW eelgrass/macroalgae survey guidelines. Planning Board Recommended DRAFT City of Edmonds SMP Page 91 of 159 Packet Page 310 of 411 xii. Further baseline studies including surveys and sampling may be required depending upon the adequacy of available information, existing conditions, and the nature of the proposal. c. A detailed description of the project proposal including: i. Species to be reared. ii. Substrate modification or vegetation removal. iii. Planting, harvest and processing location, method and timing, including work proposal and construction techniques proposed, type of work, frequency, and duration. d. Anticipated use of any feed, pesticides, herbicides, antibiotics, vaccines, growth stimulants, antifouling agents, or other chemicals, and an assessment of predicted impacts. No such materials shall be used until approval is obtained from all appropriate State and Federal agencies, including but not limited to the U.S. Food and Drug Administration, and the Washington State Departments of Ecology, Fish and Wildlife, and Agriculture, as required, and proof thereof is submitted to the City. Compounds with the least persistence shall be used. Number of employees/workers necessary for the project, including average and peak employment. f. Methods of waste disposal and predator control. g. Methods to address pollutant loading, including biological oxygen demand (BOD). h. Assessment of potential impacts on shoreline ecological functions and processes addressing the baseline conditions identified, including but not limited to indirect cumulative effects. i. For floating culture facilities or other structures, the City may require a visual impact analysis. Depending on the size and complexity of the proposal, such analysis may be prepared by the applicant/proponent, without professional assistance, provided that it includes an adequate assessment of impacts. j. Information demonstrating that the site has natural potential for the type(s) of aquaculture proposed, due to necessary substrate or other conditions, as well as water quality suitable for the type(s) of aquaculture proposed. k. Information demonstrating that the proposed aquaculture activities will not result in a net loss of shoreline ecological functions or processes or adversely affect habitat conservation areas. Planning Board Recommended DRAFT City of Edmonds SMP Page 92 of 159 Packet Page 311 of 411 1. Information demonstrating that the proposed aquaculture activities will not substantially and materially conflict with areas devoted to established uses of the aquatic environment. Such uses include but are not limited to navigation, moorage, sport or commercial fishing, log rafting, underwater utilities, and scientific research. Existing public opportunities for gather wild stock aquatic resources on public lands shall be address in any application for aquaculture on public tidelands or bedlands. Compensation for loss of public access to public aquatic resources may be required. 2. Application for aquaculture activities must demonstrate that the proposed activity will be compatible with surrounding existing and planned uses. a. Aquaculture activates shall comply with all applicable noise, air, and water quality standards. All projects shall be designed, operated and maintained to minimize odor and noise. b. Aquaculture activities shall be restricted to reasonable hours and/or days of operation when necessary to minimize substantial, adverse impact from noise, light, and/or glare on nearby residents, other sensitive uses or critical habitat. c. Aquaculture facilities shall not introduce incompatible visual elements or substantially degrade the aesthetic qualities of the shoreline. Aquaculture structures and equipment, except navigation aids, shall be designed, operated and maintained to blend into their surroundings through the use of appropriate colors and materials. E. Aquaculture - Shoreline Area Regulations Urban Railroad: n ,,,,,,ettltur-e may be permitted ., a eenditional use „bjeet to ,,olieies and fegtilatiens of this Aquaculture is prohibited. 2. Urban Mixed Use I: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 3. Urban Mixed Use II: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 4. Urban Mixed Use III: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. Residential5. Shoreline polieies and r-egulations of this Program. Proposals eentaining net pen f4eilifies shall be leeated no eloser- than 00 feet ffem the • _ N4 of this environment, ifie Otherlesser- distanee is detefmified to be appropriate based Won a Visual ypesmay� ffeet. of the 614AWN4 Wit prohibited.in stieh eases a visual analysis shall be fnanda4of�-.-_Aquaculture is Planning Board Recommended DRAFT City of Edmonds SMP Page 93 of 159 Packet Page 312 of 411 6. Shoreline Residential II: loea4ed no eloser- than 1,500 feet from the OHWN4 of this polieies and r-egulations of this Pr-ogr-afn. Proposals eofAaining net pen f4eilifies shall be lose,- disc nee ;s detefmined to be appropriate based ,pon a vistial imp aflalysis-.Aquaculture is prohibited. 7. Shoreline Residential III: Aquaculture is prohibited. 8. Aquatic I: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 9. Aquatic II: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. 10. Conservancy: Aquaculture may be permitted as a conditional use subject to policies and regulations of this Program. Proposals ^ ntai ing not pen f edifies shall be 10eatea r 11. Natural: Aquaculture activities that do not require structures, facilities, or mechanized harvest practices, and that will not result in the alteration of natural systems or features may be permitted as a conditional use subject to policies and regulations of this Program. 24.60.020 Boating Facilities A. Applicability The section applies to facilities that provide launching, storage, supplies, moorage, and other services for five or more pleasure and/or commercial watercraft. Commercial development, not accessory to the operation of a marina, shall comply with ECDC 24.60.030, Commercial Development. For the purposes of this section, boating facilities excludes docks serving four or fewer single family residences which are subject to the policies and regulations of ECDC 24.50.030, Piers, Docks and Floats. B. Boating Facilities Policies 1. Boating facilities, including marinas and launch ramps, are water -dependent uses and should be given priority for shoreline location. Boating facilities should contribute to public access and enjoyment of waters of the state. 2. Boating facilities should provide physical and visual public shoreline access and provide for multiple use, including water -related use, to the extent compatible with shoreline ecological functions and processes and adjacent shoreline use. Planning Board Recommended DRAFT City of Edmonds SMP Page 94 of 159 Packet Page 313 of 411 3. Accessory uses to boating facilities should be limited to water -oriented uses, or uses that provide physical or visual shoreline access for substantial number of the general public. 4. Boating facilities shall be located, designed, constructed and operated in a manner that will minimize damage to shoreline processes and functions. When impacts cannot be avoided, impacts must be mitigated to assure no net loss of ecological function necessary to sustain shoreline resources. 5. Boating facilities should be located, designed and operated so that other appropriate water -dependent uses are not adversely affected. 6. Location and design of boating facilities should not unduly obstruct navigable waters and should avoid adverse effects to recreation opportunities such as fishing, pleasure boating, commercial aquaculture, swimming, beach walking, picnicking and shoreline viewing. 7. Boating facilities should be located, designed, constructed and maintained to avoid adverse proximity impacts such as noise, light and glare; aesthetic impacts to adjacent land uses; impacts to public visual access to the shoreline. C. Boating Facilities Regulations 1. The following moorage structures are prohibited in the shoreline jurisdiction: a. Aircraft moorage, except that aircraft maybe temporarily moored (not to exceed 36 hours) in the event of severe weather conditions. b. Covered moorage. 2. Marinas or launch ramps shall not be permitted within the following marine shoreline habitats because of their scarcity, biological productivity and sensitivity unless no alternative location is feasible, the project would not result in a net loss of shoreline ecological functions, and the proposal is otherwise consistent with this Program. a. Marshes, estuaries and other wetlands; b. Tidal pools and rock shores; c. Kelp beds, eelgrass beds, spawning and holding areas for forage fish(such as herring, surf smelt and sand lance); d. Subsistence, commercial and recreational shellfish beds; and e. Other critical saltwater habitats Planning Board Recommended DRAFT City of Edmonds SMP Page 95 of 159 Packet Page 314 of 411 3. Boating facilities and accessory uses shall be designed so that lawfully existing or planned public shoreline access and/or navigation rights are not unnecessarily blocked, obstructed or made dangerous. 4. The boating facility shall be designed to avoid the need for maintenance dredging. 5. Boat Storage: a. Marinas shall provide dry upland boat storage with a launch mechanism to protect shoreline ecological functions and processes, efficient use shoreline space and minimize consumption of public water surface area unless: i. No suitable upland locations exist for such facilities; or ii. It can be demonstrated that wet moorage would result in fewer impacts to ecological functions and processes; or iii. It can be demonstrated that wet moorage would enhance public use of the shoreline. b. Dry moorage and other storage areas should be located away from the shoreline and be landscaped with native vegetation to provide a visual and noise buffer for adjoining uses. 6. Waste Disposal. a. Marinas shall provide pump out, holding, and/or treatment facilities for sewage contained on boats or vessels. b. Discharge of solid waste of sewage into a water body is prohibited. Marinas and boat launch ramps shall provide adequate restroom and sewage disposal facilities in compliance with applicable health regulations. c. Garbage or litter receptacles shall be provided and maintained by the operator at several locations convenient to users. d. Marina operators shall post all BMP's pertaining to handling, disposal and reporting of waste, sewage, fuel, oil or toxic materials where all users may easily read them. 7. Oil Product Handling, Spills, and Wastes. Fail safe facilities and procedures for receiving, storing, dispensing, and disposing of oil or hazardous projects, as well as a spill response plan for oil and other products, shall be required of new marinas and expansion or substantial alteration of existing marinas. Compliance with Federal or State law may fulfill this requirement. Handling of fuels, chemicals or other toxic materials must be in compliance with all applicable Federal and State water quality laws as well as Planning Board Recommended DRAFT City of Edmonds SMP Page 96 of 159 Packet Page 315 of 411 health, safety and engineering requirements. Spill prevention and response, including report requirements, follow applicable Federal and State requirements. 8. Public Access. Marinas and boat launches shall provide public access for as many water - dependent recreational uses as possible, commensurate with the scale of the proposal. Features for such access could include but are not limited to docks and piers, pedestrian bridges to offshore structures, fishing platforms, artificial pocket beaches, and underwater diving and viewing platforms. 9. Prohibited substances. No part of a boating facility that may come in contact with the water may be treated with or consist of creosote, oil based paints, toxic chemicals, or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate State and Federal regulatory agencies. 10. If the boating facility will extend waterward of the inner harbor line or extended mooring on waters of the state is proposed, the applicant must obtain a lease from the Department of Natural Resources prior to proposing this use. 11. No structure regulated under this section, other than moorage structures, boat gear storage lockers, and sheds associated with gas and oil sales for boats, may be waterward of the ordinary high water mark. D. Boating Facilities — Shoreline Area Regulations 1. Urban Railroad: Boating facilities are prohibited. 2. Urban Mixed Use I a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Permitted Accessory Uses: i. Boat and motor sales ii. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Dry land boat storage; provided, however, that stacked storage shall not be permitted to exceed the maximum permitted height in the Urban Mixed Use I shoreline environment. Planning Board Recommended DRAFT City of Edmonds SMP Page 97 of 159 Packet Page 316 of 411 vi. Meeting and special event rooms. vii. Gas and oil sales for boats, if, A. All storage tanks are underground and located upland of the ordinary high water mark; and B. The use has facilities to contain and clean up gas and oil spills. C. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. viii. Boat launch ramps that meet the following requirements: A. The ramp is paved with concrete. B. There is sufficient room on the subject property for maneuvering and parking so that traffic impact on the adjacent public right-of-way will not be significant. C. Access to the ramp is not directly from the adjacent public right-of-way. D. The design of the site is specifically approved by the city. ix. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of waste or hazardous substances which exceed these standards must be place underground. No tank of any kind intended for the permanent storage of waste or hazardous substances shall be permitted 3. Urban Mixed Use II a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Moorage structures and boating facilities may not be located waterward of public parks, public beaches, or public facilities, nor may they be located so as to obstruct waterward view from these public uses. c. Permitted Accessory Uses: i. Boat and motor sales Planning Board Recommended DRAFT City of Edmonds SMP Page 98 of 159 Packet Page 317 of 411 ii. Boat repair and service, including dry docks, boat yards and similar activities iii. Boat motor/engine repair and service; provided, that commercial boat motor/engine repair involving complete engine overhaul or rebuilding shall take place within a building or be screened from public view. iv. Pumping facilities to remove effluent from boat holding tanks v. Meeting and special event rooms. vi. Gas and oil sales for boats, if, 1. All storage tanks are underground and located upland of the ordinary high water mark; and 2. The use has facilities to contain and clean up gas and oil spills. 3. Gas and oil sales may be conducted with an Overwater shed that is not more than 150 square feet in area and 15 feet in height as measured from the top of the deck. vii. Boat launch ramps that meet the following requirements: 1. The ramp is paved with concrete. 2. There is sufficient room on the subject property for maneuvering and parking so that traffic impact on the adjacent public right-of-way will not be significant. 3. Access to the ramp is not directly from the adjacent public right-of-way. 4. The design of the site is specifically approved by the city. viii. Waste oil storage tanks not to exceed 500 gallons may be located above ground. Hazardous waste may be stored temporarily above ground in not more than nine 55-gallon drums. Such drums shall have secondary containment. Waste oil and hazardous storage tanks for the temporary storage of waste or hazardous substances which exceed these standards must be placed underground. No tank of any kind intended for the permanent storage of waste or hazardous substances shall be permitted. 4. Urban Mixed Use III: Boating facilities are prohibited. 5. Shoreline Residential I. Boating facilities are prohibited. Planning Board Recommended DRAFT City of Edmonds SMP Page 99 of 159 Packet Page 318 of 411 6. Shoreline Residential II. Boating facilities are prohibited. 7. Shoreline Residential III a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Accessory uses are not permitted in conjunction with moorage structure. c. Moorage structures and boating facilities may only be developed and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. 8. Aquatic I a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. If the subject property provides moorage for not more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 25 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. c. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 100 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. d. Boat gear storage lockers shall not exceed 18 square feet in area and three feet in height as measured from the top of the deck. Only one storage locker is permitted per boat slip. Planning Board Recommended DRAFT City of Edmonds SMP Page 100 of 159 Packet Page 319 of 411 9. Aquatic II a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. No moorage structure on private property may be within 100 feet of a public park. No moorage structure may be within 25 feet of another moorage structure not on the subject property. d. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. e. Boat gear storage lockers shall not exceed 18 square feet in area and three feet in height as measured from the top of the deck. Only one storage locker is permitted per boat slip. This provision does not apply to under covered moorage structures. 10. Conservancy a. Boating facilities are permitted subject to the policies and regulations of this Master Program. b. Accessory uses are not permitted in conjunction with boating facilities. c. Moorage structures and boating facilities may only be developed and used accessory to detached dwelling units on waterfront lots. Use of the moorage structure and facilities is limited to the residents and guests of the waterfront lots to which the moorage is accessory. Moorage space may not be leased, rented, sold, or otherwise made available to other than the residents and guests of the waterfront lots to which the moorage is accessory. d. Moorage structures and boating facilities may not provide moorage for more than two boats; provided, however, that waterfront lots are encourage to develop joint or shared moorage facilities. If this occurs, the joint or shared moorage facility may contain up to two moorages for each waterfront lot participating in the joint or shared moorage facility. e. If the subject property provides moorage for not more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 25 feet of a public park. ii. No moorage structure may be within 25 feet of another moorage structure not on the subject property. Planning Board Recommended DRAFT City of Edmonds SMP Page 101 of 159 Packet Page 320 of 411 iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. f. If the subject property provides moorage for more than two boats, the following setbacks apply: i. No moorage structure on private property may be within 100 feet of a public park. ii. No moorage structure may be with 25 feet of another moorage structure not on the subject property. iii. The side property line setback is 10 feet, provided however that joint use moorage facilities may be located within the setback with the lot which shares the facility. 11. Natural. Boating facilities are prohibited. 24.60.030 Commercial Development and Light Industrial A. Applicability Commercial development means those uses and facilities that are involved in wholesale or retail trade or business activities. Examples include but are not limited to restaurants, hotels, shops, offices, and recreation facilities. Industry applies to those businesses or uses involved in the production, processing, manufacturing, or fabrication of goods. Warehousing and storage of materials or products is considered part of the industrial process. This is a broad category that mostly applies to the downtown Commercial Waterfront (CW) where development must also comply with ECDC 16.55. Uses and activities associate with commercial development that are identified as separate use activities in this Master Program, such as Boating Facilities, Piers and Docks, Utilities, etc. are subject to the regulations established for those uses in addition to the standards for commercial development. The design, layout and operation of certain commercial uses directly affects their classification with regard to whether or not they qualify as water related or water enjoyment uses. B. Commercial Development and Light Industrial Policies 1. In securing shoreline locations for commercial and light industrial use, preference should be given first to water -dependent commercial uses, then to water -related, water - enjoyment commercial uses. 2. Restoration of impaired shoreline ecological functions and processes should be encouraged as part of commercial and light industrial development. 3. Commercial and light industrial development should ensure visual compatibility with adjacent noncommercial properties. Planning Board Recommended DRAFT City of Edmonds SMP Page 102 of 159 Packet Page 321 of 411 4. Commercial and light industrial uses located in the shoreline should provide public access in accordance with constitutional or other legal limitations unless such improvements are demonstrated to be infeasible or present hazards to life and property. 5. Commercial and light industrial development should be encouraged to locate where environmental cleanup and restoration of the shoreline area can be incorporated. C. Commercial Development and Light Industrial Regulations 1. Commercial and light industrial uses are allowed subject to the policies and regulations of ECDC 24.40.020 and the specific criteria below: a. Water -dependent commercial and light industrial uses shall be given preference over water -related and water -enjoyment commercial uses. Prior to approval of water dependent uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water - dependent use. b. Water -related commercial and light industrial uses may not be approved if the use displaces existing water -dependent uses. Prior to approval of water -related commercial uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water - related use. c. Water -enjoyment commercial uses may not be approved if they displace existing water -dependent or water -related uses. Prior to approval of water -enjoyment uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water -enjoyment use. d. Nonwater-oriented commercial and light industrial uses may be permitted where located on a site physically separated from the shoreline by another property in separate ownership or a public right-of-way such that access for water -oriented use is precluded. All other nonwater-orientatedoriented uses are prohibited in the shoreline unless the use provides significant public benefit with respect to the objectives of this Master Program and the Shoreline Management Act and is: i. Part of a mixed use project that includes a water-oruse; or ii. Proposed on a site where navigability is severely limited. 2. Over -water construction of commercial and light industrial uses is prohibited except as follows: Planning Board Recommended DRAFT City of Edmonds SMP Page 103 of 159 Packet Page 322 of 411 a. Only those portions of water -dependent commercial and light industrial uses that require over -water facilities shall be permitted to locate waterward of the ordinary high-water mark. b. Nonwater-dependent commercial and light industrial uses shall not be allowed over water except in limited instances where they are appurtenant to and necessary in support of water -dependent uses. D. Commercial Development and Light Industrial— Shoreline Area Regulations 1. Urban Railroad: Commercial and light industrial use and development is prohibited. 2. Urban Mixed Use I: a. Water-eQoriented commercial and light industrial use and development is permitted subject to the policies and regulations of this Master Program. Nonwater- orientate commercial use and development may be permitted subject to the criteria for such uses in ECDC 24.60.030.C. Ld. b. A minimum of 15-foot setback is required from lot lines adjacent to shoreline residential environments. This area must be fully landscaped and include a minimum six-foot high fence or hedge. 3. Urban Mixed Use II: a. Water -oriented commercial and light industrial use and development is permitted subject to the policies and regulations of this Master Program. Nonwater- orientate commercial use and development may be permitted subject to the criteria for such uses in ECDC 24.60.030.C. Ld. b. A minimum of 15-foot setback is required from lot lines adjacent to shoreline residential environments. This area must be fully landscaped and include a minimum six-foot high fence or hedge. 4. Urban Mixed Use III: Commercial and light industrial use is permitted subject to the policies and regulations of this Master Program. Nonwater-oriented commercial use and development shall be permitted. 5. Shoreline Residential I: Commercial and light industrial use and development is prohibited. 6. Shoreline Residential II: Commercial and light industrial use and development is prohibited. 7. Shoreline Residential III: Commercial and light industrial use and development is prohibited. Planning Board Recommended DRAFT City of Edmonds SMP Page 104 of 159 Packet Page 323 of 411 8. Aquatic I: Commercial and light industrial use and development is prohibited, except that water -dependent uses and appurtenant structures may be permitted subject to the use and development regulations of the abutting upland shoreline area designation. 9. Aquatic II: Commercial and light industrial use and development is prohibited, except that water -dependent uses and appurtenant structures may be permitted subject to the use and development regulations of the abutting upland shoreline area designation. 10. Conservancy: Commercial and light industrial use and development is prohibited. 11. Natural: Commercial and light industrial use and development is prohibited. 24.60.040 Forest Practices A. For the purposes of this Master Program, preparatory work associated with the conversion of land to non -forestry uses and/or developments shall not be considered forest practices and shall be reviewed in accordance with the provisions for the proposed non -forestry use, the general provisions of this Master Program, including vegetation conservation, and shall be limited to the minimum necessary. B. All forest practices undertaken on shorelines shall comply with the applicable policies and provisions of the Forest Practices Act, Chapter 76.09 RCW as amended, and any regulations adopted pursuant thereto (WAC 222), as administered by the Department of Natural Resources and local provisions contained in Title 20 ECDC. 24.60.050 In -stream Structures A. Applicability. "In -Stream structure" means a structure place by humans within a stream or river waterward of the ordinary high water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. B. In -stream Structure Policies In -stream structures should provide for the protection and preservation of ecosystem - wide processes, ecological functions, and cultural resources, including, but not limited to, fish and fish passage, wildlife and water resources, shoreline critical areas, hydrogeological processes, and natural scenic vistas. C. In -stream Structure Regulations. The location and planning of in -stream structures shall give due consideration to the full range of public interests, watershed functions and processes, and environmental concerns. Planning Board Recommended DRAFT City of Edmonds SMP Page 105 of 159 Packet Page 324 of 411 2. In -stream structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. 3. In -stream structures shall allow for normal ground water movement and surface runoff. 4. In -stream structures shall preserve valuable recreation resources and aesthetics values. 24.60.060 Recreational Development A. Applicability Recreational development provides opportunities for play, sports, relaxation, amusement, or contemplation. It includes facilities for passive recreational activities, such as hiking, photography, viewing, and fishing. It also includes facilities for active or more intensive uses such as parks, campgrounds, and golf courses. This section applies to both publicly and privately owned shoreline facilities intended for use by the public or a private club, group, association, or individual. Commercial recreational development must be consistent with he provisions of this section and the provisions of ECDC 24.60.030 for commercial uses. This Master Program gives priority to recreational development that is primarily related to access to, enjoyment and use of the water and shorelines of the state. B. Recreational Development Policies Encourage the coordination of local, state, and federal recreation planning so as to mutually address recreational needs. Shoreline recreational development should be consistent with all adopted park, recreation, and open space plans. 2. Encourage the linkage of shoreline parks, recreation areas, and public access points in a linear system, such as hiking paths, bicycle paths, and scenic drives. 3. Locate and design recreational developments in a manner that preserves, enhances, or creates scenic views and vistas. 4. Locate and design recreational facilities to minimize adverse impacts including those related to stormwater runoff, water quality, visual qualities, public access, and vegetation and habitat maintenance. 5. Encourage physical and visual access to shorelines and surface waters. 6. Locate golf courses outside of the shoreline area. 7. Prohibit use of recreational off -road vehicles within the shoreline area, except by public agencies for maintenance operations and emergency services. Planning Board Recommended DRAFT City of Edmonds SMP Page 106 of 159 Packet Page 325 of 411 C. Recreational Development Regulations Where significant adverse impacts are adequately mitigated resulting in no net loss of ecological processes or functions, recreational development is a priority use for shoreline location, subject to the following: 1. The following recreational uses and developments are prohibited: a. Golf courses; b. Use of recreational off -road vehicles is prohibited within the shoreline, except by public agencies for maintenance operations and emergency services; c. Campgrounds; and d. Overnight recreational spaces or sites located within the shoreline. 2. Recreational facilities shall make adequate provisions for: a. Vehicular and pedestrian access, both on -site and off -site; b. Vehicular traffic, both inside and outside the facility; c. Vehicular parking; d. Water supply, sewage disposal, and garbage collection; e. The prevention of overflows and trespasses onto adjacent properties; f. Screening, buffer strips, fences, and signs to prevent park overflow and to protect the value and enjoyment of adjacent or nearby private or public properties; g. Security; and h. Maintenance. 3. Valuable shoreline resources and fragile or unique areas, such as wetlands and accretion shore forms, shall be used only for non -intensive recreation activities. 4. Encourage recreational facilities to provide signage and enforce regulations that prohibit tree cutting and limit the taking of marine life, driftwood, and the like. 5. Signs associated with recreational facilities shall be kept to a minimum in number and size and shall be erected as informational or directional aids only. Planning Board Recommended DRAFT City of Edmonds SMP Page 107 of 159 Packet Page 326 of 411 6. Stairways and landings shall be located upland of existing bulkheads, banks, and the ordinary high water mark unless integral to a water -dependent use or Overwater structure permitted by this Master Program. D. Recreational Development — Shoreline Area Regulations 1. Urban Railroad: Recreational development prohibited. 2. Urban Mixed Use I: Water -reoriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 3. Urban Mixed Use II: Water -reoriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 4. Urban Mixed Use III: Water-efientate recreational use and development is permitted subject to the policies and regulations of this Master Program. 5. Shoreline Residential I: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 6. Shoreline Residential II: Water-efiefftate recreational use and development is permitted subject to the policies and regulations of this Master Program. 7. Shoreline Residential III: Water -oriented recreational use and development is permitted subject to the policies and regulations of this Master Program. 8. Aquatic I: Water -oriented recreational use and development is permitted, subject to the use and development regulations of the abutting upland shoreline area designation; provided that, underwater parks may be permitted as a conditional use. 9. Aquatic II: Water -oriented recreational use and development is permitted, subject to the use and development regulations of the abutting upland shoreline area designation; provided that, underwater parks may be permitted as a conditional use. 10. Conservancy: Low intensity water -on recreational use and development is permitted subject to the policies and regulations of the Master Program and the following criteria: a. Structures will not result in more than ten percent (10%) building coverage or 4,000 square feet, whichever is greater and total impervious surface will not exceed twenty percent (20%), or 10,000 square feet, whichever is greater. b. Alteration of topography shall be limited to the minimum necessary to accommodate allowed development. Planning Board Recommended DRAFT City of Edmonds SMP Page 108 of 159 Packet Page 327 of 411 Use of areas or facilities will not result in use patterns that lead to degradation of shoreline ecological functions and processes. 11. Natural: Low intensity water -oriented recreational use and development consisting of primitive trails may be permitted as a conditional use subject to the policies and regulations of this Master Program and the following criteria: a. Essential minor structures such as trails, boardwalks, piers, stairs, small picnic areas, viewpoints, restrooms, interpretive facilities, or development that will not result in a net loss of shoreline ecological functions and processes are permitted, subject to the policies and regulations of this Master Program. b. Any necessary landscaping shall use native or similar self -maintaining vegetation. c. Recreational development requiring extensive structures or substantial alterations to topography or native vegetation is prohibited. 24.60.070 Residential Development A. Applicability Residential development refers to one of more buildings, structures, lots, parcels, or portions of parcels that are used or intended to be used to provide a dwelling for human beings. Residential development includes single-family residences, duplexes, other detached dwellings, multifamily residences, apartments, townhouses, mobile home parks, group housing, condominiums, subdivisions, planned unit developments, and short subdivisions. Residential development also includes accessory uses and structures such as garages, sheds, tennis courts, swimming pools, driveways, parking areas, fences, cabanas, saunas, and guest cottages, when allowed by the underlying zoning. Single-family residential development is identified as a priority use the shoreline area when developed in a manner consistent with control of pollution and prevention of damage to the natural environment. A Substantial Development Permit is not required for construction of a single-family residence by an owner, lessee, or contract purchaser for his own use of the use of his family. However, such construction and all normal appurtenant structures must otherwise conform to this Master Program. In addition, when applicable, all residential development is subject to the variance and conditional use requirements of this Master Program. Uses and facilities associate with residential development, which are identified as separate use activities or modifications in this Master Program, such as clearing, grading and landfill are subject to the regulations established for those uses in this Master Program. B. Residential Development Policies Planning Board Recommended DRAFT City of Edmonds SMP Page 109 of 159 Packet Page 328 of 411 1. Discourage residential structures or accessory structures in areas waterward of the ordinary high water mark, within nearshore management areas, or within wetlands, habitat conservation areas, flood hazard areas or their respective buffers. 2. Allowable density of new residential development should comply with applicable comprehensive plan goals and policies, zoning restrictions, and shoreline area designation standards. The density of development should be appropriate to the local natural and cultural features. 3. Structures or development for uses accessory to residential use should preserve shoreline open space, be visually and physically compatible with adjacent shoreline features, be reasonable in size and purpose, and result in no net loss of shoreline ecological functions and processes. 4. New residential development should be planned and built in accordance with the policies and regulations in ECDC 24.50.020 and to minimize the need for shoreline stabilization and flood hazard reduction measures. 5. Measures to conserve native vegetation along shorelines should be required for all residential development. Vegetation conservation may include avoidance or minimization of clearing or grading, restoration of areas of native vegetation, and/or control of invasive species. 6. Consider additional design features for new Planned Residential Developments, subdivisions and short subdivisions that: a. Cluster dwelling units in order to preserve natural features, minimize physical impacts, and provide for public access to the shoreline. b. Maintain usable waterfront areas for the common use of all property owners with the development. 7. Encourage joint use of shoreline facilities, including access stairs. C. Residential Development Regulations Clearing and grading associated with a single-family residence may be exempted from the shoreline substantial development permit requirement, provided the following conditions are met: a. The clearing and grading activity is confined to the construction site; and b. Grading does not exceed 250 cubic yards. 2. New over -water residences, including floating homes, are prohibited. Planning Board Recommended DRAFT City of Edmonds SMP Page 110 of 159 Packet Page 329 of 411 3. Residential development shall be: a. Located and designed to avoid the need for structural shore defense and flood protection works in the foreseeable future. b. Designed to minimize potential conflicts with the use of adjacent public lands and areas of public access. This may include providing a physical separation to reinforce the distinction between public and private space, achieved by providing adequate space, through screening with landscape planting or fences, or other means. 4. Subdivisions: a. Shall comply with local plans, codes, and ordinances. b. Shall be designed to exemplify the definition and policy of the applicable shoreline designation as well as the environmental and physical capabilities of the subject site. c. Shall be designed, configured and developed in a manner that assures no net loss of ecological functions results from the plat or subdivision at full build -out of all lots. d. Shall be prohibited if flood control or shoreline protection measures are necessary to create a residential lot or site area. Shall provide a community recreation and/or open space area for the benefit of all residents or property owners in the development; provided that such provisions shall not apply to lot line adjustments or lot consolidation. f. Public access for the subdivision of a property into 4 or more lots shall be considered in accordance with ECDC 24.40.040 Public Access and Views. g. May be required to cluster residential units and structures to avoid wetlands, habitat conservation areas or landslide hazards that are located on the development site. h. Shall be designed to minimize potential conflicts with the use of adjacent public lands and areas of public access. This may include providing a physical separation to reinforce the distinction between public and private space, achieved by providing adequate space, through screening with landscape planting or fences, or other means. i. Shall comply with the applicable policies and performance standards of this Master Program, with regard to roads, utilities, and other improvements. 5. New multifamily residential development should provide community and/or public access in accordance with ECDC 24.40.040 Public Access and Views. D. Residential Development — Shoreline Area Regulations Planning Board Recommended DRAFT City of Edmonds SMP Page 111 of 159 Packet Page 330 of 411 1. Urban Railroad: Residential development is prohibited. 2. Urban Mixed Use I: Residential development is prohibited. 3. Urban Mixed Use II: Residential development is prohibited. 4. Urban Mixed Use III: Single family and multifamily residential development is permitted subject to the policies and regulations of this Master Program. 5. Shoreline Residential I: Single family residential development is permitted subject to the policies and regulations of this Master Program. 6. Shoreline Residential II: Single family residential development is permitted subject to the policies and regulations of this Master Program. 7. Shoreline Residential III: Single family residential development is permitted subject to the policies and regulations of this Master Program. 8. Aquatic I: Residential development is prohibited. 9. Aquatic II: Residential development is prohibited. 10. Conservancy: Residential development is prohibited. 11. Natural: Residential development is prohibited. 24.60.080 Transportation and Parking A. Applicability Transportation facilities are those structures and developments that aid in land and water surface movement of people, goods, and services. They include roads and highways, bridges and causeways, bikeways, trails, railroad facilities, ferry terminals, float plane terminals, airports, heliports, and other related facilities. B. Transportation and Parking Policies 1. New or expanded public transportation facility route selection and development should be coordinated with related local and state government land use and circulation planning. 2. Transportation system plans and transportation projects within shorelines should provide safe travel ways for non -motorized traffic such as pedestrians and bicyclists. Space for such uses should be required along roads on shorelines, where appropriate, and should be considered when rights -of -way are being vacated. Planning Board Recommended DRAFT City of Edmonds SMP Page 112 of 159 Packet Page 331 of 411 3. Transportation system route planning, acquisition, and design within the shoreline should provide, where possible, for compatible uses such as utility lines, pedestrian shore access or view points, or recreational trails. 4. Avoid unnecessary duplication or roads by making use of existing roads where practicable. 5. Public transportation routes, particularly arterial highways and railways, should be located, designed, and maintained to permit safe enjoyment of adjacent shore areas and properties by other appropriate uses such as recreation or residences. Vegetative screening or other buffering should be considered. 6. Parking is not a preferred use in shorelines and should only be allowed to support authorized uses where no feasible alternatives exist. C. Transportation and Parking Regulations 1. Transportation and parking facilities shall be planned, located, and designed so that routes will have the least possible adverse effect on unique or fragile shoreline features, will not result in a net loss of shoreline ecological functions or adversely impact existing or planned water -dependent uses. 2. Roads shall be located to avoid critical areas. Landfills for transportation facility development are prohibited in water bodies, wetlands, and on accretion beaches, except when all structural and upland alternatives have been proven infeasible and the transportation facilities are necessary to support uses consistent with this program. Such landfill may be permit as a Conditional Use Permit and must comply with the provisions of ECDC 24.50.040. Where impacts cannot be avoided, impacts must be mitigated to assure no net loss of ecological function necessary to sustain shoreline resources. 3. Culverts, bridges and similar devices shall be designed to pass water, sediment, and debris loads anticipated under appropriate hydraulic analysis. 4. All roads and drainage systems shall be maintained to prevent erosion and/or water quality degradation. 5. Road routes shall make provisions for pedestrian, bicycle, and other non -motorized modes of travel whenever feasible. 6. Parking facilities are not a water -dependent use and shall only be permitted within the shoreline to support an authorized use where it can be demonstrated that there are no feasible alternative locations away from the shoreline. 7. All uses must provide sufficient off-street parking spaces in order to accommodate the reasonably anticipated number of vehicles that will be coming to the subject property. Planning Board Recommended DRAFT City of Edmonds SNIP Page 113 of 159 Packet Page 332 of 411 Specific parking standards for uses are identified in the ECDC 17.50, as now or hereafter mended. 8. Parking layouts must be designed efficiently to use the minimum amount of space necessary to provide the required parking and safe and reasonable access. Parking should not be located between the building(s) on the subject property and the shoreline. Exterior parking areas, other than for detached dwelling units, must be attractively landscaped with vegetation that will not obstruct view of the shoreline from adjacent public areas or adjacent public rights -of -way. 9. Transportation facilities shall be constructed of materials that will preclude or minimize adverse affects on water quality or aquatic plants and animals over the long term. Elements within or over water shall be constructed of materials approved by applicable state agencies for use in water for both submerged portions and other components to avoid discharge of pollutants from splash, rain or runoff. No part of a transportation facility that may come in contact with the water may be treated with or consist, in whole or in part, of creosote, oil based paints, toxic chemicals or other substances that would be harmful to the aquatic environment, unless specifically permitted and authorized by appropriate state and federal regulatory agencies. 10. Maintenance activity including vegetation control and erosion control shall be carried out consistent with this Master Program. Necessary minor resurfacing of existing roadways and replacement of culverts that improve shoreline ecological functions may be exempt from substantial development permit requirements as provided by ECDC 24.80.010. 11. Ferry Terminals: a. The maximum permitted height of structures waterward of the ordinary high water mark shall not exceed 35 above the OHWM, except as provided below: i. Structures related to the loading of pedestrian passengers shall be permitted to exceed the maximum permitted height limit when necessary to perform the intended function. ii. Buildings and structures which house pedestrian passengers, employees and equipment storage shall be permitted to be 20 feet above the height of the ferry loading dock. iii. View analysis shall be conducted for ferry structures exceeding 35 feet above the OHWM and structures designed to minimize impacts on view corridors. b. The maximum permitted height of structures landward of the ordinary high water mark shall not exceed 30 feet above the average grade level except that bridge and overpasses may exceed the maximum height limit when necessary to perform their intended function. Planning Board Recommended DRAFT City of Edmonds SMP Page 114 of 159 Packet Page 333 of 411 12. Railroads: a. Overwater Structures are prohibited. b. Accessory buildings shall be located on the landward side of the railroad tracks and a minimum of five feet from the property line. c. The size and configuration of structures shall conform to this program unless federal safety standards require a different size or configuration. D. Transportation and Parking — Shoreline Area Regulations 1. Urban Railroad a. The principal use permitted in this shoreline area is the use of the subject property by the railroad for its tracks (i.e., single main track, double main tracks and team tracks), yards and buildings. b. The following accessory uses structures and facilities are permitted subject to the policies and regulations of this Master Program: i. Subgrade and road bed; ii. Railroad track/road crossing signals; iii. Slide fences; iv. Railroad signals; v. Bridges (i.e. pedestrian overpass bridges, vehicular overpass bridges and pipeline overpass bridges); vi. Railroad signage (i.e., speed, track, whistle, etc.); vii. Drainage facilities, including culverts; viii. Railroad crossings; ix. Buildings for housing of maintenance people not to exceed 600 square feet in area; x. Storage of items for maintaining the area; xi. Railway loading platforms; xii. Underpasses; and Planning Board Recommended DRAFT City of Edmonds SMP Page 115 of 159 Packet Page 334 of 411 xiii. Pedestrian safety fencing provided it does not exceed six feet in height above grade and is not constructed of solid sight -obscuring material. If the proposed fence is to exceed either six feet in height, or is constructed of solid sight obscuring material, then a shoreline conditional use permit is required. xiv. The Maximum permitted height of structures is 25 feet above grade level, except as specified below: 1. Accessory buildings shall not exceed 15 feet in height above average grade level. 2. Bridges and overpasses may exceed the maximum height limit when necessary to perform their intended function. 3. Slide fences shall not exceed fix feet in height. 4. Signal devices and signage shall be determined on a case -by -case basis according to the goals and policies of this Shoreline Master Program and the Shoreline Management Act and when required by federal law or regulation. c. Ferry terminals may be permitted as a conditional use subject to the policies and regulations of this Master Program. 2. Urban Mixed Use I: a. Railroads are permitted subject to the policies and regulations of this Master Program consistent with ECDC 24.60.070.D.1, except that the maximum permitted height of structures is 30 feet, subjects to the same exception listed in ECDC 24.60.070.D.l.b.xiii.I through ECDC 24.60.070.D.l.b.xiii.4. b. Transportation facilities (including ferry terminals and railroads) are permitted subject to the policies and regulations of this Master Program. Parking areas not serving a specific approved water dependent use may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. 3. Urban Mixed Use II: a. Railroads are permitted subject to the policies and regulations of this Master Program consistent with ECDC 24.60.070.D.1, except that the maximum permitted height of structures is 30 feet, subjects to the same exception listed in ECDC 24.60.070.D. l.b.xiii.I through ECDC 24.60.070.D.1.b.xiii.4. b. Transportation facilities (including ferry terminals and railroads) are permitted subject to the policies and regulations of this Master Program. Parking areas not Planning Board Recommended DRAFT City of Edmonds SMP Page 116 of 159 Packet Page 335 of 411 serving specific approved water dependent uses may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. Parking facilities. In the Urban Mixed Use II environment, the 60-foot setback for parking established in ECDC 24.40.090 may be reduced by a maximum of 20 feet if a public walkway or publicly accessible open space is provided waterward of the bulkhead. The parking setback may be reduced by one foot for every one foot of public walkway or publicly accessible open space that is provided waterward of the OHWM, to a maximum of 20 feet. The minimum setback for parking facilities shall be no less than 40 feet from the bulkhead. 4. Urban Mixed Use III: a. Unless permitted as an essential public facility, the following transportation facilities are prohibited in this shoreline area designation: i. Railroads. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 5. Shoreline Residential I a. Unless permitted as an essential public facility, the following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry Terminals; and ill. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 6. Shoreline Residential II a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry Terminals; and Planning Board Recommended DRAFT City of Edmonds SMP Page 117 of 159 Packet Page 336 of 411 iii. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 7. Shoreline Residential III a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry Terminals; and iii. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. 8. Aquatic I a. The following transportation facilities are prohibited in this shoreline area designation: ii7i_Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. c_Ferry terminals may be permitted as a conditional use subject to the policies and regulations of this Master Program. c,d. Transportation facilities of statewide significance currently located on the shoreline may be expanded or altered as a conditional use upon demonstration that alternatives to expanding in or alteration of the Aquatic I environment are not feasible. 9. Aquatic II a. The following transportation facilities are prohibited in this shoreline area designation: Planning Board Recommended DRAFT City of Edmonds SMP Page 118 of 159 Packet Page 337 of 411 ii-.i. Parking. b. Transportation facilities not specifically prohibited above are permitted subject to the policies and regulations of this Master Program. c_Ferry terminals may be permitted as a conditional use subject to the policies and regulations of this Master Program. d. Transportation facilities of statewide significance currently located on the shoreline may be expanded or altered as a conditional use upon demonstration that alternatives to expanding in or alteration of the Aquatic II environment are not feasible. 10. Conservancy a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; and ii. Ferry terminals. b. Transportation facilities not specifically prohibited above may be permitted as a conditional use subject to the policies and regulations of this Master Program, provided there is no feasible location outside of the shoreline. c. Parking facilities may be permitted as a conditional use subject to the policies and regulations of this Master Program. 11. Natural a. The following transportation facilities are prohibited in this shoreline area designation: i. Railroads; ii. Ferry terminals; and iii. Parking. b. Transportation facilities not specifically prohibited above are may be permitted as a conditional use subject to the policies and regulations of this Master Program, provided there is no feasible location outside of the shoreline. 24.60.090 Utilities Planning Board Recommended DRAFT City of Edmonds SMP Page 119 of 159 Packet Page 338 of 411 A. Applicability Utilities are services and facilities that produce, convey, store, or process power, gas, sewage, communications, oil, waste, and the like. On -site utility features serving a primary use, such as a water, sewer or gas line to a residence, are "accessory utilities" and shall be considered a part of the primary use. B. Utilities Policies 1. Solid waste disposal activities and facilities are prohibited in shoreline areas. 2. New public or private utilities should be located inland from the land/water interface, preferably out of the shoreline jurisdiction, unless this location is reasonably necessary for the efficient operation of the utility facility or service. 3. Utilities should be located and designed to avoid negative impacts to public recreation and public access areas and significant natural, historic, archaeological or cultural resources. 4. Utilities should be located such that shoreline defense works will not be required for the life of the project. 5. All utility development should be consistent with and coordinated with all local government and state planning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. Site planning and rights -of -way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible; utility right-of-way acquisition should also be coordinated with transportation and recreation planning. 6. Utilities should be located in existing rights -of -way and corridors whenever feasible. 7. Utilities serving new development should be located underground, wherever feasible. 8. Development of pipelines and cables on aquatic lands and tidelands, particularly those running roughly parallel to the shoreline and development of facilities that may require periodic maintenance which would disrupt shoreline ecological functions should be discourage except where no other feasible alternative exists. When permitted, provisions shall assure that the facilities do not result in a net loss of shoreline ecological functions or significant impacts to other shoreline resources and values. 9. Utilities should be designed and development to preserve scenic views and aesthetic qualities of the shoreline area. C. Utilities Regulations Planning Board Recommended DRAFT City of Edmonds SMP Page 120 of 159 Packet Page 339 of 411 Prohibited Pipelines. Except for gas or oil pipelines, city -approved sanitary sewer, stormwater outfall lines, or other conveyance systems for on -site drainage collection systems for approved boat wash -down to special on -site treatment facilities otherwise permitted in this section, no pipeline for the transmission of any substance that would be hazardous to the aquatic environment may be constructed within the shoreline area. 2. Except where infeasible, all utility lines, pipes, conduits, meters, vaults and similar infrastructures and appurtenances must be placed underground consistent with the standards of the serving utility. 3. Utilities may not be located waterward of the ordinary high water mark unless no practicable alternative exists and this location is essential to the operation of the utility. 4. Utilities shall be located adjacent to or within existing utility or circulation easements or rights -of -way whenever feasible. Joint use of rights -of -way and corridors is encouraged. 5. Utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities, that are not water -dependent shall be located outside of shoreline jurisdiction unless alternative locations are demonstrated to be infeasible and it is demonstrated that the facilities do not result in a net loss of shoreline ecological functions and processes or significant adverse impact to other shoreline resources and values such as parks and recreation facilities, public access and aesthetic resources. 6. Outfall pipelines and diffusers are water -dependent, but should be located only where there will be no net loss in shoreline ecological functions and processes or adverse impacts upon shoreline resources and values. 7. Facilities for processing, storage and disposal of solid waste are not normally water - dependent. Components that are not water -dependent shall not be permitted in shoreline jurisdiction. 8. Temporary storage of solid waste in suitable receptacles is permitted as an accessory use to a primary permitted use, or for litter control. 9. When feasible, utility development shall include public access to the shoreline, trail systems, and other forms of recreation, providing such uses will not unduly interfere with utility operations, endanger the public health, safety, and welfare, or create a significant and disproportionate liability for the owner. 10. Utility developments shall be located and designed so as to avoid, to the extent practicable, the need for any structural or artificial shoreline modification works for the life of the project. D. Utilities Application Requirements Planning Board Recommended DRAFT City of Edmonds SMP Page 121 of 159 Packet Page 340 of 411 Applications for new or expanded shall be accompanied by adequate documentation that the proposal meets the policies and regulations of this Master Program, including but not limited to: 1. Description of the proposed facilities; 2. Reasons why the utility facility requires a shoreline location; 3. Alternative locations considered and reasons for their elimination; 4. Location of other utility facilities in the vicinity of the proposed project and any plans to include the other types of utilities in the project; 5. Plans for reclamation of areas disturbed both during construction and following decommissioning and/or completion of the useful life of the utility; 6. Plans for control or erosion and turbidity during construction and operation; and 7. Identification of any possibility for locating the proposed facility at another existing utility facility sire or within an existing utility right-of-way. E. Utilities — Shoreline Area Regulations 1. Urban Railroad: Utility development is permitted subject to the policies and regulations of this Master Program. 2. Urban Mixed Use I: Utility development is permitted subject to the policies and regulations of this Master Program. 3. Urban Mixed Use II: Utility development is permitted subject to the policies and regulations of this Master Program. 4. Urban Mixed Use III: Utility development is permitted subject to the policies and regulations of this Master Program. 5. Shoreline Residential I: Utility development is permitted subject to the policies and regulations of this Master Program. 6. Shoreline Residential II: Utility development is permitted subject to the policies and regulations of this Master Program. 7. Shoreline Residential III: Utility development is permitted subject to the policies and regulations of this Master Program. 8. Aquatic I: Utility development is permitted subject to the policies and regulations of this Master Program. Planning Board Recommended DRAFT City of Edmonds SMP Page 122 of 159 Packet Page 341 of 411 9. Aquatic II: Utility development is permitted subject to the policies and regulations of this Master Program. 10. Conservancy: Utility development is permitted subject to the policies and regulations of this Master Program. 11. Natural: Utility development may be permitted as a conditional use subject to the policies and regulations of this Master Program. Part VII Nonconforming Development 24.70.000 Purpose The purpose of this section is to allow certain nonconforming uses, buildings, signs and lots within shoreline jurisdiction to continue while limiting the continuation of certain aspects of nonconformity. Other nonconforming uses, buildings, signs and lots, which are declared to be nuisances, are required to be eliminated. 24.70.010 Nonconforming Uses A. Nonconforming uses are shoreline uses which were lawfully established prior to the effective date of the Shoreline Management Act or this Master Program, or amendments thereto, but which do not conform to present regulations or standards of this Master Program or policies of the act. B. A use which is listed as a conditional use but which existed prior to adoption of this Master Program or any relevant amendment and for which a conditional use permit has not been obtained shall be considered a nonconforming use. A use which is listed as a conditional use but which existed prior to the applicability of this Master Program to the site and for which a conditional use permit has not been obtained shall be considered a nonconforming use. C. A nonconforming use may continue, unless required to be abated by subsection (D) of this section, but it may not be expanded in any way, including additional lot areas, floor area, height, number of employees, equipment, or hours of operation, except as otherwise provided in ECDC 24.70.050. D. Lapse of Time. 1. If a nonconforming use is discontinued for 6 consecutive months or for 12 months during any two-year period, any subsequent use shall be conforming. It shall not be necessary to show that the owner of the property intends to abandon such nonconforming use in order for the nonconforming rights to expire. Uses such as agricultural or aquiculture, which Planning Board Recommended DRAFT City of Edmonds SMP Packet Page 342 of 411 Page 123 of 159 vary seasonally, shall be deemed abandoned if the seasonal use is not utilized during one full season consistent with the traditional use. 2. If a nonconforming uses ceases because its building is damaged in excess of 75 percent of its replacement cost, the use may be reestablished if, but only if, an application for a building permit which vests as provided in ECDC 19.00.015, et seq., is filed within six months of the date such damage occurred. After the application has been filed, only one 180-day extension may be granted. 3. The right of reestablishment of use described in subsection D.2 of this section shall not apply if: a. The building or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; or b. The building is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or the owner's agent. In the event that subsection D.3.a or .b of this section apply, the nonconforming use shall be abated if damage exceeds 25 percent of replacement cost. "Replacement cost" shall be determined as proved in ECDC 24.70.020. E. A nonconforming use shall not be changed to another nonconforming use, regardless of the conforming or nonconforming status of the building or structure in which it is housed. 24.70.020 Nonconforming development, building and/or structure A. Nonconforming development means a shoreline development which was lawfully constructed or established prior to the effective date of the Shoreline Management Act or this Master Program, or amendments thereto, but which does not conform to present regulations or standards of the program. B. A nonconforming building is one which once met bulk zoning standards and the site development standards applicable to its construction, but which no longer conforms to such standards due to the enactment or amendment of the zoning ordinance of the city of Edmonds or the application of such ordinance in the case of a structure annexed to the city. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation of the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. Planning Board Recommended DRAFT City of Edmonds SMP Page 124 of 159 Packet Page 343 of 411 C. A structure for which a variance has been issued shall be considered a legal nonconforming structure and the requirements of this section shall apply as they apply to preexisting nonconformities. D. A nonconforming development, building and/or structure which is moved any distance must be brought into conformance with this Master Program. E. Nonconforming development, building and/or structure may be maintained and continued, unless required to be abated elsewhere in this chapter or section; provided, that it is not enlarged, intensified, increased, or altered in any way which increases its nonconformity except as expressly provided in subsection F though L of this section. F. Historic Buildings and Structures. Nothing in this section shall prevent the full restoration by reconstruction of a building or structure which is either listed on the National Register of Historic Places, the Washington State Register of Historic Places, the Washington State Cultural Resource Inventory, or the Edmonds Register of Historic Places, or is listed in a council -approved historical survey meeting the standards of the State Department of Archaeology and Historic Preservation. "Restoration" means reconstruction of the historic building or structure with as nearly the same visual design appearance and materials as is consistent with full compliance with the State Building Code and consistent with the requirements of Chapter 20.45 ECDC, Edmonds Register of Historic Places. The reconstruction of all such historic buildings and structures shall comply with the life safety provisions of the State Building Code. G. If a nonconforming development, building and/or structure is destroyed or damaged to an extent not exceeding 75 percent replacement cost at the time of destruction, it may be restored to its former size, shape and lot location as existing immediately prior to the time the structure was damaged, so long as restoration is either: 1. Completed within one year of the date of damage; or 2. Completed within one year of the date of issuance of all required permits, so long as applications for such permits are vested within six months of the date of damage and are pursued in a timely manner. H. Determination of replacement costs and the level of destruction shall be made by the building official and shall be appealable as Type II staff decision under the provisions of Chapter 20.06 ECDC. I. The right of restoration described in subsection E of this section shall not apply if: 1. The development, building and/or structure was damaged or destroyed due to the unlawful act of the owner or the owner's agent; or 2. The development, building and/r structure is damaged or destroyed due to the ongoing neglect or gross negligence of the owner or the owner's agents. Planning Board Recommended DRAFT City of Edmonds SMP Page 125 of 159 Packet Page 344 of 411 J. Residential Buildings in Commercial Zones. Existing nonconforming buildings in commercial zones in use solely for residential purposes, or structures attendant to such residential use, may be remodeled or reconstructed without regard to the limitations of subsections D, E and G of this section, if, but only if, the following conditions are met: The remodel or reconstruction takes place within the footprint of the original building or structure. "Footprint" shall mean an area equal to the smallest rectangular area in a plane parallel to the ground in which the existing building could be placed, exclusive of uncovered decks, steps, porches, and similar features; and provided, that the new footprint of the building or structure shall not be expanded by more than 10 percent and is found by the city staff to be substantially similar to the original style and construction after complying with current codes. 2. All provisions of the State Building and Electrical Codes can be complied with entirely on the site. No nonconforming residential building may be remodeled or reconstructed if, by so doing, the full use under state law or city ordinance of a conforming neighboring lot or building would be limited by such remodel or reconstruction. 3. These provisions shall apply only to the primary residential use on site and shall not apply to nonconforming accessory buildings or structures. 4. A nonconforming residential single-family building may be rebuilt within the defined building envelope if it is rebuilt with materials and design which are substantially similar to the original style and structure after complying with current codes. "Substantial compliance" shall be determined by the city as a Type II staff decision, except that any appeal of the staff decision shall be to the ADB rather than the hearing examiner. The decision of the ADB shall be final and appealable only as provided in ECDC 20.07.006. K. Subject to the other provisions of this section, an accessory building that is not an accessory dwelling unit shall be presumptively nonconforming if photographic or other substantial evidence conclusively demonstrates that the accessory building existed on or before January 1, 1981. In the case of a property that was annexed after January 1, 1981, then the date shall be that of the effective date of the annexation to the city of Edmonds. Such presumption may be overcome only by clear and convincing evidence. L. BD5 Zone. The BD5 zone was created in part to encourage the adoption and reuse of existing residential structures for live/work and commercial use as set forth in ECDC 16.43.030.B.5. In the BD5 zone, conforming and nonconforming buildings may be converted to commercial or other uses permitted by ECDC 16.43.020 and this Master Program without being required to come into compliance with the ground floor elevation requirements of ECDC 16.43.030.B. Planning Board Recommended DRAFT City of Edmonds SMP Page 126 of 159 Packet Page 345 of 411 24.70.030 Nonconforming Lots A. A noncornforming lot is one which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the local governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development. B. Continuation. A nonconforming lot may be developed for any use allowed by the zoning district in which it is located, so long as such development conforms to other requirements of this Master Program, the Shoreline Management Act, and all other applicable site use and development standards are met or a variance from such site use or development standards has been obtained. In order to be developed a nonconforming lot must meet minimum lot size standards established by the provisions of this code, subject to the provisions of subsection D of this section. C. Combination. If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is to be and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of this Master Program, the Shoreline Management Act, and the Edmonds Community Development Code, except as specifically provided in subsection D of this section. D. Exception for Single -Family Dwelling Units. An applicant may build on single-family residence consisting of no more than one dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies: In a Shoreline Residential environment, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: a. The lot area of the nonconforming lot is not less than the minimum lot areas specified in the table below for the zoning district in which the subject property is located; and b. Community facilities, public utilities and roads required to serve the nonconforming lot are available concurrently with the proposed development; and c. Existing housing stock will not be destroyed in order to create a new buildable lot. Lot Area Table % Needed for Lot Size Needed Zone Legal Lot for legal lot 1 RS-20 60% 12,000 Planning Board Recommended DRAFT City of Edmonds SMP Page 127 of 159 Packet Page 346 of 411 (2) RS-12 70% 8,400 3 RS-10 75% 7,500 4 RS-8 80% 6,400 (5) RS-6 90% 5,400 2. An applicant applies for necessary permits to construct the unit within five years of the date the lot or parcel was annexed into the city and the lot or parcel was lawfully created under provisions of Snohomish County subdivision and zoning laws as well as the laws of the state of Washington; or 3. An applicant may remodel or rebuild on residence on a nonconforming lot without regard to the 75 percent destruction requirement of ECDC 24.70.020.G if a fully completed building permit application is vested within six months of the destruction of the residence and all other development requirements of this Master Program, the Shoreline Management Act, and the Edmonds Community Development Code are complied with; or 4. The lot lines defining the lot or parcel were recorded in the Snohomish county recorder's office prior to December 31, 1972, and the lot or parcel has not at any time been simultaneously owned by the owner of a contiguous lot or parcel which fronts on the same access right-of-way subsequent to December 31, 1972, and the lot or parcel has access to an access right-of-way which meets the minimum requirements established by the Edmonds Community Development Code. 24.70.040 Nonconforming Signs Nonconforming signs are injurious to health, safety and welfare and destructive of the aesthetic and environmental living conditions which this Master Program and zoning ordinances are intended to preserve and enhance. Nonconforming signs shall be brought in to compliance with the provisions of Chapter 20.60 ECDC under the following terms and conditions: A. No nonconforming sign shall be expanded, extended, rebuilt, reconstructed or altered in any way, except as provided below. The following acts are specifically permitted and shall not in and of themselves require conformance with the provisions of this Master Program of Chapter 20.60 ECDC 1. Normal maintenance of the sign; 2. A change in the name of the business designated on the sign; or 3. Any action necessary to preserve the public safety in the event of damage to the sign brought about by an accident an act of God. B. Any nonconforming sign shall be brought into immediate compliance with the code in the event that it is expanded in violation of subsection A of this section. Planning Board Recommended DRAFT City of Edmonds SMP Page 128 of 159 Packet Page 347 of 411 C. None of the forgoing provisions relating to permitted maintenance, name change or preservation of the sing under subsection A of this section shall be construed so as to permit the continuation or preservation of any nonconforming off -premises sign. 24.70.050 Nonconforming local public facilities Existing legal nonconforming local public facility uses, buildings, and/or signs, owned and/or operated by local, state, or federal governmental entities, public service corporations, or common carriers (including agencies, districts, governmental corporations, public utilities, or similar entities) may be expanded, enlarged, altered, or modified, subject to the policies and provisions of this Master Program and review under Chapter 20.16 ECDC, Essential Public Facilities. Part VIII Administration — Shoreline Permits 24.80.000 Purpose This chapter establishes the permit review procedure for shoreline permits, in accordance with the Shorelines Management Act, Chapter 90.58 RCW and Chapter 173-27 WAC. All proposed uses and development occurring within shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and this Master Program, regardless of whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required. 24.80.010 Exemptions from Shoreline Substantial Development Permit Process A. Application and interpretation Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemption from the substantial development permit process. 2. An exemption from the substantial development permit process is not an exemption from compliance with the Shoreline Management Act or the City of Edmonds' Shoreline Master Program, or from any other regulatory requirements. To be authorized, all uses and developments must be consistent with the policies and provisions of this Master Program and the Shoreline Management Act. 3. When a development or use is proposed that does not comply with the bulk, dimensional and performance standards of the master program, such development or use can only be authorized by approval of a variance. 4. A development or use that is listed as a conditional use pursuant to this Master Program or is an unlisted use, must obtain a conditional use permit even though the development or use does not require a substantial development permit. Planning Board Recommended DRAFT City of Edmonds SMP Page 129 of 159 Packet Page 348 of 411 5. The burden of proof that a development or use is exempt from the permit process is on the applicant. 6. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire proposed development project. 7. The City of Edmonds may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Shoreline Management Act and this Master Program. B. Exemptions Listed. The following developments shall not require substantial development permits: Any development of which the total cost or fair market value, whichever is higher, does not exceed five thousand seven hundred eighteen dollars ($5718), if such development does not materially interfere with the normal public use of the water or shorelines of the state. The dollar threshold established in this subsection must be adjusted for inflation every five years consistent with WAC 173-27-040(2)(a). For purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030(2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. 2. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. 3. Construction of the normal protective bulkhead common to single-family residences. A "normal protective" bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single-family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one cubic yard of fill per one foot of wall may be used as backfill. When an existing bulkhead is being repaired by construction of a vertical wall Planning Board Recommended DRAFT City of Edmonds SMP Page 130 of 159 Packet Page 349 of 411 fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the department of fish and wildlife. 4. Emergency construction necessary to protect property from damage by the elements. An "emergency" is an unanticipated and imminent threat to public health, safety, or the environment which requires immediate action within a time too short to allow full compliance with this chapter. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit which would have been required, absent an emergency, pursuant to chapter 90.58 RCW, these regulations, or the local master program, obtained. All emergency construction shall be consistent with the policies of chapter 90.58 RCW and the local master program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. 5. Construction or modification of navigational aids such as channel markers and anchor buoys. 6. Construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for their own use or for the use of their family, which residence does not exceed a height of twenty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to chapter 90.58 RCW. "Single-family residence" means a detached dwelling designed for and occupied by one family including those structures and developments within a contiguous ownership which are a normal appurtenance as defined in 24.90.010.F. Construction authorized under this exemption shall be located landward of the ordinary high water mark. 7. Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single- family and multiple -family residences. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. This exception applies if either: a. In salt waters (Puget Sound), the fair market value of the dock does not exceed two thousand five hundred dollars; or Planning Board Recommended DRAFT City of Edmonds SMP Page 131 of 159 Packet Page 350 of 411 b. In fresh waters (Lake Ballinger) the fair market value of the dock does not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five hundred dollars occurs within five years of completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this chapter. 8. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water from the irrigation of lands. 9. The marking of property lines or corners on state-owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. 10. Operation and maintenance of any system of dikes, ditches, drains, or other similar drainage or utility facilities existing on September 8, 1975, which were created, developed or utilized primarily as a part of an agricultural drainage or diking system. 11. Any project with a certification from the governor pursuant to chapter 80.50 RCW. 12. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, i£ a. The activity does not interfere with the normal public use of the surface waters; b. The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; The activity does not involve the installation of any structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure that the site is restored to preexisting conditions; and e. The activity is not subject to the permit requirements of RCW 90.58.550. 13. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the department of agriculture or the department of ecology jointly with other state agencies under chapter 43.21 C RCW. Planning Board Recommended DRAFT City of Edmonds SMP Page 132 of 159 Packet Page 351 of 411 14. Watershed restoration projects as defined in WAC 173-27-040(2)(o). The administrator shall review the projects for consistency with the shoreline master program in an expeditious manner and shall issue its decision along with any conditions within forty- five days of receiving all materials necessary to review the request for exemption from the applicant. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this section. 15. A public or private project that is designed to improve fish or wildlife habitat or fish passage, when all of the following apply: a. The project has been approved in writing by the department of fish and wildlife; ; b. The project has received hydraulic project approval by the department of fish and wildlife pursuant to chapter 77.55 RCW; and; c. The City has determined that the project is substantially consistent with the local shoreline master program. The City shall make such determination that in a timely manner and provide it by letter to the project proponent. . 24.80.020 Letter of Exemption A. The Administrator is hereby authorized to grant or deny requests for letters of exemption from the shoreline substantial development permit requirement for uses and developments with shorelines that are specifically listed in ECDC 24.80.010.B. The letter of exemption shall indicate the specific exemption of this Program that is being applied to the development, and shall provide a summary of the Administrator's analysis of the consistency of the project with this Master Program and the Shoreline Management Act. As appropriate, such letters of exemption may contain conditions and/or mitigating measures of approval to achieve consistency and compliance with the provisions of this Master Program and the Shoreline Management Act. A denial of an exemption shall be in writing and shall identify the reason(s) for the denial. The Administrator's actions on the issuance of a letter of exemption or a denial are subject to appeal pursuant to ECDC 24.80.110.C. B. A letter of exemption shall be prepared addressed to the applicant/proponent and the Washington State Department of Ecology, pursuant to the requirement of WAC 173-27-050 when the project is subject to one or more of the following Federal permitting requirements: 1. A U.S. Army Corps of Engineers section 10 permit under the Rivers and Harbors Act of 1899; (The provisions of section 10 of the Rivers and Harbors Act generally apply to any project occurring on or over navigable waters. Specific applicability information should be obtained from the Corps of Engineers.); or 2. A section 404 permit under the Federal Water Pollution Control Act of 1972. (The provisions of section 404 of the Federal Water Pollution Control Act generally apply to any project which may involve discharge of dredge or fill material to any water or Planning Board Recommended DRAFT City of Edmonds SMP Page 133 of 159 Packet Page 352 of 411 wetland area. Specific applicability information should be obtained from the Corps of Engineers.) C. Apart from the activities listed in ECDC 24.80.020.13, no letter of exemption shall be required for other uses or developments exempt pursuant to ECDC 24.80.010 unless the Administrator has cause to believe a substantial question exists as to qualification of the specific use or development for the exemption, an applicant requests a letter of exemption, or the Administrator determines there is a likelihood of adverse impacts to shoreline ecological functions. 24.80.030 Review Criteria for All Development No authorization to undertake use or development on shorelines of the state shall be granted unless upon review the use or development is determined to be consistent with the policy and provisions of the Shoreline Management Act and the City of Edmonds Shoreline Master Program. 24.80.040 Substantial Development Permit Criteria A. A substantial development permit shall be required for all proposed use and development of shorelines unless the proposal is specifically exempt pursuant to ECDC 24.80.010. B. In order for a substantial development permit to be approved, the decision maker must find that the proposal is consistent with the following criteria: All regulations of the City of Edmonds Shoreline Master Program appropriate to the shoreline designation and the type of use or development proposed shall be met, except those bulk and dimensional standards that have been modified by an approval of a shoreline variance under ECDC 24.80.060. 2. All policies of the City of Edmonds Shoreline Master Program appropriate to the shoreline designation and the type of use or development proposed shall be considered and substantial compliance demonstrated. 24.80.050 Conditional Use Permit Criteria A. The purpose of a conditional use permit is to provide greater flexibility in the administering of use regulations of this Master Program in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the City or the Department of Ecology to prevent undesirable effects of the proposed use and/or to assure consistency of the project with the Shoreline Management Act and this Master Program. Planning Board Recommended DRAFT City of Edmonds SMP Page 134 of 159 Packet Page 353 of 411 B. Uses specifically classified or set forth in the Master Program as conditional uses may be authorized provided that the applicant demonstrates all of the following: 1. That the proposed use is consistent with the policies of RCW 90.58.020 and the master program; 2. That the proposed use will not interfere with the normal public use of public shorelines; 3. That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program; 4. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and 5. That the public interest suffers no substantial detrimental effect. C. Uses which are not specifically identified as an allowed use or uses which are specifically prohibited by this Master Program may not be authorized pursuant to either subsection B of this section. D. In the granting of all conditional use permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. 24.80.060 Variance Permit Criteria A. The purpose of a variance permit is strictly limited to granting relief from specific bulk, dimensional or performance standards set forth in this Master Program where there are extraordinary circumstances relating to the physical character or configuration of property such that the strict implementation of this Master Program will impose unnecessary hardships on the applicant or thwart the policies set forth in RCW 90.58.020. Variances from the use regulations of this Master Program are prohibited. B. Variances will be granted in circumstances where the denial of the permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the applicant must demonstrate that extraordinary circumstances exist and that the public interest shall suffer no substantial detrimental effect. C. Variance permits for development and/or uses that will be located landward of the ordinary high water mark (OHWM) may be authorized provided the applicant can demonstrate all of the following: Planning Board Recommended DRAFT City of Edmonds SMP Page 135 of 159 Packet Page 354 of 411 1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes, or significantly interferes with lawful, reasonable use of the property; 2. That the hardship described in 1 of this subsection is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this Master Program, and not, for example, from deed restrictions or the applicant's own actions or those of a predecessor in title; 3. That the design of the project is compatible with other authorized uses within the area and with uses planned for the area under the comprehensive plan and shoreline master program and will not cause adverse impacts to the shoreline environment; 4. That the variance will not constitute a grant of special privilege not enjoyed by the other properties in the area; 5. That the variance requested is the minimum necessary to afford relief, and 6. That the public interest will suffer no substantial detrimental effect. D. Variance permits for development and/or uses that will be located waterward of the ordinary high water mark (OHWM) may be authorized provided the applicant can demonstrate all of the following: 1. That the strict application of the bulk, dimensional or performance standards set forth in the applicable master program precludes all reasonable use of the property; 2. That the proposal is consistent with the criteria established under subsection ECDC 24.80.060.C.1 through 6 of this section; and 3. That the public rights of navigation and use of the shorelines will not be adversely affected. E. In the granting of all variance permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example if variances were granted to other developments and/or uses in the area where similar circumstances exist the total of the variances shall also remain consistent with the policies of RCW 90.58.020 and shall not cause substantial adverse effects to the shoreline environment. 24.80.070 Minimum Application Requirements A complete application for substantial development, conditional use, or variance permit shall contain as a minimum, the following information: Planning Board Recommended DRAFT City of Edmonds SMP Page 136 of 159 Packet Page 355 of 411 A. The name, address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent. B. The name, address and phone number of the applicant's representative if other than the applicant. C. The name, address and phone number of the property owner, if other than the applicant. D. Location of the property. This shall, at a minimum, include the property address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location. E. Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which jurisdiction of the act over the project is derived. F. A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project. G. A general description of the property as it now exists including its physical characteristics and improvements and structures. H. A general description of the vicinity of the proposed project including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics. I. A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs and text which shall include: 1. The boundary of the parcel(s) of land upon which the development is proposed. 2. The ordinary high water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline. The precise location of the ordinary high water mark shall be field verified by the City of Edmonds and/or the Department of Ecology. 3. Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed Planning Board Recommended DRAFT City of Edmonds SMP Page 137 of 159 Packet Page 356 of 411 change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area. 4. Existing critical areas as together with any supporting information consistent with the reporting requirements of ECDC 23.40.090. 5. A general indication of the character of vegetation found on the site. 6. The dimensions and locations of all existing and proposed structures and improvements including but not limited to; buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities. 7. Where applicable, a landscaping plan for the project. 8. Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section. 9. Quantity, source and composition of any fill material that is placed on the site whether temporary or permanent. 10. Quantity, composition and destination of any excavated or dredged material. 11. A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties. 12. Where applicable, a depiction of the impacts to views from existing residential uses and public areas. 13. On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses. 24.80.080 Notice of Application A. Upon receipt of a fully completed shoreline substantial development permit, shoreline conditional use permit, or shoreline variance application, the City shall issue a Notice of Application in the manner set forth in ECDC 20.90.010.E. B. The public comment period for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall be thirty (30) days following the date of notice of application. Public comments may be submitted at any time prior to the closing of Planning Board Recommended DRAFT City of Edmonds SMP Page 138 of 159 Packet Page 357 of 411 the record of an open record predecision hearing or, if no open record public hearing is required, prior to the decision on the project permit. C. If an open record predecision hearing, as define in RCW 36.70B.020, is required for the requested project permits, the notice of application shall be provided at least fifteen (15) days prior to the open record hearing. The public hearing shall not be closed to the receipt of written comments prior to thirty (30) days following the date of the notice. 24.80.090 Special Procedures for Limited Utility Extensions and Bulkheads A. An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to all of the requirements of this chapter except that the following time periods and procedures shall be used: The public comment period shall be twenty days. The notice provided shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance; 2. The local government shall issue its decision to grant or deny the permit within twenty- one days of the last day of the comment period specified in subsection (2)(a) of this section; and 3. If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days. B. For purposes of this section, a limited utility extension means the extension of a utility service that: 1. Is categorically exempt under chapter 43.21 C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer; 2. Will serve an existing use in compliance with this chapter; and 3. Will not extend more than two thousand five hundred linear feet within the shorelines of the state. 24.80.100 Public Hearings A. The Administrator shall determine whether an application requires a public hearing pursuant to the criteria below no later than fifteen (15) days after the minimum public comment period provided by ECDC 24.80.080.B. An open record public hearing shall be required for all of the following: Planning Board Recommended DRAFT City of Edmonds SMP Page 139 of 159 Packet Page 358 of 411 One or more interested persons has submitted to the administrator, with 15 days of the final publication notice of the application, a written request for such a hearing together with a statement of the reasons for the request; or 2. The proposal is determined to have a significant adverse impact on the environment and an Environmental Impact Statement is required in accordance with the State Environmental Policy Act; or 3. The proposal requires a variance and/or conditional use approval pursuant to this Master Program; or 4. The use or development requires an open record public hearing for other City of Edmonds approvals or permits. 24.80.110 Notice of Decision, Reconsideration, and Appeals A. Notice of Decision 1. Within five days of a decision for action on a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance, the Administrator shall mail or hand deliver a copy of the final decision to the following: a. The applicant/proponent; b. Any person(s) who have filed a written request for a copy of the decision; c. All persons who submitted substantive written comments on the application.; and d. The Department of Ecology. 2. The notice of decision to ECDC 24.80.110.A.1.a through c shall include findings and conclusions, and a statement of the SEPA threshold determination and the procedures for an appeal (if any) of the permit decision or recommendation. 3. Decisions filed with the Department of Ecology shall contain the following information: 1. A copy of the complete application; 2. Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation(s), applicable Master Program policies and regulations and the consistency of the project with appropriate review criteria for the type of permit(s). 3. The final decision of reached by the City of Edmonds on the proposal; Planning Board Recommended DRAFT City of Edmonds SMP Page 140 of 159 Packet Page 359 of 411 4. A completed permit data sheet in the form provided in WAC 173-27-990 or hereafter amended. 5. Where applicable, the City of Edmonds shall also file the applicable documents required by SEPA, or in lieu thereof, a statement summarizing the actions and dates of such actions taken under RCW 43.21C. B. Reconsideration. The applicant/proponent or any party of record may request reconsideration of any final action by the decision maker within (10) days of the decision. Grounds for reconsideration must be based upon the content of the written decision. The decision maker is not required to proved a written response or modify his/her original decision. He/she may initiate such action as he/she deems appropriate. The procedure of reconsideration shall not pre-empt or extend the appeal period for a permit or affect the date of filing with the Department of Ecology, unless the applicant/proponent requests the abeyance of said permit appeal period in writing with ten (10) days of a final action. C. Appeals 1. Local appeals of decision by the Shoreline Administrator or the Hearing Examiner shall be pursuant to the procedure and timelines of ECDC 20.01, ECDC 20.06, and ECDC 20.07.. 2. Appeals of a final decision of the City of Edmonds or the Department of Ecology shall be filed within 21 days of the date of filing of the final permit and shall be heard by the Shorelines Hearings Board pursuant to the procedures and timelines of RCW 90.58.180. 24.80.120 Initiation of Development A. Development pursuant to a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall not begin and shall not be authorized unit twenty-one (2 1) days after the "date of filing" or until all review proceeding before the Shoreline Hearings Board have terminated. B. Date of filing: 1. "Date of filing" of a substantial development permit is the date of actual receipt of the decision by the Department of Ecology. 2. The "date of filing" for a shoreline conditional use permit or a shoreline variance shall mean the date the permit decision rendered by the Department of Ecology is transmitted by the Department to the City of Edmonds and the applicant/proponent. 24.80.130 Revisions A. A revision is required when an applicant proposes substantive changes to the design, terms, or conditions of an approved permit. Changes are "substantive' if they materially alter the Planning Board Recommended DRAFT City of Edmonds SMP Page 141 of 159 Packet Page 360 of 411 project in a manner that relates to its conformance to the terms and conditions of the permit, this Master Program, or the Shoreline Management Act. Changes, which the Administrator determines are not substantive, do not require approval of a revision. B. When a permit revision is required, the applicant shall submit detailed plans and text describing the proposed changes. If the Administrator determines that the revisions proposed are within the scope and intent of the original permit, the Administrator may approve the revision as a Type II decision. C. "Within the scope and intent of the original permit" means all of the following: 1. No additional over water construction is involved except that pier, dock, or float construction may be increased by five hundred square feet (500) or ten percent (10%) from the provisions of the original permit, whichever is less; 2. Ground area coverage and height maybe increased a maximum often percent (10%) from the provisions of the original permit; 3. The revised permit does not authorize development to exceed height, lot coverage, setback, or any other requirements of the applicable master program except as authorized under a variance granted as the original permit or a part thereof; 4. Additional or revised landscaping is consistent with any conditions attached to the original permit and with the applicable master program; 5. The use authorized pursuant to the original permit is not changed; and 6. No adverse environmental impact will be caused by the project revision. D. If the sum of the proposed revision and any previously approved revisions do not meet the criteria in ECDC 24.80.130.C, an application for a new Shoreline Permit must be submitted. E. If the revision involves a Shoreline Conditional Use Permit or Shoreline Variance, which was conditioned by the Department of Ecology, the revision also must be reviewed and approved by the Department of Ecology. Under the requirements of WAC 173-27-110(6), the Department of Ecology shall render and transmit to the City of Edmonds and the applicant its final decision with fifteen (15) days of the date of the department's receipt of the submittal from the City of Edmonds. The City of Edmonds shall notify parties of record of the department's final decision. F. Revision approvals, including the revised site plans, a detailed description of the authorized changes, and the final ruling on consistency with this section shall be filed with the Department of Ecology. In addition, the City of Edmonds shall notify parties of record of the revision. Planning Board Recommended DRAFT City of Edmonds SMP Page 142 of 159 Packet Page 361 of 411 G. Revisions to shoreline permits may be authorized after the original authorization has expired. Revisions made after the expiration of the original permit shall be limited to changes that are consistent with this Master Program and that would not require a permit under this Master Program. If the proposed change is a substantial development as defined by this Master Program, then a new permit is required. The provisions of this paragraph shall not be used to extend the time requirements or to authorize substantial development beyond the time limits or scope of the original permit. H. Appeals on revisions shall be in accordance with RCW 90.58.180 and shall be filed within twenty-one days from the date of receipt of the City of Edmonds' action by the Department of Ecology or, when appropriate under subsection E of this section, the date the Department of Ecology's final decision is transmitted to local government and the applicant. Appeals shall be based only upon contentions of noncompliance with the provisions of subsection C of this section. Construction undertaken pursuant to that portion of a revised permit not authorized under the original permit is at the applicant's own risk until the expiration of the appeals deadline. If an appeal is successful in proving that a revision is not within the scope and intent of the original permit, the decision shall have no bearing on the original permit. 24.80.140 Time requirements of Shoreline Permits A. The following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a shoreline conditional use permit or shoreline variance: 1. Construction activities shall be commenced or, where no construction activities are involved, the use or activity shall be commenced within two (2) years of the effective date of a substantial development permit. However, the City of Edmonds may authorize a single extension for a period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record on the substantial development permit and to the Department of Ecology 2. Authorization to conduct development activities shall terminate five (5) years after the effective date of a substantial development permit. However, the City of Edmonds may authorize a single extension for a period not to exceed one (1) year based on reasonable factors, if a request for extension has been filed before the expiration date and notice of the proposed extension is given to parties of record and to the Department of Ecology. 3_The effective date of a substantial development permit shall be the date of filing as provided in ECDC 24.80.120.B. The permit time periods in subsections 1 and 2 of this section do not include the time during which a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the need to obtain any other government permits and approvals for the development that authorize the development to proceed, including all reasonably related administrative or legal actions on any such permits or approvals. Planning Board Recommended DRAFT City of Edmonds SMP Page 143 of 159 Packet Page 362 of 411 3-.4.Authorization to conduct development activities pursuant to a shoreline permit issued by the City of Edmonds shall expire five (5) years after the date of issuance provided the activity was not pursued due to the pendency of administrative appeals or legal action. However, the City of Edmonds may authorize a single extension for a period not to exceed one (1) year based on reasonable factors. B. Notwithstanding the time limits established in ECDC 24.80.140.A.1 and .2, upon finding of good cause based on the requirements and circumstances of the proposed project and consistent with the policies and provisions of this Master Program and the Shoreline Management Act, the Administrator or Hearing Examiner as appropriate may set different time limits for a particular substantial development permit as part of the action to approve the permit. The Hearing Examiner may also set different time limits on specific conditional use permits or variances with the approval of the Department of Ecology. The different time limits may be longer or shorter than those established in ECDC 24.80.140.A.1 and .2 but shall be appropriate to the shoreline development or used under review. "Good cause based on the requirements and circumstances of the proposed project" shall mean that the time limits established for the project are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted, and/or are necessary for the protection of shoreline resources. C. The Administrator or Hearing Examiner as appropriate shall notify the Department of Ecology in writing of any change to the effective date of a permit with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized ECDC 24.80.150.A and .B shall require a new permit application. 24.80.150 Administrative Authority and Responsibility A. Shoreline Administrator The Shoreline Administrator shall be the planning manager or his/her designee and is vested with the following authority and responsibility to: 1. Have overall administrative responsibility for this Master Program; 2. Determine if a public hearing should be held on a shoreline permit application by the Hearing Examiner pursuant to ECDC 24.80.100; 3. Grant or deny written Permit Exemptions from shoreline Substantial Development Permit requirements of this Master Program; 4. Authorize, approve or deny shoreline Substantial Development Permits, except for those for which a public hearing is required pursuant to ECDC 24.80.100; 5. Make written recommendation to the Hearing Examiner or City Council as appropriate and insofar as possible, in order to assure that all relevant information, testimony, and Planning Board Recommended DRAFT City of Edmonds SMP Page 144 of 159 Packet Page 363 of 411 questions regarding a specific matter are made available during their respective reviews of such matter. 6. Review and evaluate the records of project review actions (permits and exemptions) in shoreline areas and report on the cumulative effects of authorized development of shoreline conditions at a minimum every seven years when this Master Program is updated. The administrator shall coordinate such review with the Washington State Department of Ecology, Washington State Department of Fish and Wildlife, and other interested parties. 7. Advise interested citizens and project proponents of the goals, policies, regulations and procedures of this Master Program; and 8. Make administrative decisions and interpretations of the policies and regulations of this Master Programs and the Shoreline Management Act. B. Hearing Examiner The Hearing Examiner is vested with the following authority: 1. To grant or deny shoreline Substantial Development Permits requiring public hearings pursuant to ECDC 24.80.100; 2. To grant or deny shoreline Conditional Use Permits under this Master Program; 3. To grant or deny variances form this Master Program; and 4. To decide on appeals of administrative decisions issued by the Administrator of this Master Program in accord with procedures set forth in Title 20 of this code. C. City Council 1. The Edmonds City Council is vested with the authority to hear closed record appeals of determinations of the Hearing Examiner and approve any revisions or amendments to this Master Program in accordance with the applicable requirements of the Shoreline Management Act and the Washington Administrative Code. 2. To become effective any amendment to this Master Program must be reviewed and adopted by the Department of Ecology pursuant to RCW 90.58.190 and Chapter 173-26 WAC. 24.80.160 Compliance Failure to comply with the conditions of approval associated with a shoreline permit shall cause the permit to immediately become void and any continuation of the use activity shall be Planning Board Recommended DRAFT City of Edmonds SMP Page 145 of 159 Packet Page 364 of 411 considered a violation of this Master Program and a public nuisance subject to enforcement proceedings. 24.80.170 Enforcement Procedures for investigation and notice of violation, compliance, and the imposition of penalties for the violation of any requirements of this Master Program shall be consistent with provisions in ECDC 20.110.040, Part II 173-27 WAC, RCW 90.58.210, and RCW 90.58.220. Part IX Definitions 24.90.000 General Information A. For the purpose of this Master Program, certain terms and their derivations shall be construed as specified in this section. Some terms used in this Master Program may have a different definition and application under other City of Edmonds regulations. Words in the singular include the plural, the plural the singular. The words "shall"17a*&"will" and "must" are mandatory; the word "may" is permissive. "Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Shoreline Management Act and this Master Program, against taking the action. Additional definitions applicable to this master Program and adopted by reference herein, are found in RCW 90.58 and Chapters 173-26 and 173-27 WAC. The following definitions apply throughout this Program, unless otherwise indicated. B. If a definition is not included here, the city shall rely on definitions found in applicable citations in the Revised Code of Washington (RCW), Washington Administrative Code (WAC), the Edmonds Community Development Code (ECDC), and finally a standard dictionary, in that order. In case of conflict with the ECDC, the definition within the RCW, WAC, and/or this Master Program shall prevail. 24.90.010 Definitions: A to B A. "Abandoned" means knowing relinquishment of right or claim to the subject property or structure on that property. B. "Accessory" means a use, activity, structure or part of a structure which is demonstrably subordinate and incidental to the main activity or structure on the subject property. C. "Accessory building" means one which is subordinate to the main building, and is incidental to the use of the main building on the same lot. Planning Board Recommended DRAFT City of Edmonds SMP Page 146 of 159 Packet Page 365 of 411 D. "Alteration(s)" means a change or rearrangement of the structural parts of existing facilities or an enlargement by extending the sides or increasing the height or depth or the moving from one location to another. E. "Applicant" means a person who applies for any permit or approval to do anything governed by this code and who is either the owner of the subject property, the authorized agent of the owner, or the city. F. "Appurtenance" means a structure or development which is necessarily connected to the use and enjoyment of a single-family residence and is located landward of the ordinary high water mark and also of the perimeter of any marsh, bog, or swamp. See also "Normal appurtenances." G. "Aquaculture" means the farming or culture of food fish, shellfish, or other aquatic plants or animals any may require development such as fish hatcheries, rearing pens and structures, and shellfish rafts, as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of free-swimming fish or the harvest of shellfish not artificially planted or maintained. H. "Aquaculture practices" means any activity directly pertaining to growing, handling, or harvesting or aquaculture produce, including, but not limited to, propagation, stocking, feeding, disease treatment, waste disposal, water use, development of habitat and structures. Excluded from this definition are related commercial or industrial uses such as wholesale and retail sales, or final processing and freezing. I. "Average grade level" means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure: In the case of structures to be built over water, average grade level shall be the elevation of the ordinary high water mark. Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure. J. "Average parcel depth" means the average of the distances from the ordinary high water mark to the street providing direct access to the subject property as measured along the side property lines or the extension of those lines where the water frontage of the subject property ends, the center of the ordinary high water mark of the subject property and the quarter points of the ordinary high water mark of the subject property. K. "Average parcel width" means the average of the distances between side property lines as measured along the ordinary high water mark and the front property line. L. "Backfill" means material placed into an excavated area, pit, trench or behind a constructed retaining wall, rockery or foundation. M. "Boat launch or ramp" means graded slopes, slabs, pads, planks, or rails used for launching boats by means of a trailer, hand, or mechanical device. Planning Board Recommended DRAFT City of Edmonds SMP Page 147 of 159 Packet Page 366 of 411 N. "Buoy" means a floating object anchored to the bottom of a water body. O. "Breakwater" means an offshore structure generally aligned parallel to shore, sometimes shore -connected, that provides protection from waves. P. "Buffer" mems the designated afea immediately next to and a paft of a steep slope -of !a-ndslide hazard afea and whieh pr-eteets slope stability, attefmmien of suffaee watef flews designated afea immediately next to and paft of a stfeam of wetland that is an integfal paA of means the area adjacent to a critical area and/or shoreline that is required for the continued maintenance, function, and/or structural stabili . of the critical area and/or shoreline. Buffer widths vary depending on the relative quality and sensitivity of the area being_ protected. Unlike soning or shore setbacks, buffer areas are intended to be left undisturbed, or may need to be enhanced to support natural processes, functions and values. Q. "Building" means any structure having a roof, excluding all forms of vehicles even though immobilized. R. `Bulkhead" means a retaining wall whose primary purpose is to hold or prevent the backfill from sliding while providing protection against light -to -moderate wave action. 24.90.020 Definitions: C to F A. "City" means the City of Edmonds, a municipal corporation. B. "Commercial use" means an activity with goods, merchandise, or services offered for sale or rent. C. "Comprehensive plan" means the comprehensive Plan of the City of Edmonds and all elements thereof as amended or, if repealed, its successor document, listing the goals and policies regarding land use within the city. D. "Contour line" means a line on a map or on the earth representing a specific elevation above sea level or an elevation relative to a specific datum point. E. "Coverage" means the total ground coverage of all buildings or structures on a site measured from the outside of external walls or supporting members or from a point two and one-half feet in from the outside edge of a cantilevered roof, whichever covers the greatest area. F. "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 designated through the Edmonds Critical Area Ordinance. Planning Board Recommended DRAFT City of Edmonds SMP Page 148 of 159 Packet Page 367 of 411 G. "Cross-section (drawing)" means a visual representation of a vertical cut through a structure or any other three-dimensional form. H. "Dedication" means the deliberate granting of an interest in land by an owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public use or purpose to which the property has been devoted. I. "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; grading; filling; removal of any sand, gravel, or minerals; bulk heading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to the act at any stage of water level. I "Development permit" means any permit or approval under this code or the ECDC that must be issued before initiating a use or development activity. K. "Dock" means a structure designed to protrude overwater or float upon the water, and which is attached to the shoreline and is used for moorage or other water -related activity such as swimming or diving. L. "Dredging" means removal of earth and other materials from the bottom of a body of water or from a wetland. M. "Dredging spoils" means the earth and other materials removed from the floor of a body of water or wetland by the dredging process. N. "Drift cell," "drift sector," or "littoral cell" means a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift and also accretion shore forms created by such drift. O. "Dry land" means the area of the subject property landward of the ordinary high water mark. P. "Dwelling unit" means a building providing complete housekeeping facilities for one family. Dwelling unit does not include recreational vehicles or mobile homes. Q. "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or uses above or below it, excluding lawfully permitted accessory dwelling units. R. "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. S. "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with or adjacent to one or more other dwelling units or other uses and may have one Planning Board Recommended DRAFT City of Edmonds SMP Page 149 of 159 Packet Page 368 of 411 or more vertical walls in common with or adjacent to one or more other dwelling units or other uses, excluding lawfully permitted accessory dwelling units. T. "ECDC" means the "Edmonds Community Development Code." U. "Easement" means land which has specific air, surface or subsurface rights conveyed for use by an entity other than the owner of the subject property or to benefit some property other than the subject property. V. "Ecological functions" or "shoreline functions" means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-200 (2)(c). W. "Edmonds Community Development Code (ECDC)" means Ordinance 2182 as amended or, if repealed, its successor document. X. "Enhancement" means alteration of an existing resource to improve or increase its characteristics and processes without degrading other existing functions. Enhancements are to be distinguished from resource creation or restoration projects. Y. "Environmentally sensitive areas" means an area designated and mapped by a city under WAC 197-11-908, as now or hereafter amended. Certain categorical exemptions do not apply within environmentally sensitive areas (WAC 197-11-305 and 197-11-908, as now or hereafter amended). Z. "Erosion and deposition" means the removal of soils and the placement of these removed soils elsewhere by natural forces such as wind or water. AA. "Excavate(tion)" means the mechanical removal of soils and/or underlying strata. BB. "Feasible" means, for the purpose of this chapter, that an action, such as a development project, mitigation, or preservation requirement, meets all of the following conditions: 1. The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or test have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; 2. The action provides a reasonable likelihood of achieving its intended purpose; and 3. The action does not physically preclude achieve the project's primary intended legal use. In cases where this Master Program requires certain actions unless they are infeasible, the burden of proving infeasibility is on the applicant. Planning Board Recommended DRAFT City of Edmonds SMP Page 150 of 159 Packet Page 369 of 411 In determining an action's infeasibility, the City of Edmonds may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames. CC. "Ferry terminal" means a combination of waterward and upland improvements providing the interface between public/private waterborne transportation and public/private ground transportation. DD. "Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining structure, or other material (excluding solid waste) to an area waterward of the OHWM, in wetlands, or on shoreland in a manner that raises the elevation or creates dry land. EE."Fill material" means dirt, structural rock or gravel, broken concrete and similar structural substances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground. FF. "Float, recreational" means an offshore platform/buoy used for water -dependent activities such as, but not limited to, swimming and diving. 24.90.030 Definitions: G to O A. "Gabions" means structures composed of masses of rocks, rubble or masonry held tightly together, usually by wire mesh, so as to form blocks or walls; sometimes used on heavy erosion areas to retard wave action or as foundations for breakwaters or jetties. B. "Geotechnical report" or "geotechnical analysis" means a scientific study or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geology, the affected land form and its susceptibility to mass wasting, erosion, an other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site -specific and cumulative geological and hydrological impacts of the proposed development; including the potential adverse impacts to adjacent and down -current properties. Geotechnical reports shall conform to accepted technical standards an must be prepared by qualified professional engineers or geologists who have professional expertise in both regional and local shoreline geology and processes. C. "Government facility" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. D. "Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. E. "Haines Wharf' means Lots 7 through 11 in the plat of Meadowdale Tidelands. Planning Board Recommended DRAFT City of Edmonds SMP Page 151 of 159 Packet Page 370 of 411 F. "Hotel" means any building containing five or more separately occupied rooms that are rented out for sleeping purposes. A central kitchen and dining room and interior accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. G. "Improvement" means any structure or manmade feature. H. "Inner harbor line" means the line designated as such by the State Harbor Line Commission pursuant to Article XV, Washington State Constitution. "Land surface modification" means the clearing or removal of trees, shrubs, ground cover and other vegetation, and all grading, excavation and filling of materials. The removal of overhanging vegetation and fire hazards as specified in ECDC 18.45.030(E) shall not be deemed to be land surface modifications. J. "Landscaping" means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. K. "Landward" means upland from the ordinary high water mark. L. "Lot" means a single tract of land legally created as a separate building site with frontage on a street or access easement. For purposes of this code the area of the lot used to calculate lot area shall be the area of the lot which is upland of the OHWM and adjoining lots under common ownership which were created without subdivision or short subdivision approval from applicable city or county governments. This lot area shall be considered as one lot and subject to the regulations contained herein. The terms of this section shall apply regardless of whether the individual adjoining lots meet current zoning requirements. M. "Low Impact Development (LIDY' means a stormwater and land use management strategy that strives to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site natural features, site planning, and distributed stormwater managementpractices that are integrated into a project design. N. "LID Principles" means land use management strategies that emphasize conservation, use of on -site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. O. "Low impact development best management practices" means distributed stormwater management practices, integrated into a project design, that emphasize pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water re -use. Planning Board Recommended DRAFT City of Edmonds SMP Page 152 of 159 Packet Page 371 of 411 #EP. "Marine launcher" means a mechanical device that can hoist vessels off trailers and transport them into the water and often is associated with dry land moorage facilities. N-.Q"Master plan" means a complete development plan for the subject property showing placement, dimensions and uses of all structures as well as streets and other areas used for vehicular circulation. Q-.R. "Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. gS. "Minor appurtenant building" means minor buildings associated with overwater structures including but not limited to the following: storage buildings less than 150 square feet in area, ferry terminal passenger shelter, covered moorage, etc. 4Q-.I. "Mixed -use developments" are shoreline developments which combine more than one separate but related activity into a coordinated package. Activities usually include one or more water -dependent uses with non -water -dependent uses. Drive-in businesses are not permitted. R-.U. "Modification" means an action undertaken in support of or in preparation for a shoreline use that modifies the physical configuration or qualities of the shoreline area. SV. "Moorage" means a place to tie up or to anchor a waterborne craft. T-.W. "Mooring buoy" means a floating object anchored to the bottom of a water body that provides tie up capabilities for waterborne craft. UX. "Moorage facility" means a pier, dock, dolphin, buoy or other structure providing docking or moorage space for waterborne craft. VL.Y. "Motel" means a building containing units which are used as individual sleeping units having their own private toilet facilities and sometimes their own kitchen facilities, designed primarily for the accommodation of transient automobile travelers. Accommodations for trailers are not included. This term includes tourist court, motor lodge, auto court, cabin court, motor hotel, motor inn and similar names. WL.Z. "Multimodal terminal (facility)" means a terminal (facility) designed for the co -location of transportation loading and unloading by multiple forms of transportation including land, water or rail. AAA. "Nonconformance" means any use, structure, lot, condition, activity, or any other feature or element of private property or the use or utilization of private property that does not conform to any of the provisions of this code or that was not approved by the city through the appropriate decision -making process required under this code and/or was established prior to the original Edmonds shoreline master program. Planning Board Recommended DRAFT City of Edmonds SMP Page 153 of 159 Packet Page 372 of 411 BBB. "Normal appurtenances" normal appurtenances include a garage; deck; driveway; utilities; fences; installation of a septic tank and drainfield and grading which does not exceed two hundred fifty cubic yards and which does not involve placement of fill in any wetland or waterward of the ordinary high water mark. Local circumstances may dictate additional interpretations of normal appurtenances which shall be set forth and regulated within the applicable master program. ACC. "Office (use)" means a place of employment in a building or separately defined space within a building providing services other than production, distribution or sale or repair of goods or commodities. The following is a nonexclusive list of office uses: accounting, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, brokerage or other similar services. The following uses are specifically excluded from the definition of office: medical, dental, or other health care; veterinary; banks, loan companies and similar financial institutions. ADD. "Off-street parking" means motor vehicle parking facilities within the lot area of a private lot or public lot established for that purpose. SEE. "Official newspaper of the city" means the publication designated by ordinance or resolution to contain official newspaper publications for the city government. CUFF. "Official notification boards of the city" means the bulletin boards in the public areas of the city of Edmonds Community Services Building, the Edmonds Main Post Office Branch, and the Edmonds Public Library. EGG. "OHWM" means ordinary high water mark (see ECDC 24.90.030.FF). €E-.HH. "Open space" means land not covered by buildings, roadways, parking areas or other surfaces through which water cannot percolate into the underlying soils. €III. "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition existing on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by the City of Edmonds or the Department of Ecology; PROVIDED, that in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water. GG JJ. "Oriented" means facing or directed toward. Planning Board Recommended DRAFT City of Edmonds SMP Page 154 of 159 Packet Page 373 of 411 KKK. "Outer harbor line" means the line designated as such by the State Harbor Line Commission pursuant to Article XV, Washington State 24.90.040 Definitions: P to R A. "Parking area" means any area designed and/or used for parking of vehicles. B. "Parking space" means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. C. "Pedestrian orientation" pertains to facilities which encourage pedestrian movement and are designed and oriented toward use by pedestrians. D. "Pier" means a fixed structure which abuts the shoreline and is used for moorage or other water -related activities such as fishing, swimming and diving. E. "Planning division" means the planning division of the community services department of the City of Edmonds. F. "Planning manager" means the manager of the planning division of the City of Edmonds or the acting manager of that division. G. "Planning official" means the manager of the planning division or his/her designee. H. "Port" means a special purpose unit of local government created for the purpose of managing port -related lands, facilities and activities. For the purposes of this document, "port" refers to the port of Edmonds and its facilities and operation. "Property line" means those lines enclosing a lot, its developable area and those lines defining a recorded vehicular access easement. The following are categories of property lines: 1. "Front property line" is any property line that is adjacent to a street or easement more than 20 feet in width, except that the Burlington Northern right-of-way shall not be considered a front property line. 2. "Rear property line" is any property line that is farthest from and essentially parallel to a front property line except on a lot which contains two or more front property lines. 3. "Side property line" is any property line other than a front property line or a rear property line. I "Public access" is the physical ability of the general public to reach and touch the water's edge and/or the ability to have a view of the water and the shoreline from upland locations. There are a variety of types of public access including picnic areas, pathways and trails Planning Board Recommended DRAFT City of Edmonds SMP Page 155 of 159 Packet Page 374 of 411 (including disabled), floats and docks, promenades, viewing towers, bridges, boat launches, street ends, ingress and egress, parking and other similar facilities or locations. K. "Public access pier or boardwalk" means an elevated structure or floating structure which is constructed waterward of the ordinary high water mark and intended for public use. L. "Public park" means an area provided by a unit of government to meet the active or passive recreational needs of people in the water and on the upland shoreline. M. "Public right-of-way" means land dedicated to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels and or public waterborne transportation. Secondarily, the land provides space for utility lines and appurtenances and other publicly owned devices. N. "Public use area" means a portion of private property that is dedicated to public use and which contains one or more of the following elements: benches, tables, lawns, gardens, piers, exercise or play equipment or similar improvements or features. These elements are to provide the public with recreational opportunities in addition to the right to traverse or stand in this area. O. "Public utility" means a private business organization such as a public service corporation, including physical plant facilities, performing some public service and subject to special governmental regulations, or a governmental agency performing similar public services, the services by either of which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, waste water treatment, stormwater treatment, electric power, telephone, cablevision, gas, and transportation for persons and freight. P. "Railroad right-of-way" means the land occupied by a railroad for its tracks, yard, buildings, and related structures. Q. "Restaurant" means a building where food is sold to the public for on -premises consumption or to go. It may include alcoholic beverage service only pursuant to a Class "C," "D," or "H" state liquor license. R. "Restore," restoration" or "ecological restoration" means the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal o intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre -European settlement conditions. S. "Retail establishment" means a commercial enterprise which provides goods or services directly to the consumer and whose goods are available for immediate purchase and removal from the premises by the purchaser or whose services are traditionally not permitted within an office use. Planning Board Recommended DRAFT City of Edmonds SMP Page 156 of 159 Packet Page 375 of 411 24.90.050 Definitions: S to T A. "Shore setback" means the minimum distance between a structure or use and the shoreline ordinary high water mark. A-. B. "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. &C. "Shoreline conditional use" means a use or development which is specifically listed by this master program as a conditional use within a particular shoreline environment or a use which is not addressed by this master program within any shoreline environment. ED. "Shoreline Management Act (SMA)" means Chapter 90.58 RCW as now or hereafter amended. D-.E. "Shoreline master program (SMP)" means the ordinance of the City of Edmonds adopted under authority of Chapter 90.58 RCW. E-. F. "Shoreline modifications" means those actions that modify the physical configuration or qualities of the shoreline area, usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline structure. They can include other actions, such as clearing, grading, or application of chemicals. F-. G. "Shoreline variance" means a procedure to grant relief from the specific bulk, dimensional or performance standards set forth in this master program, and not a means to allow a use not otherwise permitted within a shoreline environment. FAH. "Silt or sediment" means the soil particles mobilized and deposited by the processes of erosion and deposition. ICI. "Street" means the public or private right-of-way or access easement which provides vehicular access to more than three lots. LJ_"Structure" means anything which is built or constructed; an edifice or building of any kind, or any piece of work artificially built-up or composed of parts joined together in some definite manner. Not included are fences less than six feet in height, retaining wall, rockeries, and similar improvements of a minor character less than three feet in height. kK. "Structural alterations" means any change in a supporting member of a building or structure. ILL. "Subject property" means the entire lot, series of lots or parcels on which a development or use is or will locate and that is otherwise subject to the provisions of this code. For the purposes of this chapter, land leased from the Department of Natural Resources, which is contiguous to the applicant's property, shall also be considered the "subject property." Planning Board Recommended DRAFT City of Edmonds SMP Page 157 of 159 Packet Page 376 of 411 24.90.060 Definitions: U to Z A. "Use, development and/or activity" means "development" as that term is defined in Chapter 90.58 RCW. "Use" also means the nature of the activities taking place on private property or within structures thereon. B. "Vehicle holding area" means any area designated by the city or state for holding vehicles prior to loading onto a ferry. C. "Water -dependent use" means a use or a portion of a use which is dependent on the water by reason of the intrinsic nature of its operations and can not exist in any other location. Examples of water -dependent uses may include ferry and passenger terminals, marinas and sewer outfalls. D. "Water -enjoyment use" means a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water -enjoyment use, the use must be open to the general public and the shoreline -oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water -enjoyment uses may include, but are not limited to, parks, piers, scuba diving facilities and other improvements facilitating public access to shorelines of the state; and general water -enjoyment uses may include but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts and mixed -use commercial; provided, that such uses conform to the above water -enjoyment specifications and the provisions of the master program. E. "Water -oriented use" refers to any combination of water -dependent, water -related, and/or water -enjoyment uses and serves as an all -encompassing definition for priority under the SMA. "Non -water -oriented" serves to describe those uses which have little or no relationship to the shoreline and are not considered priority uses under the SMA. Examples include professional offices, automobile sales or repair shops, mini -storage facilities, multifamily residential development, department stores and gas stations. F. "Water -related use" means a use or a portion of a use which is not intrinsically dependent on a waterfront location but whose economic viability is dependent upon a waterfront location because: Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or 2. The use provides a necessary service supportive of the water -dependent commercial activities and that the proximity of the use to its customers makes its services less expensive and/or more convenient. Planning Board Recommended DRAFT City of Edmonds SMP Page 158 of 159 Packet Page 377 of 411 G. "Waterward" means toward the body of water on the waterside of the ordinary high water mark. H. "Wetlands" means areas that are inundated or saturated by surface water or groundwater 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 generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. Part X Appendices 24.100.000 Maps of Shoreline Environments and Jurisdictions OTHER APPENDICES? Planning Board Recommended DRAFT City of Edmonds SMP Page 159 of 159 Packet Page 378 of 411 Lake Ballinger Inset Legend SMP Designations Aquatic 1 - Aquatic 11 - Conservancy - Natural Shoreline Residential I Shoreline Residential II - Shoreline Residential III Urban Mixed Use I - Urban Mixed Use II - Urban Mixed Use III - Urban Railroad t • Planning Segement Break OHW `..... Edmonds City Limits Railroad Stream City of Lynwood Sewage Treatment) City of Edmonds Shoreline Master Plan Update r •1 1111111 =1911119 Environmental Designations: Marine�iorre ine (North jl Figure 2 Frf r�k C J' '.I' �Y�,� Q> AV . I1 ri .i9F�-.-- ,i V fi. I Legend SMP Designations Aquatic I Shoreline Residential II • Planning Segement Break - Aquatic 11 - Shoreline Residential III �' OHW ' Edmonds City Limits City of Edmonds - Conservancy Urban Mixed Use I ..• Railroad - Natural Urban Mixed Use 11 �� Stream Shoreline Master Plan Update p Shoreline Residential 1 Urban Mixed Use III - Urban Railroad ti i x WIT 16 5i 'rytil1 ..`' t p.R F* Legend SMP Designations Aquatic I Shoreline Residential II • Planning Segement Break - Aquatic 11 - Shoreline Residential III-' OHW `'•' .� Edmonds City Limits - Conservancy Urban Mixed Use I Railroad - Natural - Urban Mixed Use 11 Stream Shoreline Residential 1 - Urban Mixed Use Ill - Urban Railroad �t. 1 City of Edmonds Shoreline Master Plan Update AM-5610 City Council Meeting Meeting Date: 03/26/2013 Time: 90 Minutes Submitted By: Kernen Lien Department: Planning Review Committee: Type: Information Information Committee Action: J Subject Title Continued discussion on incorporating the Harbor Square Master Plan into the City's Comprehensive Plan. Recommendation Continue discussing the issues identified in Exhibit 3, as begun during the Council's March 19, 2013 meeting and provide feedback to staff for further revisions to the plan. Previous Council Action The City Council heard an introduction to the Harbor Square Master Plan at the November 20, 2012 City Council meeting, with subsequent public hearings held on December 4 and December 18, 2012. The December 18th public hearing was continued to January 29, 2013, and deliberation was continued to February 5, 2013. At the February 5, 2013 meeting, the City Council requested staff to develop a modified draft of the Harbor Square Master Plan based on comments provided by City Council and testimony received during the Public Hearings. Review of a potential revised version of the Harbor Square plan began during the March 19, 2013 meeting, with the Council voting to use the staff revisions to the Plan (as contained in Exhibit 2) as a basis for discussion rather than the Port's original proposal (Exhibit 1). Narrative (Refer to the Council packet/minutes from the March 19, 2013 Council meeting for further information on this topic.) This is a continuation of the discussion from the Council's March 19th meeting. The exhibits with this agenda packet are the same ones provided the Council for the March 19th meeting. Exhibit 3 is the table that summarizes issues raised by the City Council and the public; the exhibit also identifies where these concerns are addressed in the revised Harbor Square Master Plan contained in Exhibit 2. Attachments Exhibit 1 - Port of Edmonds' Harbor Square Master Plan Exhibit 2 - Harbor Square Master Plan - City Council Discussion Draft Packet Page 383 of 411 Exhibit 3 - Harbor Square Master Plan Issue Table Exhibit 4 - Council Member Petso's revised Downtown Master Plan Exhbit 5 - Council Member Fraley-Monillas email Inbox Planning Department Community Services/Economic Dev. City Clerk Mayor Finalize for Agenda Form Started By: Kernen Lien Final Approval Date: 03/21/2013 Form Review Reviewed By Rob Chave Stephen Clifton Linda Hynd Dave Earling Linda Hynd Date 03/21/2013 11:41 AM 03/21/2013 01:18 PM 03/21/2013 01:23 PM 03/21/2013 01:42 PM 03/21/2013 03:12 PM Started On: 03/21/2013 07:49 AM Packet Page 384 of 411 New or Expanded Elements of the Port of Edmonds Master Plan Harbor Square Redevelopment Plan APRIL 18, 2012 Revised for Planning Board Review August 29. 2012 INTRODUCTION The Harbor Square Redevelopment Plan has been prepared as an amendment to the Port's Master Plan. Its purpose is to provide a framework and solid foundation for the eventual redevelopment of the 11-acre site into an economically feasible, environmentally responsible, and well -designed mixed -use transit -oriented development in the City's Downtown Waterfront District. Harbor Square is an important component of the Port's overall property holdings and when redeveloped will further the Port's statutory directive of "engaging in economic development programs" to benefit constituents of the Port District as well as the overall Edmonds community. The Harbor Square Redevelopment Plan provides important site planning and design principles to be used for future development plans. The preparation and adoption of the Plan is in the midst of a multi -phased planning process. Completed, ongoing, and future phases include: Phase 1 (complete) Prepared a generalized fiscal impact analysis of site redevelopment scenarios. Phase 2 (complete) An extensive outreach program to define the community's preferred use, connections, and design principles for the Harbor Square Redevelopment Plan. Phase 3 (ongoing) Port Commissioners will adopt the Redevelopment Plan into the Port Master Plan. Following Planning Board public hearings and action by the Edmonds City Council the Redevelopment Plan, if approved, will be incorporated into the City's Comprehensive Plan. Packet Page 385 of 411 Phase 4 (Future) Following approval of the Comprehensive Plan amendment by the Edmonds City Council, The Port will market the project to solicit responsible development interests. With the selection of a developer by the Port, negotiations between the Port and City will occur to address project issues including rezoning of the site, site layout, design issues, impact mitigation and other site development issues. Resolution of project issues will likely occur through the preparation and approval of a rezone and/or development agreement involving the City, the Port and the selected developer. Upon approval of the development agreement by the Edmonds City Council construction documents will be prepared and submitted to the City for review and approval. Implementation of the Harbor Square Redevelopment Plan is intended to occur over several years, depending on the economic climate, existing lease arrangements and site planning considerations. REDEVELOPMENT OBJECTIVES AND CONCEPT The Port has identified opportunities to redevelop the Harbor Square site with a mix of residential, office, and retail uses that promote economic development, environmental responsibility, and a high quality design character. The redevelopment concept includes increased public access opportunities and other amenities that capitalize on the site's waterfront setting and adjacency to Edmonds Marsh. Public benefits include an expanded tax base, increased downtown activity, enhanced connections between downtown and the waterfront, an improved pedestrian environment, promotion of transit oriented development, improved ecology, and increased waterfront view opportunities with public gathering places. Consistency with Edmonds Comprehensive Plan This Master Plan is consistent with the City of Edmonds Comprehensive Plan and pursues a number of the Plan's goals and policies. Most of the Comprehensive Plan goals and policies relevant to Harbor Square are located in the Waterfront Activity Center element. Below are some of the goals and policies from that element that guide this master plan. Additionally, the Physical Design Principles included in this Master Plan implement the design -specific Comprehensive Plan policies which are listed in that section. Comprehensive Plan goals and policies are identified in "italics." Comprehensive Plan Goals • Promote downtown Edmonds as a setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, and as a destination for visitors from throughout the region. • Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian -oriented design elements, while protecting downtown's identity. Identify supporting arts and mixed use residential and office areas which support and complement downtown retail use areas. Provide for a strong central retail core at residential uses in the area surrounding this retail core area. Emphasize and plan for links between the retail core and these supporting areas. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 386 of 411 2 • Develop gateway/entrance areas into downtown which serve complementary purposes (e.g. convenience shopping, community activities). • Explore alternative development opportunities in the waterfront area, such as specifically encouraging arts -related and arts -complementing uses. Comprehensive Plan Policies • E.1. Ensure that the downtown waterfront area continues - and builds on - its function as a key identity element for the Edmonds community. • E.5. Extend Downtown westward and connect it to the shoreline by encouraging mixed -use development and pedestrian -oriented amenities and streetscape improvements, particularly along Dayton and Main Streets. Development in this area should draw on historical design elements found in the historic center of Edmonds to ensure an architectural tie throughout the Downtown Area. • E.8. Improve and encourage economic development opportunities by providing space for local businesses and cottage industries and undertaking supporting public improvement projects. • E.9. Enhance shoreline features to include a full spectrum of recreational activities, park settings, natural features (such as the Edmonds Marsh), and marina facilities. Improve public access to the shoreline and link waterfront features by establishing a continuous esplanade along the shoreline. The esplanade will be constructed over time through public improvements and Shoreline Master Program requirements placed on private development. • E.11. Encourage a more active and vital setting for new retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community, downtown commercial activity and visitors from throughout the region. • E.12. Support a mix of uses downtown which includes a variety of housing, commercial, and cultural activities. The Comprehensive Plan identifies individual districts within Edmonds Waterfront. Harbor Square is located in the "Downtown Master Plan District" and the Comprehensive Plan describes the intent for this district as quoted below: Downtown Master Plan. The properties between SR-104 and the railroad, including Harbor Square, the Edmonds Shopping Center (former Safeway site), and extending past the Commuter Rail parking area up to Main Street. This area is appropriate for design -driven master planned development which provides for a mix of uses and takes advantage of its strategic location between the waterfront and downtown. The location of existing taller buildings on the waterfront, and the site's situation at the bottom of "the Bowl, " could enable a design that provides for higher buildings outside current view corridors. Any redevelopment in this area should be oriented to the street fronts, and provide pedestrian -friendly walking areas, especially along Dayton and Main Streets. Development design should also not ignore the railroad side of the properties, since this is an area that provides a "first impression" of the city from railroad passengers and visitors to the waterfront. Art work, landscaping, and modulated building design should be used throughout any redevelopment project. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 387 of 411 3 Planning Principles The concept diagram on the next page illustrates the planning principles developed during Phase 2 of the planning process. The principles serve as design objectives and form the basis for the Plan Elements. The design intent as it relates to the uses, building character, circulation and parking, public spaces, and sustainability is defined below. ♦_W� LEGEND 114 Vehicle access and parking Pedestrian oriented storefronts and Village plaza actimlies Residentia[ Village -- - -- - - Pdrnary pedestrian route ❑ Mixed -use Gateway architectural element ■ ■ ■ W ■ Atlraciive streetscape edge Principles 1. Create a pedestrian entry and visual gateway at the Highway 104 / Dayton Street intersection which is the key link to downtown Edmonds. 2. Create an attractive street front along Highway 104. 3. Feature pedestrian -friendly facades and uses along Dayton Street W. 4. Establish a pedestrian -friendly esplanade with adjacent activities between the plaza (1) and the marsh. 5. Connect pedestrian walkways to linkages around the marsh. 6. Provide vehicular access into the site from Dayton Street W. 7. Provide direct pedestrian access to the marsh from Hwy 104. 8. Create a pedestrian focus such as a village green or plaza in the center of the redevelopment. 9. Locate residential development in the southeast portion of the site. 10. Locate parking near the western perimeter, next to the railroad, within a parking structure designed to serve the entire redevelopment 11. Architectural character should emphasize a "Northwest Style" compatible with the rest of downtown and feature high quality traditional materials and a variety of colors, forms, and textures. 12. Provide improved vegetation buffers to protect and enhance the Edmonds marsh. 13. Provide for a well -landscaped, Northwest -oriented, small town design theme. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 388 of 411 n PLAN ELEMENTS The Port will incorporate the following elements into the redevelopment of Harbor Square through design guidelines or conditions of purchase/sale agreement(s). Uses and Site Planning • Create a "village" character with pedestrian gathering spaces. • Create an attractive street front along SR104 as an entry into downtown, with a pedestrian and visual "gateway" at the SR104/Dayton Street intersection. • Locate most of the residential development in the southeast corner and southern part of the site in a village setting or well landscaped complex. • Introduce a mix of uses that complement downtown and that provide optimal tax revenue and other benefits to the City and Port, including pedestrian oriented retail and a residential mix geared toward a range of incomes. Circulation, Traffic and Parking • Provide vehicular access from Dayton Street approximately midway between SR104 and the railroad. • Locate most of the parking near the western perimeter of the site, next to the railroad. Parking could be enclosed in an above ground structure designed to serve the entire site. • Keep interior streets narrow to slow traffic and put the emphasis on pedestrians. • Provide for bicycle circulation with shared use trails, bike lanes and/or safe shared lanes on internal streets. Public Amenities • Create a pedestrian entry plaza to Harbor Square that invites public use and provides a visual gateway to Edmonds Marsh from the intersection at SR104/Dayton Street. This public entry point will serve as a key link to downtown Edmonds and also create a pedestrian focus such as a village green or public plaza in the center of Harbor Square that provides space for public activities such as concerts, performances, fairs or an outdoor market. • Establish a pedestrian friendly esplanade with compatible adjacent activities and building facades that extends from the public plaza at the corner of SR104/Dayton Street across Harbor Square to Edmonds Marsh.. • Create active sidewalk/pedestrian areas with retail spaces that open onto the Dayton Street W sidewalk. Small scale pedestrian spaces should be integrated between the development and the streetscape. New or Expanded Elements of the Port of Edmonds Master Plan rj Packet Page 389 of 411 • Connect pedestrian walkways to linkages around Edmonds Marsh and to City-wide bike and pedestrian routes. Orient development in a manner that connects Harbor Square to downtown and the waterfront. • Provide direct pedestrian access to Edmonds Marsh from SR104. • Provide a civic/cultural/view point/interpretive element within the development as a public benefit. • Include bicycle connections and facilities (e.g.: storage racks) in circulation and open space planning. consistent with a village scale Flexible (retaillresidential) space on the ground floor Visual connection from �-���' = ` Dayton/SIR corner through the site to the marsh----,� Internal site connection to the marsh trail as well as the city wide trail system Pedestrian oriented central esplanade with Low Impact Development (LID) elements such as pervious pavement, rain gardens, etc. Public spaces for onsite residents and Edmonds as a whole Pedestrian friendly esplanade extending from public plaza at corner of SR104/Dayton Street across Harbor Square to Edmonds Marsh Sustainability Edmond's Comprehensive Plan includes a Community Sustainability Element with goals and poli- cies to increase the city's sustainability based on three principles: flexibilityto adapt to changing conditions, a holistic approach that integrates multiple actions to address the broad range of issues and a long term perspective that extends beyond the typical 20 year GMA time frame. Among the most relevant of this section's policies are: (See pages 19 through 26 in the 2010 Comprehensive Plan) New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 390 of 411 e A.3 Integrate land use plans and implementation tools with transportation, housing, cultural and recreational, and economic development planning so as to form a cohesive and mutually -supporting whole. B.1 Undertake a multi -modal approach to transportation planning that promotes an integrated system of auto, transit, biking, walking and other forms of transportation designed to effectively support mobility and access. 8.4 When undertaking transportation planning and service decisions, evaluate and encourage land use patterns and policies that support a sustainable transportation system. D.3 Explore and employ alternative systems and techniques, such as life -cycle cost analysis, designed to maximize investments and/or reduce ongoing maintenance and facilities costs. E.4 Land use and regulatory schemes should be designed to encourage and support the ability of local residents to work, shop, and obtain services locally F.2 Recreational opportunities and programming should be integrated holistically into the City's infrastructure and planning process G.1 Land use and housing programs should be designed to provide for existing housing needs while providing flexibility to adapt to evolving housing needs and choices. G.2 Housing should be viewed as a community resource, providing opportunities for residents to choose to stay in the community as their needs and resources evolve and change over time. The Harbor Square Master Plan responds to these policies in several ways. The multi -functional uses proposed for the site and the connections to downtown and the waterfront called for in Master Plan's Planning Principles reflect the objectives of policies A.3 and EA Proximity and connections to bus, rail and ferry service respond to the transportation policies, especially B.1 and B.4. The Master Plan provisions directly below include an emphasis on green building and green infrastructure solu- tions as called for in Policy D.3 and the integrated pedestrian and bicycle scheme and supporting principles as well as provision for the athletic club and the marsh boardwalk address Policy F.2's call for integrated recreational opportunities. Finally, the Master Plan encourages a residential type and setting unique in Edmonds. Below are additional provisions to Edmonds' sustainability objec- tives. • Incorporate into individual buildings and the overall site redevelopment both low energy and low water consumption techniques, as well as other strategies to minimize carbon footprint. Employ alternative systems and techniques, such as life -cycle cost analysis, designed to maximize investments and/or reduce ongoing maintenance and facilities costs Provide improved natural vegetated buffers and building setbacks to protect and enhance Edmonds Marsh. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 391 of 411 • Incorporate low impact development (LID) elements, such as pervious pavements and rain gardens to reduce undesirable run-off. • Contribute to day -lighting Willow Creek and improving the site's ecological value. Dayton Street sidewalk character Physical Design Criteria In order to direct the development of Harbor Square in an orderly manner to create a unified and attractive complex, the Port of Edmonds will establish design standards or guidelines that direct the design of individual buildings and spaces. The standards or guidelines will be used along with other zoning code and municipal code regulations to review projects within Harbor Square. The criteria are intended to be consistent with and implement the following goals and policies in Edmonds Comprehensive Plan Downtown Waterfront Activity Center element: New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 392 of 411 E.14. Encourage opportunities for new development and redevelopment which reinforce Edmonds' attractive, small town pedestrian oriented character. Provide incentives to encourage adaptive reuse as an alternative to redevelopment of historic structures in order to preserve these resources. These historic structures are a key component of the small town character of Edmonds and its economic viability. Height limits that reinforce and require pedestrian -scale development are an important part of this quality of life, and should be implemented through zoning regulations and design guidelines. • E.17. Provide pedestrian -oriented amenities for citizens and visitors throughout the downtown waterfront area, including such things as: o Weather protection, o Street trees and flower baskets, o Street furniture, o Public art and art integrated into private developments, o Pocket parks, o Signage and other way -finding devices, o Restrooms. E 18. Strive for the elimination of overhead wires and poles whenever possible. E.19. Coordinate new building design with old structure restoration and renovation. E20. Develop sign regulations that support the pedestrian character of downtown, encouraging signage to assist in locating businesses and public and cultural facilities while discouraging obtrusive and garish signage which detracts from downtown pedestrian and cultural amenities. E21. Provide lighting for streets and public areas that is designed to promote comfort, security, and aesthetic beauty. • E.22. Building design should discourage automobile access and curb cuts that interfere with pedestrian activity and break up the streetscape. Encourage the use of alley entrances and courtyards to beautify the back alleys in the commercial and mixed use areas in the downtown area. The criteria described below present the general objectives and parameters that the standards or guidelines will implement. The physical design criteria for Harbor Square are necessarily general in nature because a specific lay -out for the complex will depend on development considerations and opportunities at the time. As noted above, they are intended to provide general guidance rather than serve as immutable standards. See site development objectives the Uses and Site Planning, Circulation and Traffic, and Public amenities sections. Height and Bulk Buildings should be no higher than 55' above grade except for 1) roof -top equipment and other appurtenances that are not visible from ground level and do not block significant views, and 2) special architectural features such as a tower, sculpture, etc. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 393 of 411 9 All structures above 35' in height should not diminish the "human scale" experience of pedestrians on Dayton Street or decrease sunlight on the street. To that end, all buildings over 35' should be set back at least 1' horizontally away from Dayton Street for every 1' in height above 35' above grade. (This results in in significant additional sun shading or perception of a taller building by a pedestrian on Dayton.) The schematic section below illustrates these relationships. Buildings modulated and enhanced with landscaping to provide pleasant pedestrian promenade from 104th/Dayton to the Marsh trail Buildings along All portions of buildings Dayton Avenue no (above 35' tall) set back taller than 4 from Dayton St. stories - sidewalk at least one foot horizontally for every one foot in height above 35' r: Ir.;n Vegetated setback & marsh Pedestrian oriented enhancements and boardwalk commercial activities on per Edmonds SMP ground floor along Dayton St. SCHEMATIC SECTION THROUGH HARBOR SQUARE LOOKING WEST Illustrating basic building height and setback requirements Dayton St. Furthermore, the "average building height" of all buildings on the Harbor Square site, taken as a whole shall not exceed 45'. The means of calculating "average building height" shall be as stated in the notes at the end of this Master Plan. Setbacks and Ecological Enhancements along Edmonds Marsh All development within shoreline jurisdiction is subject to the provisions of Edmonds Shoreline Master Program (SMP). Therefore, new buildings and development, including clearing, grading parking areas, etc. will comply with the SMP. Additionally, the Port is committed to improving the ecological health of the marsh and will ensure that new development along the marsh will increase ecological functions. Envisioned improvements include: on -site storm water improvements per the City's Storm Water Management regulations (which will improve water quality), vegetation plantings (buffers), and a nature viewing boardwalk. Small Scale Buildings All buildings should employ horizontal and vertical articulation and other architectural methods to maintain the small scale of Downtown Edmonds. Articulation means placing emphasis on architectural elements such as windows, balconies, fagade modulation, rooflines, etc to visually break down the fagade of a building into smaller pieces. Modulation is the stepping back or projecting forward of portions of a building facade as a means of breaking up the building's apparent bulk. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 394 of 411 10 In general, the articulation should be designed to reduce the scale of buildings so that the horizontal module is no greater than 60' in width. These preliminary dimensional provisions are intended to respond to Downtown Edmonds' historic 60' lot pattern and traditional architecture. Buildings over 35' in height should be horizontally articulated with upper story setbacks, different materials or window patterns on different stories, balconies, canopies or other means. Street Orientation Dayton Street Frontage The ground floor of buildings fronting on Dayton Street should feature "pedestrian oriented facades" and "pedestrian oriented uses". A "pedestrian oriented fagade" is one with transparent windows or window displays along most of the fagade front, pedestrian weather protection, signs oriented to the pedestrian rather than to the automobile passenger, a prominent building entry and other amenities such as building details, lighting, street furniture, etc. A "pedestrian oriented use" is a use that emphasizes human activity on the street such as retail shops, eating and drinking establishments, personal services and service oriented offices, etc. Buildings fronting on Dayton Street should either front directly on the street or be separated by a pedestrian oriented space such as a plaza, garden, outdoor seating area, etc. The sidewalk should be at least 15' wide. SR 104 Frontage The site frontage along SR 104 should feature either pedestrian oriented facades or attractive landscaping sufficient to screen the majority of building facades and all parking areas. There should be a pedestrian path along the entire SR 104 frontage. If WSDOT is amenable, the Port should enter into an agreement with WSDOT to improve the SR 104 ROW on the west side of the roadway to provide a much better streetscape, development edge and entry into downtown. Improvements should include street trees, landscaping, and if appropriate, a shared use (bike/pedestrian) trail. Architectural Character Provide for a well landscaped, Northwest oriented, small-town development character. Site Design and Landscaping Use green space that relates to and complements the adjacent uses. Use landscaping to create buffers between sidewalks and adjacent roadways. Notes: Average Building Height" shall be calculated by.• 1. First, multiplying the foot print of each building on the Harbor Square site (as defined in the Harbor Square Master Plan) times the height (as defined in Edmonds Zoning Code) of the New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 395 of 411 11 respective building. (See conditions below for buildings with multiple heights) This calcu- lation will yield the volume for each building. 2. Then, adding together the products calculated in step 1 (building volumes) and dividing that sum by the sum of all building footprints on the Harbor Square site. Provided that: Existing and proposed buildings will be included in the calculations • Where the height of a building varies from portion to another (e.g.: one wing of a building is 3 stories in height and another wing is 5 stories high.) then the building volume (height x foot- print) of each building portion shall be calculated separately. The height of buildings with pitched roofs shall be calculated as the average of the height of the ridge and the lower ea ve. • For phased development where a portion of the site is developed, the maximum average building height for an early phase may exceed 45' if the average height of all buildings on site is less than 45' for all subsequent phases. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 396 of 411 12 Harbor Square Subarea Plan City Council Discussion Draft I March 19, 2013 Notes: This is a discussion draft attempting to illustrate how the Master Plan could be adjusted to respond to some of the public hearing concerns and Council discussion. In general, more details are left to a future zoning process, with any height considerations to be arrived at through an incentive system that would be included in a proposed zoning ordinance. Introduction The Harbor Square Subarea Plan has been prepared as an amendment to the City of Edmonds Comprehensive Plan. Its purpose is to provide a framework and solid foundation for the eventual redevelopment of the 11-acre site into a community asset that will contribute to the City's economic, environmental, and community sustainability. The intent is to take advantage of the subarea's unique location and attributes, including its: • location adjoining the Edmonds Marsh; • proximity to different modes of transit; • located at the bottom of "the bowl", at the southern end of public view corridors; • key location, near both downtown and the city's waterfront • potential ability to take advantage of unique infrastructure opportunities, such as public fiber networks or district heating from the treatment plant. Harbor Square is an important component of the Port's overall property holdings and when redeveloped will further the Port's statutory directive of "engaging in economic development programs" to benefit constituents of the Port District as well as the overall Edmonds community. The Harbor Square Subarea Plan provides important site planning and design principles to be used for future development plans. Because it is a conceptual plan, this subarea plan does not establish any specific amount of square footage (commercial or retail) or any specific number of dwelling units. Following approval of the subarea plan by the Edmonds City Council, the City and Port will engage in more detailed planning to address project issues including rezoning of the site, site layout, design issues, impact mitigation and other site development issues. Resolution of project issues may occur through the preparation and approval of a rezone and/or development agreement involving the City, the Port and, possibly, a selected developer. Implementation of the Harbor Square Subarea Plan is intended to be adopted as a subarea plan consistent with the City of Edmonds Comprehensive Plan goals and policies for the Downtown Waterfront Activity Center. The subarea lies within the "Downtown Master Plan" district identified in Packet Page 397 of 411 the Downtown Waterfront Activity Center, and provides additional guidance for the future development of the Port's Harbor Square property. The plan will be implemented over a number of years, with the timeline depending on such factors as the economic climate, existing lease arrangements, and site planning considerations. Redevelopment Objectives and Concepts A key objective of the plan is that redevelopment of Harbor Square should complement and enhance the other features of the downtown/waterfront area that make it uniquely "Edmonds." These include such things as an active waterfront, natural amenities (notably Edmonds Marsh and the nearby trails and walkways), a pedestrian -oriented downtown that serves as both a business and employment center, and important multi modal transit facilities that provide benefits to both local and regional residents. In recognizing these features and amenities, certain potential concepts emerge that could take advantage of the unique opportunities that the subarea presents: Include a multi -use public space that offers opportunities for community gatherings and events, and providing opportunities to enhance the arts. Protect and enhance the Edmonds Marsh while providing enhanced public use areas and bike and pedestrian pathways that contribute to the larger downtown/waterfront activity area, improving connections between the waterfront and other parts of downtown. Focus on planning for and attracting employers and businesses who could provide a stimulus to the local economy and that take advantage of the site location. The availability of public fiber networks and transit could offer an attractive environment for technology or biotech companies, or arts or business incubators that are more dependent on community amenities and innovation rather than the scale advantages found in larger employment centers. Emphasize a mix of uses that contribute to an active subarea, which should focus on its location and potential for connections between the marsh, the waterfront, and downtown. Residential uses may be allowed that enhance this role, but should not be the principal use of the site. Apply a high level of sustainability principles in the site planning, infrastructure, and building design that takes place within the subarea. The result should be an example for the community to showcase and apply elsewhere. There are numerous examples of similar concepts employed successfully elsewhere. For example, Portland's Pearl District includes the idea of renovation and redevelopment of an older commercial/industrial district into a mixed use zone which includes public open space (Jamison Square) and ecological New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 398 of 411 G restoration (Tanner Springs Park). Themed redevelopment could leverage current interest in small industries such as breweries/brew pubs or arts workshops and galleries, similar to what the City of Tacoma is promoting for parts of its Brewery District. Farmers or arts markets could also be a feature included in this type of plan. Similarly, redevelopment of Harbor Square could seek to encourage space for incubator or start-up businesses, such as the TechStars or SURF Incubators in Seattle or the Environmental Business Cluster in i San Jose. Live/work space for artists a`P patterned after the Artspace Everett hem Lofts could also fit with these '� r t� � 0- 68L suaYcr �+ ' xS VE concepts. � 1 �"l `!` 5��:, p Wulf I• � � The Port of Edmonds has identified opportunities to redevelop the Harbor Square site with a mix of uses that promote economic development, environmental responsibility, and a high quality design character. The redevelopment concept includes increased public access opportunities and other amenities that capitalize on the site's waterfront setting and adjacency to Edmonds Marsh. Public benefits include an expanded tax base, increased downtown activity, enhanced connections between downtown and the waterfront, an improved pedestrian environment, promotion of transit oriented development, improved ecology, and increased waterfront view opportunities with public gathering places. Plan Elements The Port will incorporate the following elements into the redevelopment of Harbor Square through design guidelines or conditions of purchase/sale agreement(s). Uses and Site Planning • Create a "village" character with pedestrian gathering spaces. • Create an attractive street front along SR104 as an entry into downtown, with a pedestrian and visual "gateway" at the SR104/Dayton Street intersection. • Introduce a mix of uses that complement downtown and that further the redevelopment objectives and concepts identified in this plan (see discussion, above). Ensure that the public view corridor down Dayton Street is preserved and enhanced. Circulation, Traffic and Parking Provide vehicular access from Dayton Street approximately midway between SR104 and the railroad. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 399 of 411 3 Locate most of the parking near the western perimeter of the site, next to the railroad. Parking could be enclosed in an above ground structure designed to serve the entire site. Keep interior streets narrow to slow traffic and put the emphasis on pedestrians. Provide for bicycle circulation with shared use trails, bike lanes and/or safe shared lanes on internal streets. Public Amenities Establish a pedestrian friendly esplanade with compatible adjacent activities and building facades that extends from the public plaza at the corner of SR104/Dayton Street across Harbor Square to Edmonds Marsh.. Create active sidewalk/pedestrian areas with retail or other pedestrian -oriented spaces that open onto the Dayton Street sidewalk. Small scale pedestrian spaces should be integrated between the development and the streetscape. Whenever possible, spaces should be designed to be flexible and multi -use. Connect pedestrian walkways to linkages around Edmonds Marsh and to City-wide bike and pedestrian routes. Orient development in a manner that connects Harbor Square to downtown and the waterfront, and that recognizes the vistas toward the Marsh and Puget Sound. Provide direct pedestrian access to Edmonds Marsh from SR104. Include bicycle connections and facilities (e.g. storage racks) in circulation and open space planning. Sustainability Edmonds' Comprehensive Plan includes a Community Sustainability Element with goals and policies to increase the city's sustainability based on three principles: flexibility to adapt to changing conditions, a holistic approach that integrates multiple actions to address the broad range of issues and a long term perspective that extends beyond the typical 20 year GMA time frame. The Harbor Square Subarea Plan is intended to provide a planning framework consistent with the city's sustainability principles. The multi -functional uses proposed for the site and the connections to downtown and the waterfront are intended to support the ability of Edmonds residents to work, shop and obtain service locally, while also serving to promote and support the local economy. Proximity and connections to bus, rail and ferry service respond to the need to integrate land use and transportation. The Subarea Plan provisions directly below include an emphasis on green building and green infra- structure solutions, and the integrated pedestrian and bicycle scheme and supporting principles as well as provision for the athletic club and the marsh boardwalk address the need for integrated rec- New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 400 of 411 M reational opportunities. Below are additional provisions to Edmonds' sustainability objectives. • Incorporate into individual buildings and the overall site redevelopment both low energy and low water consumption techniques, as well as other strategies to minimize carbon footprint. • Employ alternative systems and techniques, such as life -cycle cost analysis, designed to maximize investments and/or reduce ongoing maintenance and facilities costs • Incorporate low impact development (LID) elements, such as pervious pavements and rain gardens to reduce undesirable run-off. stories stepped back to mass High quality design features with long lasting materials Connection to the Landscape buffer between the sidewalk and traffic Spaces for pedestrian activity and gatherings and retail spaces opening onto the sidewalk Pedestrian oriented retail along Dayton Physical Design Criteria In order to direct the development of Harbor Square in an orderly manner and create a unified and attractive complex, the Port of Edmonds will develop design standards and/or guidelines that direct the design of individual buildings and spaces. The standards or guidelines will be used along with other zoning code and municipal code regulations to review projects within Harbor Square. The criteria are intended to be consistent with and implement the goals and policies in the Edmonds Comprehensive Plan Downtown Waterfront Activity Center element: The physical design criteria for Harbor Square are necessarily general in nature because a specific lay -out for the complex will depend on development considerations and opportunities at the time. As noted above, they are intended to provide general guidance rather than serve as immutable New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 401 of 411 5 standards. See site development objectives the Uses and Site Planning, Circulation and Traffic, and Public amenities sections. Height and Bulk To implement the plan, future zoning shall provide for a base zoning height no higher than 35' above grade. The zoning may authorize additional bonus height, provided that any bonus height options may only be achieved through the provision of public benefits and/or amenities to be detailed in a subsequent zoning ordinance. The following public benefits and/or amenities are examples of the range of items that might be required in a future zoning ordinance to achieve bonus height on portions of the Harbor Square site [option: up to a maximum of 451: Contribute to day -lighting Willow Creek and improving the site's ecological value. Provide improved natural vegetated buffers and building setbacks to protect and enhance Edmonds Marsh. Provide a civic/cultural/view point/interpretive element within the development as a public benefit. Create a pedestrian entry plaza to Harbor Square that invites public use and provides a visual gateway to Edmonds Marsh from the intersection at SR104/Dayton Street. This public entry point will serve as a key link to downtown Edmonds and also create a pedestrian focus such as a village green or public plaza in the center of Harbor Square that provides space for public activities such as concerts, performances, fairs or an outdoor market. Establish a transfer of development rights program that serves to protect or reduce heights in another sensitive location — identified by the City — in exchange for a height increase at Harbor Square. Setbacks and Ecological Enhancements along Edmonds Marsh All development within shoreline jurisdiction is subject to the provisions of the Edmonds Shoreline Master Program (SMP). Therefore, new buildings and development, including clearing, grading parking areas, etc. will comply with the SMP. Additionally, the Port is committed to improving the ecological health of the marsh and will ensure that new development along the marsh will increase ecological functions. Envisioned improvements could include such features as on -site storm water improvements to improve drainage and water quality, enhanced or restored vegetation plantings and buffers, and a nature viewing boardwalk. Pedestrian Scale Buildings All buildings should employ horizontal and vertical articulation and other architectural methods to maintain the pedestrian scale found in Downtown Edmonds. Articulation means placing emphasis on architectural elements such as windows, balconies, fagade modulation, rooflines, etc to visually break down the fagade of a building into smaller pieces. Modulation is the differential treatment of a building's fagade as a means of breaking up the building's apparent bulk. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 402 of 411 i In general, the articulation should be designed to reduce the scale of buildings so that the horizontal module is no greater than 60' in width. These preliminary dimensional provisions are intended to respond to Downtown Edmonds' historic 60' lot pattern and traditional architecture. Street Orientation Dayton Street Frontage The ground floor of buildings fronting on Dayton Street should feature "pedestrian oriented facades" and "pedestrian oriented uses". A "pedestrian oriented fagade" is one with transparent windows or window displays along most of the fagade front, pedestrian weather protection, signs oriented to the pedestrian rather than to the automobile passenger, a prominent building entry and other amenities such as building details, lighting, street furniture, artwork, etc. A "pedestrian oriented use" is a use that emphasizes human activity on the street such as retail shops, eating and drinking establishments, personal services and service oriented offices, etc. Where these types of uses are not envisioned, artwork, open space, or other amenities could be placed to invite public interaction and interest. Buildings fronting on Dayton Street should either front directly on the street or be separated by a pedestrian oriented space such as a plaza, garden, outdoor seating area, etc. The sidewalk should be at least 15' wide. Consideration should be given to enhance street -side parking to support separating human activity from the traffic along Dayton Street. SR 104 Frontage The site frontage along SR 104 should feature either pedestrian oriented facades or attractive landscaping sufficient to screen the majority of building facades and all parking areas. There should be a pedestrian/multi-use path along the entire SR 104 frontage with connections to other existing and potential walkways. The Port should enter into an agreement with WSDOT to improve the SR 104 ROW on the west side of the roadway to provide a much better streetscape, development edge and entry into downtown. Improvements should include street trees, landscaping, and if appropriate, a shared use (bike/pedestrian) trail. Site Design and Landscaping Use green space that relates to and complements the adjacent uses. Use landscaping to create buffers between sidewalks and adjacent roadways. New or Expanded Elements of the Port of Edmonds Master Plan Packet Page 403 of 411 Harbor S uare Master Plan Council Comments/Suggestions Communicated to Staff How addressed in revised HSMP Residential Uses Comments regarding residential uses from the Council and citizens 1. No residential uses during the Public Hearing process were varied. In the revised HSMP, 2. Limit the extent of residential uses residential uses may be allowed to complement or enhance the overall a. Limit number of units development concept of Harbor Square, but should not be the principal b. Limit location along marsh use of the site. (Page 2) c. Provide for affordable housing d. Encourage live/work units 3. Allow residential development Height and Bulk Height: Heights are addressed on Page 6 of the revised HSMP. Base 1. Keep maximum height at 35 feet zoning heights are limited to 35 feet (as is currently allowed on the site) 2. Base height at 35 feet with possible increase in heights with with potential bonus heights if public benefits and/or amenities are incentives provide or a development rights transfer program is established. An 3. No mention of heights in Comprehensive Plan option is provided to cap any potential increase in height at 45 feet. 4. Establish a transfer of development rights program 5. Development should be pedestrian scale Bulk/Pedestrian Scale: Bulk and pedestrian scale design is addressed in 6. Limit building bulk a number of places in the HSMP including the following sections; Use and Site Planning (Page 3), Public Amenities (Page 4), Height and Bulk (Page 6), Pedestrian Scale Buildings (Pages 6 — 7), Street Orientation (Page 7), and Site Design and Landscaping (Pagel). Page 1 of 5 Packet Page 404 of 411 Harbor S uare Master Plan Council Comments/Suggestions Communicated to Staff How addressed in revised HSMP Buffers, Setbacks, and other Environmental Issues Setbacks and buffers from the Edmonds Marsh will be proscribed 1. Redevelopment not allowed in current "developed footprint". within the updated Shoreline Master Program, which is currently under New development must meet SMP and CAO buffers. review by the City Council. Any future development or redevelopment 2. Provide adequate buffers and setbacks to protect marsh at Harbor Square must comply with the SMP as noted on Page 6 of the 3. Geological Hazard (liquefaction) HSMP. 4. Flooding The HSMP also emphasizes green building and green infrastructure (LID techniques) as noted in the Sustainability section on Pages 4 — 5. Contributing to the day -lighting of Willow Creek and improving the buffers surrounding the Edmonds Marsh are also highlighted as potential incentives under the Height and Bulk section on Page 6. Geological hazard and flooding issues are items that will be dealt with during project level SEPA review. Incorporation into City's Comprehensive Plan The Planning Board recommended that the HSMP be incorporated in 1. Subarea Plan the City's Comprehensive Plan rather just be incorporated by reference 2. Incorporate full text of HSMP (PB Recommendation #12). Whether the HSMP is incorporated 3. Incorporate by reference completely into the Comprehensive Plan or adopted by reference, the effect is the same in that the HSMP would then be part of the City's Comprehensive Plan. This can be implemented through the adopting ordinance. Treating the HSMP as a subarea plan specifically emphasizes that the master plan only applies to the Harbor Square property. Additionally, considering the HSMP as a subarea plan addresses a recommendation from the Planning Board (PB Recommendation #10) that language from the City Attorney's memorandum be incorporated into the adoption of the HSMP. Page 2 of 5 Packet Page 405 of 411 Harbor S uare Master Plan Council Comments/Suggestions Communicated to Staff How addressed in revised HSMP Special Districts or Incentive Zoning: All these ideas are supported in the Redevelopment Objectives and 1. Brewery/distillery/brew pub zone Concepts narrative on Pages 2 — 3 of the HSMP. 2. Create district energy area using waste heat from sewer treatment plant 3. Campus for tech firm or other business 4. Tourists destination (small hotels with first floor restaurants, nightclubs, cafes, art galleries, studios, small shops that sell a variety of item these shops that may sell locally made arts, crafts, and jewelry). 5. Year-round farmers market 6. Roger Brooks' Concepts Parking Parking provided at a redeveloped Harbor Square will have to be 1. Limit parking requirements for residences in order to encourage consistent with the City's off street parking regulations as contained in a single car ECDC 17.50, unless modified in a future zoning change approved by 2. Parking must be adequate for any development Council. Connectivity Improving the connections between the waterfront and downtown is 1. Provide connectivity between waterfront and downtown emphasized in the Redevelopment Objectives and Concepts on Pages 2 2. Provide connectivity to trains, ferries, and buses. — 3. The Public Amenities section on Page 4 also recognizes the need for connections between the waterfront and downtown. Also the Sustainability section on Page 4 notes that the proximity to bus, rail and ferry respond to the need to integrate land use and transportation. Page 3 of 5 Packet Page 406 of 411 Planning Board Recommendations: 1. Building heights shall be limited to 45 feet and consideration may be given for heights up to 55 feet if the development proposal includes significant public amenities and/or sustainable design certification such as LEED Platinum. 2. Development proposals should place the tallest buildings towards the south and west boundaries of the property. 3. Buildings along Dayton Street should be limited to 35 feet in height. 4. Development plans shall ensure that the Public View Corridor down Dayton Street is preserved and enhanced. 5. On page 5 of the Harbor Square Master Plan under "Circulation, Traffic and Parking", an additional sentence should be added to read: "The absence of available off -site parking requires that adequate parking allowance be made to accommodate all customer, employee and resident vehicles during peak use times." 6. At the bottom of page 9 of the Harbor Square Master Plan, the exception to the 55 foot height limit for special architectural features such as a tower, sculpture, etc. should be deleted. 7. In the graphic "Schematic Section through Harbor Square Looking West" on page 10, the annotation as to "setback" above 35 feet along Dayton Street should be revised to "building step back". 8. An additional sentence should be added to the "Dayton Street Frontage" section on page 11 of the Harbor Square Master Plan to read: "Consideration should be given to enhance street -side parking to support separating human activity from the traffic along Dayton Street." 9. On page 11 of the Harbor Square Master Plan under "SR 104 Frontage", "If WSDOT is amendable" should be stricken from the beginning of the third sentence. 10. The Edmonds City Attorney shall develop language consistent with the memorandum dated September 6, 2012 to be incorporated into the City's adoption of the Comprehensive Questions of have been raised about how the Planning Board's recommendations will be incorporated in the HSMP. Some of the recommendations from the Planning Board are no longer applicable with regard to the revised master plan while other recommendations have been incorporated. Below is a summary of how the Planning Board's recommendations have been addressed in the current draft of the HSMP. 1. The specific building heights in the recommendation are no longer applicable. The possibility of allowing some additional height through incentive zoning if certain public amenities are provided has been incorporated in the HSMP in the Height and Bulk section on Page 6. 2. With a base height of 35 feet spelled out in the current draft of the HSMP, this condition is less relevant. If during a subsequent rezone public amenities are provided and a height bonus granted, design and location of the taller building will be addressed at that time. 3. Base height has been limited to 35 feet for the entire site. 4. Language from this condition has been added under the Uses and Site Planning section on Page 3. 5. As noted above, parking provided at a redeveloped Harbor Square will have to be consistent with the City's off street parking regulations as contained in ECDC 17.50. The standards contained in ECDC 17.50 are intended to ensure that adequate off street parking is provided for all uses on a redeveloped Harbor Square. Only a zoning change approved by Council could alter parking requirements. 6. The base height of 35 feet may only be exceeded if public benefits and/or amenities are provided (Page 6). 7. The referenced graphic has been removed from the HSMP. 8. Language has been added under the Dayton Street Frontage Section on Page 7. 9. Wording has been removed under the SR 104 Frontage section on Page 7. Page 4 of 5 Packet Page 407 of 411 Plan addressing height limits, precedent, and views. 10. The City Attorney memorandum addressed three issues. 11. Clarifying language should be added to the Harbor Square a. The height issue is addressed by limiting base height to 35 Master Plan that residential uses must be multifamily and not feet. Any increase in height above 35 feet could only be single-family residential. accomplished through incentive zoning approved by 12. If and when the Harbor Square Master Plan is adopted by the Council. City Council, it should be physically incorporated into the b. Concern with regard to precedent is addressed by treating Comprehensive Plan rather than incorporated by reference. the HSMP as a subarea plan. 13. Any future development proposal shall clearly demark and c. The third question addressed by the City Attorney's provide protection for the Edmonds Marsh by establishing an memorandum had to do with the protection of private area of open space not less than 25 feet landward from the edge views. No specific language with regard to this item has of the Edmonds Marsh and ensure any development preserves been addressed. The memo noted the City has discretion or improves the Edmonds Marsh Park/Walkway. in how it addresses private views. Private view protection 14. The approved Master Plan shall be modified as necessary to is not mentioned in any of the City's Planning Documents maintain consistency with the Shoreline Master Program update or codes. However, as noted in the City Attorney's to be determined following submittal by the City and approved memorandum (Attachment 22 from the November 20, by the State in accordance with process deadlines existent 2012 agenda item on the HSMP), the City has designated between the State and the City. specific public view corridors (See page 58 of the Comprehensive Plan). Protection of the Dayton Street view corridor is called out under the Use and Site Planning section on Page 3. Additionally, language with regard to the Attorney memorandum could be incorporated in the adopting ordinance. 11. No specific language with regard to multifamily development has been added. As noted above, residential development in Harbor Square should not be the principle use, but provide to enhance and support the mixed use nature of Harbor Square. Any more specific provisions regarding residential uses would be the subject of a future rezone approved by Council. 12. See above with regard to incorporating the HSMP. 13. As noted above, setback from the marsh will be determined by the updated Shoreline Master Program currently under review by the City Council. 14. The Setbacks and Ecological Enhancements along Edmonds Marsh section on Page 6 recognizing the HSMP must comply with the HSMP. Page 5 of 5 Packet Page 408 of 411 This area is appropriate for development which takes advantage of its fiber access and strategic location between the waterfront and downtown, but which recognizes the environmental and geographic constraints of the area. . Ultimately, perhaps with the assistance of WRIA 8, Snohomish County Conservation Fu- tures, and other organizations, the southern portion of the near water- front area will be used for an expanded Marsh and/or Marsh buffer. To provide a necessary connection between downtown and the water- front. �t redevelopment in #iris the near waterfront area shall b� provide pedestrian friendly walking ar- eas and public gathering spaces or parks, especially along Dayton and Main Streets. Public view corridors along Dayton and Main Street shall be maintained, and enhanced where possible (former Skippers site). Development design should also not ignore the railroad side of the prop- erties, since this is an area that provides a "first impression" of the city from railroad passengers and visitors to the waterfront. Art work, land- scaping, and modulated building design should be used throughout any redevelopment project. Due to view corridors and the need to maintain a pedestrian scale and small town character, building heights may not be increased, and build- ing bulk shall be limited. Parking must be adequate for any development, due to the need to also provide parking for the waterfront, the train station, and the ferry dock. Development shall include a destination for Edmonds residents and visi- tors, including but not limited to recreational, cultural, dining, lodging, hobby, commercial, tourist or entertainment attractions. Development shall not duplicate existing small scale retail or mixed use development or existing housing stock. Traditional housing such as mixed use, multi- family, transit oriented and condominimum uses shall be avoided, though a modest number of non-traditional housing options such as artist live/work studios may be considered in areas with adequate public ser- vices that are not geologically or otherwise hazardous. Packet Page 409 of 411 From: Clifton, Stephen To: Lien. Kernen; Earling, Dave Subject: FW: Draft comprehensive plan amendment Date: Wednesday, February 27, 2013 11:51:52 AM -----Original Message ----- From: Monillas, Adrienne Sent: Wednesday, February 27, 2013 11:44 AM To: Clifton, Stephen Cc: Petso, Lora; Chave, Rob; Taraday, Jeff Subject: Re: Draft comprehensive plan amendment By the way how does the 14 recommendations of the planning board get incorporated into the plan??? Adrienne Fraley-Monillas Sent from my Pad On Feb 25, 2013, at 6:33 PM, "Monillas, Adrienne" <Adrienne.Monillas@edmondswa.gov> wrote: > Thanks Lora for your thoughts. > I would also like my "vision" added to the plan. > I would like to see this become a tourist destination. I vision multiple small hotels with first floor restaurants, nightclubs, cafes, art gallery's, studios, small shops that sell a variety of item these shops that may sell locally made arts, crafts, and jewelry. To include a year round farmers market in this space. This area should provide connectivity to trains, ferries and buses. This needs to be a walkable area only. > No more height than current zoning. > I would like to see a safe buffer for the marsh and care taken to maintain the fragile environmental aspects. > In my extensive travels the past couple of years internationally and nationally tourists are attracted to this type of development and they bring resources with them. > edmonds needs to become a destination! > Adrienne Fraley-Monillas > Sent from my Pad > On Feb 25, 2013, at 5:09 PM, "Petso, Lora" <Lora.Petso@edmondswa.gov> wrote: >> Stephen/Rob- >> I created the attached draft comprehensive plan amendment based on the public comment, and shared it with council via bcc. >> Since this version deals with entire near waterfront area, I will also work on a version that is specific to Harbor Square, and leaves the rest of the area as is. >> It is just a draft, but it includes most of the ideas raised in public comments. >> Lora Packet Page 410 of 411 >> 2-23-2013 4 42 05 PM >> <2-23-2013 4_42_05 PM.pdf> Packet Page 411 of 411