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2013-05-14 City Council - Public Agenda-1494'4- o 90� AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds MAY 14, 2013 6:00 P.M. - CALL TO ORDER / FLAG SALUTE 1. (5 Minutes) Roll Call 2. (5 Minutes) Approval of Agenda 3. Audience Comments (3 Minute Limit Per Person)* *Regarding matters BQt listed on the Agenda as Closed Record Review or as Public Hearings 4. (60 Minutes) Finance Director Interviews 5. (5 Minutes) Mayor's Comments 6. (15 Minutes) Council Comments ADJOURN TO CITY COUNCIL COMMITTEE MEETINGS The City Council Committee Meetings are work sessions for the City Council and staff. Members of the public are welcome to observe the meeting, but public participation is limited to making comments at the end of the meeting with a 3 minute limit per person. 7. Finance Committee Meeting Location: Jury Meeting Room A. (10 Minutes) 2013 May Budget Amendment B. (10 Minutes) March 2013 Quarterly Financial Report C. (5 Minutes) Discussion regarding issuance of 2013 water, sewer, and stormwater utility bonds. D. 0 0 Minutes) Alternative chart format for monthly report. E. (15 Minutes) Park Levy Exploratory Committee Recommendation Packet Page 1 of 313 F. (10 Minutes) Public Comments (3 Minute Limit Per Person) 8. Parks. Planning & Public Works Committee Meeting Location: Council Chambers A. (15 Minutes) Park Levy Exploration Committee Recommendation B. (5 Minutes) Authorize Mayor to sign contract with MIG for development of the PROS plan C. (5 Minutes) Authorize Mayor to sign Professional Services Agreement for A/E services for City Park D. (15 Minutes) Interim Ordinance to allow Public Markets in the Business Commercial (BC), Business Downtown (BD) and General Commercial (CG) Zones - Proposed changes to 16 and 21 of the Edmonds Community Development Code (ECDC). Ordinance to amend Chapter 4.90 of the Edmonds City Code (ECC) - Licensing. E. (10 Minutes) Edmonds City Code Chapter 2 Revisions F. (5 Minutes) Authorization for Mayor to sign a Grant Agreement with the Department of Ecology for $188,772 to conduct pre -design services for the Perrinville Creek Stormwater Flow Reduction Retrofit Study. G. (5 Minutes) Authorization to award construction services for the 224th Street SW Sewer Upgrade project to Laser Underground and Earthworks. H. (5 Minutes) Authorization to approve a storm utility easement for installation of infiltration and storm pipe that will be part of improvements to be done as part of the 238th Storm Drain Project. I. (5 Minutes) Proposed Ordinance authorizing the acquisition by negotiation or condemnation of real property interests needed for the 228th St. SW Corridor Improvements project. J. (5 Minutes) Final Contract Acceptance, WWTP A -Basin Upgrade Project K. (5 Minutes) Final Contract Acceptance, WWTP Building Roof Replacement L. (30 Minutes) Title 19 Building Code Updates M. (10 Minutes) Public Comments (3 Minutes Per Person) 9. Public Safety and Personnel Committee Meeting Location: Police Training Room A. (5 Minutes) Proposed changes to the Economic Development Commission Ordinance. B. (10 Minutes) 2012 Fire Code Update C. (5 Minutes) Annual Renewal of Snohomish Regional Drug & Gang Task Force Interlocal Agreement (2013-2014). D. (5 Minutes) Interlocal Agreement - North Sound Metro SWAT E. (15 Minutes) 2013 COPS Hiring Program Grant Solicitation F. (10 Minutes) Public Comments (3 Minutes Per Person) ADJOURN Packet Page 2 of 313 AM-5747 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 10 Minutes Submitted For: Ronald Cone Department: Finance Committee: Finance Subject Title 2013 May Budget Amendment Recommendation Forward to full Council for approval Previous Council Action None Submitted By: Debra Sharp Tyne: Action Information 7. A. Narrative There are four General Fund budget amendments. Only one of the four has a change in fund balance which is Parks and Recreation's request for reinstatement of their .5 FTE that was cut from Parks office staff during the 2013 budget process. The Council approved this request on March 19, 2013. A budget amendment is needed to increase the department's budget authority. The second request is from Development Services. The cost associated with the request is offset by grant revenue. The last two General Fund budget amendments are needed to cover the costs associated with the Finance Director's resignation in February of 2013. There is no change in fund balance with this request. The budget will be reallocated from the director's salary BARS number into both professional services and overtime. The four budget amendments related to street funds do not affect fund balance. The first amendment is a reallocation of funds in street maintenance from professional services to repair and maintenance. The next three are capital projects with costs offset by grant money. The last budget amendment is for the sewer capital program. The Engineering Department is requesting $1,337,910 for the rehabilitation of the sewer lift stations. Attachments 2013 May Budget Amendment Form Review Inbox Reviewed By Date Finance Ronald Cone 05/09/2013 01:22 PM City Clerk Sandy Chase 05/09/2013 01:39 PM Mayor Dave Earling 05/09/2013 03:51 PM Finalize for Agenda Sandy Chase 05/09/2013 04:09 PM Form Started By: Debra Sharp Started On: 05/09/2013 11:35 AM Final Approval Date: 05/09/2013 Packet Page 3 of 313 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3913 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2013 Budget; and THEREFORE, WHEREAS, the applications of funds have been identified; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 3913 adopting the final budget for the fiscal year 2013 is hereby amended to reflect the changes shown in Exhibits A, B, C, D, and E adopted herein by reference. Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take 1 Packet Page 4 of 313 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, DAVE EARLING ATTEST/AUTHENTICATE: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 2 Packet Page 5 of 313 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: AN ORDINANCE OF THE CITY OF ORDINANCE NO. 3913 AS A RESULT EXPENDITURES OF VARIOUS FUNDS, SHALL BECOME EFFECTIVE. EDMONDS, WASHINGTON, AMENDING OF UNANTICIPATED TRANSFERS AND AND FIXING A TIME WHEN THE SAME The full text of this Ordinance will be mailed upon request. DATED this day of 32013. CITY CLERK, SANDRA S. CHASE 3 Packet Page 6 of 313 EXHIBIT "A": Budget Amendments by Revenue (May 2013) FUND NO. FUND DESCRIPTION ORD. NO. 3904 12/11/2012 ORD. NO. 3913 2/2013 ORD. NO. 5/2013 2013 Amended Budget 001 General Fund $ 32,846,292 $ 12,297 $ 23,500 $ 32,882,089 009 Leoff-Medical Ins. Reserve 600,350 (250,000) - 350,350 011 Risk Management Reserve Fund 418,200 418,200 012 Contingency Reserve Fund 123,223 - 123,223 014 Historic Preservation Gift Fund - 15,000 15,000 016 Building Maintenance 56,900 - 56,900 104 Drug Enforcement Fund 20,175 20,175 111 Street Fund 1,406,800 - 1,406,800 112 Combined Street Const/Improve 6,223,755 140,000 6,363,755 117 Municipal Arts Acquis. Fund 59,891 - 59,891 118 Memorial Street Tree 27 27 120 Hotel/Motel Tax Revenue Fund 52,870 52,870 121 Employee Parking Permit Fund 18,120 18,120 122 Youth Scholarship Fund 2,025 2,025 123 Tourism Promotional Fund/Arts 19,000 19,000 125 ParkAcq/Improvement 650,600 12,000 662,600 126 Special Capital Fund 650,600 - 650,600 127 Gifts Catalog Fund 20,483 - 20,483 129 Special Projects Fund 14,700 208,100 222,800 130 Cemetery Maintenance/Improv 119,950 - 119,950 132 Parks Construction 1,869,500 140,850 2,010,350 136 Parks Trust Fund 228 - 228 137 Cemetery Maintenance Trust I'd 14,600 14,600 138 Sister City Commission 3,517 3,517 139 Transportation Benefit District 645,000 645,000 211 Lid Fund Control 22,130 22,130 213 Lid Guaranty Fund 22,230 - 22,230 231 2012 LTGO Debt Service fund - 1,009,902 1,009,902 234 Ltgo Bond Debt Service Fund 414,500 (414,500) - 421 Water 10,625,680 10,625,680 422 Storm 3,486,716 3,486,716 423 Sewer/Treatment Plant 11,020,123 11,020,123 511 Equipment Rental Fund 1,361,972 1,361,972 617 Firemen'S Pension Fund 45,400 45,400 Totals $ 72,835,557 $ 733,649 $ 163,500 $ 73,732,706 Packet Page 7 of 313 EXHIBIT "B": Budget Amendments by Expenditure (May 2013) FUND NO. FUND DESCRIPTION ORD. NO. 3904 12/11/2012 ORD. NO. 3913 2/2013 ORD. NO. 5/2013 2013 Amended Budget 001 General Fund $ 32,836,495 $ 123,008 $ 47,500 $ 33,007,003 009 Leoff-Medical Ins. Reserve 619,400 - - 619,400 011 Risk Management Reserve Fund 661,000 - 661,000 014 Historic Preservation Gift Fund - 15,000 15,000 016 Building Maintenance 35,000 170,000 205,000 104 Drug Enforcement Fund 80,033 - 80,033 111 Street Fund 1,557,715 - 1,557,715 112 Combined Street Const/Improve 6,304,984 20,000 140,000 6,464,984 117 Municipal Arts Acquis. Fund 130,600 9,200 - 139,800 120 Hotel/Motel Tax Revenue Fund 68,500 - 68,500 121 Employee Parking Permit Fund 26,726 26,726 122 Youth Scholarship Fund 4,000 4,000 123 Tourism Promotional Fund/Arts 19,000 - 19,000 125 ParkAcq/Improvement 964,000 322,500 1,286,500 126 Special Capital Fund 662,105 6,429 668,534 127 Gifts Catalog Fund 20,020 12,297 32,317 129 Special Projects Fund 14,700 208,100 222,800 130 Cemetery Maintenance/Improv 152,761 - 152,761 132 Parks Construction 1,887,500 205,700 2,093,200 138 Sister City Commission 4,600 - 4,600 139 Transportation Benefit District 645,000 645,000 211 Lid Fund Control 22,130 - 22,130 231 2012LTGO Debt Service Fund - 1,009,902 1,009,902 234 Ltgo Bond Debt Service Fund 388,671 (388,671) - 421 Water 9,195,130 6,720 9,201,850 422 Storm 4,471,135 94,637 4,565,772 423 Sewer/Treatment Plant 16,854,966 (24,857) 1,337,910 18,168,019 511 Equipment Rental Fund 1,042,840 52,532 - 1,095,372 617 Firemen's Pension Fund 108,790 - - 108,790 Totals $ 78,777,801 $ 1,842,497 $ 1,525,410 $ 82,145,708 Packet Page 8 of 313 EXHIBIT "C": Budget Amendment (May 2013) Department BARS Category Debit Credit Description Adjustments to the 2013 Budget General Fund 0011 000 31 514 20 11 00 Salaries 60,000 Interim Finance Director General Fund 0011 000 31 514 20 41 00 Professional Services 60,000 General Fund 001 000 31 514 20 11 00 Salaries 4,000 Finance Dept. General Fund 001 000 31 514 23 12 00 Overtime 4,000 Overtime General Fund 001 000 64 571 21 11 00 Salaries 24,000 P&R.5 FTE Reinstatement General Fund 001 000 39 508 00 00 00 Ending Fund Balance 24,000 General Fund 001 000 62 524 10 41 00 Professional Services 4,000 Development Services -Grant Adjustment General Fund 001 000 62 524 20 41 00 Professional Services 16,000 General Fund 001 000 62 558 60 41 00 Professional Services 3,500 General Fund 001 000 333 1 Grant#to be assigned 23,500 Street Fund 111 000 68 5421 61 48 00 Repa i r & Ma i ntena nce 20,000 Rea I I ocate Street Funds Street Fund 111 000 68 5421 31 41 00 Professional Services 20,000 Street Const Fund 112 200 68 595 33 41 00 Professional Services 35,000 236thStSw Street Const Fund 112 200 68 595 33 91 00 Interfund Services 5,000 Sidewalk Street Const Fund 112 200 333 1 jGrant #to be assigned 40,000 Street Const Fund 112 200 68 595 33 41 00 Professional Services 35,000 15thSTSW Street Const Fund 112 200 68 595 33 91 00 Interfund Services 5,000 Sidewalk Street Const Fund 112 200 333 Grant #to be assigned 40,000 Street Const Fund 112 200 68 595 33 41 00 Professional Services 50,000 238thSTSW Sidewalk Street Const Fund 112 200 68 595 33 91 00 InterfundServices 10,000 Street Const Fund 112 200 333 Grant #to be assigned 60,000 Sewer Fund 423 000 075 594 035 041 30 Professional Services 100,760 Rehabilitation of Sewer Lift Stations Sewer Fund 423 000 075 594 035 910 30 Interfund Services 24,100 Sewer Fund 423 000 075 594 035 065 30 Construction Projects 1,213,050 Sewer Fund 1 4231 000 075 508 000 000 00 Ending Fund Balance 1,337,910 Packet Page 9 of 313 EXHIBIT "D": Budget Amendment Summary (May 2013) Change in Beginning Fund Change in Ending Fund Number Balance Revenue Expense Fund Balance 001 - 23,500 47,500 (24,000) 112 - 140,000 140,000 - 423 - - 1,337,910 (1,337,910) Total Change - 163,500 t 1,525,410 (1,361,910) Above is a summary of changes to various funds. Budget amendments pertaining to the fund are as follows. Fund Name and Title General Fund 001 Street Maintenance Fund III Street Construction Fund 112 Sewer Utility 423 Budget Amendment Summary Interim Finance Director Salary & Boarding Finance Department Overtime P&R .5 FTE Reinstatement Grant Adjustment Reallocate Funds 236`h St SW Sidewalk 15`" St SW Sidewalk 238`" St SW Sidewalk Rehabilitation of Sewer Lift Stations Packet Page 10 of 313 EXHIBIT "E": Budget Amendment Detail (May 2013) Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Deb Sharp Finance Department Interim Finance Director Salary & Boardin The Finance Department needs to reallocate funds from the finance director's salary BARS number to professional services to cover the costs associated with hiring an interim finance director as the City searches for S. Hunstock's replacement. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Sa I a ri es 001.000.3 1.5 14.20.11.00 (60,000) 001 General Fund Professional Sery 001.000.31.514.20.41.00 60,000 Total Expenditure Increase (Decrease) $ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decreas $ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ W Packet Page 11 of 313 EXHIBIT "E": Budget Amendment Detail (May 2013) Prepared By: Deb Sharp Department: Finance Department Description on Budget Amendment Summary: Finance Department Overtime Budget Amendment Detailed Description: The Finance Department needsto reallocate fundsfrom the finance director's salary BARS numberto overtime to cover costs associated with additional staff time needed as the City searchesforS. Hunstock'sreplacement. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 General Fund Sa I a ri es 001.000.3 1.5 14.20.11.00 (4,000) 001 General Fund Overtime 00 1.000.3 1.5 14.23.12.00 4,000 Total Expenditure Increase (Decrease) $ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decreas $ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ 0 Packet Page 12 of 313 EXHIBIT "E": Budget Amendment Detail (May 2013) Prepared By: Sarah Cocker Department: Parks and Recreation Description on Budget Amendment Summary: Budget Amendment Detailed Description: Sr. Office Specialist .5FTE Reinstatement Parks and Recreation is requesting a transfer of $24,000 to carry overfrom the 2012 year end budgetto reinstate .5FTE Parks Sr. Office Specialist Position. The Sr. Office Specialist position was cut by .5FTE in the 2013 budget, but the department requested the position to be reinstated in orderto provide customer service at the front desk of the Frances Anderson Center. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 Parks and Recreation Salaries 001.000.64.571.21.11.00 24,000 Total Expenditure Increase (Decrease) $ 24,000 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decreas $ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 001 General Fund 001.000.39.508.00.00.00 (24,000) Total Ending Fund Balance Increase (Decrease) $ (24,000) 10 Packet Page 13 of 313 EXHIBIT "E": Budget Amendment Detail (May 2013) Prepared By: Rob Chave Department: Development Services Description on Budget Amendment Summary: Grant Adjustment Budget Amendment Detailed Description: This amendment will adjust the Development Services budget to reflect a one-time leveraged reimbursement grant for $23,500 received by the department this year. The grant is from the State Department of Energy and required a grant match of 20% which was accomplished by charging staff time taken to update online permit access and solar permitting procedures, projects which fit into the department's regularwork priorities. The money received will be allocated to offset and restore some of the budget cuts required to be taken in the 2013 budget cycle. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 001 DSAdmin Prof Services 001.000.62.524.10.41.00 4,000 001 Building Prof Services 001.000.62.524.20.41.00 16,000 001 Planning Prof Services 001.000.62.558.60.41.00 3,500 Total Expenditure Increase (Decrease) $ 23,500 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 001 General Fund Grant Number to be assigned 23,500 Total Revenue (Increase) Dec reas el $ 23,500 Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ 11 Packet Page 14 of 313 EXHIBIT "E": Budget Amendment Detail (May 2013) Prepared By: Tod Moles Department: Street/Storm Public Works Description on Budget Amendment Summary: reallocate funds Budget Amendment Detailed Description: The purpose of this amendment is to redirect dollars intended to pay an outside consultant to rate our road surfaces and use those dollars to pay a contractor to cut out sidewalk trip hazards in the downtown business district. The City will do the road rating as needed with in-house staff and equipment. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 111 road/street ma i nt. sidewalk repair 111.000.68.542.61.48.00 20,000 111 road/streetmaint professional service 111.000.68.542.31.41.00 (20,000) Total Expenditure Increase (Decrease) $ Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue (Increase) Decreas $ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ 12 Packet Page 15 of 313 EXHIBIT "E": Budget Amendment Detail (May 2013) Prepared By: Rob English Department: Public Works Department Description on Budget Amendment Summary: 236th St. SW Sidewalk Budget Amendment Detailed Description: The Public Works Department applied for a transportation grant to construct new sidewalk on 236th St. SW between Edmonds Way and Madrona Elementary School. The grant was selected through a competitive process and the funding should be available on July 1st when the State's budget is approved. This amendment will provide funds to begin the project design and environmental review process. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const Fund Professional Sery 112.200.68.595.33.41.00 35,000 112 Street Const Fund Interfund Services 112.200.68.595.33.91.00 5,000 Total Expenditure Increase (Decrease) $ 40,000 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 112 Street Const Fund Grant Number to be assigned (40,000) Total Revenue (Increase) Dec reas $ (40,000) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ 13 Packet Page 16 of 313 EXHIBIT "E": Budget Amendment Detail (May 2013) Prepared By: Rob English Department: Public Works Department Description on Budget Amendment Summary: 15th St. SW Sidewalk Budget Amendment Detailed Description: The Public Works Department applied for a transportation grant to construct new sidewalk on 15th St. SW between Edmonds Way and 8th Ave S. The grant application was selected through a competitive process and the funding should be available on July 1st when theState's budget is approved. This amendment will provide funds to begin the project design and environmental review process. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const Fund Professional Sery 112.200.68.595.33.41.00 35,000 112 Street Const Fund Interfund Services 112.200.68.595.33.91.00 5,000 Total Expenditure Increase (Decrease) $ 40,000 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 112 Street Const Fund Grant Number to be assigned (40,000) Total Revenue (Increase) Dec reas $ (40,000) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ 14 Packet Page 17 of 313 EXHIBIT "E": Budget Amendment Detail (May 2013) Prepared By: Rob English Department: Public Works Department Description on Budget Amendment Summary: 238th St. SW Sidewalk Budget Amendment Detailed Description: The Public Works Department applied for a transportation grant to construct new sidewalk on 238th St. SW between 1OOth Ave Wand 1O4th Ave W. The City's grant application was selected through a competitive process and the funding should be available on July 1st when the State's budget is approved. This amendment will provide funds to begin the project design and environmental review process. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 112 Street Const Fund Professional Sery 112.200.68.595.33.41.00 50,000 112 Street Const Fund Interfund Services 112.200.68.595.33.91.00 10,000 Total Expenditure Increase (Decrease) $ 60,000 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount 112 Street Const Fund Grant Number to be assigned (60,000) Total Revenue (Increase) Dec reas $ (60,000) Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount Total Ending Fund Balance Increase (Decrease) $ 15 Packet Page 18 of 313 EXHIBIT "E": Budget Amendment Detail (May 2013) Prepared By: Department: Description on Budget Amendment Summary: Budget Amendment Detailed Description: Rob English Public Works Department Rehabilitation of Sewer Lift Stations This amendmentwill provide additional sewer utility fundsfortheSewer Lift Station Rehabilitation Project. The project is currently under construction and will upgradeand improve9 sewer lift stations. In August 2012, the Council awarded a construction contractto Razz Construction and approved a total construction budget of$4,844,O95. This amendment will program unspent funds from 2012 and provide additional sewer utility funding to match the current $4,844,095 construction budget. Expenditure Increase (Decrease) Fund # Fund Title Object BARS Number Amount 423 Sewer Fund Professional Sery 423.000.75.594.35.41.30 100,760 423 Sewer Fund Interfund Services 423.000.75.594.35.91.30 24,100 423 Sewer Fund Const Projects 423.000.75.594.35.65.30 1,213,050 Total Expenditure Increase (Decrease) $ 1,337,910 Revenue (Increase) Decrease Fund Fund Title Revenue Source BARS Number Amount Total Revenue(Increase) Dec reas $ Ending Fund Balance Increase (Decrease) Fund Fund Title BARS Number Amount 423 Sewer Fund Endi ng Fund Balance 423.000.75.508.00.00.00 (1,337,910) Total Ending Fund Balance Increase (Decrease) i i $ (1,337,910) 16 Packet Page 19 of 313 AM-5703 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 10 Minutes Submitted For: Ronald Cone Department: Finance Committee: Finance Subject Title March 2013 Quarterly Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative Submitted By: Sarah Mager Tyne: Information Attachments March 2013 Quarterly Financial Report Form Review Inbox Reviewed By Finance Ronald Cone City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Sarah Mager Final Approval Date: 05/08/2013 Information Date 04/24/2013 03:33 PM 05/06/2013 11:55 AM 05/06/2013 01:23 PM 05/08/2013 10:11 AM Started On: 04/24/2013 03:09 PM 7. B. Packet Page 20 of 313 E �� of 0 MARCH 2013 QUARTERLY FINANCIAL REPORT Ins. 1$90 General Fund activity year-to-date brought a deficit of $4.2 million to fund balances. Several specific revenue line items are tracking ahead of budget so far through March. These include Natural Gas Tax (36% of budget), Electric Utility Tax (33% of budget), Gas Utility Tax (37% of budget), Amusements (66% of budget), Franchise Fees (average of 28% of budget), General Business License (77% of budget), Non - Resident Business License (61 % of budget), and Real Estate Excise Tax (40% of budget). At the end of March, 25% of the year had expired. Overall, General Fund expenditures are on track with 29% of budget spent to date. Salaries and Wages for all departments are at 25% of budget, and Overtime is at 20% of budget. No departments are over budget. The variance of 4% is due to the $1.6 million 2nd quarter Fire District #1 payment made in March 2013. General Fund 14 12 $11.02 10 $8.37 0 8 $6.81 6 — ❑General c — Fund 4 2 Dec 2012 Feb 2013 Mar 2013 1 CHANGE IN FUND BALANCES GENERAL FUND BALANCES FUND ---- ACTUAL ---- ---- ACTUAL ---- 12/31/2012 2/28/2013 Q1 Q1 YTD 001-General Fund $ 4,829,369 $ 2,704,831 $ 956,051 $ (3,873,318) $ (3,873,318) 009-Leoff-Medical Ins. Reserve 387,319 330,359 294,688 (92,631) (92,631) 011-Risk Management Fund 244,000 (220,078) - (244,000) (244,000) 012 -Contingency Reserve Fund 5,283,425 5,284,166 5,284,522 1,097 1,097 013-Mulitmodal Transportation FD 55,859 55,859 55,859 (0) (0) 014-Historic Preservation Gift Fund 1,064 1,709 945 (119) (119) 016-Building Maintenance 213,999 213,536 213,551 (448) (448) Total General Fund $ 11,015,035 $ 8,370,382 $ 6,805,616 $ (4,209,419) $ (4,209,419) Packet Page 21 of 313 MARCH 2O13 DASHBOARD YEAR TO DATE TREND COMPARED TO PROJECTIONS REFERENCE GENERAL FUND REVENUES General Fund Revenue Positive 12.04% Page 9 Sales & Use Tax Revenue Positive 2.42% Page 10 Gas Utility Tax Revenue V Negatived -10.32% Page 10 Telephone Utility Tax Revenue Warning -2.66% Page 11 Electric Utility Tax Revenue Positive 2.71% Page 11 EXPENDITURES General Fund Expenditures Page 12 NON -GENERAL FUND REVENUES Real Estate Excise Tax Positive 98.43% Page 9 Key to revenue trend indicators: Positive =Positve variance of> 2% compared to projections. 44 Neutral 110, =Variance of -1 % to +2% compared to projections. Warning =Negative variance of-1% to 4% compared to projections. TNegativeT =Negative variance of >-4% compared to projections. 2 Packet Page 22 of 313 GOVERNMENTAL FUNDS OVERVIEW Combined governmental fund activity through March brought a deficit of $2.8 million to fund balances. The General Fund was responsible for a deficit of $4.2 million, the special revenue funds for an increase of $1.4 million, and the remaining was due to an increase of $5,921 in the debt service funds. Governmental Fund Balances -By Fund Group Governmental Fund Balances - Combined 14 18 12 $14.56 $11.02 $12.60 10 $11.74 12 General 8.37 c 8 Fund c $6.81 �rSpecial 6 Revenue $4.92 Debt 6 4 53 Service 2 $0.02 Dec 2012 Feb 2013 Mar 2013 Dec 2012 Feb 2013 Mar 2013 3 CHANGE IN FUND FUND BALANCES BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 2/28/2013 Q1 Q1 YTD General Fund $ 11,015,035 $ 8,370,382 $ 6,805,616 $ (4,209,419) $ (4,209,419) Special Revenue 3,530,072 4,217,679 4,921,020 1,390,948 1,390,948 Debt Service 11,014 13,974 16,935 5,921 5,921 Governmental Funds $ 14,556,121 $ 12,602,035 $ 11,743,571 $ (2,812,550) $ (2,812,550) Packet Page 23 of 313 SPECIAL REVENUE FUNDS OVERVIEW Activity in all special revenue funds year-to-date brought an increase of $1.4 million. The graph below shows the total fund balances for all nineteen special revenue funds as of December 2012, February 2013, and the current ending balance as of March 2013. Special Revenue Funds $4.92 5 $4.22 4 3 o Specia I 2 Revenue 1 Dec 2012 Feb 2013 Mar 2013 4 FUND BALANCES CHANGE IN FUND BALANCES GOVERNMENTAL ---- ACTUAL ---- ---- ACTUAL ---- Special Revenue Packet Page 24 of 313 ENTERPRISE FUNDS OVERVIEW Utility Fund Activity through March brought an increase of $379,180 in the Enterprise Funds. 70,000,000 60,000,000 50,000,000 40,000,000 30,000,000 20,000,000 10,000,000 Enterprise Funds- Fund Balances 43,942,247 43,961,906 421-Water Utility Fund 43,697,210 422 - Storm Utility Fund 423 - Sewer/WWTP Utility Fund 22,592 12,698,431 �rpT��Tarraar 7,800,453 Dec 2012 Feb 2013 Ma r 2013 ENTERPRISE FUND BALANCES CHANGE IN FUND ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31/2012 2/28/2013 Q1 Q1 YTD 421 - Water Utility Fund $ 12,322,592 $ 12,542,818 $ 12,698,431 $ 375,839 $ 375,839 422 - Storm Utility Fund 7,552,075 7,823,883 7,800,453 248,378 248,378 423 - Sewer/WWTP Utility Fund 43,942,247 43,961,906 43,697,210 (245,037) (245,037) Enterprise Funds 1 $ 63,816,914 $ 64,328,607 $ 64,196,094 1 $ 379,180 $ 379,180 $47, 800,000 $37,800,000 $27, 800,000 $17, 800,000 $7,800,000 $(2,200,000) Enterprise Fund Balances as of March 31, 2013 j /,Z5UU,4bJ Water Utility Fund Storm Utility Fund Sewer/WWTP Utility Fund Packet Page 25 of 313 5 SUMMARY OVERVIEW At the end of March, 25% of the year had expired. Year-to-date activity brought a deficit of $2.3 million to the City -Wide fund balances, bringing the total to $82.8 million. Of the year-to-date deficit, a $2.8 million deficit was generated by governmental funds, an increase of $436,626 was generated by Enterprise (Utility) Funds, an increase of $134,310 was generated by Internal Service Funds, and a deficit of $38,702 was generated by the Pension Trust Fund. CHANGE IN FUND FUND BALANCES BALANCES CITY-WIDE ---- ACTUAL ---- ---- ACTUAL ---- 12/31/2012 2/28/2013 011 Q1 YTD Governmental Funds $ 14,556,121 $ 12,602,035 $ 11,743,571 $ (2,812,550) $ (2,812,550) Enterprise Funds 63,816,914 64,360,659 64,253,540 436,626 436,626 Internal Services Fund 6,463,723 6,552,917 6,598,033 134,310 134,310 Pension Trust Fund 216,693 184,878 177,991 (38,702) (38,702) City-wide Total j $ 85,053,451 $ 83,700,489 $ 82,773,134 j $ (2,280,317) $ (2,280,317) Governmental Fund Balances as of March 31, 2013 Limited Tax G.O. Bond Fund L.I.D. Guaranty Fund Sister City Commission Cemetery Maintenance Trust Fund Parks Trust Fund Parks Construction Fund Cemetery Maintenance/Improvement Special Projects Fund Gifts Catalog Fund Real Estate Excise Tax 1, Parks Acq Real Estate Excise Tax 2 Tourism Promotional Fund/Arts Youth Scholarship Fund Employee Parking Permit Fund Hotel/Motel Tax Revenue Fund Memorial Street Fund Municipal Arts Acquis. Fund Combined Street Const/Improve Street Fund Drug Enforcement Fund General Fund $1 $681 $22,239 i $8,719 $820,666 $150,079 $ 26,530 $47,806 $16,333 $227,25 $56 ,715 1,225,166 $66,215 $14,930 $76,874 $118,385 $17,673 $419, $96,020 $88,900 $133,870 $2,000,000 ,6161 Packet Page 26 of 313 Q INTERNAL SERVICE FUNDS OVERVIEW Internal Service Fund activity through March brought an increase of $134,310. We began the year with a fund balance of $6.5 million and currently at the end of March; we see an ending fund balance of $6.6 million. Internal Service Fund Balances 6.46 $6.55 $6.60 6 5 4 511-Equipment Rental Fund 3 2 1 Dec 2012 Feb 2013 Mar 2013 7 FUND BALANCES CHANGE IN FUND INTERNAL SERVICE BALANCES ---- ACTUAL ---- ---- ACTUAL ---- FUNDS 12/31 /2012 2/28/2013 Q1 Q1 YTD 511 -Equipment Rental Fund $ 6,463,723 $ 6,552,917 $ 6,598,033 $ 134,310 $ 134,310 Internal Service Funds $ 6,463,723 $ 6,552,917 $ 6,598,033 $ 134,310 $ 134,310 Packet Page 27 of 313 INVESTMENT PORTFOLIO SUMMARY Agency/Issuer Investment Ty Washington State Local Investment Pool Government Investment Pool Opus Bank Certificate of Deposit FHLMC Bonds FHLMC Bonds FFCB Bonds TOTAL City of Edmonds Investment Portfolio Summary As of March 31, 2013 (a) Term Purchase Purchase Maturity/ Call* Yield to Weighted (months) Date Price Date Maturity Average Various $14,066,714 Various 0.18% 0.143% Investment Mix State Investment Pool Certificate of Deposit Bonds (a) To maturityor call date, whichever occurs first. 24 9/17/2012 500,000 9/17/2014 0.60% 0.017% 60 12/28/2012 1,000,000 6/28/2013 ** 0.90% 0.051 % 54 12/27/2012 1,000,000 6/27/2013 0.75% 0.043% 45 12/19/2012 1,000,000 3/19/2013 0.54% 0.031 % 0.28% 0.285% % of Total Summary 80.1 % Current 6-month treasury rate 0.11 % 2.8% Current State Pool rate 0.18% 17.1 % Blended Edmonds rate 0.28% Packet Page 28 of 313 N City of Edmonds, WA Monthly Revenue Summary -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % General Fund 40,000,000 January $ 1,216,011 $ 1,216,011 $ 1,818,957 49.58% 35,000,000 February 3,001,808 1,785,798 3,696,503 23.14% March 5,069,810 2,068,001 5,680,288 12.04% 30,000,000 April 7,688,984 2,619,174 25,000,000 May 15,056,423 7,367,439 20,000,000 June 16,705,631 1,649,208 15,000,000 July 18,630,860 1,925,229 August 20,240,653 1,609,794 10,000,000 September 21,816,557 1,575,904 5,000,000 October 24,495,080 2,678,522 _ November 31,203,426 6,708,346 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 32,858,589 1,655,163 tActuals/Trend Budget *The variance of 12.04%listed above, is a Year End Projected Variance. *The variance listed above is due to the several general fund revenue line items that are tracking ahead of budget at the end of March. City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2013 Real Estate Excise Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % Real Estate Excise Tax 1,400,000 January $ 55,653 $ 55,653 $ 69,441 24.77% February 88,310 32,657 115,535 30.83% 1,200,000 March 129,657 41,347 257,285 98.43% 1,000,000 April 187,545 57,887 800,000 May 241,350 53,805 June 303,047 61,697 600,000 July 363,652 60,605 400,000 August 430,206 66,554 September 492,808 62,602 200,000 October 555,912 63,105 _ November 604,828 48,916 1,818,95Ionthly MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 650,000 45,172 ---*--Actuals/Trend Budget *The variance of 98.43% listed above, is a Year End Projected Variance. *The variance shown above is due to a larger number of sales transactions than were expected. 9 Packet Page 29 of 313 City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2013 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 6 000 000 January $ 390,013 $ February 884,364 March 1,235,989 April 1,600,252 May 2,031,316 June 2,414,769 July 2,801,571 August 3,255,906 September 3,657,629 October 4,069,329 November 4,525,665 December 4,913,150 390,013 $ 406,956 4.34% 5,000,000 494,351 894,736 1.17 4,000,000 351,625 1,265,893 2.42% 364,263 3,000,000 431,064 383,453 2,000,000 386,802 1,000,000 454,335 401,723 Sales and Use Tax 411,700 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 456,336 387,485 --4--Actuals/Trend Budget *The variance of 2.42% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Revenue Summary -Gas Utility Tax 2013 Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % Gas Utility Tax January $ 112,509 $ 112,509 $ 94,836-15.71% February 230,573 118,064 220,665 -4.30% March 338,041 107,468 303,170-10.32% April 428,064 90,023 May 504,039 75,974 June 561,033 56,994 July 602,742 41,709 August 632,326 29,584 September 659,759 27,432 October 688,968 29,210 November 738,628 49,660 December 811,174 72,546 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --4--Actuals/Trend Budget *The variance of-10.32% listed above, is a Year End Projected Variance. *The Budget Forecast is taken from a five year average. Due to higher revenues in 2008-2009, the variance from forecast to actual is is greater. *The expectation is that the negative variance is due to the milder winter we experienced this year. 10 Packet Page 30 of 313 City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2013 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 95,577 $ 229,350 376,493 479,057 608,761 713,226 853,959 989,418 1,092,061 1,256,775 1,349,920 1,529,498 1,oUU,000 95,577 $ 134,596 40.82% 400,000 133,773 252,444 10.07% 1,200,000 147,142 366,495 -2.66% 102,564 1,000,000 129,705 800,000 104,465 600,000 140,733 400,000 135,459 102,643 200,000 164,714 - Telephone Utility Tax 93,146 JAN FEB MAR APR MAY RUN JUL AUG SEP OCT NOV DEC I 179,578 tActuals/Trend Budget *The variance of -2.66% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2013 Flectric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 151,925 $ 320,049 474,600 631,769 769,731 882,641 989,535 1,081,971 1,180,465 1,265,812 1,372,881 1,475,638 t,twU,Uuu 151,925 $ 153,240 0.87% 1,400,000 168,124 326,077 1.88% 154,551 487,478 2.71% 1,200,000 157,169 1,000,000 137,963 800,000 112,909 106,895 600'000 92,436 400,000 98,494 200,000 85,346 Electric Utility Tax 107,070 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 102,757 --0--Actuals/Trend Budget *The variance of 2.71%listed above, is a Year End Projected Variance. Packet Page 31 of 313 City of Edmonds, WA Monthly Expenditure Report -General Fund 2013 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % General Rmd 40,000,000 January $ 3,211,752 $ 3,211,752 $4,106,837 27.87% 35,000,000 February 5,660,240 2,448,488 5,821,040 2.84% March 7,874,761 2,214,521 9,553,606 21.32% 30,000,000 April 10,938,142 3,063,381 25,000,000 May 12,920,118 1,981,976 20,000,000 June 16,195,870 3,275,752 15,000,000 July 18,970,269 2,774,399 August 21,423,098 2,452,829 10,000,000 September 24,244,769 2,821,671 5,000,000 October 26,551,229 2,306,460 _ November 29,074,901 2,523,672 1,818,9MonthlyMAR APR MAY TUN JUL AUG SEP OCT NOV DEC December 32,959,503 3,884,602 +Actuals/Trend Budget *The variance of 21.32% listed above, is a Year End Projected Variance. *The variance shown above is due to payment of annual WCIA insurance premiums, and the 2nd quarter FD1 payment made in March 2013. City of Edmonds, WA Monthly Expenditure Report -Non -Departmental 2013 Non -Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % Non -Departmental 20,000,000 January $ 1,818,292 $ 1,818,292 $ 2,450,235 34.75% 18,000,000 February 2,358,291 539,999 2,488,604 5.53% 16,000,000 March 2,684,562 326,271 4,520,241 68.38% 14,000,000 April 3,827,781 1,143, 219 12, 000,000 May 4,037,949 210,168 10,000,000 June 5,809,316 1,771,367 8,000,000 July 6,611,919 802,602 6,000,000 August 6,990,130 378,211 4,000,000 September 7,896,141 906,011 2 000 000 October 8,278,209 382,068 November 8,689,214 411,005 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 11,467,569 2,778,355 Actuals/Trend Budget *The variance of 68.38%listed above, is a Year End Projected Variance. *The variance shown above is due to the 2nd quarter Fire District #1 payment made in March2013. 12 Packet Page 32 of 313 City of Edmonds, WA Monthly Expenditure Report -City Council 2013 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 20,374 $ 43,014 66,053 85,839 105,708 127,575 152,874 175,926 194,771 221,092 242,345 273,623 300,000 20,374 $ 15,899-21.96% 22,641 38,445-10.62% 250,000 23,038 61,389 -7.06% 200,000 19,787 19,869 150,000 21,866 25,299 100,000 23,052 50,000 18,845 26321 City CouncH 21,253 I 1,818,95Nlonthly MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 31,278 tActuals/Trend Budget *The variance of -7.06% listed above, is a Year End Projected Variance. Office of City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 3)) )00 3 January $ 20,148 $ February $ 40,542 $ March $ 60,202 $ April $ 79,760 $ May $ 99,078 $ June $ 118,442 $ July $ 138,932 $ August $ 158,492 $ September $ 177,640 $ October $ 198,963 $ November $ 219,266 $ December $ 238,374 $ 20,148 $ 19,244 -4.49% 250,000 20,394 38,426 -5.22% 200,000 19,660 59,435 -1.27% 19,559 150,000 19,317 19,364 100,000 20,491 50,000 19,559 Office of Mayor 19,148 21,322 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 20,304 19,108 1 -4--Actuals/Trend Budget *The variance of -1.27% listed above, is a Year End Projected Variance. 13 Packet Page 33 of 313 City of Edmonds, WA Monthly Expenditure Report -Human Resources 2013 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 21,417 $ 43,437 71,550 94,953 119,752 141,891 165,641 186,678 212,715 233,346 254,495 287,190 300,000 21,417 $ 19,264-10.05% 250,000 22,020 39,680 -8.65% 28,113 59,024-17.51% 200,000 23,403 24,799 150,000 22,139 23,750 100,000 21,037 50,000 26,036 20,631 Human Resources 21,149 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 32,695 tActuals/Trend Budget *The variance of -17.51 % listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2013 Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 53,643 $ 112,911 175,311 237,725 296,077 360,063 418,105 479,445 537,638 599,224 660,765 729,506 NUU,000 53,643 $ 51,789 -3.46% 700,000 59,267 115,326 2.14% 600,000 62,400 172,514 -1.60% 62,414 500,000 58,352 400,000 63,987 300,000 58,042 200,000 61,340 58,193 100,000 61,585 - Municipal Court 61,541 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 68,741 --O--Actuals/Trend Budget *The variance of -1.6% listed above, is a Year End Projected Variance. 14 Packet Page 34 of 313 City of Edmonds, WA Monthly Expenditure Report -Economic Development/Community Services 2013 Economic Development/Community Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 23,621 $ 59,476 90,712 120,039 152,347 179,102 217,136 242,932 271,956 302,512 328,886 373,314 400,000 23,621 $ 23,455 -0.70% 350,000 35,855 54,572 -8.24% 31,236 82,365 -9.20% 300,000 29,327 250,000 32,308 200,000 26,755 150,000 38,034 25,796 100,000 29,024 50,000 30,556 Economic Development/Community Services 26,374 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 44,428 ---0--Actuals/Trend Budget *The variance of -9.2%listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Expenditure Report -City Clerk 2013 City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % 1600,000 January $ February March April May June July August September October November December 46,581 $ 92,331 145,417 190,728 246,108 293,563 344,299 388,440 438,924 482,314 532,305 586,831 46,581 $ 37,742-18.98% 1500,000 45,750 83,146 -9.95% 400,000 53,085 132,277 -9.04% 45,311 300,000 55,380 47,455 200,000 50,736 100,000 44,142 50,484 City Clerk 43,390 1,818,9541onthlyMAR APR MAY JUN JUL AUG SEP OCT NOV DEC 49,991 54,526 --4--Actuals/Trend Budget *The variance of -9.04% listed above, is a Year End Projected Variance. *The negative variance shown above is due to unspent monies for the Public Records/Document Management System decision project. This project was started in November2012, so we expect thatfuture projections will be more in line with budget. 15 Packet Page 35 of 313 City of Edmonds, WA Monthly Expenditure Report -Information Services 2013 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 41,302 $ 107,298 158,751 207,167 262,166 315,619 362,425 424,811 471,078 532,480 602,576 723,534 1,000,000 41,302 $ 92,733 124.53% 65,997 139,675 30.17% 800,000 51,453 195,470 23.13% 48,416 600,000 54,999 53,452 400,000 46,806 62,386 200,000 Information Services , 267 61,402 YX 02 _ rV 70,096 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 120,958 1 tActuals/Trend Budget *The variance of 23.13%listed above, is a Year End Projected Variance. *The variance shown above is due to purchase of the new Broadcast System, as well the temporary contract work for Information Services.. ZSnance City of Edmonds, WA Monthly Expenditure Report -Finance 2013 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % isuu,uuu January $ 72,772 $ 72,772 $ 57,510-20.97% 700,000 February 139,622 66,850 132,734 -4.93% 600,000 March 202,376 62,753 195,061 -3.61% April 261,262 58,886 500,000 May 319,205 57,944 400,000 June 386,389 67,183 300,000 July 447,973 61,584 200,000 August 502,922 54,949 September 563,970 61,048 100,000 October 632,771 68,802 - Finance November 699,652 66,881 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 768,484 68,832 --4--Actuals/Trend Budget *The variance of -3.61%listed above, is a Year End Projected Variance. 16 Packet Page 36 of 313 City of Edmonds, WA Monthly Expenditure Report -City Attorney 2013 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 41,600 $ 83,200 124,800 166,400 208,000 249,600 291,200 332,800 374,400 416,000 457,600 499,200 500,000 41,600 $ 45,000 8.17% 41,600 85,261 2.48% 400,000 41,600 110,418-11.52% 41,600 300,000 41,600 41,600 200,000 41,600 41,600 100,000 41,600 41,600 City Attorney 41,600 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 41,600 tActuals/Trend Budget *The variance of-11.52% listed above, is a Year End Projected Variance. Police January $ February March April May June July August September October November December City of Edmonds, WA Monthly Expenditure Report -Police 2013 Cumulative Monthly YTD Variance Police 711,698 $ 1,410,348 2,145,943 2,840,086 3,527,398 4,308,719 5,026,944 5,739,849 6,480,625 7,196,799 8,160, 013 8,931,185 orecas c ua s 9,000,000 8,000,000 711,698 $ 711,651 -0.01% 7,000,000 698,649 1,406,388 -0.28% 6,000,000 735,595 2,104,655 -1.92% 694,143 5,000,000 687,312 14,000,000 781,321 3,000,000 718,225 2,000,000 712,905 1,000,000 740,777 716,174 1,818,930onthlyMAR APR MAY JUN JUL AUG SEP OCT NOV DEC 963,214 771,172 1 --4--Actuals/Trend Budget *The variance of -1.92% listed above, is a Year End Projected Variance. 17 Packet Page 37 of 313 City of Edmonds, WA Monthly Expenditure Report -Development Services 2013 ent Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % Development Services January $ February March April May June July August September October November December 130,011 $ 261,991 406,268 539,522 673,721 805,445 931,841 1,069,195 1,204,663 1,348,572 1,481,034 1,619,042 130,011 $ 134,416 131,980 262,483 144,277 425,124 133,254 134,199 131,724 126,396 137,354 135,468 143,909 132,462 138,008 1,800,000 3.39% 1,600,000 0.19% 1,400,000 4.64% 1,200,000 1,000,000 800,000 600,000 400,000 200,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ♦Actuals/Trend Budget *The variance of 4.64% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Expenditure Report -Parks & Recreation 2013 Parks & Recreation Cumulative Monthly TrD Variance Budget Forecast Budget Forecast Actuals % January $ February March April May June July August September October November December 218,823 $ 455,695 711,038 958,565 1,214,257 1,530,104 1,920,254 2,310,306 2,615,670 2,863,419 3,094,270 3,398,517 3,500,000 218,823 $ 206,466 -5.65% 3,000,000 236,872 441,862 -3.04% 255,343 687,221 -3.35% 2,500,000 247,527 2,000,000 255,692 315,847 1,500,000 390,150 1,000,000 390,052 305,363 500,000 247,750 - Parks & Recreation 230,851 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC I 304,247 Actuals/Trend Budget *The variance of -3.35% listed above, is a Year End Projected Variance. 18 Packet Page 38 of 313 City of Edmonds, WA Monthly Expenditure Report -Public Works 2013 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ February March April May June July August September October November December 27,007 $ 52,806 79,315 104,820 130,712 156,718 192,014 217,880 244,097 270,921 295,226 324,517 ,+UV,V W 27,007 $ 26,193 -3.01% 350,000 25,799 53,241 0.82% 26,509 80,244 1.17% 300,000 25,505 250,000 25,892 200,000 26,006 35,296 150,000 25,866 100,000 26,217 50,000 26,824 Public Works 24,305 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 29,291 -Budget *The variance of 1.17% listed above, is a Year End Projected Variance. City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2013 Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 106,672 $ 106,672 $ 98,355 -7.80% February 220,921 114,249 209,083 -5.36% March 343,665 122,743 320,411 -6.77% April 478,949 135,284 May 552,523 73,574 June 670,350 117,826 July 775,460 105,110 August 878,941 103,481 September 997,041 118,100 October 1,099,774 102,733 November 1,211,822 112,048 December 1,344,159 132,337 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 *The variance of -6.77% listed above, is a Year End Projected Variance. Facilities Maintenance JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC ---0--Actuals/Trend Budget Packet Page 39 of 313 19 City of Edmonds, WA Monthly Expenditure Report -Engineering 2013 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast ActuaIs r Engineering 1,600,000 January $ 114,878 $ 114,878 $ 116,885 1.75% 1,400,000 February 230,253 115,375 232,112 0.81% March 344,777 114,524 347,757 0.86% 1,200,000 April 468,076 123,299 1,000,000 May 577,613 109,537 800,000 June 692,774 115,161 July 811,036 118,261 600,000 August 927,998 116,962 400,000 September 1,048,742 120,745 200,000 October 1,171,924 123,182 November 1,285,309 113,385 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC December 1,394,485 109,176 --#--Actuals/Trend Budget *The variance of .86% listed above, is a Year End Projected Variance. 20 Packet Page 40 of 313 CITY OF EDMONDS REVENUES BY FUND - S UMMARY Fund No. Title 2013 Adopted Budget 3/31/2013 Revenues Variance 001 GENERAL FUND $ 32,858,589 $ 5,680,288 $ (27,178,301) 009 LEOFF-MEDICAL INS. RESERVE 350,350 73 (350,277) 011 RISK MANAGEMENT FUND 418,200 220,100 (198,100) 012 CONTINGENCY RESERVE FUND 123,223 1,097 (122,126) 014 HISTORIC PRESERVATION GIFT FUND 15,000 682 (14,318) 016 BUILDING MAINTENANCE 56,900 45 (56,855) 104 DRUG ENFORCEMENT FUND 20,175 17,235 (2,940) III STREET FUND 1,406,800 350,093 (1,056,707) 112 COMBINED STREET CONST/IMPROVE 6,223,755 752,134 (5,471,621) 117 MUNICIPAL ARTS ACQUIS. FUND 59,891 4,590 (55,301) 118 MEMORIAL STREET TREE 27 4 (23) 120 HOTEL/MOTEL TAX REVENUE FUND 52,870 12,586 (40,284) 121 EMPLOYEE PARKING PERMIT FUND 18,120 5,382 (12,738) 122 YOUTH SCHOLARSHIP FUND 2,025 3 (2,022) 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 11,215 (7,785) 125 REAL ESTATE EXCISE TAX 2 662,600 257,504 (405,096) 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 650,600 257,358 (393,242) 127 GIFTS CATALOG FUND 20,483 17,946 (2,537) 129 SPECIAL PROJECTS FUND 222,800 166,187 (56,613) 130 CEMETERY MAINTENANCE/IMPROVEMT 119,950 24,434 (95,516) 132 PARKS CONSTRUCTION FUND 2,010,350 143,231 (1,867,119) 136 PARKS TRUST FUND 228 206 (22) 137 CEMETERY MAINTENANCE TRUSTFD 14,600 2,929 (11,671) 138 SISTER CITY COMMISSION 3,517 2 (3,515) 139 TRANSPORTATION BENEFIT DISTRICT 645,000 147,055 (497,945) 211 L.I.D. FUND CONTROL 22,130 5,916 (16,214) 213 L.I.D. GUARANTY FUND 22,230 5 (22,225) 231 2012 LT GO DEBT SERVICE FUND 1,009,902 - (1,009,902) 411 COMBINED UTILITY OPERATION - 57,446 57,446 421 WATER UTILITY FUND 10,625,680 1,412,638 (9,213,042) 422 STORM UTILITY FUND 3,486,716 961,913 (2,524,803) 423 SEWER/WWTP UTILITY FUND 11,020,123 2,019,937 (9,000,186) 511 EQUIPMENT RENTAL FUND 1,361,972 348,422 (1,013,550) 617 FIREMEN'S PENSION FUND 45,400 40 (45,360) % Received 17 C 53 1 5 C 85 25 12 8 14 8 2 1 1 21 Packet Page 41 of 313 CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY Fund No. Title 2013 Adopted Budget 3/31/2013 Expenditures Variance 001 GENERAL FUND $ 32,959,503 $ 9,553,606 $ (23,405,897) 009 LEOFF-MEDICAL INS. RESERVE 619,400 92,705 (526,695) 011 RISK MANAGEMENT RESERVE FUND 661,000 464,100 (196,900) 014 HISTORIC PRESERVATION GIFT FUND 15,000 800 (14,200) 016 BUILDING MAINTENANCE 205,000 493 (204,507) 104 DRUG ENFORCEMENT FUND 80,033 1,987 (78,046) III STREET FUND 1,557,715 375,338 (1,182,377) 112 COMBINED STREET CONST/IMPROVE 6,324,984 179,022 (6,145,962) 117 MUNICIPAL ARTS ACQUIS. FUND 139,800 5,847 (133,953) 118 MEMORIAL STREET TREE - - - 120 HOTEL/MOTEL TAX REVENUE FUND 68,500 100 (68,400) 121 EMPLOYEE PARKING PERMIT FUND 26,726 - (26,726) 122 YOUTH SCHOLARSHIP FUND 4,000 1,018 (2,982) 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 999 (18,001) 125 REAL ESTATE EXCISE TAX 2 1,286,500 17,230 (1,269,270) 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 668,534 - (668,534) 127 GIFTS CATALOG FUND 32,317 7,163 (25,154) 129 SPECIAL PROJECTS FUND 222,800 10,045 (212,755) 130 CEMETERY MAINTENANCE/IMPROVEMT 152,761 30,222 (122,539) 132 PARKS CONSTRUCTION FUND 2,093,200 3,054 (2,090,146) 136 PARKS TRUST FUND - - - 138 SISTER CITY COMMISSION 4,600 63 (4,537) 139 TRANSPORTATION BENEFIT DISTRICT 645,000 147,055 (497,945) 211 L.I.D. FUND CONTROL 22,130 - (22,130) 213 L.I.D. GUARANTY FUND - - - 231 2012 LT GO DEBT SERVICE FUND 1,009,902 - (1,009,902) 421 WATER UTILITY FUND 9,201,851 1,036,799 (8,165,052) 422 STORM UTILITY FUND 4,565,772 713,535 (3,852,237) 423 SEWER/WWTP UTILITY FUND 16,830,109 2,264,973 (14,565,136) 511 EQUIPMENT RENTAL FUND 1,095,372 214,113 (881,259) 617 FIREMEN'S PENSION FUND 108,790 38,741 (70,049) $ 80,620,299 $ 15,159,010 $ (65,461,289) % S Dent 1 1 1% 1% 22 Packet Page 42 of 313 CITY OF EDMONDS CHANGE IN FUND BALANCE - S UMMARY Fund No. Title 001 GENERAL FUND 009 LEOFF-MEDICAL INS. RESERVE 011 RISK MANAGEMENT RESERVE FUND 012 CONTINGENCY RESERVE FUND 013 MULTIMODAL TRANSPORTATION FD. 014 HISTORIC PRESERVATION GIFT FUND 016 BUILDING MAINTENANCE TOTAL GENERAL FUND 104 DRUG ENFORCEMENT FUND III STREET FUND 112 COMBINED STREET CONST/IMPROVE 117 MUNICIPAL ARTS ACQUIS. FUND 118 MEMORIAL STREET TREE 120 HOTEL/MOTEL TAX REVENUE FUND 121 EMPLOYEE PARKING PERMIT FUND 122 YOUTH SCHOLARSHIP FUND 123 TOURISM PROMOTIONAL FUND/ARTS 125 REAL ESTATE EXCISE TAX 2 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ 127 GIFTS CATALOG FUND 129 SPECIAL PROJECTS FUND 130 CEMETERY MAINTENANCE/IMPROVEMT 132 PARKS CONSTRUCTION FUND 136 PARKS TRUST FUND 137 CEMETERY MAINTENANCE TRUSTFD 138 SISTER CITY COMMISSION 139 TRANSPORTATION BENEFIT DISTRICT 211 L.I.D. FUND CONTROL 213 L.I.D. GUARANTY FUND 231 2012 LT GO DEBT SERVICE FUND 234 LIMITED TAX G.O. BOND FUND, 411 COMBINED UTILITY OPERATION 421 WATER UTILITY FUND 422 STORM UTILITY FUND 423 SEWER/WWTP UTILITY FUND 511 EQUIPMENT RENTAL FUND 617 FIREMEN'S PENSION FUND 1/1/2013 2013 2013 3/31/2013 Beg. Balance Revenues Expenditures Difference End. Balance $ 4,829,369 $ 5,680,288 $ 9,553,606 $ (3,873,318) $ 956,051 387,319 73 92,705 (92,632) 294,688 244,000 220,100 464,100 (244,000) - 5,283,425 1,097 - 1,097 5,284,522 55,859 - - - 55,859 1,064 682 800 (118) 945 213,999 45 493 (448) 213,551 11,015,035 5,902,285 10,111,704 (4,209,419) 6,805,616 118,622 17,235 1,987 15,247 133,870 114,146 350,093 375,338 (25,246) 88,900 (477,093) 752,134 179,022 573,113 96,020 421,142 4,590 5,847 (1,258) 419,884 17,669 4 - 4 17,673 105,899 12,586 100 12,486 118,385 71,492 5,382 - 5,382 76,874 15,945 3 1,018 (1,015) 14,930 55,999 11,215 999 10,216 66,215 984,892 257,504 17,230 240,274 1,225,166 308,357 257,358 - 257,358 565,715 216,473 17,946 7,163 10,783 227,256 (139,809) 166,187 10,045 156,141 16,333 53,593 24,434 30,222 (5,788) 47,806 686,352 143,231 3,054 140,178 826,530 149,873 206 - 206 150,079 817,737 2,929 - 2,929 820,666 8,781 2 63 (62) 8,719 - 147,055 147,055 - - 3,496 5,916 - 5,916 9,412 22,234 5 - 5 22,239 (15,397) - - - (15,397) 681 - - - 681 - 57,446 - 57,446 57,446 12,322,592 1,412,638 1,036,799 375,839 12,698,431 7,552,075 961,913 713,535 248,378 7,800,453 43,942,247 2,019,937 2,264,973 (245,037) 43,697,210 6,463,723 348,422 214,113 134,309 6,598,033 216,693 40 38,741 (38,701) 177,991 TOTALALLFUNDS $ 85,053,451 $ 12,878,693 $ 15,159,010 $ (2,280,317) $ 82,773,134 We are currently using the estimated 2012 ending fund balance numbers for funds 421, 422, and 423. These will be updated when actuals are in; due to the change in how these funds are structured. 23 Packet Page 43 of 313 This page is intentionally left blank. 24 Packet Page 44 of 313 Pagel of 3 Title REAL PERSONAL / PROPERTY TAX EMS PROPERTY TAX VOTED PROPERTY TAX LOCAL RETAIL SALES/USE TAX NATURAL GAS USE TAX 1/10 SALES TAX LOCAL CRIM JUST ELECTRIC UTILITY TAX GAS UTILITY TAX SOLID WASTE UTILITY TAX WATER UTILITY TAX SEW ER UT ILIT Y T AX ST ORMWAT ER UT ILIT Y TAX T.V. CABLE UTILITY TAX TELEPHONE UTILITY TAX PULLTABS TAX AMUSEMENT GAMES LEASEHOLD EXCISE TAX PENALTIES ON GAMBLING TAXES LICENSES AND PERMITS: FIRE PERMITS -SPECIAL USE PROF AND OCC LICENSE -TAXI AMUSEMENTS FRANCHISE AGREEMENT -COMCAST FRANCHISE AGREEMENT -VERIZON/FRONT IER FRANCHISE AGREEMENT -BLACKROCK FRANCHISE AGREMENT-ZAYO OLYMPIC VIEW WATER DISTRICT FRANCHISE GENERAL BUSINESS LICENSE DEV SERV PERMIT SURCHARGE NON-RESIDENT BUS LICENSE RIGHT OF WAY FRANCHISE FEE BUILDING STRUCTURE PERMITS ANIMAL LICENSES STREET AND CURB PERMIT OTR NON -BUS LIC/PERMIT S DIVE PARK PERMIT FEE INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST TARGET ZERO TEAMS GRANT HIGH VISIBILITY ENFORCEMENT PUD PRIVILEDGE TAX MVET/SPECIAL DISTRIBUTION JUDICIAL SALARY CONTRIBUTION -STATE CRIMINAL JUSTICE -SPECIAL PROGRAMS DUI - CITIES LIQUOR EXCISE TAX LIQUOR BOARD PROFITS SHARED COURT COSTS MUNICIPAL COURT AGREEMENT W/LYNNWOOD CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Adopted 3/31/2013 Budget Revenues Variance % Received $ 9,781,109 $ 416,187 $ (9,364,922) 4% 2,775,282 128,959 (2,646,323) 5% 916,103 41,033 (875,070) 4% 4,913,150 1,265,893 (3,647,257) 26% 8,706 3,123 (5,583) 36% 520,417 144,864 (375,553) 28% 1,475,638 487,478 (988,160) 33% 811,174 303,170 (508,004) 37% 287,710 74,898 (212,812) 26% 904,613 217,707 (686,906) 24% 470,000 120,749 (349,251) 26% 274,600 85,709 (188,891) 31% 730,910 196,078 (534,832) 27% 1,529,498 366,495 (1,163,003) 24% 61,385 15,500 (45,885) 25% 731 51 (680) 7% 212,350 48,671 (163,679) 23% - - - 0% 25,673,376 3,916,564 (21,756,812) 15% 5,555 - (5,555) 0% 1,030 300 (730) 29% 6,060 4,025 (2,035) 66% 627,816 167,992 (459,824) 27% 95,806 22,058 (73,748) 23% 8,287 2,938 (5,349) 35% - 5,000 5,000 0% 214,415 52,692 (161,723) 25% 106,297 81,877 (24,420) 77% 18,422 5,250 (13,172) 28% 39,274 24,050 (15,224) 61% 9,500 9,773 273 103% 345,436 69,299 (276,137) 20% 13,205 3,781 (9,424) 29% 50,000 2,220 (47,780) 4% 7,070 3,045 (4,025) 43% - - - 0% 1,548,173 454,300 (1,093,873) 29% 1,191 - (1,191) 0% 10,000 1,480 (8,520) 15% 6,000 419 (5,581) 7% 185,181 - (185,181) 0% 8,828 2,281 (6,547) 26% 12,572 3,134 (9,438) 25% 33,290 8,546 (24,744) 26% 7,704 1,799 (5,905) 23% 20,000 - (20,000) 0% 301,761 89,450 (212,311) 30% 3,030 - (3,030) 0% 1,500 - (1,500) 0% 591,057 107,110 (482,447) 18% Packet Page 45 of 313 25 Title C ITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Adopted 3/31/2013 Budget Revenues Variance Page 2 of 3 %Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS 1,065 179 (886) 17% D/M COURT REC SER 172 14 (158) 8% MUNIC.-DIST. COURT CURREXPEN 188 32 (156) 17% SALE MAPS & BOOKS 72 68 (4) 95% PHOTOCOPIES 4,572 797 (3,775) 17% POLICE DISCLOSURE REQUESTS 4,500 1,021 (3,479) 23% ASSESSMENT SEARCH 5 - (5) 0% ENGINEERING FEES AND CHARGES 100,000 9,530 (90,470) 10% ELECTION CANDIDATE FILING FEES 1,011 - (1,011) 0% SNO-ISLE 57,236 14,445 (42,791) 25% PASSPORTSAND NATURALIZATION FEES 9,571 2,550 (7,021) 27% POLICE SERVICES SPECIAL EVENTS 26,000 - (26,000) 0% OCDETF OVERTIME - 1,113 1,113 0% CAMPUS SAFETY-EDM. SCH. DIST. 11,615 - (11,615) 0% WOODWAY-LAW PROTECTION 36,000 2,470 (33,530) 7% MISCELLANEOUS POLICE SERVICES 2,750 - (2,750) 0% DUI EMERGENCY FIRE SERVICES 532 202 (330) 38% FIRE DISTRICT #1 STATION BILLINGS 27,808 13,304 (14,504) 48% ADULT PROBATION SERVICE CHARGE 60,000 11,231 (48,769) 19% ELECTRONIC MONITOR DUI 165 - (165) 0% BOOKING FEES 5,711 1,154 (4,557) 20% FIRE CONSTRUCTION INSPECTION FEES 5,577 1,520 (4,057) 27% EMERGENCY SERVICE FEES 23,976 2,753 (21,223) 11% DUI EMERGENCY AID 67 - (67) 0% EMS TRANSPORT USER FEE 814,318 217,549 (596,769) 27% POLICE - FINGERPRINTING 496 35 (461) 7% CRIM CNV FEE DUI 698 133 (565) 19% CRIM CONV FEE CT 4,360 982 (3,378) 23% CRIM CONV FEE CN 1,624 257 (1,367) 16% FIBER SERVICES 36,438 8,220 (28,218) 23% INTERGOVERNMENTAL FIBER SERVICES 7,272 1,800 (5,472) 25% FLEX FUEL PAYMENTS FROM STATIONS 213 394 181 185% ANIMAL CONTROL SHELTER 6,616 1,090 (5,526) 16% ZONING/SUBDIVISION FEE 38,000 16,255 (21,745) 43% PLAN CHECKING FEES 216,457 53,157 (163,300) 25% FIRE PLAN CHECK FEES 2,911 500 (2,411) 17% PLANNING 1% INSPECTION FEE 1,200 - (1,200) 0% S.E.P.A. REVIEW 5,000 1,940 (3,060) 39% CRITICAL AREA STUDY 12,000 3,410 (8,590) 28% DV COORDINATOR SERVICES 10,921 2,768 (8,153) 25% SWIM POOL ENTRANCE FEES 56,000 - (56,000) 0% GYM AND WEIGHTROOM FEES 5,500 1,694 (3,806) 31% LOCKER FEES 300 - (300) 0% SWIM CLASS FEES 32,000 - (32,000) 0% INTERGOVERNMENTAL REVENUE-SSCCFH 69,300 - (69,300) 0% PROGRAM FEES 780,000 176,231 (603,769) 23% TAXABLE RECREATION ACTIVITIES 115,500 43,573 (71,927) 38% SWIM TEAM/DIVE TEAM 31,600 - (31,600) 0% BIRD FEST REGISTRATION FEES 660 - (660) 0% INTERFUND REIMBURSEMENT -CONTRACT SVCS 1,520,248 439,803 (1,080,445) 29% 4,148,225 1,032,176 (3,116,049) 25% 26 Packet Page 46 of 313 Page 3 of 3 Title PROOF OF VEHICLE INS PENALTY TRAFFIC INFRACTION PENALTIES NC TRAFFIC INFRACTION CRT COST FEE CODE LEG ASSESSMENT (LGA) SPEEDING DOUBLE NON -TRAFFIC INFRACTION PENALTIES OTHER INFRACTIONS'04 PARKING INFRACTION PENALTIES PR -HANDICAPPED PARKING INFRACTION LOC PARK/INDDISZONE DWI PENALTIES DUI - DP ACCT OTHER CRIMINAL TRAF MISDEM PEN CRIMINAL TRAFFIC MISDEMEANOR 8/03 CRIMINAL CONVICTION FEE CT OTHER NON-TRAF MISDEMEANOR PEN OTHER NON TRAFFIC MISD. 8/03 COURT DV PENALTY ASSESSMENT CRIMINAL CONVICTION FEE CN CRIMINAL COST S-RECOUPMENT S PUBLIC DEFENSE RECOUPMENT COURT INTERPRETER COSTS BUS. LICENSE PERMIT PENALTY MISC FINES AND PENALTIES MISCELLANEOUS: INVESTMENT INTEREST INTEREST ON COUNTY TAXES INTEREST - COURT COLLECTIONS PARKING SPACE/FACILITIES RENTALS BRACKET ROOM RENTAL LEASES LONG-TERM VENDING MACHINE/CONCESSION OTHER RENTS & USE CHARGES PARKS DONATIONS BIRD FEST CONTRIBUTIONS SALE OF JUNK/SALVAGE SALES OF UNCLAIM PROPERTY CONFISCATED AND FORFEITED PROPERTY POLICE JUDGMENT S✓RESfITUTION CASHIER'S OVERAGES/SHORTAGES OTHER MISC REVENUES SMALL OVERPAYMENT NSF FEES - PARKS & REC NSF FEES - MUNICIPAL COURT NSF FEES - POLICE NSF FEES -DEVELOPMENT SERVICES DEPT TRANSFERS -IN: INSURANCE RECOVERIES INTERFUND TRANSFER -IN INTERFUND TRANSFER - In (From 121) INTERFUND TRANSFER (From 127) TOTAL GENERAL FUND REVENUE CITY OF EDMO NDS REVENUES - GENERAL FUND 2013 Adopted 3/31/2013 Budget Revenues Variance % Received 10,214 1,843 (8,371) 18% 24,000 4,847 (19,153) 20% 213,000 45,390 (167,610) 21% 20,086 3,614 (16,472) 18% 77 - (77) 0% 2,034 - (2,034) 0% 1,002 102 (900) 10% 31,592 9,447 (22,145) 30% 794 - (794) 0% 404 - (404) 0% 3,000 400 (2,600) 13% 9,200 (205) (9,405) -2% 415 429 14 103% 8 - (8) 0% 33,000 5,680 (27,320) 17% - 62 62 0% 539 41 (498) 8% 14,000 (3,183) (17,183) -23% 1,491 442 (1,049) 30% - 29 113,265 20,109 (93,156) 18% 40,000 5,174 (34,826) 13% 292 6 (286) 2% 7,444 955 (6,489) 13% 485 1,510 1,025 311% 526,342 96,691 (429,680) 18% 8,000 140 (7,860) 2% 1,250 304 (946) 24% 5,491 616 (4,875) 11% 8,790 2,370 (6,420) 27% 140,000 14,134 (125,866) 10% 3,040 1,480 (1,560) 49% 143,000 43,185 (99,815) 30% 4,500 694 (3,806) 15% 6,200 - (6,200) 0% 4,300 7,250 2,950 169% 1,400 200 (1,200) 14% 1,486 - (1,486) 0% 1,750 1,553 (197) 89% - 358 358 0% 465 40 (425) 9% 44 1 (43) 2% 3,000 563 (2,437) 19% 66 2 (64) 3% 182 30 (152) 16% 978 189 (789) 19% 91 - (91) 0% - 90 90 0% 334,033 73,197 (260,926) 22% 0% - - - 0% 25,086 - (25,086) 0% 12,297 - (12,297) 0% 37,383 - (37,383) 0% $ 32,858,589 $ 5,680,038 $ (27,177,170) 17% Packet Page 47 of 313 27 This page is intentionally left blank. W:3 Packet Page 48 of 313 Title CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 3/31/2013 Budget Expenditures Variance Page 1 of 6 %Used GENERAL FUND EXPENDITURES (001) SALARIES AND WAGES $ 12,069,872 $ 2,987,023 $ (9,082,849) 25% OVERTIME 415,100 83,936 (331,164) 20% HOLIDAY BUY BACK 193,388 802 (192,586) 0% BENEFITS 4,094,462 1,009,849 (3,084,613) 25% UNIFORMS 61,110 9,405 (51,705) 15% SUPPLIES 374,244 68,922 (305,322) 18% SMALL EQUIPMENT 117,050 24,822 (92,228) 21% PROFESSIONAL SERVICES 1,949,484 314,045 (1,635,440) 16% COMMUNICATIONS 204,660 42,912 (161,748) 21% TRAVEL 36,742 2,122 (34,620) 6% ADVERTISING 40,865 4,307 (36,558) 11% RENTAL/LEASE 834,943 207,480 (627,463) 25% INSURANCE 396,193 397,566 1,373 100% UTILITIES 414,600 113,768 (300,832) 27% REPAIRS& MAINTENANCE 320,547 67,028 (253,519) 21% MISCELLANEOUS 279,880 82,961 (196,919) 30% INTERGOVERNMENTAL SERVICES 8,099,655 3,845,609 (4,254,046) 47% ECA CONTINGENCY RESERVE 190,000 - (190,000) 0% EXCISE TAXES 5,500 760 (4,740) 14% INT ERFUND TRANSFER (009,111,112,116) 1,325,185 255,078 (1,070,107) 19% MACHINERY/EQUIPMENT 85,000 22,735 (62,265) 27% GENERAL OBLIGATION BOND PRINCIPAL 946,595 - (946,595) 0% CAPITAL LEASES AND INSTALLMENT PURCHASES 64,014 - (64,014) 0% OTHER DEBT - 478 478 0% INTEREST ON LONG-TERM EXTERNAL DEBT 185,614 - (185,614) 0% DEBT ISSUE COSTS 5,000 (5,000) 0% INTERFUND SERVICES 201,800 - (201,800) 0% INTERFUND RENTAL 48,000 12,000 (36,000) 25% 32,959,503 9,553,606 (23,405,897) 29% LEOFF-MEDICAL INS. RESERVE(009) BENEFITS $ 435,000 $ 65,174 $ (369,826) 15% IN HOME LTC CLAIMS 176,400 27,531 (148,869) 16% PROFESSIONAL SERVICES 8,000 - (8,000) 0% MISCELLANEOUS - - 0% 619,400 92,705 (526,695) 15% RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS $ 661,000 464,100 (196,900) 70% 661,000 464,100 (196,900) 70% HISTORIC PRESERVATION GIFTFUND (014) SUPPLIES $ 2,000 $ - $ (2,000) 0% PROFESSIONAL SERVICES 2,000 (2,000) 0% ADVERTISING 1,000 - (1,000) 0% MISCELLANEOUS 10,000 800 (9,200) 8% 15,000 800 (14,200) 5% BUILDING MAINTENANCE SUBFUND (016) SUPPLIES $ 10,000 $ - $ (10,000) 0% PROFESSIONAL SERVICES 20,000 - (20,000) 0% REPAIRS& MAINTENANENCE 5,000 493 (4,507) 10% CONSTRUCTION PROJECTS 170,000 - (170,000) 0% 205,000 493 (34,507) 0% DRUG INFO RCEMENTFUND (104) SUPPLIES $ $ - $ - 0% FUEL CONSUMED 2,000 1,136 (864) 57% SMALL EQUIPMENT 5,000 - (5,000) 0% COMMUNICATIONS 2,233 851 (1,382) 38% REPAIR/MAINT 800 - (800) 0% MISCELLANEOUS 20,000 (20,000) 0% INTERGOVTL SVC 50,000 - (50,000) 0% 80,033 $ 1,987 $ (78,046) 2% 29 Packet Page 49 of 313 Page 2 of 6 C TIY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 3/31/2013 Title Budget Expenditures Variance %Used SALARIES AND WAGES $ 447,655 $ 107,186 $ (340,469) 24% OVERTIME 18,400 4,269 (14,131) 23% BENEFITS 197,283 45,802 (151,481) 23% UNIFORMS 6,000 3,400 (2,600) 57% SUPPLIES 240,000 37,089 (202,911) 15% SMALL EQUIPMENT 26,000 - (26,000) 0% PROFESSIONAL SERVICES 32,700 3,984 (28,716) 12% COMMUNICATIONS 3,500 584 (2,916) 17% TRAVEL 1,000 - (1,000) 0% ADVERTISING 350 - (350) 0% RENTAL/LEASE 159,134 39,295 (119,839) 25% INSURANCE 87,204 87,201 (3) 100% UTILITIES 267,750 43,810 (223,940) 16% REPAIRS& MAINTENANCE 25,000 2,313 (22,687) 9% MISCELLANEOUS 8,000 315 (7,685) 4% INTERGOVERNMENTAL SERVICES 4,000 89 (3,911) 2% INTERFUND TRANSFER - - 0% GENERAL OBLIGATION BOND PRINCIPAL 31,665 (31,665) 0% INTEREST ON LONG-TERM EXTERNAL DEBT 2,074 - (2,074) 0% 1,557,715 375,338 (1,182,377) 24% COMBINED S TREET C 0 NS T/IMPRO VE (112) PROFESSIONAL SERVICES $ 1,152,100 $ 69,167 $ (1,082,933) 6% INTERFUND TRANSFER OUT (to 112,117) 378,500 - (378,500) 0% LAND 909,400 - (909,400) 0% CONST SURFACE CONST PROJECTS 3,502,300 75,590 (3,426,710) 2% INTERGOVERNMENTAL LOANS 72,203 - (72,203) 0% INTEREST ON INTERGOVERNMENTAL LOANS 4,481 - (4,481) 0% INTERFUND SERVICES 306,000 34,264 (271,736) 11% 6,324,984 179,022 (6,145,962) 3% MUNIC IPAL ARTS AC Q UIS. FUND (117) SUPPLIES $ 4,200 $ $ (4,200) 0% SMALL EQUIPMENT 1,000 (1,000) 0% PROFESSIONAL SERVICES 116,700 4,373 (112,327) 4% TRAVEL 50 12 (38) 24% ADVERTISING 4,000 1,450 (2,550) 36% RENTAL/LEASE 550 - (550) 0% REPAIRS& MAINTENANCE 300 (300) 0% MISCELLANEOUS 10,000 12 (9,988) 0% INTERFUND TRANSFER 3,000 - (3,000) 0% 139,800 5,847 (133,953) 4% MEMO RIAL S TREET TREE FUND (118) SUPPLIES $ - $ - $ 0% 0% HO TEL/MO TEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES $ 14,500 $ $ (14,500) 0% ADVERTISING 37,500 (37,500) 0% MISCELLANEOUS 2,500 100 (2,400) 4% INTERFUND TRANSFERS (to 117, 132) 14,000 - (14,000) 0% 68,500 S 100 (68,400) 0% EMPLOYEE PARKING PERMIT FUND (121) SUPPLIES $ 1,640 $ - $ (1,640) 0% INTERFUND TRANSFER (to 001) 25,086 (25,086) 0% 26,726 (26,726) 0% YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS $ 4,000 $ 1,018 $ (2,982) 25% 4,000 1,018 (2,982) 25% TOURISMPRO MOTIONALFUND/ARTS (123) PROFESSIONAL SVC $ 10,500 $ 447 $ (10,053) 4% ADVERTISING 4,500 553 (3,948) 12% MISCELLANEOUS 4,000 - (4,000) 0% 19,000 999 (18,001) 5% 30 Packet Page 50 of 313 Title REAL ESTATE EXCISE TAX (125) SUPPLIES PROFESSIONAL SERVICES ADVERTISING UTILITIES REPAIRS& MAINTENANCE INTERFUND TRANSFER (to 132) CONST RUCT ION PROJECTS INTERFUND SERVICES REAL ESTATE EXCISE TAX 1, PARKS ACQ (126) MISCELLANEOUS TRANSFER TO FUND 231 LAND GENERAL OBLIGATION BONDS INTEREST GIFTS CATALOG FUND (127) SUPPLIES PROFESSIONAL SERVICES INTERFUND TRANSFER (to 001) SPECIAL PROJECTS FUND (129) PROFESSIONAL SERVICES CONSTRUCTION PROJECTS INTERFUND SERVICES CEMEITRY MAINTENANCUIMPROVEMENT(130) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES SUPPLIES PURCHASED FOR INVENTORY/RESALE PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE UTILITIES REPAIRS& MAINTENANCE MISCELLANEOUS MACHINERY/EQUIPMENT INTERFUND SERVICES PARKS CONSTRUCTION FUND (132) SUPPLIES PROFESSIONAL SERVICES INTERFUND TRANSFER CONSTRUCTION PROJECTS INTERFUND SERVICES PARKS TRUSTFUND (136) INTERFUND TRANSFER SISTER CITY COMMISSION (138) SUPPLIES STUDENT TRIP MISCELLANEOUS TRANSPORTATION BENEFIT DIS TRIC T (139) PROFESSIONAL SERVICES INSURANCE INTERFUND TRANSFER CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 3/31/2013 Budget Expenditures $ 29,000 $ 19,160 337,000 (2,079) - 148 Variance (9,840) (339,079) Page 3 of 6 % Used 66% -1% - 0% 185,000 (185,000) 0% 635,500 (635,500) 0% 100,000 (100,000) 0% - - 0% 1,286,500 17,230 $ (1,269,418) 1% $ $ $ 0% 438,910 (438,910) 0% 200,000 (200,000) 0% 17,550 (17,550) 0% 12,074 (12,074) 0% 668,534 (668,534) 0% $ 14,020 $ 1,013 $ (13,007) 7% 6,000 6,150 150 103% 12,297 - (12,297) 0% 32,317 7,163 (25,154) 22% $ 31,700 $ $ (31,700) 0% 171,600 (171,600) 0% 19,500 10,045 (9,455) 52% 222,800 10,045 (212,755) 5% 68,605 $ 17,341 $ (51,264) 25% 3,500 124 (3,376) 4% 33,188 7,843 (25,345) 24% 1,000 - (1,000) 0% 7,000 255 (6,745) 4% 20,000 1,867 (18,133) 9% 1,000 - (1,000) 0% 1,412 350 (1,062) 25% 500 - (500) 0% 3,000 108 (2,892) 4% 5,256 1,314 3,800 (3,800) 0% 500 - (500) 0% 4,000 1,019 (2,981) 25% - - 0% - 0% 152,761 $ 30,222 $ (118,597) 20% $ - $ - $ 0% 1,907,500 1,940 (1,905,560) 0% - - 0% 182,700 - (182,700) 0% 3,000 1,114 (1,886) 37% 2,093,200 3,054 (2,090,146) 0% $ $ $ 0% 0°0 $ 500 $ $ (500) 0% 2,600 (2,600) 0% 1,500 63 (1,437) 4% 4,600 S 63 4,537 1% $ $ 1,756 $ 1,756 0% 5,000 5,000 - 100% 640,000 140,299 (499,701) 22% 645,000 147,055 (497,945) 23% Packet Page 51 of 313 31 Page 4 of 6 Title INTERFUND TRANSFER LID GUARANTY FUND (213) INTERFUND TRANSFER 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND INTEREST DEBT ISSUE COSTS WATER FUND (421) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED WATER PURCHASED FOR RESALE SUPPLIES PURCHASED FOR INVENTORY/RESALE SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIRS& MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TAXES INTERFUND TRANSFER (to 117,414) MACHINERY/EQUIPMENT CONST RUCT ION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST DEBT ISSUE COSTS OTHER INTEREST & DEBT SERVICE COSTS INTERFUND SERVICES CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 3/31/2013 Budget Expenditures Variance %Used $ 22,130 $ $ (22,130) 0% $ 22,130 (22,130) 0% $ $ $ 0% 007. $ 825,372 $ $ (825,372) 0% 184,530 (184,530) 0% - 0% 1,009,902 1,009,902) 0% $ 756,455 $ 177,452 $ (579,003) 23% 24,180 3,557 (20,623) 15% 285,866 73,319 (212,547) 26% 6,840 1,844 (4,996) 27% 143,505 11,947 (131,558) 8% - - 0% 1,725,000 190,276 (1,534,724) 11% 140,000 23,819 (116,181) 17% 10,400 105 (10,295) 1% 173,136 22,983 (150,153) 13% 30,280 8,471 (21,809) 28% 3,400 - (3,400) 0% 560 - (560) 0% 91,205 23,107 (68,098) 25% 67,699 67,607 (92) 100% 28,000 8,193 (19,807) 29% 24,160 363 (23,797) 2% 307,630 80,040 (227,590) 26% 30,000 10,079 (19,921) 34% 904,893 217,707 (687,186) 24% 927,500 - (927,500) 0% 85,000 (85,000) 0% 2,532,580 (2,532,580) 0% 2,025 (2,025) 0% 209,471 (209,471) 0% 45,839 (45,839) 0% 280,306 (280,306) 0% 16,553 - (16,553) 0% - 175 175 0% 349,368 115,756 (233,612) 33% 9,201,851 1,036,799 (8,165,052) 11% Packet Page 52 of 313 32 Page 5 of 6 Title S TO RM FUND (422) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UT ILIT ES REPAIR & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TAXESAND OPERATING ASSESSMENT INTERFUND TRANSFER (to 112, 117) CONSTRUCTION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST OTHER INTEREST & DEBT SERVICE COSTS INTERFUND PROFESSIONAL SERVICES SEWER FUND (423) SALARIES AND WAGES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED SUPPLIES PURCHASED FOR INV OR RESALE SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE INSURANCE UTILITIES REPAIR & MAINTENANCE MISCELLANEOUS INTERGOVERNMENTAL SERVICES INTERFUND TAXESAND OPERATING ASSESSMENT INTERFUND TRANSFERS (to 414, 423) MACHINERY/EQUIPMENT CONSTRUCTION PROJECTS GENERAL OBLIGATION BONDS REVENUE BONDS INTERGOVERNMENTAL LOANS INTEREST DEBT ISSUE COSTS OTHER INTEREST & DEBT SERVICE COSTS INTERFUND PROFESSIONAL SERVICES CITY OF EDMO NDS EXPENDPTURES BY FUND - DETAIL 2013 Adopted 3/31/2013 Budget Expenditures Variance %Used $ 568,591 $ 137,385 $ (431,206) 24% 6,000 2,789 (3,211) 46% 232,141 55,785 (176,356) 24% 6,540 3,813 (2,727) 58% 50,000 2,808 (47,192) 6% 4,400 - (4,400) 0% 599,190 172,032 (427,158) 29% 3,480 301 (3,179) 9% 4,300 - (4,300) 0% 500 - (500) 0% 217,412 53,280 (164,132) 25% 8,418 8,407 (11) 100% 10,000 2,651 (7,349) 27% 11,860 - (11,860) 0% 106,100 25,508 (80,592) 24% 45,000 16,682 (28,318) 37% 291,600 85,709 (205,891) 29% 237,766 - (237,766) 0% 1,458,400 (1,458,400) 0% 101,469 (101,469) 0% 82,906 (82,906) 0% 32,063 (32,063) 0% 187,245 - (187,245) 0% - 83 83 0% 300,391 146,304 (154,087) 49% 4,565,772 713,535 3,852,237 16% $ 1,653,859 $ 391,476 $ (1,262,383) 24% 73,000 32,190 (40,810) 44% 677,979 158,866 (519,113) 23% 11,190 5,843 (5,347) 52% 482,505 59,784 (422,721) 12% 90,000 51,046 (38,954) 57% 3,000 - (3,000) 0% 16,400 1,880 (14,520) 11% 1,024,236 368,273 (655,963) 36% 40,280 9,018 (31,262) 22% 7,400 - (7,400) 0% 2,500 - (2,500) 0% 133,736 33,024 (100,712) 25% 157,117 156,092 (1,025) 99% 931,200 198,978 (732,222) 21% 90,000 14,886 (75,114) 17% 211,100 52,282 (158,818) 25% 290,000 42,648 (247,352) 15% 470,000 120,749 (349,251) 26% 1,125,280 - (1,125,280) 0% 141,000 - (141,000) 0% 7,924,700 435,339 (7,489,361) 5% 195,602 - (195,602) 0% 222,625 (222,625) 0% 138,939 (138,939) 0% 125,421 (125,421) 0% 16,551 - (16,551) 0% - 41 41 0% 574,489 132,558 (441,931) 23% - 16,830,109 S 2,264,973 (14,565,136) 13% Packet Page 53 of 313 33 Title CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL 2013 Adopted 3/31/2013 Budget Expenditures Variance Page 6 of 6 %Used EQUIPMENTRENTAL FUND (511) SALARIES AND WAGES $ 228,064 $ 34,458 $ (193,606) 15% OVERTIME 1,000 886 (114) 89% BENEFITS 100,397 16,716 (83,681) 17% UNIFORMS 1,000 293 (707) 29% SUPPLIES 76,000 11,202 (64,798) 15% FUEL CONSUMED 1,000 - (1,000) 0% SUPPLIES PURCHASED FOR INVENTORY/RESALE 321,800 45,509 (276,291) 14% SMALL EQUIPMENT 8,000 543 (7,457) 7% PROFESSIONAL SERVICES 1,000 569 (431) 57% COMMUNICATIONS 3,000 314 (2,686) 10% RENTAL/LEASE 9,996 2,256 (7,740) 23% INSURANCE 34,083 32,700 (1,383) 96% UTILITIES 14,000 3,926 (10,074) 28% REPAIRS& MAINTENANCE 60,000 16,093 (43,907) 27% MISCELLANEOUS 6,000 1,602 (4,398) 27% INTERGOVERNMENTAL SERVICES 2,500 119 (2,381) 5% MACHINERY/EQUIPMENT 217,532 46,927 (170,605) 22% INTERFUND SERVICES 10,000 - (10,000) 0% - 1,095,372 S 214,113 (881,259) 20% FIREMEN'S PENSION FUND (617) BENEFITS $ 63,000 $ 10,323 $ (52,677) 16% PENSION AND DISABILITY PAYMENTS 43,790 28,418 (15,372) 65% PROF SERVICES 2,000 - (2,000) 0% 108,790 38,741 (70,049) 36% TO TAL EXPENDITURE ALL FUNDS 80,620,299 15,159,010 (65,273,296) 19% 34 Packet Page 54 of 313 Title CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK ADMINISTRATIVE SERVICES CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICES DEVELOPMENT SERVICES PARKS & RECREATION PUBLIC WORKS FACILITIES MAINTENANCE Title WATER UTILITY FUND STORM UTILITY FUND SEWER/WWTP UTILITY FUND CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY 2013 Adopted Budget 273,623 $ 238,374 287,190 729,506 586,831 1,492,018 499,200 11,467,569 8,931,185 373,314 1,619,042 3,398,517 1,718,975 1,344,159 32.959.503 $ 3/31/2013 penditures 61,389 $ 59,435 59,024 172,514 132,277 390,531 110,418 4,520,241 2,104,655 82,365 425,124 687,221 428,001 320.411 Variance (212,234) (178,939) (228,166) (556,992) (454,554) (1,101,487) (388,782) (6,947,328) (6,826,530) (290,949) (1,193,918) (2,711,296) (1,290,974) CITY OF EDMONDS EXPENDITURES - UTILITY- BY FUND IN S UMMARY 2013 Adopted Budget $ 9,201,851 $ 4,565,772 16,830,109 $ 30,597,732 $ 3/31/2013 penditures 1,036,799 $ 713,535 2,264,973 4,015,308 $ Variance (8,165,052) (3,852,237) (14,565,136) (26,582,424) % Used % Used 22% 25% 21% 24% 23% 26% 22% 39% 24% 22% 26% 20% 25% 24% 29% Packet Page 55 of 313 35 This page is intentionally left blank. 36 Packet Page 56 of 313 Page 1 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2013 Adopted 3/31/2013 Title Budget Expenditures Variance %Used CITY COUNCIL SALARIES $ 114,618 $ 29,568 $ (85,050) 26% OVERTIME 2,000 155 (1,845) 8% BENEFIT S 68,165 17,363 (50,802) 25% SUPPLIES 1,000 88 (912) 9% PROFESSIONAL SVC 53,082 13,259 (39,823) 25% COMMUNICATIONS 3,000 520 (2,480) 17% TRAVEL 2,500 323 (2,177) 13% RENTAL/LEASE 490 113 (377) 23% REPAIRS✓MAINT 1,500 - (1,500) 0% MISCELLANEOUS 27,268 - (27,268) 0% 273,623 11,389 (212,234) 22% OFFICEOFMAYOR SALARIES $ 183,722 $ 46,497 $ (137,225) 25% OVERTIME - - - 0% BENEFITS 41,852 10,446 (31,406) 25% SUPPLIES 2,000 720 (1,280) 36% PROFESSIONAL SVC 1,500 605 (895) 40% COMMUNICATION 1,400 170 (1,230) 12% TRAVEL 2,000 271 (1,729) 14% RENTAL/LEASE 2,400 553 (1,847) 23% REPAIR/MAINT 500 - (500) 0% MISCELLANEOUS 3,000 173 (2,827) 6% 238,374 S 59,435 (178,939) 250o HUMAN RES O URC ES SALARIES $ 169,000 S 39,143 $ (129,857) 23% OVERTIME - - - 0% BENEFITS 6L680 11,943 (49,737) 19% SUPPLIES 2,000 1,012 (988) 51% SMALL EQUIPMENT 100 - (100) 0% PROFESSIONAL SVC 32,000 5,309 (26,691) 17% COMMUNICATIONS 500 80 (420) 16% TRAVEL 500 - (500) 0% ADVERTISING 5,000 911 (4,089) 18% RENTAL/LEASE 2,000 554 (1,446) 28 % REPAIR/MAINT 6,000 - (6,000) 0% MISCELLANEOUS 8 410 72 (8,338) 1% 287,190 59,024 (228,166) 21 % MUNIC IPAL C O URT SALARIES $ 464,471 $ 111,746 $ (352,725) 24% OVERTIME 100 - (100) 0% BENEFITS 168,526 36,987 (131,539) 22% SUPPLIES 9,159 2,518 (6,641) 27% SMALL EQUIPMENT 2,000 690 (1,310) 34% PROFESSIONAL SERVICES 60,500 16,393 (44,107) 27% COMMUNICATIONS 2,600 411 (2,189) 16% TRAVEL 1,250 559 (691) 45% RENTAL/LEASE 650 228 (422) 35% REPAIR/MAINT 1,000 286 (714) 29% MISCELLANEOUS 19,250 2,697 (16,553) 14% 729,506 172,514 (556,992) 24% 37 Packet Page 57 of 313 Page 2 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2013 Adopted 3/31/2013 Title Budget Expenditures Variance %Used CITY C LERK SALARIES AND WAGES $ 305,572 $ 75,702 $ (229,870) 25% BENEFITS 92,771 23,010 (69,761) 25% SUPPLIES 13,760 2,014 (11,746) 15% PROFESSIONAL SERVICES 84,751 6,314 (78,437) 7% COMMUNICATIONS 50,000 17,899 (32,101) 3 6% TRAVEL 250 - (250) 0% ADVERTISING 3,690 1,860 (1,830) 50% RENTAL/LEASE 25,000 4,011 (20,989) 16% REPAIRS & MAINTENANCE 8,037 350 (7,687) 4% MISCELLANEOUS 3,000 1,116 (1,884) 37% 586,831 S 132,277 454,554 23% ADMINISTRATIVE SERVICES SALARIES $ 682,370 $ 178,204 $ (504,166) 26% OVERTIME 4,000 2,297 (1,703) 57% BENEFITS 220,100 53,085 (167,015) 24% SUPPLIES 35,700 8,260 (27,440) 23% SMALL EQUIPMENT 87,500 21,367 (66,133) 24% PROFESSIONAL SERVICES 126,350 50,842 (75,508) 40% COMMUNICATIONS 58,960 12,347 (46,613) 21 % TRAVEL 3,300 - (3,300) 0% RENTAL/LEASE 8,988 2,336 (6,652) 26% REPAIR/MAINT 171,750 30,367 (141,383) 18% MISCELLANEOUS 8,000 8,692 692 109% MACHINERY/EQUIPMENT 85,000 22,735 (62,265) 27% 1,492,018 390,531 (1,101,487) 26% CITY ATTORNEY PROFESSIONAL SVC $ 499,200 $ 110,418 $ (388,782) 22% MISC PROSECUTOR - - - 0% 499,200 110,418 (388,782) 22% NON -DEPARTMENTAL SALARIES $ 136,000 S - $ (136,000) 0% BENEFITS - UNEMPLOYMENT 40,000 2,931 (37,069) 7% PROFESSIONAL SVC 380,000 47,131 (332,869) 12% COMMUNICATIONS - - - 0% RENTAL/LEASE 3,600 3,600 - 100% INSURANCE 396,193 397,566 1,373 100% MISCELLANEOUS 55,156 40,065 (15,091) 73% INTERGOVT SVC 7,532,912 3,772,632 (3,760,280) 50% ECA LOAN PAYMENT 190,000 - (190,000) 0% EXCISE TAXES 5,500 760 (4,740) 14% INTERFUND TRANSFERS 1,325,185 255,078 (1,070,107) 19% GENERAL OBLIGATION BOND 946,595 - (946,595) 0% INSTALLMENT PURCHASES 64,014 - (64,014) 0% OTHER DEBT - - - 0% INTEREST ON LONG-TERM DEBT 185,614 - (185,614) 0% DEBT ISSUANCE COSTS 5,000 - (5,000) 0% FISCAL AGENT FEES - 478 478 0% INTERFUND SERVICES 201,800 - (201,800) 0% 11,467,569 4,520,241 (6,947,328) 39% 38 Packet Page 58 of 313 Page 3 of 4 C ITY O F IDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title SALARIES OVERTIME HOLIDAY BUYBACK BENEFIT S UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS INTERGOVTL SVC INT ERFUND RENTAL COMMUNITY SERVICES ADMIN SALARIES BENEFIT S SUPPLIES SMALL EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS DEVELO PMENT S ERVIC ES /PLANNING SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIRS & MAINTENANCE MISCELLANEOUS ENGINEERING SALARIES OVERTIME BENEFIT S UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENT AL/LEASE REPAIR/MAINT MISCELLANEOUS 2013 Adopted 3/31/2013 Budget Expenditures Variance %Used $ 5,169,010 $ 1,298,875 $ (3,870,135) 25% 400,000 78,772 (321,228) 20% 193,388 802 (192,586) 0% 1,728,703 446,277 (1,282,426) 26% 52,410 8,217 (44,193) 16% 94,100 24,735 (69,365) 26% 14,300 2,036 (12,264) 14% 95,200 11,869 (83,331) 12% 33,592 4,184 (29,408) 12% 16,300 935 (15,365) 6% 375 36 (339) 10% 538,344 133,567 (404,777) 25% 16,115 1,124 (14,991) 7% 35,300 8,247 (27,053) 23% 496,048 72,977 (423,071) 15% 48,000 12,000 (36,000) 25% 8,931,185 2,104,655 (6,826,530) 24% $ 213,304 $ 53,471 $ (159,833) 25% 62,052 15,612 (46,440) 25% 1,500 204 (1,296) 14% 800 - (800) 0% 60,804 11,040 (49,764) 18% 1,490 344 (1,146) 23% 2,000 - (2,000) 0% 24,500 - (24,500) 0% 2364 644 (1,720) 27% 500 - (500) 0% 4,000 1,050 (2,950) 26% 373,314 82,365 (290,949) 22% $ 1,032,549 $ 304,320 $ (728,229) 29% 1,300 25 (1,275) 2% 358,465 99,343 (259,122) 28% - - - 0% 13,000 1,658 (11,342) 13% 1,100 - (1,100) 0% 145,600 4,820 (140,780) 3% 4,000 853 (3,147) 21 % 1,600 12 (1,588) 1% 3,000 837 (2,163) 28% 32,828 8,084 (24,744) 25% 500 - (500) 0% 25,100 5,172 (19,928) 21% 1,619,042 425,124 1,193,918 26% $ 1,007,140 $ 249,382 $ (757,758) 25% 5,000 947 (4,053) 19% 342,150 89,699 (252,451) 26% 360 - (360) 0% - - - 0% 2,000 403 (1,597) 20% 5,000 - (5,000) 0% 6,700 1,072 (5,628) 16% 600 10 (590) 2% - 264 264 0% 13,408 3,351 (10,057) 25% 1,800 - (1,800) 0% 10,300 2,629 (7,671) 26% 1,394,458 347,757 (1,046,701) 25% Packet Page 59 of 313 39 Page 4 of 4 CITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Title PARKS & REC REATIO N SALARIES OVERTIME BENEFITS UNIFORMS SUPPLIES MINOR EQUIPMENT PROFESSIONAL SVC COMMUNICATIONS TRAVEL ADVERTISING RENTAL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS INTERGOVTLSVC PUBLIC WORKS SALARIES OVERTIME BENEFITS SUPPLIES PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS FACILITIES MAINTENANCE SALARIES OVERTIME BENEFITS UNIFORMS SUPPLIES FUEL CONSUMED MINOR EQUIPMENT COMMUNICATIONS RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINT MISCELLANEOUS TOTAL GENERAL FUND EXPENDITURES 2013 Adopted 3/31/2013 Budget Expenditures Variance %Used $ 1,745,631 $ 383,303 $ (1,362,328) 22% - 1,717 1,717 0% 584,326 134,161 (450,165) 23% 5,340 823 (4,517) 15% 131,925 19,372 (112,553) 15% 3,250 - (3,250) 0% 405,297 36,034 (369,263) 9% 28,218 1,537 (26,681) 5% 5,942 12 (5,930) 0% 4,300 398 (3,902) 9% 149,152 38,209 (110,943) 26% 135,000 36,817 (98,183) 27% 51,845 22,517 (29,328) 43% 77,596 12,320 (65,276) 16% 70,695 - (70,695) 0% 3,398,517 687,22 (2,711,296) 20% $ 225,381 $ 60,063 $ (165,318) 27% 200 - (200) 0% 76,157 16,345 (59,812) 21% 5,100 1,778 (3,322) 35% 200 9 (191) 5% 1,200 355 (845) 30% 500 - (500) 0% 10,779 996 (9,783) 9% 2,600 698 (1,902) 27% 1,000 - (1,000) 0% 1,400 - (1,400) 0% 324,517 80,244 (244,273) 25% $ 621,104 $ 156,749 $ (464,355) 25% 2,500 23 (2,477) 1 % 249,515 52,647 (196,868) 21% 3,000 364 (2,636) 12% 65,000 6,563 (58,437) 10% - - 0% 6,000 326 (5,674) 5% 13,000 3,139 (9,861) 24% 44,940 11,235 (33,705) 25% 277,000 76,253 (200,747) 28% 60,000 12,384 (47,616) 21% 2,100 728 (1,372) 35% 1,344,159 320,411 1,023,748 24% 32,959,503 9,553,606 (23,405,897) 29% Packet Page 60 of 313 e AM-5738 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted For: Mike De Lilla Department: Engineering Committee: Finance Submitted By: Megan Luttrell Tyne: Information Subject Title Discussion regarding issuance of 2013 water, sewer, and stormwater utility bonds. Recommendation Information only. Previous Council Action None. Information 7. C. Narrative Phil Williams and Scott Bauer of Dashen & Associates will discuss estimated bond amounts and possible approaches to issuance of new bonds needed to support capital programs in the Water, Sewer, and Storm utility construction funds. Form Review Inbox Reviewed By Date Public Works Phil Williams 05/08/2013 04:01 PM City Clerk Linda Hynd 05/08/2013 04:14 PM Mayor Dave Earling 05/08/2013 05:01 PM Finalize for Agenda Sandy Chase 05/09/2013 10:08 AM Form Started By: Megan Luttrell Started On: 05/08/2013 09:43 AM Final Approval Date: 05/09/2013 Packet Page 61 of 313 AM-5750 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 10 Minutes Submitted For: Ronald Cone Department: Finance Committee: Finance Subject Title Alternative chart format for monthly report. Recommendation N.A. For informational purposes only. Previous Council Action N.A. Submitted By: Sarah Mager Tyne: Information Information 7. D. Narrative Council is asked to review the alternative chart format for the monthly report, and decide whether to leave the report as is, or modify to the presented alternative chart format. Any suggestions are welcome. Attachments Alternative chart format for monthly report Form Review Inbox Reviewed By Finance Ronald Cone City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Sarah Mager Final Approval Date: 05/10/2013 Date 05/10/2013 08:20 AM 05/10/2013 08:22 AM 05/10/2013 08:51 AM 05/10/2013 09:06 AM Started On: 05/10/2013 08:10 AM Packet Page 62 of 313 City Council City of Edmonds, WA Monthly Expenditure Report -City Council 2013 Current Report Presentation Plus Prior Year Actuals Cumulative Monthly YTD 2012 Variance Budget Forecast Budget Forecast Actuals Actuals % January $ 20,374 $ 20,374 $ 15,899 $ 18,170 February 43,014 22,641 22,546 22,239 March 66,053 23,038 April 85,839 19,787 May 105,708 19,869 June 127,575 21,866 July 152,874 25,299 August 175,926 23,052 September 194,771 18,845 October 221,092 26,321 November 242,345 21,253 December 273,623 31,278 Total 273,623 38,445 40,409 *The variance of -10.62% listed above, is a year End Projected Variance. -21.96% -10.62% City Council 300000 250000 200000 150000 100000 50000 0 1818957.1Nlonthly MAR APR MAY TUN JUL AUG SEP OCT NOV DEC --6--Actuals/Trend -Budget (R) Finance Committee>2012>Monthly>Monthly-Publisher>Council Report Formats Packet Page 63 of 313 AM-5741 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 15 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Finance Type: Action Information Subject Title Park Levy Exploratory Committee Recommendation Recommendation Council committee consider resolution and forward to full Council for discussion and adoption Previous Council Action 7. E. City Council received a presentation on the formation of a Metropolitan Park District on March 27, 2012. The Council requested the Finance committee to work with staff to formulate a plan to explore a MPD. The Finance Committee met on April 10th, and decided to appoint Council member Frank Yamamoto and Council member Diane Buckshnis in a lead role to engage the community to explore this option for Edmonds. Council received a report and recommendation from the MPD Exploratory Committee on July 17, 2012, and decided to request the Exploratory Committee to continue its work, but not to put it on a ballot in 2012. Council received a report and discussed this committee's work at the Council retreat in Februrary 2013. Council member Yamamoto committed to reconvene the Exploratory Committee, discuss the merits of forming and MPD or exploring a Park Levy, and bring a recommendation back to Council. Narrative Council member Frank Yamamoto and Council member Diane Buckshnis recruited 40 people to serve on an MPD exploratory committee and formalize a recommendation for City Council prior to the August ballot deadline. The MPD Exploratory committee met in May and June to research, ask questions, talk to other people in the community in order to measure the merits of the formation of a MPD for Edmonds. In addition to the committee, Council members Yamamoto and Buckshnis, and city staff Hite and Hunstock delivered several community presentations, and sent information to the media about the MPD. Upon careful consideration, the MPD committee recommended to the City Council that they consider placing the MPD on a future ballot, for an Edmonds only service area, and governed by the City Council. The committee also recommended that they continue to explore this and other options, and come back to Council with a recommendation on the timing and level of a ballot measure. The committee thought it was too soon to put it on the November ballot. Council member Yamamoto, lead for the MPD Exploratory Committee, in consultation with staff, discussed this at the Council retreat in February 2013. The Council charged Council member Yamamoto and staff to continue exploring the merits of forming a Metropolitan Park District or a Park Levy with the Exploratory Committee. The committee reconvened and discussed many options. The consensus of the committee was that although the MPD is appealing, and makes sense for Edmonds, they did not think there was enough tolerance in the community to vote in an MPD at this time. The committee also considered the priorities in the strategic plan, and had several discussions about the need to prioritize street overlays. Since the strategic plan demonstrated a high priority for both streets and parks, the committee wanted to ensure there were funds for both. Packet Page 64 of 313 The committee is recommending a $2 million, 3 year Park Levy Lid Lift, to be voted in November 2013. They are also recommending that any unburdened funds that are a result of the Park Levy be dedicated to street overlays. They are also interested in having the Exploratory Committee continue its work toward an eventual goal of establishing a Metropolitan Park District. Two representatives from the Park Exploratory Committee will be present at Council to introduce the recommendation, the resulting resolution, and the Parks funding options. Attachments Park Levyoptions Park Levy Resolution Form Review Inbox Reviewed By Date City Clerk Linda Hynd 05/08/2013 01:06 PM Mayor Linda Hynd 05/08/2013 03:41 PM Parks and Recreation Carrie Hite 05/09/2013 02:55 PM City Clerk Sandy Chase 05/09/2013 03:43 PM Mayor Dave Earling 05/09/2013 03:52 PM Finalize for Agenda Sandy Chase 05/09/2013 04:09 PM Form Started By: Carrie Hite Started On: 05/08/2013 12:23 PM Final Approval Date: 05/09/2013 Packet Page 65 of 313 Park Levy Options 2013 FUNDS Levy REET 2 Impact GF Impact Notes Restore 2012 cuts $ 80,000 These would be restored, so would 2013 cuts $165,000 not create a savings in the general fund Retain Flower Program $150,000 $150,000 Yost Pool, Ops $85,000 $85,000 Yost Pool, Capital $120,000 $120,000 This is a new subsidy Cemetery $35,000 This is a new subsidy Beach Rangers $62,000 $62,000 Seasonal Labor $35,000 $35,000 Maintenance and ops $218,000 $218,000 Capital $750,000 $750,000 This will save $ in REET 2 Enhance Deferred Maintenance: Restroom Improvements $40,000 Play structure upgrades $100,000 Pathways/trails upgrades $45,000 Citywide turf upgrades and drainage $60,000 Tree maintenance/pruning $15,000 Tennis Courts/bball crt upgrades $25,000 Park entrances/signs $15,000 Total $300,000 Total $2,000,000 $750,000 $550,000 1.31VI could be used for gf balancing and street overlays Packet Page 66 of 313 Park Levy Options 2013 Packet Page 67 of 313 RESOLUTION NO. A Resolution of the City of Edmonds, Washington, regarding submission of a Park Levy ballot proposition for the general election of 2013. WHEREAS, in April 2012, the City Council called for action to form a Metropolitan Park District Exploratory Committee, and appointed two Council members to lead this committee; and WHEREAS, the City Council received a recommendation from this committee in July 2012, and requested this committee continue exploring Park revenue options for the City; and WHEREAS, this committee has met several times and has decided to forward a recommendation to City Council in the form of a Resolution; and WHEREAS, the City recently adopted a strategic plan, which included a wide range of community input, and demonstrated strong citizen support and priority for Parks and Recreation services; and WHEREAS, this strategic plan also demonstrated a high priority to create a mechanism to fund street maintenance and overlays; and WHEREAS, this committee recommends the City Council adopt the following resolution; NOW, THEREFORE, THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council intends to adopt an ordinance to submit a Park Levy Lid Lift ballot proposition not later than August 6, 2013, for submission to the voters in the November, 2013 general election; Section 2. The Park Levy Lid Lift ballot proposition is intended to raise $2,000,OOOper year for three years commencing in 2014 and ending December 31, 2017. The ballot proposition will require that the Levy funds be used for restoring, retaining, and providing for capital expenditures for the City of Edmonds Parks, to be more fully defined before the Park Levy Lid Lift ordinance is adopted; Section 3. If the Levy Lid Lift is passed by voters, the City Council will revise the REET 2 policy to dedicate all revenue generated by REET 2 to street overlays during the three years covered by the Parks Levy Lid Lift. Section 4. If the Levy Lid Lift is passed by voters, the City Council will dedicate any unburdened amount of the general fund, as a result of this levy, to street overlays during the three years covered by the Parks Levy Lid Lift; Section S. If the Levy Lid Lift is passed by voters, the Metropolitan Park District Exploratory Committee will continue to investigate and explore the establishment of a Metropolitan Park District and provide its recommendation to the City Council prior to the 2017 expiration of the Parks Levy Lid Lift. RESOLVED THIS DAY OF , 2013. Packet Page 68 of 313 AM-5751 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 15 Minutes Submitted For: Carrie Hite, Parks & Recreation Director Submitted By: Sandy Chase Department: City Clerk's Office Committee: Parks, Planning, Public Works Tyne: Action Information Subject Title Park Levy Exploration Committee Recommendation Recommendation Council committee consider resolution and forward to full Council for discussion and adoption. Previous Council Action 8. A. City Council received a presentation on the formation of a Metropolitan Park District on March 27, 2012. The Council requested the Finance committee to work with staff to formulate a plan to explore a MPD. The Finance Committee met on April 10th, and decided to appoint Council member Frank Yamamoto and Council member Diane Buckshnis in a lead role to engage the community to explore this option for Edmonds. Council received a report and recommendation from the MPD Exploratory Committee on July 17, 2012, and decided to request the Exploratory Committee to continue its work, but not to put it on a ballot in 2012. Council received a report and discussed this committee's work at the Council retreat in Februrary 2013. Council member Yamamoto committed to reconvene the Exploratory Committee, discuss the merits of forming and MPD or exploring a Park Levy, and bring a recommendation back to Council. Narrative Council member Frank Yamamoto and Council member Diane Buckshnis recruited 40 people to serve on an MPD exploratory committee and formalize a recommendation for City Council prior to the August ballot deadline. The MPD Exploratory committee met in May and June to research, ask questions, talk to other people in the community in order to measure the merits of the formation of a MPD for Edmonds. In addition to the committee, Council members Yamamoto and Buckshnis, and city staff Hite and Hunstock delivered several community presentations, and sent information to the media about the MPD. Upon careful consideration, the MPD committee recommended to the City Council that they consider placing the MPD on a future ballot, for an Edmonds only service area, and governed by the City Council. The committee also recommended that they continue to explore this and other options, and come back to Council with a recommendation on the timing and level of a ballot measure. The committee thought it was too soon to put it on the November ballot. Council member Yamamoto, lead for the MPD Exploratory Committee, in consultation with staff, discussed this at the Council retreat in February 2013. The Council charged Council member Yamamoto and staff to continue exploring the merits of forming a Metropolitan Park District or a Park Levy with the Exploratory Committee. The committee reconvened and discussed many options. The consensus of the committee was that although the MPD is appealing, and makes sense for Edmonds, they did not think there was enough tolerance in the community to vote in an MPD at this time. The committee also considered the priorities in the strategic plan, and had several discussions about the need to prioritize street overlays. Since the strategic plan demonstrated a high priority for both streets and parks, the committee wanted to ensure there were funds for both. Packet Page 69 of 313 The committee is recommending a $2 million, 3 year Park Levy Lid Lift, to be voted in November 2013. They are also recommending that any unburdened funds that are a result of the Park Levy be dedicated to street overlays. They are also interested in having the Exploratory Committee continue its work toward an eventual goal of establishing a Metropolitan Park District. Two representatives from the Park Exploratory Committee will be present at Council to introduce the recommendation, the resulting resolution, and the Parks funding options. Park Levy 012tions Park Levy Resolution Inbox Mayor Finalize for Agenda Form Started By: Sandy Chase Final Approval Date: 05/10/2013 Reviewed By Dave Earling Sandy Chase Attachments Form Review Date 05/10/2013 09:26 AM 05/10/2013 09:41 AM Started On: 05/10/2013 08:51 AM Packet Page 70 of 313 Park Levy Options 2013 FUNDS Levy REET 2 Impact GF Impact Notes Restore 2012 cuts $ 80,000 These would be restored, so would 2013 cuts $165,000 not create a savings in the general fund Retain Flower Program $150,000 $150,000 Yost Pool, Ops $85,000 $85,000 Yost Pool, Capital $120,000 $120,000 This is a new subsidy Cemetery $35,000 This is a new subsidy Beach Rangers $62,000 $62,000 Seasonal Labor $35,000 $35,000 Maintenance and ops $218,000 $218,000 Capital $750,000 $750,000 This will save $ in REET 2 Enhance Deferred Maintenance: Restroom Improvements $40,000 Play structure upgrades $100,000 Pathways/trails upgrades $45,000 Citywide turf upgrades and drainage $60,000 Tree maintenance/pruning $15,000 Tennis Courts/bball crt upgrades $25,000 Park entrances/signs $15,000 Total $300,000 Total $2,000,000 $750,000 $550,000 1.31VI could be used for gf balancing and street overlays Packet Page 71 of 313 Park Levy Options 2013 Packet Page 72 of 313 RESOLUTION NO. A Resolution of the City of Edmonds, Washington, regarding submission of a Park Levy ballot proposition for the general election of 2013. WHEREAS, in April 2012, the City Council called for action to form a Metropolitan Park District Exploratory Committee, and appointed two Council members to lead this committee; and WHEREAS, the City Council received a recommendation from this committee in July 2012, and requested this committee continue exploring Park revenue options for the City; and WHEREAS, this committee has met several times and has decided to forward a recommendation to City Council in the form of a Resolution; and WHEREAS, the City recently adopted a strategic plan, which included a wide range of community input, and demonstrated strong citizen support and priority for Parks and Recreation services; and WHEREAS, this strategic plan also demonstrated a high priority to create a mechanism to fund street maintenance and overlays; and WHEREAS, this committee recommends the City Council adopt the following resolution; NOW, THEREFORE, THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council intends to adopt an ordinance to submit a Park Levy Lid Lift ballot proposition not later than August 6, 2013, for submission to the voters in the November, 2013 general election; Section 2. The Park Levy Lid Lift ballot proposition is intended to raise $2,000,OOOper year for three years commencing in 2014 and ending December 31, 2017. The ballot proposition will require that the Levy funds be used for restoring, retaining, and providing for capital expenditures for the City of Edmonds Parks, to be more fully defined before the Park Levy Lid Lift ordinance is adopted; Section 3. If the Levy Lid Lift is passed by voters, the City Council will revise the REET 2 policy to dedicate all revenue generated by REET 2 to street overlays during the three years covered by the Parks Levy Lid Lift. Section 4. If the Levy Lid Lift is passed by voters, the City Council will dedicate any unburdened amount of the general fund, as a result of this levy, to street overlays during the three years covered by the Parks Levy Lid Lift; Section S. If the Levy Lid Lift is passed by voters, the Metropolitan Park District Exploratory Committee will continue to investigate and explore the establishment of a Metropolitan Park District and provide its recommendation to the City Council prior to the 2017 expiration of the Parks Levy Lid Lift. RESOLVED THIS DAY OF , 2013. Packet Page 73 of 313 AM-5739 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Parks, Planning, Public Works Tyne: Information Subject Title Authorize Mayor to sign contract with MIG for development of the PROS plan Recommendation Council committee forward to full Council on consent. Action Previous Council Action Council authorized the update of the Parks, Recreation, and Open Space Plan in the budget process. Council also authorized the RFQ for the PROS plan on February 19, 2013. Narrative The Parks Department published and distributed the RFQ for the PROS plan. A selection committee, comprised of two City Council members, a Planning/Parks Board member, Arts Commission member, Economic Development Commission member, School Board member, avid park user, and several staff rated the submittals, shortlisted the submittals for interviews, and interviewed three firms. The selection committee presented both strengths and challenges for each firm, and came up with a 1/2/3 rating during the process. Staff followed up with reference checks and questions to the top firm to answer some of the challenges that were discussed as part of the selection process. The firm being selected is MIG, who has also contracted with AdvisArts to assist with the Community Cultural Plan. PSA MIG PROS Plan PROS Scope of Work PROS budget schedule Inbox Reviewed By City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Carrie Hite Final Approval Date: 05/08/2013 Attachments Form Review Date 05/08/2013 12:28 PM 05/08/2013 03:04 PM 05/08/2013 03:58 PM Started On: 05/08/2013 11:49 AM Packet Page 74 of 313 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and MIG, hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to complete the Parks, Recreation, and Open Space Plan and Commundy Cultural Plan; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on lump sum basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of $125,000.00 ( One hundred twenty five thousand dollars ). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the Parks Director three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: 1 Packet Page 75 of 313 A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Hold harmless agreement. The Consultant shall indemnify and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the Consultant's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based solely upon the conduct of the City, its agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees, and (b) the City, its agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the City of defending such claims and suits shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Page 76 of 313 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. During pendency of this agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. Packet Page 77 of 313 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Packet Page 78 of 313 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & 0) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds Parks, Recreation, and Cultural Services 700 Main Street Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: MIG 815 SW 2nd Avenue, Suite 200 Portland, Oregon 97204 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 20 CITY OF EDMONDS CONSULTANT NAME: By By Dave 0. Earling Mayor Its APPROVED AS TO FORM: Office of the City Attorney Packet Page 79 of 313 STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of May, 2013, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , and executed the foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Page 80 of 313 Edmonds Comprehensive Parks, Recreation and Open Space Plan and Community Cultural Plan Scope of Work PHASE 1: WHERE ARE WE NOW? In Phase 1, the MIG Team will gain a deeper understanding of the Edmonds park, recreation and open space system as well as the context for the community cultural plan, building on our Team's existing knowledge, as well as the updated park and facility inventory, and recent local and regional planning efforts. Phase 1 Tasks: 1.1 Project Initiation Meeting MIG will attend a project initiation meeting to finalize the scope, schedule, communications protocols, and community engagement plan details and roles/responsibilities. As part of this task, MIG will provide a request for information memo listing desired project background materials. 1.2 Background Information Review MIG will review key background information provided by the City. This documentation will include relevant site, city- wide and regional plans, City budget and capital improvement plan, recreation program guides, and other documents related to the PROS and Cultural Plan efforts. Information from this background review will be incorporated into the summary documents, beginning with the Existing Recreation Resources Summary Report and Community Culture Environmental Scan and tracked in a project references list. 1.3 Base Mapping Assistance MIG will prepare a base map template of Edmonds' PROS system to be applied to the City's Geographic Information System (GIS) data by City GIS staff. The map will be revised based on the Inventory Review and Analysis and MIG will advise on resolving inconsistencies between the GIS data and other documented sources. The base map will be provided by the City in pdf format for review by the Project Advisory Team (PAT). MIG will complete one revision of the map template based on any updates to the data (provided by the City) or style and presentation comments by the PAT. 1.4 Inventory Review and Analysis MIG will review electronic and hard copy park, recreation facility, open space and trail inventory data provided by the City and guide the cross-referencing of this data with the City's GIS data. Existing classifications of park sites, counts of facilities and acreage will be analyzed and a summary will be included in the Existing Recreation Resources Summary Memo. 1.5 Community Tour MIG will participate in one day of touring to familiarize the project team with the specifics of Edmonds' parks, recreation facilities and open spaces as well as significant cultural locations in the community. This tour should include City staff members with on -the -ground knowledge of the best of the system as well as with issues. Observations of park and facility condition from this tour will be incorporated into the Existing Recreation Resources Summary Report. Following the tour, MIG will provide guidance to City maintenance staff on evaluating the condition of each park with clear definitions of elements or categories of scoring. 1.6 Focus Groups (3) and Arts Summit MIG will conduct three focus groups organized around convenient time blocks. The City will assist in scheduling the meetings, provide meeting space and logistics support. These meetings will be scheduled around other MIG meetings or the Arts Summit for efficient clustering of effort. MIG will facilitate the focus groups, provide agendas, and, following the sessions, provide a summary of the discussions that identifies issues and ideas raised by the participants. In addition the MIG Team will participate in the Edmonds Arts Summit gathering input specific to the Community Cultural Plan and assisting with small group facilitation. Packet Page 81 of 313 1.7 PROS Advisory Team (PAT) Meeting #1 A project advisory team (PAT) composed of City staff, elected and appointed officials and the general public will serve as the steering committee, guiding the PROS Plan through development. At key points in the process, the MIG Team will meet with this group to solicit feedback on technical work products and seek guidance on the PROS plan development, including aligning projects with existing City efforts. MIG will facilitate an initial 1.5 hour meeting of the PAT to discuss the objectives of the plan and get PAT input into strengths, weaknesses, opportunities and challenges with regard to parks. MIG will prepare a 1 to 2 page summary of key decision points and provide this document to the City in pdf format for distribution to the PAT. 1.8 Community Culture Advisory Team (CCAT) Meeting #1 A community culture advisory team (CCAT) composed of City staff, elected and appointed officials and the general public will serve as the steering committee, guiding Community Cultural Plan. This team will also meet with the MIG team at key points in the process to solicit feedback on technical work products and seek guidance on the Community Cultural Plan development, including aligning projects with existing City efforts. MIG will facilitate an initial 1.5 hour meeting of the CCAT to discuss the objectives of the plan and get CCAT input into strengths, weaknesses, opportunities and challenges with regard to arts/culture. MIG will prepare a 1 to 2 page summary of key decision points and provide this document to the City in pdf format for distribution to the CCAT. 1.9 Existing Recreation Resources Summary Report A key work product of this phase will be the Existing Recreation Resources Summary Report. This report will include baseline information on parks, open spaces, and recreation programs provided by the City and others. MIG will provide the summary report in Word and pdf format to facilitate the collection of comments. The City will collect comments and return one set of consolidated comments for one revision by MIG. 1.10 Public Information Update MIG will prepare a public information update for each phase of the project that describes the process, interesting facts and findings in a series of short paragraphs that can be easily utilized in a wide range of existing City communications (including social media, newsletters and website updates). The Phase 1 update will include a description of the process, key dates (such as the community workshops), the online survey link, and preliminary facts and figures about the park system from the background analysis. 1.11 Project Management and Administration This task will ensure a consistent basis for project management and follow-up. As part of this task, MIG will prepare a request for information identifying the desired background information for the project. MIG will coordinate with the City on project activities and progress in biweekly phone calls, resolve issues that may arise regarding schedule and deliverables, and recommend direction for completing project tasks. Project Management and Coordination for this phase is based on a 2-month duration. Phase 1 Deliverables: Community and Stakeholder Engagement Plan Focus Groups Summary Participation in the Edmonds Art Summit PAT and CCAT #1 Summaries Existing Recreation Resources Summary Report Public Information Update 2 Packet Page 82 of 313 PHASE 2: WHERE DO WE WANT TO BE? Phase 2 will include a needs assessment and the initial development of strategic directions, drawing input from the public involvement process, as well as the findings of the Phase 1 technical assessments. Phase 2 Tasks: 2.1 Online Survey The MIG Team will develop an open -access online survey to gather feedback from residents, as well as employers and employees. This online survey gives all interested parties a voice in the planning process, and will collect community input about community desires, initial priorities and important park and recreation activities. The MIG Team will design and program the online survey, and analyze the results, including a brief memo summarizing key findings. The City will post the link to the City website and distribute it as widely as possible using existing communications networks and newsletters. 2.2 Intercept Events The MIG Team will design five interactive boards for City staff and volunteers to gather input at events and activities. MIG will provide written instructions and a checklist for those staffing the sessions, as well as an online feedback form to consolidate intercept data. Once the Intercepts are complete, MIG will analyze the results and summarize findings in a memo. 2.3 Community Workshops (2) The MIG Team will design and facilitate two community workshops, located in different parts of the City and at different times to be as convenient as possible to attend. These workshops will be open to all interests but will generally be focused on the PROS plan issues identified in the first phase of public input. These workshops will be designed to be interactive and participatory, and will be focused on defining vision, values and priorities. The City will assist in scheduling and provide meeting space and logistics support. MIG will design the workshops, provide meeting materials and an agenda, facilitate the workshops, and, following the sessions, provide a summary of the discussions that identifies issues and ideas raised by the participants. This will include the specific ideas for each focus area, as well as overlapping themes raised by participants. 2.4 Level of Service Assessment MIG will design a customized analysis addressing issues identified in Phase 1 and in public outreach activities to identify the level of service for Edmonds, including evaluating past level of service standards and guidelines. As part of this task, MIG will assist City GIS staff in buildings a network model of the City detailing actual access points and travel routes to parks and recreation sites. This model will allow the planning team to evaluate access using ArcGIS Network AnalystTM. The geographic service reach will consider all ways that park users actually travel to park land of different types, functions or characters, including walking, cycling, by car and by transit and using the existing transportation networks. Additional layers of information in this analysis include the condition of Edmond's parks as well as land and facilities owned by other entities, such as schools or other providers. Special consideration will be given to proposed trails and their impact on access to existing parks. A service area for each site will be depicted graphically, highlighting gaps. Building Edmond's reality into this model allows decisions to be made to optimize the system for the activities and services targets most important to the community. The analysis will also consider the framework and findings of the recently completed Park Impact Fee Study to ensure that the analysis is aligned with the needs of that potential funding mechanism. All documentation of the analysis will be provided in electronic formats that are accessible to TAG members for review (Word, pdf, Google Earth KMZ). 2.5 Needs Assessment Summary Report MIG will design a customized analysis addressing Edmonds' issues identified in the public input process. A preliminary review of the analysis will be discussed by the PAT at meeting #2. Following this meeting, MIG will revise the analysis model, run it and prepare a summary of the results to present at the Strategy Session. All documentation of the analysis will be provided in electronic formats that are accessible to PAT members for review (Word, pdf, Google Earth KMZ). 2.6 Community Culture Environmental Scan and Strategic Planning Framework MIG will provide a summary memo of a SWOT analysis for the Community Culture Plan. including key assets, issues, and opportunities. This analysis will be based on the review of background information, stakeholder interviews, focus groups, PAT and staff discussions. The Environmental Scan will also incorporate information received through the summit planned for June. Building from this information, MIG will identify a draft vision for community culture in Edmonds, core values, goals and objectives, and strategic directions for the cultural program (areas of new 3 Packet Page 83 of 313 emphasis, potentially new programming directions, etc.) to advance the vision and take Edmonds' arts and culture to the next level. MIG will provide the summary report in Word and pdf format to facilitate the collection of comments. The City will collect comments and return one set of consolidated comments for one revision by MIG. 2.7 PAT Meeting #2 At the second PAT meeting, the MIG Team will preview the results of the preliminary needs analysis and get direction and feedback to prepare the final analysis. Following the meeting, MIG will prepare a summary of key information items and decision points and provide this document to the City in pdf format for distribution to the PAT. 2.8 CCAT Meeting #2 At the second CCAT meeting, the MIG Team will review the Community Cultural Strategic Planning Framework. Following the meeting, MIG will prepare a summary of key information items and decision points and provide this document to the City in pdf format for distribution to the CCAT. 2.9 Public Information Update The Phase 2 update will include findings from the community input process, a description of the needs analysis process, and a summary of strategic directions for community culture. 2.10 Project Management and Coordination Project Management and Coordination for this phase is based on a 3- month duration. Phase 2 Deliverables: • Intercept Event Materials and Summary • Online Survey Summary • Community Workshop Summaries Need Assessment Summary Report • 2.6 Community Culture Environmental Scan and Strategic Planning Framework • PAT and CCAT #2 Summaries • Public Information Update PHASE 3: HOW DO WE GET THERE? To begin Phase 3, the MIG Team will facilitate a Strategy Session, expanding on the advisory teams as needed to refine the vision and further define objectives, goals and strategies to sustain and enhance parks, recreation facilities, trails and programs. A second strategy session will determine the path forward for the Community Culture Plan. This input will be incorporated into the working draft of the Community Culture Plan. Following the Strategy Sessions, the MIG Team will prepare draft strategies, actions and recommendations for the PROS plan. We will also prepare a preliminary capital development plan and summarize funding and implementation strategy options in a memo format. The PAT will review these materials and the project prioritization criteria. The MIG Team will refine the prioritization criteria and use them to prioritize capital projects, summarizing this information in memo format for further PAT review. Phase 3 Tasks: 3.1 Strategy Session MIG will facilitate a special meeting of the Advisory Teams (PAT and CART) and additional key staff or community representatives, using the Needs Analysis Summary as a starting point. This meeting will focus on defining the preferred approaches to meeting Edmonds' PROS and Community Culture Plan needs. The extended work session will include overlap between the discussions of each advisory team to ensure that both plans are moving forward in a coordinated manner. 3.2 Draft PROS Goals, Objectives and Recommendations MIG will develop the ideas originating in Task 3.1 into a framework of strategic goals, objectives and recommendations that will address park sites, recreation facilities and programs, and open spaces to guide implementation of the plan. The draft of this framework will be provided electronically (Word and pdf) for review by the PAT and comments (one set consolidated by the City) will be integrated into the Working Draft Plan. 4 Packet Page 84 of 313 3.3 Random Sample Survey MIG Team Member EMC will conduct a random sample survey with the objective of gaining an understanding of voter attitude and opinion about options and packages that will be developed in the Parks, Recreation, and Open Space plan. For this telephone survey EMC will develop the survey questionnaire in consultation with MIG and Edmonds; design and select a valid sample of respondents; oversee interviewing and data collection; produce topline results and cross -tabulations; produce a report and analysis in the form of a PowerPoint presentation; and present results and attend/host briefings. The all-inclusive cost is based on a 10 minute survey, with 400 completed interviews. 3.4 Funding and Strategy Memo Based on the scale of improvements recommended and the results of the survey, MIG will develop strategies for funding and implementing projects and service enhancements in Edmonds. A memo describing proposed strategies will be provided by MIG for review by the PAT and comments (one set consolidated by the City) will be integrated into the Working Draft PROS Plan. 3.5 Capital Development Plan MIG will build a planning model of the cost for developing the sites and facilities recommended in the plan. The assumptions for costs will be derived from any recent Edmonds' projects and the MIG Team experience. The model will be a working document that can be updated with new cost assumptions during and following the planning process. For review, the document will be provided in Excel and pdf formats and a snapshot of this model will be included in the Working Draft Plan. 3.6 Prioritization Criteria and Project Priorities MIG will draft criteria for Edmonds to use in prioritizing projects, both during and following the planning process, and apply these criteria to the recommended projects to create a recommended 6-year Capital Improvement Plan along with non -capital projects the City should pursue in the first six year planning period. A draft of the criteria and preliminary prioritize project list will be provided by MIG for review by the PAT and comments (one set consolidated by the City) will be integrated into the Working Draft Plan. 3.7 PAT Meeting #3 At the third PAT meeting, the MIG Team will present the results of the survey; the PROS Plan goals, objectives, recommendations, and capital development plan. Following the meeting, MIG will prepare a summary of key information items and decision points and provide this document to the City in pdf format for distribution to the PAT. 3.8 Public Information Update The Phase 3 update will include findings from survey, and information about the plan development and review process. 3.9 Project Management and Coordination Project Management and Coordination for this phase is based on a 2-month duration. Phase 3 Deliverables: • Strategy Session Summary • Funding Strategy memo • Draft PROS Plan Elements o Goals, Objectives and Recommendations o Capital Development Plan o Preliminary Project Prioritization • Random Sample Survey Results • PAT #3 Summaries • Public Information Update 5 Packet Page 85 of 313 PHASE 4: WHERE/HOW DO WE START IMPROVEMENTS? In Phase 4, the MIG Team will prepare a graphically -rich, readable and functional Working Draft Plans. The Working Draft Plans will be presented to staff and the PAT and their comments will be incorporated and used to create Public Review Draft Plans. These plans will be released for review by the public and local agency review bodies. The MIG Team will provide a toolkit of review support materials, including a PowerPoint presentation and talking points for use by City staff in presenting the plan. Incorporating feedback from the review process, the Final Plans will guide Edmonds in providing its PROS and Community Cultural services. Phase 4 Tasks: 4.1 Working Draft PROS Plan MIG will assemble a first draft of the full PROS Plan from the content created in Phases 1-3, described above. This draft will be provided to the PAT for review prior to release to the public. This review allows the PAT to identify critical flaws, revisions of language and feedback about the overall presentation of the plan. MIG will provide the plan in Word format to allow commenting and will incorporate one set of revisions (based on comments consolidated by the City) into the Public Review Draft Plan. 4.2 Working Draft Community Culture Plan MIG will assemble a first draft of the full Community Culture Plan from the content created in Phases 1-3, described above. This draft will be provided to the CCAT for review prior to release to the public. 4.3 PAT Meeting #4 MIG will facilitate a meeting with the PAT to review the direction and content of the plans in detail and discuss suggested revisions to be incorporated into the public draft plan. 4.4 CCAT Meeting #3 MIG will facilitate a meeting with the CCAT to review the strategic directions and recommendations in the Working Draft Community Culture Plan and discuss suggested revisions to be incorporated into the public draft plan. 4.5 Public Review Draft Plans MIG will revise the Working Draft Plans based on staff and advisory team (PAT and CCAT) comments (received at the meeting and in written form). A full PROS Plan and a full Community Cultural Plan will be released to the public and provided to City Council for comment and consideration for adoption. MIG will provide the Plans in both Word and pdf formats to support this review process. 4.6 Adoption Support MIG will provide a PowerPoint presentation to accompany the Public Review Draft Plan that can be presented by City staff as needed during the review and adoption process. MIG staff will attend one Planning Commission and One City Council Meeting to introduce the plan. Rather than creating multiple versions as comments are received, the City will track comments and corrections in a separate comment log (provided by MIG), allowing City Council to consider the comments together and City Staff to recommend changes to incorporate in the final plan and which to address in other ways. MIG will also be available to respond to questions and comments as the plan moves forward. 4.7 Public Information Update The Phase 4 update will include the review and adoption schedule for the plans to inform involved community members when they can provide comments and how those comments will be considered prior to adoption. 4.8 Final Plans Following adoption of the plans, MIG will complete one round of final edits for each document based on feedback received during the adoption process (as approved by City Council) and deliver the final version of Edmonds' PROS Plan and Community Cultural Plan to the City in pdf files suitable for printing and for publishing online. 4.9 GMA and RCO Submissions MIG will advise on SEPA review and complete the self -assessment checklist to include with the PROS plan for GMA and RCO submissions. MIG will deliver a package of electronic files appropriate for submission to RCO for plan certification. 4.10 Project Coordination and Close -Out Project Management and Administration for this phase is based on a 3-month duration and includes the packaging and delivery of project files and other close-out activities. J Packet Page 86 of 313 Phase 4 Deliverables: • Working Draft PROS Plan • Working Draft Community Cultural Plan PAT Meeting #4 and CCAT Meeting #3 • Public Review Draft Plans • Adoption Support Presentation • Public Information Update • Final Plans • GMA/SEPA Self Assessment Checklist and Submission Package Digital Project Files PROJECT SCOPE AND BUDGET ASSUMPTIONS ■ PROS Advisory Team and Community Culture Advisory Team meetings will be scheduled for the same day to align preparation and travel. ■ City of Edmonds GIS staff will implement the mapping and geographic analysis needs of the project, working with guidance from MIG GIS specialists. This will require access to the Network AnalystTm extension for ArcGIS. ■ MIG will provide work products in electronic format, with the City responsible for printing and duplication. ■ The City is responsible for providing one set of non -conflicting comments for each deliverable. One revision is budgeted for each major deliverable in Phases 1, 2, and 3. ■ The project management budget includes weekly coordination calls between the MIG and City project managers. ■ A 10-month project timeline is anticipated. 7 Packet Page 87 of 313 e s t i m a t e d p r o i e c t c o s t Direct Professional Fees Costs Totals Ryan Mottau Project Manager Heather GiS Specialist K Buczek MIG Project Associate Staff MIG Staff Project Associate Totals MIG Ballard*King EMC AdvlsArts Subconsultant Ken Ballard Ian Stewart Claudia Bach Totals 1.1 Project Initiation Meeting 6 $990 8 $1,080 $0 $0 1 $75 15 $2,145 $0 $0 2 $390 0 $390 $300 $2,835 1.2 Background Information Review $0 4 $540 $0 8 $760 $0 12 $1,300 $0 $0 2 $390 0 $390 $1,690 1.3 Base Mapping Assistance $0 1 $135 8 $960 $0 $0 9 $1,095 $0 $0 $0 0 $0 $1,095 1.4 Inventory Review and Analysis 1 $165 1 $135 4 $480 4 $380 $0 10 $1,160 $0 $0 $0 0 $0 $1,160 1.5 Community Tour 10 $1,650 8 $1,080 $0 $0 $0 18 $2,730 $1,000 $0 $0 0 $1,000 $300 $4,030 1.6 Focus Groups and Art Summit 4 $660 16 $2,160 $0 $0 1 $75 21 $2,895 $0 $0 8 $1,560 0 $1,560 $400 $4,855 1.7 PROS Advisory Team (PAT) Meeting #1 4 $660 6 $810 $0 $0 1 $75 11 $1,545 $0 $0 $0 0 $0 $300 $1,845 1.8 Community Culture Advisory Team (CCAT) Meeting #1 4 $660 6 $810 $0 $0 1 $75 11 $1,545 $0 $0 $0 0 $0 $300 $1,845 1.9 Existing Recreation Resources Summary Report 2 $330 8 $1,080 2 $240 24 $2,280 1 $75 37 $4,005 $3,500 $0 $0 0 $3,500 $7,505 1.10 Public Information Update $0 1 $135 $0 2 $190 $0 3 $325 $0 $0 $0 0 $0 $325 1.11 Project Management and Administration 2 $330 8 $1,080 $0 $0 2 $150 12 $1,560 $0 $0 $0 0 $0 $50 $1,610 2.1 Subtotal Online Survey 33 1 $5,445 $165 67 $9,045 8 $1,080 14 $1,680 $0 38 24 $3,610 $2,280 7 $525 $0 159 33 $20,305 $3,525 $4,500 $0 $0 12 $2,340 $0 $0 0 0 $6,840 $0 $1,650 $100 $28,795 $3,625 2.2 Intercept Events 2 $330 2 $270 $0 4 $380 8 $600 16 $1,580 $0 $0 $0 0 $0 $1,580 2.3 Community Workshops (2) 4 $660 16 $2,160 $0 10 $950 4 $300 34 $4,070 $0 $0 $0 0 $0 $600 $4,670 2.4 Level of Service Assessment 1 $165 4 $540 8 $960 4 $380 $0 17 $2,045 $0 $0 $0 0 $0 $2,045 2.5 Need Assessment Summary Report 4 $660 8 $1,080 $0 24 $2,280 2 $150 38 $4,170 $3,000 $0 $0 0 $3,000 $7,170 2.6 Cultural Arts Environmental Scan and Strategic Planning Framework 8 $1,320 1 $135 $0 18 $1,710 2 $150 29 $3,315 $0 $0 $0 0 $0 $3,315 2.7 PAT Meeting #2 4 $660 6 $810 $0 $0 1 $75 11 $1,545 $0 $0 $0 0 $0 $150 $1,695 2.8 CCAT Meeting #2 4 $660 6 $810 $0 $0 1 $75 11 $1,545 $0 $0 $0 0 $0 $150 $1,695 2.9 Public Information Update $0 1 $135 $0 2 $190 $0 3 $325 $0 $0 $0 0 $0 $325 2.10 Project Management and Coordination 3 $495 12 $1,620 $0 $0 2 $150 17 $2,265 $0 $0 $0 0 $0 $50 $2,315 Subtotal 31 $5,115 64 $8,640 8 $960 86 $8,170 20 $1,500 209 $24,385 $3,000 $0 0 $0 0 $3,000 $1,050 $28,435 Page 88 of 313 Edmonds Comprehensive Parks, Recreation and Open Space Plan and Community Cultural Plan 1 5/7/2013 e s t i m a t e d p r o i e c t c o s t 3.1 Strategy Sessions Direct Costs $500 Professional Fees Totals $4,415 Ryan Mottau Project Manager 8 $1,320 10 $1,350 Heather K Buczek GiS Specialist $0 MIG Staff MIG Staff Project Associate Project Associate $0 1 $75 Totals MIG Ballard*King EMC Ken Ballard Ian Stewart $2,745 $0 $0 AdvlsArts Subconsultant Claudia Bach Totals 6 $1,170 0 $1,170 19 3.2 Draft PROS Goals, Objectives and Recommendations 2 $330 8 $1,080 $0 8 $760 $0 18 $2,170 $4,000 $0 $0 0 $4,000 $6,170 3.3 Random Sample Survey $0 1 $135 $0 $0 2 $150 3 $285 $0 $18,000 $0 0 $18,000 $18,285 3.4 Funding Strategy Memo 1 $165 8 $1,080 $0 $0 $0 9 $1,245 $0 $0 $0 0 $0 $1,245 3.5 Capital Development Plan 1 $165 8 $1,080 2 $240 16 $1,520 $0 27 $3,005 $0 $0 $0 0 $0 $3,005 3.6 Prioritization Criteria and Action Plan 1 $165 4 $540 $0 4 $380 $0 9 $1,085 $0 $0 $0 0 $0 $1,085 3.7 PAT Meeting #3 1 $165 6 $810 $0 $0 1 $75 8 $1,050 $0 $0 $0 0 $0 $300 $1,350 3.8 Public Information Update $0 1 $135 $0 2 $190 $0 3 $325 $0 $0 $0 0 $0 $325 3.9 Project Management and Coordination 2 $330 6 $810 $0 $0 2 $150 10 $1,290 $0 $0 $0 0 $0 $50 $1,340 4.1 Subtotal Working Draft PROS Plan 16 4 $2,640 52 $7,020 $660 16 $2,160 2 $240 1 $120 30 32 $2,850 $3,040 6 4 $450 $300 106 57 $13,200 $6,280 $4,000 $0 $18,000 $0 6 $1,170 $0 0 0 $23,170 $0 $850 $37,220 $6,280 4.2 Working Draft Cultural Arts Plan 16 $2,640 1 $135 $0 20 $1,900 2 $150 39 $4,825 $0 $0 6 $1,170 0 $1,170 $5,995 4.3 PAT Meeting #4 1 $165 6 $810 $0 $0 1 $75 8 $1,050 $0 $0 $0 0 $0 $150 $1,200 4.4 CCAT Meeting #3 1 $165 6 $810 $0 $0 1 $75 8 $1,050 $0 $0 $0 0 $0 $150 $1,200 4.5 Public Review Draft Plans 4 $660 12 $1,620 1 $120 32 $3,040 4 $300 53 $5,740 $0 $0 $0 0 $0 $5,740 4.6 Adoption Support 4 $660 12 $1,620 $0 $0 $0 16 $2,280 $0 $0 $0 0 $0 $400 $2,680 4.7 Public Information Update $0 1 $135 $0 2 $190 $0 3 $325 $0 $0 $0 0 $0 $325 4.8 Final Plans 2 $330 4 $540 $0 12 $1,140 4 $300 22 $2,310 $0 $0 $0 0 $0 $2,310 4.9 GMA and RCO Submissions $0 4 $540 $0 $0 $0 4 $540 $0 $0 $0 0 $0 $540 4.10 Project Coordination and Close -Out 3 $495 12 $1,620 $0 $0 2 $150 17 $2,265 $0 $0 $26,665 $0 $0 6 $0 $1,170 0 0 $0 $50 $2,315 $1,170 $750 $28,585 $1,709 $215 $124,959 Subtotal 5% Administrative Mark Up (Subconsultants and Direct Costs) Total Project Cost 35 $5,775 74 $9,990 2 $240 98 $9,310 18 $1,350 227 Edmonds Comprehensive Parks, Recreation and Open Space Plan and Community Cultural Plan 1 5/7/2013 Pa Page 89 of 313 1.1 Project Initiation Meeting 1.2 Background Information Review + E N Lo 0 0 O -0 E j Z � E U 0 O N (6 7 0 N i 7 L 1.3 Base Mapping Assistance 1.4 Inventory Review and Analysis 1.5 Community Tour 1.6 Focus Groups and Art Summit 1.7 PROS Advisor Team (PAT) Meeting #1 1.8 Community Culture Advisory Team (CCAT) Meeting #1 1.9 Existing Recreation Resources Summary Report 1.10 Public Information Update 1.11 1 Project Management and Administration Ilk 2.1 Online Survey 2.2 Intercept Events 2.3 CommunityWorkshops (2) 2.4 Level of Service Assessment 2.5 Need Assessment SummaryReport 2.6 Cultural Arts Environmental Scan and Strategic PlanningFramework 2.7 PAT Meeting#2 2.8 CCAT Meeting#2 2.9 Public Information Update 2.10 Project Management and Coordination 3.1 Strategy Sessions 3.2 Draft PROS Goals, Objectives and Recommendations 7 3.3 Random Sample Survey 3.4 Fundin Strategy Memo 3.5 Capital Development Plan 3.6 Prioritization Criteria and Action Plan 3.7 PAT Meeting #3 3.8 Public Information Update 3.9 Project Management and Coordination 4.1 Workinq Draft PROS Plan 4.2 Workinq Draft Cultural Arts Plan 4.3 PAT Meeting #4 4.4 CCAT Meeting #3 4.5 Public Review Draft Plans 4.6 Ado tion Support 4.7 Public Information Update 4.8 Final Plans 4.9 GMA and RCO Submissions 4.10 Project Coordination and Close -Out Edmonds Comprehensive Parks, Recreation and Open Space Plan and Community Cultural Plan 1 5/7/2013 Packet Page 90 of 313 AM-5740 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Parks, Planning, Public Works Tyne: Action Information Subject Title Authorize Mayor to sign Professional Services Agreement for A/E services for City Park Recommendation Forward to full Council on consent. Previous Council Action Council authorized the City Park project in the CIP for 2013, and as part of the budget adoption process. Council authorized the RFQ for bid on February 19, 2013. 8. C. Narrative The Parks Department published and distributed an RFQ for Architectural and Engineering Services for the City Park Play and Spray revitalization. McLeod Reckord scored the highest in the review process, and staff is recommending with contract with them for services. PSA MacLeod Reckord City Park MR Scope of Work Ci , Park Inbox Reviewed By City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Fonn Started By: Carrie Hite Final Approval Date: 05/08/2013 Attachments Form Review Date 05/08/2013 12:28 PM 05/08/2013 03:04 PM 05/08/2013 03:58 PM Started On: 05/08/2013 12:15 PM Packet Page 91 of 313 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and MacLeod Reckord, PLLC, hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide lanscape design services with respect to the revitalization of City Park; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on lump sum basis as set forth on the fee schedule found in Exhibit A, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of $136,000.00 ( One hundred thirty six thousand dollars ). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the Parks Director three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: 1 Packet Page 92 of 313 A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Hold harmless agreement. The Consultant shall indemnify and hold the City and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the Consultant's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Consultant to indemnify the City against and hold harmless the City from claims, demands or suits based solely upon the conduct of the City, its agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Consultant's agents or employees, and (b) the City, its agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the City of defending such claims and suits shall be valid and enforceable only to the extent of the Consultant's negligence or the negligence of the Consultant's agents or employees. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Packet Page 93 of 313 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. During pendency of this agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. Packet Page 94 of 313 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto as Exhibit A. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Packet Page 95 of 313 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & 0) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds Parks, Recreation, and Cultural Services 700 Main Street Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: MacLeod Reckord The Colman Building 91 Marion Street Seattle, WA 98104 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 20 CITY OF EDMONDS CONSULTANT NAME: By By Dave O. Earling Mayor Its APPROVED AS TO FORM: Office of the City Attorney Packet Page 96 of 313 STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of May, 2013, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , and executed the foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Page 97 of 313 SCOPE OF WORK May 7, 2013 City Park Edmonds EDMONDS CITY PARK PLAY and SPRAY AREA REVITALIZATION :k0l]219191]**91 N1i1IQI, Scope The work to be accomplished under this Agreement is to provide full design services through construction for development of the Edmonds City Park Play and Spray Area Revitalization in Edmonds. Services include design plans, engineering, geotechnical evaluation, archeological/cultural resources evaluation, construction permitting assistance, and site utility work as necessary to construct play area site improvements. GENERAL ASSUMPTIONS Meetings and deliverables have been included in the Scope as outlined herein. Additional meetings or exhibits beyond those described will be additional services. Additional service costs will be negotiated prior to doing this work. This project assumes no federal funding. Initial permit applications will be prepared by City of Edmonds prior to submittal to the permit agencies (by City of Edmonds). One set of revisions, incorporating comments from these Agencies is included in the scope. Additional revisions requested by the City and these Agencies and/or revisions or substantive supplemental information requested by the reviewing agencies may be considered additional services. Assumptions include: 1. City of Edmonds will fill out forms (Consultant will provide technical data as necessary), and will submit and track as the Lead or Applicant. 2. The Consultant will assist with data collection, review and any regulatory responses during the permitting process. 3. The Consultant will prepare any necessary graphic exhibits for submittals and responses. The Consultant is not providing any wetland delineation or environmental science services in this proposal. If additional services are required from the Consultant for this work these additional service costs will be negotiated prior to doing this work. It is assumed that architectural services and/or structural engineering services are not required for modifications to existing structures or site elements such as retaining walls and buildings or for new elements. Should architectural services and/or structural engineering services be necessary they will be provided as an additional service. All site furnishings including spray play and play equipment are assumed to be "off -the -shelf" manufactured products— not custom design. It is assumed that all play equipment and spray play toys and equipment will be purchased separately by the City at the time of construction document completion and will include all manufacturer provided toys, infiltration systems, MacLeod Reckord pllc; Enginuity Systems LLC; PACE Engineers, Inc., Sparling; HWA Geosciences; APT Packet Page 98 of 313 Page 1 of 6 pumps, tanks, diverters and other mechanical equipment as required for a complete and functioning repurposing system. All site furnishings will be selected and installed by the City i.e. benches, bike racks, and litter receptacles etc. All signage required will be provided by the City. The City will be advertising, bidding, and contracting separately with both a spray play equipment manufacturer and a play equipment manufacturer. It is assumed that the spray play and play equipment manufacturers will be responsible for all layout and design of equipment in areas as provided by the design team including drawings and specifications as necessary for construction documents. It is assumed that manufacturers construction documents (plans and specifications) will be included in the project construction document set and be bid and constructed as one project. The Consultant will assist the City with coordination of the spray play and play equipment manufacturers for size and form of the spray play pad and equipment. The final selection of the manufacturers, and play and spray play elements is assumed to be by the City. It is assumed that manufacturers will provide costs for estimating purposes of all equipment including installation. The City to contract separately with spray play manufacturer for equipment start up, operations, maintenance and training. It is assumed that the spray play system will be a repurposed system and not recirculating. City will be working directly with play equipment manufacturer for any community build items. The installation of these items will be clearly defined to the design team prior to starting construction documents. The City will be responsible for the installation/construction of the following items. The Consultant will provide design and/or layout of these items and include these items in the bid documents to be noted as "by others". The City to preferably remove and/or install these items prior to or after the contractor has completed their work on site: • Demolition and removal of all existing play equipment (including footings) • Installation of perimeter construction security fencing and gates • Removal of existing wood chips at play area • Installation of all site furnishings (excluding spray play equipment and play equipment). • Installation of water and sanitary sewer lines from the diverter and/or restroom building to meter or mainline connection at the south west corner of the park site. Sewer line connections to other locations may be installed by the Contractor. • Hydroseeding/seeding, and planting outside the play area. The City will be responsible for advertising, and distribution of documents for bidding including all associated costs for printing. Printing costs for permits and reviews/milestones as well as all bidding costs shall be paid for by the City. It is assumed that Contractor provided (hand drawn) record drawings are acceptable to the City and that these drawings are not required to be converted to CAD. The RCO concept plan is the basis of design for the project and only minimal modifications to the design are anticipated. MacLeod Reckord pllc; Enginuity Systems LLC; PACE Engineers, Inc., Sparling; HWA Geosciences; APT Packet Page 99 of 313 Page 2 of 6 Review meetings with the City are not anticipated. All City comments will be compiled and emailed to the design team. SCHEDULE Completion of the Edmonds Play Area Revitalization bid document set is anticipated as shown in the project schedule. A (3) month construction period is anticipated for the Edmonds Play Area Revitalization (excluding City installed items, and community build items). Permitting, bidding and construction schedules are beyond the control of the Consultant and City of Edmonds. DELIVERABLES Deliverables will be provided in hard copy where noted and electronic copy (PDF) or posted on FTP site. Software to be AutoCAD release 2012, Office 2010 or as agreed. Specific documents and exhibits that will be provided by the Consultant are listed under the Item of work as `Deliverables'. DOCUMENTS AND DATA TO BE FURNISHED BY CITY OF EDMONDS The following documents and data will be furnished by the City to the Consultant: • Project program and requirements, anticipated improvements, procedures, and submittal requirements. • Right of entry permission for either public or private property required for this work. • Legal descriptions/maps of City Park. • Record of survey monumentation in the project vicinity, as available. ■ Standard Details as applicable. • Resolution of easement/right-of-way needs due to proposed improvements (e.g. temporary construction easements, etc.) • Information, drawings, elevations etc. regarding the proposed lift station (on private property to the north) if this sewer line connection/option and easement is pursued. • Purchase and delivery coordination of all play equipment and spray play equipment. • Boiler plate specifications (Standard Specification format from Public Works) — Division 00 and applicable sections of Division 01 (in Word format). Technical specifications will be CSI format. • As -built drawings of existing utilities electrical, water, storm, and sewer system, irrigation, and other utility information as available. • Topographic and boundary survey as required for this work and legal description. • Information regarding the wetland (Edmonds Marsh) related to potential permitting issues — i.e. plan/map of wetland boundaries, wetland type or category including setbacks etc. as available from WSDOT or Snohomish County if not readily available at the City. • Information and data from manufacturer's RCO concept design of spray play equipment and anticipated water usage. WORK TASKS TASK 1. PROJECT START-UP Refine work plan and schedule. Scope/program refinement meeting with the City, gathering and review of available data, research pertinent permit and code requirements for spray play and irrigation, initial site visit(s) including review of the existing restroom building and play area, site MacLeod Reckord pllc; Enginuity Systems LLC; PACE Engineers, Inc., Sparling; HWA Geosciences; APT Packet Page 100 of 313 Page 3 of 6 photographs, identifying initial site concerns (i.e. geotechnical, storm drainage, and constructability issues, etc.), assemble and distribute schedule and work plan. Deliverables: Site photographs, refined work plan and schedule, site visit. Meetings: (1) Site visit, (1) City meeting (scope/ program refinement) (MR). TASK 2. PROJECT MANAGEMENT Assumed to be included in other tasks. TASK 3. COORDINATION WITH PLAY EQUIPMENT MANUFACTURERS Assist the City with manufacturer selection including writing draft of invitation to bid for City review and participation with evaluation of manufacturer during bidding and interview process (if required). Coordinate with play equipment manufacturers as required and necessary for all site work and utilities. All manufacturers' drawings are to be provided in AutoCAD and PDF format for incorporation with site design. Manufacturer's CSI specifications shall be provided in Word format. City to contract separately with spray play equipment and play area equipment manufacturers. Deliverables: Meeting, coordination and project management, draft invitation to bid, participation with City for manufacturer bidding process Meetings: (1) meeting total, coordination as necessary (MR/ team). Review submittals during bidding; attend half day interviews and deliberation (if required) TASK 4. GEOTECHNICAL ANALYSIS AND RECOMMENDATIONS Provide geotechnical investigation, reporting, and recommendations as required including: a) Bearing capacity for underground storage tank(s) and identification of any water table issues. b) Investigative geotechnical test boring to assist in determining ground water issues at existing play area and identify potential solutions. c) General soil characteristics, verification of presence and depth to bedrock, and infiltration capabilities. Summary: (2) borings (max. 15 foot depth) per attached scope of work, located in vicinity of play area, as determined. Additional geotechnical data may be required based on results of preliminary tests. This additional work, if required, will be an additional service. Additional service costs will be negotiated prior to doing this work. Deliverables: Geotechnical report and recommendations, (6) reports. Meetings: Team coordination only, in Seattle, unless site visit required for coordinating efforts. TASK 5. ARCHAEOLOGICAL/CULTURAL RESOURCES Provide cultural resource assessment and reporting as required in order to satisfy RCO grant funding and to comply with State law and City ordinances. Specific requirements will be determined via the City's initial consultation with the Washington State Dept. of Archaeology and Historic Preservation (DAHP) and affected tribes. At a minimum, a cultural resource review of the project area will be conducted, including review of relevant written records (e.g. DAHP's online database of archaeological and historical sites) and consultation with affected tribes. Additional cultural resource work (e.g. onsite survey, construction monitoring) may be required based on the results of the initial consultation and review. Should additional work be deemed MacLeod Reckord pllc; Enginuity Systems LLC,- PACE Engineers, Inc., Sparling; HWA Geosciences; APT Packet Page 101 of 313 Page 4 of 6 necessary, it will be an additional service, and related costs will be negotiated prior to doing the work. Deliverables: (6) Cultural Resource Assessment reports Meetings: Coordination only TASK 6. SURVEY Survey and mapping to be provided by the City with MR scoping assistance. TASK 7. CONSTRUCTION PERMITS Attend early meetings with permit agencies to discuss project and permit application requirements and to introduce the project. Early (pre -application) meetings with the City and County are anticipated at the completion of design development (60% CD's). Assist the City with supplemental graphic exhibits and with preparation of construction permit applications through the City and/or Snohomish County, including Health Department permit, site plan review permit, building permit, clearing and grading (includes SWPP), storm drainage (includes storm drainage report). NPDES may not be required and is not included in this scope of work. Permit review sets to be submitted at end of 90% construction documents (by City). Utility permits including fire, electrical, domestic water and sewer by City. Meetings: (1) meeting with City to determine all permits required (pre-app); (1) meeting with Snohomish County Health Department to review project prior to submittal. TASK 8. Review SCHEMATIC DESIGN (30%) — DELETED It is assumed that the concept design plan developed for RCO (2012) will not be significantly modified and will serve as the schematic design plan and basis of design for subsequent tasks. TASK 9. DESIGN DEVELOPMENT (60%) Kick-off design process, prepare design documents to 60% completion, outline format of Specifications (CSI format), and estimated cost of construction. Submit for City review. It is anticipated that all review comments are compiled and delivered once to design team. • Design team kick-off meeting • Identify and resolve conflicting or unresolved issues • CAD drafted play area design plan for City advertising and bidding for spray play equipment and play equipment manufacturers. • Assist City with identifying potential equipment and utility needs for spray play manufacturer bidding process and repurposing system. • Review of geotechnical and survey findings. Refine and develop RCO concept plan to 60% completion. Develop the following: • Layout plan • Grading plan • Storm drainage, underdrainage and utility plans • Paving types and cross sections • Demolition and TESC plans • Electrical plan • Irrigation and planting concepts • Site detail and furnishings concepts MacLeod Reckord pllc; Enginuity Systems LLC; PACE Engineers, Inc., Sparling; HWA Geosciences; APT Packet Page 102 of 313 Page 5 of 6 Deliverables: (1) half size hard copy plan set to City and electronic copy of plans to team; electronic copy of all deliverables, outline specification, cost estimate. Meetings: (1)Team kick-off meeting (all, at MR) TASK 10. CONSTRUCTION DOCUMENTS (90%) Prepare construction documents to 90% completion including plans, specifications, and cost estimate for City review. Assumes (one) City review and comment set. The City is to submit this set of drawings to permit agencies for review. Deliverables: (1) half size hard copy plan set to City and (1) half size set to each team member, electronic copy of all deliverables, (1) full set of specifications to City, cost estimate. Meetings: Team coordination as necessary. TASK 11. BID DOCUMENTS (100%) Prepare plans and specifications to final completion for bidding and construction and prepare an updated cost estimate. Incorporate any final permit comments and/ or City comments. Deliverables: Provide (1) hard copy set and electronic files of plan set and specifications to City, and (1) half size hardcopy set to each team member. Updated cost estimate. Final printing and bid distribution by City. Meetings: As necessary with City (MR). TASK 12. BIDDING Answer bidder's questions/requests for clarification during bid period. Provide addendums as necessary/appropriate. No pre bid and bid opening attendance. Review bids and make recommendations to City. Deliverables: Bidder responses, addendum(s) as necessary, award recommendations. TASK 13. LIMITED CONSTRUCTION SUPPORT Provide limited construction support as available at the request of the City not to exceed estimated fees indicated in proposal. Limited construction support services may include the following: Deliverables: Meeting documentation, RFl and submittal responses, recommendations. Contract Change Order documentation as necessary/appropriate. Meetings: Construction meetings every two weeks, (1) Pre -construction meeting; (1) punchlist; (1) final punchlist. TASK 14. RECORD DRAWINGS Provide one hard copy set of plans and PDF's based upon Contractor as-builts. Deliverables: Provide (1) plan set and PDF's. MacLeod Reckord pllc; Enginuity Systems LLC,- PACE Engineers, Inc., Sparling; HWA Geosciences; APT Packet Page 103 of 313 Page 6 of 6 EDMONDS CITY PARK PLAY and SPRAY AREA REVITALIZATION May 7, 2013 Suggested PROJECT SCHEDULE 2013 2014 TASK April May June July August September October November December January February March April May June NOTICE TO PROCEED Project start-up Survey Geotechnical Analysis and Recommendations Archeological/ Cultural Resources DESIGN Design Development (60%) Submittals / review Construction Documents (90%) Submittals / review Final Documents (100%) PERMITTING by City Team assist Pre -Application Submittal preparation Submittal/Review BIDDING and CONSTRUCTION Bidding including advertising (Dec 13th) and opening (]an 3rd) Bid Award process - Committee (]an 14th) and Council (]an 21st) Construction (3 months) - signed contract (Feb 5th) Substantial Completion by April 31st Final Completion by May 31st Project closeout Construction by Owner/ manufacturer/Community Build SPRAY PLAY and PLAY EQUIPMENT PROJ MR conceptual design and grading of Spray Play area City bidding and award Manufacturer design of spray play and play Team coordination with manufacturers Packet Page 104 of 313 MacLeod Reckord Landscape Architects FEE SUMMARY Project: Edmonds City Park Play and Spray Area Revitalization Date: May 7, 2013 MacLeod Task Reckord Enginuity PACE Sparling HWA APT Subtotal Task 1. Project Start Up 3,005.00 520.00 1,000.00 4,525.00 Task 2. Project Management - Assume incorporated in other tasks - Task 3. Coordination with Play Equipment Manufacturers 6,042.00 1,300.00 7,342.00 Task 4. Geotechnical Analysis and Recommendations 810.00 9,912.00 10,722.00 Task 5. Archeological/ Cultural Resources 130.00 1,370.00 1,500.00 Task 6. Survey 849.00 849.00 Task7. Construction Permits 5,777.00 1,040.00 6,400.00 13,217.00 Task 8. Review Schematic Design - DELETED 0.00 - Task 9. Design Development (60%) 13,615.00 5,010.00 9,500.00 3,015.00 31,140.00 Task 10. Construction Documents (90%) 13,908.00 5,010.00 4,000.00 1,914.00 24,832.00 Task 11. Bid Documents (100%) 8,342.00 2,870.00 2,300.00 13,512.00 Task 12. Bidding 4,412.00 670.00 300.00 5,382.00 Task 13. Limited Construction Support 3,460.00 2,470.00 1,600.00 1,835.00 9,365.00 Task 14. Record Drawings 3,911.00 730.00 600.00 5,241.00 MR Administration (10%) 6,336.60 6,336.60 Reimbursable expenses (allowance) 2,000.00 2,000.00 72,597.60 19,620.00 25,700.00 6,764.00 9,912.00 1,370.00 Subtotals Total Proposed Fee $ 135,963.60 Packet Page 105 of 313 MacLeod Reckord Landscape Architects FEE DERIVATION Project: Edmonds City Park Play and Spray Area Revitalization Date: May 7, 2013 TASK HOURS RATE/FEE PRINC PM/LA DRAFT WP PRINC PM/LA DRAFT WP SUBTOTAL TOTAL $145 $130 $92 $85 Task 1. Project Start -Up Program refinement meeting with Owner 1 4 145 520 Site reconnaissance 4 - 520 Review existing site data 1 2 145 260 Refine work plan and schedule 1 4 145 520 Research, gather, and review permit and code requirements 1 4 1 145 520 85 - 3,005 Task 2. Project Management - assumed to be in other tasks Task 3. Coordination with Play Equipment Manufacturers Assist City with bidding process 3 3 1 435 390 85 Draft invitation to bid 1 3 1 145 390 85 Review bid proposals 2 6 1 290 780 85 Manufacturer selection interviews 6 2 870 260 - Coordinate with play and spray play equipment manufacturers 1 8 6 145 1,040 552 - Meetings with manufacturers (1) at MR 1 2 1 145 260 - 85 6,042 Task 4. Geotechnical Analysis and Recommendations Coordinate for boring locations 1 2 145 260 - Review and coordinate for draft report 1 2 145 260 810 Task 5. Archeological/ Cultural Resources Coordinate and review 1 - 130 130 Task 6. Survey Scoping assistance, review, coordinate, reconcile, and distribute survey 1 4 2 145 520 184 - 849 Task 7. Construction Permits Permit scoping 1 4 1 145 520 - 85 Prepare submitted materials 1 4 4 2 145 520 368 170 Assist with permit applications 1 4 145 520 - - Coordination/ preapplication meetings (2) 1 8 2 2 145 1,040 184 170 Review comments/ distribution 2 4 290 520 - - Permit assistance/ support 2 4 290 520 5,777 Task 8. Review Schematic Design - DELETED 0 Task 9. Design Development (60%) Kick-off team meeting 1 4 1 145 520 - 85 Identify and resolve conflicting or unresolved issues 1 4 1 145 520 92 - CAD drafted base design - for manufacturer bidding and team 2 16 - 260 1,472 Identify potential equipment and utility needs 1 2 145 260 - Demolition plan 1 2 1 145 260 Layout plan 1 4 6 145 520 552 Grading plan 1 4 6 145 520 552 Pavement types and cross sections 1 4 2 145 520 184 Storm drainage and underdrainage 1 4 2 145 520 184 Irrigation 6 4 - 780 368 Planting 3 4 390 368 Site details and site furnishings 3 4 390 368 - Specification outline 1 6 1 145 780 - 85 Cost estimate 1 8 1 145 1,040 85 Review with City 1 2 1 145 260 85 13,615 Task 10. Construction Documents (90%) Complete 90% documents 4 28 36 8 580 3,640 3,312 680 QA/QC 4 580 - - - Revise documents as required 1 4 4 145 520 368 - Specifications to 90% completion 1 8 4 145 1,040 - 340 Cost estimate 1 8 1 145 1,040 - 85 Assemble, print and distribute drawings 1 2 1 - 130 184 85 Submit for permits 1 2 1 - 130 184 85 Review with City 1 2 1 145 260 - 85 13,908 Page 1 of 2 Packet Page 106 of 313 MacLeod Reckord Landscape Architects FEE DERIVATION Project: Edmonds City Park Play and Spray Area Revitalization Date: May 7, 2013 TASK HOURS RATE/FEE PRINC PM/LA DRAFT WP PRINC PM/LA DRAFT WP SUBTOTAL TOTAL $145 $130 $92 $85 Task 11. Bid Documents (100%) Complete bid documents - incorporate final permit and City comments 1 16 20 1 145 2,080 1,840 85 QA/QC 6 870 - - - Revise documents as required 1 4 4 145 520 368 - Final specifications 1 8 2 145 1,040 - 170 Update cost estimate 1 3 1 145 390 Submit bid documents to City 1 2 1 - 130 184 85 8,342 Task 12. Bidding Advertisement to bid 2 2 290 260 - - Answer bidder questions 1 8 145 1,040 - Issue required addenda 2 10 6 290 1,300 552 Award and NTP 1 3 145 390 - - 4,412 Task 13. Limited Construction Support (not to exceed) Pre -construction conference 1 4 1 145 520 85 Construction observation meetings and minutes, samples, submittals, testing, pay requests, shop drawings, RFI's, and change orders review as available. Preliminary and final punch list as available. 2 16 4 290 2,080 340 3,460 Task 14. Record Drawings Coordinate contractor submittals to City: Warranties 1 1 145 130 Release of Ieins 1 1 145 130 Operation and maintenance manuals 1 - 130 Record drawings 4 520 Submit to owner 1 2 130 184 Convert record drawings from Contractor to electronic file 1 6 16 145 780 1,472 3,911 MacLeod Reckord Subtotal: $ 64,261 Page 2 of 2 Packet Page 107 of 313 1* ;4V enginuity ' _V, � Af systems May 7, 2013 �.� Ms. Jennifer Kiusalaas Macleod-Reckord PLLC 83 Columbia Street Suite 306 Seattle, WA 98104 Subject: Edmonds City Park Play & Spray Area Revitalization Dear Ms. Kiusalaas: Thank you for requesting a proposal for our services on the Edmonds City Park Play & Spray Area Revitalization project. We understand that the schedule for the project entails a design period of approximately 9 months, with a concurrent design effort to facilitate early procurement of the spray park equipment. The construction phase is intended to be approximately 3-4 months. We understand the work scope to be as follows: • Provide design services for the addition of a new spraypark to the existing Edmonds City Park. The spray park system will be a flow -through type, with no recirculation systems. • Provide design services for a water -reuse system, to use the water from the spraypark for irrigation of the existing baseball fields or other areas of the park. • Coordinate with the City and spray feature manufacturers to facilitate early procurement of the water features and spray system equipment. • Provide permit coordination for the spray park systems, including filling out permit forms, responding to permit comments. It is assumed that the printing of hard -copy materials for permit submittal will be by Macleod-Reckord or the City, and that the City will perform the delivery of the permit documents to the reviewing agencies. • Provide construction administration services during the construction phase of the project. We have made the following assumptions in the preparation of this fee proposal: • Utility as-builts will be provided by the City for use by design team. • Wetlands area information will be provided by the City for use by the design team. • Deliverables at Design Development (60%) will be DD-level plans, DID cost estimate, DID cutsheet set, and outline specifications. • Deliverables at Contract Documents (90%) will be CD -level plans, CD cost estimate, CD cutsheet set, permit forms, and full specifications. The CD plans & specifications will be used for permitting purposes. • Deliverables at Bid Documents (100%) will be contract -ready plans and specifications. • Deliverables at Addendum phase will be responses to bidder questions/RFI's/substitution requests, as well as addendum documents required during bidding period. • Drawings and specifications will be provided via electronic delivery (PDF format) for each required submittal. Hard copies will be provided as an extra service. • (1) Meeting at City offices, and (1) initial site visit are included in the Project Start-up phase. This meeting & site visit have already been completed. • (1) Meeting at Macleod-Reckord offices is included during the Play Equipment Manufacturer Coordination Phase to determine concepts & layouts of spray features. • Mechanical scope is not anticipated during the Geotechnical Analysis/Recommendation phase. Work in this phase will be provided upon request as an extra service, as described in the attached fee breakdown. • (1) Meeting at Health Department offices are included in this proposal during the Construction Permitting phase, intended to be for pre -permit coordination with the AHJ. • (1) Meeting is included in the DID phase, at Macleod-Reckord offices for design team coordination. April 30, 2013 Macleod-Reckord PLLC Ms. Jennifer Kiusalaas Page 2 of 2 20130507 edmonds city park fee.docx - ! (1) Meetings is included in the CD/Permit Documents phase, at Macleod-Reckord offices for design team coordination. (2) Meetings/site visits are included during the construction phase, including attendance at (1) of the approximately (12) weekly construction meetings, and (1) punchlist site visit. • City design review at the end of each phase is intended to be done remotely, no in - person review meetings are included with this proposal. • Initial concept drawings for water feature selection will be generated by Landscape Architect. Enginuity Systems will assist with feature selection & provide limited review of concept drawings during Spray Feature Equipment Coordination phase for early equipment procurement. • No document production will be required for pre -permit meetings with City or Health Department. Documents from previous projects will be utilized to illustrate project intent. • No modifications will be necessary to the existing restroom facilities at the site. Design for modifications to the restroom facilities may be provided upon request as an extra service. • No acoustical analysis is provided. • Consulting for air barrier testing with mechanical systems will be provided as an extra service, at our hourly billing rates. • Provision will be provided for support of mechanical equipment in the plans and specifications. Structural or seismic calculations for equipment and component supports are not included in this proposal. • No detailed energy analysis or lifecycle cost services are included in this proposal. • No calculations for the architectural building energy envelope are included in this proposal. • No Fire sprinkler system design or specifications are included in this proposal. The design scope (deliverables, submittals, etc.) is similar to that described in the Washington State Fee Schedule. Additional submittals, information requirements and the like will be an extra service, provided either at the hourly rates indicated on the attached rate schedule, or as lump sum amount(s), determined on a case -by -base basis and negotiated between Enginuity Systems and Macleod-Reckord prior to starting work on the additional service work scope(s). Our fee to provide the services described above is $19,620.00. A fee breakdown is attached. Please contact the undersigned with any questions. Thank you very much for including us on your team. We look forward to working with your firm on this project! Re ards, 1 c esse Bar dale U Vice President, LEED-ap JNB/jnb Enclosures: Fee breakdown spreadsheet Hourly rate schedule Cc: file 20130507 edmonds city park fee.docx ENGINEERING FEE PROPOSAL Project: Edmonds City Park Play & Spray Area Revitilization Prepared By: JB Date: 5/7/2013 Page Title 1 - Summary enginuity systems,. _C Sheet Cost Per Page (Base Scope Items) Cost Per Page (Alternate Scope Items $520.00 Task 1 - Project Start-up Task 3 - Coordination with Play Equipment Manufacturers $1,300.00 Task 4 - Geotechnical Analysis and Recommendations $1,040.00 Task 6 - Survey $2,430.00 Task 7 - Construction Permits $1,040.00 Task 8 - Schematic Design (30%) $0.00 Task 9 - Design Development (60%) $5,010.00 Task 10 - Construction Documents (90%) $5,010.00 Task 11 - Bid Documents (100%) $2,870.00 Task 12 - Bidding $670.00 Task 13 - Construction Support $2,470.00 Task 14 - Record Drawings $730.00 SUBTOTAL (BASE ITEMS)i $19,620.00 SUBTOTAL (ALTERNATE ITEMS)i $3,470.00 SUBCONTRACTOR COST (BASE ITEMS) SUBCONTRACTOR COST (ALTERNATE ITEMS) $0.00 $0.00 EXPENSES (BASE ITEMS) EXPENSES (ALTERNATE ITEMS) $0.00 $0.00 TOTAL COST (BASE ITEMS)i TOTAL COST (ALTERNATE ITEMS)i $19,620.00 1$3,470.00 732 Broadway, Suite 102 Tacoma, WA 98402-3702 P (253) 292-0357 F (253) 292-0358 www.enginuifysys.com Packet Page 110 of 313 20130507 Edmonds City Spray Park.xlsx - Summary Page 1 of 15 PACE An Engineering Services Company May 7, 2013 Ms. Jennifer Kiusalaas MacLeod Reckord Landscape Architects 83 Columbia Street Suite 306 Seattle, WA 98104 Subject: Edmonds City Park Play and Spray Area Revitalization Proposal for Professional Civil Engineering Services Proposal No. P13092 Dear Ms. Kiusalaas: Engineers I Planners I Surveyors PACE Engineers, Inc. (PACE) would like to thank you for the opportunity to submit this proposal for providing Professional Civil Engineering Services for the subject project. As we understand it the overall scope of our portion of the project is to provide civil drawings and documents for completion of the Play and Spray Area Revitalization at City Park in the City of Edmonds. The area of proposed improvements and disturbance is approximately 0.7 acres. The project site is located along the west side of 3rd Avenue S, north of Pine Street. The budgeted fees presented in this proposal are based on an overall project Scope of Work dated May 7, 2013. PACE reserves the right to amend this proposal if unexpected conditions are encountered during review and further site reconnaissance activities. Any revision to the scope of work would require a review of the budgeted fee. Listed below is our proposed scope of services, budget and assumptions for the proposed project. If anything in this proposal is not as you anticipated, please let us know so we can adjust it as required. The tasks and scope of work items as we envision them follow. The tasks are numbered to correspond with the tasks outlined in the May 7, 2013 overall project Scope of Work. SCOPE OF WORK Civil Engineering (Tasks 1, 7, 9, 10 and 11) Start -Up, Construction Permits, Design Development thru Bid Documents Attend meetings for coordination as required. For budgeting purposes eight hours total has been allocated for meeting preparation, travel and attendance time. Time spent for meetings above the allotted amount will be billed on a time and material basis as authorized, 2. Provide Temporary Erosion Sedimentation Control (TESC) plans and details in accordance with City of Edmonds standards and requirements. PACE Engineers, Inc. Kirkland Office 11255 Kirkland Way I Suite 300 1 Kirkland, WA 98033 P 425.827.2014 1 r 425.827.5043 paceengrs.com Packet Page 111 of 313 Engineers j Planners i surveyors Ms. Jennifer Kill MacLeod Reckord Landscape Architects May 7, 2013 Page 2 3. Provide a Storm Water Pollution Protection Plan (SWPPP) supporting the TESC design in accordance with City of Edmonds requirements. 4. Provide input regarding onsite grading plans as prepared by MacLeod Reckord. 5. Provide input on pavement section design as prepared by MacLeod Reckord. 6. Review earthwork calculations performed by others and offer input on balancing site grading. 7. Provide design plans and details for the construction of onsite storm drainage facilities in accordance with City of Edmonds standards and requirements. This will include all required stormwater conveyance and flow control facilities. It is anticipated that water quality treatment will not be required for this project, therefore, no effort has been budgeted for design of water quality treatment facilities and, as such, is not a part of this proposal. 8. Provide a Storm Drainage Report supporting the stormwater design in accordance with City of Edmonds requirements. 9. Provide design plans for the construction of water lines to supply the proposed spray park site in accordance with City of Edmonds standards and requirements. It is assumed that new water lines will be supplied from the existing onsite water system. It is assumed that connection for irrigation water will be shown by MacLeod Reckord and that supply will be from repurposed water from the spray area. No new connections to the public water system are anticipated. 10. Provide design plans for sanitary side sewer service system to waste overflow water from the spray area to the public sanitary system in accordance with City of Edmonds standards and requirements. It is assumed that now sanitary lines will be connected by gravity to the existing onsite sanitary system. No new connections to the public sewer system or pumped systems are included in this proposal. In the event a pump station is required a proposed fee has been provided in the BUDGETED FEES portion of this proposal for budgeting purposes. 11. Provide written book specifications for civil scoped items to include TESL, storm drainage, water and sanitary sewer. 12. Provide estimate of probable construction costs for civil scoped items. 13. Assist with the information for submittal to the City for review, approval and permit. Submittals are anticipated to be performed by others. Civil Engineering (Tasks 12, 13 and 14) Bidding, Construction Support and Record Drawings 1. Provide support during bidding and award of project. This may include answers to bidder questions to provide clarification during bid period, provide addenda as necessary and provide reference feedback on bidders. 2. Provide support during construction of the project. This may include attendance at construction meetings, site visits, material submittal review, RFI response, change Packet Page 112 of 313 Engineers i Planners i Surveyors Ms. Jennifer Kiusalaas MacLeod Reckord Landscape Architects May 7, 2013 Page 3 order review, or any other construction support activities necessary to successfully complete the project. 3. Provide record drawings of as -built conditions based upon contractor documentation. BUDGETED FEES We propose to provide our professional civil engineering consulting services as shown below. Civil Engineering (Tasks 1, 7, 9, 10 and 11) — Design services for PS&E preparation. This includes work items 1-13 as listed and all design related reproduction and courier service costs. This task is presented as a fixed fee lump sum amount not to be exceeded without prior authorization for revision to scope of work items. Allocations by task: Task 1 - $1,000.00 Task 7 - $6,400.00 Task 8 - deleted Task 9 - $9,500.00 Task 10 - $4,000.00 Task 11 - $2,300.00 $23,200.00 Civil Engineering (Tasks 12, 13 and 14) — Bidding and Construction Support and Record Drawings. This includes work items 1-3 as listed and all construction support related reimbursable costs. Due to potential unforeseen conditions and contractor variability these tasks have been estimated at 20 hours total. This task is presented as a fixed fee lump sum amount not to be exceeded without prior authorization for additional efforts beyond the budgeted amount. (Please note that it is in the owner's best interest to retain PACE for support services during construction. These services are to observe compliance with design concepts and specifications and to allow design revisions in the event subsurface conditions differ from those anticipated prior to the start of construction. PACE accepts no liability for any design revisions, design interpretations or answers to contractor questions to which PACE is not a party.) Allocations by task: Task 12 - $300.00 Task 13 - $1,600.00 Task 14 - $600.00 $2.500.00 TOTAL ESTIMATED CIVIL ENGINEERING BUDGET $25,700.00 As noted above in item 10 of Tasks 1, 7, 9, 10 and 11 it has been assumed that new sanitary lines from the spray area overflow will be connected by gravity to an existing onsite sanitary system. If a pump system becomes necessary we recommend budgeting $3,500.00 for design plans, specifications, cost opinion and construction support for this item. Packet Page 113 of 313 Engineers I Planners I Surveyors Ms. ]ennifer Kiusafaas MacLeod Reckord Landscape Architects May 7, 2013 Page 4 ASSUMPTIONS The above scope of services and related fees have been based on the following assumptions: 1. PACE will be provided a site survey with existing conditions shown in Auto CAD Civil 3D format from which to base design drawings. 2. Owner will provide as -built drawings of existing utilities: power, communications, water, storm, sanitary sewer, and other utility or irrigation information as available. 3. Owner will pay all necessary permit, review, submittal, and related fees. 4. PACE will be provided a base map with proposed site plan information in Auto CAD format from which to base design drawings. 5. Due to a proposed area of disturbance of less than one acre a Notice of Intent (NOI) for NPDES permitting, monitoring and/or inspection efforts such as turbidity and pH monitoring are anticipated to be required and are, therefore, not accounted for in this proposal. 6. Design fees for utilities are for on site facilities only with a connection to an existing system and do not include any design for off site utility extensions or relocations. 7. This proposal does not include any design for improvements to public street frontage. 8. This proposal does not include any time for attendance at public meetings. 9. This proposal does not include preparation of a wet weather plan. 10. It is assumed that no composite utility plan will be required. 11. Any variance to City of Edmonds code would require additional review of engineering fees for additional efforts to obtain approval on a variance. 12. All special reports such as geotechnical, biological, wetlands, traffic, etc. will be provided by other design disciplines as needed. 13. This proposal does not include any time for structural engineering efforts. 14. Civil Engineering plans will be prepared using in AutoCAD Civil 3D 2011 version. Any other format production may require additional budget for the additional effort required. 15. This proposal does not include full time construction inspection and/or survey construction layout. 16. Any required spray equipment and repurposed water storage and pumping facilities design for irrigation use are assumed to be provided by others. 17. The contractor and/or his construction survey firm will provide all field as -built information. No time has been allocated for field verification of as -built conditions. PACE can provide in field survey to verify as -built conditions if not provided by the contractor; however, we propose to supply a budget for this service as needed. 18. Project design budget has been based on 2013 billing rates. If the project extends beyond December 2014, PACE reserves the right to renegotiate design fees based on increased billing rates. Packet Page 114 of 313 Engineers i Planners I Surveyors Ms. Jennifer Kiusalaas MacLeod Reckord Landscape Architects May 7, 2013 Page 5 In summary, we have developed a scope of work and budget based on our present knowledge of the proposed project. We have tried to cover all aspects of the proposed project; however, if you feel that additional areas of work require our attention, if you have any questions or if you desire additional information please do not hesitate to contact us. We are pleased to have this opportunity to submit a proposal to accomplish the Professional Civil Engineering consulting tasks and look forward to working with you on another successful project. If you concur with this proposal, and the attached Terms and Conditions, please have the appropriately authorized person sign below and forward one copy back to our office. Sincerely, PACE Engineers, Inc. Philip D. Cheesman, PE Vice President Attachments: Terms and Conditions I agree to the above described civil engineering consulting services proposal. Name/Signature Title Date Packet Page 115 of 313 PACE PACE Engineers, Inc. Terms and Conditions for Professional Services '"Enon—*VS-vk-C pang Kirkland, Washington January 1, 2013 CLIENT: MacLeod Reckord Contract/Proposal Date: May 7, 2013 TERMS AND CONDITIONS OF AGREEMENT CLIENT and PACE ENGINEERS, INC,, (PACE) agree that the following provisions shall be a part of their agreement. 1. STANDARD OF CARE. PACE's services performed under this agreement will be performed In a manner consistent with the care and skill ordinarily exercised by members of the profession practicing under similar conditions at the same time and In the same or similar locality. When the findings and recommendations of PACE are based on information supplied by CLIENT and others, such findings and recommendations are correct to the best of PACE's knowledge and belief. No warranty, express or implied is made or intended by this agreement, or by the foregoing statement of the appplicable standard of care, or by providing consulting services, or by furnishing oral or written reports of findings made. No entity other than CLIENT or PACE shall 6e construed as a beneficiary to this Agreement 2. INSURANCE COVERAGE, PACE is protected by Workers Compensation insurance as required by applicable state laws and will maintain employer's liability coverage. During the performance of tills Agreement PACE will maintain professional liability insurance with a limit of not less than $1 million on a claims made, annual aggregate basis, and commercial general liability and automobile liability insurance each with a limit of not less than $1 million on an occurrence basis. 1 RISK ALLOCATION. In recognition of the relative risks, rewards, and benefits of the project to both the CLIENT and PACE, the risks have been allocated such that the CLIENT agrees that, to the fullest extent permitted by law, PACE's total liability to the CLIENT for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this agreement from any cause or causes, shall not exceed ten times our fee or $500, 00, whichever is less, such causes include, but are not limited to, PACE's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. 4. INDEMNIFICATION, The CLIENT shall indemnify and hold harmless PACE and all of its personnel from and against any and all claims, damages, losses, and expenses (including reasonable attorneys fees) arising out of or resulting from the performance of the services providedthatany such claim, damage, loss, or expense is caused In whole or in part by the negligent acts, errors, omissions, and/or strict liability of the CLIENT', or anyone directly or indirectly employed by the CLIENT (except PACE). 5. CLIENT shall absolve the Engineer of any liability arising from any design changes, design interpretations, or answers to Contractor questions to which PACE is not a party. 6. LIENS. PACE reserves the right to file a Notice of Intent to Lien and/or Lion throughout the life of the project. This action protects PACE's right of payment for services rendered. 7. SERVICES BY CLIENT. CLIENT will provide access to site of work, obtain all permits, and provide all Legal services in connection with the project. CLIENT shall pay the costs of checking and inspection fees, zoning application fees, soils engineering fees, testing fees, and all other fees, permits, bond premiums, and all other charges not specifically covered by the scope of work. 8. ADDITIONAL SCOPE OF WORK, From time to time the CLIENT may request PACE to perform additional services that are not included in the original Scope of Work. It is understood the CLIENT will pay for all services provided that are outside the original Scope that have been requesTed by the CLIENT or the CLIENT's representative. PACE will provide written notice as soon as possible on work being requested that is outside the on inal Agreement. Upon receipt of written notification of work being performed by PACE that PACE feels Is outside the original Agreement, the CLIENT shall immediately notify PACE in writing if the CLIENT takes exception to the extra work being done or that the work is outside the original scope. Otherwise, it is understood that the CLIENT agrees to pay a reasonable cost for all extra work being performed by PACE. If PACE's professional services are suspended for longer than six months, PACE is entitled to the additional costs associated with that delay. In addition, if the project duration extends significantly longer than the project duration identified In the Scope of Work, PACE is entitled to additional compensation associated with the increased project duration. If the project [s required to meet new code requirements after the submittal is complete, PACE is entitled to additional compensation to meet those requirements. 9, SERVICES DURING CONSTRUCTION. Any construction inspection or testing provided by PACE is for the purppose of determining compliance by contractors with the functional provisions of project documents only. CLIENT agrees that PACE will have no inspection responsTilltfes at the jobsite except to the extent specifically provided for in the agreed upon scope of work. FACE shall not be held in any way to guarantee any contractor's work, nor to assume responsibility for means, methods, or appliances used by any contractor, nor to assume responsibility for a contractor's compliance with laws and regulations or for contractor's errors omissions, or defective work. Any Punch List created is not intended to be inclusive of all potential items and does not relieve the Contractor of their obligation. It services during construction are required, the CLIENT shall have PACE listed as an additional insured on the Contractor's insurance policy. 10. TERMINATION OF SERVICES. This agreement may be terminated by the CLIENT or PACE with ten (10) days' notification. In the event of termination, the CLIENT shall pay PACE for all the services rendered to the date of termination all reimbursable expenses, and reimbursable termination expenses. In the event of termination by PACE, PACE will transfer copies of all work to date to the CLIENT and provide a summary of the status of the project so the client may retain another company to continue the work, 11. OWNERSHIP OF DOCUMENTS. All documents, electronic or otherwise, produced by PACE under this agreement are protected and shall remain the property of PACE and may not be used by the CLIENT for any other endeavor without the written consent of PACE. 12. PROPOSALS, FEES, AND BUDGETS. PACE shall honor proposals and budgets for 60 days from the date the proposal was issued unless otherwise specified in the proposal. 13. TERMS OF PAYMENT. CLIENT will be invoiced each month following commencement of work. Payment in full of an invoice must be received by PACE within thirty (30) days of the date of such invoice. Any retainers shall be credited on the final fnvofce. 14. LATE PAYMENTS. Accounts unpaid 30 days after the invoice date will be subject to a monthly service charge of 2.0% on the then unpaid balance. In the event that collection proceedings are required, CLIENT will also be responsible to pay the costs and attorneys' fees incurred by PACE, whether or not suit is brought, in both trial and appellate courts, and in connection with any bankruptcy or reorganization proceedings. It is PACE's policy to utilize Professional Service Liens to help secure payment of accounts that are unpaid 60 days or more, CLIENT will be responsible to pay the fees incurred in securing and releasing Liens filed on late payments. 15. EFFECT OF INVOICE. The work performed shall be deemed approved and accepted by CLIENT as and when invoiced uniess CLIENT objects within fifteen 15) days of invoice date by written notice specifically stating the details in which CLIENT believes such work is incomplete or defective, and the invoice amouni(s in dispute. CLIENT shall pay undisputed amounts as provided for in the preceding paragraph. 16. SUSPENSION OF WORK ! WITHHOLDING OF WORK PRODUCT. Failure of CLIENT to submit full payment of an invoice within thirty (301 days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at PACE's discretion. PACE, without any liability to PACE,, reserves the right to withhold any services and work products herein contemplated pending payment of CLIENT's outstanding indebtedness or advance ayment If required by PACE. Where work Is performed on a reimbursable basis, budget may be increased by amendment to complete the scope of work. PAC is not obligated to provide services in excess of the authorized budget. 17. APPLICABLE LAWS. Unless otherwise specified, this agreement shall be governed by the laws of the State of Washington, Any legal proceedings arising from this Agreement shall be filed in King County, Washington. 18. DISPUTE RESOLUTION. All disputes arising out of, or related to, this Agreement, except those related to nonpayment of invoices in amounts under the local Small Claims Court limits, shall be submitted first to nonbinding mediation as a condition procedent to lit!gation. If any dispute submitted to mediation is not successfully resolved, the matter may be resolved through litigation in accordance with Item 17. APPLICABLE LAWS. PACE Engineers, Inc. 11255 Kirkland Way I Suite 300 Kirkland, Washington 98033-6715 p 425.627.2014 1 f 425.827 5043 Packet Page 116 of 313 Sparling Hourly Breakdown Edmonds Park Consulting services will include design documentation for electrical for spray plaza. PM PM ENGINEER ENGINEER PROD PROD EXPENSES Design Development HOURS RATE HOURS RATE HOURS RATE TOTAL Base drawing setup 0.00 $155.00 0.00 $135.00 1.00 $90.00 $0.00 $90.00 Design Team Meeting 3.00 $155.00 0.00 $135.00 0.00 $90.00 $25.00 $490.00 Site Investigation 2.00 $155.00 0.00 $135.00 0.00 $90.00 $25.00 $335.00 Site power layout and design 1.00 $155.00 1.00 $135.00 1.001 $90.00 $0.00 $380.00 Electrical Panels 1.00 $155.00 1.00 $135.00 1.00 $90.00 $0.00 $380.00 Electrical service design and coordination 2.00 $155.00 2.00 $135.00 0.00 $90.00 $0.00 $580.00 Panel schedules 0.00 $155.00 1.00 $135.00 1.00 $90.00 $0.00 $225.00 Develop electrical details 0.00 $155.00 1.00 $135.00 1.00 $90.00 $0.00 $225.00 Specifications 1.00 $155.00 0.00 $135.00 0.00 $90.00 $0.00 $155.00 Estimate of Probable Cost 1.00 $155.00 0.00 $135.00 0.001 $90.00 $0.00 $155.00 DD SUB -TOTAL 11.00 6.00 5.00 50.00 3,015.00 Construction Documents PM PM ENGINEER ENGINEER PROD PROD EXPENSES HOURS RATE HOURS RATE HOURS RATE TOTAL Coordinate base plan update 0.00 $151.00 0.00 $135.00 1.00 $90.00 $0.00 $90.00 Final electrical layouts 1.00 $151.00 1.00 $135.00 1.00 $90.00 $0.00 $376.00 Panel schedules 0.00 $155-001 1.00 $135.00 0.00 $90.00 $0.00 $135.00 Final electrical circuiting and calculations 1.00 $151.00 1.00 $135.00 1.00 $90.00 $0.00 $376.00 Final electrical details 1.00 $151.00 1.00 $135.00 1.00 $90.00 $0.00 $376.00 Final specifications and estimate 1.00 $151.00 1.00 $135.00 0.00 $90.00 $25.00 $311.00 Submit for bid 0.00 $151.00 1.00 $135.00 1.00 $90.00 $25.00 $250.00 CD SUB -TOTAL 4.00 6.00 5.00 50.00 1,914.00 PM PM ENGINEER ENGINEER PROD PROD EXPENSES Construction Administration HOURS RATE HOURS RATE HOURS RATE TOTAL Submittal Review 1.00 $155.00 1.00 $135.00 0.00 $90.00 $0.00 $290.00 RFI Response, Answer Questions 2.00 $155.00 2.00 $135.00 0.00 $90.00 $0.00 $580.00 Construction Site Visits (Two) 2.00 $155.00 2.00 $135.00 0.00 $90.00 $50.00 $630.00 Punch List 2.00 $155.00 0.00 $135.00 0.00 $90.00 $25.00 $335.00 CA SUB TOTAL 7.00 5.00 0.00 75.00 1,835.00 TOTALS 22.00 17.00 10.00 175.00 6,764.00 Packet Page 117 of 313 �N �HWAGEOSCIENCESgig ,�% g) INC. eo�a h,;F><<r; �„ ;, T�,�,g April 4, 2013 HWA Proposal P7149 MacLeod Reckord 83 Columbia Street, Suite 306 Seattle WA 98104 Attention: Ms. Jennifer Kiusalaas Subject: SCOPE AND ESTIMATED COSTS OF GEOTECIINICAL ENGINEERING SERVICES City Park Play and Spray Area Revitalization Edmonds, Washington Dear Jennifer; Per your request, we have prepared this scope of work and cost estimate for geotechnical engineering services in support of design of the proposed Play and Spray Area at City Park in Edmonds, Washington. Our scope of work is based on phone conversations with you, review of the preliminary site prepared by MacLeod Reckord dated April 2012, review of the Draft Scope of Work, and our knowledge of geologic conditions in the site vicinity. Project Understanding We understand that the City of Edmonds plans to revitalize the Play and Spray Area per the preliminary design prepared by MacLeod Reckord. The improvements will consist of new play equipment and a spray area system, water and sanitary sewer lines, and a collection and storage system for runoff from the spray area for irrigation reuse. The latter will include a concrete underground storage tank for water, most likely to be located downslope of the spray area and upslope of the existing parking lot. We understand the base of the tank could be up to 13 feet deep below existing ground level. The existing park is at the toe of the overall slope in Edmonds and just above the marsh along SR-104. The park consists of a ballfield at the eastern upslope portion by Third Avenue, the existing play area with adjacent picnic shelters and restroom, and a parking lot at the western downslope end. On the slope we anticipate the presence of glacial recessional outwash sand and gravel, over glacially consolidated till or clay, and fill over possibly marsh sediments within the parking area. 21312 30th Drive SE Suite 110 Bothell, WA 98021.7010 Tel: 425.774.0106 Fait: 425.774.2714 www.hwageo.com Packet Page 118 of 313 April 4, 2013 HWA Proposal P7149 Proposed Scope of Work HWA will perform a subsurface geotechnical investigation in order to provide relevant information from which to determine general soil characteristics, develop recommendations for bearing capacity for the tank, develop mitigations against bouyancy of the tank in high ground water conditions, identify perched ground water issues within the play area and develop mitigation measures, and provide general earthwork recommendations. Specific work tasks are proposed as follows: Coordinate with the City of Edmonds for site access. Conduct a field reconnaissance to determine exploration sites and mark for underground utility locating. Drill a total of two borings: one to 15 feet deep at the location proposed for the underground water storage tank, and one to 10 feet deep in the existing play area, at the toe of the upslope retaining walls. Borings will be drilled with a small limited -access, rubber -tracked drill rig to reduce disturbance to the existing grass surfaces. Standpipe piezometers will be installed in each boring, as merited by the subsurface conditions encountered, with flush monuments. The drilling and piezometer installations would be accomplished within one day. • Advance two hand holes at the toe of the existing lower retaining wall along the uphill side of the play area, in order to determine the depth and existing downslope dimensions of the wall footing. • Perform laboratory testing on representative soil samples obtained from the explorations in accordance with the appropriate ASTM standards, including but not limited to, natural moisture content, grain -size distribution, and plasticity indices. • Perform engineering analyses and evaluate data derived from the field exploration and laboratory testing programs. • Prepare a draft geotechnical report containing the results of our geotechnical investigation including descriptions of surface and subsurface conditions, site plans showing exploration locations, summary boring logs, and laboratory test results. The report will provide geotechnical recommendations for soil bearing capacity and bouyancy mitigation for the concrete water tank; mitigation of perched ground water in the play area; and general earthwork and pavement subgrade recommendations. • Prepare a final geotechnical report, incorporating review comments on the draft report and subsequent design refinements. • Review plans and specifications during final design phase, and provide feedback to the design team. P7149 rev.doc 2 HWA GeoSciences Inc. Packet Page 119 of 313 April 4, 2013 HWA Proposal P7149 • Provide project management of the geotechnical engineering tasks, including management of our subcontractor. Communicate with the design team in the form of emails, telephone calls, and technical memos as needed. Cost Estimate We estimate that this work scope will require a budget of approximately $9,900. A breakdown of these costs is presented on the attached cost estimate worksheets. If additional geotechnical work above and beyond this proposed level of effort becomes necessary, we will develop a further scope and cost estimate in consultation with you. This scope does not include an evaluation of the potential presence or absence of contaminated or hazardous materials. Piezometers installed as part of this exploration program are the property of the owner. No labor or cost provision has been provided herein for decommissioning of the piezometers in accordance with WDOE regulations once they are no longer of use for the project. HWA can provide a supplemental cost estimate and arrange for these services as appropriate. Alternatively, the piezometer decommissioning could be included as a line item in the construction bid package for the project. Geotechnical services during construction are not included in this scope of work, and can be determined at a later date upon completion of final design and establishment of a project schedule by the contractor. We reserve the right to transfer hours and budget dollars between individual tasks to satisfy overall project requirements. We may also transfer funds allocated for direct expenses to professional/technical activities, or vice -versa, to satisfy overall project requirements. O.O We appreciate the opportunity to present this proposal for services on this project. Please feel free to call us if you have any questions or need more information. Sincerely, HWA GeoSciences Inc. Brad W. Thurber, LG, LEG Senior Engineering Geologist Enclosures: Project Cost Estimate A91�,�` (! Steven E. Greene, LG, LEG Vice President P7149 rev.doc Packet Page 120 of 313 HWA GeoSciences Inc. Cost Estimate for Geotechnical Investigation City Park Play & Spray Area Revitalization Edmonds, Washington Scope: See proposal letter dated April 4, 2013 ESTIMATED HWA LABOR: HWA Ref: P7149 Date: 4-Apr-13 Prepared By: BWT / SEG WORK TASK DESCRIPTION PERSONNEL & 2013 RATES Principal Geot. Eng. Proj. Geol. CAD Clerical TOTAL HOURS TOTAL AMOUNT 190.00 1 140.00 110.00 74.00 69.00 Site Reconnaissance, Utility Locating 2 2 $ 280 Field Investigation: Drilling 5 5 $ 700 Field Investigation: Handholes & Measure GW in Wells Prepare Logs and Cross Sections 4 4 $ 560 2 2 $ 280 Geotechnical Engineering Analyses & Draft Report 2 4 6 2 1 15 $ 1,877 Final Report Preparation 2 2 4 1 1 10 $ 1,303 Plan & Spec Review 2 4 6 $ 820 Project Management 4 1 5 $ 629 TOTAL LABOR: LABORATORY TEST SUMMARY: 6 10 27 Test Est. No. Tests Unit Cost Total Cost Moisture Content 6 $18 $ 108 Atterberg Limits 1 $140 $ 140 Grain Size Analysis 2 $90 $ 180 LABORATORY TOTAL: 3 3 49 $ 6,449 ESTIMATED DIRECT EXPENSES: Drilling Subcontract $3,035 Laboratory Testing $ 428 Mileage @ $0.565/mile $ - TOTAL: $ 3,463 $ 428 PROJECT TOTALS: Total Labor Cost $ 6,449 Direct Expenses $ 3,463 TOTAL: $ 9,912 Assumed Conditions: 1. Geotechnical evaluation includes physical soil properties only and not evaluaton of potentially contaminated soils, fill, or ground water. 2. Project design details/drawings to be provided by MacLeod Reckord to HWA for analysis and reporting purposes. 3. Right of entry for HWA will be arranged for by the City of Edmonds. 4. No restoration of landscaping is included in this cost estimate. Notes: 1. Individual cost items are not fixed and may be reallocated at the discretion of our Project Manager to suit the project objectives. P7149.xls Packet Page 121 of 313 GEOTECHNICAL INVESTIGATION Proposal No.: P7149 City Park Play & Spray Area Revitalization Client: MacLeod Reckord Edmonds, Washington By: BWT 4/4/2013 Scope: Drill 2 borings to approximately 15 and 10 feet and install piezometers to monitor ground water. DRILLING SUBCONTRACT - Small Tracked Drill Rig Rate Quantity Subtotal Mob & Demob $500.00 each 1 total $500 Drilling $225.00 /hr 2 hours $450 Setup, Cleanup, Moving $200.00 /hr 1 hour $200 Well Installation $200.00 /hr 1 hour $200 Well Materials $15.00 /ft 25 feet $375 Well Monuments $110.00 each 2 total $220 DOE Start Cards, Wells $75.00 each 2 total $150 Drums & Cuttings Disposal $100.00 /drum 2 drums $200 Subtotal $1,945 Sales Tax 9.5% $185 Subtotal $2,295 Continqencv 15.0% $344 Subtotal $2,639 Admin. Fee on Subcontractor Costs 15.0% $396 Drilling Subcontract Subtotal $3,035 Packet Page 122 of 313 E WARD 'Ydisz o n A nonprofit organization dedica red ro strengthening communities APT - Applied Preservation Technologies R 0. Box 5914 Bellingham, WA 98227-5914 April 2, 2013 Jennifer Kiusalaas MacLeod Reckord 83 Columbia St, Suite 306 Seattle, WA 98104 RE: CULTURAL RESOURCE REVIEW OF THE CITY OF EDMONDS' PARK PLAY AND SPRAY AREA REVITALIZATION PROJECT Dear Ms. Kiusalaas: Thank you for inviting APT -Applied Preservation Technologies, a program of the nonprofit Eppard Vision, to submit a scope and fee for a cultural resource review of the above -referenced project. We appreciate the opportunity to partner with MacLeod Reckord. Based upon project information provided by MacLeod Reckord and the Washington State Recreation and Conservation Office (RCO), including an explanation of the initial consultation occurring between the City and the Washington State Department of Archaeology and Historic Preservation (DAHP), APT proposes the following scope and fee: 1) Review relevant written records, including the Washington State Department of Archaeology and Historic Preservation (DAHP) online database of archaeological and historical sites (i.e. WISAARD) Personnel: 4 hrs x $75/hr = $300 2) Consult with affected tribes (e.g. Suquamish Tribe) about culturally -sensitive areas and concerns Personnel: 3 hrs x $75/hr = $225 Travel Time (at 50%): 6 hrs x $37.50 = $225 Mileage: 200 mi (RT to Suquamish) x $0.565/mi = $113 Ferry: RT Edmonds -Kingston = $27 Total this task = $590 3) Provide a written report of the results of the cultural resource review and professional recommendations regarding additional cultural resource work deemed necessary [e.g. archaeological survey, archaeological monitoring during construction, traditional cultural property (TCP) study] Personnel: 4 hrs x $75/hr = $300 4) Conduct general administrative duties Approximately 15% of total: $180 The total fee for the cultural resource review is $1370. Should you have any questions, please contact me by phone or email as provided below. Thank you very much for this opportunity! Sincerely, Mary Rossi, M.A. APT Program Director 360.920.8908 mkrossi@eppardvision.org Packet Page 123 of 313 AM-5713 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 15 Minutes Submitted For: Stephen Clifton Department: Community Services Committee: Parks, Planning, Public Works Subject Title Submitted By: Stephen Clifton Tyne: Information Information 8. D. Interim Ordinance to allow Public Markets in the Business Commercial (BC), Business Downtown (BD) and General Commercial (CG) Zones - Proposed changes to 16 and 21 of the Edmonds Community Development Code (ECDC). Ordinance to amend Chapter 4.90 of the Edmonds City Code (ECC) - Licensing. Recommendation September 18, 2012 - The City Council passed an interim ordinance that would have allowed community oriented open-air and/or farmers' markets to operate within BD and BC zones throughout the year (the interim ordinance expired). The expired interim ordinance is similar to the attached proposed draft Ordinance to Amend Titles 16 and 21 (ECDC), only the term Public Market is used in lieu of community oriented open-air market or farmers' market. Previous Council Action Narrative Background During the summer of 2012, Edmonds Historical Museum representatives contacted City staff and asked about the ability of allowing a produce and food farmers' market to operate each Wednesday evening within the Community Business (BC) or Downtown Business (BD) zone beginning in September and operating until late November of 2012. The most likely location to operate a produce and food only farmers' market at that time was on the Salish Crossing property located at the northwest corner of Dayton Street and SR104. On September 18, 2012, the City Council passed an interim ordinance that would have allowed community oriented open-air and/or farmers' markets to operate within BD and BC zones throughout the year. Unfortunately, market sponsors were not able to move forward with this proposal and the interim ordinance has since expired. The Edmonds Historical Museum is now able to move forward with this proposal and would like to begin operations on June 12, 2013 on the Salish Crossing property. Upon the review of existing regulations applicable to such a proposal, City staff found that current regulations would preclude the proposed produce and food farmers' market from operating each Wednesday evening during any month of the year. Additionally, existing regulations conflict with current operations of the Edmonds Historical Museum Garden and Summer Markets that take place each Saturday. Specifically, while current code allows a community oriented open-air market to operate only during the months of July, August and September of each year, the Garden and Summer Markets operate from early May through early October. One other find is that while City officials and staff as well as community residents have discussed for many years the possibility and/or feasibility of establishing a year-round farmer's or public market, current regulations would not allow this to happen. To move towards the goal of operating a farmers'/community oriented open-air/seasonal farmers' market and/or public market during any time of the year and within various commercial zones, and to address current issues related to licensing these types of activities, I have worked with the City Attorney and City staff on a new interim ordinance that would amend Titles 16 and 21 of the Edmonds Community Development Code (ECDC), albeit similar to the interim ordinance approved on September 18, 2012, and a second ordinance that would amend the Edmonds City Code (ECC) Chapter 4.90 (Community Oriented Open Air Markets); this chapter is outdated and needs to be revised to meet the goals outlined below. Review of Existing City Codes Packet Page 124 of 313 Review of the existing City of Edmonds Development Code (ECDC) and Edmonds City Code (ECC) has revealed the following: Depending on the type of market proposed, regulations limit where and when markets can take place and preclude the ability of markets to take place year round, or for extended periods of time. 1. Community Oriented Open -Air Markets - are currently allowed within BD or BC zones as well as General Commercial (GC). Although this use is allowed per Sections 16.43.020 16.50.010 and 16.60.010 of the ECDC, the term is not included in ECDC Title 21 - Definitions. Instead, the definition is contained in Section 4.90.010 ECC which states: a "site or location where new or used items are sold by two or more individual vendors, with each vendor operating independently from the other vendors and subleasing booths, stalls or tables for the purpose ofplacing before the public for sale on a temporary basis used goods, new wares or merchandise. The activities of the market shall be limited to daylight hours on Saturday and Sunday of each week during the months of July, August and September of each year. "Additionally, "No other community oriented open-air market activities shall be licensed nor eligible as a permitted use under the provisions of Chapter 16.60.020(D) and 16.15.010 (A)" (these references are actually no longer valid since the particular subsections were previously removed from the ECDC). Chapter 4.90 states this chapter was "established by the Edmonds city council in order to study the effects of open air markets on the community and determine appropriate limits and conditions for license issuance "and references issuing licenses to nonprofit community organizations "Based upon limited right-of-way and other available area and the 1994 working test. "Most within the community of Edmonds would agree that year 2013 is well past the testing period and that the current Garden and Summer markets are successful and well run. Chapter 4.90 not only precludes the ability of other community oriented open-air markets to exist in the City, it also limits community oriented open-air market activities to the months of July, August and September. Current Garden and Summer market operations run from May through October of each year. 2. Farmers Market - is not expressly defined or listed within ECDC Title 21 or ECC Chapter 4.90 as a permitted use within the BC and BD zones. 3. Seasonal Farmers Market - is expressly defined in Section 21.90.009 ECDC and is an allowed use within BC and BD zones, however, the activity is 'permitted only during the period between May and September, inclusive, of any given year. "This would limit the Edmonds Historical Museum's proposal to operate a produce and food farmers market into late fall. Additionally, it is difficult to determine whether the provisions of Section 4.90.010 ECC, limiting daylight hours on Saturday and Sunday of each week during the months of July, August and September, also apply to seasonal farmers' markets. Highlights of Proposed Amendments to ECDC Titles 16 and 21 and ECC Chapter 4.90 Goals of amending ECDC Titles 16 and 21 in addition to ECC Chapter 4.90 are to: create one definition that would be located in ECDC Title 21 - Definitions and could apply to community open-air markets, farmers' markets, seasonal farmers' markets, or public markets; the term Public Market is the preferred term included within the proposed attached draft allow public markets to operate as open-air activities, within buildings, or both allow public markets to operate in public rights of way, private property, and public property not located within public rights of way establish operational hours to minimize disruption to traffic, residential properties, etc. allow public markets to operate for longer periods of time, e.g., four months, 8 months, or year-round remove provisions of ECC Chapter 4.90, e.g., Section 4.90.060, that are more land use oriented and move them to ECDC Chapters 16.43 and 16.50 The attached interim zoning ordinances meet all of the goals cited above, in the following ways: Goals 1 and 2. The term Community Oriented Open -Air Market has been deleted from ECC Section 4.90.010 - Definitions. A new section 21.80.103, entitled "Public Market," would be added to the Edmonds Community Development Code to read as follows: 21.80.103 Public Market Public Market shall mean an indoor and/or outdoor retail market open to the public consisting of two or more independent vendors, with each vendor operating independently from other vendors and subleasing booths, stalls or tables for the purpose of placing before the public farm -grown or home-grown produce, food, flowers, plants or other similar perishable goods; or the sale of farm -grown or home-grown produce, food, flowers, plants or other similar Packet Page 125 of 313 perishable goods, and new wares, used goods or merchandise. The term Public Market would allow a stand-alone produce only farmers market, or a farmers market with produce, meats, cheeses, flowers and products produced from these (food), or the kind of spring and summer market that is currently operated by the Edmonds Historical Museum, i.e., produce, flowers, meats, bread, bakery items, arts and crafts, etc. The term also allows the use to take place indoors or outdoors. Goals 3 and 4. Proposed revisions to ECC Section 4.90.020(C) reference operations that might take place in public rights of way, private property, and/or public property not located within public rights of way and establishes hours of operations. More specifically, "activities of the market shall be limited to daylight hours on Saturday and Sunday of each week within public rights of way, but extended hours are allowed up to 10 p.m. for any day of the week if the market takes place outdoors on private property or public property not located within public rights of way. Operational hours related to activities of the market are not so limited when the market takes place within a fully enclosed building. " Goal 5. Amendments to ECDC Titles 16 and 21, and ECC Chapter 4.90, do not place restrictions on what months a public market can operate, thus allowing a market to operate year-round. Goal 6. Section 4.90.060 ECC has been deleted and relocated to ECDC Title 16. This language relates more to land use which is why it has been moved to Sections 16.43.040 and 16.50.030 - Operating restrictions. NOTE: ECDC Sectionl6.60.010 - General Commercial (CG) zoning allows `All permitted or conditional uses in any other zone in this title, except as specifically prohibited by subsection (C) of this section or limited by subsection (D) of this section thus, a public market would be allowed in this zone as well, just as community oriented open-air and seasonal farmers' markets are today. The City Council may adopt an interim zoning ordinance for a period of up to six months, as long as the City Council holds a public hearing on the proposed interim zoning ordinance within sixty days after adoption (RCW 35A.63.220, RCW 36.70A.390). I worked with the Planning Board Chair to schedule a public workshop and public hearing. The Planning Board's recommendation will be submitted to the City Council. Attachments Interim Zoning Ordinance To Allow Public Markets in BD. BC and CG Zones Ordinance to Amend ECC Chapter 4.90 Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Stephen Clifton Final Approval Date: 05/09/2013 Form Review Date 05/09/2013 11:40 AM 05/09/2013 03:54 PM 05/09/2013 04:09 PM Started On: 05/01/2013 11:28 AM Packet Page 126 of 313 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING INTERIM AMENDMENTS TO ZONING REGULATIONS THAT WOULD ALLOW PUBLIC MARKETS IN THE BC, BD AND CG ZONES, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD OF THE ORDINANCE, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds only allows seasonal farmers markets to operate during the period between May and September, inclusive; and WHEREAS, there has been interest expressed in having a public market operating any time of the year; and WHEREAS, the city has been approached by an organization that would like to operate a farmers market in the BC or BD zone on days other than Saturdays; and WHEREAS, the Edmonds Community Development Code does not expressly list farmers markets or public markets as a permitted use in the BC and BD zones; and WHEREAS, the operation of a public market would not likely result in any long term changes in the physical appearance of the city; and WHEREAS, the City desires to adopt zoning regulations that will allow public markets to operate in the BC and BD zones year round; and WHEREAS, the Planning Board will be conducting a public hearing on these regulations, and will be transmitting its recommendation to the City Council, but not in time for the proposed market to open at the proposed time; and WHEREAS, pursuant to RCW 36.70A.390, the City Council will also be conducting a public hearing on these interim zoning regulations either contemporaneously with or within sixty days of their adoption; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 Packet Page 127 of 313 Section 1. Definition of Public Market. A new section 21.80.103, entitled "Public Market," is hereby added to the Edmonds Community Development Code to read as follows: 21.80.103 Public Market. Public market shall mean an indoor and/or outdoor retail market oven to the public consisting of two or more independent vendors, with each vendor operating independently from other vendors and subleasing booths, stalls or tables for the purpose of selling farm -grown arm -grown or home-grown produce, food, flowers, plants or other similar perishable goods, and new wares, used goods or merchandise. Section 3. Deletion of Definition of Seasonal Farmers' Market. Section 21.90.009 of the Edmonds Community Development Code, entitled "Seasonal farmers' market," which reads as follows: PAN ... 11111111 INS is hereby repealed. Section 4. Community Business Zone Use Amendments. Section 16.50.010 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strilegk): 16.50.010 Uses. A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; 2. Retail stores, offices and service uses, excluding intense uses, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment sales and services; 3. New automobile sales and service; 4. Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents; 5. Printing, publishing and binding establishments; 6. Bus stop shelters; 7. Community or-ien4edo ;rPublic markets „duetoa „i,.utdo,.,. ,-afi t and -licensed pursuant to provisions in die -Edmonds City Code Chapter 4.90; 0 Packet Page 128 of 313 8. Multiple Dwelling Unit(s). This use may not be located on the ground floor of a structure; 9. Churches, subject to the requirements of ECDC 17.100.020; 10. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 11. Local public facilities subject to the requirements of ECDC 17.100.050; 12. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070.; 13Seasonal f ..mer-s ,.,.,.,,.vo� B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. Commuter parking lots in conjunction with a facility meeting the criteria listed under subsections (C)(11) through (14) of this section, except that the facility may also be located along a designated transit route in addition to an arterial or collector street. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Wholesale uses; 3. Hotels and motels; 4. Amusement establishments; 5. Auction businesses, excluding vehicle or livestock auctions; 6. Drive-in businesses; 7. Laboratories; 8. Fabrication of light industrial products; 9. Convenience stores; 10. Day-care centers; 11. Hospitals, convalescent homes, rest homes, sanitariums; 12. Museums, art galleries, zoos, and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033; 13. Counseling centers and residential treatment facilities for current alcoholics and drug abusers; 14. Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070. D. Secondary Uses Requiring a Conditional Use Permit. 03 Packet Page 129 of 313 1. Outdoor storage, incidental to a permitted or conditional use; 2. Aircraft landings as regulated by Chapter 4.80 ECC. Section 5. Community Business Zone Operating Restriction Amendments. Section 16.50.030 of the Edmonds Community Development Code, entitled "Operating restrictions," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in 16.50.030 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5 Seasonal f µ wfs- Public markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. C. Interim Use Status — Public Markets: 1. Unless a public market is identified on a business license as a year-round market within the City of Edmonds, a premises licensed as a public market shall be considered a temporary use. As a temporary use, the city council finds that any signs or structures used in accordance with the public market do not require design review. When a location is utilized for a business use in addition to a public market, the public market use shall not decrease the required available parking for the other business use below the standards established by Chapter 17.50 ECDC. Section 6. Downtown Business Zone Use Amendments. Section 16.43.020 of the Edmonds Community Development Code, entitled "Uses," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in str4kethfough): 16.43.020 Uses. A. Table 16.43-1. Permitted Uses BD1 BD2 BD3 BD4 BD5 4 Packet Page 130 of 313 Commercial Uses Retail stores or sales A A A A A Offices A A A A A Service uses A A A A A Retail sales requiring intensive outdoor display or storage areas, such as trailer sales, used car lots (except as part of a new car sales and service dealer), and heavy equipment storage, sales or services X X X X X Enclosed fabrication or assembly areas associated with and on the same property as an art studio, art gallery, restaurant or food service establishment that also provides an on -site retail outlet open to the public A A A A A Automobile sales and service X A A X X Dry cleaning and laundry plants which use only nonflammable and nonexplosive cleaning agents C A A A X Printing, publishing and binding establishments C A A A C Genu unity oriented open air -Public markets eendueted as an outdoor- oper-atien an licensed pursuant to provisions in the -Edmonds City Code Chapter 4.90. A A A A A Residential Uses Single-family dwelling A A A A A Multiple dwelling unit(s) A A A A A Other Uses Bus stop shelters A A A A A Churches, subject to the requirements of ECDC 17.100.020 A A A A A Primary and high schools, subject to the requirements of ECDC 17.100.050(G) through (R) A A A A A Local public facilities, subject to the requirements of ECDC 17.100.050 C C C A C Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070 A A A A A Off-street parking and loading areas to serve a permitted use B B B B B Commuter parking lots in conjunction with a facility otherwise permitted in this zone B B B B X Commercial parking lots C C C C X Packet Page 131 of 313 Wholesale uses X X C X X Hotels and motels A A A A A Amusement establishments C C C C C Auction businesses, excluding vehicle or livestock auctions C C C C C Drive-in businesses C C A C X Laboratories X C C C X Fabrication of light industrial products not otherwise listed as a permitted use X X C X X Day-care centers C C C A C Hospitals, health clinics, convalescent homes, rest homes, sanitariums X C C A X Museums and art galleries of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 A A A A A Zoos and aquariums of primarily local concern that do not meet the criteria for regional public facilities as defined in ECDC 21.85.033 C C C C A Counseling centers and residential treatment facilities for current alcoholics and drug abusers X C C A X Regional parks and community parks without a master plan subject to the requirements of ECDC 17.100.070 C C C C C Outdoor storage, incidental to a permitted use D D D D D Aircraft landings as regulated by Chapter 4.80 ECC D D D D D A = Permitted primary use B = Permitted secondary use C = Primary uses requiring a conditional use permit D = Secondary uses requiring a conditional use permit X = Not permitted For conditional uses listed in Table 16.43-1, the use may be permitted if the proposal meets the criteria for conditional uses found in Chapter 20.05 ECDC, and all of the following criteria are met: 1. Access and Parking. Pedestrian access shall be provided from the sidewalk. Vehicular access shall only be provided consistent with ECDC 18.80.060. When a curb cut is necessary, it shall be landscaped to be compatible with the pedestrian streetscape and shall be located and designed to be as unobtrusive as possible. R Packet Page 132 of 313 2. Design and Landscaping. The project shall be designed so that it is oriented to the street and contributes to the pedestrian streetscape environment. Fences more than four feet in height along street lot lines shall only be permitted if they are at least 50 percent open, such as a lattice pattern. Blank walls shall be discouraged, and when unavoidable due to the nature of the use shall be decorated by a combination of at least two of the following: a. Architectural features or details; b. Artwork; c. Landscaping. Section 7. Downtown Business Zone Operating Restriction Amendments. Section 16.43.040 of the Edmonds Community Development Code, entitled "Operating restrictions," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in 16.43.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except: 1. Public uses such as utilities and parks; 2. Off-street parking and loading areas, and commercial parking lots; 3. Drive-in businesses; 4. Plant nurseries; 5_Seasonal f Rers'Public markets; 6. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 EC 7. Bistro and outdoor dining meeting the criteria of ECDC 17.70.040; 8. Outdoor dining meeting the criteria of Chapter 17.75 ECDC. B. Nuisances. All uses shall comply with Chapter 17.60 ECDC, Performance Standards. C. Interim Use Status - Public Markets: 1. Unless a public market is identified on a business license as a vear-round market within the City of Edmonds, a premises licensed as a public market shall be considered a temporary use. As a temporary use, the city council finds that any signs or structures used in accordance with the market do not require design review. When a location is utilized for a business use in addition to a public 7 Packet Page 133 of 313 market, the public market use shall not decrease the required available parking for the other business use below the standards established by Chanter 17.50 ECDC. Section 8. General Commercial Zone Use Amendments. Section 16.60.040.A of the Edmonds Community Development Code, entitled "Operating restrictions," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in st-Fikethfettgh): 16.60.040 Operating restrictions. A. Enclosed Building. All uses shall be carried on entirely within a completely enclosed building, except the following: 1. Public utilities; 2. Off-street parking and loading areas; 3. Drive-in business; 4. Secondary uses permitted under ECDC 16.60.010(B); 5. Limited outdoor display of merchandise meeting the criteria of Chapter 17.65 ECDC; 6. Public markets ^ seasonal fi ors maf-kets; 7. Outdoor dining meeting the criteria of Chapter 17.75 ECDC; 8. Motorized and nonmotorized mobile vending units meeting the criteria of Chapter 4.12 ECC. [Ord. 3902 § 5, 2012; Ord. 3635 § 1, 2007]. B. Interim Use Status - Public Markets: 1. Unless a public market is identified on a business license as an year-round market within the City of Edmonds, a premises licensed as a public market shall be considered a temporary use. As a temporary activity, the city council finds that any signs or structures used in accordance with the market do not require design review. When a location is utilized for a business use in addition to a public market, the public market use shall not decrease the required available parking for the other business use below the standards established by Chapter 17.50 ECDC. Packet Page 134 of 313 Section 9. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Section 10. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: IM JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. N Packet Page 135 of 313 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: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING INTERIM AMENDMENTS TO ZONING REGULATIONS THAT WOULD ALLOW PUBLIC MARKETS IN THE BC, BD AND CG ZONES, ESTABLISHING SIX MONTHS AS THE TENTATIVE EFFECTIVE PERIOD OF THE ORDINANCE, AND ESTABLISHING AN EFFECTIVE DATE.. The full text of this Ordinance will be mailed upon request. DATED this day of , 2013. 4852-4054-9897, v. 1 10 CITY CLERK, SANDRA S. CHASE Packet Page 136 of 313 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE CHAPTER 4.90 RELATED TO LICENSING AND PERMITTING REQUIREMENTS FOR PUBLIC MARKETS, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds historically only allows seasonal farmers markets to operate during the period between May and September, inclusive; and WHEREAS, there has been expressed interest in having public markets operating any time of the year; and WHEREAS, the City would like to update its licensing requirements for such public markets; and WHEREAS, the Edmonds City Code Chapter 4.90 does not expressly include public market as a use subject to permitting and licensing requirements of this chapter; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Chapter 4.90 of the Edmonds City Code, entitled "Community Oriented Open Air Markets," is hereby retitled "Public Markets" and amended to read as follows (new text is shown in underline; deleted text is shown in strip): Chapter 4.90 COMMUNITY ORIENTED PUBLIC OP�TMARKETS Sections: 4.90.010 Definitions. 4.90.020 Activities requiring a license. 4.90.025 Exemptions. 4.90.030 Prohibited activities. 4.90.040 Licensees limited to nonprofit community oriented organizations. Packet Page 137 of 313 4.90.050 Sponsor licensee - Business license required when. 4.90.nPremises ZeniRg and land use T Ri� 4.90.070 License fee. 4.90.080 Term of license. 4.90.090 Application for license. 4.90.100 Records. 4.90.110 Administration. 4.90.120 Violation of the provisions of the chapter - Civil infraction. 4.90.010 Definitions. A "Community erieRtedepeR "Public market" shall meaR a site OF l9GatiGR where n or used items are sold by two or more individual VeRders, with eaGh VeRder eperatiRg 'RdepeRdeRtly fFGM the other veRders basis used goods new wares eF MeFGhandise-is defined in ECDC 21.80.103. B. "Vendor" shall mean any person, association, group, partnership, corporation or firm who exhibits goods or services in a GOMMU^ity orieRte' epeR i-public market provided through a duly licensed sponsor, for the purpose of selling, bartering, trading, exchanging for advertising such goods or services for sale. C. "Sponsor" shall mean any person, association, group, partnership, corporation or firm engaged in the business of providing to any vendor, directly or indirectly, sale spaces, areas or structures within a site licensed for a GOMMURity erieRted ^^e^ irpublic market for the purpose of using such location during the term of the market's license. During the study phase in which this ordinance is effective, the promoter shall be a nonprofit organization as described in ECC 4.90.040. 4.90.020 Activities requiring a license. It shall be unlawful for any person to own, use or permit property to be used as a public market until the market and site have been licensed under this chapter. No person shall then sell or offer for sale products at any location in conjunction with a market activity until sponsor has been duly licensed and each vendor Packet Page 138 of 313 submitted to the city. Nothing in this chapter shall be deemed to authorize activities to be conducted in accordance with the market's activities unless appropriately licensed as required under another provision of this code; provided, however, that business license requirements are limited as provided in ECC 4.90.050. For example, pawnbrokers and dealers of secondhand goods shall not conduct activities in accordance with a market until duly licensed in accordance with the provisions of Chapter 4.75 ECC. Licensing under the provision of this chapter shall be an alternative to special event licensing under the authority of the city council or a license for a public amusement as required under Chapter 4.32 ECC. A. It shall be unlawful for any person to sell or offer for sale goods at a ^^mmunity ^ri^^+ed open aimpublic market unless such person has been listed on the application fee of the licensee and paid the processing requirement specified herein. B. All structures employed on the site shall comply with the requirements of the State Building Code, including but not limited to the Uniform Building and Fire Code elements. rn�TS § 31995]. C. The activities of the public market shall be limited to daylight hours on Saturday and Sunday of each week within public riahts of way. but extended hours are allowed up to 10 D.m. for anv day of the week if the market takes place outdoors on private property or public property not located within public rights of way. Operational hours related to activities of the public market are not limited when the market takes place within a fully enclosed building. 4.90.025 Exemptions. The provisions of this chapter shall not be applied to: A. Require any farmer, gardener or other person who sells any fruits, vegetables or other farm produce or edibles produced by such person within Snohomish County, Washington and exempt pursuant to RCW 36.71.090 from paying any fee or application. Such persons are exempt from the licensing and fee requirements of ECC 4.90.080 but may be listed by the licensee as a vendor when sales are conducted in conjunction with a ^^mmURity GFieRted epeR air-p_uLblic market. 4.90.030 Prohibited activities. It shall be unlawful for any person to own, use or permit property to be used for any of the following prohibited acts in conjunction with the market and unlawful for any person to conduct any of the following acts in conjunction with the public market: A. The sale of any raw meat, fish or poultry product unless approved in writing for inclusion by the Snohomish County Health District; B. The sale of any beverage or foodstuff unless appropriately licensed from the Snohomish County Health District; and Packet Page 139 of 313 C. No sound amplification system shall be used in conjunction with the market which produces noise which is audible beyond the boundaries of the area designated in the application. Ord. 3015 §3 1995]. 4.90.040 Licensees limited to nonprofit community oriented organizations. ILicenses to conduct a ^^mmunity oriented open ;r up blic markets shall be issued only to nonprofit community organizations. Nonprofit community organizations are hereby defined to mean: bona fide nonprofit re;;g:oAs, Gh ritable beRe elen+ fraternal OF SeGial organizations recognized by the United States Internal Revenue Service as a charitable institution exempt from taxation under Section 503C of the Internal Revenue Code and whose principal offices or meeting place is located within the city of Edmonds. [Ord 3032 § 2 1995; n�T5 § i 1995] 4.90.050 Sponsor licensee — Business license required when. The issuance of a GE)MMUR'ty r eRte d PeR aif up blic market license to the sponsor is intended to serve as a master license authorizing limited business activities Vendors at the markets renting or leasing space from the master licensee are not required to have a city business license unless they engage in other business activities subject to licensing under the provisions of this title. By way of illustration and not Iimitation.the following examples are offered: A. Pawnbrokers and secondhand dealers are required to have licenses as provided by Chapter 4.75 ECC. B. A business license shall be obtained by any vendor who conducts GGVered business activities beyond the premises licensed as a GGMMURity „rieRted „pe ;r up blic market and/or outside of the time for which the license is issued. For example, a business operating from a booth on the premises licensed as a ,.,,r~,r~,URit y „rieRted „pee air- up blic market during the days of approved market operation shall not require a business license to conduct such activities. If, however, the vendor conducts other business activities subject to the provisions of Chapter 4.72 ECC, the person conducting such activities shall be duly licensed in accordance with the provisions of that chapter. rn�T5 § 3,T995j Packet Page 140 of 313 4.90.070 License fee. An applicant for a license to operate a GOMM Rit y OrieRte d epe it up blic market shall pay a $5100.00 fee. This fee is based upon the cost to the city of reviewing and processing the application and shall be submitted in conjunction with the application. Each participating vendor shall pay $5.00 for its participation in the GOMMURit y OrieRte d Gpe it up blic market during each calendar year. No application shall be deemed complete until all fees have been paid. rid. 303`'�T995; OAT Z 19951 4.90.080 Term of license. Each license issued under this chapter shall be limited to the number of days approved for operation for the GOMMURit y Oriented epeR r up blic market for which the license was issued. LiGeRSeS shall he valid Only d FORg daylight hni irs in Iu ly August and September. NO-"GeRse shall be effeGtiye beYGRd September 30tth of eahyear. rid. 303 s-4, 1995; n�T5 § 3,T995]. 4.90.090 Application for license. Each applicant for a license to operate a GOMMURit y OrieRte d epen it up blic' market shall file an application with the city clerk accompanied by the license fee provided for in ECC 4.90.070. The application shall be in writing and submitted on a form prepared by the city clerk and signed by the applicant. The application shall give the applicant's nonprofit organization's business address and principal business location, a copy of documents indicating its charitable nonprofit status as well as the residence address and phone number of the applicant's agent. In addition to such other information as the city clerk shall require, the application shall be accompanied by: A. A plot plan showing the location of any outdoor facilities or activities. Adequate parking and ingress and egress shall be maintained during the course of this temporary special event. Adequate precautions shall be put in place to prevent vehicular access to pedestrian pathways within the confines of the activity. Applications to utilize a site or lot already occupied by an existing business shall show on the plot plan the location of all parking required to be provided under the provisions of Chapter 17.50 ECDC for such business. B. A list of each and every vendor participating or anticipated to participate in the market for which the license is sought shall be submitted to the city clerk. The listing shall include the vendor's name, address and business phone number together with a general description of goods and/or services offered by each vendor. Any changes in the list of vendors shall be provided to the city clerk in a minimum of three business days prior to the date of the proposed change (i.e., the first date at which the new vendor will participate in the market). C. Provisions for event management and garbage control shall be addressed in a management plan. All tables, tents, booths, signs and other structures associated with the market shall be removed from public rights of wav at the end of each day; provided, however, that approved outdoor storage may be provided between the close of business Saturday Right and the GE)MMeRGeMeRt Of business en SuRda„ FnGFRithe day a public market is held and commencement of business the following morning on public land not located within public rights of way or on private property. Packet Page 141 of 313 D. Garbage receptacles shall be strategically located and have sufficient capacity to accommodate the vendors and estimated members of the public in attendance. In addition the area shall be kept clean of rubbish, garbage, junk, waste paper, plastic, styrofoam cups, sacks, food and other waste. The City of Edmonds encourages the use of recycling receptacles and products whenever possible. The license holder shall be responsible to keep the area clean. The area to be kept clean shall include the area immediately surrounding sidewalks and public streets. DE. Temporary signage announcing the event shall be approved on the site in the licensing process in accordance with the requirements of ECDC 20.60.080. i-F. The fire marshal shall designate appropriate fire lanes through the licensed area on the plot plan. These fire lanes are intended for pedestrian use and shall be kept free of structures, debris or other blockage. Failure to maintain appropriate fire lanes shall be cause for immediate revocation of the license. The police chief may, in his or her sole discretion, require that security personnel be provided by the GOMMURity GFieRted epeR air up blic market during times and in a number designated by the police. rn�Tri % i 1995] 4.90.100 Records. The named licensee sponsor of the GeMmupity eri8Rte , epeR a;r up blic market shall maintain a record of all vendors participating in the event. Such record shall be available for inspection by the city clerk or a designated agent during normal business hours of city offices (that is 8:00 a.m. to 54:030 p.m. Monday through Friday, excluding legal holidays). [Ord. 3015 § 3T995]. 4.90.110 Administration. The license for a GGMMUn;t" erieRtedepe^ it up blic market may be revoked at the discretion of the mayor or designee at any time for failure to comply with the provisions of this chapter or for violation of any other provision of the city code. Notice of revocation shall be served personally 24 hours prior to the date such revocation shall be effective. The licensee may request a hearing before the Edmonds c-City eCouncil; provided, however, that in the interim no activity shall be conducted until such time as the Edmonds sCity sCouncil has heard the appeal of the licensee from the original determination of the mayor or designee. rn�T5 § 3,T995] 4.90.120 Violation of the provisions of the chapter — Civil infraction. Any person violating any of the requirements of this chapter shall be guilty of a civil infraction and shall be punishable by a fine of up to $1,000. €aehh day of vielatiGR shall be sep"r"u, Offense rn�T5 §3, 1995r Packet Page 142 of 313 AM-5748 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 10 Minutes Submitted For: Jeff Taraday, City Attorney Department: City Clerk's Office Committee: Parks, Planning, Public Works Subject Title Edmonds City Code Chapter 2 Revisions. Submitted By: Sandy Chase Tyne: Action Information 8. E. Recommendation Review the latest draft revisions to certain chapter 2.10 ECC, deliberate, and give additional direction to the City Attorney. Previous Council Action In 2012, during the confirmation of Rob Chave as acting Development Services Director, it became clear that chapter 2.10 ECC did not adequately address the confirmation of acting directors and whether the City Council sought to confirm such acting appointments. On March 6, 2012, the City Council requested that an amendment to chapter 2.10 ECC be sent to committee for review and discussion. The City Council did not give clear direction about the amendments it wanted to see in chapter 2.10 ECC. On March 13, 2012, the Planning, Parks and Public Works committee considered proposed revisions to chapter 2.10 ECC. The committee requested that the scope of the code update be extended beyond chapter 2.10 ECC. Additional revisions to a large portion of Title 2 were brought to the committee for review during the April and May 2012 committee meetings. The City Attorney is recommending that the revisions to Title 2 be considered in smaller chunks, perhaps one chapter at a time. Hence, only revisions to chapter 2.10 ECC has been included in the council packet. Narrative The attached revisions to chapter 2.10 ECC are intended as a guide to discussion of possible revisions to this chapter. One issue addressed in these revisions is the one that was initially in mind when the City Council referred this matter to committee: the acting director issue. The attached revisions represent one possible approach to the confirmation of acting directors, but the City Council has the authority to require confirmation even of acting directors if it chooses to do so. ECC Chapter 2.10 Revisions Inbox Mayor Finalize for Agenda Form Started By: Sandy Chase Final Approval Date: 05/10/2013 Attachments Form Review Reviewed By Date Dave Earling 05/09/2013 05:14 PM Sandy Chase 05/10/2013 09:06 AM Started On: 05/09/2013 03:50 PM Packet Page 143 of 313 2.10.010 Chapter 2.10 CONFIRMATION AND DUTIES OF CITY OFFICERS Sections: 2.10.010 Confirmation process. 2.10.020 Assignment of duties. 2.10.030 Police chief. 2.10.040 Repealed. 2.10.050 References to director of community development. 2.10.060 Executive council assistant. Xae5 10 2.10.070 Mayor's executive assistant. 2.10.010 Confirmation process. A. Whenever a vacancy occurs in one of the positions listed in this section, the city council w447Day review the specifications of that position and revise it as needed before the vaeaney is acting to confirm a permanent appointment. Nothing in this subsection shall be construed to prevent the city council from reviewingsuch uch specifications at other times, but doing so will not have any effect on previously confirmed permanent appointments. B. The mayor or his/her designee will review all applications and determine the persons with the highest qualifications. Any city council member, upon request to the mayor, may review the applications received for the vacant position. C. The mayor shall appoint, subject to city council confirmation, the positions of judge shearing examiner. The hearing examiner may be removed from his/her position for cause, as determined by the mayor. The judge may be removed fr-ofn his/her- offie . D. The mayor shall appoint, subject to council confirmation, the department director positions. The city shall have the following department director positions: of -police chief, ire—ehief,—community services and economic development director, .,,a,Rifl s*,..,tive sey-vicesfinance director, development services director, parks, recreation, and cultural services director, and public works director, and human dir-eeto The city council shall interview the top three candidates for each position prior to the mayor's final selection, PROVIDED that the city council may waive the three -interview requirement by motion and may opt to interview as few as one candidate for any vacant position. The mayor's appointments to all other employee positions shall not be subject to city council confirmation.��279--� , '�° % E. Notwithstanding the provisions of this chapter, the mayor shall have the authority to qppoint, without city council confirmation, an acting director to any of the positions set forth in subsection D, above, PROVIDED that any such acting directorship shall expire and be deemed vacant six months after the date of the appointment. The city council shall be ,given written notice about any such acting appointments including the effective date of the appointment. If the mayor finds it necessary to reappoint an acting director after the first six month appointment has expired, any subsequent appointment shall be subject to city council (Revised ) 2- Packet Page 144 of 313 confirmation. Acting directors shall be compensation pursuant to applicable ordinances and personnel policies regarding acting pU. 2.10.020 Assignment of duties. The city council shall define the functions, powers and duties of the city's directors and employees.The mayor shall direct, supervise, and be in charge of all directors and employees in the performance of their functions, powers, and duties. Ddepartment directors shall be responsible for carrying out all directives as assigned by the mayor, including, but not limited to, planning and directing the activities and staff in their respective assigned departments, supervising and evaluating the work processes and assigned staff, controlling the financial integrity of the assigned -departmental budget, and insuring the delivery of quality public services. All department directors shall serve at the pleasure of the mayor. [Or-d. 3279 § 1, i�r 2.10.030 Police chief. Pursuant to the authority of RCW 41.12.050(2), the position of police chief has been removed exempted from civil service. The policechZef shall be appointed by mayor- 2.10.040 Fire chief-. Repealed by 04 3762. . _ reserved 2.10.050 References to director of community development. Wherever references are made in the Edmonds City Code, the Edmonds Community Development Code or any ordinance of the city to the dir-eeter- of community development director, said reference shall hereafter be construed to mean the development services ao�_director or his/her designee. rn�279—§ 'TT°O°TWherever references are made in the Edmonds City Code, the Edmonds Community Development Code, or any ordinance of the city to the administrative services director, said reference shall hereafter be construed to mean the finance director or his/her designee. 2.10.060 Executive council assistant to council. The executive eouneil assistant to council shall be a contract employee hired on an annual basis by the city council. The terms and conditions of employment for the executive eexneil assistant to council as well as all benefits shall be governed by the provisions of the contract. Depending on the exnerience level of the particular Berson servina in this role. the prefix of "senior" may be added to the title. The contract shall provide for the delegation by the mayor of the direction of this individual to the city council president. In the event that the mayor elects in his or her discretion not to delegate that function, the ciycouncil reserves the right to immediately eliminate the position. rnr.z79 § 1 19991. Packet Page 145 of 313 2.10.070 2.10.070 Mayor's executive assistant. The position of mayor's executive assistant shall be an at -will position with the executive assistant serving at the pleasure of the mayor. the annual sa4ar-y or-dinanee. The terms and conditions of employment as well as job duties being set forth in a job description developed by the mayor with the concurrence of the city council. [Or-d. 3279 § 1 1999]. (Revised ) 2- Packet Page 146 of 313 AM-5736 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted For: Jerry Shuster Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information 8. F. Subject Title Authorization for Mayor to sign a Grant Agreement with the Department of Ecology for $188,772 to conduct pre -design services for the Perrinville Creek Stormwater Flow Reduction Retrofit Study. Recommendation Forward item to the consent agenda for approval at the May 21, 2013 Council meeting. Previous Council Action None. Narrative The City of Edmonds has $200,000 allocated in its 2013 budget to perform a watershed -based analysis of stormwater flows and to develop alternatives to reduce the flows (including Low Impact Development retrofits) in the Perrinville Creek watershed. This grant will allow the City to move the project beyond the analysis stage and into the predesign phase, thereby accelerating retrofit of the watershed. This competitive grant was provided by Ecology's National Estuary Program, Watershed Protection & Restoration Program. The primary goal of this project is to reduce flows in Perrinville Creek, a tributary to Puget Sound, by reducing stormwater runoff. The flow reduction will provide multiple hydrologic and biological benefits to both the Creek and Brown's Bay in the Sound such as: allowing for the replacement of an anadromous fish barrier culvert, reducing erosion and sedimentation that is impacting aquatic habitat and City infrastructure, and reducing the amount of pollutants in the aquatic environment. Fiscal Impact: The original project can be found in the Council -approved 2013-2018 Capital Improvement Plan. The City's 2013 approved budget has $200,000 approved for this project that includes consultant and City staff time. The additional $188,772 will be added to the project budget to cover the added scope items for the pre -design studies. Perrinville Creek Watershed Man Inbox Public Works City Clerk Mayor Finalize for Agenda Form Started By: Megan Luttrell Final Approval Date: 05/08/2013 Attachments Form Review Reviewed By Date Phil Williams 05/07/2013 06:54 PM Linda Hynd 05/08/2013 09:34 AM Dave Earling 05/08/2013 03:06 PM Linda Hynd 05/08/2013 03:58 PM Started On: 05/07/2013 04:27 PM Packet Page 147 of 313 PERRINVILLE CREEK WATERSHED MAP I i Legend -416— Streams Roads Perrinville Basin s , City Boundary r a Puget L Sound sIV co ♦ f/� W A� CC C~L Talbot Road Crossing CITY OF EDMONDS GG�c/5 C, ITY OF EDMONDS- I CITY t I LYNNVI � I sties,_ , d a' N t 1 I I I- 1,200 2,400 Feet ,_ I CITY OF EDMONDS i CITY OF LYNNWOOD CITY OF LYNNWOOD 0 196Th St SW J_ ' a )D - -- - -� 168Th St SW d a' 1 180Th St SW'11— z 200Th St SW co UD 2041rh St SW Packet Page 148 of 313 AM-5737 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted For: Mike DeLilla Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information 8. G. Subject Title Authorization to award construction services for the 224th Street SW Sewer Upgrade project to Laser Underground and Earthworks. Recommendation Forward item to the consent agenda for approval at the May 21, 2013 Council meeting. Previous Council Action On August 21, 2012, Council authorized the Mayor to sign the Interlocal Agreement with the Olympic View Water and Sewer District (OVWSD) for design and construction of the project. On September 18, 2012, Council authorized the Mayor to sign a Bill of Sale to transfer ownership of sewer pipe on 224th that is currently in Esperance from being City owned to OVWSD owned. Narrative The City was in the process of replacing a City owned existing sewerline extending from the intersection of 224th St. SW and 76th Ave W to the intersection of 224th St. SW and 78th Ave W. Historically, the pipe has experienced lack of capacity. The pipe conveys flows for which the overwhelming majority are under the jurisdiction of Olympic View Water and Sewer District (OVWSD). During the research phase of the project, the City realized that the majority of the City owned sewer pipe system to be replaced in this project was actually located in Esperance, which is unincorporated Snohomish County. The City would therefore need to get a franchise agreement with the County in order to replace the system. The City began coordinating the replacement of the system with OVWSD. After discussing the situation with OVWSD it was mutually agreed that OVWSD should have ownership of the pipe that is within Esperance and that they would pay for the replacement costs for the pipe within Esperance. In addition, the City would pay for the replacement costs that are within City limits. Since the majority of the pipe replacement project be under the jurisdiction of OVWSD, it was agreed that the project then be led by OVWSD. On April 29, 2013, OVWSD received bids for the 224th Street SW Sewer Upgrade Project. OVWSD received three bids. The bids ranged from a low of $344,530.80 to a high of $493,891.54. The low responsive bid was received from Laser Underground and Earthworks in the amount of $344,530.80 for all project work (including both OVWSD and Edmonds work.) The following table shows the estimated Sewer replacement/upgrade construction budget for the Edmonds share of the work: Edmonds Project Costs Contract $116,484 Construction Contingency 20% (Due to project being below $200,000) $23,300 Design $20,000 Construction Management $40,000 Testing $10,000 Total $209,784 Packet Page 149 of 313 The funding for this project comes from the Sewer Utility Fund as part of the 2012 Sewer Replacement Project and was approved by Council in the 2013-2018 Capital Improvement Plan. Project Mai Inbox Public Works City Clerk Mayor Finalize for Agenda Fonn Started By: Megan Luttrell Final Approval Date: 05/08/2013 Reviewed By Kody McConnell Linda Hynd Dave Earling Linda Hynd Attachments Form Review Date 05/08/2013 09:50 AM 05/08/2013 10:07 AM 05/08/2013 03:14 PM 05/08/2013 03:58 PM Started On: 05/07/2013 04:46 PM Packet Page 150 of 313 ®ISiF ICi VICINITY MAP NOT TO SCALE Packet Page 151 of 313 AM-5733 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted For: Mike DeLilla Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information 8. H. Subject Title Authorization to approve a storm utility easement for installation of infiltration and storm pipe that will be part of improvements to be done as part of the 238th Storm Drain Project. Recommendation Forward this item to the consent agenda for approval at the May 21, 2013 Council meeting. Previous Council Action None. Narrative Storm water runoff from the surrounding area near the Faith Community Church drains to a low point located at the SW corner of the Faith Community Church property. Since the runoff from the area is within an enclosed drainage basin, it is not able to leave the area. This causes flooding in the SW corner of the Faith Community Church property. In order for the City to mitigate this issue, the Church has agreed to give the City a drainage easement so that the City can build an infiltration system to mitigate the problem. Attachments Easement Form Review Inbox Reviewed By Date Public Works Phil Williams 05/07/2013 06:53 PM City Clerk Linda Hynd 05/08/2013 09:33 AM Mayor Dave Earling 05/08/2013 03:09 PM Finalize for Agenda Linda Hynd 05/08/2013 03:58 PM Form Started By: Megan Luttrell Started On: 05/07/2013 01:48 PM Final Approval Date: 05/08/2013 Packet Page 152 of 313 Return Address: Michele (Mike) F. De Lilla City of Edmonds 121 - Sth Ave. N. Edmonds, WA 9841241 UTILITY EASEMENT Property Address: 10220 238"' St. SW, Edmonds, WA 98020 Assessor's Property Tax Parcel No.: 27033600302200 IN CONSIDERATION of benefits to accrue to the grantors heicin, the undersigned, FAITH COMMUNITY CHURCH (Grantor), hereby grants to the CITY OF EDMONDS (Grantee), a Municipal Corporation, a permanent easement for the installation, construction, operation, maintenance, repair, reconstruction or replacement of a storm water pipe and necessary appurtenances, over, across, through, and below the, Following described property, and the further right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction, operation, maintenance, repair, reconstruction or replacement of said storm water pipe and associated appurtenances, together with the right of access to the easement at any time for the stated purpose. The easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described as the following property: Within the parcel described as follows: SEC 36 TWP 27 RGE 03RT-318) W 145FT OF E1/2 SWI/4 NE1/4 SWI/4 LESS N 20FT FOR RD & LESS S 250FT THOF & LESS QCD 389/314 TO SNO CO FOR RDEX ST OF WA 02311 001 The casement area is depicted in the drawing attached as Exhibit 'A'. THE CITY agrees to restore to substantially the original condition such improvements as are disturbed during the construction, maintenance, and repair of said utility or utilities, provided the grantors, their heirs, or assigns shall not construct any permanent structure over, upon, or within the permanent easement. DATED THIS kJ DAY Or f 20 --"FAITH COMMUNITY CHURCH: Name & Title DATED THIS DAY OF 20 i l 'It AI H CO MU TY CHURCH: Name Title STATE OF WASHINGTON ) )ss COUNTY OF SNOHOMISH) On this day personally appeared before me ti 4 / as Authorized Agent for the Faith Community Church, who executed the foregoing insffument, and acknowledged the said instrument to be the free and voluntary act and deed for the uses and purposes therein mentioned, and on oath states that they are authorized to execute said instrument. to UNDER MY HAND AND OFFICIAL Notary Public State of Wasbingtou LELAND WILLIAMS MY Appointment Expires Feb 11, 2016 THIS DAY OF t PU I in and for11 to of_W4shington, residing at Me Packet Page 153 of 313 '77 FEY , 238TH ,S°T STD SHANE I I ® I FAITri HOCRAFFER APPLE-N ' I ' I � I � I 50' 25' 0 50' 100' i � � I SCALE IN FEET I I I 10'- PARCEL # 27033600302200 I Ir i .1+115 .'.'. STORM WATER I I 11 ' ':':'.I I EASEMENT LIMITS # . +F I �• I I .. I............ .............. ...........25 ... - - F' 13 0 p , EXHIBIT'A' Packet Page 154 of 313 AM-5735 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted For: Bertrand Hauss Department: Engineering Committee: Parks, Planning, Public Works Submitted By: Megan Luttrell Tyne: Action Information Subject Title Proposed Ordinance authorizing the acquisition by negotiation or condemnation of real property interests needed for the 228th St. SW Corridor Improvements project. Recommendation Forward item to the consent agenda for approval at the May 21, 2013 Council meeting. Previous Council Action None. Narrative Right of way acquisition is needed from nine property owners in order to construct the 228th St. SW Corridor improvements project. Temporary construction easements are needed from the properties as well, while the purchase of land rights is needed for only six of them. The City's right of way consultant, Universal Field Services, Inc., has been negotiating the purchase of the needed land and property rights, such as landscaping and temporary construction easements, since January, 2013. The City has adopted right of way procedures for federal -aid projects that require the City to offer fair and equitable compensation for the property rights being acquired. On acquisitions of more than $25,000, a full appraisal is completed by a certified appraiser to establish the compensation due for the property rights being acquired. In addition to the first appraisal, an independent appraiser reviews the first appraiser's work to confirm that the offer is fair and equitable. On simple acquisitions less than $25,000, the appraiser can establish an offer for compensation based on market transactions and other pertinent information. However, the property owner is made aware at the time of the offer that an appraisal has not been done and that one can be prepared if they desire to have the information. The City's goal is to ensure that property owners are fairly compensated for the value of the land and property rights needed for the Project. However, there are times when a property owner and the City cannot agree on a settlement for those property rights. When an agreement cannot be reached through negotiations, the City can pursue the purchase of the property rights by condemnation. In order to utilize this right, the City Council must adopt an ordinance authorizing condemnation. The exhibits of the six properties, where the purchase of land rights is needed, are attached. The right of way documents are practically completed for the fifth and sixth properties (see Exhibit 5 and 6) since significant progress / communication have occurred with their property owner. A public hearing for the proposed ordinance is scheduled for the June 4, 2013 City Council meeting. The four remaining property owners have been notified of the public hearing. Attachments Ordinance Form Review Packet Page 155 of 313 Inbox Reviewed By Date Public Works Phil Williams 05/07/2013 06:54 PM City Clerk Linda Hynd 05/08/2013 09:34 AM Mayor Dave Earling 05/08/2013 03:10 PM Finalize for Agenda Linda Hynd 05/08/2013 03:58 PM Form Started By: Megan Luttrell Started On: 05/07/2013 02:37 PM Final Approval Date: 05/08/2013 Packet Page 156 of 313 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF REAL PROPERTY INTERESTS NEEDED FOR THE 228' St. SW CORRIDOR IMPROVEMENTS PROJECT. WHEREAS, the City of Edmonds (the "City') is working to plan, design and construct the 228th St. SW Corridor Improvements project, which consists of creating a new construct the missing link of roadway on 2281h St. SW from Hwy. 99 to 76th Ave. W and install two new signals. The project also includes the overlay on 228th St. SW from 76th Ave. W to the south entrance of the Andorra Estates and from 80th Ave. W to 78th Ave. W. (collectively, the "Project"); and WHEREAS, the City issued a SEPA Determination of Non -significance, which threshold determinations are final; and WHEREAS, in order to carry out the Project, the City must obtain land and/or property rights, including any necessary easements and/or rights -of -way in or along Hwy. 99, and 228th St. SW., and 76th Ave. W.: and WHEREAS, the City is the lead agency for the Project, and is responsible for obtaining all necessary land and property rights for the Project; and WHEREAS, pursuant to State and Federal policies and regulations, the City is acquiring real property rights, including necessary fee simple titles, easements and rights -of -way, through negotiations with property owners in or along Hwy. 99, 228th St. SW, and 76th Ave. W. WHEREAS, if the City is unable to acquire the necessary land and/or property rights, such as fee simple titles, easements and rights -of -way, in a timely manner, the City must file a petition in eminent domain (condemnation petition) in order to meet the funding and construction deadlines for the Project; and WHEREAS, the City is authorized by Chapter 35A.64 RCW to exercise the power of eminent domain pursuant to Chapters 8.12 and 8.28 RCW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: -1- Packet Page 157 of 313 Section 1. Incorporation of Recitals. The recitals set forth above are hereby adopted as if set forth in full herein. Section 2. Acquisition of Real Property. The rights and interests in the real property described on Exhibits 1 through 4 ("Property"), attached hereto and incorporated herein by reference, is necessary for the construction of the 228rh St SW Corridor Improvements project and is condemned, appropriated, taken and damaged in fee, easement and/or right-of-way for public purposes, subject to the making or paying of just compensation to the owners thereof in the manner provided by law. Section 3. Source of Funds. The cost and expense of acquiring all rights and interests in the Property shall be paid for from Surface Transportation Program (STP) grant and City Transportation (Fund 112) funds. Section 4. Condemnation Authorization. City staff, the City Attorney, and City consultants for the Project have been negotiating with the property owners to obtain land / property rights. They have been authorized and directed to enter into any and all negotiations and agreements necessary to acquire the interests in the Property as described in Exhibits 1 through 4. If such negotiations fail to acquire such interests in the Property in a timely manner, as determined by the Mayor, the City Attorney is authorized to prosecute proceedings provided by law to condemn, appropriate and take the Property and carry out the provisions of this Ordinance. 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 specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED: MAYOR DAVID O. EARLING -2- Packet Page 158 of 313 CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. -3- Packet Page 159 of 313 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, AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF REAL PROPERTY INTERESTS NEEDED FOR THE 228' ST. SW CORRIDOR IMPROVEMENTS PROJECT. The full text of this Ordinance will be mailed upon request. DATED this day of 52013. CITY CLERK, SANDRA S. CHASE -I- Packet Page 160 of 313 0 40 80 n SCALE IN FEET TEMPORARY CONS.TRU TION EASEMENT: 1,556 SF — . x " 00 OUNTRY ♦� W ,r ARMS ,i Z Q R=22' T u) R=17 3.0 coo ,A\ Cn C'4 rOsx 3.0' S,Q9\ \� 9\ ACQUISTION: 491 SF LEGEND r0 r ALIGNMENT CENTERLINE d% \ A00\ —T — -- EXISTING ROW BOUNDARY LINE C PROPOSED ROW BOUNDARY LINE 10\ O� PROPOSED ROW ACQUISITION AREA �`�`��♦�`�� TEMPORARY CONSTRUCTION EASEMENT AREA ♦♦♦ ♦♦♦♦♦ Perteet ux. 228TH ST SW CORRIDOR IMPROVEMENTS +2&25$-T,OOl14M"IS W RJ WILEY, LLC 2707 Caft Avenue, Wto 000 TAX NO. 00576700000202 E""s#,Wl ''VWiS I RIGHT-OF-WAY EXHIBIT 11/12/12 I ��r � �% r oar. �►...►.►.. a......:.:.•►•er►4rO�rir►•►� �I � _ ,� � �I1A' �rr.ara•;•►r.ririrav►•ir� ►r►r►+►ay.+►r►rir /1\ co t , ii ii 1 i ii LEGEND ►ePif �1--91-: 4011V 1l..4llI: I — u — — EXISTING ROW BOUNDARY LINE PROPOSED ROW BOUNDARY LINE PROPOSED ROW ACQUISITION AREA TEMPORARY CONSTRUCTION EASEMENT AREA 0 40 80 SCALE IN FEET Perteet s.— 223TH ST SW CORRIDOR IMPROVEf 425-262-7700114loaal5-N o BOO HAN PLAZA IV, LLC 2707CoPayA"nus,8Wte900 TAX NO. 27043000404000 e""'° ,woo''"'ow08201 RIGHT-OF-WAY EXHIBIT 11/12/12 0 40 80 SCALE IN FEET LEGEND ALIGNMENT CENTERLINE EXISTING ROW BOUNDARY LINE ; �i►0►iia0iiiiiiiiiG►G►isi►iiii " ` � ` r � " • ►0000a►000+►0000. oa►a►a►a►a►a►a►a►a►a►a►oa► .�►�iiis►e►�►►i►�►ui►o+►ii TEMPORARY CONSTRUCTION EASEMENT AREA Perteet E..- 420.252-770011-000.01 & NW 2707 Wbyr Awwwo, Sura 900 EvMeH, WaahWom 99201 Packet Page 163 of 313 0 0 w t z J Q 0 ♦ U) N I- I- 00 CNt N 76TH AVE W ST SW CORRIDOR IMPROVEMENTS ROBERT S MICHLITCH, JR TAX NO. 00576700000102 RIGHT-OF-WAY EXHIBIT 11/12/12 c 40 80 SCALE IN FEET LEGEND ALIGNMENT CENTERLINE EXISTING ROW BOUNDARY PROPOSED ' • BOUNDARY PROPOSED ROW ACQUISITION AREA TEMPORARY CONSTRUCTION 1 1 r + Perteet it . 425-252-77001 1-BOG-015-NN 2707 001by Avenue, Sulu 900 Ewom11, Wsehinghon 98201 i► ...►, 1►.. !1e►1 X.. .► 41. NON 014�01 Ii1►►1►'r 1 R`4 j► � ►� .►a►1 1► :GY1�i►i►1 11 i►ir ►ii! ii►'! .'Gi! ►�►i►'1 OLYMPIC �► ►�A4 + w • li ►i►u ►'►di iii! �► CENTER li ii! IiG►! li a►'! ►<i li ►� li►1►! IA►�� TEMPORARY C6NST i►'0► 1 �► i� Ii o►ii ACQUISITION: 2,86, i4 i.. u 1 a. EI ►i►4 ► 1► /►.► 1► /} 1► 1► 1►.0 4.0' J 3.0' 57 00 76TH AVE W (B LINE) 228TH ST SW CORRIDOR IMPROVEME TYE ROOT, LLC & SUN SM, LLC TAX NO.27043000404400 RIGHT—OF—WAY EXHIBIT 11/12112 ACQUISITION: 6 SF EASEMENT: 348 SF ll 228TH ST SW (A LINE) ♦ �'� 4 00 `� 15,E R=20' �EUC=N'D ALIGNMENT CENTERLINE — — — EXISTING ROW BOUNDARY LINE PROPOSED ROW BOUNDARY LINE PROPOSED ROW ACQUISITION AREA �M��\ TEMPORARY CONSTRUCTION EASEMENT AREA Q 40 80 SCALE IN FEET Perteet 228TH ST SW CORRIDOR IMPROVEMENTS ` 425-202-77001 tao041&NM SHAMAIL YUNIS 7707 Cdby Av"os, sus. M TAX NO. 00441500100100 EverV4 WaIN(OM NMI. RIGHT-OF-WAY EXHIBIT 11/12/12 LEGEND ' r i HENRY HOCHBERG M.P." FAMILY M IG1NEJ 1!"91M-AWiff w\ N Mi EASEMENT: 230 SF ii r • 9 5 ! • ` 414 ACQUISITION: 169 SF 228TH ST SW (A LINE) ALIGNMENT CENTERLINE W EXISTING ROW BOUNDARY LINE PROPOSED ROW BOUNDARY LINE PROPOSED ROW ACQUISITION AREA \�NO�1�� `ti��~��t� TEMPORARY CONSTRUCTION EASEMENT AREA 0 40 80 SCALE IN FEET Perteet ice. 228TH ST SW CORRIDOR IMPROVEMENTS 425-MTMI1-80"15-SWO HOCHBERG FAMILY TRUSH 2WC-oftAwnui,Sol toWO TAX NO. 00501400000100 Evw*%`ftWing1° SMI RIGHT-OF—WAY EXHIBIT 11/12/12 AM-5695 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted By: Pamela Randolph Department: Wastewater Treatment Plant Committee: Parks, Planning, Public Works Type: Information Subject Title Final Contract Acceptance, WWTP A -Basin Upgrade Project Action 8. J. Recommendation Authorization to pass to City Council a recommendation to issue Final Acceptance of the contract between the City and Moon Construction Co. Inc. for the successful completion of the WWTP A -Basin Upgrade Project. Previous Council Action On August 21, 2012 Council voted to award the contract in the amount of $174,530.96 for construction of the project to Moon Construction Co. Inc. Narrative On September 18, 2012, Moon Construction Co. Inc. was given the notice to proceed with construction. During the course of the contract there were no change orders. Substantial completion of the work was granted in January 2013, and physical completion on January 18, 2013. Construction was completed on time and within budget at $174,529.88. Inbox City Clerk Mayor Finalize for Agenda Form Started By: Pamela Randolph Final Approval Date: 05/08/2013 Reviewed By Linda Hynd Dave Earling Linda Hynd Form Review Date 05/06/2013 11:55 AM 05/06/2013 01:49 PM 05/08/2013 10:11 AM Started On: 04/18/2013 12:52 PM Packet Page 167 of 313 AM-5696 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted By: Pamela Randolph Department: Wastewater Treatment Plant Committee: Parks, Planning, Public Works Type: Information Subject Title Final Contract Acceptance, WWTP Building Roof Replacement Action 8. K. Recommendation Authorization to pass to City Council a recommendation to issue Final Acceptance of the contract between the City and Kruger Sheet Metal for the successful completion of the WWTP Building Roof Replacement Project. Previous Council Action On August 21, 2012 Council voted to award the contract in the amount of $344,925 for construction of the project to Kruger Sheet Metal. Narrative On September 9, 2012 Krueger Sheet Metal was given the notice to proceed with construction. During the course of the contract, Change Order #1 was signed. The change order modified the insulation material that was required on two buildings (lowering costs) and added new drains and drainage equipment (increasing costs). The overall budgetary impact was an increase to the project by $411.00. The change was a result of a contractor initiated request and unforeseen circumstances. Substantial completion of the work was granted February 1, 2013 and physical completion was on April 4, 2013. Construction was completed for $345,336, which includes the change order of $411. Inbox City Clerk Mayor Finalize for Agenda Form Started By: Pamela Randolph Final Approval Date: 05/08/2013 Form Review Reviewed By Date Linda Hynd 05/06/2013 11:55 AM Dave Earling 05/06/2013 01:48 PM Linda Hynd 05/08/2013 10:11 AM Started On: 04/18/2013 01:17 PM Packet Page 168 of 313 AM-5691 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 30 Minutes Submitted For: Leif Bjorback, Building Official Department: Building Committee: Parks, Planning, Public Works Subject Title Title 19 Building Code Updates Submitted By: Leif Bjorback Tyne: Action Information 8. L. Recommendation The new International 2012 Building Codes take effect State-wide July 1, 2013. The Building Official recommends that this come before the full Council by June 4th for Council adoption and approval. Previous Council Action None Narrative The 2012 International Codes, as amended by the State, become effective on July 1, 2013. This is a regular update cycle that occurs every 3 years in the State. The proposed revisions to Title 19 will adopt the 2012 codes along with the state amendments. In addition, there are a number of Edmonds -specific amendments proposed to the language of the ECDC to eliminate redundancies, delete superseded code provisions and simplify the format. Very few substantial changes are being proposed at this time. The most substantive proposed change involves the deletion of provisions for the building Board of Appeals in lieu of the hearing examiner process. Rationales for all changes are tracked in the comments column of the attached document. Title 19 Update Draft Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: Leif Bjorback Final Approval Date: 05/09/2013 Attachments Form Review Date 05/09/2013 01:53 PM 05/09/2013 03:53 PM 05/09/2013 04:09 PM Started On: 04/17/2013 02:23 PM Packet Page 169 of 313 Title 19 BUILDING CODES Chapters: 19.00 Building Code......................................................................................... 3 19.05 Residential Building Code..................................................................... 16 19.10 Building Permits — Earth Subsidence and Landslide Hazard Areas ...... 17 19.15 Mechanical Code and Fuel Gas Code .................................................... 31 19.20 Plumbing Code....................................................................................... 32 19.25 Fire Code................................................................................................ 33 19.30 Energy Code........................................................................................... 39 19.35 Repealed................................................................................................. 39 19.40 International Property Maintenance Code ............................................. 40 19.45 International Code Council Performance Code ..................................... 41 19.50 International Existing Building Code .................................................... 41 19.55 Electrical Code....................................................................................... 42 19.60 Moving Buildings.................................................................................. 43 19.65 Marinas.................................................................................................. 44 19.70 Fees................................................................................................... 46/48 19.75 Street Names and Address Numbering .................................................. 50 Tn 4nBoard C n e319................................................................................... c7� I Comment [BL1]: See comments within 19.85 Penalties.............................................................................................. 56.1 document. 19.90 Limitation of Benefited and Protected Classes ...................................... 57 19.95 Conversion Condominiums................................................................... 57 19-1 (Revised ) Packet Page 170 of 313 19.00.000 Chapter 19.00 BUILDING CODE Sections: 19.00.000 Purpose. 19.00.005 Referenced codes. 19.00.010 Conflict between codes. 19.00.015 Administrative provisions. 19.00.020 International Building Code adopted. 19.00.025 International Building Code section amendments. 19.00.030 Architectural design review — Optional vesting. 19.00.040 Excluding nonconforming religious building from certain requirements. 19.00.000 Purpose. The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the city of Edmonds. It is not the purpose or intent to create or designate any particular class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any individual. [Ord. 3796 § 1, 2010]. 19.00.005 Referenced codes. Where the following codes are referenced within any of the codes adopted and amended in this title, they shall be substituted as follows: A. "International Building Code" shall mean the building code as adopted and amended in this title. B. "International Residential Code" shall mean the residential building code as adopted and amended in this title. C. "International Mechanical Code" shall mean the mechanical code as adopted and amended in this title. D. "International Fuel Gas Code" shall mean the fuel gas code as adopted in Chapter 19.27 RCW and in accordance with the mechanical code as adopted and amended in this title. E. "International Fire Code" shall mean the fire code as adopted and amended in this title. F. "Uniform Plumbing Code" shall mean the plumbing code as adopted and amended in this title. G. "Washington State Energy Code" shall mean the energy code as adopted and amended in this title. H. The "National Electrical Code" shall mean the electrical code as adopted and amended in this title. I. "International Existing Building Code" shall mean the existing building code as adopted and amended in this title. (Revised ) 19-2 Packet Page 171 of 313 Edmonds Community Development Code 19.00.025 J. "International Property Maintenance Code" shall mean the property maintenance code as adopted and amended in this title. K. "International Code Council Performance Code" shall mean the performance code as adopted and amended in this title. [Ord. 3796 § 1, 2010]. 19.00.010 Conflict between codes. In case of conflict among any of the codes referenced in ECDC 19.00.005 asnd adopted and subsequently adepted--arnendedjby this chapter, the first named code shall govern over Comment [1y2]: Editorial. those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply. [Ord. 3796 § 1, 2010]. 19.00.015 Administrative provisions. The administrative provisions contained in Chapter 1 of the International Building Code as adopted and subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in ECDC 19.00.005(A), (B), (C), (D) and (F), unless otherwise indieated required to meet the purpose of the �o& [Ord. 3796 § 1, 20101_ Comment [1y3]: Fditorial 19.00.020 International Building Code adopted. The International Building Code (IBC), 2009-2012 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters E, G, H, I and J. [Ord. 3796 § 1, 2010]. 19.00.025 International Building Code section amendments. The following sections of the IBC are hereby amended as follows: A. Section 104.3, Notices and Orders, is amended to read: The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. B. Section 105.1.1, Annual Permit, is deleted. C. Section 105.1.1, Demolition Permits, is added and shall read: Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is established pursuant to Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not 19-3 (Revised ) Packet Page 172 of 313 19.00.025 be released until the building official determines the following requirements have been completed: 1 Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. 2 Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12- inch diameter. Debris left on site shall conform to IBC Section 1804.2 for clean fill. 3 Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No debris of any kind may be placed or maintained on street right-of- way (including alleys) without a permit issued pursuant to Chapter 18.60 or 18.70 of the Edmonds Community Development Code. 4 Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water meter, utilities, rockeries, retaining walls, etc, in accordance with this code and the City's engineering requirements. 5 Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent as verified by a special inspector. "Structural fill" is defined as any fill placed below structures, including slabs, where the fill soils need to support loads without unacceptable deflections or shearing. Structural fill shall be clean and free draining, placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. 6 Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC. D. Section 105.1.2, Annual permit records, is deleted. E. Section 105.2, Work exempt from permit, is replaced as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant's responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless required by the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC: 1. Building (general): (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. (Revised ) 19-4 Packet Page 173 of 313 Edmonds Community Development Code 19.00.025 (b) Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. (c) Movable cases, counters and partitions not over five (5) feet nine (9) inches high. (d) Retaining walls 4 feet (1,219 mm) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, unless: I Supporting a surcharge; or II Impounding Class I, II, III -A liquids; or III Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (e) Rockeries (f) Water tanks supported directly upon grade if the capacity does not exceed 5000 �__ —� Comment [BL4]: IBC and IRC say 5000. This is gallons and the ratio of height to diameter or width does not exceed two (2) to one a correction to match the state codes. 0 ). (g) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. (h) Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. (i) Temporary motion picture, television and theater stage sets and scenery. (j) Shade cloth structures constructed for nursery or agricultural purposes. (k) Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. (1) Swings and other playground equipment accessory_^ an eGGYp G� _ Comment [lys]: we have no regulations to cover these regardless of location. (m) Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. (n) Repair of appliances which do not alter original approval, certification, listing or code. (o) Replacement or adding new insulation with no drywall removal or placement 19-5 (Revised ) Packet Page 174 of 313 19.00.025 (p) Replacement or repair of existing gutters or downspouts (q) The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC: I. Replacing the panel on a previously permitted existing wall cabinet or pole sign, II. Repainting an existing previously permitted wood sign, III. Painted or vinyl lettering on storefront windows, IV. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, V. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, VI. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. I(r) Television antennas less than thirty nine (39) inches in dinme+erl Comment[ly6]: We do not have a standard under which we could regulate and inspect antennas. 2. Mechanical: (a) Portable heating, ventilation, cooling, cooking or clothes drying appliances. (b) Replacement of any n Rampart[ that does not alter approval of equipment or - Comment [BL7]: change to match IBC. make such equipment unsafe. (c) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. (d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. (d) Portable evaporative cooler. (f) Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motor of one (1) horsepower or less. 3. Plumbing: (a) The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the replacement of defective material shall be done with new material and a permit obtained and inspection made. (b) Reinstallation or replacement of approved prefabricated plumbing fixtures that do not involve or require the replacement or rearrangement of valves or pipes _, — Comment [BLa]: New exemption. Replacement of most plumbing fixtures will be exempt from permit. This has been our informal policy for a number of years. (Revised ) 19-6 Packet Page 175 of 313 Edmonds Community Development Code 4. Residential permit exemptions: In addition the following exemptions apply for single family dwellings: (a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15) feet. Vehicle storage structures, such as garages and carports, are not exempted except as set forth in ECDC 19.05.010 (E)(33) for canopies. (b) Window awnings supported by an exterior wall and do not project more than fifty-four (54) inches from the exterior wall and do not require additional support. ECDC Title 23 provisions shall not apply to such awnings. (c) Sport courts less than 2,000 square feet. (d) Dock repair of individual decking members. ECDC Title 23 provisions shall not apply. (e) Replacement or repair of existing exterior siding. ECDC Title 23 provisions shall not apply. (f) Replacement or repair of existing windows or doors provided; no alteration of structural members is required, the replacement would not require installation of safety glazing, the installation does not affect egress requirements. ECDC Title 23 provisions shall not apply. Minor like -for -like drvwall repairs not involvina fire -rated assemblies (gh) Replacement or repair of individual decking, joists, Stair stair treads, or inter mediate rails. ECDC Title 23 provisions do not apply. (i) Uncovered platforms, decks, patios, not exceeding 200 square feet in area, that are not more than thirty (30) inches above grade at any point, are net attaGhed to a Band do not serve the exit door required by IRC Section R311.4. (j) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. (k) Reroof overlays, except that all existing layers of roofing must first be removed if the existing material is wood shake, slate, clay, cement or asbestos tile, or where the existing roof has two or more applications of any type of �roofind. 19-7 19.00.025 (Revised ) Comment [BL9]: New exemption. Work this minor should not require a permit, especially for residential. Comment [Iy10]: This is redundant with 1(g). Comment [BL11]: Attachment to the building is a technicality that places most of these minor decks within category of requiring a permit. Since the potential hazard is low for these minor decks, no permit should be required just because it is attached to the house. Comment [BL12]: New exemption. Work this minor should not require a permit, especially for residential. Packet Page 176 of 313 19.00.025 F. Section 105.3.2, Time limitation of permit application, is amended to read: 1. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 360 days except as allowed within this section. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees._ 4. The Building Official may extend the life of an application if any of the following Comment [BL13]: New language allowing for extenuating conditions exist: circumstances. (a) Compliance with the State Environmental Policy Act is in progress; or b) Anv other Citv review is in oroaress: provided. the applicant has submitted a complete response to City requests or the Building Official determines that unique or unusual circumstances exist that warrant additional time for such response, and the Buildina Official determines that the review is oroceedina in a timelv manner toward final City decision; or (c) Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application. G. Section 105.3.3, Fully complete application, is added and reads: In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant's rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all required intake fees, including -but not _ _ Comment [BL14]: Editorial limited to building permit foes and plan review fees required under the provisions of this chapter and code. (Revised ) 19-8 Packet Page 177 of 313 Edmonds Community Development Code 19.00.025 H. Section 105.3.4, Concurrent review, is added and reads: An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to additional full plan review fees; provided further, that any applicant -initiated changes made after the original plan review is complete shall also require payment of full plan review fees. I. Section 105.5, Permit expiration and extension, is amended to read: 1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.02-5d0251(2). 2. The following permits shall expire by limitation, 180 days after issuance and may not be extended, unless they are associated with a primary building permit for a larger construction protect, in which case they may run with the life of the primary erml : comment [BLls]: This clan ties what is already in practice. Demolition permits required by ECDC 19.00.030; Permits for Moving Buildings required by Chapter 19.60 ECDC; Mechanical permits; Tank removal, tank fill, or tank placement permits; Grading, excavation and fill permits; Water service line permits; Plumbing permits; Gas piping permits; Deck and dock permits; Fence permits; 19-9 (Revised ) Packet Page 178 of 313 19.00.025 Re -roof permits; Retaining wall permits; Swimming pool, hot tub and spa permits; Sign permits; Shoring permits; Foundation permits. 3. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. # the plans and s oifioafions fnr the n mif GFigiRal permit appliGation aR ^Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one hatf uarte the ordinal building permit fee to extend the permit._ 4. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended_ for a third and final In lies i of permit foes for the third year extension,eofinn foes shall he nharoed for the r s erk based on the n mher of required inspeGtiORG rernaiRing for then eGt for all „it„ deparfinent, ]PeZr i� fees shall be charged at a rate of one quarter the original building permit fee to extend the permit. 5. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or Building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004 the time limit periods imposed under this section shall also be stayed until final decision. (Revised ) 19-10 Comment [BL16]: Unnecessary language. Comment [BL17]: Renewal fee should be reduced to lessen the financial burden on the applicant. The associated costs to the City would still be covered at this rate. Comment [1y18]: This is no longer valid. Sunset date of 2/27/2011 Comment [BL19]: This provides a simpler method to calculate this fee. Packet Page 179 of 313 Edmonds Community Development Code 6. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and Building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. K. Section 107.3.3, Phased approval, is amended to read: 1. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. 2. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. 3. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. L. Section 108, Temporary Structures and Uses, is deleted. M. Section 110.3.3, Lowest floor elevation, is amended to read: In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. Prior to final inspection approval, the building official shall require an elevation certificate based on finished construction prepared and sealed by a State licensed land surveyor. N. Section 113, Board of Appeals, is deleted and replaced by. Chapter- 19.90 hGpc 19-11 19.00.025 (Revised ) Comment [ly20]: This language is unnecessary. If a permit expires it no longer has any validity and a new application is required. You cannot recommence work on an expired permit, since it is not valid. You need a new permit and new permits are reviewed under current codes. Comment [BL21]: Maintaining a Board of Appeals is a burdensome task and the process more cumbersome than the hearing examiner, which has been the process in place since 2002 in this city. There have been very few building code appeals over the years, making it difficult to justify the creation and maintenance of a BOA. See Chapter 19.80 which is proposed for deletion. Packet Page 180 of 313 19.00.025 All appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the City's Hearing Examiner as established by Chapter 18.70.030(E) ECDC. O. Section 501.2, Address Identification, is amended to read: Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure. P. Section 1612.1.1, Residential Structures, is added and reads: Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded from the 50 percent calculation. Q. Section 3103, Temporary Structures, is deleted. R. Section 3108.1.1, Radio, television and cellular communication related equipment and devices, is added and reads: A permit shall be required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. S. Section 3109.1, Applicability and maintenance, is amended to read: 1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. 2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean and sanitary condition and all equipment shall be maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry (Revised ) 19-12 Packet Page 181 of 313 Edmonds Community Development Code 19.00.025 and/or not maintained in a clean and sanitary condition or its equipment in accord with manufacturers recommendations shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. T. Section 3109.3, Public Swimming Pools, is deleted. U. Section 3109.4, Residential Swimming Pools, is deleted. V. Section 3109.6, Location and Setbacks, is added and reads: Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. 1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. 2. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. W. Section 3109.7, Tests and cross -connection devices, is added and reads: 1. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. 2. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. X. Section 3109.8, Wastewater disposal, is added and reads: A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. 1. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub -soil drain. 2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. Y. Section 3109.9, Inspection requirements, is added and reads: The appropriate city inspector shall be notified for the following applicable in- spections: 1. Footing, wall, pre -form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. 19-13 (Revised ) Packet Page 182 of 313 19.00.025 2. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. 3. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. Z. Section 3403.2.1, Residential Structures, is added and reads: Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of State or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. AA. Appendix E, Accessibility Requirements, is amended by deleting Sections E107, E108, El10 and El11. BB. Appendix G, Flood -Resistant Construction, is amended by addition of new section: Section G301.1(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres, whichever is less. CC. Appendix H, Signs, is amended as follows: 1. Section H101.2, Signs exempt from permits, is replaced by subsection (E)(1)(q) of this section. 2. Section H101.2.1, Prohibited signs, is added and reads as follows: a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. (Revised ) 19-14 Packet Page 183 of 313 Edmonds Community Development Code 19.00.030 d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. 3. Sections H104, Identification, H106.1.1, Internally illuminated signs, H107, Combustible materials, H108, Animated devices, H109.1, Height restrictions, and HIM, Roof signs, are deleted. [Ord. 3845 § 6, 2011; Ord. 3796 § 1, 2010]. 19.00.030 Architectural design review — Optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010 and subject to architectural design board (ADB) review may, at the applicant's option, file a fully complete augmented archi- tectural design review application (hereinafter "augmented ADB application") and vest rights including applicable permit, development and impact fees under the provisions of the ECDC and the State Building Code as adopted and amended by the city of Edmonds, this title as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accom- panied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or State Building Codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the building code then in effect to determine type of construction and occupancy classifications of the IBC and IFC as those codes then in effect. 5. A building permit application, as described in IBC Section 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC Section 107, as the same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final ADB approval, or final approval on appeal. B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: 1. The burden shall be upon the applicant to supply all material required by the pro- visions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the development services director or designee. Vesting shall occur only when 19-15 (Revised ) Packet Page 184 of 313 19.00.040 the application is deemed complete by the development services director. Failure to sup- plement an incomplete application within 90 days of final ADB approval shall result in for- feiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. a. The development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.025 as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final ADB approval, the applicant shall file the plans and information required by IBC Section 107. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered "minor" and shall for- feit vesting rights, and shall require the filing of a new application: a. Any substantial change not required by the terms of ADB approval. b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by Land Use Petition Act. C. The rights vested by ECDC 19.00.025(G) (Section 105.3.3 of IBC as amended) and this section refer only to zoning and building code rights protected by RCW 19.27.095. D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obliga- tions and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: 1. The city council's authority to create local improvement districts. 2. The city council's authority to legislate life safety requirements that are not required to recognize existing vested rights. 3. Environmental and shorelines review and mitigation procedures. [Ord. 3796 § 1, 2010]. 19.00.040 Excluding nonconforming religious building from certain requirements. Existing legal nonconforming churches, synagogues, mosques and other buildings used for religious observance (hereinafter "church" or "churches") are hereby excluded from any requirement of the State Building Code which would be triggered by a change of use as spe- cifically limited and set forth herein: (Revised ) 19-16 Packet Page 185 of 313 Edmonds Community Development Code 19.00.040 A. This change in use exclusion is limited solely to a change in use for the provision of emergency housing to the homeless and other indigent persons. The term "emergency" shall mean the housing of indigent and homeless persons when the ambient temperature is forecast by the National Weather Service to be below 33 degrees for a four-hour overnight period or when wind chill, violent storms or other inclement conditions present a direct threat to the lives of homeless and other indigent persons without shelter. Such danger could include, but is not limited to, the threat presented by carbon monoxide poisoning for persons attempting to take shelter in cars or other vehicles with the motor running. B. In order to claim this exclusion, a church shall: 1. Be a legal nonconforming structure prior to the provision of emergency housing for the homeless and indigent. In the alternative, a church may establish that it has previously provided overnight housing to members of its congregation or the public in emergencies, for educational, religious or other purposes. 2. Maintain a "fire watch." The term "fire watch" shall mean the maintenance during all times when indigent housing services are provided of a watch by paid staff or volunteers who shall, on premises, monitor for fires or violations of no smoking prohibitions. At least one fire monitor shall be provided for each eight persons housed. 3. Provide an operational smoke detection system. 4. Prohibit the smoking of tobacco or similar products on the premises and prohibit the use of any open flame in the area in which the homeless or indigent persons are temporarily housed. 5. Maintain clear and unobstructed means of egress. Exits must not be locked in the direction of egress unless a special egress control device is installed in accordance with the building code. C. The application of this exclusion is intended to fulfill the city's obligation to provide flexibility and consider reasonable alternatives in the application of the rigid requirements of the State Building Code. The building official is directed to avoid technical inflexibility, to consider the use of any reasonable alternative which would provide the minimum protections required either under the State Building Code or this exclusion and to be flexible when considering alternative approaches to the specific requirements set forth above. All decisions by the building official shall be in writing and articulate the public interest to be served as well as an analysis of the alternatives. D. These provisions are for the purpose of providing for and promoting the health, safety and welfare of the general public. See Chapter 19.90 ECDC, Limitation of Benefited and Protected Classes. [Ord. 3796 § 1, 2010]. 19-17 (Revised ) Packet Page 186 of 313 19.05.000 Chapter 19.05 RESIDENTIAL BUILDING CODE Sections: 19.05.000 International Residential Code adopted. 19.05.010 Chapter 1 not adopted. 19.05.020 Section amendments. 19.05.030 Manufactured home installation standards. 19.05.000 International Residential Code adopted. The International Residential Code (IRC), 2009-2012 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-51 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters A, B, C, G K, R and S. [Ord. 3819 § 1, 2010; Ord. 3796 § 2, 2010]. 19.05.010 Chapter 1 not adopted. Chapter 1 is not adopted, except as provided for in 19.00.015. See ECDC1s ^�r5. [Ord. 3796 § 2, 2010]. 19.05.015 Othel Chapters not adopted. _ _ _ Comment [BL22]: The IRC is designed to be a complete ChM ters 11, 20, 21d Part VII Plumblri and Part VIII Electrical are not ado ted. code for residential including plumbing and electrical, however, p , an� p plumbing and electrical are regulated by other adopted codes. 19.05.020 Section amendments. The following sections of the IRC are hereby amended as follows: A. Table R301.2(1), Climatic and Geographic Design Criteria, is amended with the following criteria: 1. Ground Snow Load = 25 psf 2. Wind Speed(d) = 85 mph 3. Topographical effects(k) = No 4. Seismic Design Category(f) = 02D1 Comment [BL23]: Previously mistaken as beingD2. DI is less hazardous and less restrictive. 5. Weathering(a) = moderate 6. Frost Line Depth(b) = 18 inches 7. Termite(c) = slight to moderate (Revised ) 19-18 Packet Page 187 of 313 Edmonds Community Development Code 19.05.030 8. Winter Design Temp(e) = 27 degrees F 9. Flood Hazard(g) = NFIP adoption 3/26/74. FIRM maps 11/8/99 10. Ice Shield Underlayment(h) = not required 11. Air Freezing Index(i) = 0-1000 12. Mean Annual Tempo) = 50 degrees F B. Section R324, Automatic fire sprinkler system, is added and reads: An automatic fire sprinkler system is required for buildings containing five (5) or more attached dwelling units. Refer to ECDC 19.25.040. C. Appendix S — Section AS107.1, Fire Sprinklers. An approved automatic fire sprinkler system shall be installed in new one -family and two-family dwellings and townhouses exceeding 3,000 square feet of fire area, and in accordance with Appendix R. - Comment [BL24]: Sunset language no longer [Ord. 3819 § 2, 2010; Ord. 3796 § 2, 2010]. needed. 19.05.030 Manufactured home installation standards. A. Permit Regulations. 1. Chapter 296-150M WAC, as currently promulgated together with any future amendments thereof, or future additions thereto, is hereby adopted. The building official is authorized to issue building permits and collect permit fees for the installation of all manufactured homes that meet the requirements of this chapter, to inspect the installation of manufactured homes, and enforce all violations of this chapter. 2. All references to "installation permits" in Chapter 296-150M WAC, as herein adopted by reference, shall refer to building permits issued for the installation of manufac- tured homes. 19-19 (Revised ) Packet Page 188 of 313 Edmonds Community Development Code 19.05.030 3. Fees for the installation of a manufactured home shall be set forth in Chapter 19.70 ECDC. All other applicable development fees shall also be imposed as with any other single-family residence. 4. Mobile homes shall be permitted only within designated mobile home parks. 5. Pursuant to added RCW 35.21.897, 35A.21.310, 36.01.220, and amended RCW 35.63.160 and 1998 c 239 s 1, homes built to 42 USC Sections 5401 through 5403 standards (as amended in 2000) shall be regulated for the purposes of siting, in the same manner as site -built homes, factory - built homes, or homes built to any other approved state construction. 6. Manufactured homes to be placed within the city shall not be older than three calendar years from the date of complete permit application submittal. The applicant is required to provide the vehicle identification number (VIN) information. 7. All spaces measured from the underside of the home to finished grade shall be enclosed with a decorative skirting. 8. Manufactured homes shall be thermally equivalent to the current State Energy Code. 9. The minimum manufactured home size shall be at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long. 10. Coated metal, tin, or vinyl roofing material is not permitted. 11. Manufactured homes shall comply with all other development standards of this code. [Ord. 3796 § 2, 2010]. 19- (Revised ) Packet Page 189 of 313 (Revised ) 19- Packet Page 190 of 313 19.10.000 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS Sections: 19.10.000 Statement of purpose and application. 19.10.010 Section amendments. 19.10.020 Definitions. 19.10.030 Minimum required application submittals. 19.10.040 Site posting notice, disclosures, declarations, covenants and waivers. 19.10.050 Site bonds and contractor general public liability insurance. 19.10.060 Review to determine compliance with engineering practice and best available science. 19.10.070 Issuance and denial of permits. 19.10.080 Site access, professional/special inspection, monitoring during construction and final geotechnical report. 19.10.000 Statement of purpose and application. A. This chapter has been enacted in order to provide both substantive and procedural provisions relating to the issuance of permits within designated earth subsidence and landslide hazard areas of the city. It shall be the policy of the city that no permit shall be issued for any site which is found to be unsuitable for improvement due to excessively steep slopes, unsatisfactory foundation support, instability or unsuitable topography for the particular permit requested for issuance. When development occurs on an unstable site, an unreasonable risk of danger may exist to the public, to public improvements or to adjacent property owners. If such a site can be stabilized through the construction of on -site improvements, that risk may be reduced. B. The construction of professionally designed structures addressing the risks of earth movement, and employing feasible attendant measures (including but not limited to drainage improvements, specially designed foundations, retaining walls, removal of over- burden and other improvements designed to minimize the risk of earth movement, prevent avoidable damage to structures, safeguard adjacent properties, limit risk to inhabitants, and to stabilize the structure in the event of movement) may mitigate and reduce the risk of earth movement on individual properties. Nothing herein shall relieve an owner of any obligation imposed by the State Building Code or city ordinance to take all reasonable and practical measures available to reduce or eliminate the risk or hazard. C. The IRC/IBC, as promulgated by the state of Washington and required to be adopted by the city, does not specify a standard regarding lot stability. Since the city's request for an interpretation of the International Building Code by the State Building Code Council to designate an acceptable level of lot stability was denied, and because the city wishes to comply with state law requiring that the issuance of building permits be a ministerial and not a discretionary act, the provisions of this chapter have been adopted in order to provide reasonable certainty in the permit issuance process. The purpose of these provisions is not to lessen the minimum requirements of the current adopted building code, but rather to define its requirements for city implementation. (Revised) 19-22 Packet Page 191 of 313 Edmonds Community Development Code 19.10.010 D. These provisions have been adopted in order to establish a policy that permits shall not be issued for any site where a substantial risk of earth subsidence and landslide hazard exist unless: 1. The risks can be defined with reasonable scientific certainty and found to be within acceptable limits as determined in accordance with this chapter. 2. Any hazard associated with the site is scientifically ascertained and fully disclosed through the permit process. 3. Notice of any risk is given to future purchasers through the land records of Sno- homish County. 4. Any risks associated with construction and habitation are assumed by the builder and future owners of the site. 5. Adequate indemnification is provided by the builder, and the owner, of the site in order that the general public not assume or bear any portion of the costs or liability associ- ated with the builder's investigation, design and construction as well as the continuing maintenance of the site by the property owner. E. Notwithstanding any contrary provision of this chapter or the IRC/IBC, all applications for permits received for any site, any portion of which lies within an earth subsidence and landslide hazard area, shall be governed by the provisions of this chapter. In addition to all other requirements of these sections, the restrictions and provisions of this chapter shall apply to all building, grading, fill and excavation permits (herein "permits"). Minor permits such as plumbing, mechanical, re -roof and interior alterations are exempt from the requirements of this chapter. F. All applications for permits under this chapter shall disclose within the geotechnical report whether or not any part of the site lies within or adjacent to an earth subsidence and landslide hazard area or within a critical area as defined by the city's environmentally criti- cal areas title. The building official may require preliminary investigation by a geotechnical engineer for any applicant whose property lies within or lies adjacent to a known earth subsidence landslide hazard area, or within a known hazard area, or areas with steep slopes or unusual topography or which has a history of earth movement in order to assist the building official in determining whether these provisions should be applied. G. Nothing in this chapter should or shall be interpreted to guarantee issuance of a permit with respect to any property unless the requirements of the IRC/IBC as amended and interpreted by this chapter have been met. [Ord. 3651 § 1, 2007]. 19.10.010 Section amendments. The provisions of this section amend the 2003 Edition of the IRC/IBC and all subsequent revisions adopted by RCW 19.27.031 as the State Building Code as previously amended by Chapter 19.05 ECDC. All prior substantive amendments have received the approval of the State Building Code Council. All provisions of the IRC/IBC which conflict with this chapter shall be deemed amended hereby, and any ambiguity created shall be resolved in favor of the specific provision or general intent of said chapter. In addition to the amendments of the IRC/IBC by its alteration, improvement and correction to incorporate the chapter, the following specific code provisions are amended and the substantive and procedural requirements of this chapter are amended by the correction and alteration of the following sections of the IRC/IBC: 19-23 (Revised) Packet Page 192 of 313 19.10.010 A. Chapter 1, Administration. 1. Section R105.1.1 Permit review applicability. Any permit requested for a site lying in whole or in part within an earth subsidence and landslide hazard area as defined by ECDC 19.10.020(F) shall be processed and acted upon in accordance with the provisions of Chapter 19.10 ECDC. 2. Section R105.2 Work exempt from a permit. ECDC 19.00.010-025E 1 exemptions A(a), €L!21, 13j!jj, €Lej, €u, Gam, dj�, k4Lkj, ML, and P-and ECDC 19.0500.940-025EW exemptions Au, Gam, Viand 1- shall not apply in any_ area designated as an earth subsidence and landslide hazard area as defined in ECDC 19.10.020(F). 3. Section R105.3.2 Time limitation of permit application. a. Applications, for which no permit is issued within two (2) years following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. b. The building official may not extend the time for action by the applicant on an expired application. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on current adopted codes and pay new plan review fees as well as any outstanding peer review fees incurred to date. 4. Section R105.5 Permit expiration and extension. a. Every permit issued under the provisions and development standards of Chapter 19.10 ECDC shall expire by limitation two (2) years after issuance, except as provided in ECDC 19.00.005(A)(6)(b). b. Prior to expiration of an active permit the applicant may request in writing an extension for a third and final year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. c. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full fees, in order for the applicant to complete work. The issuance of a new permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with the Land Use Petition Act, the time limit periods imposed under this section shall also be stayed until final decision. (Revised ) 19-24 Comment [BL25]: Revised to show correct references Comment [BL26]: This is a more accurate list of existing exemptions. No appreciable change Packet Page 193 of 313 Edmonds Community Development Code d. The building official shall reject requests for permit extensions if modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit, and modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. 5. Section R105.5.1 Recommence work on an expired permit. a. In order to recommence work on an expired permit, a new permit application with full fees shall be submitted to the building official. b. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect at the time of complete application for the new permit, not the expired permit. When additional plan review is required, plan review fees shall be charged. When applicable, peer review and peer review fees shall be assessed. 6. Section R106.3.3.1 Phased approval. a. The building official may require sequencing of construction phases or activities such as the installation of shoring or temporary erosion control remedies and/or drainage systems, well in advance of grading or foundation construction on a time frame consistent with geotechnical recommendations and peer review. As part of the sequencing process, the building official may impose permit conditions that address site work sequencing to include but not be limited to: limiting all excavation, drainage systems and foundation installation to the drier season between May 1st and September 30th. b. When permit conditions such as groundwork are limited by the building official on a particular project, the applicant's geotechnical engineer may submit a letter detailing geotechnical recommendations that portions of work may progress. The letter shall include a detailed work schedule submitted by the general contractor specifying work to be done, timeline, provisions for monitoring and equipment to be used. Any such recommendation shall be based upon best available science and be consistent with standard geotechnical engineering practice. The building official may require a peer review prior to a decision which provides concurrence regarding at least the following issues: i. Duration of work, ii. Type of equipment to use, iii. Additional temporary erosion and sediment control provisions required, and iv. Applicability of special inspections, and similar issues. c. The building official may issue partial permits for phased construction before the entire plans and specifications for the whole building or structure have been approved provided peer review approval has been granted. Phased approval 19.10.010 19-25 (Revised) Packet Page 194 of 313 19.10.020 means separate permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer, and city public works director, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements (including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage) have been signed as approved by the city engineer. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. B. Chapter 2, Definitions. 1. Section R202 and IBC 202 are hereby amended to include the definitions set forth in ECDC 19.10.020, incorporated by this reference as fully as if herein set forth. C. Chapter 4, Foundations. 1. Section R401.1 General Exception 3. Any permit requested for a site lying in whole or in part within an earth subsidence and landslide hazard area shall be processed and acted upon in accordance with the provisions of Chapter 19.10 ECDC. D. IBC Chapter 16, Structural design. 1. Section IBC 1601.1.1 Scope. Setting forth the requirements of Chapter 19.10 ECDC, incorporated by this reference as fully as if herein set forth. E. IBC Appendix J, Grading. 1. Section IBC Appendix J 101.1.2, Scope. Setting forth the requirements of Chapter 19.10 ECDC, incorporated by this reference as fully as if herein set forth. [Ord. 3651 § 1, 2007]. 19.10.020 Definitions. The following terms, when used within this chapter, shall have the following definitions: A. "Architect" shall mean a person licensed to practice architecture by the state of Wash- ington. B. "Best available science" shall be determined in accordance with the criteria estab- lished in WAC 365-195-900, et seq. C. `Bluff' shall mean any slope 10 feet in height or greater inclined at greater than one unit vertical in one unit horizontal or 100 percent slope. D. "Building official' shall mean the building official of the city of Edmonds. E. "Director" shall mean the director of development services as well as any authorized representative of the director. F. "Earth subsidence and landslide hazard area" shall mean any area of the city which, by reason of excessively steep slopes, unsatisfactory foundation support, stability or topogra- (Revised ) 19-26 Packet Page 195 of 313 Edmonds Community Development Code 19.10.020 phy, has a risk of earth subsidence and landslide hazard in excess of normal allowances. The earth subsidence and landslide hazard area is a subcategory of "landslide hazard area" (a geologically hazardous area) as defined in city of Edmonds environmentally critical areas title (ECDC Title 23). The hazard area designated as the North Edmonds Earth Subsidence Landslide Hazard Area in the 2007 report of Landau Associates and as may be amended in future adopted earth subsidence and landslide hazard maps are hereby incorporated by this reference and made a part of this chapter as fully as if herein set forth and may be provided in a summary text form. Future adopted landslide hazard maps shall be incorporated by reference upon adoption by ordinance. Areas designated on the adopted North Edmonds Earth Subsidence and Landslide Hazard Areas Map, or any future adopted landslide hazard map, as having a risk of earth subsidence or landslide hazard, areas with slopes as designated in ECDC 23.80.020, areas which exhibit geologic characteristics of earth movement, or any other area identified as having a history of earth movement shall be presumed to have such risk and shall be considered to be an earth subsidence and landslide hazard area. Applicants for permits in such areas shall submit a geotechnical report and complete plan set submittal as required by this chapter to the building official for review. The presumption of risk shall be rebuttable and the decision of the director or building official that any area lies within, or adjacent to, such earth subsidence and landslide hazard area shall be appealable as a staff decision to superior court in accordance with the Land Use Petition Act. Copies of the reports and maps shall be maintained in the offices of the building official and shall be available for inspection during all normal working hours. Individual copies of the reports and map may be obtained by the public upon the payment of the cost of reproduction. G. "General contractor" shall mean a bonded, insured and registered contractor in the state of Washington. A general contractor shall maintain state -required bonding and shall carry general public liability insurance in the minimum amount of $1,000,000. The general contractor shall have a current valid state contractor's license with the state of Washington and a city of Edmonds resident or nonresident business license, whichever is applicable. H. "Geologist" means a practicing geologist licensed in the state of Washington with at least four years' experience as a licensed geologist in responsible charge, including experi- ence with landslide evaluation. I. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer in the state of Washington who has at least four years of pro- fessional employment as a geotechnical engineer in responsible charge, including experience with landslide evaluation. J. "Landslide hazard areas" means areas mapped or otherwise defined by the city of Edmonds as environmental critical areas or geologically hazardous areas. K. "Land surveyor" means a person who holds a Washington State land surveyor's license. L. "Lead design professional" means the person designated by the applicant to oversee and coordinate the permit review process on behalf of the applicant. M. "Plan set submittal" means a complete application pursuant to ECDC 19.00.015 including: 1. Vicinity map. 2. Topography map and survey. 19-27 (Revised) Packet Page 196 of 313 19.10.030 3. Civil plans including grading, temporary erosion and sediment control, storm drain- age, utilities and site improvements. 4. Tree cutting/land clearing plans. 5. Geotechnical report. 6. Architectural and structural plans with design calculations, stamped and signed by licensed design professionals of the state of Washington. N. "Site" means the entire area within the boundaries, as described in a legal description, of the property that is to be developed under the permit for which the applicant has applied. O. "Stable" shall mean that the risk of damage to the proposed development, or to adja- cent properties, from soil instability is minimal subject to the conditions set forth in the reports developed under the requirements of ECDC 19.10.030 and the proposed development will not increase the potential for soil movement. In the event that any site has an underlying risk of movement based upon deep-seated earth movement or large-scale earth failure which is not susceptible to correction by on -site improvements, such hazard shall not render a site proposed for single-family residences to be presumed unstable for the purpose of this provision if the geotechnical engineer of record and recommendation of any peer reviewer confirm the risk of probability of earth movement is 30 percent or less within a 25-year period. In order to meet the definition of "stable" the geotechnical report shall include identified hazards for the property and the mitigation measures proposed to reduce or correct the hazards along with measures taken to mitigate potential impacts from the remaining hazards, including all on- and off -site measures taken to correct or reduce the risk. These shall be fully disclosed to the applicant and future owners, heirs and assigns in the covenant required to be executed in accordance with provisions of this chapter, in which case the defined risk may be approved as an acceptable condition. P. "Steep slope" shall be defined and calculated pursuant to Chapter 23.80 ECDC. Q. "Storm event" means one inch or greater precipitation in a 24-hour period as reported by the National Oceanic and Atmospheric Administration (NOAA). R. "Structural engineer" means a person licensed to practice structural engineering by the state of Washington. S. "Structural fill" shall mean any fill placed below structures, including slabs, where the fill soils are intended to support loads without unacceptable deflections or shearing. Structural fill should be clean and free -draining and should be placed above unyielding native site soils compacted in accordance with an approved geotechnical report prepared utilizing best engineering science. [Ord. 3651 § 1, 2007]. 19.10.030 Minimum required application submittals. A. The applicant shall submit a complete plan set submittal and permit application and specifications for the proposed development as defined in ECDC 19.10.020(M) and this chapter. B. An earth subsidence and landslide hazard area permit submittal checklist shall be adopted at the direction of the director and shall be provided to all persons inquiring re- garding building permit applications or development permits in the designated earth subsidence and landslide hazard area of North Edmonds. The submittal checklist shall in- clude but not be limited to the requirements contained in city public handouts, written pol- (Revised) 19-28 Packet Page 197 of 313 Edmonds Community Development Code 19.10.030 icies, adopted maps, reference maps, summary reports, minimum geotechnical report guide- lines, and the following: 1. North Edmonds Earth Subsidence and Landslide Hazard Map. 2. Vicinity map. 3. Topographic map and survey. 4. Civil plans (i.e., grading, temporary erosion and sediment control, storm drainage, utilities and site improvements). 5. Tree cutting/land clearing plan. 6. Geotechnical report. 7. Owner and professional declarations. 8. Detailed architectural and structural plans with structural calculations and specifi- cations. 9. Bonds, covenants and contractor public liability insurance in accordance with the detailed requirements stated below. If any item in the checklist is inapplicable to a particular project, a letter or a report shall be provided to the director stamped by the appropriate licensed design professional, with sufficient information or data to demonstrate why the item is inapplicable. The director may utilize appropriate licensed consultants to determine if generally accepted engineering practice requires submission of an application requirement. When consultants are used to determine if generally accepted engineering practice requires submission of an application requirement, the cost of review shall be paid by the applicant. C. A copy of the North Edmonds Earth Subsidence and Landslide Hazard Map shall be included in the submittal checklist materials. D. The vicinity map shall be suitable for locating the site and include information related to existing conditions on or near the site, based on the topographic map and survey and shall designate all known landslide masses, or debris flows or mud flows on or near the site which could threaten proposed structures within 100 feet, as referenced, noted, described or discussed in the geotechnical report. E. The applicant shall submit a topographic map and survey prepared and stamped by a licensed land surveyor, prior to studies and evaluations by the geotechnical engineer, and shall show: 1. Map scale, north arrow, legal description, tax account parcel numbers, easements, and lot property lines. 2. Existing grade contour lines, at two -foot intervals. 3. All distances between existing structures on the site and approximate distances of existing habitable structures on adjacent sites within 50 feet of property lines (all adjacent sites which could affect or be affected by the proposed development shall be shown). 4. Lowest footing or basement slab elevation of existing and proposed structures on the property and on adjacent properties to the extent that such information is reasonably available, and proposed finish floor elevations. 5. The location of existing sanitary sewers, stormwater drainage facilities, septic tanks, drain fields, wells, piezometers, private drainage systems, underground storage tanks, subsurface drains, and other sewer/drainage facility components on, and adjacent to, the site to the extent such information is reasonably available. 6. The location of all existing underground utilities on, and adjacent to, the site including, but not limited to, telephone, cable television, gas, electric and water utilities, 19-29 (Revised) Packet Page 198 of 313 19.10.030 vaults, fire hydrants and other cables, wires, meters and drainage pipes to the extent that such information is available. 7. A separate topographical drawing shall be submitted showing proposed grade contours at two -foot intervals. This drawing shall include the bottom of proposed footing elevations including all stepped footing elevations. F. Civil -engineered plans shall be prepared and stamped by a state of Washington licensed civil engineer pursuant to the provisions of Chapter 18.30 ECDC and current adopted city stormwater manual. Geotechnical report recommendations affecting civil plans shall be incorporated into the design and detailed on the plans and shall include: 1. Storm drainage plan with storm drainage calculations. 2. Provisions for building pad and foundation drainage. 3. Temporary erosion and sediment control with drainage and maintenance provisions, and/or other sediment control assemblies. 4. Permanent erosion control with drainage and maintenance provisions. 5. Fill/soil stockpile limitation provisions, specific location, height, protection and maintenance. 6. Slope protection plans, rockeries, retaining walls, ecology blocks, keystone block walls, soldier pile walls, and soil nail walls. 7. Utilities and site improvements. 8. Grading plans, temporary and permanent shoring plans, top and toe of slope set- backs, driveway slope. G. In lieu of the procedural requirements of Chapter 18.45 ECDC, a tree cutting/land clearing plan shall be submitted when significant trees are proposed to be removed. A significant tree is a tree with a trunk diameter of six inches or greater measured four feet from the ground. No significant tree shall be removed until the permit is approved. A detailed landscape plan may also be required in order for the city to evaluate long-term erosion control measures. The plan shall comply with all requirements of the ECDC relating to tree clearing and critical areas review, if applicable. The director may require the project geotechnical engineer's concurrence regarding an approval of a tree cutting/land clearing plan when slope stability is at issue. H. Included in the permit submittal checklist shall be general and specific soils and geo- technical information, details or analysis required pursuant to IBC 1802. The applicant shall retain a geotechnical engineer to prepare a report and evaluation of the subsurface soil conditions on the site to include: 1. The geotechnical report shall be prepared in accordance with generally accepted geotechnical engineering practices, under the supervision of, and signed and stamped by, the geotechnical engineer. A geologist may be required to be part of the geotechnical consulting staff. The report shall reference the Landau Associates Summary Report (2007) as a technical document reviewed as part of the geologic analysis for the project and discuss all items listed in the permit submittal checklist and shall make specific recommendations concerning development of the site. 2. The opinions and recommendations contained in the geotechnical report shall be supported by field observations and, where appropriate or applicable, by literature review, conducted by the geotechnical engineer. The report shall be based on best available science. 3. The report shall include an analysis of material gathered through appropriate explorations, such as borings or test pits to a minimum depth of six feet below the proposed lowest footing or pile, an analysis of soil characteristics conducted by or under the (Revised) 19-30 Packet Page 199 of 313 Edmonds Community Development Code 19.10.030 supervision of the engineer in accordance with the standards adopted by the American Society of Testing and Materials (ASTM) or other applicable standards. The report must provide subsurface data to support the engineer's conclusions regarding slope stability. 19-31 (Revised ) Packet Page 200 of 313 Edmonds Community Development Code 19.10.040 4. If the evaluation involves geologic evaluations or interpretations, the report shall be reviewed and approved by a geologist. It shall be the responsibility of the geotechnical engineer to assure that the geologist meets the qualifications listed in ECDC 19.10.020. A letter of concurrence from the geologist shall be included in the report. 5. Based upon the North Edmonds Landslide Area Geology and Slide Mechanisms map and table found in the Landau Associates Summary Report (2007), any lot which contains any portion of any hazard zone or is adjacent thereto (regardless of whether the proposed building pad is located within any hazard area) shall specifically consider within the geotechnical report the following types of typical hazard zones and shall specifically note if the hazard is, or is not, present on the site. The report shall address hazards from encroaching landslide materials, hazards from ground failure in material that has not previ- ously failed, and hazards from ground failure in previously failed material. For each land- slide hazard identified on a property, the geotechnical engineer shall identify the types of specific processes associated with the hazard and include design features to reduce such hazards and mitigate impacts. 6. For properties containing or adjacent to bluffs, the geotechnical engineer shall, as a part of the building permit process, provide analysis of the rate of retreat of the bluff pre- pared by a geologist and estimate the bluff retreat amount and regression rate for periods of 25 and 125 years. The geotechnical engineer shall address the effects of bluff retreat on the stability of structures and/or improvements. A "structure" is defined as: a. A building intended for human habitation, b. A building, structure or other improvement whose stress or weight, collapse or movement would endanger public safety in the event of slope failure, and c. Any improvement on the site which is necessary to mitigate danger to public safety or provide stability. If the bluff retreat rate analysis shows that the rate of retreat of the bluff is such that any structure or improvement constructed pursuant to the building permit would be unrea- sonably endangered or reasonably could be anticipated to be endangered by landslide or earth subsidence during its normal useful life, the application shall be denied. 7. Geotechnical letter addressing the provisions of Chapter 23.80 ECDC. I. The applicant shall submit, consistent with the findings of the geotechnical report, detailed structural plans with corresponding calculations prepared and stamped by the structural engineer of record. When architectural plans incorporate such structural details, said plans shall be stamped and signed by the structural engineer of record. All other archi- tectural plans may be prepared by an architect, designer, builder or lay person. J. The applicant shall submit documentation of required bonds, frozen funds or adequate instrument of credit. The applicant shall submit a copy of the contractor's general public liability insurance pursuant to ECDC 19.10.050. K. The applicant shall submit declarations, disclosures, covenants and waivers as required by ECDC 19.10.040. [Ord. 3651 § 1, 2007]. 19.10.040 Site posting notice, disclosures, declarations, covenants and waivers. A. Notices of permit submittal application with the city shall be posted pursuant to ECDC 20.03.002. Such notices shall be conspicuously posted and maintained at each street frontage. Notice of permit issuance or denial shall be conspicuously posted as required above. Upon each posting a 10-day appeal period shall commence. Appeals shall be to the 19- (Revised ) Packet Page 201 of 313 Edmonds Community Development Code 19.10.040 Snohomish County superior court in accordance with the Land Use Petition Act, and no other appeal shall be permitted. 19-33 (Revised ) Packet Page 202 of 313 19.10.040 (Revised ) B. At permit application submittal, the applicant shall submit a written declaration with the permit application that includes the statement that the accuracy of all information is warranted by the owner/applicant in a form which relieves the city and its staff from any liability associated with reliance on such submittals. The declaration shall also state that the owner/applicant understands and accepts the risk of developing in an area with potential unstable soils and that the owner/applicant will advise in writing any prospective purchasers of the site, or any prospective purchasers or residential lessees of structures or portions of a structure on the site, of the slide potential of the area. The owner/applicant shall also acknowledge that he, she or they understand and accept the need for future monitoring and maintenance of the property as described in the final geotechnical report when future monitoring and maintenance may affect slope stability over time. While an application may reference the reports of prior public consultants to the city, all conclusions shall be those of the owner/applicant and his or her professionals. C. The plan set submittal shall include a disclosure letter from the geotechnical engineer and civil engineer who prepared the geotechnical report and civil plans, stating that in his or her judgment the plans and specifications submitted for the project conform to the recommendations in the geotechnical report, and that the risk of damage to the proposed development, or to adjacent properties, from soil instability will be minimized subject to the conditions set forth in the report, and the proposed development will not increase the potential for soil movement. "Minimized" shall mean that the applicant has utilized best available science and com- monly accepted engineering and architectural practice to minimize, to the extent possible, the risks associated with development of the property. The geotechnical engineer shall review the erosion and sediment control plan and provide a statement about the adequacy of the plan with respect to site conditions and report find- ings. The geotechnical engineer's statement shall also include an identification of landslide hazards applicable to the site, the on -site measures taken to correct or reduce the hazards, as applicable, and measures taken to mitigate potential impacts from the remaining hazards. For sites where the hazards are not mitigated or where the risks from deep-seated or large-scale earth movement cannot be practically reduced by individual lot owners, the geotechnical engineer shall prepare a statement identifying what design measures will be taken to mitigate the risk to structures, adjacent properties, and inhabitants in the event of deep-seated or large-scale movement. The statement shall specify any risks from earth movement that are not fully mitigated by design measures and render an opinion as to whether the site will be stable within the meaning of this chapter following installation of all proposed improvements. The statement will clarify to current and future owners what measures were installed to reduce risks and what hazards could not be addressed by individual lot development. D. Further recommendations signed and sealed by the geotechnical engineer shall be provided should there be additions or exceptions to the original recommendations based on the plans, site conditions or other supporting data. If the geotechnical engineer who reviews the plans and specifications is not the same engineer who prepared the geotechnical report, the new engineer shall, in a letter to the director accompanying the plans and specifications, express agreement or disagreement with the recommendations in the geotechnical report and state that the revised plans and specifications conform to the new recommendations. 19- Packet Page 203 of 313 Edmonds Community Development Code 19.10.050 E. The plan set submittal shall include a disclosure letter or notation on the design drawings by the structural engineer of record stating that he has reviewed the geotechnical report(s), that he understands its recommendations, has explained or has had explained to the owner/applicant the risk of loss due to slides on the site, and that he has incorporated into the design the recommendations of the report and established measures to reduce the potential risk of injury or damage that might be caused by any risk of earth movement refer- enced in the report. The statement shall note any risks, hazards, and potential problems from earth movement that are not fully mitigated by design measures. F. The owner shall execute a covenant (in a form provided by the city) to be submitted with the application (with necessary fee) to be filed with the Snohomish County auditor. The director shall cause such completed covenant to be so filed. A copy of the recorded covenant shall be forwarded to the owner. This covenant shall be a covenant running with the land, which shall at a minimum include: 1. A legal description of the property. 2. A statement explaining that the site is in a potential earth subsidence and landslide hazard area, that the risk associated with the development of the site is set forth in permit file No. with the city of Edmonds building department, that conditions or prohi- bitions on development may have been imposed by the city in the course of permit issuance, and referencing any features in the design which will require maintenance or modification to address anticipated soil changes. The covenant may incorporate by reference the statements and conditions to be observed in the form proposed by the owner/applicant's geotechnical engineer, geologist, architect and/or structural engineer as approved after the review set forth in ECDC 19.10.060. 3. A statement waiving and promising to indemnify and hold harmless the city of Edmonds, its officers and employees from any claims the owner/applicant and his/her successors or assigns may have for any loss or damage to people or property either on or off the site resulting from soil movement and arising from or out of the issuances of any permit(s) authorizing development on the site, as well as due to any act or failure to act by the indemnitor, its agents or successors, in interest under or following issuance of the permit. 4. The date of permit issuance and permit number authorizing the development. [Ord. 3817 § 9, 2010; Ord. 3736 § 36, 2009; Ord. 3651 § 1, 2007]. 19.10.050 Site bonds and contractor general public liability insurance. A. Site Bonding Requirements. 1. A surety bond, in an amount to be determined by the director, executed by a surety company authorized to do business in the state of Washington shall be posted by the owner/applicant or general contractor to assure the restoration of any areas on the site, or in the surrounding area, disturbed or damaged by slides during construction, and to ensure completion of the work authorized by the permit, or, if the work is not completed, to assure that the site will be restored to a safe and stable condition at least equal to the safety and stability of the site prior to commencement of work under the permit. The bond will be exonerated upon occupancy approval of the building permit by the building official. 2. In lieu of the surety bond, the owner/applicant or general contractor may propose to file a cash deposit or an instrument of credit with the director in an amount equal to that which would be required in the surety bond, and similarly conditioned. 19- (Revised ) Packet Page 204 of 313 19.10.050 B. Public Liability Insurance. The general contractor of record shall carry general public liability insurance effective through final occupancy in the minimum amount of $1,000,000, and which shall name the city as an additional named insured, against the injury, death, property damage and/or loss arising from or out of the city's involvement in the permitting process for the project. (Revised ) 19-36 Packet Page 205 of 313 19.10.060 C. Homeowner Insurance. The city strongly recommends that each property owner maintain policies of liability insurance, adequate to provide sufficient funds, to indemnify and hold harmless third parties in the event of earth subsidence or landslides emanating from or across the owner's property. [Ord. 3651 § 1, 2007]. 19.10.060 Review to determine compliance with engineering practice and best available science. A. The city shall require professional peer review of the plan set submittals accompany- ing the permit application by a civil engineer, geotechnical engineer, geologist, and/or struc- tural engineer as may be necessary and determined by the building official or director, in order to determine whether the plan set submittals were prepared in accordance with gen- erally accepted engineering practice or the practice of the particular engineering or design specialty and are based upon best available science. The full cost of such peer review shall be paid in full by the owner/applicant within 30 days of billing by the city. Failure to make timely payments shall result in a stay of city plan review services on the application. B. This requirement may be selectively waived at the discretion of the director, provided the applicable project geotechnical engineer, civil engineer or structural engineer provides written concurrence, determination, details, facts and/or data that individual site conditions warrant an exemption from outside peer review. Once waived, the building official shall not be required to inquire further into the adequacy of any report, plans, or data, but rather may rely upon the submittals as warranted by the owner/applicant as reviewed by the city's consultant. Nothing herein shall relieve the owner/applicant of the obligation to submit a complete application fulfilling all the requirements of this chapter and the IRC/IBC. C. The final recommendation of the peer review regarding whether a submittal complies with generally accepted practice and/or is based on best available science shall be binding upon the building official. Such recommendation may be appealed to superior court under the Land Use Petition Act. [Ord. 3651 § 1, 2007]. 19.10.070 Issuance and denial of permits. A. Permit Issuance. The following requirements must be satisfied before a permit will be issued: 1. An approved geotechnical report has been submitted and approved. 2. Plans and specifications have been submitted incorporating the recommendations of the geotechnical report and said plans have been approved. 3. The required declarations, disclosures, covenants and waivers have been submitted and approved. 4. Required bonds, cash deposits and public liability insurance have been posted with the city. 5. When peer review has been required, all submittals have been determined to have been prepared in accordance with generally accepted engineering practice. 6. Peer review concurrence for permit issuance has been received by the building official. 7. All other provisions of ECDC Titles 16, 18 and 20 have been reviewed and approved by the appropriate city official. B. Permit Denial. The following criteria shall result in the denial of issuance of permit: (Revised ) 19- Packet Page 206 of 313 19.10.070 1. Building, grading and excavation permits for construction on land which the direc- tor finds to be unsuitable for improvement due to excessively steep slopes, unsatisfactory foundation support, instability or unsuitable topography, or 2. The resulting development would increase the potential of soil movement resulting in an unacceptable risk of damage to adjacent properties or an unreasonable risk of damage to the proposed development, or 3. Excessive flooding, seepage, high water table, or inadequate drainage, or 4. If the bluff retreat rate analysis shows that the rate of retreat of the bluff is such that any structure or improvement would be unreasonably endangered or reasonably could be anticipated to be endangered by landslide or earth subsidence during its normal useful life, the application shall be denied. A "structure" is defined as: a. A building intended for human habitation, b. A building, structure or other improvement whose stress or weight, collapse or movement would endanger public safety in the event of slope failure, and c. Any improvement on the site which is necessary to mitigate danger to public safety or provide stability, or 5.Other hazardous conditions posing an unreasonable risk to public health, safety, or welfare, or 6. Where the noted site dangers or geologic hazards are not minimized to the extent possible by the use of best available science and generally accepted engineering and archi- tectural practice, or 7. If the applicant's geotechnical engineer determines that there is a greater chance than 30 percent in a 25-year period that landslide damage on site will occur. C. In making a determination of permit denial, the director shall consider not only the land which is the subject of the application, but in addition, the surrounding area which would be adversely affected if the permit were granted. Permit denial shall be made in writing to the owner/applicant when the site cannot be rendered "stable" as defined in ECDC 19.10.020(0). This decision and other preliminary determinations as referenced herein shall be appealable to Snohomish County superior court in accordance with the Land Use Petition Act. No other appeal shall be permitted. The appeal period shall commence upon the date of mailing of any preliminary or final decision, or upon posting, if posting is the only notice a party with standing receives under the terms of this chapter. D. Prohibitions. Because of the relationship of groundwater to stability, the discharge of collected surface water or stormwater to the ground surface or subsurface is prohibited on sites within the earth subsidence and landslide hazard area. In addition, the following con- struction, buildings, or improvements are hereby prohibited within the earth subsidence and landslide hazard area: 1. Swimming pools or hot tubs. 2. Ponds or other artificial impoundments of water. 3. Watering or irrigation systems. 4. Temporary or permanent stockpile of fill on top or bottom of slopes. 5. Rockeries. E. Waiver. The prohibitions established in subsection (D) of this section shall apply unless the property owner requests a waiver based upon the written analysis of a geotechni- cal engineer which clearly establishes that the proposed improvement will have no reason- able likelihood of triggering or otherwise contributing to any landslide hazard or earth (Revised) 19-38 Packet Page 207 of 313 Edmonds Community Development Code 19.10.080 subsidence risk either on the site or in the neighboring earth subsidence or landslide hazard area. In any review or appeal of the director's or building official's denial of a waiver to con- struct an otherwise prohibited improvement, the burden of proof shall always be upon the applicant to establish by a clear preponderance of the evidence that no such risk will be cre- ated by the improvement. Any geotechnical engineering report provided in any review shall consider not only the risk incurred due to or during construction of the otherwise prohibited improvement, but also the potential impacts due to failure to maintain the improvement, damage through reasonably foreseeable events such as earthquakes or other acts of God, or the reasonably foreseeable negligence of the owner or future owners. The director may utilize peer review consultants. [Ord. 3651 § 1, 2007]. 19.10.080 Site access, professional/special inspection, monitoring during construction and final geotechnical report. A. Site Clearing and Grading. The owner/applicant or contractor shall secure the building official's approval before entering an earth subsidence and landslide hazard area site with excavating or other grading and clearing equipment to clear, remove trees or grade for any purpose including the creation of access to the site. The building official may condition such access approval if site conditions are warranted and when discretionary approval permits are required. As part of the approval process the building official may impose conditions that address site work issues; such measures could include but are not limited to limiting all excavation and drainage installation to the drier season between May and the end of September, or sequencing activities such as the installation of drainage systems well in advance of construction. Requests for early site access in advance of building permit approval or in the time period between October 1st and April 30th for any purpose shall be submitted to the building offi- cial accompanied by written concurrence of the owner/applicant's geotechnical engineer of record. The building official may utilize peer review consultants to determine whether the request is based on generally accepted engineering practice and is reasonable with regard to time -frame to complete the work, types of equipment proposed to perform the work, length of exposure of slopes, and adequacy of site monitoring and temporary erosion control measures. When such peer review is utilized, the applicant is responsible for the peer review fee. B. Reporting Authority. The owner/applicant shall retain a geotechnical engineer to monitor the site during construction. The owner/applicant shall preferably retain the geotechnical engineer who prepared the final geotechnical report in the plan set submittal and who has reviewed the approved plans and specifications. If a different geotechnical engineering consultant is retained by the owner/applicant, the new geotechnical engineer shall submit a letter to the director stating that he or she has read all reports and recommendations and reviews to date and state whether or not he or she agrees with the opinions and recommendations of the original geotechnical report and peer review comments. Further recommendations, signed and sealed by the new geotechnical engineer, and supporting data shall be provided should there be exceptions or changes to the original recommendations that would affect the approved plans. C. Construction Monitoring, Special Inspections. 19-39 (Revised ) Packet Page 208 of 313 19.10.080 1. Inspection Requirements. During the period from October 1st to April 30th, when on site, the owner/applicant or designated erosion sedimentation control (ESC) site supervisor shall perform erosion and sedimentation control inspections. Records of installed ESC facilities shall be maintained by the erosion and sedimentation control supervisor and copies of all ESC records shall be provided to city inspectors upon request. ESC facilities on inactive sites (sites where no work will be performed for more than three consecutive days) shall be inspected weekly by the erosion and sedimentation control supervisor. During all other times of the year, weekly inspections by the ESC site supervisor are required and shall be recorded. 2. Weekly Field Reports. The geotechnical engineer shall monitor, during construc- tion, compliance with the recommendations in the geotechnical report including: site excavation, shoring, temporary erosion control, soil support for foundation, piles, subdrainage installation, soil compaction and other geotechnical aspects of the construction. Unless otherwise approved by the director, the specific recommendations contained in the geotechnical report shall be implemented by the owner/applicant. Omissions or deviations from the approved geotechnical report and civil plans shall be highlighted to the city in a separate report. All reports shall be submitted to the city on a weekly basis for review. Failure to submit required reports may result in the issuance of a stop work order. (Revised ) 19-40 Packet Page 209 of 313 Edmonds Community Development Code 19.10.080 3. Storm Events. During all work periods, special inspections shall be performed after "storm events" as defined in ECDC 19.10.020(Q). The storm event report shall be provided within one week of the event. D. Final Construction Report. The geotechnical engineer of record shall prepare a final written report to be submitted to the building official stating that, based upon his or her pro- fessional opinion, site observations and final site grading, the completed development sub- stantially complies with the recommendations of the geotechnical report and with all geotechnical-related permit requirements as shown on the approved plans. "Substantially complies" means that the completed development offers at least the level of stability and safety, on- and off -site, as was afforded by the original recommendations and report. Recommendations to the owner/applicant shall be included in the report for future monitoring and maintenance of the property including drainage, tightlines, catch basins, berms, retaining wall drainage, hazard mitigation improvements, slopes, bluffs, vegetation, and permanent erosion control that affect slope stability over time. Occupancy of the residence shall not be granted until the report has been reviewed and accepted by the building official. [Ord. 3651 § 1, 2007]. 19- (Revised ) Packet Page 210 of 313 19.15.000 Chapter 19.15 MECHANICAL CODE AND FUEL GAS CODE Sections: 19.15.000 International Mechanical Code adopted. 19.15.005 Amendments. 19.15.010 International Fuel Gas Code adopted. 19.15.015 Amendments. 19.15.000 International Mechanical Code adopted. The International Mechanical Code (IMC), 2009-2012 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC, and as subsequently amended by this chapter is hereby adopted. [Ord. 3796 § 3, 2010]. 19.15.005 Amendments. Chapter 1 is not adopted, except as provided for in 19.00.015. SeeEGDC= ls n�1-5. [Ord. 3796 § 3, 2010]. 19.15.010 International Fuel Gas Code adopted. The International Fuel Gas Code, 2009-2012 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC inclusive of NFPA 54 and 58, and as subsequently amended by this chapter, is hereby adopted. [Ord. 3796 § 3, 2010]. i o� 5 Amy provided fef in t n nn ni 5.See EEDC ' n�5. [Ord 3 796 § Comment [BL271: Redundant (Revised ) 19-42 Packet Page 211 of 313 19.20.000 Chapter 19.20 PLUMBING CODE Sections: 19.20.000 Uniform Plumbing Code adopted. 19.20.005 Amendments. 19.20.010 Evidence of potable water. 19.20.000 Uniform Plumbing Code adopted. The Uniform Plumbing Code (UPC), 2009-2012 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council in Chapter 51-56 WAC, and as subsequently amended by this chapter, provided that any provisions that affect fuel gas piping are not adopted, is hereby adopted. [Ord. 3796 § 4, 2010]. 19.20.005 Amendments. A. Chapter 1 is not adopted, except as provided in 19.00.015. roe > CDC 19.00.015. B. See fi n 1014, Grease traps and inter-ee ter-. is deleted coo !'9,apte« 7.90 �G Comment [BL28]: These plumbing code sections need to he adopted since they provide the standards referenced by 7.90 ECC. The provisions therein are D. Seefien 1017, Oil and flammable liquids inter-eeptor-s, is deleted. regulated by Waste Water Pretreatment and not the E. Chapter 12, Fuel piping, is deleted. Building Division. F. Chapter 15, Firestop protection, is deleted. [Ord. 3796 § 4, 2010]. 19.20.010 Evidence of potable water. Prior to the issuance of any building permit for new development, the building official shall require substantive evidence of an adequate potable water supply from the purveyor of water to the site for which a building permit is requested. For those areas lying within the service area of the city of Edmonds water utility, the notification from a duly authorized representative of the city's water utility shall be sufficient; provided, nothing herein shall be interpreted to prevent the city or any of its water purveyors from declaring a moratorium or other water emergency limiting or otherwise restricting the availability of adequate potable water. Applicants relying on a well shall provide a copy of applicable state approval for the appropriation and a current test of water quality by a qualified laboratory. [Ord. 3796 § 4, 20101. (Revised ) 19- Packet Page 212 of 313 19.20.010 Chapter 19.25 FIRE CODE This chapter not included in this document. It will be updated separately by Fire Marshal. (Revised ) 19- Packet Page 213 of 313 Edmonds Community Development Code 19.30.000 Chapter 19.30 ENERGY CODE Sections: 19.30.000 State Energy Code adopted. 19.30.000 State Energy Code adopted. The Washington State Energy Code, 2409-2012 Edition, as adopted and amended by the Washington State Building Code Council in Chapter 51-11 WAC, is hereby adopted. [Ord. 3796 § 5, 20101. 19- (Revised ) Packet Page 214 of 313 19.30.000 (Revised ) Chapter 19.35 VENTILATION CODE (Repealed by Ord. 3796) 19-46 Packet Page 215 of 313 19.40.000 (Revised ) Chapter 19.40 INTERNATIONAL PROPERTY MAINTENANCE CODE Sections: 19.40.000 International Property Maintenance Code adopted. 19.40.005 Amendments. 19.40.000 International Property Maintenance Code adopted. The International Property Maintenance Code, 2009-2012 Edition, published by the International Code Council, is hereby adopted. [Ord. 3796 § 6, 2010]. 19.40.005 Amendments. A. Section 102.3, Application of other codes, is amended to read: Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the codes listed in 19.00.005. Nothing in this code shall be construed to cancel, modify or set aside any provision of the ECDC. B. Section 106, Violations, is deleted and replaced as follows: Violation of any provisions of this code are subject to the Civil Violation — En- forcement procedures in Chapter 20.110 ECDC. C. Sections 108.2, Closing of vacant structures, 108.3, Notice, 108.4, Placarding, 108.5, Prohibited occupancy, 108.6, Abatement methods, and 108.7, Record, are deleted and replaced by the provisions of Chapter 20.110 ECDC. D. Section 111, Means of Appeal, is deleted and replaced by ECDC 20.110.040(C). E. Section 302 is deleted. F. Section 303 is deleted. G. Section 308 is deleted. H. Section 309 is deleted. [Ord. 3796 § 6, 2010]. 19- Packet Page 216 of 313 Edmonds Community Development Code 19.45.000 Chapter 19.45 INTERNATIONAL CODE COUNCIL PERFORMANCE CODE Sections: 19.45.000 International Code Council Performance Code adopted. 19.45.000 International Code Council Performance Code adopted. The International Code Council Performance Code, 2009-2012 Edition, published by the International Code Council, is hereby adopted. [Ord. 3796 § 7, 2010]. 19- (Revised ) Packet Page 217 of 313 Edmonds Community Development Code 19.50.000 Chapter 19.50 INTERNATIONAL EXISTING BUILDING CODE Sections: 19.50.000 International Existing Building Code adopted. 19.50.000 International Existing Building Code adopted. The International Existing Building Code, 2009-2012 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapter A (Guidelines for the seismic retrofit of existing buildings) and Resource A (Guidelines on fire ratings of archaic materials and assemblies). [Ord. 3796 § 8, 2010]. 19-49 (Revised ) Packet Page 218 of 313 19.55.000 Chapter 19.55 ELECTRICAL CODE Sections: 19.55.000 National Electrical Code adopted. 19.55.005 When code effective. 19.55.010 Nonliability. 19.55.015 Conflicts — How resolved. 19.55.000 National Electrical Code adopted. Under the statutory authority of RCW 19.27.031 and 19.27.074, the National Electrical Code, 2008 2011 Edition, as published by the National Fire Protection Association, is hereby adopted as the electrical code for the city of Edmonds subject to the amendments made herein. The State of Washington Department of Labor and Industries, Electrical Inspection Section, Rules and Regulations for Installing Electric Wiring and Equipment and Administrative Rules, 2008 Edition, is hereby adopted as part of the electrical code of the city of Edmonds. [Ord. 3796 § 9, 2010; Ord. 3651 § 1, 2007]. 19.55.005 When code effective. If the state of Washington, through its duly designated electrical inspector or inspectors, for any reason fails to continue to inspect electrical installation, license the same or provide the standards, the provisions of the Edmonds electrical code as amended shall be applicable to all electrical installation in the city as if the state of Washington had not exercised jurisdiction of any kind. [Ord. 3796 § 9, 2010; Ord. 3651 § 1, 2007]. 19.55.010 Nonliability. This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or installing any electrical equipment for damages to anyone injured by a defect of the equipment, nor shall the city or its agent be held as assuming any such liability by reason of the inspection under this code or the certificate of inspection issued by the building department. [Ord. 3796 § 9, 2010; Ord. 3651 § 1, 2007]. (Revised ) 19.55.015 Conflicts — How resolved. If there is any conflict between the electrical code of the city, the National Electrical Code and/or the rules and regulations as set forth by the state of Washington for electric wires and equipment, then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. [Ord. 3796 § 9, 2010; Ord. 3651 § 1, 2007]. 19- Packet Page 219 of 313 Edmonds Community Development Code Chapter 19.60 MOVING BUILDINGS Sections: 19.60.000 Permit required. 19.60.005 Applicability. 19.60.010 Application requirements. 19.60.015 Pre -move inspection requirements and building upgrades. 19.60.020 Correction of defects. 19.60.010 19.60.000 Permit required. Any person who proposes to move an existing building into or through the city of Edmonds shall, before the move, apply for and obtain a moving permit from the building official. A moving permit is separate from, and in addition to, any and all other permits required to bring the moved building into compliance with current adopted codes and city regulations. Separate permit approvals for grading, shoring, foundation, remodeling, repair or alteration may be imposed to bring the building to current adopted code standards and zoning compliance for height and setbacks. [Ord. 3651 § 1, 2007]. 19.60.005 Applicability. Buildings or structures moved into or within the city shall comply with the provisions of this code including the current adopted editions of the following codes: International Building Code, International Residential Code, International Mechanical Code, Interna- tional Fire Code, Uniform Plumbing Code, Washington State Energy Code, Ventilation and and Indoor- Air- Quality C.-Rde, State Historic Building Code, Ua&r-fa 14atisingInternational Properly Maintenance Code, and applicable state WAC amendments. [Ord. 3651 § 1, 2007]_ 19.60.010 Application requirements. A. In order to obtain permits to move any building through, along, or across the streets or any public place within city limits, the building official shall determine permit submittal requirements which, at a minimum, shall contain: 1. Proposed route; 2. Location of any overhead utility lines or traffic signals along with their height along the route; and 3. Dimensions of building proposed to be moved. B. The permit application shall be reviewed by the building official, public works director, police chief, traffic engineer, fire department and any other affected city department. If the proposed moving will unduly interfere with the rights of the public as determined by the city engineer or designee, the permit shall be denied. Denial of the application by one department shall constitute denial of the permit by the city. C. A performance bond or frozen fund, pursuant to Chapter 17.10 ECDC, in an amount to be determined by the building official shall be posted prior to permit issuance guaranteeing the completion of all required site development improvements or site clean-up and/or repair 19- (Revised ) Comment [BL29]: Revised to reflect current codes. Packet Page 220 of 313 19.60.010 of damage to public property no later than 180 days after the permit is issued. The bond or frozen fund will be exonerated upon final project approval provided all required site restoration and/or improvements are installed, inspected and approved to city standards. D. The moving contractor shall be state licensed and carry general public liability insurance for the amount no less than $1,000,000, valid during entire building moving operations, and the insurance policy shall name the city as an additional named insured, against the injury, death, property damage and/or loss arising from or out of the city's involvement in the permitting process for the project. E. As a condition of obtaining a moving permit, the moving contractor shall assume all liability for any damage to public property by such moving operations. Repair of damage to any public property improvement shall be completed under a valid permit within 30 days of date of notice. Emergency repair work performed by city crews to repair damage to public improvements shall be charged against the moving contractor. [Ord. 3651 § 1, 2007]. (Revised ) 19-52 Packet Page 221 of 313 19.60.015 19.60.015 Pre -move inspection requirements and building upgrades. A. Upon application and payment of the building moving permit fee, the building official shall the applicant. Comment [BL30]: Editorial of the date and time of his etion. The pre -move inspection shall be made at the original location of the building before it is moved. B. The applicant shall remove from the building as much of the interior wall and ceiling coverings as is necessary in the judgment of the building official to conduct a thorough inspection of the wiring, plumbing and structural features of the building. The building official shall determine what structural, energy, ventilation, plumbing, mechanical and life - safety upgrades shall be imposed on any building moved into or within city limits in compliance with current adopted codes. Designated historic buildings are also subject to provisions of Chapter 19.50 ECDC. [Ord. 3651 § 1, 2007]. 19.60.020 Correction of defects. If, at or after the time of the inspection, the building official notifies the applicant that any portion of the building, electrical wiring or rough plumbing is in any way in violation of the ordinances of the city of Edmonds, so that compliance will require a replacement of any parts or materials used, then any defective parts or materials shall be removed from the building before it is moved. Any corrections required to comply with the ECDC, IBC and IRC shall be completed and inspected before final approval and occupancy is granted. [Ord. 3651 § 1, 20071. (Revised ) 19- Packet Page 222 of 313 19.60.020 Chapter 19.65 MARINAS This chapter is not included in this document. It will be updated separately by Fire Marshal. (Revised) 19-54 Packet Page 223 of 313 Edmonds Community Development Code Chapter 19.70 FEES Sections: 19.70.000 19.70.005 Scope. Payment fees. 19.70.010 of Schedule of permit fees. 19.70.015 Establishing building construction valuation. 19.70.020 Work commencing before permit issuance. 19.70.025 Refunds. 19.70.010 19.70.000 Scope. Fees associated with this title including plan review, permit, inspection and related devel- opment or mitigation fees are established by this chapter and as set forth in ECDC 15.00.020. Fees may be altered pursuant to city Resolution 997. [Ord. 3651 § 1, 2007]. 19.70.010 Schedule of permit fees. For buildings, structures, grading, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with this chapter and ECDC 15.00.020. Fee schedules are on file in the city clerk's office. A. Plan Review Fee. Before accepting a set of plans and specifications for plan review, the building official shall collect the full plan review fee. Plan review fees shall be in addi- tion to, and a percentage of, the required per- mit fee as calculated pursuant to ECDC 19.70.015. B. Permit Fee. Before issuing a building permit and releasing approved plans, the build- ing official shall collect the full building permit fees including supplemental required permit fees, inspection fees and any additional plan review fee or violation compliance fee, development fee or mitigation fee outstanding at the time of permit issuance. Building con- struction valuation shall be determined by ECDC 19.70.015. C. Inspection Fee. Inspection and reinspection fees shall be paid prior to any inspection by city staff. Inspection fees are established and set forth in this chapter. D. Related Development or Mitigation Fees. The payment of the fee for construction, alteration, removal or demolition done in connection, or concurrently with, the work autho- rized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. Fees for other permits or related development fees shall be as set forth in ECDC 15.00.020. [Ord. 3651 § 1, 2007]. 19-55 (Revised) Comment [ly31]: Redundant with provisions of IBC 109. Packet Page 224 of 313 19.70.015 19.70.015 Establishing building construction valuation. The applicant for a permit shall provide an estimated building construction valuation at time of application. Building construction valuation for the purpose of calculating permit fees shall include total value of work including fair -market labor and materials with equip- ment needed to complete the work, including but not limited to all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. If, in the opinion of the building official, the building construction valuation is underestimated on the application, the building official shall assign a building construction valuation. Permit valuation for new construction shall be based on square footage building construction valuation as established by the building official. [Ord. 3651 § 1, 2007]. 19.70.020 Work commencing before permit issuance. Any person who commences any work regulated by this title including work on a build- ing, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a violation compliance fee established by the building official pursuant to the city's fee schedule adopted by resolution that shall be in addition to the required permit fees. The violation compliance fee shall be collected whether or not a permit is then or subsequently issued. The payment of such violation compliance fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Violation compliance fees are set forth in this chapter. [Ord. 3651 § 1, 2007]. 19.70.025 Refunds. The building official may authorize refunding of any fee paid hereunder which was erro- neously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee on an expired permit. paid-e*eept €ems. Any application for a refund must be made in writing and describe the circumstances to justify. [Ord. 3651 § 1, 2007]. (Revised) 19-56 Packet Page 225 of 313 Edmonds Community Development Code 19.75.005 Chapter 19.75 STREET NAMES AND ADDRESS NUMBERING Sections: 19.75.000 Adoption of street name map and criteria. 19.75.005 Adoption of property and building numbering system and criteria. 19.75.010 Other street names and premises numbers prohibited. 19.75.000 Adoption of street name map and criteria. A. There is hereby established a uniform system of designating street names/numbers in the city of Edmonds. The street names/numbers are those depicted on that map entitled, "official street map," a copy of which has been authenticated by the mayor of the city and the attestation of the city clerk. The map and all explanatory matter on the map is re- adopted and affirmed and by this reference is incorporated herein as if set forth in full. Official street name/number designations are the responsibility of the city engineer. B. Pursuant to ECDC 18.50.030, any change to the name or number of any street on the official street map shall be by action of the city council approving an ordinance changing the official street map. C. The city engineer shall maintain and update the official street map and shall desig- nate/approve public and private street names/numbers in accordance with this chapter. All approved street names/numbers shall be forwarded to the United States Postal Service (USPS), public and private utilities, law enforcement agencies, emergency services providers, and other persons of new or corrected street names/numbers. The city engineer shall develop policies and guidelines for street names and numbers in accordance with the following guidelines: 1. New street designations shall be in accordance with the Snohomish County grid system and the official street map. 2. When descriptive street names (as opposed to numerical street designations) are allowed by subsection (C)(1) of this section, preference shall be for descriptive names with logical relationship to locale or geographic area, and avoidance of private individual names. 3. Facilitation of map reading and indexing to assist in rapid location of streets and addresses. 4. Avoidance of multiple and/or alternative names for single street sections and requirement of selection of a primary street designation to assist in the Enhanced 9-1-1 grid system for emergency services dispatching. 5. Any other appropriate and applicable standards concerning street and street designations as well as current department of public works policies, guidelines, or rules for naming public streets as determined by the director. [Ord. 3651 § 1, 20071. 19.75.005 Adoption of property and building numbering system and criteria. A. There is hereby established a uniform system for numbering properties, buildings and primary structures in the city of Edmonds. The official building and property address map depicting all issued property address numbers is maintained by the building official or designee. The building official assigns, maintains and corrects addresses for the city of 19-57 (Revised) Packet Page 226 of 313 19.75.010 Edmonds and shall notify the United States Postal Service (USPS), emergency services providers and other persons of new or corrected addresses. B. Addresses shall conform to the numerical grid system established by Enhanced 9-1-1. The number utilized by each building or property shall be that number within the system assigned by the building official. Addresses are assigned based on the location of the drive- way access or house frontage to a street and only one address is allowed per building on any lot. Numbers assigned during any previous numbering system that fit within the grid system are hereby ratified and shall remain in full force and effect. C. The building official shall require any address not in conformance or any address that poses any problem or confusion for safety and emergency response be changed within 30 days of written notification from the city of Edmonds. D. All owners or occupants of all buildings and structures in the city of Edmonds, other than garages or other similar buildings or structures of a secondary nature to the primary building or structure, shall affix and maintain the officially designated premises number to the building or structure pursuant to ECDC 19.00.005(B)(1). When topography or vegeta- tion may obscure vision from the street, the numerals shall be affixed as to be reasonably visible from the street. E. Where any commercial building, multiple -family residential structure, or other similar structure has more than one entrance serving separate occupants, a suite designation or apartment number shall be assigned to each entrance serving a tenant or resident in addition to the number assigned to the principal entrance of the building or structure. The unit designations shall be progressive as assigned in the progressive direction of the street and per the property numbering system approved by this code. F. All requests for a building or property address change shall be made in writing to the building official and all of the following conditions shall be present in order for the request to be approved: 1. An obvious error shall exist (i.e., the building was addressed off a street not associ- ated with the site, the building or property addresses are out of sequence, duplicate address exists), etc. 2. The existing address could delay fire, police or emergency services from finding the location in an emergency. 3. The fire department agrees the address change is necessary. [Ord. 3651 § 1, 2007]. 19.75.010 Other street names and premises numbers prohibited. It is unlawful for any owner or occupant of any premises, building or structure to display a street name or premises number other than those officially designated pursuant to the pro- visions of this chapter, subject to penalties per Chapter 5.50 ECC and Chapter 20.110 ECDC. [Ord. 3651 § 1, 2007]. (Revised) 19-58 Packet Page 227 of 313 Edmonds Community Development Code Chapter 19.80 19-59 19.80.010 (Revised) Comment [ly32]: This chapter is deleted as referenced in 19.00.025 N. The Board of Appeals has not been used since 2002. The concept of an appeals board was necessary prior to our current system of evaluation services offered by ICC-ES. Today few appeals of `building code interpretation' are likely and are logically heard by the Hearings Examiner, who can evaluate based upon the legal mandates of the code. This is consistent with the method used by the majority of Washington Packet Page 228 of 313 19.80.010 (Revised) 19-60 Packet Page 229 of 313 Edmonds Community Development Code 19.80.015 19-61 (Revised) Packet Page 230 of 313 19.80.020 (Revised) 19-62 Packet Page 231 of 313 Edmonds Community Development Code 19.80.020 19-63 (Revised) Packet Page 232 of 313 19.80.023 ..... .. . ..... . WIN IMNIM' (Revised ) 19-64 Packet Page 233 of 313 Edmonds Community Development Code 19.85.000 Chapter 19.85 PENALTIES Sections: 19.85.000 Applicability. 19.85.000 Applicability. The provisions of all adopted codes within this title shall be subject to penalties as described herein. It is unlawful for any person, firm, corporation or other organization to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person, firm, corporation or other organization violating any of the provisions of this title as adopted herein, or other provision of this chapter, shall be guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this title herein is committed, continued or permitted, and upon the conviction thereof of such violation, and each violation thereof such person, firm, corporation or other organization, and the officers, directors and managers thereof shall be punishable as set forth in ECC 5.50.020 and Chapter 20.110 ECDC. Nothing herein shall be interpreted to limit the discretion of the city to seek any other available civil, statutory or common law remedies. [Ord. 3651 § 1, 2007]. 19-65 (Revised ) Packet Page 234 of 313 19.85.000 (Revised ) 19-66 Packet Page 235 of 313 Edmonds Community Development Code 19.90.000 Chapter 19.90 LIMITATION OF BENEFITED AND PROTECTED CLASSES Sections: 19.90.000 Limitation of benefited and protected classes. 19.90.000 Limitation of benefited and protected classes. The building and supplemental codes adopted by this title are for the purpose of pro- viding for and promoting the health, safety and welfare of the general public. Nothing in this title shall be interpreted to create or otherwise establish any particular class or group of persons who will or would be especially protected or benefited by the adoption of any code in this title. [Ord. 3651 § 1, 2007]. 19-67 (Revised) Packet Page 236 of 313 19.95.010 Chapter 19.95 CONVERSION CONDOMINIUMS Sections: 19.95.010 Definitions. 19.95.020 Relocation assistance. 19.95.030 Violations. 19.95.040 Civil penalty. 19.95.050 Enforcement. 19.95.010 Definitions. The following words and phrases used in this chapter shall have the meaning set forth in this section: A. "Condominium" means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration and a survey map and plans have been recorded pursuant to this chapter. B. "Conversion condominium" means a condominium (1) that at any time before creation of the condominium was lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental agreement, oral or written, express or implied, for which the tenant or subtenant had not received the notice described in subsection (2) of this definition; or (2) that, at any time within 12 months before the conveyance of, or acceptance of an agreement to convey, any unit therein other than to a declarant or any affiliate of a declarant, was lawfully occupied wholly or partially by a residential tenant of a declarant or an affiliate of a declarant and such tenant was not notified in writing, prior to lawfully occupying a unit or executing a rental agreement, whichever event first occurs, that the unit was part of a condominium and subject to sale. "Conversion condominium" shall not include a condominium in which, before the effective date of the ordinance codified herein, any unit therein had been conveyed or been made subject to an agreement to convey to any transferee other than a declarant or an affiliate of a declarant. C. "Declarant' means any person who: 1. Executes as declarant the document, however denominated, that creates a condo- minium by setting forth the information required by RCW 64.34.216 and any amendments to that document; or 2. Reserves any special declarant right in the declaration; or 3. Exercises special declarant rights or to whom special declarant rights are trans- ferred; or 4. Is the owner of a fee interest in the real property which is subjected to the declara- tion at the time of the recording of an instrument pursuant to RCW 64.34.316 and who directly or through one or more affiliates is materially involved in the construction, mar- keting, or sale of units in the condominium created by the recording of the instrument; or 5. Undertakes to convert, sell, or offer for sale units in a conversion condominium. D. "Director" means the development services director or his designee. (Revised) 19-68 Packet Page 237 of 313 Edmonds Community Development Code 19.95.040 E. "Notice of conversion" means the 90-day notice pursuant to RCW 64.34.440(1) required to be given by the declarant or his agent to residential tenants and subtenants in possession of a portion of a conversion condominium. F. "Person" means a natural person, corporation, partnership, limited partnership, trust, association, or other legal entity. G. "Tenant" or "subtenant" means any person who occupies and has a leasehold interest in a rental unit under a lawful rental agreement, whether oral or written, express or implied. H. "Unit" means a physical portion of the condominium designed for separate ownership, the boundaries of which are described pursuant to RCW 64.34.216(1)(d). [Ord. 3651 § 1, 2007]. 19.95.020 Relocation assistance. A. Declarant shall pay relocation assistance of $500.00 per unit to tenants and subtenants who elect not to purchase a unit and who are in lawful occupancy for residential purposes of a unit, and whose monthly household income from all sources, on the date of the notice of conversion, was less than an amount equal to 80 percent of the monthly median income for comparably sized households in the Seattle -Everett Standard Metropolitan Statistical Area, as defined and established by the United States Department of Housing and Urban Development. B. The household size of a unit shall be based on the number of natural persons actually in lawful occupancy of the unit on the date of the notice of conversion. C. The tenant or subtenant actually in lawful occupancy of the unit shall be entitled to the relocation assistance. D. Relocation assistance shall be paid on or before the date the tenant or subtenant vacates and shall be in addition to any damage deposit or other compensation or refund to which the tenant is otherwise entitled. Unpaid rent or other amounts owed by the tenant or subtenant to the landlord may be offset against the relocation assistance. E. Rights of tenants and subtenants set forth in the notice of conversion pursuant to RCW 64.34.440(1) must set forth tenants' and subtenants' right to relocation assistance as pro- vided in this section. [Ord. 3651 § 1, 2007]. 19.95.030 Violations. It shall be a violation of this chapter for a declarant to fail or refuse to comply with the provisions of this chapter. Each tenant and subtenant who is subjected to a violation of the provisions of this chapter shall constitute a separate violation. Each day of violation shall constitute a separate violation. [Ord. 3651 § 1, 2007]. 19.95.040 Civil penalty. Any person who fails or refuses to comply with the provisions or requirements of this chapter shall be subject to a civil penalty in the amount of $100.00 per violation per day from the date that the violation is first committed until the declarant complies with the requirements of this chapter. [Ord. 3651 § 1, 2007]. 19-69 (Revised) Packet Page 238 of 313 19.95.050 19.95.050 Enforcement. A. Tenants and subtenants subjected to violations of the provisions of this chapter, or their agents, may file a complaint with the director. The director is authorized and directed to receive complaints and conduct such investigations as are deemed necessary such as contacting declarants and seeking explanation for apparent violations. B. Whenever it is determined that there has been a violation of this chapter, the director is authorized to pursue, at the director's discretion, enforcement of the code pursuant to the provisions of Chapter 20.110 ECDC. [Ord. 3651 § 1, 2007]. (Revised ) 19-70 Packet Page 239 of 313 AM-5749 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted For: Jeff Taraday, City Attorney Department: City Clerk's Office Committee: Public Safety, Personnel Submitted By: Sandy Chase Tyne: Action Information Subject Title Proposed changes to the Economic Development Commission Ordinance. Recommendation N/A Previous Council Action N/A 9. A. Narrative Council President Petso asked the City Attorney to draft revisions to Chapter 10.75 ECC to accomplish two things: 1. Allow for up to two city council members to be appointed as CEDC liaisons; and 2. Clarify that CEDC appointees may be removed and replaced by the applicable appointing elected official. Ordinance Amending Chapter 10.75 ECC Inbox Mayor Finalize for Agenda Form Started By: Sandy Chase Final Approval Date: 05/10/2013 Attachments Form Review Reviewed By Date Dave Earling 05/09/2013 05:14 PM Sandy Chase 05/10/2013 09:06 AM Started On: 05/09/2013 04:01 PM Packet Page 240 of 313 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO THE CITIZENS ECONOMIC DEVELOPMENT COMMISSION AND AMENDING CHAPTER 10.75 ECC; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, after review and discussion, the City Council has determined it appropriate to amend chapter 10.75 of the Edmonds City Code ("ECC") to revise certain provisions regarding appointments to the Citizens Economic Development Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10.75.010 of the ECC, entitled "Commission created — Membership — Term of appointments" is hereby amended to read as follows (new language is shown in underline; deleted language is shown in str4ekthr-eu ): Packet Page 241 of 313 10.75.010 Commission created — Membership — Term of appointments. A. There is hereby created a citizens economic development commission consisting of up to 17 members. The commission shall automatically expire December 31, 2015. B. The members of the commission shall be appointed in the following manner: 1. Each council member may appoint up to two members. 2. The mayor may appoint up to three members. 3. In the event that any eemmissionef resigns or- fails to attend three eonseeutiv eommission meetings, that position may be deemed vaeant by the holder of the effiee that appointed the eowm4ssioner- (e.g., mayor- or- eouneil member-) and sue off ee holder- .,, appoint a .placement c r fee- the remainder- of the Each commissioner serves at the pleasure of the applicable appointing official, who may remove and replace his or her qppointee(s) at any time without cause. 4. Elected government officials shall not be eligible for appointment to the commission; provided, that the city council president may appoint one up to two offs council members to serve as nonvoting, ex officio members of the commission; and further provided, that the Edmonds port commission may also appoint one of its members to serve as a nonvoting, ex officio member of the commission. C. Commissioner terms shall be staggered such that all members of the commission as of December 31, 2011, shall have their terms expire on December 31, 2012. All members appointed during 2012 shall have their terms expire on December 31, 2014. All members appointed during 2013 or later shall have their terms expire on December 31, 2015. Section 2. 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 3. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of Packet Page 242 of 313 the title. APPROVED: MAYOR, DAVID O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 243 of 313 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: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO THE CITIZENS ECONOMIC DEVELOPMENT COMMISSION AND AMENDING CHAPTER 10.75 ECC; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2013. CITY CLERK, SANDRA S. CHASE Packet Page 244 of 313 AM-5744 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 10 Minutes Submitted By: John Westfall Department: Fire Committee: Public Safety, Personnel Tyne: Information Subject Title 2012 Fire Code Update 9. B. Recommendation Recommendation from Mayor and staff to adopt the 2012 International Fire Code with Washington State Amendments. A public hearing with full city council will be scheduled prior to July 1, when all new building codes come into effect statewide. Previous Council Action None Narrative The State Building Code Council has approved statewide adoption of the Building, Fire and supplemental construction Codes (in effect July 1, 2013). Action for Edmonds requires formalizing the State adoption of International Building Codes via Title 19 ECDC including local edits. PS Committee is provided preliminary review for the 2012 edition of the International Fire Code including Washington State amendments. The City Attorney will be reviewing these editions. Modifications from that review will be highlighted during council presentation. Fire Marshal will present Fire Code updates (Chapter 19.25 ECDC). Attachments Fire Code Chapters Redlined Inbox Reviewed By City Clerk Sandy Chase Mayor Dave Earling Finalize for Agenda Sandy Chase Form Started By: John Westfall Final Approval Date: 05/09/2013 Form Review Date 05/09/2013 12:21 PM 05/09/2013 03:51 PM 05/09/2013 04:09 PM Started On: 05/09/2013 11:05 AM Packet Page 245 of 313 Chapter 19.25 FIRE CODE Sections: 19.25.000 International Fire Code adopted. 19.25.005 Section amendments. 19.25.010 Department of fire prevention. 19.25.015 Definitions. 19.25.020 Permits. 19.25.025 Charges for fire review and inspection. 19.25.030 Modifications, interpretations and appeals. 19.25.035 Automatic sprinkler systems. 19.25.036 Dwelling fire sprinkler systems and connection fees. 19.25.040 Fire protection water supplies. 19.25.045 Charges for water mains and hydrants. 19.25.050 Mains and service lines. 19.25.055 Location of public hydrants. 19.25.060 Location of private hydrants. 19.25.065 Hydrant specifications. 19.25.070 Penalties. 19.25.000 International Fire Code adopted. Under the statutory authority of RCW 19.27.031 and 19.27.074, the International Fire Code (IFC), 2-009 2012 Edition, as published by the International Code Council including amendments set forth in Chapter 51-54-54A WAC, and subsequently revised by this chapter, is hereby adopted including reference standards of the National Fire Protection Association and Appendix Chapters B, and Cad. {Ord. 3795 19.25.005 Section amendments. The following sections of the IFC have been added, amended, deleted or replaced as follows: A. Chapter 1 Administration. 1. Section 102.5 Application of Residential Code. Adopted as originally set forth in IFC (notwithstanding revisions thereto by the state building code council). 2. Section 103.1-.2 Department of Fire Prevention. Replaced by ECDC 19.25.010. 3. Section 104.8 Modifications. Replaced by ECDC 19.25.030. 4. Section 104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have the authority to render necessary assistance in the investigation of fires, hazardous conditions, and enforcement of the life safety provisions of this code when requested by the fire marshal. Packet Page 246 of 313 5. Section 105.1.1 Permits required. Replaced by ECDC 19.25.020. 6. Section 108 Board of appeals. Replaced by Chapter 18.70.030(E)49.80 ECDC. 7. Section 109.3-4 Violation Penalties. Replaced by ECDC 19.25.070. B. Chapter 5, Fire Service Features. Section 503 Fire Apparatus Access Roads. The following sections are adopted as originally set forth in the IFC (notwithstanding revisions thereto by the state hUdldffiR .. Gi4: 1. Section 503.1 Where required. 2. Section 503.1.1 Buildings and facilities. 3. Section 503.1.2 Additional access. 4. Section 503.1.3 High -piled storage. 5. Section 503.2 Specifications. 6. Section 503.3 Marking. 7. Section 503.4 Obstruction of fire apparatus access roads. C. Chapter 3356, Explosives and Fireworks. Section 22015601.1.3 Fireworks. Replaced by Chapter 5.27 ECC. D. Chapter 34-57 Flammable and Combustible Liquids. Sections 34045704.2.9.6.1 (outside) and 34065706.2.4.4 (inside) Locations where above -ground tanks are prohibited. Class I and II flammable liquids in aboveground storage tanks are restricted for the protection of residential districts and shall be no more than 1,000 gallons capacity in residential zones designated by the city. E. Chapter 38-61 Liquified Petroleum Gases. Section 39046104.2 Maximum capacity within established limits. The maximum capacity for each installation is restricted for the protection of residential districts within the city and shall be no more than 500 gallons water capacity in residential zones designated by the city. F. Chapter 4536, Marinas. Replaced in entirety by Chapter 19.65 ECDC. 19.25.010 Department of fire prevention. Packet Page 247 of 313 A. There is established in the city a department of fire prevention supervised by the fire marshal or deputy chief of fire prevention acting under the supervision of the fire chief. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. B. An annual report shall be provided to the mayor containing proceedings under this code, with other statistics as the fire marshal chief and mayor wish to include. The fire marshal may also recommend any changes to the code. [ ]. 19.25.015 Definitions. A. Whenever the term "fire code official" is used in the IFC, it shall mean the fire marshal or deputy chief of fire prevention. B. Whenever the word "jurisdiction" is used in the IFC, it shall mean the city of Edmonds. C. Whenever the term "legal representative of the jurisdiction" is used in the IFC, it shall mean the city attorney. D. Whenever the term "police" is used in the IFC, it shall mean the city of Edmonds police department. [Ord. 3798 § 1, 2010]. 19.25.020 Permits. A. fps Operational permits required under the city's fire code and regulated by the city shall be issued by the fire marshal. The application for the permit shall be accompanied by the full application fee in order to vest rights under the permit and to constitute a complete permit application. The permit fee shall be set by the city council annually by resolution or on such review cycle as the council, in its discretion, shall determine. All permits shall be renewed annually unless the specific time period is set forth when the permit is granted. No permit shall be transferable and each permit shall be issued on a single job, transaction, owner, or occupancy basis, except that the fire marshal is authorized to consolidate permits for a single location, building, or unit. B. In the event that the activity, location or risk associated with the activity requires a fire safety inspection in excess of the time estimated within the permit fee (one hour) an inspection fee equal to the actual cost to the city of providing the inspection shall be charged pursuant to ECDC 19.25.025. [ 2010]. 19.25.025 Charges for fire review and inspection. A. Certain licenses and permits issued by the city include a fire department inspection. The cost of the permit may include an estimate of the normal time associated with the fire inspection. Where the permit does not include such an estimate, or when the estimate of time established within the ordinance is exceeded by the actual time spent inspecting a premises, location or activity, the actual cost of conducting the inspection shall be charged. The administrative services director is authorized to establish on an annual basis, in conjunction with or immediately following the budget process, a fee for the hourly charge associated with the provision of services by reasonable classifications of Gity empleyee fire marshal and fire inspector. Packet Page 248 of 313 B. The permittee shall pay the actual charges of inspection, in addition to the permit fee associated with such activity. Licenses and permits requiring the actual payment of inspection charges include, but are not limited to, public amusement licenses issued pursuant to Chapter 4.32 ECC, cabaret dance licenses issued pursuant to Chapter 4.48 ECC, adult entertainment facility licenses issued pursuant to Chapter 4.52 ECC, business licenses pursuant to Chapter 4.72 ECC, and aircraft landing licenses issued pursuant to Chapter 4.80 ECC. C. No charge shall be levied against any department or agency of the city of Edmonds operating within the city's general fund. rn�r98§1 , 2-010]. 19.25.030 Modifications, interpretations and appeals. A. The fire marshal shall have the authority to modify any of the provisions of the IFC or this chapter on written application by the owner, lessee, or his duly authorized agent when there are practical difficulties in carrying out the strict letter of the code. Approved modifications, including alternative materials and methods, shall observe the spirit of the code, preserve fire- and life -safety, secure the public health, and do substantial justice. A signed copy of approved modifications shall be promptly given to the applicant. B. Details of actions granting modifications and related interpretations shall be recorded and preserved in the records of the department of fire prevention to aid in conformance and uniform application of related codes, ordinances, and standards. C. Whenever the fire marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire marshal to the board of appea4sCity's Hearing Examiner. Such appeals shall be governed by the procedures set forth in Chapter 18.70.030(E) 19.80 ECDC. [Ord. 3798§1 , 2010]. 19.25.035 Automatic sprinkler systems. An automatic sprinkler system shall be installed and maintained throughout every building constructed under the International Residential Code containing five or more attached dwelling units. Residential or quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling. [Ord. 3798 § 1, 2010]. 19.25.036 Dwelling fire sprinkler systems and connection fees. A. Where dwelling fire sprinkler systems are required to be installed in a dwelling (building containing one or two dwelling units) constructed under the International Residential Code (IRC), a single water connection may provide fire protection and domestic services through combination water lines utilizing an integrated fire and plumbing flow -through piping system described in IRC Appendix R (WAC 51-51- 60105). B. Automatic sprinkler systems installed pursuant to subsection (A) of this section shall not be subject to the cost differential from general facility charges for connection to the public water system when an up - sized meter is required to meet the design flow rate for, and is solely attributable to, the installation of the automatic sprinkler system. All other costs, including the expense of a larger meter, a general facility Packet Page 249 of 313 charge attributable to the meter sized for the domestic service alone, and other permits and fees, shall remain the responsibility of the owner. C. When automatic sprinkler systems designed for life safety and installed pursuant to subsection (A) of this section are integrated and dependent upon the domestic water supply of the residential dwelling unit, the property owner shall be responsible for maintaining the service connection and paying for an adequate supply of water to the residential dwelling unit. [ ]. 19.25.040 Fire protection water supplies. All fire hydrant, water main and appurtenance installations shall meet the provisions of this chapter as well as other applicable plans, standards and codes adopted by the city of Edmonds, as a condition of approval of subdivisions and building permits. [Ord. 3798 § 1, 20101. 19.25.045 Charges for water mains and hydrants. A. For private development, owners shall be responsible for the replacement (upgrade) of the existing public main (including fire hydrants and appurtenances) to city standard when identified by the city engineer as a condition of development approval. The city will pay the difference in material costs only between six inches and the size that is required to be installed only when the existing system is a looped system. B. A hydrant use permit issued by the public works director is required in order for any person or entity other than fire department personnel to draw water from any fire hydrant. C. The installation of water mains, fire hydrants and appurtenances to properties not previously served shall be sized in accordance with the city's water comprehensive plan, built to city standard and shall be at the benefited property owner's or developer's expense. D. Oversized water mains required for special use demands relating to a particular property or development shall be installed at the developer's or property owner's expense. E. If the water mains installed pursuant to subsections (C) and (D) of this section provide service or benefits to properties other than owned by the water main installer, latecomer agreements may be arranged between the city and the installer for the construction and dedication of the water facilities pursuant to the provisions of Chapter 35.91 RCW. [Ord. 3798 § 1, 2010]. 19.25.050 Mains and service lines. A. All public hydrants in single-family areas shall be supplied by not less than six-inch looped water mains. All hydrants in areas other than single-family residential shall be supplied by not less than eight - inch looped water mains. Dead-end water mains to hydrants shall be at least eight inches in diameter, with the exception of mains up to 50 feet long which may be no less than six inches in diameter. B. The service line from the water main to the hydrant shall be no less than six inches in diameter. Any service lines over 50 feet in length from water main to hydrant shall be no less than eight inches in diameter. Packet Page 250 of 313 C. When city streets, or state highways having water mains in the public right-of-way, are improved to permanent street or highway improvement standards, any water mains in the public right-of-way of said streets or highways that are substandard as to size or material according to applicable city standards shall be replaced with ductile iron water mains conforming to applicable city standards and plans. [Ord. 3798 § 1, 2010]. 19.25.055 Location of public hydrants. A. Public hydrants are those owned by the city. B. All public fire hydrants shall be installed at street intersections where possible. Public hydrant spacing shall be measured along vehicle access routes. C. In areas zoned for single-family residential use, public hydrants shall be spaced no more than 600 feet apart. If dead-end streets, or driveways, singly or in combination, are over 300 feet long, additional public hydrants shall be installed so that the public hydrant spacing is not over 600 feet. D. In areas other than single-family residential, public fire hydrants shall be spaced an average of 300 feet apart. If dead-end streets or driveways, singly or in combination, are over 150 feet long, additional public hydrants shall be installed so that the public hydrant spacing is not over 300 feet. [Ord. 3798 § 1, 2010]. 19.25.060 Location of private hydrants. A. A private hydrant is privately owned, but is subject to the use of the city for inspection and testing at reasonable times, and for fire suppression at any time. All private hydrants shall be connected to the city water main through a privately owned and maintained double detector check valve assembly. B. All buildings except single-family dwellings that are located so that a portion is more than 200 feet from a street, as measured along vehicle access routes, shall have private fire hydrants located at the building. Single-family dwellings with a fire -flow calculation area greater than 4,800 square feet may require a private hydrant. C. Buildings having required fire flows of 3,000 gallons per minute may have fire hydrants on one side of the building only. There shall never be fewer than two fire hydrants for any building larger than 5,000 square feet in the first floor area including covered parking and storage. When the required fire flow is 3,000 gallons per minute or greater, the fire hydrants shall be served by a looped main around the building or complex of buildings. D. Fire hydrants shall be spaced on an average 300 feet around the perimeter line, 50 feet out of the buildings. All hydrants shall be placed in locations accessible to fire department vehicles adjacent to fire apparatus access roads. The fire marshal shall determine the location of fire hydrants depending on utility, topography and building location for maximum fire protection. [Ord. 3798 § 1, 2010]. 19.25.065 Hydrant specifications. A. The installation of flush type hydrants (hydrants entirely below grade) is prohibited. Packet Page 251 of 313 B. Fire hydrants shall have two two -and -one -half -inch hose outlets and one four -and -one -half -inch pumper outlet. All outlets' ports shall have national standard thread. Additionally, the pumper outlet shall be provided with a four -inch Storz adapter. Fire hydrants shall meet the American Water Works Association Standard No. C-502 and current city standards. C. Fire hydrants and appurtenances shall be installed in accordance with generally accepted engineering practices and city standards, and to the approval of the city engineer, who shall also approve the selection and use of all pipe fittings and valves. There shall be a foot valve installed between the service main and the hydrant sufficient to permit the repair and replacement of the hydrant without disruption of water service. The foot valve shall be installed to city standards. The location of all such valves installed shall be properly and accurately marked on as -built plans or drawings with generally acceptable engineering detail, two copies of which shall be furnished to the public works department. Valves shall be furnished with a standard valve box. D. Hydrants shall stand plumb, be set to established street grade with the lowest outlet of the hydrant at least 18 inches above the adjacent finished grade and at least 36 inches of clear area around the hydrant for clearance of hydrant wrench on both outlets and on the control valve. The pumper port shall face the street, as determined by the fire marshal. E. Where reasonably necessary to protect a hydrant from damage, the fire marshal may require hydrants to be protected by two or more posts, eight inches in diameter by five feet long, made either of reinforced concrete or steel. F. If there presently exist fire hydrants which do not conform to these requirements, they shall be replaced with conforming hydrants upon redevelopment or the timetable established by the city's comprehensive plan. G. No person shall plant any vegetation, erect any structure or perform any action which results in the obstruction of a fire hydrant for a distance of 50 feet along the immediate route of approach. The owner - occupant of any area in which a hydrant is located shall be responsible for removing weed and tree growth from around the hydrant for a distance of not less than five feet. The purpose of this section is to maintain clear approach and visual area around the hydrant. H. The installation of the fire hydrants and mains may be accomplished by city capital contract, developers (as a condition of development) or public works department employees. All installations are to be approved by the city engineer. I. Following the installation of fire hydrants, all pipes, valves and hydrants shall be pressure tested, purified, flushed and sampled to meet the requirements of the American Water Works Association Standard No. C-502. [Ord. 3798 § 1, 2010]. 19.25.070 Penalties. A. Any person who violates any of the provisions of the IFC including those standards of the National Fire Protection Association specifically referenced in the IFC as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in Packet Page 252 of 313 violation of any detailed statement of specifications or plans submitted and approved thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by decision of the eCity's board of appea4s.Hearing Examiner, or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a gross misdemeanor, punishable as provided in ECC 5.50.020. B. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions exist or are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. [ ]. Packet Page 253 of 313 Chapter 19.65 MARINAS Sections: 19.65.000 Application. 19.65.005 Building code — Compliance required. 19.65.010 Design live loads. 19.65.015 Materials. 19.65.020 Area and location requirements. 19.65.025 Fire Protection Standard adopted. 19.65.030 Fuel floats. 19.65.000 Application. The provisions of this chapter apply to the construction, changes, repair and use of a small boat marina providing covered floating boat moorage within the city. A marina is a basin of safe anchorage providing moorage for small vessels. [Ord. 3798 § 2, 2010]. 19.65.005 Building code — Compliance required. All construction on or in connection with a marina shall comply with all the provisions of this title including permits, permit fees and penalties and all other applicable ordinances of the city and other applicable laws. [Ord. 3798 § 2, 2010]. 19.65.010 Design live loads. A. Decks. Float decks shall have a design live load of at least 40 pounds per square foot minimum. B. Roofs. The roof structures shall have a design live load of at least 25 pounds per square foot minimum. C. Ramps. The ramps to floats shall have a design live load of at least 40 pounds per square foot minimum. [Ord. 3798 § 2, 2010]. 19.65.015 Materials. A. Roofs. Roof coverings shall be noncombustible. B. Floats. Floating structures and floats shall be material of a type approved by the building official. [Ord. 3798 § 2, 2010]. 19.65.020 Area and location requirements. A. Length of Floats. The maximum length of any combination of floats shall be 500 feet from the shore end of the gangplank to the outer end of the main float. A main float is a center or side float connected by a ramp to the shore, being fixed laterally by a system of piling but allowed to move vertically, and may have finger floats connected at intervals. B. Length of Roofs. The maximum length of any roof over floats shall be 400 feet, measured along a main float. At least 75 percent of the exterior walls shall be open. The maximum area covered shall be 30,000 square feet over any single main float area. Packet Page 254 of 313 C. Separation. The minimum separation of covered moorage shall be 20 feet. D. Floats, piers, and walkways shall provide an aisle not less than 44 inches in width. E. Slips and mooring spaces shall be individually identified by an approved numeric or alphabetic designator that shall be posted at each space. Signs indicating the space designators located on finger piers and floats shall be posted at the base of all piers, finger piers, floats and finger floats. [Ord. 3798 § 2, 2010]. 19.65.025 Fire Protection Standard adopted. A. The "Fire Protection Standard for Marinas and Boatyards," 2006 Edition, of the National Fire Protection Association Publication No. 303 is hereby adopted to provide the minimum acceptable level of safety to life and property from fire and electrical hazards at marinas and boatyards. The most restrictive requirements from all codes and adopted standards may apply. In the event of any conflict between provisions of the fire and electrical codes of the city of Edmonds as adopted by this title, the fire and electrical codes shall prevail. B. Access and Water Supply. Piers shall be provided with fire apparatus access roads and water -supply systems with on -site hydrants where required by the fire marshal. The maximum distance from any point on a float system to an approved fire hydrant shall be 600 feet, except for fuel floats there shall be 300 feet. C. Emergency Operations Staging Areas. Approved areas on piers and ashore shall be provided for the staging of emergency equipment. These areas shall be posted with approved signage to keep clear for emergency operations. [Ord. 3798 § 2, 2010]. 19.65.030 Fuel floats. A. Fuel floats shall be constructed of gas -resistant flotation material and shall be separated from other floats by at least 80 feet of open water. B. All fuel storage tanks shall be located underground. C. All fuel lines shall be provided with flexible connections from shore to floating facilities. D. Fire extinguishers shall be provided near fuel dispensers as approved by the Edmonds fire department. E. Gangplank access from shore to fuel floats shall be within 175 feet of fuel dispensers. F. Fresh water taps shall be available on fuel floats. G. All portions of a fuel float shall be located within 300 feet of a fire hydrant. H. Moorage at any fuel float shall be prohibited and unlawful except during the shortest time necessary to take on fuel. Moorage shall be unlawful at any fuel float at any time the fuel pumps are not open for business and physically attended by the fuel pump proprietor, his agent, employee or port tenant trained Packet Page 255 of 313 to a fire department approved environmental and safety standard. It shall be the independent responsibility of the fuel pump proprietor, vessel operator, and vessel owner to comply with this subsection and each said person or class of persons shall be subject to the penalties of ECC 5.50.020 for any and all violations hereof. I. All fuel spills shall be reported immediately in accordance with local, state and federal requirements. [Ord. 3798 § 2, 2010]. Packet Page 256 of 313 Chapter 19.75 STREET NAMES AND ADDRESS NUMBERING Sections: 19.75.000 Adoption of street name map and criteria. 19.75.005 Adoption of property and building numbering system and criteria. 19.75.010 Other street names and premises numbers prohibited. 19.75.000 Adoption of street name map and criteria. A. There is hereby established a uniform system of designating street names/numbers in the city of Edmonds. The street names/numbers are those depicted on that map entitled, "official street map," a copy of which has been authenticated by the mayor of the city and the attestation of the city clerk. The map and all explanatory matter on the map is re -adopted and affirmed and by this reference is incorporated herein as if set forth in full. Official street name/number designations are the responsibility of the city engineer. B. Pursuant to ECDC 18.50.030, any change to the name or number of any street on the official street map shall be by action of the city council approving an ordinance changing the official street map. C. The city engineer shall maintain and update the official street map and shall designate/approve public and private street names/numbers in accordance with this chapter. All approved street names/numbers shall be forwarded to the United States Postal Service (USPS), public and private utilities, law enforcement agencies, emergency services providers, and other persons of new or corrected street names/numbers. The city engineer shall develop policies and guidelines for street names and numbers in accordance with the following guidelines: 1. New street designations shall be in accordance with the Snohomish County grid system and the official street map. 2. When descriptive street names (as opposed to numerical street designations) are allowed by subsection (C)(1) of this section, preference shall be for descriptive names with logical relationship to locale or geographic area, and avoidance of private individual names. 3. Facilitation of map reading and indexing to assist in rapid location of streets and addresses. 4. Avoidance of multiple and/or alternative names for single street sections and requirement of selection of a primary street designation to assist in the Enhanced 9-1-1 grid system for emergency services dispatching. 5. Any other appropriate and applicable standards concerning street and street designations as well as current department of public works policies, guidelines, or rules for naming public streets as determined by the director. [Ord. 3651 § 1, 2007]. 19.75.005 Adoption of property and building numbering system and criteria. Packet Page 257 of 313 A. There is hereby established a uniform system for numbering properties, buildings and primary structures in the city of Edmonds. The official building and property address map depicting all issued property address numbers is maintained by the building official or designee. The building official assigns, maintains and corrects addresses for the city of Edmonds and shall notify the United States Postal Service (USPS), emergency services providers and other persons of new or corrected addresses. B. Addresses shall conform to the numerical grid system established by Enhanced 9-1-1. The number utilized by each building or property shall be that number within the system assigned by the building official. Addresses are assigned based on the location of the driveway access or house frontage to a street and only one address is allowed per building on any lot. Numbers assigned during any previous numbering system that fit within the grid system are hereby ratified and shall remain in full force and effect. C. The building official shall require any address not in conformance or any address that poses any problem or confusion for safety and emergency response be changed within 30 days of written notification from the city of Edmonds. D. All owners or occupants of all buildings and structures in the city of Edmonds, other than garages or other similar buildings or structures of a secondary nature to the primary building or structure, shall affix and maintain the officially designated premises number to the building or structure pursuant to ECDC 1$08 00�19.00.025(BO){�. When topography or vegetation may obscure vision from the street, the numerals shall be affixed as to be reasonably visible from the street. E. Where any commercial building, multiple -family residential structure, or other similar structure has more than one entrance serving separate occupants, a suite designation or apartment number shall be assigned to each entrance serving a tenant or resident in addition to the number assigned to the principal entrance of the building or structure. The unit designations shall be progressive as assigned in the progressive direction of the street and per the property numbering system approved by this code. F. All requests for a building or property address change shall be made in writing to the building official and all of the following conditions shall be present in order for the request to be approved: 1. An obvious error shall exist (i.e., the building was addressed off a street not associated with the site, the building or property addresses are out of sequence, duplicate address exists), etc. 2. The existing address could delay fire, police or emergency services from finding the location in an emergency. 3. The fire department agrees the address change is necessary. [Ord. 3651 § 1, 2007]. 19.75.010 Other street names and premises numbers prohibited. It is unlawful for any owner or occupant of any premises, building or structure to display a street name or premises number other than those officially designated pursuant to the provisions of this chapter, subject to penalties per Chapter 5.50 ECC and Chapter 20.110 ECDC. [Ord. 3651 § 1, 2007]. Packet Page 258 of 313 Packet Page 259 of 313 AM-5724 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted By: James Lawless Department: Police Department Committee: Public Safety, Personnel Tyne: Action Information Subject Title Annual Renewal of Snohomish Regional Drug & Gang Task Force Interlocal Agreement (2013-2014). Recommendation Staff recommends and requests forward to full Council for approval via consent agenda. Previous Council Action N/A Narrative 9. C. Since January 1988, the City of Edmonds and other Snohomish County cities have been participants in the Snohomish Regional Drug & Gang Task Force (SRDGTF). Edmonds was one of the original participants, contributing a detective and equipment to the unit. In more recent years, Edmonds, Lynnwood, and Mountlake Terrace established the South Snohomish County Narcotics Task Force (SSCNTF). Since the creation of the SSCNTF, Edmonds, Lynnwood, and Mountlake Terrace have chosen to continue their support of the SRDGTF through financial contribution alone, for the primary purpose of assisting with the investigation, dismantling and destruction of drug labs. This is of extreme benefit to Edmonds due to the expenses associated with this specific type of investigation, e.g. training, equipment, OSHA and L & I regulations. The SRDGTF receives the majority of its funding through a U.S. Department of Justice grant. The grant amount is based on the number and population of municipalities that participate in the SRDGTF. The required matching funds for the federal grant come from Snohomish County and the participating municipalities. For fiscal year 2013-2014, twenty municipalities, DSHS Child Protective Services, WSP, and Snohomish County, are pledging matching funds to the SRDGTF. Edmonds' share for July 1, 2013 through June 30, 2014 is $10,237, an increase of $298, over last year's share. Funding for this item is included in the 2013 Edmonds Police budget. The interlocal agreement and the funding received from participating entities, sets forth the operational framework for the SRDGTF, and has done so since 1988. The SRDGTF and SSCNTF work very closely and assist each other with staffing and equipment, as needed. For example, should we encounter a drug lab locally the SRDGTF can be called out to dismantle the lab. As stated, this assistance can save us literally thousands of dollars in overtime, training, and equipment expense. A more frequent area of cooperation and assistance occurs with investigations where the two task forces may assist each other with investigations involving mutual suspects. We request that the Council approve this matter authorizing the Mayor to sign the FY 2013-2014 interlocal agreement with SRDGTF. The ILA has been approved by the City Attorney as to form. Attachments SRDGTF Interlocal Packet Page 260 of 313 Inbox City Clerk Mayor Finalize for Agenda Form Started By: James Lawless Final Approval Date: 05/08/2013 Form Review Reviewed By Date Linda Hynd 05/06/2013 11:56 AM Dave Earling 05/06/2013 01:23 PM Linda Hynd 05/08/2013 10:11 AM Started On: 05/02/2013 01:37 PM Packet Page 261 of 313 INTERLOCAL AGREEMENT ESTABLISHING SNOHOMISH REGIONAL DRUG & GANG TASK FORCE This Interlocal Agreement is among Snohomish County, a political subdivision of the State of Washington, and the following jurisdictions (hereinafter collectively referred to as the "Participating Jurisdictions"): City of Arlington City of Bothell City of Brier City of Darrington City of Edmonds City of Everett City of Gold Bar City of Granite Falls City of Index City of Lake Stevens City of Lake Forest Park City of Lynnwood City of Marysville City of Mill Creek Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 1 City of Monroe City of Mountlake Terrace City of Mukilteo City of Snohomish City of Stanwood City of Sultan DSHS, Child Protective Services Washington State Patrol Snohomish Health District Sauk Suiattle Tribe Stillaguamish Tribe Swinomish Tribe Tulalip Tribe Packet Page 262 of 313 WITNESSES THAT: WHEREAS, the State of Washington Department of Commerce (hereinafter "COMMERCE"), has received funds from the U.S. Department of Justice under authority of the Anti -Drug Abuse Act of 1988 to provide grants to local units of government for drug law enforcement; and WHEREAS, eligible applicants include cities, counties and Indian tribes; and WHEREAS, RCW 39.34 permits one or more public agencies to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking that each public agency is authorized by law to perform; and WHEREAS, Snohomish County and COMMERCE have entered into a Narcotics Control Grant Contract (hereinafter "Grant Contract") whereby Snohomish County shall use specified grant funds solely for a regional task force project consistent with the task force grant application submitted to COMMERCE on or before July 1, 2013, upon which the Grant Contract is based (by this reference both the Grant Contract and the grant application are incorporated in this agreement as though set forth fully herein); and WHEREAS, the Participating Jurisdictions recognize the above -mentioned Grant Contract between COMMERCE and Snohomish County; and WHEREAS, the Participating Jurisdictions desire to participate as members of the multi -jurisdictional task force with Snohomish County administering task force project grants on their behalf; and WHEREAS, the Participating Jurisdictions desire to enter into an agreement with Snohomish County to enable Snohomish County to continue to be the receiver of any grant funds related to the task force project; and WHEREAS, each of the Participating Jurisdictions represented herein is authorized to perform each service contemplated for it herein; NOW, THEREFORE, in consideration of covenants, conditions, performances and promises hereinafter contained, the parties hereto agree as follows: Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 2 Packet Page 263 of 313 1.0 TASK FORCE CONTINUATION, TERM, AND PURPOSE 1.1 The countywide multi jurisdictional task force, composed of law enforcement, prosecutor, and support personnel, known as the Snohomish Regional Drug & Gang Task Force (hereinafter "Task Force") was created pursuant to the Interlocal Agreement Among Participating Jurisdictions dated January 18, 1988. The Task Force has operated on a continuous basis since that time under a series of interlocal agreements, the most recent effective from July 1, 2012, through June 30, 2013. This agreement shall serve to continue the operation of the Task Force. 1.2 The effective date of this agreement shall be from July 1, 2013, through June 30, 2014, unless earlier terminated or modified as provided in this agreement. 1.3 The purpose of the Task Force shall be to formally structure and jointly coordinate selected law enforcement activities, resources, and functions in order to disrupt illegal drug trafficking systems and to remove traffickers through a cooperative program of investigation, prosecution, and asset forfeiture. 1.4 The Task Force agrees to perform the statement of work indicated in the Task Force Abstract set forth in the application for funding between COMMERCE and Snohomish County. Therefore each participating jurisdiction adopts the following Task Force goals: • Reduce the number of drug traffickers and gang members in the communities of Snohomish County through the professional investigation, apprehension and conviction. • Efficiently attack, disrupt and prosecute individual and organized mid to upper level drug traffickers and street gang members who do not recognize jurisdictional boundaries or limitations, and by doing so, impact drug trafficking organizations previously impregnable. Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 3 Packet Page 264 of 313 • Enhance drug enforcement cooperation and coordination through multi -agency investigations, training of local jurisdictions and the sharing of resources and information. • To address these issues with the foremost consideration of safety for both law enforcement and the community. 1.5 The Task Force shall continue to follow a management system for the shared coordination and direction of personnel as well as financial, equipment and technical resources as stated in this agreement. 1.6 The Task Force shall continue to implement operations, including: a. Development of intelligence b. Target identification c. Investigation d. Arrest of Suspects e. Successful prosecution of offenders, and f. Asset forfeiture/disposition 1.7 The Task Force shall evaluate and report on Task Force performance to COMMERCE as required in the Grant Contract. 2.0 ORGANIZATION 2.1 Exhibit "D", incorporated herein by this reference, sets forth the organization of the Task Force. 2.2 The Task Force Executive Board shall be comprised of the Snohomish County Prosecuting Attorney, the Snohomish County Sheriff, the Everett Police Chief, the Everett City Attorney, and one (1) chief of police from the remaining Participating Jurisdictions chosen by the chiefs of police of the remaining Participating Jurisdictions. The Snohomish County Sheriff shall serve as Chair of the Executive Board. The Task Force Executive Board may adopt bylaws providing for appointment of alternates to attend Executive Board meetings in the absence of members. At such meetings the alternate shall have the same Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 4 Packet Page 265 of 313 rights as the appointing member. Any action taken by the Task Force Executive Board under this agreement shall be based on a majority vote. 2.3 All law enforcement personnel assigned to the Task Force shall be directed in their Task Force duties by the Snohomish County Sheriff's Office (SCSO) through the Task Force Commander. The Task Force Commander will be an employee of Snohomish County for all purposes and, if not a regular SCSO deputy, will hold a special commission for that purpose. 2.4 Exhibit "A", incorporated herein by this reference, sets forth the personnel currently assigned to the Task Force by each Participating Jurisdiction. Nothing in this agreement shall restrict the ability of the Snohomish County Prosecuting Attorney, Snohomish County Sheriff, Everett Police Chief, or chief law enforcement officer of any Participating Jurisdiction to reassign personnel now or later assigned to the Task Force. 3.0 FINANCING 3.1 Exhibit `B" sets forth the estimated Task Force Grant Contract budget and is incorporated herein by reference. Participating Jurisdictions in the aggregate agree to provide funds that will allow for at least a one-third match of the funds awarded under the Grant Contract. 3.2 Exhibit "C" sets forth the Local Match breakdown for the period from July 1, 2013, to June 30, 2014, and is incorporated herein by reference. Although State and/or Federal Grant funds may vary from the amount initially requested, each Participating Jurisdiction agrees to provide funding that is no less than the amount indicated in Exhibit "C", and to pay its funding share to Snohomish County as administrator of Task Force funds promptly upon request. 3.3 As required by the Grant Contract, each Participating Jurisdiction agrees the funding it contributes shall be provided in addition to that currently appropriated to narcotics enforcement activities and that no Task Force activity will supplant or replace any existing narcotic enforcement activities. Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 5 Packet Page 266 of 313 3.4 Except as modified by section 5.3 below, all revenues collected or generated by or for the Task Force shall be forwarded to the Snohomish County Treasurer and placed in a designated special account for the purpose of supporting Task Force operations, and all real or personal property of the Task Force will be held in Snohomish County's name for the benefit of the Task Force. 3.5 Upon termination of the Task Force, all funds remaining in said special account shall be disbursed pro rata to the then -current Participating Jurisdictions in proportion to the percentage of their most recent financial participation as indicated in Exhibit "C". 4.0 GENERAL ADMINISTRATION 4.1 Snohomish County agrees to provide COMMERCE with the necessary documentation to receive grant funds. 4.2 By executing this agreement, each Participating Jurisdiction agrees to make any certified assurances required by the Grant Contract that are within its particular control, and agrees to make all its records related to the Task Force available for inspection consistent with the Grant Contract. 4.3 All Task Force contracts and agreements executed on behalf of Participating Jurisdictions under this agreement must first be approved on motion of the Task Force Executive Board. By executing this agreement, each Participating Jurisdiction agrees that, for the purpose of administering the assets and resources available to the Task Force, Snohomish County is hereby granted the authority to execute on behalf of the Participating Jurisdictions all agreements and contracts signed as approved by the Task Force Executive Board, by and through its Chair, including but not limited to all contracts for professional services. Agreements and contracts executed in this manner shall have the same legal effect as if they were executed by each Participating Jurisdiction. No such agreement or contract may impose or waive liability with respect to a Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 6 Packet Page 267 of 313 Participating Jurisdiction in a manner that is inconsistent with the hold harmless provision in section 10.0 of this agreement. 4.4 Any dispute arising under this agreement will be forwarded to the Task Force Executive Board for arbitration. The determination made by the Executive Board shall be final and conclusive as between the parties. This provision shall not apply to issues of indemnity and liability governed by the hold harmless provision in section 10.0 of this agreement. 5.0 ASSET FORFEITURE 5.1 The Participating Jurisdictions shall refer all potential asset forfeitures initiated or investigated by officers assigned to the Task Force during the pendency of this agreement to the Task Force for disposition at the discretion of the Task Force Executive Board or prosecuting authority (Prosecuting Attorney or United States Attorney). Any such referred asset forfeiture that is pursued in state court will be prosecuted in the name of Snohomish County on behalf of the Task Force and its Participating Jurisdictions. 5.2 The Task Force Commander, under the direction of the Task Force Executive Board, shall manage the acquisition and disposition of assets seized or forfeited as a result of this agreement in compliance with law and Task Force procedures. 5.3 A portion of the net monetary proceeds of each asset forfeiture made by the Task Force shall be distributed to the involved investigating agencies commensurate with their participation as determined by prior agreement between the Task Force Commander and said agencies, or in the absence of such agreement, by the Task Force Executive Board, prior to dedication of the remaining proceeds to the Task Force as specified in section 3.4. As long as the personnel assignments stated in Exhibit "A" remain unchanged, distributions to Snohomish County and the City of Everett under this Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 7 Packet Page 268 of 313 subparagraph shall be 40 percent each of the net monetary proceeds remaining after distributions under this subparagraph to Participating Jurisdictions other than Snohomish County and the City of Everett. If assignments change from those stated in Exhibit "A", the Task Force Executive Board may modify the relative percentage allocations to Snohomish County and the City of Everett on a case -by -case or permanent basis. For purposes of this subparagraph, the term "net monetary proceeds" means cash proceeds realized from property forfeited during the term of this agreement that is not retained for use by the Task Force after deducting all costs and expenses incurred in its acquisition, including but not limited to the cost of satisfying any bona fide security interest to which the property may be subject at the time of seizure, the cost of sale in the case of sold property (including reasonable fees or commissions paid to independent selling agencies), amounts paid to satisfy a landlord's claim for damages, and the amount of proceeds (typically ten percent) payable to the State of Washington under RCW 69.50.505(9) or similar law. 5.4 The Task Force may retain funds in an amount up to $250,000.00 from the net proceeds of vehicle seizures for the purchase of Task Force vehicles and related fleet costs. 5.5 Any Participating Jurisdiction receiving a distribution of assets forfeited under RCW 69.50.505 shall use such assets in accordance with RCW 69.50.505(10), which limits use to the expansion and improvement of controlled substances related law enforcement activity and prohibits use to supplant preexisting funding sources. 5.6 Upon termination of the Task Force, the Task Force Executive Board shall dispose of the Task Force's interest in assets seized or forfeited as a result of this agreement in accordance with applicable federal, state and county requirements, and shall distribute proceeds in accordance with sections 5.3 and 3.5. Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 8 Packet Page 269 of 313 6.0 ACQUISITION AND USE OF EQUIPMENT 6.1 In the event that any equipment is acquired with grant funds, the Participating Jurisdictions agree that the Task Force will use that equipment only for specified law enforcement purposes for the term of the grant. 6.2 Upon termination of the Task Force, any equipment provided by Participating Jurisdictions will be returned to those respective jurisdictions. 6.3 Upon termination of the Task Force, the Task Force Executive Board shall dispose of all acquired equipment in accordance with applicable federal, state and county requirements, and shall distribute proceeds in accordance with section 3.5. 7.0 MODIFICATION Participating Jurisdictions hereto reserve the right to amend this agreement in the future from time to time as may be mutually agreed upon. No such amendment shall be effective unless written and signed by all then -contributing jurisdictions with the same formality as this agreement. 8.0 NONDISCRIMINATION PROVISION There shall be no discrimination against any employee who is paid by the grant funds or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training. 9.0 TERMINATION OF AGREEMENT 9.1 Notwithstanding any provisions of this agreement, any party may withdraw from the agreement as it pertains to them by providing written notice of such withdrawal to all other parties, specifying the effective date thereof at least Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 9 Packet Page 270 of 313 thirty (30) days prior to such date. A withdrawing party may take with it any equipment it has loaned or donated to the Task Force, and shall be entitled to distributions under section 5.3 of this agreement with respect to asset forfeitures initiated before the effective date of withdrawal. 9.2 If there is a reduction in funds by the source of those funds, and if such funds are the basis of this agreement, Snohomish County may unilaterally terminate all or part of the agreement, or may reduce its scope of work and budget. 10.0 HOLD HARMLESS 10.1 Each party hereto agrees to save, indemnify, defend and hold the other parties harmless from any allegations, complaints, or claims of wrongful and/or negligent acts or omissions, by said party and/or its officers, agents, or employees to the fullest extent allowed by law. In the case of allegations, complaints, or claims against more than one party, any damages allowed shall be levied in proportion to the percentage of fault attributable to each party, and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of fault attributable to each of the other parties. Moreover, the parties agree to cooperate and jointly defend any such matter to the extent allowed by law. An agency that has withdrawn assumes no responsibility for the actions of the remaining members arising after the date of withdrawal, but shall remain liable for claims of loss or liability arising prior to the effective date of withdrawal. 10.2 The Tulalip Tribes waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment from the Tulalip Tribes shall look first to the proceeds of any insurance procured by the Tribes for this purpose. Should any claim for indemnification exceed the limit of the Tulalip Tribe's insurance policy arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by the County and the Tulalip Tribe, the Tulalip Tribe hereby Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 10 Packet Page 271 of 313 waives any claim of immunity or exemption for any assets it holds that are not subject to a restriction against alienation up to the amount necessary to discharge the indemnity obligation and the costs of collection. 10.3 The Sauk Suiattle Tribe waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment from the Sauk Suiattle Tribe shall look first to the proceeds of any insurance procured by the Sauk Suiattle Tribe for this purpose. Should any claim for indemnification exceed the limit of the Sauk Suiattle Tribe's insurance policy arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by the County and the Sauk Suiattle Tribe, the Sauk Suiattle Tribe hereby waives any claim of immunity or exemption for any assets it holds that are not subject to a restriction against alienation up to the amount necessary to discharge the indemnity obligation and the costs of collection 10.4 The Stillaguamish Tribe waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment from the Stillaguamish Tribe shall look first to the proceeds of any insurance procured by the Stillaguamish Tribe for this purpose. Should any claim for indemnification exceed the limit of the Stillaguamish Tribe's insurance policy arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by the County and the Stillaguamish Tribe, the Stillaguamish Tribe hereby waives any claim of immunity or exemption for any assets it holds that are not subject to a restriction against alienation up to the amount necessary to discharge the indemnity obligation and the costs of collection. 10.5 The Swinomish Tribe waives sovereign immunity to suit by any party to interpret or enforce the terms of this Agreement. The parties agree that in enforcing obligations under this Agreement, a party seeking payment from the Swinomish Tribe shall look Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 11 Packet Page 272 of 313 first to the proceeds of any insurance procured by the Swinomish Tribe for this purpose. Should any claim for indemnification exceed the limit of the Swinomish Tribe's insurance policy arising from the entry of a final decree in any court, or by settlement of a civil action mutually agreed to by the County and the Swinomish Tribe, the Swinomish Tribe hereby waives any claim of immunity or exemption for any assets it holds that are not subject to a restriction against alienation up to the amount necessary to discharge the indemnity obligation and the costs of collection. 11.0 GOVERNING LAW AND VENUE This agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington without reference to choice of law principles, and venue of any suit between the parties arising out of this agreement shall be in the Superior Court of Snohomish County, Washington. 12.0 INTEGRATION With the exception of necessary operational agreements between law enforcement agencies of the Participating Jurisdictions and agreements pursuant to section 5.3 hereof, this agreement constitutes the whole and entire agreement among those parties as to the Task Force and no other understandings, oral, or otherwise, regarding the Task Force shall be deemed to exist or bind the parties. 13.0 EXECUTION OF MULTIPLE ORIGINAL COUNTERPARTS This agreement may be reproduced in any number of original counterparts. Each party need sign only one counterpart and when the signature pages are all assembled with one original counterpart, that compilation constitutes a fully executed and effective agreement among all the Participating Jurisdictions. In the event that fewer than all named parties execute this agreement, the agreement, once filed as specified in section 15.0, shall be effective as between the parties that have executed the agreement to the same extent as if no other parties had been named. Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 12 Packet Page 273 of 313 14.0 SEVERABILITY If any part of this agreement is unenforceable for any reason the remainder of the agreement shall remain in full force and effect. 15.0 RECORDING This interlocal agreement will be filed with the Snohomish County auditor in compliance with RCW 39.34.040. In witness whereof, the parties have executed this agreement. SNOHOMISH COUNTY, approved at the direction of the County Council. Aaron Reardon, County Executive DATE: ATTEST: APPROVAL RECOMMENDED: John Lovick, Sheriff DATE: Approved as to form only: Deputy Prosecuting Attorney Interlocal Agreement Establishing Snohomish Regional Drug & Gang Task Force — Page 13 Packet Page 274 of 313 AM-5732 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 5 Minutes Submitted By: Al Compaan Department: Police Department Committee: Public Safety, Personnel Type: Information Subject Title Interlocal Agreement - North Sound Metro SWAT Recommendation Approve for Consent Agenda Previous Council Action Existing ILA was approved by Council in December 2011 Action 9. D. Narrative Interlocal agreement for SWAT (Special Weapons and Tactics) that is presently in place (approved by Council in December 2011) represents a partnership between Edmonds and the cities of Bothell, Lake Forest Park, Lynnwood, Monroe, and Mountlake Terrace. The new ILA will bring the cities of Kirkland and Mill Creek into the integrated team. Other minor changes to the existing ILA pertain to structure and administration of the integrated team. Fiscal Year: Fiscal Impact Revenue: Fiscal Impact: Edmonds' cost share for SWAT participation already built into approved 2013 budget. ILA SWAT Red Line Version ILA SWAT Final ILA SWAT Signature Pate Inbox Reviewed By City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Al Compaan Final Approval Date: 05/08/2013 Attachments Form Review Date 05/08/2013 09:33 AM 05/08/2013 03:07 PM 05/08/2013 03:58 PM Started On: 05/07/2013 11:37 AM Expenditure: Packet Page 275 of 313 INTERLOCAL AGREEMENTBETWEEN THE CITIES OF BOTHELL, EDMONDS, KIRKLAND, LAKE FOREST PARK, LYNNWOOD, MILL CREEK, MONROE AND MOUNTLAKE TERRACE; FOR THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT)/ CRISIS NEGOTIATING TEAM (CNT) THIS INTERLOCAL AGREEMENT (Agreement) is entered into by and between the City of Bothell, a Washington municipal corporation (Bothell), the City of Edmonds, a Washington municipal corporation (Edmonds), the City of Kirkland, a Washington municipal corporation (Kirkland), the City of Lake Forest Park, a Washington municipal corporation (Lake Forest Park), the City of Lynnwood, a Washington municipal corporation (Lynnwood), the City of Mill Creek, a Washington municipal corporation (Mill Creek), the City of Monroe, a Washington municipal corporation (Monroe), and the City of Mountlake Terrace, a Washington municipal corporation (Mountlake Terrace), (collectively referred to hereinafter as Parties or Cities). WHEREAS, the Cities are public agencies as defined by RCW Chapter 39.34 and RCW Chapter 10.93, and are authorized to enter into interlocal agreements to provide for joint or cooperative actions to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, incidents of a serious criminal nature do occur which require a need for a specially trained and equipped unit to effectively resolve the situation. These incidents create a demand upon the undersigned Cities respective to resources which are better and more economically served by combining resources to form a joint specialty team called the NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS, (hereinafter SWAT Team); and WHEREAS, the SWAT Team shall be specially trained and equipped to provide a cooperative and joint effort among the undersigned Cities' police departments to respond to and resolve criminal activity of a high risk nature in accordance with state and federal law. NOW, THEREFORE, be it agreed in accordance with RCW 39.34 and RCW 10.93: 1. CREATION AND AUTHORIZATION The undersigned Cities hereby create THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT) Team. The SWAT Team is hereby authorized and directed to achieve the objectives of this Agreement. 2. OBJECTIVE The primary objective of the SWAT Team is to respond effectively and appropriately to incidents which create a significant and higher safety risk for officers/detectives in the field and the public. Page 1 of 12 Packet Page 276 of 313 3. EXECUTIVE BOARD/SWAT STRUCTURE The undersigned Cities hereby create an Executive Board (Board) to direct the SWAT Team. The Executive Board shall be comprised of the Police Chiefs of all participating Cities. Based upon recommendations from the SWAT Commander and or Board members, the Board reviews and approves changes and updates to the SWAT Policy and Procedures Manual (SWAT Policy) and also provides approval and gives direction on operational matters as presented and requested by the SWAT Team Commander. Each member of the Board shall have an equal vote and voice on all Board decisions. All decisions, except those related to the SWAT Policy and Procedure manual, shall be made by a majority of voting Board members, provided a quorum of five (5) Board members are present. SWAT Policy and Procedure decisions shall require a unanimous vote from all Board members. The Board will meet at least once a quarter. 3.1 SWAT Team Structure 3.1.1 The goal of the SWAT Team is to have a minimum of twenty-four (24) trained officers and one (1) Command Level Officer (SWAT Team Commander). Staffing shall be proportional to the size of the participating city police department's commissioned strength and the ability of that police department to staff positions. 3.1.2 When subsequent attrition occurs in the SWAT Team, such vacancies shall be filled based on a mutually agreed to and managed selection process approved by the Board. 3.1.3 The Board will determine the host police department for the SWAT Team and the selection of the SWAT Team Commander. The SWAT Team Commander will recommend appointments for the positions of Assistant SWAT Team Commander and SWAT Team Leader(s) to the Board who shall have final approval. 3.1.4 Incident command shall be the responsibility of the police department of jurisdiction in which the incident occurs. The police department of jurisdiction may delegate incident command responsibility to the SWAT Team Commander, or an appointed designee in his absence, but will still be required to provide a liaison to the SWAT Team Commander for the duration of the event. 3.1.5 Distraction devices, gas munitions, and entrance explosives will be stored and handled per the SWAT Policy and Procedures manual and other applicable state and federal laws and regulations. Page 2 of 12 Packet Page 277 of 313 3.1.6 The general specifications of SWAT equipment/weapons will be contained within the SWAT Policy and Procedures manual. 3.1.7 SWAT policies and procedures will be standardized and agreed to by all participating Board members including any modifications or amendments thereto. Each Board member understands that SWAT, when activated in their respective jurisdictions, will act in accordance with the SWAT Policy and Procedures manual, as unanimously approved by the Board. 3.1.8 Except as provided herein, all personnel are deemed to be continuing employment for their respective employers when activated as members of the functionally consolidated SWAT Team. Each participating City shall be solely and exclusively responsible for the compensation, benefits, and training expenses for those personnel. All rights, duties, and obligations of the employer and the employee shall remain with that participating City. Each City shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions on any applicable collective bargaining agreements and civil service rules and regulations and its disciplinary policies and procedures. 3.1.9 During field activation of the SWAT Team, an Incident Commander, SWAT Team Commander and SWAT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, SWAT Team Commander and SWAT Team Leader(s) shall be set forth in the SWAT Policy and Procedures manual approved by the Board. 3.2. Team Composition The Board determines the SWAT Team composition and selection process. 3.3 Crisis Negotiating Teams There will be a Crisis Negotiating Team (CNT) component. The Board will determine the composition of the Team and associated selection criteria. 3.4 Policy Development and Review 3.4.1 The Board shall determine who will coordinate development of SWAT Team policies and procedures. At a minimum, such policies and procedures shall address: a. Appointment to Team/Team Composition b. Risk Analysis Assessments C. Special Procedures Page 3 of 12 Packet Page 278 of 313 d. Munitions Storage Policy/Equipment Considerations e. Diversionary Device Use and Deployment f. Firearms Qualification Standards g. Minimum Training Requirements/Fitness Standards h. Mutual Aid Responses 3.4.2 Following policy and procedure review and approval, the Bear-d shall forward copies of the SWAT Policy and Procedures manual will be provided to the police departments of participating Cities. 4. COST SHARINGBUDGET AND FINANCE The Parties agree to budget and finance provisions for costs incurred by or in connection with the operations of the SWAT Team, in accordance with the following: 4.1. For purposes of general administration, the Board shall determine which City shall be designated as the Host police department. That police department will coordinate budgetary expenditures with all participating Cities. 4.2. All costs associated with the initial and continued outfitting of a SWAT Team member, including but not limited to, clothing and weapons shall be the responsibility of the employing City of any team member. This equipment shall remain the property of the purchasing City. The maintenance and replacement of individual team member's equipment shall be the responsibility of the employing City. 4.3. Any overtime costs associated with all deployment operations or team training of SWAT Team members shall be the responsibility of the employing City of any team member. 4.4. All member participating Cities understand there is need for equipment, and/or training for specialty positions within the team, that may be utilized by any qualified team member during the course of operations or training. 4.5. Each participating City will provide an amount of money determined by the Board and approved through the budget processes of each participating City's legislative body for necessary purchases per calendar year for approved operational expenditures. The Board shall designate one (1) participating City which will establish a single SWAT Team operational budget. Participating Cities agree to leave any money left over from that calendar year in the SWAT operational budget, which will be held in the account to supplement/augment SWAT organizational operations with the approval of the Board. 4.6. By May of each year, the SWAT Team Commander will submit a proposed operational budget request for approval to the Board, itemizing anticipated team/specialty Page 4 of 12 Packet Page 279 of 313 training and team equipment purchase requests for the following budget cycle. Each participating City will then submit for review and consideration the proposed operational and team/specialty training and team equipment budget via their own budget process. All team/specialty equipment purchases made during the calendar year will be documented via an inventory database spreadsheet. Training and equipment for individual team members will be the responsibility of each participating City. 4.7. During unusual occurrences, emergency expenses outside the parameters of the approved SWAT Team operational budget can be approved and ratified by agreement with a quorum of the Board. These expenses will be incurred only out of operational necessity (i.e., additional overtime or supplies related to a SWAT operation). 4.8. All Parties intend that the budget and finance provision contained herein shall support the activities of SWAT Team operations and training. 5. LIABILITY FOR INDEMNIFICATION AND DEFENSE FROM THIRD PARTY CLAIMS 5.1 Equal Sharing of Liability The Cities agree that liability for the negligent or unintentionally tortious actions of the SWAT Team or any police officer or employee working for or on behalf of the SWAT Team be shared equally on an equal shares basis between the participating Cities. It is further the agreement of the Cities that no City should be required to pay more than an equal share of the cost of payment of any judgment or settlement for a liability claim which arises out of and is proximately caused by the actions of any officer, employee or City which is acting on behalf of or in support of the SWAT Team and acting within the scope of any person's employment or duties to said SWAT Team. This risk sharing agreement shall not apply to judgments against any party or officer for punitive damages or for damages resulting from intentionally tortious actions. This general agreement on liability sharing is subject to the following terms and conditions set for the below in Sections 5.2 to 5.10. 5.2 Hold Harmless Each City agrees to hold harmless and indemnify the other participating Cities from any loss, claim or liability arising from or out of the negligent or unintentional tortious actions or inactions of its officers and employees or each other as related to any SWAT Team activity. Such liability shall be apportioned among the Cities equally on an equal shares basis subject to any limitation set forth below. 5.3 Defense of Lawsuits Each City shall be responsible for selecting and retaining legal counsel for itself and for any employee of said City who is named in a lawsuit alleging liability arising out of Page 5 of 12 Packet Page 280 of 313 SWAT Team operations. Each City who retains counsel for itself and/or its officers and employees shall be responsible for paying the attorney's fees incurred by that counsel. The Cities shall not share costs of defense among each other unless they specifically agree to have one attorney representing all of them in any particular legal action. 5.4 Notice of Claims and Lawsuits and Settlements In the event that a lawsuit is brought against a participating City, its officers and employees for actions arising out of their conduct in support of the SWAT Team operations, it shall be the duty of each said City to notify the other Cities that said claims or lawsuit has been initiated. No settlement of any such claim or lawsuit by any single City shall require equal shares contribution by any City unless it was done with the knowledge and specific consent of the other participating Cities. Any settlement made by any individual City or member which does not have the consent of the other participating Cities to this Agreement will not require any sharing of payment of said settlement on behalf of the non -consenting Cities. 5.4.1 Settlement Procedure 5.4.1(1) Any City who believes that it would be liable for a settlement or judgment which should be equally shared by the other participating Cities to this Agreement shall have the burden of notifying each other participating City of all settlement demands made to that City and any claims and/or lawsuits naming that city and/or its officers and employees for what may be a joint liability. Furthermore, if the other participating Cities are not named as parties to the actions, it shall be the burden of the City named in the lawsuit to keep the other participating Cities fully apprised of all developments in the case and all settlements demands, mediations or any other efforts made towards settlement. Settlements require the specific consent of all participating Cities to this Agreement before any equal share obligations for payment by all participating Cities becomes effective. 5.4.1(2) No City shall enter into a settlement with a claimant or plaintiff unless said settlement ends the liability of all participants to this Agreement and on behalf of their respective employees and officers. It is the intent of this Agreement that the Cities act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all Parties to this Agreement agree with the settlement costs or, in the alternative, that all Parties to this Agreement reject settlement demands and agree to go to trial and share equally in any judgment incurred as a result of the decision to go to trial. However, in the event that a settlement demand is presented to all the participating Cities to this Agreement and there is not unanimous consent to pay the settlement, then and only then the following results shall occur: Page 6 of 12 Packet Page 281 of 313 5.4.1(2)(1) The Cities shall be free to seek a separate settlement with the claimant and/or plaintiff which would eliminate the liability of that City and/or its officers and employees and, if such separate settlement is reached, that City would have no responsibility to pay any proportionate amount of any judgment rendered against the Cities and/or their officers and employees that did not settle. A City making a separate settlement would not have to pay any proportion amount of any subsequent settlement that others might reach. Any City making a separate settlement would have no right to seek any reimbursement or contribution for any portion of a settlement which said City had reached separately with the claimant and/or plaintiff. 5.5 Cooperation in Defense of Lawsuits The Cities and their respective defense counsel shall, to the extent reasonably legally possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of the operations of the SWAT Team and shall agree, wherever possible, to share non -attorney fee -related costs such as records gathering, preparation of trial exhibits, and the retention and payment of expert witnesses. 5.6 Payment of Judgments Unless there is an exception as provided in paragraphs 5.4.1(2) and 5.4.1(2)(1), it is the intention of the participating Cities under this Agreement to jointly pay any judgment on an equal share basis for any judgment against any officer and/or employee and/or City for negligence or unintentional tortious action arising out of their conduct in the course of their employment or duties as SWAT Team members or in support of such SWAT Team operations; regardless of what percentage of liability may be attributed to that participating City or its officers and employees by way of verdict or judgment, including the costs of any awarded plaintiff's attorney's fees and costs. It is the intent of the Parties to add up the total combined judgment against any participating City and/or officer and/or employee for compensatory damages and/or plaintiff's attorney's fees and costs and to divide said total combined judgment into equal shares and each City would then pay its equal share of the total combined judgment to satisfy the judgment. Any City which refused to pay its equal share would then be liable to the Cities who paid that City's share in order to satisfy a judgment plus any attorney's fees incurred in the collection of said monies from the non-paying City. 5.7 Nothing Herein Shall Require Or Be Interpreted To: 5.7.1 Waive any defense arising out of RCW Title 51. 5.7.2 Limit or restrict the ability of any City, officer or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to Page 7 of 12 Packet Page 282 of 313 seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 5.7.3 Cover or apportion or require proportionate payment of any judgment against any individual or City for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages, fines or sanctions against any individual or City. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This Agreement does not require equal sharing of any punitive damage awards, fines or sanctions. 5.8 Insurance Coverage The Cities shall, to the best of their ability, coordinate their liability insurance coverage's and/or self -insured coverage's to the extent possible to fully implement and follow the Agreement set forth herein. However, the consent of any liability insurance carrier or self -insured pool or organization is not required to make this Agreement effective as between the member Cities signing this Agreement and the failure of any insurance carrier or self -insured pooling organization to agree or follow the terms of this provision on liability shall not relieve any individual City from its obligation under this Agreement. 6. NON -WAIVER A waiver by any City hereto of a breach of any other City hereto of any covenant or condition of this Agreement shall not impair the right of the City not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of any City to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 7. AMENDMENTS This Agreement may only be amended by written agreement of all the undersigned Cities that have not terminated their respective participation under this Agreement. 8. SEVERABILITY Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement and/or their application to other parties and circumstances, not declared invalid or void, shall remain in full force and effect. 9. TERM AND TERMINATION Page 8 of 12 Packet Page 283 of 313 9.1 The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. 9.2 Any Party may withdraw from and terminate participation under this Agreement upon the giving of thirty (30) calendar days advance written notice of intent to withdraw/terminate to the other Parties herein. Withdrawal during any calendar year shall not entitle the withdrawing Party to a reduction or refund with respect to funds budgeted for or otherwise committed with respect to the withdrawing Party for any calendar year. Termination of this Agreement and/or withdrawal of a Party shall not terminate Section 5 hereof with respect to the withdrawing Party as to any incident arising prior to the withdrawal of the Party and Section 5 shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination. 9.3 A majority of the participating Cities may terminate this Agreement at any time. Such termination shall be set forth in a document signed by the authorized Chief Executive Officer or designee of a majority of the participating Cities. 9.4 Upon termination of this Agreement by the participating Cities, property used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the City that provided or paid for such items. Items that were jointly purchased by the Cities will be distributed between the police departments on a basis agreed to in writing by the respective police chiefs. 9.5 In the event that a City withdraws from and terminates participation under this Agreement in accordance with Section 9.2, property that was paid for and/or provided by that City and was used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the withdrawing/terminating City. Items that were jointly purchased by the Cities will continue to remain with and be available for use by the SWAT Team until such time that this Agreement is terminated in its entirety. Page 9 of 12 Packet Page 284 of 313 10. NOTICES AND CONTACTS Unless otherwise directed in writing, notices, reports, invoices, payments and other documents shall be delivered to each City as follows: City of Bothell Attn: Police Chief 18410 101" Ave., N.E. Bothell WA 98011 City of Kirkland Attn: Police Chief 123 5th Ave. Kirkland, WA 98033 City of Lynnwood Attn: Police Chief/Purchasing 19321 44th Ave., W. Lynnwood WA 98036 City of Monroe Attn: Police Chief 806 West Main Street Monroe WA 98272 City of Edmonds Attn: Police Chief 250 5th Ave., N. Edmonds WA 98020 City of Lake Forest Park Attn: Police Chief 17425 Ballinger Way, N.E. Lake Forest Park WA 98155 City of Mill Creek Attn: Police Chief 15728 Main St. Mill Creek, WA 98012 City of Mountlake Terrace Attn: Police Chief 5906 232°d St., S.W. Mountlake Terrace WA 98043 Notices mailed by any City shall be deemed effective on the date mailed. Any City may change its address for receipt of reports, notices, invoices, payments and other documents by giving the other Cities written notice of not less than seven (7) days prior to the effective date. 11. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Snohomish County, Washington. 13. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. Page 10 of 12 Packet Page 285 of 313 14. FILING As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the Snohomish County Auditor, or, alternatively, listed by subject on the website of each participating City. Dated this day of , 2013 Page 11 of 12 Packet Page 286 of 313 Element Leader SWAT Team Commander H.N.T. Asst. Team Team Leader MI Commander SWAT 1 Team Leader Asst. Team Aq_ sst. Team Leader 01 Leader Element Leader Element Leader 5 Person 5 Person 5 Person Element 0 Element 0 Element Sniper Element Leader 4 Person Sniper Element INTERLOCAL AGREEMENTBETWEEN THE CITIES OF BOTHELL, EDMONDS, KIRKLAND, LAKE FOREST PARK, LYNNWOOD, MILL CREEK, MONROE AND MOUNTLAKE TERRACE; FOR THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT)/ CRISIS NEGOTIATING TEAM (CNT) THIS INTERLOCAL AGREEMENT (Agreement) is entered into by and between the City of Bothell, a Washington municipal corporation (Bothell), the City of Edmonds, a Washington municipal corporation (Edmonds), the City of Kirkland, a Washington municipal corporation (Kirkland), the City of Lake Forest Park, a Washington municipal corporation (Lake Forest Park), the City of Lynnwood, a Washington municipal corporation (Lynnwood), the City of Mill Creek, a Washington municipal corporation (Mill Creek), the City of Monroe, a Washington municipal corporation (Monroe), and the City of Mountlake Terrace, a Washington municipal corporation (Mountlake Terrace), (collectively referred to hereinafter as Parties or Cities). WHEREAS, the Cities are public agencies as defined by RCW Chapter 39.34 and RCW Chapter 10.93, and are authorized to enter into interlocal agreements to provide for joint or cooperative actions to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, incidents of a serious criminal nature do occur which require a need for a specially trained and equipped unit to effectively resolve the situation. These incidents create a demand upon the undersigned Cities respective to resources which are better and more economically served by combining resources to form a joint specialty team called the NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS, (hereinafter SWAT Team); and WHEREAS, the SWAT Team shall be specially trained and equipped to provide a cooperative and joint effort among the undersigned Cities' police departments to respond to and resolve criminal activity of a high risk nature in accordance with state and federal law. NOW, THEREFORE, be it agreed in accordance with RCW 39.34 and RCW 10.93: 1. CREATION AND AUTHORIZATION The undersigned Cities hereby create THE NORTH SOUND METRO SPECIAL WEAPONS AND TACTICS (SWAT) Team. The SWAT Team is hereby authorized and directed to achieve the objectives of this Agreement. 2. OBJECTIVE The primary objective of the SWAT Team is to respond effectively and appropriately to incidents which create a significant and higher safety risk for officers/detectives in the field and the public. Page 1 of 12 Packet Page 288 of 313 3. EXECUTIVE BOARD/SWAT STRUCTURE The undersigned Cities hereby create an Executive Board (Board) to direct the SWAT Team. The Executive Board shall be comprised of the Police Chiefs of all participating Cities. Based upon recommendations from the SWAT Commander and or Board members, the Board reviews and approves changes and updates to the SWAT Policy and Procedures Manual (SWAT Policy) and also provides approval and gives direction on operational matters as presented and requested by the SWAT Team Commander. Each member of the Board shall have an equal vote and voice on all Board decisions. All decisions, except those related to the SWAT Policy and Procedure manual, shall be made by a majority of voting Board members, provided a quorum of five (5) Board members are present. SWAT Policy and Procedure decisions shall require a unanimous vote from all Board members. The Board will meet at least once a quarter. 3.1 SWAT Team Structure 3.1.1 The goal of the SWAT Team is to have a minimum of twenty-four (24) trained officers and one (1) Command Level Officer (SWAT Team Commander). Staffing shall be proportional to the size of the participating city police department's commissioned strength and the ability of that police department to staff positions. 3.1.2 When subsequent attrition occurs in the SWAT Team, such vacancies shall be filled based on a mutually agreed to and managed selection process approved by the Board. 3.1.3 The Board will determine the host police department for the SWAT Team and the selection of the SWAT Team Commander. The SWAT Team Commander will recommend appointments for the positions of Assistant SWAT Team Commander and SWAT Team Leader(s) to the Board who shall have final approval. 3.1.4 Incident command shall be the responsibility of the police department of jurisdiction in which the incident occurs. The police department of jurisdiction may delegate incident command responsibility to the SWAT Team Commander, or an appointed designee in his absence, but will still be required to provide a liaison to the SWAT Team Commander for the duration of the event. 3.1.5 Distraction devices, gas munitions, and entrance explosives will be stored and handled per the SWAT Policy and Procedures manual and other applicable state and federal laws and regulations. Page 2 of 12 Packet Page 289 of 313 3.1.6 The general specifications of SWAT equipment/weapons will be contained within the SWAT Policy and Procedures manual. 3.1.7 SWAT policies and procedures will be standardized and agreed to by all participating Board members including any modifications or amendments thereto. Each Board member understands that SWAT, when activated in their respective jurisdictions, will act in accordance with the SWAT Policy and Procedures manual, as unanimously approved by the Board. 3.1.8 Except as provided herein, all personnel are deemed to be continuing employment for their respective employers when activated as members of the functionally consolidated SWAT Team. Each participating City shall be solely and exclusively responsible for the compensation, benefits, and training expenses for those personnel. All rights, duties, and obligations of the employer and the employee shall remain with that participating City. Each City shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions on any applicable collective bargaining agreements and civil service rules and regulations and its disciplinary policies and procedures. 3.1.9 During field activation of the SWAT Team, an Incident Commander, SWAT Team Commander and SWAT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, SWAT Team Commander and SWAT Team Leader(s) shall be set forth in the SWAT Policy and Procedures manual approved by the Board. 3.2. Team Composition The Board determines the SWAT Team composition and selection process. 3.3 Crisis Negotiating Teams There will be a Crisis Negotiating Team (CNT) component. The Board will determine the composition of the Team and associated selection criteria. 3.4 Policy Development and Review 3.4.1 The Board shall determine who will coordinate development of SWAT Team policies and procedures. At a minimum, such policies and procedures shall address: a. Appointment to Team/Team Composition b. Risk Analysis Assessments C. Special Procedures Page 3 of 12 Packet Page 290 of 313 d. Munitions Storage Policy/Equipment Considerations e. Diversionary Device Use and Deployment f. Firearms Qualification Standards g. Minimum Training Requirements/Fitness Standards h. Mutual Aid Responses 3.4.2 Following policy and procedure review and approval, copies of the SWAT Policy and Procedures manual will be provided to the police departments of participating Cities. 4. COST SHARINGBUDGET AND FINANCE The Parties agree to budget and finance provisions for costs incurred by or in connection with the operations of the SWAT Team, in accordance with the following: 4.1. For purposes of general administration, the Board shall determine which City shall be designated as the Host police department. That police department will coordinate budgetary expenditures with all participating Cities. 4.2. All costs associated with the initial and continued outfitting of a SWAT Team member, including but not limited to, clothing and weapons shall be the responsibility of the employing City of any team member. This equipment shall remain the property of the purchasing City. The maintenance and replacement of individual team member's equipment shall be the responsibility of the employing City. 4.3. Any overtime costs associated with all deployment operations or team training of SWAT Team members shall be the responsibility of the employing City of any team member. 4.4. All member participating Cities understand there is need for equipment, and/or training for specialty positions within the team, that may be utilized by any qualified team member during the course of operations or training. 4.5. Each participating City will provide an amount of money determined by the Board and approved through the budget processes of each participating City's legislative body for necessary purchases per calendar year for approved operational expenditures. The Board shall designate one (1) participating City which will establish a single SWAT Team operational budget. Participating Cities agree to leave any money left over from that calendar year in the SWAT operational budget, which will be held in the account to supplement/augment SWAT organizational operations with the approval of the Board. 4.6. By May of each year, the SWAT Team Commander will submit a proposed operational budget request for approval to the Board, itemizing anticipated team/specialty Page 4 of 12 Packet Page 291 of 313 training and team equipment purchase requests for the following budget cycle. Each participating City will then submit for review and consideration the proposed operational and team/specialty training and team equipment budget via their own budget process. All team/specialty equipment purchases made during the calendar year will be documented via an inventory database spreadsheet. Training and equipment for individual team members will be the responsibility of each participating City. 4.7. During unusual occurrences, emergency expenses outside the parameters of the approved SWAT Team operational budget can be approved and ratified by agreement with a quorum of the Board. These expenses will be incurred only out of operational necessity (i.e., additional overtime or supplies related to a SWAT operation). 4.8. All Parties intend that the budget and finance provision contained herein shall support the activities of SWAT Team operations and training. 5. LIABILITY FOR INDEMNIFICATION AND DEFENSE FROM THIRD PARTY CLAIMS 5.1 Equal Sharing of Liability The Cities agree that liability for the negligent or unintentionally tortious actions of the SWAT Team or any police officer or employee working for or on behalf of the SWAT Team be shared equally on an equal shares basis between the participating Cities. It is further the agreement of the Cities that no City should be required to pay more than an equal share of the cost of payment of any judgment or settlement for a liability claim which arises out of and is proximately caused by the actions of any officer, employee or City which is acting on behalf of or in support of the SWAT Team and acting within the scope of any person's employment or duties to said SWAT Team. This risk sharing agreement shall not apply to judgments against any party or officer for punitive damages or for damages resulting from intentionally tortious actions. This general agreement on liability sharing is subject to the following terms and conditions set for the below in Sections 5.2 to 5.10. 5.2 Hold Harmless Each City agrees to hold harmless and indemnify the other participating Cities from any loss, claim or liability arising from or out of the negligent or unintentional tortious actions or inactions of its officers and employees or each other as related to any SWAT Team activity. Such liability shall be apportioned among the Cities equally on an equal shares basis subject to any limitation set forth below. 5.3 Defense of Lawsuits Each City shall be responsible for selecting and retaining legal counsel for itself and for any employee of said City who is named in a lawsuit alleging liability arising out of Page 5 of 12 Packet Page 292 of 313 SWAT Team operations. Each City who retains counsel for itself and/or its officers and employees shall be responsible for paying the attorney's fees incurred by that counsel. The Cities shall not share costs of defense among each other unless they specifically agree to have one attorney representing all of them in any particular legal action. 5.4 Notice of Claims and Lawsuits and Settlements In the event that a lawsuit is brought against a participating City, its officers and employees for actions arising out of their conduct in support of the SWAT Team operations, it shall be the duty of each said City to notify the other Cities that said claims or lawsuit has been initiated. No settlement of any such claim or lawsuit by any single City shall require equal shares contribution by any City unless it was done with the knowledge and specific consent of the other participating Cities. Any settlement made by any individual City or member which does not have the consent of the other participating Cities to this Agreement will not require any sharing of payment of said settlement on behalf of the non -consenting Cities. 5.4.1 Settlement Procedure 5.4.1(1) Any City who believes that it would be liable for a settlement or judgment which should be equally shared by the other participating Cities to this Agreement shall have the burden of notifying each other participating City of all settlement demands made to that City and any claims and/or lawsuits naming that city and/or its officers and employees for what may be a joint liability. Furthermore, if the other participating Cities are not named as parties to the actions, it shall be the burden of the City named in the lawsuit to keep the other participating Cities fully apprised of all developments in the case and all settlements demands, mediations or any other efforts made towards settlement. Settlements require the specific consent of all participating Cities to this Agreement before any equal share obligations for payment by all participating Cities becomes effective. 5.4.1(2) No City shall enter into a settlement with a claimant or plaintiff unless said settlement ends the liability of all participants to this Agreement and on behalf of their respective employees and officers. It is the intent of this Agreement that the Cities act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all Parties to this Agreement agree with the settlement costs or, in the alternative, that all Parties to this Agreement reject settlement demands and agree to go to trial and share equally in any judgment incurred as a result of the decision to go to trial. However, in the event that a settlement demand is presented to all the participating Cities to this Agreement and there is not unanimous consent to pay the settlement, then and only then the following results shall occur: Page 6 of 12 Packet Page 293 of 313 5.4.1(2)(1) The Cities shall be free to seek a separate settlement with the claimant and/or plaintiff which would eliminate the liability of that City and/or its officers and employees and, if such separate settlement is reached, that City would have no responsibility to pay any proportionate amount of any judgment rendered against the Cities and/or their officers and employees that did not settle. A City making a separate settlement would not have to pay any proportion amount of any subsequent settlement that others might reach. Any City making a separate settlement would have no right to seek any reimbursement or contribution for any portion of a settlement which said City had reached separately with the claimant and/or plaintiff. 5.5 Cooperation in Defense of Lawsuits The Cities and their respective defense counsel shall, to the extent reasonably legally possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of the operations of the SWAT Team and shall agree, wherever possible, to share non -attorney fee -related costs such as records gathering, preparation of trial exhibits, and the retention and payment of expert witnesses. 5.6 Payment of Judgments Unless there is an exception as provided in paragraphs 5.4.1(2) and 5.4.1(2)(1), it is the intention of the participating Cities under this Agreement to jointly pay any judgment on an equal share basis for any judgment against any officer and/or employee and/or City for negligence or unintentional tortious action arising out of their conduct in the course of their employment or duties as SWAT Team members or in support of such SWAT Team operations; regardless of what percentage of liability may be attributed to that participating City or its officers and employees by way of verdict or judgment, including the costs of any awarded plaintiff's attorney's fees and costs. It is the intent of the Parties to add up the total combined judgment against any participating City and/or officer and/or employee for compensatory damages and/or plaintiff's attorney's fees and costs and to divide said total combined judgment into equal shares and each City would then pay its equal share of the total combined judgment to satisfy the judgment. Any City which refused to pay its equal share would then be liable to the Cities who paid that City's share in order to satisfy a judgment plus any attorney's fees incurred in the collection of said monies from the non-paying City. 5.7 Nothing Herein Shall Require Or Be Interpreted To: 5.7.1 Waive any defense arising out of RCW Title 51. 5.7.2 Limit or restrict the ability of any City, officer or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to Page 7 of 12 Packet Page 294 of 313 seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 5.7.3 Cover or apportion or require proportionate payment of any judgment against any individual or City for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages, fines or sanctions against any individual or City. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This Agreement does not require equal sharing of any punitive damage awards, fines or sanctions. 5.8 Insurance Coverage The Cities shall, to the best of their ability, coordinate their liability insurance coverage's and/or self -insured coverage's to the extent possible to fully implement and follow the Agreement set forth herein. However, the consent of any liability insurance carrier or self -insured pool or organization is not required to make this Agreement effective as between the member Cities signing this Agreement and the failure of any insurance carrier or self -insured pooling organization to agree or follow the terms of this provision on liability shall not relieve any individual City from its obligation under this Agreement. 6. NON -WAIVER A waiver by any City hereto of a breach of any other City hereto of any covenant or condition of this Agreement shall not impair the right of the City not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of any City to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 7. AMENDMENTS This Agreement may only be amended by written agreement of all the undersigned Cities that have not terminated their respective participation under this Agreement. 8. SEVERABILITY Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement and/or their application to other parties and circumstances, not declared invalid or void, shall remain in full force and effect. 9. TERM AND TERMINATION Page 8 of 12 Packet Page 295 of 313 9.1 The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. 9.2 Any Party may withdraw from and terminate participation under this Agreement upon the giving of thirty (30) calendar days advance written notice of intent to withdraw/terminate to the other Parties herein. Withdrawal during any calendar year shall not entitle the withdrawing Party to a reduction or refund with respect to funds budgeted for or otherwise committed with respect to the withdrawing Party for any calendar year. Termination of this Agreement and/or withdrawal of a Party shall not terminate Section 5 hereof with respect to the withdrawing Party as to any incident arising prior to the withdrawal of the Party and Section 5 shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination. 9.3 A majority of the participating Cities may terminate this Agreement at any time. Such termination shall be set forth in a document signed by the authorized Chief Executive Officer or designee of a majority of the participating Cities. 9.4 Upon termination of this Agreement by the participating Cities, property used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the City that provided or paid for such items. Items that were jointly purchased by the Cities will be distributed between the police departments on a basis agreed to in writing by the respective police chiefs. 9.5 In the event that a City withdraws from and terminates participation under this Agreement in accordance with Section 9.2, property that was paid for and/or provided by that City and was used and/or in the possession of the SWAT Team pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and Class C low explosives, shall belong to and shall be returned to the withdrawing/terminating City. Items that were jointly purchased by the Cities will continue to remain with and be available for use by the SWAT Team until such time that this Agreement is terminated in its entirety. Page 9 of 12 Packet Page 296 of 313 10. NOTICES AND CONTACTS Unless otherwise directed in writing, notices, reports, invoices, payments and other documents shall be delivered to each City as follows: City of Bothell Attn: Police Chief 18410 101" Ave., N.E. Bothell WA 98011 City of Kirkland Attn: Police Chief 123 5th Ave. Kirkland, WA 98033 City of Lynnwood Attn: Police Chief/Purchasing 19321 44th Ave., W. Lynnwood WA 98036 City of Monroe Attn: Police Chief 806 West Main Street Monroe WA 98272 City of Edmonds Attn: Police Chief 250 5th Ave., N. Edmonds WA 98020 City of Lake Forest Park Attn: Police Chief 17425 Ballinger Way, N.E. Lake Forest Park WA 98155 City of Mill Creek Attn: Police Chief 15728 Main St. Mill Creek, WA 98012 City of Mountlake Terrace Attn: Police Chief 5906 232°d St., S.W. Mountlake Terrace WA 98043 Notices mailed by any City shall be deemed effective on the date mailed. Any City may change its address for receipt of reports, notices, invoices, payments and other documents by giving the other Cities written notice of not less than seven (7) days prior to the effective date. 11. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Snohomish County, Washington. 13. EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument. Page 10 of 12 Packet Page 297 of 313 14. FILING As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the Snohomish County Auditor, or, alternatively, listed by subject on the website of each participating City. Dated this day of , 2013 Page 11 of 12 Packet Page 298 of 313 (Remove Org. Chart — Keep in Policy Manual for Updating Purposes) Page 12 of 12 Packet Page 299 of 313 CITY OF EDMONDS By: Title: Dated: ATTEST: By: City Clerk Dated: APPROVED AS TO FORM: City Attorney Dated: Packet Page 300 of 313 CITY OF EDMONDS By: Title Dated: ATTEST: By: City Clerk Dated: APPROVED AS TO FORM: By: City Attorney Dated: Packet Page 301 of 313 CITY OF LAKE FOREST PARK By: Title: Dated: ATTEST: By: City Clerk Dated: APPROVED AS TO FORM: wo City Attorney Dated: Packet Page 302 of 313 CITY OF LYNNWOOD By: Title: Dated: ATTEST: By: Finance Director Dated: APPROVED AS TO FORM: City Attorney Dated: Packet Page 303 of 313 CITY OF MOUNTLAKE TERRACE By: Title: Dated: ATTEST: By: City Clerk Dated: APPROVED AS TO FORM: wo City Attorney Dated: Packet Page 304 of 313 CITY OF MONROE By: Title: Dated: ATTEST: By: City Clerk Dated: APPROVED AS TO FORM: wo City Attorney Dated: Packet Page 305 of 313 CITY OF KIRKLAND By:— Title: - Dated: ATTEST: City Clerk Dated: APPROVED AS TO FORM: Un City Attorney Dated: Packet Page 306 of 313 CITY OF BOTHELL By:— Title: - Dated: ATTEST: City Clerk Dated: APPROVED AS TO FORM: Un City Attorney Dated: Packet Page 307 of 313 AM-5734 City Council Meeting and Committee Meetings Meeting Date: 05/14/2013 Time: 15 Minutes Submitted By: Al Compaan Department: Police Department Committee: Finance Public Safety, Personnel Subject Title 2013 COPS Hiring Program Grant Solicitation Recommendation Previous Council Action Narrative Type: Information Action 9. E. The United States Department of Justice has announced its 2013 COPS Hiring Program (CHP). The FY2013 CHP grants will provide up to 75 percent of the approved entry-level salaries and benefits of full-time police officers for a 36 month grant period, with a 25 percent local match requirement. At the conclusion of the 36 months of federal funding, grantees must retain all sworn positions awarded under the CHP grant for a minimum of 12 months. Applicants are required to affirm in their CHP grant application that their agency plans to retain any additional officer positions awarded following the expiration of the grant and identify their planned source(s) of retention funding. The Police Department is asking City Council whether there is interest on Council's part for the Department to submit a CHP grant application since the grant does require guarantee of funding source(s) in future years. FY2013 CHP grants limit the number of funded positions to 5 percent of the actual sworn force strength as reported on the date of application. For Edmonds, that would equate to no more than two grant funded positions. Completed grant applications must be submitted no later than close of business on May 22, 2013. Detailed information can be found at http://www.cops.usdoj.gov/Default.asp?Item=2367 CHP Grant Invitation Letter CHP Grant Fact Sheet Inbox Reviewed By City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Sandy Chase Fonn Started By: Al Compaan Final Approval Date: 05/09/2013 Attachments Form Review Date 05/08/2013 09:33 AM 05/09/2013 03:54 PM 05/09/2013 04:09 PM Started On: 05/07/2013 02:20 PM Packet Page 308 of 313 U.S. DEPARTMENT OF JUSTICE COPS OFFICE OF COMMUNITY ORIENTED POLICING SERVICES 145 N Street, NE., Washington, D.C. 20530 April 16, 2013 RE: 2013 COPS Hiring Program (CHP) Application Period — COMING SOON! Dear Colleague: The Office of Community Oriented Policing Services (COPS Office) is pleased to announce that during the week of April 22, 2013 we will begin accepting grant applications for the Fiscal Year (FY) 2013 COPS Hiring Program (CHP). Applications for this year's CHP solicitation must be complete and submitted by 7:59 PM EDT on Wednesday, May 22, 2013, in order to receive consideration. CHP is a competitive grant program that provides funding directly to law enforcement agencies having primary law enforcement authority to hire and/or rehire career law enforcement officers in an effort to increase their community policing capacity and crime prevention efforts. 2013 CHP grants will cover up to 75 percent of the approved entry-level salary and benefits for three years (36 months) for newly hired, full-time sworn officer positions (including filing existing unfunded vacancies) or for rehired officers who have been laid off, or are scheduled to be laid off on a specific future date, as a result of local budget cuts. A minimum 25 percent local cash match is therefore required. Under 2013 CHP, there is also a maximum federal contribution of $125,000 per position over the three-year grant period. Please note that at the conclusion of federal funding, grantees must retain all sworn officer positions awarded under the CHP grant. The retained CHP-funded position(s) should be added to the grantee's law enforcement budget with state and/or local funds, over and above the number of locally -funded positions that would have existed in the absence of the grant. There are two major changes to this year's program. While hiring military veterans is not a grant requirement under 2013 CHP, applicants who commit to taking active steps to recruit, hire and deploy at least one military veteran under FY2013 CHP will receive additional consideration for CHP funding. In addition, the issue of school safety has emerged as a national priority with the law enforcement community, educators, and the general public. As such, additional consideration will be given for applicants who indicate that the officer positions requested will be deployed as a School Resource Officer (SRO). Please note that applications for this program must be submitted in two parts. First, applicants must apply online via www.grants.gov to complete the SF-424, the government -wide standard form required for competitive grant application packages. Once the SF-424 has been submitted, you will receive an e-mail from the COPS Office with instructions on completing the second part of the CHP application through the COPS Office Online Application System (CAPS). For more detailed information about preparing for this year's program, please see the following pages. You may also visit the COPS Office website at www.cops.usdoj.gov the week of April 22, 2013 for detailed information on CHP program requirements, or call the COPS Office Response Center at 1.800.421.6770. The COPS Office looks forward to working with your agency. Sincerely, Joshua A. Ederheimer Acting Director ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING Packet Page 309 of 313 Preparinz Your Application The COPS Office wants to ensure that your agency has sufficient time to complete your CHP application; we strongly recommend that your agency begin preparations for your application at this time. To minimize delays in submitting your application, please take some time now to address the following: • It is strongly recommended that applicants register immediately on www. rg ants.gov. For instructions on how to register with Grants.gov please visit www. rg ants.gov/assets/OrgRegUserGuide.pdf. In addition, applicants are strongly encouraged to complete the SF-424 as quickly as possible. For technical assistance with submitting the SF-424, call the Grants.gov Contact Center at 800.518.4726 or e-mail supportg2rants.gov. • Visit the "Account Access" portion of the COPS web site at www.cops.usdoj.gov to determine if your agency currently has an active online account and/or how to create one. Please note that the COPS Agency Portal ("Account Access") has recently been modified. Answers to frequently asked questions regarding the COPS Agency Portal can be found at: www.cops.usdoj.gov/Default.asp?Item=2566 or by contacting the COPS Response Center at 1.800.421.6770. • If you do not remember your password or user name and need assistance with creating an account and/or system access, or you would like to verify your agency's correct ORI number, call 1.800.421.6770 between 9:00 AM and 5:00 PM EDT, or e-mail askcopsrcnusdoj.gov. • Once logged into "Account Access," your agency will be able to add additional user accounts and also update your agency contact and address information. Please ensure that your agency's Law Enforcement Executive, Government Executive, and point of contact information are current with our office. • A Data Universal Numbering System (DUNS) number is required to submit applications for COPS funding. A DUNS number is a unique nine or thirteen -digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federal funds. Please note that obtaining a DUNS number may take one to two business days. Visit www.dnb.com/us to obtain or verify your number. • In addition to the DUNS number requirement, all applicants for federal financial assistance must be registered in the System for Award Management (SAM) database prior to submitting an application. The SAM database is the repository for standard information about federal financial assistance applicants, recipients, and sub - recipients. Applicants must maintain an active SAM registration with current information at all times during the grant application process and, if awarded, the grant award period. If you have an active SAM registration that is set to expire before September 30, 2013, you must renew your SAM registration before completing the application. Please note that the SAM verification process may take up to two weeks to complete. To register or to verify that your SAM registration has not expired, please visit www.sam.gov. • You will be required to provide the unique Geographic Names Information System (GNIS) identification number assigned to your agency. To look up your GNIS Feature ID, please visit: http://geonames.usgs.gov/domestic/index.html. • Prepare to identify one community policing problem your agency will address with the requested funding. Consider your current and planned community policing efforts and how they build community partnerships, complement other community initiatives, and lead to organizational transformation. • Gather information devoted to the need for federal assistance, including layoff and furlough information, and unemployment rates. • Prepare current budgetary information, such as current and projected entry-level officer salary and benefits. ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING Packet Page 310 of 313 • Determine if your agency can meet the local cash match and federal share requirements, or whether a waiver of the local cash match will be requested based on severe fiscal distress. Applicants should note that all recipients of awards of $25,000 or more under this solicitation, consistent with the Federal Funding Accountability and Transparency Act (FFATA), will be required to report award information on any first -tier subawards totaling $25,000 or more, and, in certain cases, to report information on the names and total compensation of the five most highly compensated executives of the recipient and first -tier subrecipients. If applicable, the FFATA Subaward Reporting System (FSRS), accessible via the Internet at www.fsrs.gov, is the reporting tool recipients under this solicitation will use to capture and report subaward information and any executive compensation data required by FFATA. The subaward information entered in FSRS will then be displayed on www.USASpending•gov associated with the prime award, furthering Federal spending transparency. All applicants should note that all recipients, as a condition of receipt of federal assistance, must acknowledge and agree that they will not (and will require any subgrantees, contractors, successors, transferees, and assignees not to), on the ground of race, color, religion, national origin, sex, disability, or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non-discrimination provisions of Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794); the Age Discrimination Act of 1975 (42 U.S.C. §6101, et seq.); Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 et seq.); and the corresponding DOJ regulations implementing those statutes at 28 C.F.R. part 42 (subparts C, D, E, G, and I). It will also comply with Executive Order 13279 Equal Treatment for Faith -Based Organizations and its implementing regulations at 28 C.F.R Part 38, which requires equal treatment of religious organizations in the funding process and nondiscrimination of beneficiaries by Faith -Based Organizations on the basis of belief or non -belief. • Each applicant entity must ensure that it has the necessary processes and systems in place to comply with the applicable reporting requirements should it receive funding. ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING Packet Page 311 of 313 U.S. Department of Justice Office of Community Oriented Policing Services COPS Fact Sheet Community Oriented Policing Services U.S. Department of Justice "We are pleased to partner with 2013 COPS Hiring Program local law enforcement in their efforts to enhance public safety through Strengthening Community Policing by Hiring Officers community policing." The fiscal year (FY) 2013 COPS Hiring Program (CHP) is designed to advance public Joshua A. Ederheimer, Acting Director safety through community policing by addressing the full-time sworn officer needs of state, Office of Community Oriented Policing Services local, and tribal law enforcement agencies nationwide. CHP provides funds directly to law enforcement agencies to hire new and/or rehire career law enforcement officers, and to increase their community policing capacity and crime prevention efforts. The FY2013 CHP grant program is an open solicitation. All local, state, and tribal law Below are a variety of resources better enable enforcement agencies that have primary law enforcement authority are eligible to apply. law enforcement agencies to recruit, it, hire, and retain All awards are subject to the availability of appropriated funds and any modifications or officers. Additional resources to assist with the hiring of military veterans as law enforcement officers are additional requirements that may be imposed by law. also included. Supporting Local Law Enforcement • COPS Video (ast—Hiring in the Spirit ofService More than 15 years after the Violent Crime Control and Law Enforcement Act of 1994 King County Sheriff Sue Rahr explains how her was signed into law, the COPS Office continues to support the efforts of law enforcement agency's involvement in the"Hiring in the Spirit agencies across the country as they develop creative and innovative ways of dealing with long- ofService"program helped aid organizational standing community problems and public safety issues. To date, the COPS Office has funded transformation and drastically improved recruiting the addition of more than 124,000 officers to more than 13,000 state, local, and tribal law and retention. http://cops.usdoo.gov/html/ COPSMediaCenter/index.html enforcement agencies to advance community policing in small and large jurisdictions across the nation. • innovationsin Police Recruitment and Hiring —Hiringinthe Spirit ofService discusses how CHP is one of several hiring programs developed by the COPS Office since its inception agencies met their goals of hiring service -oriented to support law enforcement. This is particularly important as state, local, and tribal law recruits, and the challenges encountered as well enforcement agencies embrace the challenges of keeping communities safe and maintaining as lessons learned. http://ric-zai-inc.com/ric. sufficient sworn personnel levels while enduring ever shrinking budgets. php?page=detail&id=COPS-W0113 • Law Enforcement Recruitment Toolkit Developed Funding Provisions by the International Association of Chiefs of Police FY2013 CHP grants will provide up to 75 percent of the approved entry-level salaries OACP), this toolkit is composed of four reports, each and fringe benefits of full-time officers for a 36-month grant period, with a minimum 25 focusing on a different area of recruitment. This percent local cash match requirement and a maximum federal share of $125,000 per officer toolkit is one step among many in addressing the position. FY2013 CHP grants may be used on or after the official grant award start date to: recruitment needs of the field. The issues of police (1) hire new officers (including filling existing officer vacancies that are no longer funded in recruitment, selection, and retention are critical to an agency's budget); (2) rehire officers already laid off (at the time of application) as a result the advancement of community policing and the policing profession in general. http://ric-zai-inc. of state, local, or Bureau of Indian Affairs (BIA) budget reductions unrelated to the receipt com/ric.php?page=detail&id=COPS-P171 of grant funding; or (3) rehire officers scheduled to be laid off (at the time of application) on a specific future date as a result of state, local, or BIA budget reductions unrelated to the • Discover Policing This website offers first-hand receipt of grant funding. CHP applicants may request funding in one or more of the above - descriptions of law enforcement work and provides referenced hiring categories. opportunities for potential recruits and agencies to connect. www.discoverpolicing.orq The COPS Office has capped the number of officers that an agency can request through • Police Recruitment and Retention for the New the FY2013 CHP program. All agencies' requests will be capped at no more than 5 percent Millennium summarizes for police practitioners of their actual sworn force strength as reported on the date of application. Agencies with a lessons on recruiting and retaining diverse, service population of 1 million or above may apply for up to 25 officer positions; however, effective workforces. It provides a means for agencies with a service population less than 1 million may apply for up to 15 officer positions. local officials to identify what has been tried The request of any agency with a sworn force strength less than or equal to 20 will be capped elsewhere and what might be applicable in elsewhere le in m/ their communities. http://ric-zai-inc.com/ at one officer. CHP grant funding will be based on the current full-time entry-level salary and ricphp?paqe=detail&id=COPS-P199 fringe benefits package of an officer in the department. Any additional costs for higher than entry-level salaries and fringe benefits will be the responsibility of the grantee agency. Packet Page 312 of 313 The COPS Office may grant a waiver of some or all of an applicant's local match requirement. During the application review process, waiver requests will be evaluated based on a demonstration of severe fiscal distress. • Today' PoliceandSheriff Recruits provides The COPS statutory nonsupplanting requirement mandates that CHP funds must be used the results of a recruit assessment conducted by RAND, including findings about the overall to supplement (increase) state, local, or BIA funds that would have been dedicated toward sample as well as those focused on groups sworn officer positions if federal funding had not been awarded. CHP grant funds must often of particular interest to law enforcement not be used to supplant (replace) local funds that agencies otherwise would have devoted to recruitment professionals. http://ric-zai-inc.com/ric. sworn officer hiring. The hiring or rehiring of officers under CHP must be in addition to, php?page=detail&id=COPS-W0592 and not in lieu of, officers who otherwise would have been hired or rehired with state, local, • Combat Deployment and the Returning Police or BIA funds. Officer examines issues concerning police officers' At the conclusion of the 36 months of federal funding, grantees must retain all sworn officer transition back to work after combat zone positions awarded under the CHP grant for a minimum of 12 months. The retained CHP- deployment. Topics include the psychological effects of combat deployment, methods that may funded position(s) should be added to the grantee's law enforcement budget with state and/or lessen the severity of combat stress experienced, local funds, over and above the number of locally -funded positions that would have existed in and strategies used by police agencies to help the absence of the grant. Applicants are required to affirm in their CHP grant application that officers returning back to work, their families, their agency plans to retain any additional officer positions awarded following the expiration and communities. The report highlights the of the grant and identify their planned source(s) of retention funding. responses of four police agencies that have taken measures to assist returning officers, and offers Differences in FY2013 CHP recommendations for further study. http://ric-zai- Under FY2013 CHP, new hire officer positions are not required to be military veterans, inc.com/ric.php?paqe=detail&id=COPS-P150 as under FY2012 CHP. However, since the COPS Office supports the Attorney General's • Assigning Police Officers to Schools Nearlyhalf commitment to hiring military veterans whenever possible, applicants who commit to hiring of all public schools have assigned police officers, or rehiring at least one military veteran under CHP will receive additional consideration for commonly referred to as school resource officers FY2013 CHP funding. These military veterans may be in any of the three hiring categories (SRO) or education officers. This publication described above, not just new hires. summarizes the typical duties of SROs, synthesizes the research pertaining to their effectiveness, The COPS Office supports the Attorney General's priority goal of reducing violent crime, and presents issues for communities to bear especially gun violence. To this end, applicants who choose "Homicide" or "Gun Violence" in mind when considering the adoption of as their community policing problem area under 2013 CHP will receive additional an SRO model. http://ric-zai-inc.com/ric. consideration for CHP funding; however, if awarded CHP funding, grantees will not be able php?paqe=detail&id=COPS-P182 to change these problem areas post -award. • School Safety((D-ROM) provides more than 110 Applicants who request officer positions in order to deploy School Resource Officers (SRO) documents and links related to school violence, will likewise receive additional consideration for FY2013 CHP funding. Applicants who gangs, bullying, and property crime as a resource to local policymakers, law enforcement, school wish to do so must choose the "School Based Policing through School Resource Officers" administrators, parents, and students. Bullying, community policing problem area in their 2013 CHP application. Note that applicants stalking, and other interpersonal crimes affect requesting officer positions(s) in order to deploy SROs must deploy all their officer positions our nation's children at an alarming rate. As such, as SROs. Moreover, if awarded CHP funding, CHP grantees who chose this specific School Safety provides resources on bullying and community policing problem area will not be allowed to change it post -award. CHP grantees interpersonal violence, youth violence prevention, who use CHP funding to deploy SROs will also be required to submit to the COPS Office alcohol and substance abuse, community the contact information for each school partner where they intend to deploy the SROs, and to partnerships, property crime and nuisance provide a Memorandum of Understanding between the CHP grantee and the school partner. violations, school resource officers, and emergency preparedness and management. How to Apply http://ric-zai-inc.com/ric. Applicants are first required to register via www rg ants.gov and complete an SF-424. Once the php?paqe=detail&id=COPS-CD010 SF-424 has been submitted, applicants will receive an e-mail with instructions on completing Additional COPS publications and resources are the second part of the CHP application through the COPS Office Online Application System. posted online at www.cops.usdoj.gov. To complete the CHP application, please go to the COPS website at www.cops.usdoi.gov and click on the "Account Access" link in the upper right hand corner. Enter your username and password and select "COPS Hiring Program" from the menu of services. Complete application packages for the FY2013 CHP solicitation are due by May 22, 2013, at 7:59 PM, EDT. Hard copies or electronic copies sent via e-mail will not be accepted. Contact the COPS Office For more information about the COPS Hiring Program, please call the COPS Office Response Center at 800.421.6770, or visit COPS Online at www.cops.usdoigov. Rev April 2013 Packet Page 313 of 313