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2013-08-27 City Council - Public Agenda-1512'4- o 90� AGENDA EDMONDS CITY COUNCIL Council Chambers — Public Safety Complex 250 5th Avenue North, Edmonds AUGUST 27, 2043 6:30 P.M. - CALL TO ORDER / FLAG SALUTE 1. (5 Minutes) Roll Call 2. (15 Minutes) Interview candidate for appointment to the Lodging Tax Advisory Committee AM-6039 3. (15 Minutes) Meet with Architectural Design Board candidate Brian Borofka for confirmation to the AM-6055 ADB. 4. (5 Minutes) Approval of Agenda 5. (5 Minutes) Approval of Consent Agenda Items A. AM-6062 Approval of City Council Meeting Minutes of August 20, 2013 B. AM-6059 Approval of claim checks #203919 through #204019 dated August 22, 2013 for $717,430.19. Approval of payroll direct deposit & checks #60391 through #60419 for $476,995.48, benefit checks #60420 through #60427 and wire payments of $203,443.33 for the period August 1, 2013 through August 15, 2013. C. AM-6040 Approval of appointment of Patricia Moriarty to the Lodging Tax Advisory Committee D. AM-6054 Confirmation of Brian Borofka to the Architectural Design Board. E. AM-6058 Adoption of Ordinance Amending City Code Section 3.75.120 - Change of Deadline for Submitting Annual Work Programs and Budgets 6. Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings Packet Page 1 of 199 7. (10 Minutes) Community Service Announcement - Yellow Dog Project AM-6063 8. (5 Minutes) Proclamation designating September 8, 2013 Harbor Seal Day in Edmonds. AM-6048 9. (5 Minutes) Authorization for Mayor to sign Interlocal Cooperation Agreement for AM-6047 Inter jurisdictional Coordination relating to affordable housing within Snohomish County. 10. (15 Minutes) Adoption of longevity pay for non -represented employees. AM-5986 11. (30 Minutes) Discussion regarding Code of Ethics. AM-6064 12. (30 Minutes) Public hearing for approval of Five Corners Roundabout public art selection. AM-6056 13. (15 Minutes) Public Hearing as required by RCW 36.70A.390 on Interim Zoning Ordinance No. AM-6057 3931 which amended the Critical Areas Ordinance Sections ECDC 23.40.210 and 23.40.320, to repeal the definition of Reasonable Economic Use and references thereto. 14. (15 Minutes) Report on outside Board and Committee meetings. 15. (5 Minutes) Mayor's Comments 16. (15 Minutes) Council Comments 17. (15 Minutes) Convene in executive session regarding pending or potential litigation per RCW 42.3 0.11 0(l)(i). 18. (5 Minutes) Reconvene in open session. Potential action as a result of meeting in executive session. ADJOURN Packet Page 2 of 199 AM-6039 City Council Meeting Meeting Date: 08/27/2013 Time: 15 Minutes Submitted For: Joan Bloom Department: City Council Review Committee: Type: TnfnYm.]+inn Submitted By: Committee Action: Subject Title Interview candidate for appointment to the Lodging Tax Advisory Committee Recommendation Previous Council Action Narrative Interview candidate for appointment to Lodging Tax Advisory Committee Moriarty Application Inbox Reviewed By City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Jana Spellman Final Approval Date: 08/22/2013 Attachments Form Review Date 08/22/2013 11:45 AM 08/22/2013 02:43 PM 08/22/2013 02:55 PM Started On: 08/15/2013 09:20 AM 2. Jana Spellman Packet Page 3 of 199 I 1 I Citizen Board and Commission Application (PLEASE PRINT OR TYPE) (Board a Name:Patricia Moriarty Date:July 31, 2013 Occupational status and background: Retired educator, teacher, school administrator and educational consul -tool Organizational affiliations:Chamber of Commerce Edmonds, Sound Discipline Board Member, various po[i4i'ee f, Why are you seeking this appointment?Currrently running a bed and breakfast in Edmonds. As a longtime member of the community I am interested in welfare of our community and in being4RVO- i [ i What skills and knowledge do you have to meet the selection criteria?TOurism skills from my experience with the bed and breakfast as well as organizationcl, management and development skills from my profe55aam*a Additional Comments: Please return this completed form to: Edmonds City Hall 1215th Avenue North Edmonds, WA 98020 carolyn.lafave@edmondswa.gov Fax: 425.771.0252 5ignalqre Packet Page 4 of 199 AM-6055 City Council Meeting Meeting Date: 08/27/2013 Time: 15 Minutes Submitted For: Dave Earling Department: Mayor's Office Review Committee: Type: Action Tnfnrmntinn Submitted By: Committee Action: 3. Carolyn LaFave Subject Title Meet with Architectural Design Board candidate Brian Borofka for confirmation to the ADB. Recommendation Mayor Earling recommends Brian Borofka's confirmation to the Architectural Design Board. Previous Council Action Narrative Mayor Earling has met and interviewed Architectural Design Board candidate Brian Borofka and is recommending his appointment to the Architectural Design Board in Position #6 - Layman. Mr. Borofka has a broad degree of experience which includes: environmental management, site assessment, major project planning and management, urban redevelopment, historic preservation, and land use planning. Mayor Earling believes Mr. Borofka will be an excellent addition to the Architectural Design Board. Position #6 is a vacated position which will expire on 12/31/2015. Borofka app Borofka-resume Inbox City Clerk Mayor Finalize for Agenda Form Started By: Carolyn LaFave Final Approval Date: 08/22/2013 Attachments Form Review Reviewed By Date Linda Hynd 08/22/2013 11:46 AM Dave Earling 08/22/2013 02:42 PM Linda Hynd 08/22/2013 02:55 PM Started On: 08/21/2013 11:12 AM Packet Page 5 of 199 2 gtEdmonds A 0y. E1.)MrAll Citizen Board and Commission Application (PLEASE PRINT OR TYPE) Architectural Design Board (Board or Commission) Name: Brian Borofka Address: Date: July 15, 2013 Day Phone: Evening Phone Cell: E-mail Occupational status and background: Retired, with limited part-time consulting. Thirty-five years environmental management experience, including site assessment, major project planning and management, including urban brownfieid redevelopment, water resources, historic preservation and land use planning_ organizational affiliations: Previous organizational affiliations have Included Wisconsin ❑NR Brownfield Study Group, Metropolitan Milwaukee Association of Commerce Environmental Chair, Keep Greater Milwaukee Beautiful Annual Program Chair, Sixteenth Community Health Center Environmentat Adviser, Wisconsin Environmental Working Group Chairperson, Governor's Task rofce on Solid and Hazardous Wasta, Mihnaukft School of Engineering MS Program Advisor. Why are you seeking this appointment? As a 2012 retiree to Edmonds, I would like to offer my broad experience in maintaining the special qualities of our city, while supporting thoughtful, well -designed sustainable growth that considers the entire built environment that is integrated with its surroundings and considers the needs and wishes of our citizens. What skills and knowledge do you have to meet the selection criteria? Besides my technical background, much of my professional and organizationai affiliations have required a collaborative approach in developing solutions that solicit and weigh multiple needs and viewpoints. Additional Comments: During the last 20 years (prior to moving to Edmonds from Wisconsin) l was very involved with numerous professional organizations, as well as serving on several county and community boards. These included, Ozaukee County Comprehensive Planning Committee, City of Mequon Open Space Preservation Commission, City of Mequon Recycling Board (Chair), Crossroads Foundation, Mequon-Thiensville School District Parent Advisory Committee. Please return this completedform to: Edmonds City Hall 1215'l' Avenue North Edmonds, WA 98020 carolyn.lafave@edmondswa.aov Fax: 425.771.OZ52 Signature Packet Page 6 of 199 Qualifications Environmental management experience in electric utility, consulting, and government positions addressing a diverse array of management, planning, policy, technical, and operational issues, often requiring a high degree of interpersonal skills, communication and coordination with multiple stakeholders in the private, public and community sectors. Experience Wisconsin Energy Corporation, Milwaukee, WI. 1992-2012 Environmental management overseeing corporate strategy, planning and compliance. International Technology Corporation, Pittsburgh and Chicago. 1986-1992 Environmental consultant overseeing regional offices serving Fortune 500 companies in addressing environmental investigations, cleanup and restoration. State of Iowa, Des Moines, IA.. 1983-1986. Temporary appointment to manage the updating of the state's water law and oversee passage in the legislature, working with numerous public policy and technical stakeholders. Environmental Science & Engineering, Gainesville, FL and St. Louis, MO. 1974-1983 Environmental consultant. Professional and Community Involvement Governor's Task Force on Solid & Hazardous Waste (WI) Wisconsin Department of Natural Resources • Brownfields Study Group • Green Tier Advisory Committee • Innovations Advisory Group • Environmental Management Systems Advisory Committee Michigan Department of Environmental Quality, Clean Corporate Citizen Advisory Committee Wisconsin Manufacturers and Commerce, Environmental Working Group Chairperson Metropolitan Milwaukee Association of Commerce, Environmental Committee, Chairperson Deep Greater Milwaukee Beautiful, Annual Program Co -Chair American National Standards Institute (ANSI), Auditor Certification Board ANSI-ANAB Management Systems Council Ozaukee County (WI), Land Use Planning Commission City of Mequon (WI) • Recycling Commission, Chairperson • Open Space Preservation Commission Crossroads Church Foundation Packet Page 7 of 199 AM-6062 City Council Meeting Meeting Date: 08/27/2013 Time: Consent Submitted By: Linda Hynd Department: City Clerk's Office Review Committee: Type: Action Committee Action: Information Subject Title Approval of City Council Meeting Minutes of August 20, 2013 Recommendation Review and approval. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. 08-20-13 Draft City Council Meeting Minutes Inbox Mayor Finalize for Agenda Form Started By: Linda Hynd Final Approval Date: 08/23/2013 Attachments Form Review Reviewed By Date Dave Earling 08/23/2013 10:45 AM Linda Hynd 08/23/2013 11:04 AM Started On: 08/23/2013 09:20 AM 5. A. Packet Page 8 of 199 EDMONDS CITY COUNCIL DRAFT MINUTES August 20, 2013 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5t" Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ROLL CALL STAFF PRESENT Al Compaan, Police Chief Jim Lawless, Assistant Police Chief Josh McClure, Police Sergeant Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Roger Neumaier, Finance Director Carrie Hite, Parks & Recreation Director Doug Fair, Municipal Court Judge Jerry Shuster, Stormwater Eng. Program Mgr. Rob English, City Engineer Kernen Lien, Senior Planner Jeff Taraday, City Attorney Linda Hynd, Deputy City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Deputy City Clerk Linda Hynd called the roll. All elected officials were present. 2. APPROVAL OF AGENDA COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADD AS AGENDA ITEM 7A, PROPOSED ORDINANCE ADOPTING A MORATORIUM ON MARIJUANA DISPENSARIES. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Buckshnis requested Item D be removed from the Consent Agenda. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 6, 2013 Edmonds City Council Draft Minutes August 20, 2013 Page 1 Packet Page 9 of 199 B. APPROVAL OF CLAIM CHECKS #203614 THROUGH #203769 DATED AUGUST 8, 2013 FOR $967,970.14 AND CHECKS #203770 THROUGH #203918 DATED AUGUST 15, 2013 FOR $282,492.14. APPROVAL OF PAYROLL DIRECT DEPOSIT & CHECKS #60351 THROUGH #60378 FOR $478,789.50, BENEFIT CHECKS #60379 THROUGH #60390 AND WIRE PAYMENTS OF $211,550.74 FOR THE PERIOD JULY 16, 2013 THROUGH JULY 31, 2013 C. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM SOUVONNAH RAMSEY ($5,400) AND YOON KIM (AMOUNT UNDETERMINED) E. REPORT ON BIDS OPENED JULY 30, 2013 FOR THE 224TH ST. WATERLINE REPLACEMENT PROJECT AND AWARD OF CONTRACT TO EARTHWORK ENTERPRISES, INC. IN THE AMOUNT OF $79,114.13 F. REPORT ON BIDS OPENED AUGUST 1, 2013 FOR THE 2013 SEWERLINE REHABILITATION PROJECT AND AWARD OF CONTRACT TO INSITUFORM IN THE AMOUNT OF $135,344.74 G. TRANSFER AND HOLD HARMLESS AGREEMENT FOR POLICE DOG DASH TO SERGEANT JOSH MCCLURE H. AUTHORIZATION OF ADDITIONAL CONSTRUCTION FUNDING FOR THE 76TH AVENUE W WATER MAIN REPLACEMENT PROJECT Item D. JUNE 2013 BUDGETARY FINANCIAL REPORT Councilmember Buckshnis asked Finance Director Roger Neumaier to describe the changes made to the report. Mr. Neumaier explained the monthly and quarterly budgetary financial reports are tools used to determine how the City's is doing financially. Changes made to the report include relocating primary revenues, fund balances and expenditures to the front of the report; adding graphs for utility fees; adding comparable information from the prior year; and deleting graphs on monthly departmental expenditures. Councilmember Buckshnis asked whether quarterly presentations will be made to the Council. Mr. Neumaier agreed he will make quarterly reports in the future. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO ACCEPT THE JUNE 2013 BUDGETARY FINANCIAL REPORT. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS Ray Martin, Edmonds, referred to an email from Councilmember Buckshnis stating his input to My Edmonds News was incorrect. He stood behind his statements. He relayed Councilmember Buckshnis' comments that it was Councilmember Bloom who raised the cat issue, not her. Mr. Martin said it was his opinion that Councilmember Buckshnis was behind the cat leash issue. He offered to provide documentation regarding the history of problems on 94 h Avenue West. He referred to comments about BB guns, property damage and a police report. He summarized Councilmember Buckshnis had been provided a few facts together with a lot of bologna. Peter Laylin, speaking on behalf of the Train Horn Noise Advisory Committee, explained he and his wife purchased a new home in Edmonds about 11/2 years ago very close to the railroad tracks, fully aware of the noise generated by the trains. During a trip, they noticed trains passed through Steilacoom without any horns. In discussions with their neighbors, they learned about the potential for a quiet zone and that Mukilteo had established a quiet zone. City staff indicated the City Council had previously expressed a Edmonds City Council Draft Minutes August 20, 2013 Page 2 Packet Page 10 of 199 desire to establish a train horn quiet zone in Edmonds and had done some preliminary work. The study the City issued in April 2008 reveals substantial benefits that could be achieved with a quiet zone. Staff indicated following the financial crisis and recession in 2008, no funds were available for further work on a quiet zone and no further work was done. It was suggested he research creating a local improvement district (LID) through which the creation of a quiet zone could be funded without financial contribution from the City. His research found East Vancouver Washington recently created an LID to fund a train horn quiet zone and he felt their experience could assist Edmonds in establishing an LID. Based on the record, he assumed the Council was already persuaded of the desirability of creating a train horn quiet zone in Edmonds and the lack of funding was the only obstacle to proceeding. He urged the Council to pick up where the City left off in 2008 and to continue the work necessary to create an LID to establish a train horn quiet zone for Edmonds. He offered the committee's assistance. Jamie Jensen, Mukilteo, attorney representing Hon and Regina Park, Edmonds, explained their plat, Anglers Crossing, has been approved. A buyer who wants to develop the property has been found; purchase of the City parcel is still outstanding. A request was made in March to purchase the parcel; the City has done an appraisal of the parcel but no action has occurred He asked if there was something they should be doing to move the process forward. Mayor Earling invited Mr. Jensen to contact him tomorrow to briefly discuss the matter. He advised the Council has had executive session regarding the matter. Mr. Jensen relayed his understanding there had been some discussion about the effect of the vacant parcel on the creek in the area and that the City may want the parcel to remain vacant. He expressed their willingness to work with the City and their desire to move forward with the plat. Val Stewart, Edmonds, relayed her discovery after work today that the house across the street had been taken down. A trained sustainable building advisor, she is aware there are other options to demolishing a building such as de -construction. She was uncertain whether the City informs builders and property owners that de -construction is an option. She commented no notice to the neighbors when a building is demolished; Bellingham provides notice to neighbors. Notice would give neighbors an opportunity to assist with de -construction. Seattle uses King County green tools that describe options and alternatives to demolition such as salvage and de -construction which can result in cost savings. The house demolished in her neighborhood was built in the 1930s and could have been preserved instead of demolishing it to build two houses on the lot. She encouraged the Council to discuss on alternatives to demolition such as salvage and de -construction as part of sustainable building practices. Roger Hertrich, Edmonds, recalled discussion at last week's Council meeting regarding the community service director. He referred to a public hearing regarding step -backs where a change in building heights from 25+5 feet to 30 feet was not advertised. He referred to a recent presentation to the Planning Board regarding RM zones and the proposal to eliminate the parking requirement in the RM zone. He expressed concern that the employee the Council was considering for the development services director position, Rob Chave, had developed that proposal. Although Mr. Chave does a good job in presentations, he leaves things out when it is convenient. Mr. Hertrich also referred to an email regarding a citizen's conversation with Mr. Chave and his attitude toward eliminating parking requirements in RM zones. He recommended the Council reconsider promoting Mr. Chave and expressed his support for interviewing several candidates and selecting the best one, stating he did not trust Mr. Chave. Bruce Witenberg, Edmonds, said contrary to Mr. Hertrich's statements, he trusted Mr. Chave. He supported Mayor Earling's recommendation to name Mr. Chave the Development Services Director on a permanent basis. He first met Mr. Chave in 1991 when his Aurora Marketplace neighborhood was pursuing annexation; Mr. Chave was very helpful in providing facts and figures and explaining the process. The Aurora Marketplace neighborhood was successfully annexed in 1995. He worked with Mr. Chave, who staffed the Planning Board, during his two terms on the Planning Board, including two terms as Chair. He found Mr. Chave to be knowledgeable in long range planning and visioning, accessible and easy to work with. He has been a member of the Highway 99 Taskforce since its inception 10 years ago Edmonds City Council Draft Minutes August 20, 2013 Page 3 Packet Page 11 of 199 and Mr. Chave has been actively involved in staffing the taskforce. Mr. Chave has a breath of knowledge about the issues facing Highway 99 and its impact on the surrounding single family neighborhoods. He has also worked with Mr. Chave as a member of the Economic Development Commission and the Land Use and Business Incentive subgroup and found Mr. Chave perceptive and informed about form based codes and incentive zoning. Mr. Chave is diligently working on the code rewrite. He is well respected and works collaboratively with other directors and City staff. He is recognized as a regional leader in planning and development and has expertise in GMA and Comprehensive Plan. Mayor Earling's recommendation to permanently appoint Mr. Chave as Development Services Director also takes advantage of his institutional memory as well as saves the City approximately $180,000 over the cost of hiring a new director. With 22 years' experience working with Mr. Chave as a citizen volunteer, he wholeheartedly supported Mayor Earling's recommendation to promote Mr. Chave to the position of permanent Development Services Director. Ron Wambolt, Edmonds, expressed his support for the appointment of Rob Chave to the permanent position of Development Services Director. He concurred with Mr. Witenberg's comments regarding Mr. Chave. This is a rare situation where the better alternative is also the least expensive. In addition to the cost savings, it is also the safest alternative; when a person is hired, there is always a risk of making the wrong selection. Mr. Chave is well known by staff and many citizens and best known by Mayor Earling. He recalled when making his recommendation Mayor Earling said Mr. Chave has done a fabulous job. He questioned why the City would look elsewhere when there was someone like Mr. Chave who has been doing a fabulous job. 5. SWEARING -IN CEREMONY FOR SERGEANT JOSH MCCLURE Police Chief Al Compaan commented an oath is an important public recognition of personal achievement and a personal pledge to the highest legal, ethical and professional standards critical to the law enforcement mission. He described Sergeant Josh McClure's background: he started with the Edmonds Police Department as a 17-year old police explorer in 1993, graduated from Shoreline Community College's criminal justice program and worked as an Edmonds reserve officer before accepting an entry level officer position with the Tukwila Police Department in 1998. Sergeant McClure returned to the Edmonds Police Department in August 1999 as a full-time officer. He has served as a narcotics detective and field training officer and from 2006 until last month was one of Edmonds two K9 officers working nights with his partner Dash. Sergeant McClure and Dash were certified as a Master K9 team for the past three years. Sergeant McClure and Dash also performed a significant public relations function for the department, providing K9 ridealongs for community members and doing K9 demonstrations at numerous community events, most recently Edmonds Night Out. Sergeant McClure was promoted to corporal in May 2011, holding that rank until his promotion to sergeant. Sergeant McClure received letters of commendation, awarded to employees who perform noteworthy acts or provide exemplary service, in 2004, 2007 and 2008. He was the Edmonds Police Department Officer of the Year in 2007 and received the City of Edmonds Distinguished Service Award and Police Medal of Valor in 2008. Chief Compaan recognized members of Sergeant McClure's family including his wife Kellie, daughters Kiley and Ashton, brother Jeremy, and in-laws Kathy and John Herrington. Chief Compaan administered the oath of office to Sergeant McClure. Sergeant McClure's daughter Ashton pinned his badge. Chief Compaan presented Sergeant McClure with a framed Certificate of Promotion. Sergeant McClure identified another family member in the audience, his aunt Carol. Sergeant McClure thanked the Police Department for the honor of earning this promotion. He recognized there were a lot of people in the room that he owed thanks. Being part of the department since the age of 17, he has been on Edmonds City Council Draft Minutes August 20, 2013 Page 4 Packet Page 12 of 199 ridealongs with many of the people in the room. He thanked Assistant Chief Jim Lawless who has been a mentor to him and Sergeant Mike Richardson who used to take him on ridealongs as a 17-year old and now provides the best professional advice. He commented as a leader it is no longer about him but about those he leads. The true definition of a leader is his wife Kellie who constantly encourages him. 6. PUBLIC HEARING REGARDING POSSIBLE AMENDMENT OF ANIMAL CONTROL CODE PROVISION ECC.5.05.050. RUNNING AT LARGE Mayor Earling opened the public participation portion of the public hearing. Mac Kenny, Edmonds, provided a list of reasons that allowing cats to run at large was a bad idea. First, referring to a City of Edmonds publication, when it rains, pet waste is washed into drains and eventually discharged untreated into creeks, Lake Ballinger and the Puget Sound. Pet waste is raw sewage and contains harmful organisms that can make children sick and contaminate water. Pet waste is one of the leading causes of surface water contamination. Second, the Center for Disease Control website states people with compromised immune systems such as those on chemotherapy, the elderly, AIDS/HIV, congenital immune deficiencies, pregnant women, organ or bone marrow transplant recipients are affected by cat feces. People can be infected by eating food, drinking water or accidentally swallowing soil that has been contaminated with infected cat feces. Third, the proposed amendment indicates only licensed, spayed or neutered cats can roam freely. There is no evidence that licensed, spayed or neutered cats produce less waste material. Fourth, many running at large cats are killed, maimed or injured by cars, dogs, other cats, wildlife, and poisons. Fifth, none of the reasons for allowing cats to run at large outweigh citizens' health, cats' safety and healthy, clean vegetables from his garden on his private property. Sherri Kenny, Edmonds, asserted the Council was failing to acknowledge a flagrant disregard for public health and safety and presenting a solution that was not a solution. When this issue was last discussed, Councilmember Buckshnis and Councilmember Peterson demonstrated they cared about the health and safety of Edmonds citizens. She found the remaining Councilmembers' flagrant disregard for public safety unacceptable. She relayed that cat feces harbor pathogens, bacteria and parasites. The difference between fertilizing with cow or horse manure was those animals do not eat other animals that may carry pathogens, bacteria and parasites or even the plague. A member of the healthcare industry, she relayed that some colleagues chose to purchase property outside Edmonds where they felt their right to personal safety would be better safeguarded. Their purchase of property totaling $1.8 million represents lost tax revenue to Edmonds. She relayed seeing a toddler running in the grass at an Edmonds park and a cat defecating a few feet away, suggesting that would not be good marketing material for the City. Cynthia Hodges, an attorney with a background in environment and natural resources law, said her two cats enjoy the outdoors in a cage on her deck where they are safe and other animals are safe from them. She spoke in favor of the amendment to the running at large statute. Cats are invasive species and threaten to destabilize the ecosystem. It is estimated 100 million cats kill over a billion small mammals and hundreds of millions of birds each year in the United States; a single free roaming cat may kill as many as 100 or more birds or mammals per year. Feeding cats does not reduce their predatory behavior. Many of the animals cats prey on are federal and state protected animals that are threatened or endangered. Cats also compete with native predators. Federal wildlife laws protect species such as migratory birds and animals listed under the Endangered Species Act. The ESA prohibits a taking of any listed fish or wildlife; a take includes harm or kill. The U.S. Fish and Wildlife Service defines harm as kills or injures wildlife and may include habitat modification or degradation. A free roaming cat that kills or injures a listed animal may be a taking under ESA. The City may be liable under Section 9 of the ECA for allowing cats to run at large and kill listed animals. She cited applicable Massachusetts and Florida cases. Edmonds City Council Draft Minutes August 20, 2013 Page 5 Packet Page 13 of 199 Ray Martin, Edmonds, expressed support for draft 2, viewing it as a reasonable compromise. His second choice was to do nothing. He offered to share his extensive knowledge on the history of cat trapping, the cat leash law, etc. in the 94"' Avenue West neighborhood. Cheri Zehner, Edmonds, recalled she testified five years ago regarding the issue of free roaming cats; she supports controlling free roaming cats. She has a master's degree in public health and worked for Seattle -King County Health Department for 10 years and was familiar with diseases that can be transmitted from cats to humans, most significantly toxoplasmosis which can be transmitted by cat feces infected with toxoplasmosis. Pregnant woman are cautioned not to change cat litter boxes due to the threat of infection with toxoplasmosis which can be transmitted to the fetus. She referred to a National Geographic article about Jaroslav Flegr who is researching toxoplasmosis in humans and his findings that the latent toxoplasmosis parasite is causing mental disorders. Other studies show higher accident rates with people who have latent toxoplasmosis. Studies have found an increase in sea otters' exposure to toxoplasmosis due to cat feces in stormwater runoff entering Puget Sound and contaminating shellfish. She dispelled the myth that cats are effective at catching rodents; in fact, outdoor feeding as well as feces attracts rodents. She submitted written material. Eleanor Corner, Edmonds, addressed the sentimentality issue related to cats. A cat owner for 35 years, she used to let them roam freely outside. The evolution of understanding related to companion animals has been delayed as it related to cats versus dogs. In the past, dogs were allowed to roam freely; laws related to containing dogs were followed by laws requiring owners to pick up their waste. Cats have been allowed to roam freely; however, studies show cats do better when living in a safe, indoor environment. She urged the Council to support containment of cats. Alan Mearns, Edmonds, also representing the Pilchuck Audubon Society, described his monitoring of neighborhood birds and wildlife for two decades. Since 2005, the number of species in his yard have declined due to cutting tall trees, construction, window kills, climate change and house cat predation. He stopped letting his cats outside 10 years ago but one of his neighbors' cats preys on birds in his yard. A biologist for NOAA that protects birds from oil spills, a literature review of house cat predation retrieved over 75 papers on the subject. A study published in January 2013 concluded outdoor cats kill 434 million — 1.1 billion US bird each year; many more than NOAA responds to in oil spills. PAWS and other wildlife rehabilitation centers have literature on ways homeowners can keep their cats happy and occupied such as outdoor cat enclosures. He relayed his and Pilchuck Audubon Society's support for renewing City regulations requiring residents to keep cats indoors or contained. He provided written materials. Dr. Robert Chaffee, Edmonds, spoke in favor of reinstating the phrase, "no animal shall be running at large" into the Edmonds animal control code. According to the Human Society of the United States, a free roaming cat can be expected to live approximately 5 years; a cat that lives exclusively indoors can often live 17 or more years. Threats to free roaming cats include automobiles; poisoning from lawn chemicals, antifreeze or rodent poisons; animals attacks by dogs, other cats and other wildlife; human cruelty, abuse, harm and death; and being caught in traps set for other animals. Free roaming cats are also largely responsible for cat overpopulation. Cats are subject to multiple diseases, a few of which can be spread to humans including the plague and rabies. Cats that stay at home live healthier, longer lives than free roaming cats. He urged the Council to return to the old animal control policy. Debbie McCallum, Edmonds, referred to articles regarding the destructive nature of cats on the wildlife population. While other cities and nations are strengthening laws regarding cat containment, the City Council made the irrational decision to abolish the ordinance passed in 2007 after many months of testimony and a cost of $18,000 to the City. Most Councilmember indicated they did not understand and were given erroneous information about its enforceability from a public employee who indicated to her today that he misspoke. Citizens should not be forced to undertake the task of keeping a neighbor's cat off Edmonds City Council Draft Minutes August 20, 2013 Page 6 Packet Page 14 of 199 their property; it should be the responsibility of a pet owner to keep their cat safely contained. Cat owners, who chose to ignore a trespassing pet that hunts on their property, turning garden beds and children's play areas into litter boxes or spreading diseases, should at a minimum think about the cat's welfare. She encouraged the Council to read PAWS' philosophy. She demanded the Council place human and property rights above trespassing pets. The 2007 ordinance banning cats running at large was functional, effective and enforceable. Mark MacDonald, Edmonds, relayed his shock when he learned an earlier amendment to include cats in the running at large ordinance was overturned by the Edmonds City Council in large part because not enough tickets had been written to warrant the revision to the ordinance. Laws and ordinances are enacted for the safety of the population, not based on the number of citations written. The 2007 amendment to include cats in the running at large ordinance was based on expert testimony that included veterinarians and representatives of PAWS who provided facts about increased maiming and death of cats that are allowed to run at large. He encouraged the Council to review the testimony provided in 2007, pointing out that testimony and much of the testimony presented tonight is from professional experts, not just personal opinion from pet owners. Experts have cited the dangers from cat feces in gardens, roaming cats violating trespass laws, and dangers to wildlife caused by uncontained cats. He summarized the Council had heard enough expert testimony to reinsert cats in the running at large ordinance. A vote to continue to exclude cats from the running at large section of the animal control code showed a Councilmember refused to cast his/her vote based on fact but instead vote based on personal bias or because they were beholden to someone else. If the Council votes to exclude cats from the running at large section of the animal control code, they opened the City to potential lawsuits by any non -cat owner within the City's boundaries who became ill from gardening in ground poisoned by cat fecal matter and show willful disregard of human health and safety. He urged the Council to vote to reinsert cats in the running at large section of the animal control code. Anne Meier, Edmonds, expressed support for all pet owners being responsible for their pets. She circulated a photograph of cat hair on her outdoor furniture from someone else's cat. She questioned the Council spending time debating whether someone should be responsible for their own pet. Victor Eskenazi, Edmonds, (Esperance), acknowledged the frustration of people who find animal waste on their property. He does not have any pets because he is not in a position to take responsibility for a pet. Recognizing it is not the City's responsibility to protect a citizen's property from animals, he recommended pet owners be responsible for their animals' actions. Hearing no further comment, Mayor Earling closed the public participation portion of the public hearing. Councilmember Fraley-Monillas referred to the minutes of a year ago where Assistant Police Chief Jim Lawless indicated this was an unenforceable part of the code. Assistant Chief Lawless said the issue was passive versus active enforceability and his response a year ago may not have been clear. The Police Department is either responsive or proactive in their approach. The point that he was trying to make regarding enforceability of the ordinance as it existed was the Police Department's inability to actively enforce it but rather be responsive. Councilmember Fraley-Monillas said when this was discussed a year ago, she voted against changing the ordinance to exclude cats because there had not been a public hearing. It was her understanding that since then there had been a number of complaints regarding cats in people's yards. She pointed out changing the ordinance would not stop cats from roaming; it will be citizens' responsibility to call animal control when problems arise. Assistant Chief Lawless answered it will be the pet owners responsibility to care for their pet regardless of the species and citizens can call animal control regarding animals on their property. He agreed more often than not animal control's response would be reactive rather than active. Edmonds City Council Draft Minutes August 20, 2013 Page 7 Packet Page 15 of 199 Councilmember Buckshnis pointed out under the current ordinance cats can roam free without any intervention from the Police Department. Assistant Chief Lawless agreed, advising there is currently a nuisance provision that requires three neighbors to sign a petition about an animal and then enforcement action can be taken. Councilmember Buckshnis pointed out she was not on the City Council in 2007 and she had nothing to do with the cat leash law. She disagreed the issue was about leashing cats, the issue was cat containment and preventing cats from roaming at large. This issue was brought up at the Public Safety Committee which is chaired by Councilmember Bloom. Her interest was in due process; the revision to the 2007 law occurred without public participation. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO ADOPT ORDINANCE NO. 3937 (ATTACHMENT 7), AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 5.05 TO REVISE THE "RUNNING AT LARGE PROHIBITED" PROVISION OF THAT CODE SECTION. Councilmember Fraley-Monillas said responsible pet owners need to be responsible for all their pets. This section does not address specific animals. She does not own any pets and does not wish to have other people's pets on her property. She encouraged the Council to pass the ordinance. Council President Petso clarified the ordinance Councilmember Fraley-Monillas referred to in her motion deleted the phrase "with the exception of cats." Councilmember Fraley-Monillas agreed. Councilmember Bloom said she would vote against the ordinance. She has no cats or dogs but has not seen any change in her neighborhood or the City since the previous ordinance prohibiting cats roaming at large was passed. This ordinance is based on the belief that cats and dogs are exactly alike; she has owned cats and dogs and knows they are not alike. She will only support the ordinance if the people who believe cats and dogs are exactly the same will find a location, funding and design for an off leash cat park. Councilmember Buckshnis recalled Councilmember Bloom testified in 2007 against the ordinance. She said the difference between cat and dog owners is dog owners have to walk their dogs and pick up their feces. She was recently bitten by a dog and the only treatment she required was a bandaid; if she had been bitten by a cat, a visit to the emergency room and antibiotics would have been required. She felt cats were more dangerous when they attack and therefore should not be roaming free. She supported returning to the original ordinance. Council President Petso said she will reluctantly support the motion primarily because she believed with this tool in place animal control can do a better job of getting neighbors to work together. Councilmember Fraley-Monillas expressed concern with pointing fingers and laying blame, pointing none of the current Councilmembers were on the Council in 2007. Councilmember Yamamoto said he initially voted not to remove the exclusion of cats but had been convinced by the testimony. He owns a dog and two cats and does not allow them to roam freely. Dogs and cats are similar and it is important for owners to take responsibility for their pets. MOTION CARRIED (6-1), COUNCILMEMBER BLOOM VOTING NO. 7. SALARY INCREASE TO CONTINUE RECEIPT OF COURT IMPROVEMENT ACCOUNT FUNDS Municipal Court Judge Doug Fair explained in 2005 the legislature passed a law that allowed cities and counties with elected judges to receive funds from the state. In 2006 the Council changed his position Edmonds City Council Draft Minutes August 20, 2013 Page 8 Packet Page 16 of 199 from appointed to elected so the City could receive funds from the Court Improvement Account Fund program. That program requires cities to reimburse judges at 95%of a district court salary. The district court salary has not changed since 2008. In 2013 the State Salary Commission approved a 2% increase in 2013 and a 3% increase in 2014 for district court judges. In order for the City to be eligible to continue to receive the funds, approximately $12,000 - $13,000/year, his salary must be raised by the same amount. The annual cost is described in the agenda memo. City Attorney Jeff Taraday explained the Citizens Salary Commission sets the compensation for all elected officials including the judge. While the Commission established the salary for the Council and Mayor, they deferred the judge's salary to the Council. The Commission meets in the spring of every even numbered year; they can address the 2014 increase at that time. He suggested when the Commission meets they are asked to tie the judge's salary to this formula. Human Resources Reporting Director Carrie Hite explained she was the staff liaison to the Citizens Commission on Compensation for Elected Officials in 2012. She referred to the May 1, 2012 Council minutes in which the Commission deferred the judge's salary to the 95% of the district court judge and that any changes in the state salary rate be reflected in the judge's compensation for 2013 and 2014. Mr. Taraday explained that means the Council does not need to take any action; it will happen automatically. He cited RCW 35.21.015 which states any change in salary shall be filed by the Commission with the City Clerk and shall become effective and incorporated into the city or town budget without further action of the city council or salary commission. He summarized in accordance with the RCW, it would be improper for the Council to take action on the judge's salary. 7A. PROPOSED ORDINANCE ADOPTING A MORATORIUM ON MARIJUANA DISPENSARIES Mayor Earling read the title of the ordinance: An ordinance of the City of Edmonds, Washington, relating to collective gardens and the recreational use of marijuana, establishing an immediate emergency moratorium on the siting, establishment and operation of any structures or uses relating to collective gardens, marijuana production, marijuana processing, or marijuana retailing, to be in effect until the City of Edmonds adopts zoning regulations addressing such marijuana uses, and establishing an immediate emergency moratorium on the submission of any business license applications for such uses, setting six months as the effective period of the moratorium, to allow the Washington State Liquor Control Board an opportunity to complete its rulemaking for the licensing of such uses and to allow the City to study the secondary land use impacts of such uses, establishing the date of the public hearing on the moratorium and declaring an emergency. Mayor Earling explained he asked the City Attorney to prepare the ordinance. With the passage of I-502, there is a series of new regulations. With the recent news that the Liquor Control Board extended 90 days for additional rulemaking consideration, it was appropriate for the City to take this action immediately. Councilmember Buckshnis agreed this was appropriate, noting the State of Washington needs time and the City needs time. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO ADOPT ORDINANCE NO. 3938, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO COLLECTIVE GARDENS AND THE RECREATIONAL USE OF MARIJUANA, ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE SITING, ESTABLISHMENT AND OPERATION OF ANY STRUCTURES OR USES RELATING TO COLLECTIVE GARDENS, MARIJUANA PRODUCTION, MARIJUANA PROCESSING, OR MARIJUANA RETAILING, TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS ZONING REGULATIONS ADDRESSING SUCH MARIJUANA USES, AND ESTABLISHING AN IMMEDIATE EMERGENCY MORATORIUM ON THE SUBMISSION OF ANY BUSINESS LICENSE APPLICATIONS FOR SUCH USES, SETTING SIX MONTHS AS THE EFFECTIVE Edmonds City Council Draft Minutes August 20, 2013 Page 9 Packet Page 17 of 199 PERIOD OF THE MORATORIUM, TO ALLOW THE WASHINGTON STATE LIQUOR CONTROL BOARD AN OPPORTUNITY TO COMPLETE ITS RULEMAKING FOR THE LICENSING OF SUCH USES AND TO ALLOW THE CITY TO STUDY THE SECONDARY LAND USE IMPACTS OF SUCH USES, ESTABLISHING THE DATE OF THE PUBLIC HEARING ON THE MORATORIUM AND DECLARING AN EMERGENCY. Councilmember Buckshnis commented everyone will be looking at how Washington State handles this law. She personally preferred to "tax the heck out of it" to generate additional revenue. The State and the City need time to do things thoughtful because it has the potential to change the face of Edmonds. Councilmember Peterson did not support an emergency moratorium without notice to the public even though he understood the reasoning. If the ordinance passes, he hoped a public hearing would be scheduled as soon as possible. He viewed this as an opportunity to recruit businesses and move forward in a very progressive way as the State has. Councilmember Fraley-Monillas asked whether the ordinance include an automatic repeal of the moratorium after six months. City Attorney Jeff Taraday explained the ordinance has a provision that requires the Council to take action to terminate the moratorium. He read Section 5 of the ordinance, "Duration of Moratorium. The moratorium imposed by this Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City holds a public hearing on the moratorium and adopts findings and conclusions in support of the moratorium (as contemplated by Section 6 herein), the moratorium shall not terminate until six (6) months after the date of adoption, or at the time all of the events described in Section 3 have been accomplished, whichever is sooner. The Council shall make the decision to terminate the moratorium by ordinance, and termination shall not otherwise be presumed to have occurred." Mr. Taraday clarified as the ordinance is currently drafted, the Council would need to take subsequent action to terminate the moratorium but that sentence could be revised if the Council wished. If the Council wanted a permanent ban on marijuana facilities as some cities have done, he recommended that not be done by simply leaving the moratorium in place, but rather by adopting a permanent ban. Councilmember Bloom asked whether a public hearing was required. Mr. Taraday answered if the moratorium is adopted, a public hearing is required within 60 days of adoption. Council President Petso advised the date of the public hearing was unknown at this point, possibly September 3, 2013. Council President Petso asked whether the moratorium could be repealed following the public hearing if the Council chose. Mr. Taraday answered this is not an interim ordinance but a moratorium; the City is not required to leave the moratorium in place for six months. Like any ordinance, it can be repealed. MOTION CARRIED (5-2), COUNCILMEMBERS PETERSON AND FRALEY-MONILLAS VOTING NO. 8. AUTHORIZATION FOR THE MAYOR TO SIGN A GRANT ACCEPTANCE INTENT NOTICE AND GRANT AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR A MUNICIPAL STORMWATER CAPACITY GRANT FOR $50,000 AND A PROJECT SPECIFIC PLANNING AND DESIGN OF RETROFIT/LID PROJECT GRANT UP TO $120,000 Stormwater Engineering Program Manager Jerry Shuster reviewed grants the City has received in the past (agenda items shown in italics): Period Type Amount 2007-2009 Municipal Stormwater Capacity Grant $75,000 2010-2012 Municipal Stormwater Capacity Grant and Stormwater Retrofit or LID Planning & Design $178,115 Edmonds City Council Draft Minutes August 20, 2013 Page 10 Packet Page 18 of 199 2012-2015 Statewide Stormwater Grant Program — Vactor Waste Facility Retrofit $259,745 2013-2014 Watershed Protection and Restoration Grant — Perrinville Creek Stormwater Flow Reduction Study and Pre -Design Report $188,772 2013-2015 Municipal Stormwater Capacity Grant $50, 000 2013-2014 Stormwater Retrofit or LID Planning & Design $120, 000 Total $871,632 Mr. Shuster provided examples of grant expenditures: • Municipal Stormwater Capacity Grants o Compliance with Municipal Permits ■ Utility bill inserts ■ Updated codes, developed customer handouts, system mapping, and equipment purchase. ■ Maintenance — pile covers, vehicle wash, and equipment purchase • Stormwater Retrofit or LID Projects o Shell Valley Emergency Access Road - porous asphalt o Perrinville Creek Watershed retrofit planning and predesign o Incorporation of LID into City Transportation projects (planning & design) Councilmember Buckshnis commended staff for receipt of the grant. She asked whether this was the most money a city could receive. Mr. Shuster answered it was. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AUTHORIZE THE MAYOR TO SIGN GRANT ACCEPTANCE INTENT NOTICE AND GRANT AGREEMENT WITH THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY. MOTION CARRIED (6-0). (Councilmember Fraley-Monillas was not present for the vote.) 9. 2013 AUGUST BUDGET AMENDMENT Finance Director Roger Neumaier explained the Council passes an annual budget in November/December of each year that governs City expenditures throughout the upcoming year. During the year, it is necessary to make adjustments to the budget. The proposed ordinance includes changes to multiple funds and departments. Several of the changes result from department analysis of their 2013 budgets as a basis for planning their 2014 budgets. Some changes are a result of policy direction and prior operational authorization from the Council. Other changes serve as a request for Council to authorize certain operational activities. Councilmember Buckshnis asked for an explanation regarding the additional $100,000 for the 76th Avenue project which is a Lynnwood project. Public Works Director Phil Williams agreed this is a City of Lynnwood project; Lynnwood is installing a large diameter sewer line on 76th Avenue, a street shared by Edmonds and Lynnwood. Since Lynnwood was tearing up a great deal of 76th Avenue followed by restoration, Edmonds wanted to piggyback on their work and replace Edmonds' waterline. The increased cost is due to change orders and claims for equitable adjustment as a result of changed conditions. The change is the discovery of contaminated soil; apparently 76th Avenue was an oiled road in the past years that resulted in a 6+ inches of contaminated soil two feet below the surface of the base material. That soil is being removed and disposed of in accordance with State regulations and replaced with clean fill. The same thing must be done for the City's waterline. In addition there were old cedar logs in a number of locations that were used in the past to form bridges over soggy places. A change order was executed for $48,000 to pay for the City's share of the problem. Original Council approval of the project included $53,000 in management reserve to pay for change orders; the first change order was $48,000 and the project is nowhere near completion. The requested additional $100,000 in spending authority will be used for any future change orders but will only be spent if necessary. He anticipated there would be other change orders. Edmonds City Council Draft Minutes August 20, 2013 Page 11 Packet Page 19 of 199 Councilmember Buckshnis referred to page 21, an amendment in the amount of $250,000, $128,800 to cover the negative balance in the fund and $121,200 for future Council authorized settlements. She asked whether the intent was to bring the Risk Management SubFund up to 2% of the General Fund or was this amount was satisfactory. Mr. Neumaier answered the intent was to fully fund it as part of the 2014 budget. It could be done sooner if the Council wished. Councilmember Buckshnis asked if there would be a need for additional funds based on pending litigation. City Attorney Jeff Taraday recommended it be increased somewhat. Councilmember Buckshnis referred to the Mayor's increase and asked why in the past the Council was allowed not to approve a salary increase for the Mayor and this year it was automatic. Mr. Taraday answered RCW 35.21.015 gives the City the authority to create a Citizens Commission on Compensation for Elected Officials. When the Commission was created and the ordinance adopted creating that Commission, it was not done consistent with State law. State law trumps City code whenever there is an inconsistency between City ordinance and State law. The City code says the Commission makes a recommendation and the Council takes action on the recommendation which suggests the Council has some discretion in accepting or not accepting the Commission's recommendation. The RCW (subsection 3) states any change in salary shall be filed by the commission with the city clerk and shall become effective and incorporated into the city or town budget without further action of the city council or salary commission. State law also states (subsection 8) the action fixing the salary by a commission established in conformity with this section shall supersede any other provision of state statute or city or town ordinance related to municipal budgets or the fixing of salaries. Councilmember Buckshnis asked whether the code will be changed to delete the language regarding the Council considering the Commission's recommendation. Mr. Taraday agreed it would be prudent to amend the code prior to the Salary Commission convening in spring 2014. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO ADOPT ORDINANCE NO. 3939, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3920 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS. MOTION CARRIED UNANIMOUSLY. 10. BUDGET APPROACHES AND RECOMMENDED FUND BALANCE POLICY Finance Director Roger Neumaier explained the first step in developing an annual budget is identifying available resources. Within that context, the decision regarding how much fund balance should be set aside is a primary decision. Prior to making a recommendation to the Mayor regarding the 2014 General Fund budget, he checked with various sources including the Government Finance Officers Association (GFOA) and Moody's who rates the City's bonds for market. GFOA talks about different types of needs in a Best Practice Statement. He summarized the GFOA Statement. In establishing a policy governing the level of unrestricted fund balance in the general fund, a government should consider a variety of factors, including: • The predictability of its revenues and volatility of its expenditures • Perceived exposure to significant one-time outlays • The potential drain upon general fund resources from other funds as well as the availability of resources in other funds • Liquidity (the disparity between when financial resources actually become available and when they need to be paid) Commitments and assignments Edmonds City Council Draft Minutes August 20, 2013 Page 12 Packet Page 20 of 199 GFOA's statement indicates the adequacy of unrestricted fund balance in the general fund should be assessed based on the government's own specific circumstances. GFOA recommends at a minimum that general purpose governments, regardless of their size, maintain unrestricted fund balances in their general fund of 16% of regular general fund operating revues or regular general fund operating expenditures. GFOA also states a government's particular situation often may require a level of unrestricted fund balance in the general fund significantly in excess of this recommended minimum level. Mr. Neumaier recommended an overall general fund reserve target equal to 32% of annual revenues. The City's current policy for 16% contingency reserve focuses on one-time, non -recurring expenditures, one of the critical elements of GFOA's recommendation. It reserves 2% for risk management reserves focused on litigation -related payouts. The City's general fund policy does address fluctuation in liquidity a critical issue in an environment where revenues and expenditures do not occur on an even basis. The cyclical fluctuation which reduced fund balance from the 2012 year end fund balance by 12.5% of annual revenues by March 31 is an issue of concern. Moody's Rating Services shared information that general fund balance as a percentage of revenue for AA rated cities of less than 50,000 residents average between 32.8% (Aa3 rated cities) and 38.7% (Aal rated cities). Edmonds is an Aa3 rated city, to be at a level of other Aa3 cities, Edmonds' target would be 32.8%. At the end of 2012, the City had achieved this level of fund balance. Implementation of this approach for 2014 would mean: • To the extent that budgeted revenues and expenditures exceed 32%, the City would be able to increase its 2014 budget to the extent that budgeted yearend fund balances do not reduce the fund balance below 32% • The budget should include an assumption of 2% of total authorized expenditures not being expended. These expenditures should focus on one-time projects. If the Council supports this approach, he will update the City's general fund reserve policy to include the broader policy goal of 32%. Councilmember Buckshnis suggested applying this to Edmonds actual projects to see how fast the City runs out of money using liquidity. She noted Moody's ratings consider a variety of factors not only fund balance. It appears Mr. Neumaier's goal is an Al rating. Mr. Neumaier answered that is not the primary objective. In an environment where interest rates increase significantly and a recession occurs, the City could be in a position of paying a significant amount of interest if reserves are not at this level. Councilmember Buckshnis was concerned with tying up an additional $10 million in reserves for liquidity when that liquidity already exists as working capital/working cash. Mr. Neumaier said the entire 32% is approximately $11 million; the additional 14% represents approximately $5 million. Councilmember Buckshnis said she needed to see the numbers in order to make a determination. She recalled reviewing the reserve policies of Mukilteo, Lynnwood, Shoreline, Redmond and Issaquah; only Shoreline ties their reserves to one revenue source. Mr. Neumaier responded most cities tie their reserve policy to revenues or a percentage of expenditures. Councilmember Buckshnis summarized liquidity is part of working capital. Councilmember Yamamoto noted the 2013 reserve was 31.5% and Mr. Neumaier's recommendation is 32%. He asked how much that '/z% represents. Mr. Neumaier answered his estimates only included General Fund operating and General Fund reserves. The %2% is approximately $150,000. Council President Petso suggested bringing this back on a future agenda for further discussion after Councilmembers have had an opportunity to follow up with Mr. Neumaier. Councilmember Peterson suggested including the discussion in a budget workshop. Edmonds City Council Draft Minutes August 20, 2013 Page 13 Packet Page 21 of 199 II. DISCUSSION REGARDING CODE OF ETHICS Council President Petso suggested due to the late hour and remaining items on the agenda items that this item be postponed to a future meeting. Councilmember Peterson agreed with postponing this item. He was glad it had been scheduled on the agenda and materials included for Council review. He advised Councilmember Bloom, Ms. Hite and he found several excellent examples of Codes of Ethic and Codes of Conduct. Kirkland and Bellevue's code are nearly identical and likely will be used as a starting point. He suggested Councilmembers familiarize themselves with Kirkland and Bellevue's codes. Postponing this item was also acceptable to Councilmember Bloom. She requested Councilmembers review Kirkland and Bellevue's policies, noting there are a few significant differences. She pointed out the intent to have an Ethic's Officer. Councilmember Johnson asked about the fiscal impact of an Ethics Officer. Councilmember Peterson responded Kirkland has an Ethics Officer and they contact with a law firm. To date they have not had to utilize their services; the law firm is on standby in the event an issue arises. Councilmember Bloom noted Kirkland and Bellevue have a City Manager form of government. The references in their Code of Ethics to elected officials do not include the Mayor. Councilmember Buckshnis was concerned with the issue of subjectivity. She recalled former Councilmember Plunkett's concern about the subjectivity of some policies. She noted there are state laws related to ethics for Councilmembers. She commented on new behaviors she has seen this year, recognizing that people see things differently based on their backgrounds. It was agreed to postpone this to a future meeting. 13. PROPOSAL TO RESCIND ORDINANCE NO. 3935 — AN INTERIM ZONING ORDINANCE TO AMEND THE CRITICAL AREAS ORDINANCE, SPECIFICALLY SECTIONS ECDC 23.40.220, 23.40.320, 23.50.020, 23.50.040 AND 23.90.040, TO ALLOW DEVELOPMENT WITHIN LEGALLY ESTABLISHED IMPERVIOUS AREAS AND WITHIN BUFFER AREAS THAT ARE PHYSICALLY SEPARATED AND FUNCTIONALLY ISOLATED FROM AN ASSOCIATED CRITICAL AREA Councilmember Bloom explained when she reviewed the issue more carefully, she apologized to the Planning Board for sending the matter to them prematurely. Her concerns are related to the structure language versus development footprint as well as physically separated and functionally isolated. The language defines legally established structures or similar circumstances and suggested if something was functionally isolated and physically separated it did not serve to protect the wetland from adverse impacts of development. The question then arises if it does not protect the wetland from adverse impacts of development, can enhancement be enforced. She pointed out physically separated and functionally isolated are not clearly defined and impervious surfaces are too broadly defined and include gravel roads as well as compacted surfaces. In addition the enhancements are not clearly defined. Mr. Chave indicated to her that he preferred to wait until 2015 to clarify the enhancements. Councilmember Bloom was concerned that rushing to pass the ordinance due to two projects could possibly result in unintended consequences. In particular functionally isolated and physically separated could affect numerous properties in the City, not just the spray park. For those reasons, she reconsidered her vote and asked for this to be scheduled on the agenda. She suggested the Council rescind the ordinance and bring back the amendments at a future meeting as soon as possible. Edmonds City Council Draft Minutes August 20, 2013 Page 14 Packet Page 22 of 199 COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO RESCIND ORDINANCE NO. 3935. Councilmember Buckshnis expressed concern with the lack of transparency on this item. When she left Friday, the packet did not include this item. The discussion occurred between two Councilmembers and the City Attorney. This was an issue for the Planning Board to consider. She emphasized the intent of the original ordinance was for the code to reflect Best Available Science as it relates to structures. Repealing the ordinance will potentially cost the City time and money and will affect the timing of the spray park. Councilmember Peterson did not support the motion. There were open and frank discussions previously and a great deal of information presented on two separate occasions. Sometimes Councilmembers may not be happy with the end result of the process but the Council followed the proper process. Unless there were extenuating circumstances that the Council had not been made aware of, he did not see a reason to rescind the ordinance. He suggested Councilmembers respect the process and even if they disagreed or wanted a redo, it was not always the best course of action. Council President Petso commented on the process, pointed out this was the Council's first opportunity under Roberts Rules to rescind a motion. She explained when Councilmember Bloom indicated her interest in changing her vote, she consulted Roberts Rules and followed the procedure. That procedure includes notice of the intent to rescind in the meeting notice which was done on Friday. There was still time to amend the agenda on Friday and City Clerk Sandy Chase created the amended agenda Friday afternoon. She has been working with Mr. Lien and Ms. Hite on the topic and Councilmember Bloom has been meeting with staff. She mentioned the topic to at least two other Councilmembers in conversation. Everyone is working hard to do this right without messing up the spray park project. It may be that the projects costs more money or needs to be redesigned or that the Council cannot wait for the Planning Board's expedited review and staff returns with a different proposal. The motion to rescind the interim ordinance does not stop the Council or staff from working on the issue or the Planning Board from working on a permanent ordinance. Rescinding the ordinance will stop applications and give the Council and Planning Board more time to work with staff. She noted paving within critical area buffers is a big deal and the City must proceed carefully. She was happy with the effort to follow the process under Robert Rules. She will support the motion to rescind the interim ordinance. Councilmember Fraley-Monillas asked whether a motion to reconsider or rescind was appropriate. City Attorney Jeff Taraday answered there is a Roberts Rules process to place the matter on the agenda. To the question of how to repeal an ordinance, Mr. Taraday explained an ordinance is repealed via the adoption of another ordinance. To the extent a majority of the Council desires to repeal the ordinance, there is an ordinance on the City's Z drive that would accomplish that. The proper motion to undo the interim ordinance is a motion to approve the ordinance to repeal. Councilmember Buckshnis pointed out Councilmember Bloom's motion was to rescind the motion. Mr. Taraday explained rescind is the Roberts Rules term and repeal is the RCW term. He preferred the Council use the term repeal. He interpreted the motion to be to repeal the motion. If the motion is interpreted as a motion to adopt an ordinance that repeals the interim ordinance, that ordinance should be presented to the Council. Councilmember Bloom explained her intent was to repeal the ordinance that was passed two weeks ago and ask staff to return with an amended ordinance. Mr. Taraday summarized the options: 1. Do nothing 2. Repeal the interim ordinance adopted on August 6 3. Amend the interim ordinance adopted on August 6 (two versions available) Edmonds City Council Draft Minutes August 20, 2013 Page 15 Packet Page 23 of 199 Councilmember Buckshnis pointed out the interim ordinance addressed making the critical areas ordinance consistent with BAS. The discussion now is adding more teeth to the new ordinance. Mr. Taraday clarified the motion on the floor is to repeal the August 6 interim ordinance. Council President Petso asked whether the preferred action would be a motion to adopt the ordinance in the packet that effectively repeals the interim ordinance. If the Council's intent is to repeal the August 6 interim ordinance, Mr. Taraday recommended a Councilmember move the ordinance displayed on the screen. He summarized repealing an ordinance requires adoption of an ordinance that repeals the original ordinance. COUNCILMEMBER BLOOM WITHDREW HER MOTION WITH THE AGREEMENT OF THE SECOND. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO ADOPT ORDINANCE NO. 3940, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING INTERIM ORDINANCE NO. 3935, WHICH AMENDED THE CRITICAL AREAS ORDINANCE, SPECIFICALLY SECTIONS EDC 23.40.220, 23.40.320, 23.50.040 AND 23.90.040, TO ALLOW DEVELOPMENT WITHIN LEGALLY ESTABLISHED IMPERVIOUS AREAS AND WITHIN BUFFER AREAS THAT ARE PHYSICALLY SEPARATED AND FUNCTIONALLY ISOLATED FROM AN ASSOCIATED CRITICAL AREA. Recognizing this may be the proper process in Roberts Rules, Councilmember Peterson pointed out the Council is voting on an ordinance that neither they nor the citizens of Edmonds have seen before now and that did not satisfy his desire for transparency and public process. Councilmember Bloom took issue with Councilmember Peterson's reference to transparency, relaying that this was a transparent process. Under Roberts Rules, a Councilmember has the option to change their mind which is what she did. She spent a great deal of time talking to staff as well as spoke to the Planning Board. She relayed Mr. Lien's indication that the interim ordinance could potentially allow an increase in impervious surface in wetland buffers in other parts of the City. She did not understand why Councilmember Peterson did not feel this was a transparent process when everything had been done to make it transparent. The interim ordinance came to the Council without approval of the Parks, Planning and Public Works (PPP) Committee; the committee recommended it go directly to the Planning Board. When it was presented to the Council, an interim ordinance was proposed. Her primary concern was making changes of this degree to the critical areas ordinance without fully considering the unintended consequences that may result. She found Councilmember Peterson's comments that it was not transparent very offensive, pointing out this is as transparent as it gets. Councilmember Peterson appreciated that it was transparent to Councilmember Bloom because she had been working on it for the last several days. He has not; this is the first time he has seen it. The interim ordinance was considered over two meetings so that staff could provide additional information. If this had not been done at the last minute, he still would not support it because he believed in the action the Council took previously. One of the reasons he did not support the motion was while Councilmember Bloom, Council President Petso and Mr. Taraday have done a lot of work and talked with staff, he was not briefed on it and there was nothing in the packet. The last minute nature of this item raised his concern with transparency. If this had been scheduled on the agenda and he had time to have his questions answered, that would be transparent. He summarized it has been transparent for a few but not all. Councilmember Bloom pointed out it had been on the agenda since Friday. Councilmember Peterson responded there was no supporting documentation in the packet. What the Council is voting on was not included in the packet. Edmonds City Council Draft Minutes August 20, 2013 Page 16 Packet Page 24 of 199 Councilmember Buckshnis explained after the PPP Committee meeting forwarded the issue to the Planning Board, President Petso decided to bring it to full Council. This is an interim ordinance; it is on a fast track for review by the Planning Board. She objected to repealing ordinances on the fly, preferring to wait for the Planning Board's review. She preferred to allow the spray park project to proceed, commenting this will impact the timing, budget and scope of that project. COUNCILMEMBER FRALEY-MONILLAS CALLED FOR THE QUESTION. MOTION FAILED FOR LACK OF A SECOND. Council President Petso said the PPP Committee forwarded this matter to the Planning Board without coming to full Council. The first the Council heard of it was during reports on committee meetings. Some people were uncomfortable with the two committee members making the decision to send it to the Planning Board so she made a decision to include it as a discussion item on a Council agenda. When it was scheduled, it was no longer a discussion item but included an interim ordinance. She asked the City Clerk to remove the interim ordinance from the agenda. During the discussion item, staff indicated they would present an interim ordinance the following week. At that meeting, the Council voted 4-3 to approve the interim ordinance. One member of the four person majority changed her mind and followed the correct procedure to bring it back to the Council. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS FRALEY-MONILLAS, BLOOM AND JOHNSON VOTING YES; AND COUNCILMEMBERS YAMAMOTO, BUCKSHNIS, AND PETERSON VOTING NO. 12. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF AUGUST 13 AND 19, 2013 Finance Committee Councilmember Yamamoto reported on the following items considered by the committee: • Salary Increase to Remain Eligible for State Court Improvement Account Funds — addressed on tonight's agenda • Discussion regarding Authorization to Recruit for Development Services Director — will be scheduled for full Council discussion on a future agenda • Discussion and Recommendation on Proposed Utility Rate Adjustments — will be scheduled for presentation to full Council • June 2013 Budgetary Financial Report — approved on Consent Agenda • 2013 Budget Amendment — discussed on tonight's agenda • Sharing 2-14 Budget Approaches and Recommending Fund Balance — discussed on tonight's agenda • Bond Sale Report • Public comment from two citizens Parks, Planning & Public Works Committee Councilmember Johnson reported on the following items considered by the committee: Forwarded for approval on the Consent Agenda: • Interlocal Cooperation Agreement for Inter jurisdictional Coordination Relating to Affordable Housing within Snohomish County • Additional Construction Funding for 76`h Avenue West Water Main Replacement Project • Report on bids opened July 30, 2013 for the 224th St. Waterline Replacement Project • Report on bids opened August 1, 2013 for the 2013 Sewerline Rehabilitation Project • Acceptance of a Grant for Stormwater Planning and Design Referred following to future Council meeting: • Utility Rate Adjustments • Five Corners Roundabout Art Selection Edmonds City Council Draft Minutes August 20, 2013 Page 17 Packet Page 25 of 199 Carried over for further discussion: • Harbor Square • Street Tree Management Policy Public comment Jamie Jensen regarding the Angler's Crossing PRD Public Safety & Personnel Committee Councilmember Bloom reported on the following items considered by the committee: • Transfer and Hold Harmless Agreement for Police Dog Dash to Sergeant Josh McClure — approved on the Consent Agenda • Revisions to Edmonds City Code Chapter 2.10 — will be scheduled for full Council discussion on a future agenda • Discussion regarding Authorization to Recruit for Development Services Director —will be scheduled for full Council consideration of a budget amendment related to funding of the Development Services Director. 14. MAYOR'S COMMENTS Mayor Earling had no report. 15. COUNCIL COMMENTS Council President Petso advised two Councilmembers have indicated they will be absent from the September 17 and 24 meetings. She asked the remaining Councilmembers to inform her whether they planned to attend both meetings. If only four Councilmembers are available for those meetings, the meetings will have a very light agenda or the meetings may be canceled. As her attempt to finesse the committee referral directly to the Planning Board was not entirely satisfactory, Council President Petso relayed her plans to ask the Public Safety & Personnel Committee to consider whether decisions of that nature should be made at the committee level or referred to the full Council. In response, Councilmember Buckshnis questioned the purpose of having committees. To those who saw the moving van in front of her house this weekend, Councilmember Buckshnis assured she was not moving. Councilmember Fraley-Monillas reminded of the Volunteer Picnic on Sunday at 1:30 at City Park. She asked board and commission members to RSVP to Councilmember Johnson or Ms. Spellman. Special guests will include Mayor Earling and Council President Petso. 16. CONVENE IN EXECUTIVE SESSION REGARDING PENDING LITIGATION PER RCW 42.30.110(1)(i) The executive session was postponed to a future meeting. 17. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION 18. ADJOURN With no further business, the Council meeting was adjourned at 10:00 p.m. Edmonds City Council Draft Minutes August 20, 2013 Page 18 Packet Page 26 of 199 AM-6059 City Council Meeting Meeting Date: 08/27/2013 Time• Consent Submitted For: Roger Neumaier Department: Finance Review Committee: Type: Action Tnfnrmatinn Submitted By: 5. B. Nori Jacobson Committee Action: Approve for Consent Agenda Subject Title Approval of claim checks #203919 through #204019 dated August 22, 2013 for $717,430.19. Approval of payroll direct deposit & checks #60391 through #60419 for $476,995.48, benefit checks #60420 through #60427 and wire payments of $203,443.33 for the period August 1, 2013 through August 15, 2013. Recommendation Approval of claim, payroll and benefit direct deposit, checks and wire payments. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Fiscal Year: 2013 Revenue• Expenditure• Fiscal Impact: Claims $717,430.19 1,397,869.00 Fiscal Impact Payroll Employee checks and direct deposit $476,995.48 Payroll Benefit checks and wire payments $203,443.33 Total Payroll $680,438.81 Packet Page 27 of 199 Attachments claim checks 08-22-13 Proiect Numbers 08-22-13 Payroll Benefit 08-20-13 Payroll Summary 08-20-13 Inbox Finance City Clerk Mayor Finalize for Agenda Form Started By: Nori Jacobson Final Approval Date: 08/22/2013 Reviewed By Roger Neumaier Linda Hynd Dave Earling Linda Hynd Form Review Date 08/22/2013 10:29 AM 08/22/2013 11:46 AM 08/22/2013 02:46 PM 08/22/2013 02:55 PM Started On: 08/22/2013 07:50 AM Packet Page 28 of 199 vchlist Voucher List Page: 1 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor 203919 8/21/2013 074558 CASCADE UTILITIES INC Invoice 8151 203920 8/22/2013 074546 ALL POINTS HEATING & FIREPLACE BLD20130841 203921 8/22/2013 001528 AM TEST INC 203922 8/22/2013 072799 ANDRES, KAREN 203923 8/22/2013 069751 ARAMARK UNIFORM SERVICES 203924 8/22/2013 066238 BARNETT IMPLEMENT 76766 ANDRES 082013 655-693465 02 1269999 PO # Description/Account Amount 1/2 of $14,000 Deposit Required to 1/2 of $14,000 Deposit Required to 422.000.72.594.31.41.20 7,000.00 9.5% Sales Tax 422.000.72.594.31.41.20 665.00 Total : 7,665.00 Online permit, outside City limits. Online permit, outside City limits. 001.000.257.620 75.00 Total : 75.00 WWTP - LAB - MERCURY, METAL S WWTP - LAB - MERCURY, METAL S 423.000.76.535.80.41.31 75.00 Total : 75.00 PANTS FOR RANGER PANTS FOR RANGER 001.000.64.574.35.24.00 50.76 MILEAGE 001.000.64.574.35.43.00 8.48 Total : 59.24 UNIFORM SERVICE UNIFORM SERVICE 001.000.64.576.80.24.00 30.27 9.5% Sales Tax 001.000.64.576.80.24.00 2.88 Total : 33.15 Water - Parts for Equipment Repair Water - Parts for Equipment Repair 421.000.74.534.80.31.00 23.78 Freight Page: 1 Packet Page 29 of 199 vchlist Voucher List Page: 2 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203924 8/22/2013 066238 BARNETT IMPLEMENT (Continued) 421.000.74.534.80.31.00 10.12 9.5% Sales Tax 421.000.74.534.80.31.00 2.98 Total: 36.88 203925 8/22/2013 073760 BLUELINE GROUP LLC 7339 E3JA.SERVICES THRU JULY 2013 E3JA.Services thru July 2013 421.000.74.594.34.41.10 17,923.50 Total: 17,923.50 203926 8/22/2013 003074 BNSF RAILWAY COMPANY BNSF8/14/13 LEASE OF LAND FOR FENCE AND I LEASE DESCRIPTION: LEASE OF L 001.000.64.571.21.45.00 1,803.53 Total: 1,803.53 203927 8/22/2013 072699 BUCHANAN SERVICES INC 9677 Fleet- Lift - Parts Fleet- Lift - Parts 511.000.77.548.68.35.00 1,260.00 Freight 511.000.77.548.68.35.00 74.91 9.5% Sales Tax 511.000.77.548.68.35.00 126.82 Total: 1,461.73 203928 8/22/2013 072571 BUILDERS EXCHANGE 103419.E2GB E2GB.PUBLISH PROJECT ONLINE E2GB.Publish Project Online 423.000.75.594.35.41.30 45.00 1038419.E2CC E2CC.PUBLISH PROJECT ONLINE E2CC.Publish Project Online 112.200.68.595.33.41.00 68.90 1038419.E3JB E3JB.PUBLISH PROJECT ONLINE E3JB.Publish Project Online 421.000.74.594.34.41.10 45.00 Total: 158.90 203929 8/22/2013 073029 CANON FINANCIAL SERVICES 13005747 INV#13005747 CUST#572105 - EDM Page: 2 Packet Page 30 of 199 vchlist Voucher List Page: 3 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203929 8/22/2013 073029 CANON FINANCIAL SERVICES (Continued) MONTHLY COPIER RENTAL (4) 001.000.41.521.10.45.00 581.60 9.5% Sales Tax 001.000.41.521.10.45.00 55.25 Total: 636.85 203930 8/22/2013 073029 CANON FINANCIAL SERVICES 13007940 C/A 572105 CONTRACT# 001-05721 Finance dept copier contract charge 001.000.31.514.23.45.00 249.99 9.5% Sales Tax 001.000.31.514.23.45.00 23.75 Total: 273.74 203931 8/22/2013 073029 CANON FINANCIAL SERVICES 13005744 CANON CONTRACT CHARGES Canon contract charges C1030 001.000.61.519.70.45.00 9.33 Canon contract charges C1030 001.000.22.518.10.45.00 9.33 Canon contract charges C1030 001.000.21.513.10.45.00 9.33 9.5% Sales Tax 001.000.61.519.70.45.00 0.89 9.5% Sales Tax 001.000.22.518.10.45.00 0.89 9.5% Sales Tax 001.000.21.513.10.45.00 0.88 Total: 30.65 203932 8/22/2013 073029 CANON FINANCIAL SERVICES 13005749 MONTHLY RENTAL FOR PARKS & R MONTHLY RENTAL FOR PARKS & R 001.000.64.571.21.45.00 249.99 9.5% Sales Tax 001.000.64.571.21.45.00 23.75 13005753 MONTHLY RENTAL FOR PARKS & R MONTHLY RENTAL FOR PARKS & R Page: 3 Packet Page 31 of 199 vchlist Voucher List Page: 4 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203932 8/22/2013 073029 CANON FINANCIAL SERVICES (Continued) 001.000.64.571.21.45.00 27.99 9.5% Sales Tax 001.000.64.571.21.45.00 2.66 Tota I : 304.39 203933 8/22/2013 073029 CANON FINANCIAL SERVICES 13005748 CITY CLERK'S OFFICE COPIER LE/ Lease City Clerk's Copier 001.000.25.514.30.45.00 466.97 9.5% Sales Tax 001.000.25.514.30.45.00 44.36 13005750 RECEPTIONIST DESK COPIER LEA Recept. desk copier lease 001.000.25.514.30.45.00 20.11 9.5% Sales Tax 001.000.25.514.30.45.00 1.91 Total: 533.35 203934 8/22/2013 073029 CANON FINANCIAL SERVICES 13007941 FLEET COPIER Fleet Copier 511.000.77.548.68.45.00 33.02 9.5% Sales Tax 511.000.77.548.68.45.00 3.14 13007942 PW ADMIN COPIER PW Office Copier for Aug 001.000.65.519.91.45.00 68.55 PW Office Copier for Aug 111.000.68.542.90.45.00 38.85 PW Office Copier for Aug 422.000.72.531.90.45.00 38.85 PW Office Copier for Aug 421.000.74.534.80.45.00 27.42 PW Office Copier for Aug 423.000.75.535.80.45.00 27.42 PW Office Copier for Aug 511.000.77.548.68.45.00 27.41 Page: 4 Packet Page 32 of 199 vchlist Voucher List Page: 5 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203934 8/22/2013 073029 CANON FINANCIAL SERVICES (Continued) 9.5% Sales Tax 001.000.65.519.91.45.00 6.51 9.5% Sales Tax 111.000.68.542.90.45.00 3.69 9.5% Sales Tax 422.000.72.531.90.45.00 3.69 9.5% Sales Tax 421.000.74.534.80.45.00 2.61 9.5% Sales Tax 423.000.75.535.80.45.00 2.61 9.5% Sales Tax 511.000.77.548.68.45.00 2.59 13007943 WATER SEWER COPIER Water Sewer Copier 421.000.74.534.80.45.00 70.68 Water Sewer Copier 423.000.75.535.80.45.00 70.68 9.5% Sales Tax 421.000.74.534.80.45.00 6.72 9.5% Sales Tax 423.000.75.535.80.45.00 6.71 Total: 441.15 203935 8/22/2013 073029 CANON FINANCIAL SERVICES 13005751 Contract charge on Planning Contract charge on Planning 001.000.62.524.10.45.00 9.5% Sales Tax 001.000.62.524.10.45.00 13005752 Contract charge on Building Dept. Contract charge on Building Dept. 001.000.62.524.10.45.00 9.5% Sales Tax 001.000.62.524.10.45.00 Total 33.02 3.14 33.02 3.14 72.32 Page: 5 Packet Page 33 of 199 vchlist Voucher List Page: 6 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203936 8/22/2013 073029 CANON FINANCIAL SERVICES 13005743 Council Office printer/copier lease Council Office printer/copier lease 001.000.11.511.60.45.00 30.65 Total: 30.65 203937 8/22/2013 065682 CHS ENGINEERS LLC 451202-1307 E3GA.SERVICES THRU JULY 2013 E3GA.Services thru July 2013 423.000.75.594.35.41.30 159.00 451301-1307 E3JB.TASK ORDER 13-01.SERVICE E3JB.Task Order 13-01 Services thru 421.000.74.594.34.41.10 3,194.98 Total: 3,353.98 203938 8/22/2013 069457 CITY OF EDMONDS E3FA.ROW Permit E3FA.ROW PERMIT ENG20130434 E3FA.ROW Permit.ENG20130434 422.000.72.594.31.41.20 260.00 Total: 260.00 203939 8/22/2013 063902 CITY OF EVERETT 113002138 Water Quality - Water Lab Analysis Water Quality - Water Lab Analysis 421.000.74.534.80.41.00 631.80 Total: 631.80 203940 8/22/2013 019215 CITY OF LYNNWOOD 10239 INV#10239 CUST#47 - EDMONDS P NARCOTICS SGTAPR-JUNE 2013 104.000.41.521.21.51.00 9,767.51 Total: 9,767.51 203941 8/22/2013 073573 CLARK SECURITY PRODUCTS INC SE85293201 PADLOCK, PIN TUMBLER PADLOCK, PIN TUMBLER 001.000.64.576.80.31.00 84.60 Freight 001.000.64.576.80.31.00 9.79 9.5% Sales Tax 001.000.64.576.80.31.00 8.97 SE85316901 PADLOCK, PIN TUMBLERS Page: 6 Packet Page 34 of 199 vchlist Voucher List Page: 7 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203941 8/22/2013 073573 CLARK SECURITY PRODUCTS INC (Continued) PADLOCK, PIN TUMBLERS 001.000.64.576.80.31.00 130.00 Freight 001.000.64.576.80.31.00 9.97 9.5% Sales Tax 001.000.64.576.80.31.00 13.30 Total: 256.63 203942 8/22/2013 062975 COLLISION CLINIC INC RO # 22977 Unit 93 - Repairs on R Side Unit 93 - Repairs on R Side 511.000.77.548.68.48.00 2,282.44 RO # 23054 Unit 93 - Repairs to L Side Unit 93 - Repairs to L Side 511.000.77.548.68.48.00 993.93 Total: 3,276.37 203943 8/22/2013 068190 DATEC INC 30858 INV#30858 CUST#EPD020 - EDMOI` POCKETJET BLUETOOTH PRINTEF 001.000.41.521.22.35.00 880.50 HARD WIRED POWER CABLE 001.000.41.521.22.35.00 45.00 BMS DOC SET 001.000.41.521.22.35.00 9.95 Freight 001.000.41.521.22.35.00 15.00 9.5% Sales Tax 001.000.41.521.22.35.00 90.29 Total: 1,040.74 203944 8/22/2013 073823 DAVID EVANS & ASSOC INC 330776 WOODWAY ELEMENTARY PLAT-ST Woodway Elementary Plat - Storm Vs 001.000.245.963 1,052.55 Total: 1,052.55 203945 8/22/2013 070230 DEPARTMENT OF LICENSING 8/7/13 - 8/21/13 STATE SHARE OF CONCEALED PIE Page: 7 Packet Page 35 of 199 vchlist Voucher List Page: 8 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203945 8/22/2013 070230 DEPARTMENT OF LICENSING (Continued) State Share of Concealed Pistol 001.000.237.190 297.00 Total: 297.00 203946 8/22/2013 073757 DEX MEDIA WEST INC DEX8/8/13 CEMETERY ADVERTISING CEMETERY ADVERTISING 130.000.64.536.20.44.00 35.25 Total: 35.25 203947 8/22/2013 073772 DIRECT MATTERS 52735 COURT FORMS COURT FORMS 001.000.23.523.30.31.00 471.38 Total : 471.38 203948 8/22/2013 071969 EDMONDS CENTER FOR THE ARTS 08142013 TOURISM PROMOTION AWARD FO Tourism promotion award for 2013 to 120.000.31.575.42.44.00 12,500.00 Total : 12,500.00 203949 8/22/2013 008705 EDMONDS WATER DIVISION 8-40000 23708 104TH AVE W 23708 104TH AVE W 001.000.64.576.80.47.00 867.38 Total : 867.38 203950 8/22/2013 008812 ELECTRONIC BUSINESS MACHINES 0903481 PARKS MAINT COPIER PARKS MAINT COPIER 001.000.64.576.80.45.00 19.73 9.5% Sales Tax 001.000.64.576.80.45.00 1.87 Total : 21.60 203951 8/22/2013 008812 ELECTRONIC BUSINESS MACHINES 090189 1 Meter charges for Planning Dept. C1( Meter charges for Planning Dept. C1( 001.000.62.524.10.45.00 28.40 9.5% Sales Tax 001.000.62.524.10.45.00 2.70 Page: 8 Packet Page 36 of 199 vchlist Voucher List Page: 9 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203951 8/22/2013 008812 ELECTRONIC BUSINESS MACHINES (Continued) 090190 1 Meter charges for Building Division's Meter charges for Building Division's 001.000.62.524.10.45.00 30.32 9.5% Sales Tax 001.000.62.524.10.45.00 2.88 Total: 64.30 203952 8/22/2013 074557 EMMERSON HOLDINGS LLC 2013-533 INV#2013-533 - EDMONDS PD THE PERSERVERANCE/BLACK 001.000.41.521.40.31.00 1,630.08 QCLOT Z-FOLD COMBAT GAUZE 001.000.41.521.40.31.00 827.64 Freight 001.000.41.521.40.31.00 27.28 9.5% Sales Tax 001.000.41.521.40.31.00 236.08 Total: 2,721.08 203953 8/22/2013 074437 EMPLOYERS HEALTH COALITION WA 4/11/13-2 Billing for Retirees program managen Billing for Retirees program managen 009.000.39.517.37.23.00 5,329.80 Total: 5,329.80 203954 8/22/2013 067004 FINE LINE INDUSTRIAL PRODUCTS 23269-00 WWTP - INCINERATOR, REPAIR/RE WWTP - INCINERATOR, REPAIR/RE 423.100.76.594.39.65.10 2,133.00 Freight 423.100.76.594.39.65.10 44.78 9.5% Sales Tax 423.100.76.594.39.65.10 206.89 Total: 2,384.67 203955 8/22/2013 011900 FRONTIER 253-017-8148 CITY PARK T1 LINE City Park T1 Line 001.000.31.518.88.42.00 407.50 Page: 9 Packet Page 37 of 199 vchlist Voucher List Page: 10 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203955 8/22/2013 011900 011900 FRONTIER (Continued) Total: 407.50 203956 8/22/2013 072147 GEIL, ANNE GEIL17107 YOGA INSTRUCTOR SUB 17107 YOGA INSTRUCTOR SUB 17107 001.000.64.575.54.41.00 44.55 Total: 44.55 203957 8/22/2013 074402 GLOTZER, HARLAN HARLAN 08272013 HMP CONCERT 08272013 HMP CONCERT 08272013 117.100.64.573.20.41.00 600.00 Total: 600.00 203958 8/22/2013 012199 GRAINGER 9215802944 METERING FAUCET FOR RESTRO( METERING FAUCET FOR RESTRO( 001.000.64.576.80.31.00 173.25 9.5% Sales Tax 001.000.64.576.80.31.00 16.46 Total: 189.71 203959 8/22/2013 012199 GRAINGER 9216927732 PS - V Belts PS - V Belts 001.000.66.518.30.31.00 46.72 9.5% Sales Tax 001.000.66.518.30.31.00 4.44 Total: 51.16 203960 8/22/2013 069733 H B JAEGER COMPANY LLC 140064/1 Water Parts- Adaptors and Setters Water Parts- Adaptors and Setters 421.000.74.534.80.31.00 2,154.58 9.5% Sales Tax 421.000.74.534.80.31.00 204.69 Total: 2,359.27 203961 8/22/2013 012560 HACH COMPANY 8433163 WWTP - LAB SUPPLIES, BEAKERS WWTP - LAB SUPPLIES, BEAKERS 423.000.76.535.80.31.31 95.55 9.5% Sales Tax Page: 10 Packet Page 38 of 199 vchlist Voucher List Page: 11 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203961 8/22/2013 012560 HACH COMPANY (Continued) 423.000.76.535.80.31.31 9.08 Total: 104.63 203962 8/22/2013 073548 INDOFF INCORPORATED 2322353 WWTP - OFFICE SUPPLIES WWTP - OFFICE SUPPLIES 423.000.76.535.80.31.41 73.29 9.5% Sales Tax 423.000.76.535.80.31.41 6.96 2322369 WWTP - COPY PAPER 11 X1 7 FOR ( WWTP - COPY PAPER 11 X1 7 FOR ( 423.000.76.535.80.31.41 30.42 9.5% Sales Tax 423.000.76.535.80.31.41 2.89 Total: 113.56 203963 8/22/2013 073548 INDOFF INCORPORATED 2321693 SUPPLIES SUPPLIES 001.000.23.523.30.31.00 364.74 2321797 SUPPLIES SUPPLIES 001.000.23.512.50.31.00 54.70 2322104 SUPPLIES SUPPLIES 001.000.23.523.30.31.00 -13.97 Total: 405.47 203964 8/22/2013 073548 INDOFF INCORPORATED 2321711 PILOT EASY TOUCH RETRACTABLE Pilot Easy Touch Retractable Pen 001.000.31.514.23.31.00 12.74 9.5% Sales Tax 001.000.31.514.23.31.00 1.21 Total: 13.95 203965 8/22/2013 073548 INDOFF INCORPORATED 2323007 Multifunction chair for Megan Luttrell. Multifunction chair for Megan Luttrell. Page: 11 Packet Page 39 of 199 vchlist Voucher List Page: 12 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203965 8/22/2013 073548 INDOFF INCORPORATED (Continued) 001.000.67.532.20.49.00 690.00 9.5% Sales Tax 001.000.67.532.20.49.00 65.55 2323568 Misc. office supplies including Misc. office supplies including 001.000.62.524.10.31.00 341.53 9.5% Sales Tax 001.000.62.524.10.31.00 32.44 Total: 1,129.52 203966 8/22/2013 071634 INTEGRATELECOM 11183104 C/A768328 PR1-1 & 2 City Phone Service 001.000.31.518.88.42.00 1,975.00 Tourism Toll free lines 877.775.6929; 001.000.61.558.70.42.00 22.53 Econ Devlpmnt Toll free lines 001.000.61.558.70.42.00 22.34 Total: 2,019.87 203967 8/22/2013 062477 KEEP POSTED 17154 POSTER DISTRIBUTION FOR BIRD Puget Sound Bird Fest poster 120.000.31.575.42.44.00 278.00 Total: 278.00 203968 8/22/2013 072059 LEE, NICOLE 783 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 144.75 Total: 144.75 203969 8/22/2013 073603 LIGHTHOUSE LAW GROUP PLLC AUG-2013 08-13 LEGALS FEES 08-13 Legal fees 001.000.36.515.31.41.00 32,000.00 Total: 32,000.00 203970 8/22/2013 065095 LINDENMUTH, SCOTT LINDENMUTH 08162013 HMP CONCERT 08222013 Page: 12 Packet Page 40 of 199 vchlist Voucher List Page: 13 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203970 8/22/2013 065095 LINDENMUTH, SCOTT (Continued) HMP CONCERT 08222013 117.100.64.573.20.41.00 300.00 Total: 300.00 203971 8/22/2013 074263 LYNNWOOD WINSUPPLY CO 002001-00 ROTOR AND ROZORBACK SAW POP UP ROTOR AND RAZORBACK 001.000.64.576.80.31.00 468.00 9.5% Sales Tax 001.000.64.576.80.31.00 44.46 002008-00 SUPPLIES FOR BALLINGER PARK: SUPPLIES FOR BALLINGER PARK: 001.000.64.576.80.31.00 67.70 9.5% Sales Tax 001.000.64.576.80.31.00 6.43 Total: 586.59 203972 8/22/2013 069362 MARSHALL, CITA 1234 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 88.32 Total: 88.32 203973 8/22/2013 020039 MCMASTER-CARR SUPPLY CO 57222323 WWTP - ALKALINE BATTERIES WWTP - ALKALINE BATTERIES 423.000.76.535.80.31.21 33.49 Freight 423.000.76.535.80.31.21 5.77 57403124 WWTP - U-CHANNEL, ALUMINUM. I WWTP - U-CHANNEL, ALUMINUM. I 423.000.76.535.80.31.21 95.36 Freight 423.000.76.535.80.31.21 22.69 Total: 157.31 203974 8/22/2013 063773 MICROFLEX 00021439 07-13 TAX AUDIT PROGRAM TAX AUDIT PROGRAM Page: 13 Packet Page 41 of 199 vchlist Voucher List Page: 14 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203974 8/22/2013 063773 MICROFLEX (Continued) 001.000.31.514.23.41.00 150.52 Total: 150.52 203975 8/22/2013 074035 MORRIS LAW PC Hillman CRR Prof Legal Sery for Hillman Closed Prof Legal Sery for Hillman Closed 001.000.11.550.10.49.00 5,000.00 Total: 5,000.00 203976 8/22/2013 024001 NC POWER SYSTEMS CO SECS0566877 Unit 63 - Radiator Unit 63 - Radiator 511.000.77.548.68.31.10 773.85 Freight 511.000.77.548.68.31.10 86.00 9.5% Sales Tax 511.000.77.548.68.31.10 81.69 Total: 941.54 203977 8/22/2013 024302 NELSON PETROLEUM 0500107-IN Fleet - Filter Inventory Fleet - Filter Inventory 511.000.77.548.68.34.40 33.25 9.5% Sales Tax 511.000.77.548.68.34.40 3.14 Total: 36.39 203978 8/22/2013 074555 NORTHWEST POST CLOSING NPCC 285-14277 E1AA.CALVARY CHAPEL.FEE FOR I E1AA.Calvary Chapel.Fee for Partial 112.200.68.595.33.41.00 125.00 Total: 125.00 203979 8/22/2013 025690 NOYES, KARIN 000 00 405 ADB minutes on 8/7/13. ADB minutes on 8/7/13. 001.000.62.558.60.41.00 176.00 Total: 176.00 203980 8/22/2013 063511 OFFICE MAX INC 878424 INDEX DIVIDERS AND LABELS INDEX DIVIDERS Page: 14 Packet Page 42 of 199 vchlist Voucher List Page: 15 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203980 8/22/2013 063511 OFFICE MAX INC (Continued) 001.000.64.571.21.31.00 21.08 LABELS 001.000.64.571.21.31.00 20.86 9.5% Sales Tax 001.000.64.571.21.31.00 3.99 Total: 45.93 203981 8/22/2013 063511 OFFICE MAX INC 784446 OFFICE SUPPLIES Office Supplies 001.000.25.514.30.31.00 16.65 9.5% Sales Tax 001.000.25.514.30.31.00 1.58 811471 OFFICE SUPPLIES Office Supplies 001.000.25.514.30.31.00 154.02 9.5% Sales Tax 001.000.25.514.30.31.00 14.63 Total: 186.88 203982 8/22/2013 063511 OFFICE MAX INC 878799 Sign Shop - Hp Ink Sign Shop - Hp Ink 111.000.68.542.90.31.00 74.02 9.5% Sales Tax 111.000.68.542.90.31.00 7.03 Total: 81.05 203983 8/22/2013 063750 ORCA PACIFIC INC 4875 POOL SUPPLIES: HYPOCHLORITE, POOL CHEMICALS 001.000.64.576.80.31.00 530.15 9.5% Sales Tax 001.000.64.576.80.31.00 50.36 Total: 580.51 203984 8/22/2013 063951 PERTEET ENGINEERING INC 20110010.000-24 E7AC.SERVICES THRU 7/28/13 E7AC.Services thru 7/28/13 Page: 15 Packet Page 43 of 199 vchlist Voucher List Page: 16 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203984 8/22/2013 063951 PERTEET ENGINEERING INC (Continued) 112.200.68.595.33.41.00 32,682.62 Total: 32,682.62 203985 8/22/2013 068411 PHILLIPS 66 - CONOCO 76 683 Unit 405 - Gas Unit 405 - Gas 511.000.77.548.68.34.11 42.06 Total: 42.06 203986 8/22/2013 064552 PITNEY BOWES 9607730AU13 POSTAGE MACHINE LEASE Lease 7/30 to 8/30 001.000.25.514.30.45.00 718.60 9.5% Sales Tax 001.000.25.514.30.45.00 68.26 Total: 786.86 203987 8/22/2013 028860 PLATT ELECTRIC SUPPLY INC 5401562 WWTP - UPS WWTP - UPS 423.100.76.594.39.65.10 900.00 9.5% Sales Tax 423.100.76.594.39.65.10 85.50 5434363 WWTP - SOLAR PROJECT WWTP - SOLAR PROJECT 423.100.76.594.39.65.10 481.30 9.5% Sales Tax 423.100.76.594.39.65.10 45.72 5479112 WWTP - UPS WWTP - UPS 423.100.76.594.39.65.10 12,958.47 9.5% Sales Tax 423.100.76.594.39.65.10 1,231.06 Total: 15,702.05 203988 8/22/2013 072838 PNSCTA AUG 2013 WWTP - OFF -SITE PRETREATMEW WWTP - OFF -SITE PRETREATMEW 423.000.76.535.80.49.71 250.00 Page: 16 Packet Page 44 of 199 vchlist Voucher List Page: 17 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203988 8/22/2013 072838 072838 PNSCTA (Continued) Total: 250.00 203989 8/22/2013 073231 POLYDYNE INC 822399 WWTP - POLYMER WWTP - POLYMER 423.000.76.535.80.31.51 2,455.20 Total : 2,455.20 203990 8/22/2013 074156 RAZZ CONSTRUCTION INC E9GA.Pmt 8 E9GA.PMT 8 THRU 7/31/13 E9GA.Pmt 8 thru 7/31/13 423.000.75.594.35.65.30 475,299.39 Total : 475,299.39 203991 8/22/2013 072725 SAGACITY CUSTOM PUBLISHING 2013-4234 SEA VISITOR GUIDE ONLINE AD Seattle Visitor's Guide online 120.000.31.575.42.44.00 110.00 Total : 110.00 203992 8/22/2013 065708 SCCIT 12601 10/13 - 10/14 ANNUAL MEMBERSHII 10/13 - 10/14 ANNUAL MEMBERSHII 001.000.65.519.91.49.00 400.00 Total : 400.00 203993 8/22/2013 065001 SCHIRMAN, RON 81 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 91.90 Total : 91.90 203994 8/22/2013 068489 SIRENNET.COM 0157180-IN Units eg78 &79po - Clear Lens and Units eg78 &79po - Clear Lens and 511.000.77.548.68.31.10 155.25 Freight 511.000.77.548.68.31.10 11.85 0157409-IN Unit 135 - Flashers, Ambers Unit 135 - Flashers, Ambers 511.000.77.548.68.31.10 577.96 0157486-IN Unit 335 - Supplies Unit 335 - Supplies Page: 17 Packet Page 45 of 199 vchlist Voucher List Page: 18 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203994 8/22/2013 068489 SIRENNET.COM (Continued) 511.000.77.548.68.31.10 90.30 Freight 511.000.77.548.68.31.10 7.81 Tota I : 843.17 203995 8/22/2013 036950 SIX ROBBLEES INC 14-273998 Fleet Shop - Marine Screw Jack Fleet Shop - Marine Screw Jack 511.000.77.548.68.31.10 52.33 9.5% Sales Tax 511.000.77.548.68.31.10 4.97 Total: 57.30 203996 8/22/2013 065803 SKYHAWKS SPORTS ACADEMY SKYHAWKS SKYHAWKS SPORTS CAMPS SKYHAWKS CAMP #16793 001.000.64.575.52.41.00 126.75 SKYHAWKS CAMP #16794 001.000.64.575.52.41.00 112.50 SKYHAWKS CAMP #16792 001.000.64.575.52.41.00 32.25 SKYHAWKS CAMP #16787 001.000.64.575.52.41.00 670.48 Total: 941.98 203997 8/22/2013 037375 SNO CO PUD NO 1 2030-9778-7 WWTP 200 2ND AVE S / METER 10( WWTP 200 2ND AVE S / METER 10( 423.000.76.535.80.47.61 22,805.17 Total: 22,805.17 203998 8/22/2013 037375 SNO CO PUD NO 1 2002-6027-1 9537 BOWDOIN WAY SERVICES AT 9537 BOWDOIN WAY 001.000.64.576.80.47.00 2,571.70 Total: 2,571.70 203999 8/22/2013 067609 SNOHOMISH COUNTY CITIES 07/18/13 SNOHOMISH COUNTY CITIES DINN Snohomish County Cities July dinner Page: 18 Packet Page 46 of 199 vchlist Voucher List Page: 19 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 203999 8/22/2013 067609 SNOHOMISH COUNTY CITIES (Continued) 001.000.21.513.10.43.00 35.00 08/15/13 SNOHOMISH COUNTY CITIES DINN Snohomish County Cities August dinr 001.000.21.513.10.43.00 25.00 Total: 60.00 204000 8/22/2013 067609 SNOHOMISH COUNTY CITIES 8/15/13 SCC Dinner Sno County Cities Dinner Mtg — Sno County Cities Dinner Mtg — 001.000.11.511.60.43.00 50.00 Total: 50.00 204001 8/22/2013 038100 SNO-KING STAMP 53505 INV#53505 - EDMONDS PD - SCHIC MAILBOX MAGNET - SCHICK 001.000.41.521.10.31.00 6.00 Freight 001.000.41.521.10.31.00 2.50 9.5% Sales Tax 001.000.41.521.10.31.00 0.81 Total: 9.31 204002 8/22/2013 039775 STATE AUDITOR'S OFFICE L99609 JULY-13 AUDIT FEES Audit Fees 001.000.39.519.90.51.00 8,438.44 Audit Fees 422.000.72.531.90.51.00 421.92 Audit Fees 421.000.74.534.80.51.00 1,406.41 Audit Fees 423.000.75.535.80.51.00 1,406.41 Audit Fees 423.000.76.535.80.51.00 1,406.41 Audit Fees 111.000.68.543.30.51.00 421.92 Audit Fees 511.000.77.548.68.51.00 562.56 Page: 19 Packet Page 47 of 199 vchlist Voucher List Page: 20 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 204002 8/22/2013 039775 039775 STATE AUDITOR'S OFFICE (Continued) Total: 14,064.07 204003 8/22/2013 046200 STATE OF WASHINGTON Audit 21060400 LEASEHOLD TAX LIABILITY 2009-2( LEASEHOLD TAX LIABILITY CATCH 001.000.237.220 1,753.00 Total: 1,753.00 204004 8/22/2013 009400 STELLAR INDUSTRIAL SUPPLY INC 3269653 Water Sewer - Shovels and Work Glc Water Sewer - Shovels and Work Glc 421.000.74.534.80.31.00 183.88 Water Sewer - Shovels and Work Glc 423.000.75.535.80.31.00 183.88 9.5% Sales Tax 421.000.74.534.80.31.00 17.47 9.5% Sales Tax 423.000.75.535.80.31.00 17.47 Total: 402.70 204005 8/22/2013 068360 SUMMIT LAW GROUP 63425 Legal services Legal services 421.000.74.534.80.41.00 13.00 Legal services 423.000.75.535.80.41.00 13.00 Total: 26.00 204006 8/22/2013 072319 SUNSET BAY RESORT LLC SUNSETBAY16773 BEACH CAMP OVERNIGHT #16773 BEACH CAMP OVERNIGHT #16773 001.000.64.571.22.41.00 3,780.00 BEACH CAMP #16768 001.000.64.571.22.41.00 11,400.00 Total: 15,180.00 204007 8/22/2013 009350 THE DAILY HERALD COMPANY 1829024 Schenk/LN20130044 legal notices. Schenk/LN20130044 legal notices. 001.000.62.558.60.44.00 82.56 1829812 Sloan/PLN20130036 legal notices. Page: 20 Packet Page 48 of 199 vchlist Voucher List Page: 21 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 204007 8/22/2013 009350 THE DAILY HERALD COMPANY (Continued) Sloan/PLN20130036 legal notices. 001.000.62.558.60.44.00 75.68 Total: 158.24 204008 8/22/2013 027269 THE PART WORKS INC 364646 FS 16 - Vacuum Breaker FS 16 - Vacuum Breaker 001.000.66.518.30.31.00 17.82 Freight 001.000.66.518.30.31.00 9.25 9.5% Sales Tax 001.000.66.518.30.31.00 2.57 Total: 29.64 204009 8/22/2013 074397 THE WEAVILS WEAVILS 08252013 CONCERT IN THE PARK 08252013 CONCERT IN THE PARK 08252013 117.100.64.573.20.41.00 400.00 Total: 400.00 204010 8/22/2013 042800 TRI-CITIES SECURITY 20089 Sewer - Generator Keys Sewer - Generator Keys 423.000.75.535.80.31.00 13.25 9.5% Sales Tax 423.000.75.535.80.31.00 1.26 Total: 14.51 204011 8/22/2013 074494 UK SOCCER ELITE UKELITE16825 UK ELITE SOCCER CAMP 16825 UK ELITE SOCCER CAMP #16825 001.000.64.575.52.41.00 2,668.80 Total: 2,668.80 204012 8/22/2013 062693 US BANK 8313 ENG CREDIT CARD CHARGES JUL' Hallway Sign - Balance 421.000.74.534.80.31.00 128.66 Hallway Sign - Balance 422.000.72.531.90.31.00 128.66 Page: 21 Packet Page 49 of 199 vchlist Voucher List Page: 22 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 204012 8/22/2013 062693 US BANK (Continued) Hallway Sign - Balance 423.000.75.535.80.31.00 128.67 Otter Box for DeLilla and Sibrel-- 001.000.67.532.20.49.00 765.71 Tota I : 1,151.70 204013 8/22/2013 062693 US BANK 2813 Unit 46 - Supplies Unit 46 - Supplies 511.000.77.548.68.31.10 67.50 QFC - Shop Supplies 511.000.77.548.68.31.20 7.65 Tensco - Shop Supplies 511.000.77.548.68.31.20 10.35 OReilly Auto - Unit 18 - Water Pump 511.000.77.548.68.31.10 13.74 Wesco - Unit 405 - Parts 511.000.77.548.68.31.10 114.13 OReilly Auto - Supplies 511.000.77.548.68.31.10 21.09 Total: 234.46 204014 8/22/2013 071584 VILLALOBOS, JOEL VILLALOBOS17159 MIGHTY MOVERS FOR LITTLE ONE MIGHTY MOVERS FOR LITTLE ONE 001.000.64.571.22.41.00 396.00 Total: 396.00 204015 8/22/2013 074195 VOICE COACHES VOICECOACHES16928 GETTING PAID TO TALK 16928 GETTING PAID TO TALK #16928 001.000.64.571.22.41.00 225.50 Total: 225.50 204016 8/22/2013 069836 VOLT SERVICE GROUP 29669941 WWTP - ADMINISTRATIVE ASSISTA WWTP - ADMINISTRATIVE ASSISTA 423.000.76.535.80.41.00 418.75 Page: 22 Packet Page 50 of 199 vchlist Voucher List Page: 23 08/22/2013 7:36:34AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amount 204016 8/22/2013 069836 069836 VOLT SERVICE GROUP (Continued) Total: 418.75 204017 8/22/2013 026510 WCIA 101023 STORAGE TANK LIABILITY INSURA Storage Tank Liability Insurance WW' 423.000.76.535.80.51.00 793.00 Total: 793.00 204018 8/22/2013 051050 WYATT, ARTHUR D 80 LEOFF Reimbursement LEOFF Reimbursement 009.000.39.517.37.23.00 50.06 Total: 50.06 204019 8/22/2013 072180 YAHOO INC REF#236793 INV#INTERNAL REF #236793 - EDM INFO REQUEST CASE#13-2069 001.000.41.521.21.49.00 40.00 Total: 40.00 101 Vouchers for bank code: usbank Bank total : 717,430.19 101 Vouchers in this report Total vouchers : 717,430.19 Page: 23 Packet Page 51 of 199 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number FAC Edmonds Museum Exterior Repairs Project c327 EOLA FAC Senior Center Roof Repairs c332 EOLB General SR99 Enhancement Program c238 E6MA General SR104 Telecommunications Conduit Crossing c372 ElEA PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 EBMA PM Interurban Trail c146 E2DB PM Marina Beach Additional Parking c290 EBMB PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA STM 2012 Citywide Storm Drainage Improvements c382 E2FE STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM STM Edmonds Marsh Feasibility Study c380 E2FC STM NPDES m013 E7FG STM Perrinville Creek Culvert Replacement c376 E1 FN STM Public Facilities Water Quality Upgrades c339 E1 FD STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1 FA STM Talbot Road/Perrinville Creek Drainage Improvements c307 E9FB STM Lake Ballinger Associated Projects 2012 c381 E2FD STM North Talbot Road Drainage Improvements c378 E2FA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 2009 Street Overlay Program c294 E9CA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA Revised 8/22/2013 Packet Page 52 of 199 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Proiect Title Number Number STR Shell Valley Emergency Access Road c268 E7CB STR Sunset Walkway Improvements c354 E1 DA STR Transportation Plan Update c391 E2AA SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2013 Sewerline Replacement Project c398 E3GA SWR Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR BNSF Double Track Project c300 EBGC SWR City -Wide Sewer Improvements c301 EBGD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA SWR OVD Sewer Lateral Improvements c142 E3GB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB WTR 2010 Waterline Replacement Program c363 EOJA WTR 2011 Waterline Replacement Program c333 E1JA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE WTR 2013 Waterline Replacement Program c397 E3JA WTR 5th Avenue Overlay Project c399 E2CC WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB WTR AWD Intertie and Reservoir Improvements c324 EOIA WTR Edmonds General Facilities Charge Study c345 E1JC WTR Main Street Watermain c375 E1JK WTR OVD Watermain Improvements c141 E3JB WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD Revised 8/22/2013 Packet Page 53 of 199 PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Protect Title WWTP N/A c385 WWTP Switchgear Upgrade EOAA c329 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade STM EOFC c326 Stormwater GIS Support KWTR EOIA c324 AWD Intertie and Reservoir Improvements WTR EOJA c363 2010 Waterline Replacement Program OLAr c32 Edmonds Museum Exterior Repairs Project FAC EOLB c332 Senior Center Roof Repairs S ers Roundabout (212th Street Sa@ 84th Avenue W) STIR E1AB c343 2011 Residential Neiahborhood Traffic Calmina 76th Ave W at 212th St SW Intersection Improvements STIR E1DA c354 Sunset Wal SR104 Telecommunications Conduit Crossing STM E1 FA c336 SW Edmonds-1 05th/1 06th Ave W Storm Improvements Public Facilities Water Quality Upgrades STM E1 FF c341 Storm Contribution to Transportation Projects tormwater Development Review Support (NPDES Capacity) STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives E1 FN rrinville Creek Culvert Replacement SWR E1GA c347 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement Water, Stormwater Revenue Requirements Upda nowSewer, WTR E1JA c333 2011 Waterline Replacement Program 76th Ave W Waterline Extension with nwood WTR E1JC c345 Edmonds General Facilities Charge Study 1111�PRV Station 11 a Bandon WTR E1JE c340 2012 Waterline Replacement Program E1JK In Street Watermain STIR E2AA c391 Transportation Plan Update 9th Avenue Improvement Project STIR E2AC c404 Citywide Safety Improvements E2AD Hwy 99 Enhancements (Phase III) WTR E2CA c388 2012 Waterline Overlay Program Pioneer Way Road Repa STIR E2CC c399 5th Ave Overlav Proiect STM E2FA c378 North Talbot Road Draina SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study Revised 8/22/2013 Packet Page 54 of 199 PROJECT NUMBERS (By Engineering Number) Engineering Protect Funding Number STM E2FE SWR E2GB EYA STM E3FB Project Accounting Number Project Title c381 Lake Ballinger Associated Projects 2012 c382 2012 Citywide Storm Drainage Improvements c369J&12 Sanitary Sewer Comp Plan Update Am c390 Alder Sanitary Sewer Pipe Rehabilitation c406 1%013 Citywide Drainage Replacement c407 2013 Lake Ballinger Basin Study & Associated Projects E3FC c408 ��reek Stor�v Reduction etrofit S udy STM EYD c409 Dayton Street Storm Improvements (6th Ave - 8th Ave) orthstream Pipe Abandonement on Puget Drive SWR E3GA c398 2013 Sewerline Replacement Project OVD Sewer Lateral Improvements dh WTR E3JA c397 2013 Waterline Replacement Program 224th Waterline Relocation (2013) WTR E3JB c141 OVD Watermain Improvements (2003) c245 76th Avenue West/75th Place West Walkway Projec STR E6DB c256 Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project General JW6MA R99 Enhancement Progr STR E7AA c265 Main Street Lighting and Sidewalk Enhancements 228th St. SW Corrido provements STR E7CB c268 Shell Valley Emergency Access Road E7FG PM E7MA c276 Dayton Street Plaza ift Station 2 Improvements (Separated from Us 13 - 09/01 /08) SWR E8GC c300 BNSF Double Track Project SWR E8GD City -Wide Sewer Improvements PM E8MA c282 Fourth Avenue Cultural Corridor c290 Marina Beach Additional Parking STR E9CA c294 2009 Street Overlay Program 26th Street Walkway Project STM E9FB c307 Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation Sewer Lift Station Rehabilitation Design PM E91MA c321 Senior Center Parking Lot & Landscaping Improvements Revised 8/22/2013 Packet Page 55 of 199 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title WTR c141 E3JB OVD Watermain Improvements (2003) SWR c142 E3GB OVD Sewer Lateral Improvements PM c146 E2DB Interurban Trail General c238 E6MA SR99 Enhancement Program STIR c245 E6DA 76th Avenue West/75th Place West Walkway Project STIR c256 E6DB Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project STIR c265 E7AA Main Street Lighting and Sidewalk Enhancements STIR c268 E7CB Shell Valley Emergency Access Road PM c276 E7MA Dayton Street Plaza PM c282 EBMA Fourth Avenue Cultural Corridor PM c290 EBMB Marina Beach Additional Parking STIR c294 E9CA 2009 Street Overlay Program SWR c298 EBGA Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) SWR c300 EBGC BNSF Double Track Project SWR c301 EBGD City -Wide Sewer Improvements SWR c304 E9GA Sewer Lift Station Rehabilitation Design STM c307 E9FB Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation STIR c312 E9DA 226th Street Walkway Project PM c321 E9MA Senior Center Parking Lot & Landscaping Improvements WTR c324 EOIA AWD Intertie and Reservoir Improvements STM c326 EOFC Stormwater GIS Support FAC c327 EOLA Edmonds Museum Exterior Repairs Project STIR c329 EOAA 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade FAC c332 EOLB Senior Center Roof Repairs WTR c333 E1JA 2011 Waterline Replacement Program STM c336 E1 FA SW Edmonds-105th/106th Ave W Storm Improvements STM c339 E1 FD Public Facilities Water Quality Upgrades WTR c340 E1JE 2012 Waterline Replacement Program STM c341 E1 FF Storm Contribution to Transportation Projects STR c342 E1AA Five Corners Roundabout (212th Street SW @ 84th Avenue W) STIR c343 E1AB 2011 Residential Neighborhood Traffic Calming WTR c344 E1JB 76th Ave W Waterline Extension with Lynnwood WTR c345 E1JC Edmonds General Facilities Charge Study Revised 8/22/2013 Packet Page 56 of 199 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number Project Title WTR c346 E1JD PRV Station 11 and 12 Abandonment SWR c347 E1GA 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement STM c349 E1 FH Stormwater Development Review Support (NPDES Capacity) STIR c354 E1 DA Sunset Walkway Improvements WTR c363 EOJA 2010 Waterline Replacement Program STIR c368 E1CA 76th Ave W at 212th St SW Intersection Improvements SWR c369 E2GA 2012 Sanitary Sewer Comp Plan Update WTR c370 E1GB Sewer, Water, Stormwater Revenue Requirements Update General c372 ElEA SR104 Telecommunications Conduit Crossing STM c374 E1 FM Dayton Street & SR104 Storm Drainage Alternatives WTR c375 E1JK Main Street Watermain STM c376 E1 FN Perrinville Creek Culvert Replacement STM c378 E21FA North Talbot Road Drainage Improvements STM c379 E2FB SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM c380 E2FC Edmonds Marsh Feasibility Study STM c381 E2FD Lake Ballinger Associated Projects 2012 STM c382 E21FE 2012 Citywide Storm Drainage Improvements WWTP c385 N/A WWTP Switchgear Upgrade WTR c388 E2CA 2012 Waterline Overlay Program WTR c389 E2CB Pioneer Way Road Repair SWR c390 E2GB Alder Sanitary Sewer Pipe Rehabilitation STIR c391 E2AA Transportation Plan Update STIR c392 E2AB 9th Avenue Improvement Project WTR c397 E3JA 2013 Waterline Replacement Program SWR c398 E3GA 2013 Sewerline Replacement Project STIR c399 E2CC 5th Ave Overlay Project STIR c404 E2AC Citywide Safety Improvements STIR c405 E2AD Hwy 99 Enhancements (Phase III) STM c406 EYA 2013 Citywide Drainage Replacement STM c407 E3FB 2013 Lake Ballinger Basin Study & Associated Projects STM c408 E3FC Perrinville Creek Stormwater Flow Reduction Retrofit Study STM c409 E3FD Dayton Street Storm Improvements (6th Ave - 8th Ave) STM c410 E31FE Northstream Pipe Abandonement on Puget Drive WTR c418 E3JB 224th Waterline Relocation (2013) Revised 8/22/2013 Packet Page 57 of 199 PROJECT NUMBERS (By New Project Accounting Number) Project Engineering Accounting Project Funding Number Number STIR i005 E7AC STM m013 E7FG Project Title 228th St. SW Corridor Improvements NPDES Revised 8/22/2013 Packet Page 58 of 199 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number STR 100th Ave W/Firdale Ave/238th St. SW/Traffic Signal Upgrade c329 EOAA STR 2009 Street Overlay Program c294 E9CA WTR 2010 Waterline Replacement Program c363 EOJA STR 2011 Residential Neighborhood Traffic Calming c343 E1AB WTR 2011 Waterline Replacement Program c333 E1JA STM 2012 Citywide Storm Drainage Improvements c382 E2FE SWR 2012 Sanitary Sewer Comp Plan Update c369 E2GA SWR 2012 Sewermain-Alder/Dellwood/Beach PI/224th St. Sewer Replacement c347 E1GA WTR 2012 Waterline Overlay Program c388 E2CA WTR 2012 Waterline Replacement Program c340 E1JE STM 2013 Citywide Drainage Replacement c406 EYA STM 2013 Lake Ballinger Basin Study & Associated Projects c407 E3FB SWR 2013 Sewerline Replacement Project c398 E3GA WTR 2013 Waterline Replacement Program c397 E3JA WTR 224th Waterline Relocation (2013) c418 E3JB STR 226th Street Walkway Project c312 E9DA STR 228th St. SW Corridor Improvements i005 E7AC STR 5th Ave Overlay Project c399 E2CC STR 76th Ave W at 212th St SW Intersection Improvements c368 ElCA WTR 76th Ave W Waterline Extension with Lynnwood c344 E1JB STR 76th Avenue West/75th Place West Walkway Project c245 E6DA STR 9th Avenue Improvement Project c392 E2AB SWR Alder Sanitary Sewer Pipe Rehabilitation c390 E2GB WTR AWD Intertie and Reservoir Improvements c324 EOIA SWR BNSF Double Track Project c300 EBGC STR Caspers/Ninth Avenue/Puget Drive (SR524) Walkway Project c256 E6DB STR Citywide Safety Improvements c404 E2AC SWR City -Wide Sewer Improvements c301 EBGD STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c409 E3FD WTR Edmonds General Facilities Charge Study c345 E1JC STM Edmonds Marsh Feasibility Study c380 E2FC FAC Edmonds Museum Exterior Repairs Project c327 EOLA Revised 8/22/2013 Packet Page 59 of 199 PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA PM Fourth Avenue Cultural Corridor c282 EBMA STR Hwy 99 Enhancements (Phase III) c405 E2AD PM Interurban Trail c146 E2DB STM Lake Ballinger Associated Projects 2012 c381 E2FD SWR Lift Station 2 Improvements (Separated from L/s 13 - 09/01/08) c298 EBGA STR Main Street Lighting and Sidewalk Enhancements c265 E7AA WTR Main Street Watermain c375 E1JK PM Marina Beach Additional Parking c290 EBMB STM North Talbot Road Drainage Improvements c378 E21FA STM Northstream Pipe Abandonement on Puget Drive c410 EYE STM NPDES m013 E7FG SWR OVD Sewer Lateral Improvements c142 E3GB WTR OVD Watermain Improvements (2003) c141 E3JB STM Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E31FC WTR Pioneer Way Road Repair c389 E2CB WTR PRV Station 11 and 12 Abandonment c346 E1JD STM Public Facilities Water Quality Upgrades c339 E1 FD PM Senior Center Parking Lot & Landscaping Improvements c321 E9MA FAC Senior Center Roof Repairs c332 EOLB SWR Sewer Lift Station Rehabilitation Design c304 E9GA WTR Sewer, Water, Stormwater Revenue Requirements Update c370 E1GB STR Shell Valley Emergency Access Road c268 E7CB General SR104 Telecommunications Conduit Crossing c372 ElEA General SR99 Enhancement Program c238 E6MA STM Storm Contribution to Transportation Projects c341 E1 FF STM Stormwater Development Review Support (NPDES Capacity) c349 E1 FH STM Stormwater GIS Support c326 EOFC STR Sunset Walkway Improvements c354 E1DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c336 E1 FA WWTP WWTP Switchgear Upgrade c385 N/A STM Talbot Rd. Storm Drain Project/Perrinville Creek Mitigation c307 E9FB Revised 8/22/2013 Packet Page 60 of 199 PROJECT NUMBERS (By Project Title) Funding Proiect Title STIR Transportation Plan Update Project Engineering Accounting Project Number Number c391 E2AA Revised 8/22/2013 Packet Page 61 of 199 PROJECT NUMBERS (Phase and Task Numbers) Phases and Tasks (Enaineerina Division Phase Title ct Construction ds Design pl Preliminary sa Site Acquisition & Prep st Study ro Right -of -Way Task Title 196 Traffic Engineering & Studies 197 MAIT 198 CTR 199 Engineering Plans & Services 950 Engineering Staff Time 970 Construction Management 981 Contract 990 Miscellaneous 991 Retainage stm Engineering Staff Time -Storm str Engineering Staff Time -Street swr Engineering Staff Time -Sewer wtr Engineering Staff Time -Water prk Engineering Staff Time -Park Packet Page 62 of 199 Benefit Checks Summary Report City of Edmonds Pay Period: 620 - 08/01/2013 to 08/15/2013 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 60420 08/20/2013 mebt AST TTEE 78,137.43 0.00 60421 08/20/2013 epoa2 EPOA-POLICE 2,808.00 0.00 60422 08/20/2013 epoa3 EPOA-POLICE SUPPORT 436.50 0.00 60423 08/20/2013 flex FLEX -PLAN SERVICES, INC 483.83 0.00 60424 08/20/2013 pb NATIONWIDE RETIREMENT SOLUTION 3,011.05 0.00 60425 08/20/2013 teams TEAMSTERS LOCAL 763 4,131.68 0.00 60426 08/20/2013 icma VANTAGE TRANSFER AGENTS 304884 2,015.57 0.00 60427 08/20/2013 wadc WASHINGTON STATE TREASURER 16,019.00 0.00 107,043.06 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 2023 08/20/2013 front FRONTIER BANK 96,235.87 0.00 2025 08/20/2013 flex FLEX -PLAN SERVICES, INC 164.40 0.00 96,400.27 0.00 Grand Totals: 203,443.33 0.00 8/19/2013 Page 1 of 1 Packet Page 63 of 199 Payroll Earnings Summary Report City of Edmonds Pay Period: 620 (08/01/2013 to 08/15/2013) Hour Type Hour Class Description Hours Amount 121 SICK SICK LEAVE 252.50 6,149.48 122 VACATION VACATION 2,299.25 81,751.75 123 HOLIDAY HOLIDAY HOURS 8.75 311.82 124 HOLIDAY FLOATER HOLIDAY 24.00 711.34 125 COMP HOURS COMPENSATORY TIME 150.50 5,116.11 129 SICK Police Sick Leave L & 1 38.00 1,551.70 130 COMP HOURS Holiday Compensation Used 9.00 283.39 131 MILITARY MILITARY LEAVE 30.00 1,145.29 150 REGULAR HOURS Kelly Day Used 177.00 5,931.38 155 COMP HOURS COMPTIME AUTO PAY 38.67 1,695.43 160 VACATION MANAGEMENT LEAVE 12.00 817.05 190 REGULAR HOURS REGULAR HOURS 17,069.50 508,686.28 196 REGULAR HOURS LIGHT DUTY 81.00 3,382.73 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 2,050.24 216 MISCELLANEOUS STANDBY TREATMENT PLANT 15.00 1,434.84 220 OVERTIME HOURS OVERTIME 1.5 498.25 29,937.69 225 OVERTIME HOURS OVERTIME -DOUBLE 14.75 898.70 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 130.24 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 730.51 602 COMP HOURS ACCRUED COMP 93.75 0.00 604 COMP HOURS ACCRUED COMP TIME 68.25 0.00 606 COMP HOURS ACCRUED COMP TIME 0.25 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 23.56 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 160.89 boc MISCELLANEOUS BOC 11 Certification 0.00 80.05 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 137.44 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 589.30 det MISCELLANEOUS DETECTIVE PAY 0.00 95.89 det4 MISCELLANEOUS Detective 4% 0.00 923.69 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 727.08 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 834.14 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 4,514.92 furls SICK FAMILY MEDICAL/SICK 386.50 13,748.80 08/19/2013 Packet Page 64 of 199 Page 1 of 2 Payroll Earnings Summary Report City of Edmonds Pay Period: 620 (08/01/2013 to 08/15/2013) Hour Type Hour Class Description Hours Amount fmly VACATION Family Medical Leave Vacation 71.00 2,027.76 hol HOLIDAY HOLIDAY 18.00 1,297.01 k9 MISCELLANEOUS K-9 PAY 0.00 108.23 Iq1 LONGEVITY PAY LONGEVITY PAY 2% 0.00 1,858.34 Iq2 LONGEVITY PAY LONGEVITY PAY 4% 0.00 1,400.01 Iq3 LONGEVITY PAY LONGEVITY 6% 0.00 4,640.58 Iq4 LONGEVITY Longevity 1 % 0.00 357.72 Iq5 LONGEVITY Longevity 3% 0.00 66.98 Iq6 LONGEVITY Longevity .5% 0.00 288.93 Iq7 LONGEVITY Longevity 1.5% 0.00 640.00 Iqh LONGEVITY Longevity Hourly 0.00 0.00 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 191.78 ooc MISCELLANEOUS 5% OUT OF CLASS 0.00 239.28 pds MISCELLANEOUS Public Disclosure Specialist 0.00 44.66 phy MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 1,567.36 prof MISCELLANEOUS PROFESSIONAL STANDARDS 0.00 147.00 sdp MISCELLANEOUS SPECIAL DUTY PAY 5% 0.00 290.85 sqt MISCELLANEOUS ADMINISTRATIVE SERGEANT 0.00 147.00 slw SICK SICK LEAVE ADD BACK 205.28 0.00 traf MISCELLANEOUS TRAFFIC 0.00 302.03 vab VACATION VACATION ADD BACK 24.63 0.00 21,633.83 $690,167.25 Total Net Pay: $476,995.48 08/19/2013 Packet Page 65 of 199 Page 2 of 2 AM-6040 City Council Meeting Meeting Date: 08/27/2013 Time: Consent Submitted For: Councilmember Bloom Department: City Council 5. C. Submitted By: Jana Spellman Review Committee: Committee Action: Type: Action Information Subiect Title Approval of appointment of Patricia Moriarty to the Lodging Tax Advisory Committee Recommendation Previous Council Action Narrative Approval of appointment of Patricia Moriarty to the Lodging Tax Advisory Committee. Attachments Moriarty App for LTAC Committee Form Review Inbox Reviewed By City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Jana Spellman Final Approval Date: 08/22/2013 Date 08/22/2013 11:45 AM 08/22/2013 02:41 PM 08/22/2013 02:55 PM Started On: 08/15/2013 09:21 AM Packet Page 66 of 199 I 1 I Citizen Board and Commission Application (PLEASE PRINT OR TYPE) (Board a Name:Patricia Moriarty Date:July 31, 2013 Occupational status and background: Retired educator, teacher, school administrator and educational consul -tool Organizational affiliations:Chamber of Commerce Edmonds, Sound Discipline Board Member, various po[i4i'ee f, Why are you seeking this appointment?Currrently running a bed and breakfast in Edmonds. As a longtime member of the community I am interested in welfare of our community and in being4RVO- i [ i What skills and knowledge do you have to meet the selection criteria?TOurism skills from my experience with the bed and breakfast as well as organizationcl, management and development skills from my profe55aam*a Additional Comments: Please return this completed form to: Edmonds City Hall 1215th Avenue North Edmonds, WA 98020 carolyn.lafave@edmondswa.gov Fax: 425.771.0252 5ignalqre Packet Page 67 of 199 AM-6054 5. D. City Council Meeting Meeting Date: 08/27/2013 Time: Consent Submitted For: Dave Earling Submitted By: Carolyn LaFave Department: Mayor's Office Review Committee: Committee Action: Type: Action Information Subject Title Confirmation of Brian Borofka to the Architectural Design Board. Recommendation Please confirm Brian Borofka to the layman position on the Architectural Design Board. Previous Council Action Narrative Mayor Earling and the Architectural Design Board are recommending Brian Borofka fill the vacant position of layman. Inbox City Clerk Mayor Finalize for Agenda Form Started By: Carolyn LaFave Final Approval Date: 08/23/2013 Form Review Reviewed By Date Linda Hynd 08/22/2013 04:44 PM Dave Earling 08/23/2013 10:50 AM Linda Hynd 08/23/2013 11:04 AM Started On: 08/21/2013 11:09 AM Packet Page 68 of 199 AM-6058 5. E. City Council Meeting Meeting Date: 08/27/2013 Time: Consent Submitted For: Stephen Clifton Submitted By: Stephen Clifton Department: Community Services Committee: Type: Action Information Subject Title Adoption of Ordinance Amending City Code Section 3.75.120 - Change of Deadline for Submitting Annual Work Programs and Budgets Recommendation On August 6, 2013, the City Council expressed support for the EDBID Interim Members Advisory Board request to change the date proposed EDBID annual work programs and budgets be submitted to the City Council and asked that an Ordinance be prepared containing language that would amend ECC Section 3.75.120 (see attachments). Previous Council Action November 13, 2012 - The City Council Finance Committee expressed support for, and recommended the City Council approve, a resolution initiating a proposal for a business improvement district within a portion of the City of Edmonds. November 27, 2012 - The City Council voted to approve a resolution initiating a proposal for a business improvement district within a portion of the City of Edmonds (see attached). December 18, 2012 - The City Council voted to approve a resolution declaring the City's intent to establish a business improvement district within a portion of the City of Edmonds and setting the public hearing date for January 15, 2013 (see attached). January 15, 2013 - The City Council voted to approve Ordinance 3909 establishing a business improvement district within a portion of the City of Edmonds. March 12, 2013 - The City Council confirmed the appointment of eleven Edmonds Downtown Business Improvement District Interim Members Advisory Board members. March 12, 2013 - The City Council approved Ordinance 3914 amending Edmonds City Code 3.75.120 relating to the Edmonds Downtown Business Improvement District. June 11, 2013 - The City Council Finance Committee recommended that this item be placed on the City Council agenda as a 30 minute item. During the June 25, 2013 City Council meeting, members of the Edmonds Downtown Business Improvement District (EDBID) Interim Members Advisory Board will present information on proposed EDBID work program and budget for year 2013 in addition to bylaws. A question and answer session may follow. June 25, 2013 - The City Council approved Edmonds Downtown Business Improvement District Year 2013 Work Program and Budget. July 23, 2013 - The City Council approved Edmonds Downtown Business Improvement District Bylaws. Packet Page 69 of 199 August 6, 2013 - The City Council expressed support for the EDBID Interim Members Advisory Board request to change the date proposed EDBID annual work programs and budgets be submitted to the City Council and asked that an Ordinance be prepared containing language that would amend ECC Section 3.75.120. Narrative Edmonds City Code Section 3.75.120 requires the Edmonds Downtown Business Improvement District (EDBID) Interim Members Advisory Board to recommend and submit a work program and budget for year 2014, and annual work programs and budgets for all subsequent years, to the City Council for review and consideration by September 1 st of each year. Due to the amount of time it has taken to prepare and obtain approval of EDBID Bylaws and the 2013 Work Program and Budget, there's not much time left to prepare and submit a work program and budget for year 2014 to the City Council by September 1 of this year. Finalizing annual work programs and budgets during the late summer months, just prior to September 1 of each year, will also make it challenging due to the availability of Board members and EDBID members. As such, the EDBID Interim Members Advisory Board submitted a request to the City Council asking them to authorize preparation of an Ordinance to amend City Code Section 3.75.120 by changing the date recommended annual work programs and budgets must be submitted to the City Council. More specifically, the EDBID requested that the EDBID 2014 BID Work Plan and Budget be submitted to the City by October 31, 2013. This is due to their initial membership meeting taking place in September, where the EDBID will be seeking input and feedback from their membership, and needing time to prepare the EDBID 2014 work plan in response to input. For subsequent years, the EDBID Board asked that the EDBID annual work plan and budget be presented to the City by October 1 of each year. On August 6, 2013, the City Council expressed support for the requests and asked that an Ordinance be prepared containing language that would amend ECC Section 3.75.120 as follows: "3.75.120 ...... The interim Members Advisory Board shall submit a proposed work program and budget for 2013 to the city council within 90 days of the city council's confirmation of the mayor's initial appointments and shall recommend a work program and budget for all subsequent years no later thane October 1 st of the year before, unless otherwise agreed to by the City Council." The above modifications would allow the EDBID annual work plans and budgets to be submitted by October 1 of each year while acknowledging an October 31, 2013 submittal date for the 2014 work plan and budget. Background Business Improvement Districts (BIDS), also known as Business Improvement Areas (BIAS), are designed to aid general economic development and to facilitate merchant and service business cooperation. A BID is a local self-help funding mechanism that allows businesses and/or property owners within a defined area to establish a special assessment district. In Washington State, BIDS are authorized by statute, i.e., the Revised Code Washington. More specifically, the above referenced funding mechanism is an assessment collected from businesses and/or properties within defined geographic boundaries where BID sponsored/supported activities are financed through a special assessment. There are many reasons to create a BID. The most common motivations are that BIDS are conceived, designed, and managed locally by those who are paying the assessments, and everyone in the district will contribute toward funding BID activities. In other words, business owners pool their money to do things they want to do and that are best done collectively. Funds collected are used to provide services for the mutual benefit of businesses and/or properties being assessed and can be used to provide marketing, public area maintenance, security, parking, streetscape improvements, and professional management/services. Each BID typically has a member advisory board made up of members within the BID boundary. The concept of business district management funded through business community supported assessments has been around for many years and gained wide popularity during the 1990s. Under one name or another, well over 1,000 such districts exist throughout the United States, with many more in Canada and throughout the world (Business Packet Page 70 of 199 Improvement Districts in the United States - Rutgers University, 2011). In Washington State, Parking and/or Business Improvement Districts/Areas exist in Olympia, Poulsbo, Richland, Seattle (eight currently active), Spokane, Tacoma, Yakima, Auburn, Everett, Burien and Port Angeles; the City of Longview is currently in the process of working to create a BID. January 15, 2013 City Council meeting link (Agenda Item #4): http://agenda.ci.edmonds.wa.us/agenda publish.cfm?mt=ALL&get month=l&get year=2013&dsp=ag&seq=767 March 12, 2013 City Council meeting link (Agenda Item #5): http://agenda.ci.edmonds.wa.us/agenda publish.cfm?mt=ALL&get month=3&get year=2013&dsp=ag&seq=795 June 25, 2013 City Council meeting link (Agenda Item #12): http://agenda.ci.edmonds.wa.us/agenda publish.cfm?mt=ALL&get month=6&get year=2013&dsp=ag&seq=831 July 23, 2013 City Council meeting link (Agenda Item #7):http://agenda.ci.edmonds.wa.us/agenda publish.cfm?mt=ALL&get month=7&get year=2013&dsp=ag&seq=849 August 6, 2013 City Council meeting link (Agenda Item #6): http://agenda.ci.edmonds.wa.us/agenda publish.cfm?mt=ALL&get month=8&get year=2013&dsp=ag&seq=854 Attachments Ordinance Amending Chapter 3.75.120 Ordinance Amending Chapter 3.75.120 - Attachment A Ordinance 3909 Ordinance 3914 - Amending ECC Section 3.75.120 Ordinance 3929 - Amending ECC Section 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 Inbox Reviewed By City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Stephen Clifton Final Approval Date: 08/22/2013 Form Review Date 08/22/2013 11:46 AM 08/22/2013 02:45 PM 08/22/2013 02:55 PM Started On: 08/21/2013 04:24 PM Packet Page 71 of 199 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, SECTION 3.7 5.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds Downtown Business Improvement District (BID) was established by Ordinance No. 3909 resulting in the establishment of Edmonds City Code Section 3.75; and WHEREAS, Section 3.75.120 of the Edmonds City Code requires the BID Members Advisory Board recommend to the City Council an annual work program and budget no later than September 1st of the year before; and WHEREAS, the City Council now deems it appropriate to adjust the deadline for submitting annual work programs and budgets by changing the deadline from September 1st to October 1st and providing the ability to adjust the annual work program and budget submittal date, but only subject to City Council approval; and WHEREAS, on August 6, 2013, the City Council directed that an ordinance be prepared to make further revisions to chapter 3.75.120 ECC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 3.75.120 of the Edmonds City Code is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text shown in underline; deleted text shown in strike through): Section 2. Effective Date. This ordinance, being an exercise of a power Packet Page 72 of 199 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: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Jeffrey B. Taraday, City Attorney FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Approved: MAYOR DAVID O. EARLING -2 Packet Page 73 of 199 SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the 20th day of August, 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, AMENDING EDMONDS CITY CODE, SECTION 3.75.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.. The full text of this Ordinance will be mailed upon request. DATED this ___ day of August, 2013. CITY CLERK: SANDRA S. CHASE 4852-3031-9887, v 1 Packet Page 74 of 199 Attachment A ECC 3.75.120. Members Advisory Board. The Mayor shall appoint, subject to confirmation by the City Council, an interim Members Advisory Board comprised of Members from the EDBID within sixty days of the effective date of this ordinance. The Mayor shall appoint at least seven and no more than eleven interim board members. The interim Board shall be composed of both open door and by appointment EDBID Members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In addition, the Finance Director and the Community Services I Economic Development Director shall be non -voting, ex officio members of the interim board. The interim Members Advisory Board shall be responsible for proposing bylaws and policy guidelines to the City Council that will address, among other matters, the composition and method of appointing or electing future board members. The initial Member Advisory Board shall submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments. The interim Members Advisory Board shall also provide advice and consultation to the Finance Director, and to any individual or agency, that may be hired, to manage the day-to-day operations of the Business Improvement District program, on all matters related to the operation of the program. The interim Members Advisory Board shall submit a proposed work program and budget for 2013 to the city council within 90 days of the city council's confirmation of the mayor's initial appointments and shall recommend a work program and budget for all subsequent years no later than September 0 c t o b e r 1 st of the year before., unless otherwise approved by the City Council. The board shall address and discuss Member Packet Page 75 of 199 concerns and questions regarding the EDBID and program; review all reports submitted to the Finance Department by the Member's Advisory Board or Program Administrator, if hired; and sponsor the initial annual Members meeting. Packet Page 76 of 199 ORDINANCE NO. 3909 AN ORDINANCE ESTABLISHING AN EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT; LEVYING ASSESSMENTS UPON BUSINESS OWNERS; PROVIDING FOR THE DEPOSIT OF REVENUES IN A SPECIAL ACCOUNT AND EXPENDITURES THEREFROM; PROVIDING FOR COLLECTION OF AND PENALTIES FOR DELINQUENCIES; PROVIDING FOR THE ESTABLISHMENT OF A MEMBERS ADVISORY BOARD; AND PROVIDING FOR AN IMPLEMENTATION AGREEMENT WITH A PROGRAM ADMINISTRATOR. WHEREAS, the owners and operators of businesses located within the area and representing approximately sixty percent (60%) or more of the assessments levied by this ordinance signed a petition in support of establishing an Edmonds Downtown Business Improvement District; and WHEREAS, pursuant to RCW 35.87A.030, the City Council on November 27, 2012 adopted Resolution 1284 entitled "A Resolution of the City Council of the City of Edmonds, Washington, initiating a proposal for a Business Improvement District within a portion of the City of Edmonds"; WHEREAS, pursuant to RCW 35.87A.040, the City Council on December 18, 2012 adopted Resolution 1285 entitled, "A Resolution of the City Council of the City of Edmonds, Washington, Declaring the City's Intent to Establish a Business Improvement District Within a Portion of the City of Edmonds and Setting a Public Hearing Date Regarding the Same"; and WHEREAS, the Edmonds Downtown Business Improvement District established herein is for the purpose of enhancing conditions for the owners and operators of businesses;; and {ERZ699840.DOC;2/00006.080052/1 I Packet Page 77 of 199 WHEREAS, as provided by Resolution 1285, the City Council, held a public hearing on the Edmonds Downtown Business Improvement District on January 15, 2013 in the City Council Chambers, City Hall, 250 Fifth Avenue North, Edmonds, Washington; and WHEREAS, the testimony received at that hearing resulted in the Council determining that establishing an Edmonds Downtown Business Improvement District is in the best interest of the owners and operators of businesses within its boundaries and the public generally; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new chapter 3.75 of the Edmonds City Code entitled "Business Improvement District," is hereby adopted to read as follows: Chapter 3.75 BUSINESS IMPROVEMENT DISTRICT Sections: 3.75.010 Area Established. 3.75.020 Levy of Assessments. 3.75.030 Programs. 3.75.040 Assessment Methodology. 3.75.050 Rate Changes. 3.75.060 Deposit of Revenues. _ 3.75.070 Collection Schedule. 3.75.080 Delinquent Payments. 3.75.090 Notices. 3.75.100 Disputes. 3.75.110 Expenditures. 3.75.120 Members Advisory Board. 3.75.130 Business Improvement District Fund Oversight. 3.75.140 Contract for Program Management. ECC 3.75.010. Area Established. As authorized by Chapter 35.87A RCW, there is hereby established an Edmonds Downtown Business Improvement District ("EDBID") within the following boundaries as shown on the map attached as "Exhibit A"(when a street or alley is named, {ERZ699840.DOC;2/00006.080052/} 2 Packet Page 78 of 199 the area boundary is the centerline of the right-of-way_ including vacated portions unless otherwise specified in the description). The EDBID includes the parcels with the tax ID numbers set forth in Attachment B hereto, which is incorporated herein as set forth in full (for additional detail, please see the attached map). In case of a conflict between the list of parcels Exhibit B and the ma (Exhibit A), the map shall control. ECC 3.75.020. Levy of Assessments. To finance the programs authorized in Section 030, the owners and operators of businesses (collectively, "Members") in the EDBID described in Section I shall pay and be subject to a special assessment in the amount listed in Table 1 below. The Assessment shall be measured by the type and square footage of the business, subject to calculations and limitations in Section 040. Residential properties and the residential component of mixed -use properties shall not be subject to the special assessments. Commercial properties. or the portions thereof, that are vacant (do not contain a business) shall not be assessed. ECC 3.75.030. Programs. Assessment revenues may be used for any combination of the following component programs, but not for any other purpose: A. Marketing & Hospitality a. Maps/Brochures/Kiosks/Directories b. Web Site c. Social Media d. Marketing/Advertising Campaigns e. Holiday Decorations f. Street Performers/Artists g. Historic Education/Heritage Advocacy h. Special Public Events { ERZ699840.DOC;2/00006.080052/} Packet Page 79 of 199 B. Safety & Cleanliness a. Maintenance b. Securijy c. Pedestrian Environment Enhancements C. Appearance & Environment a. Design Enhancements b. Neighborhood Advocacy & Communication c. Streetscapes/Lightin • urniture D. Transportation a. Transportation Alternatives b. Directional Signage c. Parking Management & Miti ag tion E. Business Recruitment & Retention a. Education/Seminars b. Market Research c. Business Recruitment F. Organization a. Contract Staff & Professional Services b. Administration Costs. ECC 3.75.040. Assessment Methodoloay. The special assessment amount shall be based on the type of business multiplied by the square footage of a business. There shall be two business classifications for the purposes of calculating the assessment: "open door" businesses (e.p., restaurants, retailers, banks, etc.), and "by appointment" businesses (e.g., hair {ERZ699840.DOC;2/00006.080052/} 4 Packet Page 80 of 199 salons, doctors, lawyers, nail salons, insurance providers counselors, financial advisors, etc.). Open door establishments are assessed at a higher rate than by appointment businesses due to the relatively higher benefit that open door businesses are expected to receive from the programs, Table I shows the annual assessment for both classifications of businesses based on theirs ware footage within the EDBID. Table 1 Square footage Assessment for "Open Door" Assessment for "By Appointment" 0-499 $90 quarter ($30 per month) $30 quarter ($10 per month) 500-999 $105 quarter ($35 per month) $45 quarter ($15 per month) 1000-1999 $120 quarter ($40 per month) $60 quarter ($20 per month) 2000-4999 $135 quarter ($45 per month) $75 quarter ($25 per month) 5000 and over $150 quarter ($50 per month) $90 quarter ($30 per month) The initial assessment calculation shall be based on the City of Edmonds' business license records for year 2012. Governmental entities, public utilities, nonprofits operating under Internal Revenue Code section 501 c 3 shall not be assessed. ECC 3.75.050. Rate Changes. Changes in the assessment rate shall only be made by ordinance and as authorized by state law. ECC 3.75.060. Deposit of Revenues. The City of Edmonds will create a Business Improvement District Fund within the City of Edmonds budget; a separate subaccount designated as the Edmonds Downtown Business Improvement District Account (called "the Account"). The following monies shall be deposited in the Account: (a) All revenues from assessments levied under this ordinance; (b) Gifts, grants and donations; (c) Interest and all other income from the investment of Account deposits; 1 ERZ699840. DOC;2/00006.080052/1 Packet Page 81 of 199 (d) Reimbursements due to the Account; (e) Interest and/or penalties from delinquent accounts; and (f) Transfers from other city funds, PROVIDED THAT liabilities of the EDBID shall not be an obligation of the general fund or any other special fund of the city ECC 3.75.070. Collection Schedule. Assessments shall be paid and collected on a quarterly basis, PROVIDED THAT Members may opt to pay the full yearly assessment at the time of the billing for the first quarter. ECC 3.75.080. Delinquent Payments. If the assessment is not paid within sixty (60) days after its due date, a delinquency charge shall be added at the rate of twelve percent 12%per annum. The Finance Director is authorized to use a City of Edmonds approved collection agency to collect any unpaid assessments. Use of a collection agency will result in a business pgyigg the a enc 's fee on top of the amount of the BID assessment plus interest and penalties. ECC 3.75.090. Notices. Notices of assessment, installment payments, or delinquency. and all other notices contemplated by this ordinance shall be sent to the EDBID Member by ordinary mail to the mailing address shown on the Business License as maintained by the CiV Clerk. Failure of the Member to receive gny mailed notice shall not release the Member from the duty to pay the assessment and any interest and delinquency charges on the due date. ECC 3.75.100. Disputes. Any Member seeking to challenge the amount of an assessment or delinquency charge may submit additional information concerning the classification and/or square footage of the business to the Finance Director or designee, who may { ERZ699840. DOC;2/00006.080052/ } Packet Page 82 of 199 adiust the assessment based on Table 1 if he determines that the original classification and/or square footage was erroneous. The Finance Director shall provide a written detennination to the Member, which may be appealed to the City's Hearing Examiner within ten days of the Finance Director's determination bypaying an appeal fee in the amount of $250.00 and filing a notice of appeal with the city clerk that sets forth the alleged error in the Finance Director's determination. The Member has the burden of proof before the Hearing Examiner to show that the assessment or delinquency fee is incorrect. ECC 3.75.110. Expenditures. Expenditures from the Account shall be made Uon vouchers drawn by the Finance Director and shall be used exclusively for the purposes defined in Section 030. ECC 3.75.120. Members Advisory Board. The Mayor shall appoint, subject to confirmation by the City Council, an interim Members Advisory Board comprised of Members from the EDBID within sixty dais of the effective date of this ordinance. The Mayor shall appoint at least seven and no more than eleven interim board members. The interim Board shall be composed of both open door and by appointment EDBID Members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In addition., the Finance Director and the Community Services / Economic Development Director shall be non-votiniz, ex officio members of the interim board. The interim Members Advisory Board shall be responsible for proposing. bylaws and policy guidelines to the City Council that will address, among other matters, the coMposition and method ofa ointin or electing future board members. The initial Member Advisory Board shall submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments. The interim Members Advisory Board shall { ERZ699840.DOC;2/00006.080052/} Packet Page 83 of 199 also provide advice and consultation to the Finance Director, and to any individual or agency, that mqy be hired to manse the day-to-day operations of the Business Improvement District program, on all matters related to the operation of the program. The interim Members Advisory Board shall recommend a work program and budget for 2013 no later than 90 days after the effective date of this ordinance and shall recommend a work program and budget for all subsequent years no later than September 1 St of the ear before. The board shall address and discuss Member concerns and questions reizardin the EDBID and program; review all reports submitted to the Finance Department by the Member's Advisory Board or Program Administrator, if hired,• and sponsor the initial annual Members meeting. ECC 3.75.130. Business Improvement District Fund Oversight. The Finance Director shall administer the BID Fund for the City with authority to: (a) Consider adjusting the assessment amount based on an erroneous classification or square footage; (b) Collect the assessments; refund assessments when overpaid or otherwise improperly collected; extend the deadline for payment; and waive delinquencycharges and interest whenever the delinquency results from extenuating circumstances beyond the Member's control, such as a casualty loss causing premature closure of the business, bankruptcy, or the total principal payment due to the City (exclusive of penally and interest is Ten Doltars $10.U0 or less; (c) Calculate and collect the interest for late payments; and (d) Accept and deposit advance payment of assessments by Members,_ accept donations from governmental a mendpublic, and owners and operators of businesses. { ERZ699840. DOC ;2/00006.080052/ } Packet Page 84 of 199 ECC 3.75.140. Contract. for Program Management. The Community_ Services! Economic Development Director andlor Finance Director shall serve as the Program Administrator until permanent provisions are made pursuant to adopted bylaws. Section 2. Commencement of Assessments. Assessments shall commence at the beginning of the month following effective date of this ordinance. Section 3. Effective Date. This ordinance shall take effect five (5) days after passage and publication of an approved summary consisting of the title. ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TA DAY FILED WITH THE CITY CLERK: 01-11-2013 PASSED BY THE CITY COUNCIL: 01-15-2013 PUBLISHED: 01-20-2013 EFFECTIVE DATE: 01-25-2013 ORDINANCE NO. 3909 {ERZ699840.DOC;2/00006.080052/} 9 Packet Page 85 of 199 SUMMARY OF ORDINANCE NO.3909 of the City of Edmonds, Washington On the 151h day of January, 2013, the City Council of the City of Edmonds, passed Ordinance No. 3909. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE ESTABLISHING AN EDMONDS DOWNTOWN BUSINESS IMPROVEMENT AREA; LEVYING ASSESSMENTS UPON BUSINESS OWNERS; PROVIDING FOR THE DEPOSIT OF REVENUES IN A SPECIAL ACCOUNT AND EXPENDITURES THEREFROM; PROVIDING FOR COLLECTION OF AND PENALTIES FOR DELINQUENCIES; PROVIDING FOR THE ESTABLISHMENT OF A MEMBERS ADVISORY BOARD; AND PROVIDING FOR A BUSINESS IMPROVEMENT DISTRICT PROGRAM ADMINISTRATOR. The full text of this Ordinance will be mailed upon request. DATED this 161h day of January, 2013 z. " p hc<-ate CITY CLERK, SANDRA S. CHASE {ERZ699840. DOC;2/00006.080052/} Packet Page 86 of 199 Attachment A {ERZ699840.DOC;2/00006.080052/1 11 Packet Page 87 of 199 �y .S !1 D Boul 1 Iz - i Ul L �n Cr 4 CL J 0 IN 2m 3a r.� ncr {ERZ699840.DOC;2/00006.080052/} 12 Packet Page 88 of 199 aQ R rf� A f A A 209 N wn t3�A►7+1 , 146 � U; W G lse Ala LAM } Downtown Business Improvement District QtY of Edmonds - In Sth Ave N k tFage8 WM"ds,WA +l6k101, ee90h finch = M feet x A Attachment B Parcel IDs Associated with Edmonds Downtown Business Improvement District 00434400100601 00830800020500 27032300407700 27032300406500 00434202101600 00871500010000 00434209703702 27032300405800 00434202101800 00871500010100 00434209703700 00434212003900 00434202101900 00787600010000 00952100010100 00434212003700 00434202102100 00787600020100 00952100000201 00434212003800 00434202102300 00787600020200 00952100000301 27032300404400 00434202102600 00787600020300 00952100000001 27032300405400 00434202102800 00863300010100 00952100000002 27032300405600 00434202102900 00863300020100 00952100000003 27032300405500 00434202103000 00863300020200 00952100000004 00434401500601 00434202103100 00863300020300 00952100000005 00434401500602 00434212000302 00434401200300 00952100000006 00454800102000 00434212000500 00858900120100 00952100000007 27032300408500 00434212000600 00858900120200 00952100000008 00678200010100 00434212000700 00858900120400 00952100000009 00678200010200 00434212000900 00858900120300 00952100000010 00678200010300 00434212001100 00434400700402 00952100000011 00678200010400 00434212001200 00434400700500 00952100000012 00678200010500 00434212001500 00434400700700 00952100000013 00678200010600 00434212001700 00434400700800 00952100000014 00678200010700 00434212002100 00434400700300 00952100000015 00678200010800 00434212002400 00434400700401 00952100000016 00678200020100 00434212002600 00434400600100 00952100000017 00678200020200 00434212002800 00434400600300 00952100000018 00678200020300 00434212003300 00434400600400 00952100000019 00678200020400 00434212100100 00434400600500 00952100000020 00678200020500 00434212103700 00434400600701 00952100000021 00678200020600 00434212200100 00434400600702 00952100000022 00678200020700 00434212300100 00434400601202 00952100000023 00678200020800 00434209700100 00434400601201 00952100000024 00678200030100 00434209700300 00434400600600 00952100000025 00678200030200 00434209700900 00434400101002 00952100000026 00678200030300 00434209703100 00434400101100 00952100000027 00678200030400 00434209703400 00434400101202 00952100000028 00678200030500 00682200000100 00434400101201 00952100000029 00678200030600 00682200000200 00864100010000 00952100000030 00678200030700 00682200000300 00864100020000 00952100000031 00678200030800 00682200000400 00864100020100 00952100000202 00678200040100 00682200000500 00864100020200 00952100000203 00678200040200 00682200000600 00864100020300 00952100000204 00678200040300 00682200000700 00864100020400 00952100000205 00678200040400 {ERZ699840.DOC;2/00006.080052/} 14 Packet Page 90 of 199 00682200000800 00864100020500 00952100000302 00678200040500 00682200000900 00864100030000 00952100000303 00678200040600 00682200001000 00864100030100 00952100000304 00678200040700 00682200001100 00864100030200 00952100000305 00678200040800 00682200001200 00864100030300 00956300010100 00454800300700 00434209803700 00864100030400 00956300010200 01070900000100 00434209803900 00454800101200 00956300020100 01070900000200 00434209804000 00454800100901 00956300020200 01070900010500 00434212100700 00434401500700 00956300020300 01070900010600 00434212203701 00887300010100 00956300020400 01070900020100 27032300409000 00887300010200 00956300020500 01070900020200 27032300408200 00887300020100 00956300030100 01070900020300 27032300405100 00887300020200 00956300030200 01070900020400 27032300405200 00887300030100 00956300030300 01070900020500 27032300405300 00887300030200 00956300030400 01070900020600 27032300404600 00887300030300 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00434401600300 00454800200901 01016400000900 01070900031000 00434401601100 00434400100101 01016400001000 01070900031100 00434401600502 00434400100102 01016400001100 01070900031200 00434401600501 00434400100300 01016400001200 01070900031300 00434401600503 00434400101001 01016400001300 27032300404200 00454800100100 00434400100800 01016400001400 00434212003000 00454800100300 00434400100700 01016400001500 00434212003100 00454800100902 27032300408900 01016400001600 00434401300200 00454800101100 00924700000100 01016400001700 00434401300101 00454800101300 00924700000200 01016400001800 00434401300102 00454800101700 00924700000300 01016400001900 27032600102500 {ERZ699840.DOC;2/00006.080052/} 15 Packet Page 91 of 199 00454800200400 00924700000400 01016400002000 27032600100100 00454800201000 00924700000500 27032300403800 27032300413500 00454800201100 00924700000600 27032300403900 27032300413400 00454800201700 00924700000700 27032300407100 27032600100800 00454800201900 00924700000800 27032300407000 27032600100900 00830800020100 00924700000900 27032300406900 27032600102900 00830800020200 00924700001000 00434212000101 00830800020300 00924700001100 00434212000102 00830800020400 00924700001200 00434212000301 {ERZ699840.DOC;2/00006.080052/1 16 Packet Page 92 of 199 ORDINANCE NO. 3914 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, SECTION 3.75.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds Downtown Business Improvement District (BID) was established by Ordinance No. 3909 resulting in the establishment of Edmonds City Code Section 3.75; and WHEREAS, Section 3.75.120 of the Edmonds City Code requires the BID Members Advisory Board to propose bylaws and policy guidelines to the City Council that will address, among other matters, the composition and method of appointing or electing future board members, and that the initial/interim BID Member Advisory Board submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments; and WHEREAS, Section 3.75.120 of the Edmonds City Code requires the BID Members Advisory Board recommend a work program and budget for 2013 no later than 90 days after the effective date of Ordinance 3909, and WHEREAS, the City Council now deems it appropriate to bring consistency between the timelines established for preparing bylaws/policy guidelines, and a work program/budget, for year 2013, i.e., submitting both bylaws/policy guidelines and a work program/budget for year 2013 to the city council within 90 days of the city council's confirmation of the mayor's initial Members Advisory Board appointments; and 1 Packet Page 93 of 199 WHEREAS, on February 26, 2012, the City Council directed that an ordinance be prepared to make further revisions to chapter 3.75.120 ECC, NOW, THEREFDORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Chapter 3.75.120 of the Edmonds City Code is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text shown in underline; deleted text shown in strike through): 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 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. AZaAk d: MAYOR DAVID O. EARLING ATTEST/AUTHENTICATED : CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: (?�� Jeffrey B. Taraday, City Attorney FILED WITH THE CITY CLERK: 03-08-2013 PASSED BY THE CITY COUNCIL: 03-12-2013 PUBLISHED: 03-17-2013 EFFECTIVE DATE: 03-22-2013 ORDINANCE NO. 3914 2 Packet Page 94 of 199 SUMMARY OF ORDINANCE NO. 3914 Of the City of Edmonds, Washington On the 12th day of March, 2013, the City Council of the City of Edmonds passed Ordinance No. 3914. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON AMENDING EDMONDS CITY CODE, SECTION 3.75.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 131h day of March, 2013. 4852-3031-9887, v 1 CITY CLERK, SANDRA S. CHASE 3 Packet Page 95 of 199 Attachment A ECC 3.75.120. Members Advisory Board. The Mayor shall appoint, subject to confirmation by the City Council, an interim Members Advisory Board comprised of Members from the EDBID within sixty days of the effective date of this ordinance. The Mayor shall appoint at least seven and no more than eleven interim board members. The interim Board shall be composed of both open door and by appointment EDBID Members, respectively, in rough proportion to the dollar value of assessments to be levied on each classification of businesses. In addition, the Finance Director and the Community Services I Economic Development Director shall be non -voting, ex officio members of the interim board. The interim Members Advisory Board shall be responsible for proposing bylaws and policy guidelines to the City Council that will address, among other matters, the composition and method of appointing or electing future board members. The initial Member Advisory Board shall submit their proposed bylaws to the city council within 90 days of the city council's confirmation of the mayor's initial appointments. The interim Members Advisory Board shall also provide advice and consultation to the Finance Director, and to any individual or agency, that may be hired, to manage the day-to-day operations of the Business Improvement District program, on all matters related to the operation of the program. The interim Members Advisory Board shall reeemniend submit a proposed work program and budget for 2013 to the city council fielater- than -within 90 days of the city council's confirmation of the mayor's initial appointments after the err a fiya date of this ordi an and shall recommend a work program and budget for all subsequent years no later than September 1st of the year before. The board shall address and discuss Member Packet Page 96 of 199 concerns and questions regarding the EDBID and program; review all reports submitted to the Finance Department by the Member's Advisory Board or Program Administrator, if hired; and sponsor the initial annual Members meeting. Packet Page 97 of 199 STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 391d of the City a1 Edmonds, Washington On the 12th day of March, 2013, the Cary Council of. the Qty of 3mvnds pssaad Qrdmtutce'No. 3914. A Summary of the content said ordirtertce eargtstiV fha t11IeON ro NM as tAol�11Mil @T014, U OADIh}AIYCt� OF THE IT OF Nos, W_ _ _ _ _ _ IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THI SAME SHALL BECOME I FFECTIVE. The full text of thta Ardd1A8nCa wlll.hd maned upnn request - DATED th19 131h d9y of March.89i3 CCiTY CLERIC. SAIVDRA S. CHASE Published: March 17, 2013. Account Name: City of Edmonds 4 Affidavit of Publication S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Summary of Ordinance No. 3914 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: March 17, 2013 and that said �aer was regularly distributed to its subscribers during all of said period. r Vnficipal Uerk Subscribed and sworn to before me this 18th day o March, 2013 �L Notary Public in and for the State of Washington, County. Account Number: 101416 iditig at Everett Snoho:nii�h I Order Number: 0001813913 Packet Page 98 of 199 ORDINANCE NO.3929 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, SECTIONS 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds Downtown Business Improvement District (BID) was established by Ordinance No. 3909 resulting in the establishment of Edmonds City Code Section 3.75; and WHEREAS, Edmonds City Code Sections 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 relate to the deposit and collection of revenue, delinquent payments and notification of such; and, WHEREAS, the City's Interim Finance Director has requested a change in terminology used to more accurately reflect what is to take place related to unpaid assessments, delinquent charges and payments and the City Council now deems it appropriate to modify the terminology; and WHEREAS, on June 25, 2 0 13, the City Council directed that an ordinance be prepared to make further revisions to sections 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 ECC, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Sections 3.75.060, 3.75.070, 3.75.080, 3.75.090 and 3.75.100 of the Edmonds City Code is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text shown in underline; deleted text shown in strike through): -1- Packet Page 99 of 199 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 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY: Jeffrey B. Taraday, City Attorney FILED WITH THE CITY CLERK: 06-21-2013 PASSED BY THE CITY COUNCIL: 06-25-2013 PUBLISHED: 06-30-2013 EFFECTIVE DATE: 07-05-2013 ORDINANCE NO. 3929 Appr ed-. r M YOR DAVID O. EARLING -2- Packet Page 100 of 199 SUMMARY OF ORDINANCE NO. 3 9 2 9 of the City of Edmonds, Washington On the 251h day of June, 2013, the City Council of the City of Edmonds passed Ordinance No. 3929 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE, SECTIONS 3.75.060, 3.75.070, 3.75.080, 3.75.090 AND 3.75.100 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 261h day of June, 2013. CITY CLERK SANDRA S. CHASE 4852-3031-9887, v I Packet Page 101 of 199 Attachment A ECC 3.75.060. Deposit of Revenues. The City of Edmonds will create a Business Improvement District Fund within the City of Edmonds budget; a separate subaccount designated as the Edmonds Downtown Business Improvement District Account (called "the Account"). The following monies shall be deposited in the Account: (a) All revenues from assessments levied under this ordinance; (b) Gifts, grants and donations; (c) Interest and all other income from the investment of Account deposits; (d) Reimbursements due to the Account; (e) Interest ar."r penalties "mDe[inquency charges from delinquent accounts; and (f) Transfers from other city funds, PROVIDED THAT liabilities of the EDBID shall not be an obligation of the general fund or any other special fund of the city. ECC 3.75.070. Collection Schedule. Assessments shall be paid and collected on a quarterly basis, PROVIDED THAT Members may opt to pay the full yearly assessment at the time of the billing for the first quarter. ECC 3.75.080. Delinquent Payments. If the assessment is not paid within sixty (60) days after its due date, a delinquency charge shall be added atand calculated at ant -he interest rate of twelve percent (12%) per annum of the due amount. The Finance Director is authorized to use a City of Edmonds approved collection agency to collect any unpaid assessments. Use of a collection agency will result in a business paying the agency's fee on top of the amount of the BID assessment plus delinquent charges' enal€ie . ECC 3.75.090. Notices. Notices of assessment, installment payments, or delinquency, and all other notices contemplated by this ordinance shall be sent to the EDBID Packet Page 102 of 199 Member by ordinary mail to the mailing address shown on the Business License as maintained by the City Clerk. Failure of the Member to receive any mailed notice shall not release the Member from the duty to pay the assessment and any interest and delinquency charges on the due date. ECC 3.75.100. Disputes. Any Member seeking to challenge the amount of an assessment or delinquency charge may submit additional information concerning the classification and/or square footage of the business to the Finance Director or designee, who may adjust the assessment based on Table 1 if he determines that the original classification and/or square footage was erroneous. The Finance Director shall provide a written determination to the Member, which may be appealed to the City's Hearing Examiner within ten days of the Finance Director's determination by paying an appeal fee in the amount of $250.00 and filing a notice of appeal with the city clerk that sets forth the alleged error in the Finance Director's determination. The Member has the burden of proof before the Hearing Examiner to show that the assessment or delinquency chargefee is incorrect. Packet Page 103 of 199 STATE OF WASHINGTON, COUNTY OF SNOHOMISH s AAlay Cny o �pirvANCF wa. as2sh at the a4lwdmonda, �vashirtgta on the 25th day. of Juno, 2013. the City Coilrull of Iha CiN al Eomonde passed D ajice No. 3929. A summary of V1a tan anS of said orgtnsno©. Cenoislinp of fhe title, pmykfas as I OW& 1 AN ORDINANCE of THE CITY of EDMONDS. WASHMTON. AMENDING SUMCNDS CrFV COD1r, SECTipNS 3.76.060. 3.7S.070, 3.76.Of10. 3.75,090 AND 375-100 RELATING TO THE EDMONDS DOWPITOWN BUSINESS IMPROVEMENT DISTRICT MIA F170NG A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Thu lull iaxi of this Ordinanca will be maiyd upon request DATED this 281n day of June, 2013. CITY CLERK SANDRA S. CHASE Published: June 30, 2013. Account Name: City of Edmonds Affidavit of Publication S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice Summ4ry of Ordinance No. 3929 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form_ in the regular and entire edition of said paper on the following days and times, namely: June 30, 2013 and thvas regularly distributed to i subscribers during all of said period. at S spaper nnr. WtFC rL• Subscribed and sworn to before me this day of July, 2013 C. z e2lz� Notary P.oblic in and for the State of W County Account Number: 101416 1st PL FrE��y �t.r �N1S1 e res ding v rett SDc1h misltl Order Number: 0001825483� Packet Page 104 of 199 AM-6063 City Council Meeting Meeting Date: 08/27/2013 Time: 10 Minutes Submitted By: Linda Hynd Department: City Clerk's Office Review Committee: Type: Information Committee Action: Information Subject Title Community Service Announcement - Yellow Dog Project Recommendation Previous Council Action Narrative Inbox Mayor Finalize for Agenda Fonn Started By: Linda Hynd Final Approval Date: 08/23/2013 Form Review Reviewed By Date Dave Earling 08/23/2013 10:50 AM Linda Hynd 08/23/2013 11:04 AM Started On: 08/23/2013 09:34 AM 7. Packet Page 105 of 199 AM-6048 City Council Meeting Meeting Date: 08/27/2013 Time: 5 Minutes Submitted For: Dave Earling Department: Mayor's Office Review Committee: Type: Information Tnfnrmntinn Submitted By: Committee Action: Subject Title Proclamation designating September 8, 2013 Harbor Seal Day in Edmonds. Recommendation Previous Council Action Carolyn LaFave Narrative In an effort to educate the public and make them aware of the marine mammals that grace the shores of Puget Sound here in Edmonds, Mayor Earling is designating September 8, 2013 as Harbor Seal Day in Edmonds. The Edmonds Seal Sitters organization will have an information booth and seal sitter beach display set-up at Olympic Beach. The Edmonds Seal Sitters was founded by Susan Morrow as a way to respond to the many baby harbor seals that haul -out along the Edmonds' shoreline during the birthing season. The group is sanctioned by NOAA and they are part of the Pacific Northwest Marine Mammal Stranding Network. Harbor Seal Day Inbox City Clerk Mayor Finalize for Agenda Form Started By: Carolyn LaFave Final Approval Date: 08/22/2013 Reviewed By Linda Hynd Dave Earling Linda Hynd Attachments Form Review Date 08/22/2013 11:46 AM 08/22/2013 02:47 PM 08/22/2013 02:55 PM Started On: 08/20/2013 10:18 AM Packet Page 106 of 199 IJpor rlolrfamn ..ftloln City of Edmonds • Office of the Mayor Harbor Seal Day September 8, 2013 WHEREAS, the City of Edmonds is located on the Puget Sound (also known as the Salish Sea) and its waterfront is treasured for its rich diversity of sea life and marine mammals; and WHEREAS, every year in our region generally from July through October mother Harbor Seals (Phoca vitulina) give birth to their "pups"; and WHEREAS, while young and vulnerable Harbor Seal pups haul -out on the Edmonds shoreline to rest and warm up and need protection while they wait for their mothers to return to collect them; and WHEREAS, trained volunteers from the Edmonds Seal Sitters group, part of NOAA's Pacific Northwest Marine Mammal Stranding Network, tend to the Harbor Seal pups, and keep people at a safe distance, allowing seal pups to rest without added stress; and WHEREAS, on September 8, 2013, the Edmonds Seal Sitters will have an information booth and seal sitter beach display on Olympic Beach to raise awareness of the need to "share the shore" with sea life and protect marine mammals on the Edmonds waterfront so that generations to come may enjoy Edmonds' extraordinary marine wildlife heritage; NOW, THEREFORE, I, David Earling, Mayor, do hereby proclaim September 8, 2013 Harbor Seal Day in Edmonds and encourage all citizens to "share the shore" and visit the Edmonds Seal Sitters' information booth to learn more about how they can protect our marine wildlife. David O. Earling, Mayor August 27, 2013 Packet Page 107 of 199 AM-6047 City Council Meeting Meeting Date: 08/27/2013 Time: 5 Minutes Submitted By: Rob Chave J Department: Planning Committee: Parks, Planning, Public Works Type: Action Information Subiect Title Authorization for Mayor to sign Interlocal Cooperation Agreement for Inter jurisdictional Coordination relating to affordable housing within Snohomish County. Recommendation (1) Authorize the Mayor to sign the interlocal agreement and (2) authorize the related expenditure of $2,385 from the Council Contingency Fund. Previous Council Action On July 5, 2011, the City Council voted to enter into a Memorandum of Understanding with other Snohomish County jurisdictions to explore an interjurisdictional partnership to support housing policies and address affordable housing needs in the county. The Council's Parks, Planning & Public Works Committee reviewed the agreement on August 13, 2013, and voted to forward the proposal to the full Council for approval and funding. Narrative In June, 2009, Snohomish County Tomorrow (SCT) approved a feasibility study designed to explore options for creating a new program that would allow multiple jurisdictions to work together to expand affordable housing opportunities in the county. Following that effort, a multi jurisdictional work group began working to develop a mechanism to implement the study's recommendations, with the intent of establishing an interjurisdictional partnership designed to address the requirements of the Growth Management Act (GMA) to provide for existing and future housing needs for all economic segments of the community. The recognition was that no single jurisdiction can address housing challenges, since housing needs and issues are not unique or necessarily isolatable to specific jurisdictions; a multi jurisdictional approach will have more chance of success. In July, 2011, the Edmonds City Council approved a Memorandum of Understanding (see Exhibit _) expressing support for the process. A working group of Snohomish County jurisdictions has completed its work and has developed an "Interlocal Cooperation Agreement For Inter -Jurisdictional Coordination Relating To Affordable Housing Within Snohomish County" (contained in Exhibit 1). The agreement supports countywide work on affordable housing, with the administrative support of the Housing Authority of Snohomish County (HASCO). Jurisdictions are contributing to the effort, which was funded in part by a grant from the Gates Foundation ($50,000). To participate, Edmonds' financial contribution would be $2,385 for the 2013-2014 fiscal year, as detailed in the budget (Attachment B, on the next -to -last page of the ILA). The last page of the ILA outlines the work program for the first year. Packet Page 108 of 199 One of the key principles behind the proposed interlocal agreement is that housing is an issue that can best be addressed on an interjurisdictional basis. Some of the potential benefits to the city are that the countywide work will provide additional information to the city for housing needs and planning, developing countywide strategies and tools to address housing needs, and providing for a way to pursue and leverage funding that go beyond the capabilities of any single jurisdiction. Council approval is required for the interlocal agreement, as well as authorization for the expenditure ($2,385). Fiscal Impact Fiscal Year: 2013 Revenue: Fiscal Impact: $2,385 Attachments Exhibit 1: Proposed Interlocal Agreement Exhibit 2: City Council Minutes from 2011 Exhibit 3: Memorandum of Understanding (2011) Inbox Reviewed By City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Rob Chave Final Approval Date: 08/22/2013 Form Review Expenditure: 2,385 Date 08/22/2013 11:46 AM 08/22/2013 02:44 PM 08/22/2013 02:55 PM Started On: 08/20/2013 08:13 AM Packet Page 109 of 199 INTERLOCAL COOPERATION AGREEMENT FOR INTER -JURISDICTIONAL COORDINATION RELATING TO AFFORDABLE HOUSING WITHIN SNOHOMISH COUNTY This Interlocal Agreement ("Agreement") is made and entered into by and among the cities of Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill Creek, Mountlake Terrace, Mukilteo, and Snohomish, and the town of Woodway, all of which are municipal corporations organized under the laws of the State of Washington; the Housing Authority of Snohomish County, a public housing authority organized under Ch. 35.82 RCW; and Snohomish County, a political subdivision of the State of Washington (herein each referred to individually as a "Party" and collectively as the "Parties"). This Agreement is made pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, and has been authorized by the governing body of each Party. The Parties agree as follows: RECITALS WHEREAS, the Parties have a common goal to facilitate the availability of housing within Snohomish county and their respective jurisdictions that meets the needs of all income levels; and WHEREAS, the Parties desire to provide a common foundation for housing policies and programs in Snohomish County and to complement —without duplication of or conflict with —the efforts of existing governmental and non -governmental organizations to address housing needs in Snohomish county; and WHEREAS, the Parties further desire to act cooperatively (1) to educate and provide technical expertise in support of the affordable housing goals and policies of the Parties, as communities in Snohomish county; (2) to foster efforts to provide affordable housing by encouraging funding of housing projects from any combination of public, non-profit, and private -sector resources; (3) to seek opportunities to leverage resources to support implementation of the housing goals and policies of the state Growth Management Act and the Countywide Planning Policies relating to affordable housing; and (4) to accomplish the foregoing purposes efficiently and expeditiously; and WHEREAS, the Parties have determined that one efficient and expeditious method for addressing affordable housing needs in Snohomish county is through the cooperative action by the Parties contemplated by this Agreement; and WHEREAS, this cooperative undertaking is not intended to duplicate or to be in conflict with efforts of public, private, and non-profit corporations and other entities, including the Parties, already providing affordable housing -related services; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. Purpose. The purpose of this Agreement is to create a venue for the Parties to 1 Packet Page 110 of 199 undertake planning, cooperation and education in support of the goal of enhancing the supply of affordable housing in Snohomish county. 2. Term. This Agreement shall be effective when it has been both (a) executed by the Parties and (b) filed in the offices of the Snohomish County Auditor. The term of this Agreement will expire on June 30, 2015, unless: (a) the Agreement is terminated earlier by action of the Parties in accordance with Section 7(a) hereof; or (b) a simple majority of the Joint Board membership vote to extend the Agreement prior to March 31, 2015. The Parties may continue to vote in this manner to extend the Agreement in two (2) year increments prior to March 31st of of the final year of each term. 3. Governance. To accomplish the purpose of this Agreement, a Board of representatives from the Parties is hereby created (the "Joint Board"). The Joint Board shall have policy -making and oversight authority over the activities undertaken in this Agreement. The cooperative undertaking of the signatories to this Agreement shall be known as the Alliance for Housing Affordability ("Joint Board" or "AHA"). (a) Representatives. The Joint Board shall consist of authorized representatives of the Parties. Each Party shall appoint one individual to act as its Representative. No later than 30 days following the effective date of this Agreement and thereafter no later than January 31 of each calendar year, each Party shall provide notice in writing to the other Parties of the identity and contact information for its Representative. (b) Alternates. Each Party may designate one individual to serve in the place of its Representative on the Board during the Representative's absence or inability to serve. If an Alternate is designated by a Party, the Party shall notify the Joint Board in the manner described in subparagraph (2)(a) above. (c) Meetings. A quorum of the Board shall consist of a simple majority of the Representatives (or Alternates serving in their stead) being present at the meeting. (i) All meetings of the Board shall be open to the public and held in accordance with the Open Public Meetings Act, Chapter 42.30 RCW (the "OPMA"). (ii) Subject to the provisions of this Agreement and the OPMA, the Joint Board shall establish procedures for operations, meetings, and the frequency of meetings, provided that the Board shall meet not less often than quarterly. Packet Page 111 of 199 (iii) Meetings of the Board shall be conducted according to Robert's Rules of Order, except when the Board agrees to waive or suspend those Rules. The Board shall provide for written minutes of all meetings of the Board. (d) Voting. Action taken by the Board shall be by majority vote of those Representatives present (including Alternates serving in the absence of the appointed Representatives) except that a change in the Administrative Agency appointed shall require an affirmative vote of at least the majority of the Joint Board membership. (e) Officers of Joint Board. The Representatives shall each year elect from their number a Chair and Vice Chair. The Chair shall set the agenda, preside over all meetings of the Board, and shall, with the assistance of the Administrative Agency, process issues, organize meetings, and provide for administrative support as required by the Joint Board. The Vice Chair shall fulfill the duties of the Chair in the absence, incapacity or resignation of the Chair. 4. Authorized Actions of the Joint Board. The Parties agree that the Joint Board shall have the authority to: (a) Develop housing information to assist local elected officials; (b) Provide technical assistance to Parties for their use in developing and implementing local housing policies, programs and regulations; (c) Educate on housing issues, and resources available to assist in the development and retention of affordable housing; (d) Propose to the Parties methods for attracting additional public, private, and not - for -profit investment into affordable housing, including by coordinating, leveraging or contributing local resources; (e) Identify opportunities for retention of existing sustainable housing; (f) Support, on a planning and technical assistance level, the activities of Parties in aid of the construction of affordable housing; (g) Discuss and bring forward proposals for cooperation among the Parties in promoting affordable housing, which shall be referred to the governing bodies of the Parties for consideration; (h) Monitor legislative and regulatory activities related to affordable housing at the state and federal levels; (i) Research model programs, develop draft legislation, prepare briefing materials, and make presentations to planning commissions and councils upon request by a 3 Packet Page 112 of 199 Party; Q) Develop technical information about standard regulatory agreements acceptable to private and public financial institutions to facilitate the availability of funding for private and public projects containing affordable housing; (k) Recommend an annual budget for approval by the governing body of each Party, which shall detail the authorized expenditures for the coming fiscal year; (1) Establish an annual work -plan, specifying the activities planned for the coming fiscal year, to accompany the recommended annual budget; (m) Submit an annual report to the governing body of each Party, apprising that Party of the tasks undertaken and accomplishments of the Joint Board in the previous fiscal year; (n) Take other appropriate and necessary action to carry out the purposes of this Agreement, provided that any commitment of resources outside the scope of the annual budget or policies not within the annual work plan shall be subject to the ultimate approval of the governing bodies. (5) BUDGET; APPROPRIATIONS; OTHER FISCAL MATTERS. (a) Fiscal Year. The Joint Board shall operate for budgeting and expenditure purposes on the basis of a fiscal year beginning July 1 and ending the following June 30. (b) Initial Year of the Agreement. The Parties have appropriated funds for the first year's budget of the Joint Board. The appropriated funds are shown on Attachment A to this Agreement. Upon execution of this Agreement, the Administering Agency may bill each Party for the committed funds and deposit them in the Operating Fund (see Paragraph 5(d) below). Funds granted for the purposes of this Agreement from the Gates Foundation (also shown on Attachment A) will also be deposited in the Operating Fund. The budget and work plan for the fiscal year July 1, 2013 through June 30, 2014 is shown on Attachment B. (c) Proposed Annual Budget. For the fiscal year July 1, 2014 through June 30, 2015, the Joint Board shall recommend a Joint Board annual operating budget, proposed work plan, and annual report for submission to the governing body of each Party by September 1, 2013. For each fiscal year thereafter, the Joint Board shall recommend a Joint Board annual operating budget, proposed work plan, and annual report for submission to the governing body of each Party by June 1 of the preceding calendar year. (i) The recommended operating budget shall include, but not be limited to, Packet Page 113 of 199 reimbursements to the Administrative Agency for staff support, consultant, vendor and contractor costs and other costs for the work plan, and shall contain itemizations of all categories of budgeted expenses. (ii) Each Party's proposed contribution shall be calculated as a percentage of the entire proposed budget, with that percentage determined on a per capita basis after factoring for available funds from grants and carryover of unspent funds from a previous budget. (d) Authorization by Parties; Revisions. Upon receipt of the Joint Board - proposed budget, each Party shall consider approval and appropriation of its share of the proposed budget for the upcoming Fiscal Year in order to determine the amount of its payment to the Operating Fund. A Party's contribution may consist , in whole or in part, of in -kind services, if approved in the Final Budget. If any Party does not approve and appropriate its share of the Joint Board - proposed budget, it shall notify the Board, through the Party's Representative, of the amount it would be willing to approve and appropriate. The Joint Board shall then reconsider the budget and work plan and make adjustments accordingly. The revised budget will then be resubmitted to the Parties for consideration. The Parties acknowledge and agree that no commitment to pay any Party's share of a Joint Board -budgeted amount shall be effective absent an appropriation of funds by the legislative body of that Party in accordance with state and local law. (e) Adoption of Final Budget. Upon approval of a budget and appropriation of their respective shares by the legislative bodies of all Parties, the Joint Board shall adopt the final budget and begin implementation of the work plan. The budget shall be adopted by the Joint Board no later than the March 31 preceding the commencement of the next -ensuing Fiscal Year. (f) Billings; Payments. The Fiscal Agent shall mail billings based on the approved budget to each Party by no later than the April 30 preceding each Fiscal Year. Payments shall be due from the Parties by no later than June 15 and shall be deposited by the Administrative Agency upon receipt into the Operating Fund. (g) Budget Amendments. No approved Joint Board budget shall be modified unless and until approved by the legislative bodies of the Parties and the Board in accordance with the procedures set forth in subsections (b)-(d) above, except that the Board may make modifications to the budget that carry out the work program so long as the total amount of the budget is not increased. (h) No Other Charges. Except for the annual payments based upon an approved budget as set forth above, no separate dues, charges, or assessments shall be recommended to the Parties except upon affirmative vote of at least a majority of the membership of the Board. 5 Packet Page 114 of 199 6. Administration. The Joint Board shall appoint an Administrative Agency who is willing and capable of providing fiscal, technical and administrative support to the Joint Board. (a) Duties of Administrative Agency. The Administrative Agency shall provide services, including but not limited to: (i) administrative support for Board meeting (including preparing meeting notices, agendas and minutes); (ii) responding to requests for public records; (iii) conducting audits; (iv) procuring and entering into contracts with consultants, vendors or other contractors on behalf of the Parties; (v) developing a proposed annual work plan and budget for Board consideration; (vi) serving as fiscal agent to the Joint Board, provided that the Joint Board may appoint a separate Party to be the "Fiscal Agent" or "Fiscal Agency" in accordance with the procedure set out in subsection (6)(i), and the duties set out in subsection (c), (d), (e), and (g) of this section will apply to the separate Fiscal Agency; (vii) applying for grants; and (viii) providing such other services as the Board directs and are within the authority of this Agreement and the Board -adopted work plan and budget. (b) Administrative Agency Actions in Conformity with Its Internal Policies and Procedures. At all times, the Administrative Agency shall comply with applicable legal authorities. This shall include following the Administrative Agency's own internal processes applicable to comparable actions taken on its own behalf, including its contracting and procurement policies. At each regular meeting of the Board, the Administrative Agency shall report on the status of its activities including contracting, grant applications and any proposed changes to the Board - adopted work plan and budget. (c) Fiscal Agent. The Fiscal Agent, or Administrative Agency acting as the fiscal agent, shall receive and deposit into, and expend funds from, the Operating Fund created by Section 6(d) hereof for Joint Board purposes only. At all times, the Fiscal Agent and Administrative Agency shall comply with applicable legal authorities and its own internal processes regarding its action. At each regular meeting of the Board, the Fiscal Agent and Administrative Agency shall report on the status of its activities including Operating Fund receipts and expenditures. (d) Operating Fund. The Fiscal Agent or Administrative Agency acting as the Fiscal Agent shall establish a fund which shall constitute the "operating fund of the Joint Board" for purposes of RCW 39.34.030(4)(b) and is herein referred to as the Operating Fund. All funds received on behalf of the Joint Board shall be deposited in the Operating Fund and all costs and reimbursements paid on behalf of the Joint Board shall be paid from the Operating Fund. At the Fiscal 0 Packet Page 115 of 199 Agent's sole discretion, the Operating Fund may be established as an administrative fund or sub -fund within an existing fund. The Parties agree that interest will not accrue on the Operating Fund. (e) Accounting. Budgeting procedures and records shall conform to generally accepted accounting principles and to the State Auditor's budget, accounting and reporting ("BARS") manual, and shall be subject to disclosure and audit as provided by applicable law. (f) Services and Reimbursement. The Administrative Agency shall be reimbursed for its costs in providing the services required as Administrative Agency. (i) The Administrative Agency will provide qualified staffing for technical and administrative services to the Joint Board. After considering the advice and recommendations of the Joint Board, the Administrative Agency will designate a level of qualified staffing necessary to carry out the Board's annual work plan consistent with the approved budget in order to provide technical and administrative services as set out by the Joint Board work plan.. Designated staff rendering services hereunder shall be considered employee(s) of the Administrative Agency for all purposes. The Administrative Agency shall be responsible for all aspects of the staff's employment including but not limited to wages, benefits, performance, discipline and termination. The Administrative Agency shall address staffing issues within sixty (60) days of a receipt of a written request from the Joint Board outlining the reasons for said request. Any written request related to staffing shall be delivered to the Administrative Agency personally or by certified or registered mail. (ii) The Administrative Agency shall be reimbursed for the wages of designated staff providing services that are related to and required to carry out the duties of the Administrative Agency as set out in the annual budget and work plan. (iii) Any contract expenditures or other costs incurred by the Administrative Agency at the direction of the Joint Board or required under this Agreement shall also be reimbursed, and such costs shall be reflected in the annual budget and work plan. (g) Liabilities of Fiscal Agent, Administrative Agency; Late Payments; Failures to Pay. The Fiscal Agent or Administrative Agency may not incur costs that exceed the approved budget and shall not be obliged to incur costs or advance its own funds if the Operating Fund balance is not sufficient to cover costs payable from the Operating Fund. In the event that one or more Parties do not remit payment within the timeframes prescribed by this Agreement, the Fiscal Agent or Administrative Agency may, but is not obliged to, make a payment to avoid 7 Packet Page 116 of 199 breach of an obligation with an outside party such as a consultant, vendor or contractor. Each Party shall be responsible and liable to the other Parties for interest and other costs, claims or liabilities of any kind that result from late payment by the Party, and the late -paying Party shall defend, indemnify and hold harmless the other Parties from such costs, claims or liabilities resulting from the late payment. For clarification and without limiting the foregoing, the late -paying Party will be responsible for any late payment charges. In the event that a Party fails to pay its individual share of the Board's adopted final budget, the other Parties may also seek a judgment against said Party. Any costs incurred to seek the judgment and recover costs will be charged in full against the responsible Party. (h) Initial Appointment. The initial Administrative Agency shall be the Housing Authority of Snohomish County. (i) Change in Administrative Agency. The Administrative Agency may be changed by a majority vote of the majority of the membership in the Joint Board. The Administrative Agency may resign from its appointment on ninety (90) days written notice. 7. Termination of Agreement. (a) By Affirmative Vote. This Agreement may be terminated at any time by affirmative vote of a majority of the Joint Board Representatives. (b) Withdrawal. Any Party may withdraw from this Agreement and thereby terminate its participation in the Agreement by providing 90 days' prior written notice to every other Party and to the Joint Board. Upon withdrawal, any contributions previously authorized by the governing body of the Party for that fiscal year shall remain in the Operating Fund, to meet any obligations incurred in reliance upon the approved Budget. In the event any Party fails to approve and appropriate funds to pay for the next fiscal year's budget by March 1 of any year, such Party shall be deemed to have provided notice of withdrawal effective upon June 30 of the then current fiscal year. Additionally, should the Housing Authority of Snohomish County cease to be the Administrative Agency, by vote or resignation, the Housing Authority of Snohomish County will be deemed to have submitted a notice of withdrawal pursuant to the provisions of this subsection. (c) Expiration. This Agreement shall expire automatically if the Joint Board fails to vote to extend prior to the expiration date as set forth in section 2(b) of this Agreement, or if there is less than three remaining Parties. (d) Acts Upon Termination. Upon termination of this Agreement, the Joint Board shall be dissolved and the Board shall establish a plan of dissolution for payment of outstanding bills and obligations, payment of ongoing obligations incurred prior to dissolution and other terms to wind up the affairs of the Joint Packet Page 117 of 199 Board. All assets and liabilities of the Joint Board shall be dispensed with [and property acquired or set aside during the life of the Agreement shall be disposed of in the following manner: (i) all assets contributed without charge by any Party shall revert to the contributing Party; (ii) all assets acquired by the administering agency for the purpose of carrying out the work of the Joint Board and purchased by the Parties contributions during the term of the Agreement shall be distributed to the Parties based on each Party's pro rata contribution to the overall budget during the fiscal year the asset was acquired; (iii) any liability remaining after the application of unencumbered funds shall be dispensed consistent with the approved budget as determined by the Board; and (iv) except as provided by this Agreement, all unexpended and unencumbered funds held in the Operating Fund shall be distributed by the Fiscal Agency to the Parties based on each Party's pro rata contribution to the overall budget in effect at the time the Agreement is terminated. 8. Indemnification and Hold Harmless. (a) Each Party shall, indemnify and hold other Parties (including without limitation the Party serving as, and acting in its capacity as the Administering Agency), their officers, officials, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of that Party's wrongful acts or omissions in connection with the performance of its obligations under this Agreement, except to the extent the injuries or damages are caused by another Party. In the event of recovery due to the aforementioned circumstances, the Party responsible for any such wrongful acts or omissions shall pay any judgment or lien arising therefrom, including any and all costs and reasonable attorneys fees as part thereof. In the event more than one Party is held to be at fault, the obligation to indemnify and to pay costs and attorneys fees, shall be only to the extent of the percentage of fault allocated to each respective Party by a final judgment of the court. (b) Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of a Party hereto (including without limitation the Party serving as, and acting in its capacity as, the Administering Agency), its officers, officials, employees, and volunteers, the Party's liability hereunder shall be only to the extent of the Party's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Party's waiver of immunity under Industrial Insurance Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the Parties. 0 Packet Page 118 of 199 The provisions of this Section shall survive the expiration or termination of this Agreement. (c) Each Party (including without limitation the Party serving as, and acting in its capacity as the Administering Agency) shall give the other Parties proper notice of any claim or suit coming within the purview of these indemnities. (d) Notwithstanding any provision in this Agreement to the contrary, the provisions of this section shall remain operative and in full force and effect, regardless of the withdrawal or termination of any Party or the termination of this Agreement for the duration of any applicable statute of limitations 9. Insurance. The Joint Board, the Fiscal Agency, and the Administering Agency shall take such steps as are reasonably practicable to minimize the liability of the Parties associated with their participation in this Agreement, including but not limited to the utilization of sound business practices. The Board shall determine which, if any, insurance policies may be reasonably practicably acquired to cover the operations of Joint Board and the activities of the Parties pursuant to this Agreement (which may include general liability, errors and omissions, fiduciary, crime and fidelity insurance), and shall direct the acquisition of same. 10. Dispute Resolution. Whenever any dispute arises between the Parties or between a Party or Parties, the Board, or the Administering Agency (referred to collectively in this Section as the "parties" ) under this Agreement which is not resolved by routine meetings or communications, the parties agree to seek resolution of such dispute in good faith by meeting, as soon as feasible. The meeting shall include the Chair of the Board, the Vice -Chair, and the representative(s) of the Parties involved in the dispute. If the parties do not come to an agreement on the dispute through this process, any party may pursue mediation through a process to be mutually agreed to in good faith between the parties within 30 days, which may include binding or nonbinding decisions or recommendations. The mediator(s) shall be individuals skilled in the legal and business aspects of the subject matter of this Agreement. The parties to the dispute shall share equally the costs of mediation and assume their own costs. If the Parties are not able to resolve the dispute through the above process, or conduct or resolve the dispute through mediation, then any Party may pursue whatever legal remedies may be available. 11. Public Records; Confidential Information. (a) Application of PRA. All records related to this Agreement or the Joint Board will be available for inspection and copying under the provisions of the Public Records Act, Chapter 42.56 RCW (the "PRA"), subject to any exemptions or limitations on disclosure. (b) Confidential Information. If a Party considers any portion of a record it provides another Party under this Agreement, whether in electronic or hard copy 10 Packet Page 119 of 199 form, to be protected from disclosure under law, the Party shall clearly identify any specific information that it claims to be "Confidential." A Party receiving a request for a record marked as Confidential shall notify the other Parties of the request and the date that such record will be released to the requester unless another Party obtains a court order to enjoin that disclosure pursuant to RCW 42.56.540. If another Party fails to timely obtain a court order enjoining disclosure, the receiving Party will release the requested information on the date specified. No Party shall be liable for any records that the Party releases in compliance with this section or in compliance with an order of a court of competent jurisdiction. 12. Limitations. Nothing in this Agreement shall be construed or applied in a manner that: (a) Is inconsistent with or intrudes upon other contractual agreements of the Parties including, but not limited to, the interlocal cooperation agreements between Snohomish County and various cities for urban county consortium qualification under the United States Department of Housing and Urban Department Community Development Block Grant Program and HOME Investment Partnership Program; or (b) Authorizes or permits the Joint Board to lobby or to attempt to gain preferential treatment in processes conducted by any of the Parties to award federal, state or local funds for affordable housing. 13. Notices. (a) To the Joint Board. Any notice to the Joint Board shall be in writing and shall be addressed to the Chair of the Board and to the Administrative Agency. (b) To a Party. Any notice to a Party shall be to the Representative and Alternate, if any, of that Party. (c) Methods of Notice. Any notice may be given by certified mail, overnight delivery, facsimile, telegram, or personal delivery. Notice is deemed given when delivered. Email may be used for notice that does not allege a breach or dispute under this Agreement. (d) Notice Addresses of Parties. The following contact information for each Party shall apply until amended in writing by a Party providing new contact information to each other Party, the Chair of the Board, and the Administrative Agency, if any: 11 Packet Page 120 of 199 Citv of Edmonds Robert Chave, Development Services 121 5th Ave. N Edmonds, WA 98020 Phone (425) 771-0220 Facsimile (425) 771-0221 Planning@Edmondswa.gov City of Everett Dave Koenig, Planning 2930 Wetmore Ave., Suite 8A Everett, WA 98201 Phone (425) 257-8736 Facsimile (425) 257-8742 City of Granite Falls Sheikh Haroon Saleem, Mayor and Ray Sturtz, City Planner 206 S. Granite Ave, PO Box 1440 Granite Falls, WA 98252 Phone (360) 691-6441 Facsimile (360) 691-6734 City of Lake Stevens Rebecca Ableman, Planning and Community Development Director 1812 Main Street, PO Box 257 Lake Steven, WA 98258 Phone (425) 377-3229 Facsimile (425) 212-3327 bableman@lakestevenswa.gov City of Lynnwood Don Gough, Mayor and Paul Krauss, CD Director PO Box 5008 Lynnwood, WA 98046-5008 Phone (425) 670-5401 Facsimile (425) 771-6585 pkrauss@ci.lynnwood.wa.us 12 Packet Page 121 of 199 City of Marysville Gloria Hiroshima [1049 State Avenue Marysville, WA 98270 Phone (360) 363-8000 Facsimile (360) 651-5033 ghirashima@marysvillewa.gov City of Mill Creek Tom Rogers, Director of Community Development 15728 Main Street Mill Creek, WA 98012 Phone (425) 745-1891 Facsimile (425) 745-9650 tom@cityofmillcreek.com City of Mountlake Terrace Shane Hope 6100 219th St. SW, Suite 200 Mountlake Terrace, WA 98043 Phone (425) 744-6281 Facsimile (425) 775-0420 shope@ci.mlt.wa.us Citv of Mukilteo Mayor and Planning Director 11930 Cyrus Way Mukilteo, WA 98275 Phone (425) 263-8017 Facsimile (425) 212-2068 mayor@ci.mukilteo.wa.us City of Snohomish Larry Bauman, City Manager City of Snohomish 116 Union Snohomish, WA 98290 Phone (360) 568-3115 Facsimile (360) 568-1375 bauman@ci.snohomish.wa.us 13 Packet Page 122 of 199 Town of Woodwa Mayor Carla Nichols 23920 113th PI. W Woodway, WA 98020 Phone (206) 542-4443 Facsimile (206) 546-9453 Mayor@townofwoodway.com Housing Authority of Snohomish County Executive Director 12625 4th Avenue W. Suite 200 Everett, WA 98204 Phone (425) 290-8499 Facsimile (425) 290-5618 rdavis@hasco.org Snohomish County Mary Jane Brell Vujovic, Division Manager Housing and Community Services 3000 Rockefeller Ave., M/S 305 Everett, WA 98201 Phone (425) 388-7116 Facsimile (425) 259-1444 maryjane.brell@snoco.org 14. General Provisions. (a) Rights and Obligations Reserved; MOU Superseded. This Agreement reserves to each Party and shall not be construed to be in derogation of any rights, powers, privileges, authority, liability, obligations and duties set forth in or provided by any previous agreement executed by a Party relating in any way to affordable housing, except that the Memorandum of Understanding dated September 21, 2011, by and among the Housing Authority of Snohomish County, the cities of Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Mill Creek, Mountlake Terrace, Mukilteo, Snohomish, Sultan and the town of Woodway (the "MOU"), shall be deemed terminated pursuant to section 2.6.13 of the MOU and shall be of no force and effect upon the effective date of this Agreement. (b) Access to Records. To the extent permitted by law, all records, accounts and documents relating to matters covered by this Agreement shall be subject to inspection, copying, review or audit by the Washington State Auditor or any Party. Upon reasonable notice, during normal working hours, each Party shall provide auditors from the Washington State Auditor or the other Parties with access to its facilities for copying said records at their expense. 14 Packet Page 123 of 199 (c) No Third Party Beneficiaries. This Agreement is for the benefit of the Parties only, and no third party shall have any rights hereunder. (d) Venue. The venue for any action related to this Agreement shall be in Superior Court in and for Snohomish County, Washington at Everett. (e) Severability. If any of the provisions of this Agreement are held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. If the invalidated provision is essential to the benefit of the Parties' bargain, the Parties will in good faith negotiate a replacement provision to make the Parties whole to the greatest extent possible. 15. Execution. This Agreement may be executed in multiple counterparts and, if so signed, shall be deemed one integrated Agreement. The undersigned signatories represent that they are authorized to execute this Agreement on behalf of the respective Party for which they have signed below. SNOHOMISH COUNTY Approved as to form By: By: Signature Date Signature Date Its: Its: CITY OF EDMONDS Approved as to form By: By: Signature Date Signature Date Its: Its: CITY OF EVERETT Approved as to form By: By: Signature Date Signature Date Its: Its: CITY OF GRANITE FALLS Approved as to form By: By: Signature Date Signature Date Its: Its: 15 Packet Page 124 of 199 CITY OF LAKE STEVENS Approved as to form By: By: Signature Date Signature Date Its: Its: CITY OF LYNNWOOD Approved as to form By: By: Signature Date Signature Date Its: Its: CITY OF MARYSVILLE Approved as to form By: By: Signature Date Signature Date Its: Its: CITY OF MILL CREEK Approved as to form By: By: Signature Date Signature Date Its: Its: CITY OF MOUNTLAKE TERRACE Approved as to form By: By: Signature Date Signature Date Its: Its: CITY OF MUKILTEO Approved as to form By: By: Signature Date Signature Date Its: Its: 16 Packet Page 125 of 199 CITY OF SNOHOMISH Approved as to form By: By: Signature Date Signature Date Its: Its: TOWN OF WOODWAY Approved as to form By: By: Signature Date Signature Date Its: Its: HOUSING AUTHORITY OF Approved as to form: SNOHOMISH COUNTY By: By: Signature Date Signature Date Its: Its: 17 Packet Page 126 of 199 ATTACHMENT A HOUSING AUTHORITY OF SNOHOMISH COUNTY 12625 - 4th Avenue W.. Suite 200 • Everett, Washington 98204 (425) 290-8499 or (425) 743-4505 TDD (425) 290-5785 • FAX (425) 290-5618 June 22, 2012 Mr. David Bley Director, Pacific Northwest Initiative Bill and Melinda Gates Foundation PO Box 23350 Seattle, WA 98102 RE: GATES FOUNDATION SUPPORT FOR SNOHOMISH COUNTY INTER -JURISDICTIONAL HOUSING COMMITTEE Dear David: I am sorry it has taken so long to put this together. As we discussed a few months ago, Snohomish County continues to evolve in the creation of its vehicles to address affordable housing issues, and homelessness in particular. The Sound Families Initiative and the current Investing in Families Initiative have brought private philanthropy, government, non -profits and private citizens together to combat homelessness and create systems change. These two initiatives have been instrumental in providing the necessary resources and developing the capacity of stakeholders in the community. The initiatives addressed the need for supportive services and housing and have made clear the need for both to effectively serve homeless families. On a parallel track, the Housing Consortium of Everett and Snohomish County was formed by interested non-profit developers with the support of local government, the County's two housing authorities, and private supporters. The membership is made up of housing organizations dealing with every aspect of the housing continuum from homelessness to homeownership. Housing Continuum Homeless Housing Rent Subsidized Affordable Rental Homeownership Short/long-term Housing Housing 00 and supportive services HUD and USDA Bond and Tax Credit Market Rental Through all of the work in the community to address housing and homelessness, it became clear that the community needed a vehicle for local governments to cooperatively address housing policy issues. A group of cities in Snohomish County began to explore the creation of such a vehicle over two years ago as an outgrowth of Snohomish County Tomorrow, the local inter - jurisdictional forum created to oversee Countywide Planning Policies. Equal Housing Opportunity Packet Page 127 of 199 ATTACHMENT A The cities in Snohomish County and the Snohomish County government have now taken the step to create the Inter -Jurisdictional Housing Committee (IHC). This new group comprised of local governments in Snohomish County is a systems change that will create a centralized forum for local governments to efficiently disseminate housing information, work together to gain more expertise in housing policy issues, and cooperatively advocate at the federal and state level to ensure that there is adequate support for efforts to end homelessness and promote affordable housing in their communities. The group will inform local land use efforts to promote housing that is both economically and environmentally sustainable. The target model for the IHC is A Regional Coalition for Housing (ARCH) on King County's Eastside. The IHC Memorandum of Understanding (MOU) and draft Interlocal Agreement are attached. The following jurisdictions have signed onto the MOU: Mukilteo, Mountlake Terrace, Lake Stevens, Everett, Mill Creek, Snohomish, Sultan, Marysville, Edmonds, Lynnwood, Woodway, Granite Falls, and Snohomish County. Every one of the jurisdictions signing on to this undertaking has at least one elected official and a planning executive who have decided that housing is a high priority for their community. Bringing these elected officials and planning executives together on the IHC will substantially enhance the work that is currently going on in the County to promote affordable housing and ensure that there are affordable housing options for families exiting homeless housing. During this period of intensive interest in housing and transportation, it is especially important that this entity is created and sustained to ensure that affordable housing is appropriately integrated into planning efforts. Embarking on this effort right now is difficult when these cities and the County are experiencing economic distress. The goals of the IHC can advance significantly faster if the committee members can spend the first year establishing the priorities and substantive functions of the IHC rather than spending that time working to build financial support. It will be much easier to secure permanent and ongoing financial support from the cities and County if the IHC can get up and running with professional staff and products to show. That is why I would like to explore with you the potential of Gates Foundation support for the first full year of operation of the IHC. Please see the attached IHC 2013 budget. HASCO committed to provide modest staffing and an administrative base to support the IHC. - We have hired a graduate student intern from the University of Washington Master of Urban Planning program to supplement our staff work for the committee. This intern, with support from HASCO staff, will work to build the IHC and produce initial reports for the committee. HASCO will bear this expense through the end of 2012. Although HASCO is providing staff support for the committee, the IHC is not a HASCO project. Starting in 2013, the IHC would like to have a full-time professional to staff the committee. Ideally the current intern would continue on in this full-time position. The Gates Foundation would cover the cost of the full-time staff person plus any additional outside consulting work that is needed. HASCO would still provide office space, all administrative support, and supplemental staffing support without reimbursement. Starting in 2014, the cities and the County would provide the financial support to fully cover the budget. HASCO would continue to provide the office space, administrative support, and supplemental staffing as an ongoing responsibility. 2 Packet Page 128 of 199 ATTACHMENT A I would appreciate the opportunity to discuss this proposal further. I can be reached at 425-293- 0532 or rednhasco.or. Sincerely Robert E. Davis Executive Director cc: David Wertheimer, Deputy Director, Pacific NW Initiative, Bill & Melinda Gates Foundation Kollin Min, Program Officer, Pacific NW Initiative, Bill & Melinda Gates Foundation Enclosures Memorandum of Understanding Draft Interlocal Agreement 2013 Budget Packet Page 129 of 199 BILL&MELINDA GATES foundation 233 PAY Fifty Thousand Dollars And 00 Cents to the Housing Authority of Snohomish County order Of 12625 4th Ave West Suite 200 Everett, WA 98204 ATTACHMENT A Wells Fargo Bank,,N.A. Bellevue, WA 98004 11-24/1210 DATE Oct 11, 2012 Author ze agnature VOID AFTER 180 DAYS ll' L L$06 211' 1: L 2 L000 2481: t, 2 24 ?SO E?911' BILL & M E L I N D A GATES FOUNDATION PO Box 23350 Seattle, Washington 98102 206,709.3100 118062 AMOUNT 50,000.00 Packet Page 130 of 199 MOU Signees by Population Everett Marysville Lynnwood Edmonds Lake Stevens Mukilteo Mountlake Terrace Mill Creek Snohomish' Granite Falls' Woodway' HASCO Total city County Total Gates Grant4 Proposed Budget Back Office Support Notes: Attachment B Alliance for Housing Affordability Fiscal Year August 2013 to June 2014 Budget and Contribution Schedule July 2013 Population for Calculation 2013 Population** Purpose Contribution 103,019 103,019 $6,213 60,020 60,020 $3,613 35,836 35,836 $2,151 39,709 39,709 $2,385 28,069 28,069 $1,682 20,254 20,254 $1,209 19,909 19,909 $1,188 18,244 18,244 $1, 088 9,098 9,098 $1,000 3,364 $1,000 1,307 $1,000 338,829 343,480 $22,530 286,727 286,727 $17,320 625,556 630,207 $39,850 $50,000 $50,000 $89,850 Contributions $89,850 In kind 1.Minimum annual commitment $1,000 for any participant 2.HASCO funding staff intern for 12+ months 2012 began interim work in July **2011 Population Budget 1 FTE $ 60,000.00 Benefits (@39%) $ 23,400.00 Local Travel/mi. $ 1,250.00 Supplies/Teleph $ 1,200.00 a z55,65U.UU Misc./Consult. $ 4,000.00 :> 25y,25SU.UU Packet Page 131 of 199 A rr A Attachment B 2013-2014 Work Plan* 1. Synthesize/analyze Data IDENTIFY DATA GAPS, And if there are, develop/implement a strategy to fill those gaps. b. DEVELOP A SURVEY TEMPLATE THAT CITIES CAN USE FOR GATHERING HOUSING DATA THEY'RE MOST INTERESTED IN. IDENTIFY WHERE EXISTING AFFORDABLE HOUSING UNITS ARE LOCATED AND WHETHER THEY ARE UNDER THREAT OF CONVERSION, WHAT THEIR CONDITION IS AND WHAT THE CONDITION OF THE SURROUNDING PUBLIC INFRASTRUCTURE IS. 2. Provide Technical Expertise CREATE A TEMPLATE JURISDICTIONS CAN USE IN DRAFTING THEIR HOUSING CONTINUUM AND CITY PROFILES. With the template each jurisdiction can create effective literature conveying their individual housing needs. The continuum would also be useful in developing Housing Elements for Comprehensive Plans. 3. Create Education/Outreach/Information-sharing Opportunities DEVELOP A STRATEGY AND TOOLS TO EDUCATE ELECTED OFFICIALS The task is to educate elected officials about affordable housing issues and the roles they can play in obtaining funding for housing programs. i. Identify elected officials who could serve as primary contact points for federal and state agencies which provide housing funding (this would assist in attract housing money to Snohomish County). ii. Design workshop for elected officials to better inform them of housing issues and funding opportunities/challenges/processes a. PACKAGE THE IJH COMMITTEE'S IDEA/MESSAGE. i. Use HASCO human resources staff (who has special training in leading facilitation) to work with elected officials on the committee to create a succinct message of what the Alliance for Housing Affordability is all about. The message would be a key tool to use in presentations to city councils when the IJH ILA is being considered. 11. Use the message to promote media exposure of the IJH committee's existence and goals 4. Grants and Financial a. DEVELOP A STRATEGY FOR LEVERAGING CDBG AND OTHER FUNDS. b. DEVELOP A COMMON STRATEGY TO PURSUE FUNDING TO BE USED BY CITIES INDIVIDUALLY OR COLLECTIVELY. c. DESIGN ANEW REVENUE GENERATION TOOL THAT CAN BE ADOPTED BY LEGISLATIVE BODIES AND THEN USED BY INDIVIDUAL CITIES. * For consideration by the Joint Board Packet Page 132 of 199 agenda. The resolution states the Council's support for continuing to develop information for a complete policy deliberation regarding medical benefits to include discussion of self-insurance. Councilmember Buckshnis relayed a Lynnwood Councilmember stated to her at a Snohomish County Tomorrow meeting that Lynnwood is also interested in discussing self-insurance. She noted increases in medical benefit costs will continue to outpace inflation and 25-30% of the cost is overhead. Councilmember Bernheim said he would rather not devote staff and/or financial resources to continue to explore this. Although not an expert on self-insurance or medical benefits, as an employer, he conducts a health benefit analysis every year. He questioned if the City had the staff to conduct the research and he preferred to rely on the search for competitive healthcare programs in an atmosphere of healthcare reform and price control. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE RESOLUTION NO. 1253, A RESOLUTION REGARDING COUNCIL REVIEW OF MEDICAL BENEFITS. Council President Peterson commented he was still wary of the idea of self-insurance but felt the City was in the broader option phase. He was willing to continue researching options and would trust staff and the Public Safety & Human Resources Committee to ensure an inordinate amount of time was not spent on it. Further research may reveal other options that have not yet been considered such as partnering with another city. Councilmember Buckshnis agreed with Council President Peterson, noting she too was very skeptical about self-insurance but has learned a lot. City staff is also very skeptical about self-insurance. She referred to Councilmember Wilson's memorandum explaining self-insurance. There is opportunity for the City to save a great deal of money. Staff does not necessarily administer the program, an independent party handles claims. Councilmember Fraley-Monillas commented she did not yet have an opinion regarding self-insurance; she was still gathering information. She agreed with Council President Peterson it was appropriate to continue research/discussion. Anything that can save the City money is a good thing. She did not want to abandon the idea of self-insurance without complete information. Councilmember Wilson explained he suggested to Council President Peterson that this not be scheduled on a future agenda. He noted Councilmembers Petso, Fraley and Bernheim have voiced concerns and although they may be willing to allow more research, he understood there may not be four votes at the end. Many staff members are not interested in self-insurance because self-insurance was tried 12 years ago but it was set up poorly and failed. If Councilmembers did not think they could get there, he implored them to vote against the resolution. If they voted for it, he was not asking for a commitment but if they did not think that there would ultimately be four votes to approve, he asked that they not vote in favor of the resolution to avoid wasting staff and the committee's time. MOTION CARRIED (6-1), COUNCILMEMBER BERNHEIM VOTING NO. 11. APPROVAL OF A MEMORANDUM OF UNDERSTANDING FOR INTERJURISDICTIONAL AFFORDABLE HOUSING PROGRAM. Planning Manager Rob Chave explained this was authorization for the Mayor to sign a Memorandum of Understanding (MOU) with other jurisdictions in Snohomish County to explore further the possibility of forming an Interjurisdictional Affordable Housing Program. The program is similar to ARCH in King County that is comprised of several jurisdictions who pool their resources. Affordable housing is not a subject that individual jurisdictions can effectively address because it is cost prohibitive for a single Edmonds City Council Approved Minutes July 5, 2011 Page 11 Packet Page 133 of 199 jurisdiction to establish a program. The program is a coordinated way to leverage resources, act as a conduit for obtaining grants/donations, maintain a trust fund to address housing issues, provide technical assistance, etc. Mr. Chave explained affordable housing is not the same as low income housing. Affordable housing is defined as households making less than median income and devoting more than 30% of their income to housing costs. When that occurs, paying for other needs such as education, food, etc. is more difficult. There are a large number of households in Snohomish County that meet the affordable housing need and it is not something the Housing Authority can address. Authorizing the Mayor to sign a MOU does not commit the City to signing on at the end of the process but rather is an indicator that the City is interested in discussing the program with other jurisdictions. Councilmember Fraley-Monillas advised this was reviewed by the Community Services/Development Services Committee. She supported authorizing the Mayor to sign the MOU. She referred to language in the MOU that states while signing the MOU expresses the City's support, it does not constitute a final commitment to sign an Interlocal Agreement establishing the program nor does it commit the City to participating financially in the program. She asked what other cities were participating. Mr. Chave advised the MOU lists the 11 jurisdictions that have been active in reaching this point. Councilmember Buckshnis recalled Shane Hope made a presentation to the Council last year regarding the program. Five local jurisdictions have agreed to participate including Mountlake Terrace, Snohomish County, Mukilteo and Lynnwood. The program utilizes the ARCH framework which has been very effective. There is no cost to the City at this point. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE MEMORANDUM OF UNDERSTANDING FOR INTERJURISDICTIONAL AFFORDABLE HOUSING PROGRAM. Councilmember Plunkett expected all the members of the Council would support the MOU except him. He pointed out first the government enacts the GMA in 1993 restricting developable land. In Snohomish County only approximately 5% of the land can be developed. Restricting developable land increases the cost of homes. He disagreed with taking developable, cheaper land out of development and creating grants, programs to solve the problem created by GMA. He suggested a faster way would be for Snohomish County Tomorrow to have the Legislature define and expand the urban growth boundaries to open more affordable land to development; more affordable land results in more affordable housing. He anticipated the program would ultimately cost the City money and through various means will require subsidizing housing that does not need to be subsidized if developable, cheaper land were not removed from production. Councilmember Wilson recalled when Ms. Hope made a presentation to the Council regarding this program, he did not support it due to the cost. He inquired about the proposed cost at that time. Mr. Chave did not recall the cost. There have been discussions regarding the cost being proportional to the participating jurisdictions' population. He anticipated the cost will be in the range of $10,000. Councilmember Buckshnis anticipated cost will be approximately $8,000. Mr. Chave relayed there have been discussions regarding the cost initially being quite low given the realities of jurisdictions' budgets. The cost will also depend on the benefits provided to jurisdictions via the program. Councilmember Wilson asked what the City could do with $10,000. Mr. Chave answered the City previously had a line item in the budget for interns; $10,000 would buy a fair amount of interns. Interns were used to do tasks like land use inventories that have not been done in the recent past. He noted $10,000 was a small enough amount that its use was limited. For example it was not enough to leverage grants. However $10,000 as part of a larger multi jurisdictional effort could do more than a city could do Edmonds City Council Approved Minutes July 5, 2011 Page 12 Packet Page 134 of 199 on its own particularly in regard to housing. As part of an interjurisdictional program, $10,000 may make an incentivized affordable housing program possible. The City does not currently have any way to administer an incentive program for developers who provide a certain percentage of affordable units. Councilmember Wilson summarized he would like to support this but whatever the allocation is, it should go through the budget process. The question is not whether $10,000 is well spent, he agreed it will be; the question is the Council's priorities. The MOU commits the City in principle; it states the purpose of the MOU is to acknowledge the commitment on the part of each respective party ... to develop and submit an Interlocal Agreement in 2012 and 2013 that funds staffing and administrative expenses. By passing the MOU, the Council is stating they will approve an Interlocal Agreement in the future to commit the City to funding in 2012 and 2013. He preferred to see other cities organize first and the City possibly commit in 2012 for 2013. Councilmember Buckshnis expressed her support for the MOU and felt it was short sighted not to support it due to a potential $10,000 cost. The Snohomish County Tomorrow dues are approximately $6,000 and she envisioned funding one administrator would cost less than that. The MOU would allow the City to be progressive in dealing with affordable housing and provides the synergy of other jurisdictions. She recognized Councilmember Plunkett's philosophical disagreement with the GMA, commenting natural resources are just as important as economic resources. She recalled while doorbelling seniors mentioning they had to move out of the bowl because of the cost of housing. She found the MOU very progressive and it is her understanding there will be no fee next year. Councilmember Fraley-Monillas asked if the City could get out of the MOU in the future. City Attorney Jeff Taraday answered yes, the first stage is a very low commitment. The MOU does not bind the City to subsequent adoption of an Interlocal Agreement and the MOU can be terminated upon 60 days notice. He summarized it was not a significant commitment. He pointed out the MOU is also not necessarily a unique opportunity that the City could not avail itself of later. Section 2.2 of the MOU contains a provision for new members. If the Council is interested in approving the MOU in the future, that appears to be an option. Councilmember Fraley-Monillas pointed out there is no request for funds nor is there a commitment to future funding. Mr. Chave agreed. The MOU only requests representatives participate in the process which would be Councilmember Buckshnis and/or him. Councilmember Fraley-Monillas asked whether staff would return to the Council if there was a financial impact in the future. Mr. Chave advised they would, anticipating funding would be part of a budget discussion. Councilmember Fraley-Monillas observed the benefit of participating in the MOU at no cost is having a seat at the table. Mr. Chave agreed it would enable the City to participate in the discussion regarding the focus of the program, timing, etc. MOTION CARRIED (5-2), COUNCILMEMBERS PLUNKETT AND WILSON VOTING NO. 12. MAYOR'S COMMENTS Mayor Cooper announced today the Division 1 Washington State Court of Appeals affirmed the authority of cities to offer broadband telecommunications services to individuals and private businesses. He clarified the courts have said Edmonds can sell its excess broadband capacity. He offered to forward the email regarding the decision to the Council. Mayor Cooper reminded of the dedication of the Sounder Station on July 8. The "Standing Wave" public art has been moved to that location. He encouraged the Council and the public to attend and celebrate this addition to the transportation infrastructure. Edmonds City Council Approved Minutes July 5, 2011 Page 13 Packet Page 135 of 199 Snohomish County Inter -jurisdictional Housing Committee Memorandum of Understanding This Memorandum of Understanding ("MOU") is being executed by the undersigned this /o"day of AccaccsT, 2011 by and between the City of Edmonds, organized under the laws of the State of Washington and the other signatories of this MOU for the purposes of articulating a shared intention to continue and expand an inter - jurisdictional partnership to educate staff and electeds, to share staffing resources, to seek strategies to implement housing policies, and to help address affordable housing needs in Snohomish County. 1. RECITALS Section 1.1. Whereas, the Snohomish County Council and several communities within the county support the formation of an inter -jurisdictional group to consider the housing needs within the county as a whole and within the urban growth areas. Section 1.2. Whereas, after over a year of exploring options for jurisdictions to participate in a partnership, it was determined that a model similar to ARCH on the eastside of King County would be the most appropriate partnership model. Section 1.3. Whereas, the elected officials of the respective jurisdictions believe it would be beneficial to join together, on a voluntary basis, to address the issue of affordability and housing supply, as cities are not responsible for creating housing, but can work cooperatively to help the private, non-profit and public sectors that have traditionally been responsible for production of housing throughout Snohomish County. Section 1.4. Whereas, the signers of this Memorandum of Understanding (MOU) plan for local housing in their jurisdictions within Snohomish County and they find it in their mutual interest to address affordable housing issues on a countywide and regional basis and to cooperatively work, where possible, to increase the supply of affordable housing, without committing financial resources at this time, but with an expectation of some staff or in -kind resources being provided. Section 1.5. Whereas, in order to further the goals of the program, other non-profit housing groups/entities may become a part of this MOU to assist with the program development. Section 1.6 Whereas, the communities and entities that have expressed an initial interest in developing this new concept of cooperation in addressing affordable housing issues are: • Edmonds • Everett • Lake Stevens • Lynnwood • Marysville • Mill Creek • Mountlake Terrace Page 1 Packet Page 136 of 199 • Mukilteo • Snohomish • Woodway • Snohomish County Section 1.7. Whereas, the jurisdictions have an interest in working together to increase the amount of affordable housing units, thus the signers of this MOU desire to develop an interlocal agreement for consideration. Now, therefore, the undersigned agree to the following: 2. AGREEMENT The parties agree to the following terms of this Memorandum of Understanding. 2.1. Purpose. The purpose of this Memorandum of Understanding is to acknowledge the commitment on the part of each of the respective parties to cooperate during 2011 and possibly a subsequent period to: 2.1.1 Identify and create a governance structure for the long-term cooperative effort related to affordable housing. 2.1.2. Develop a work plan and yearly program efforts that considers short-term, mid-term and long-term needs related to affordable housing. 2.1.3. Develop and submit for consideration an Interlocal Agreement (ILA) for 2012 and 2013 budget years that funds staffing and administrative expenses to carryout this cooperative effort related to affordable housing. However, nothing in this agreement commits any jurisdiction or entity to enter into an ILA or funding obligations at any time in the future. The parties also understand that there may be interim measures necessary to implement all or portions of the program and that no future obligations to sign an interlocal agreement are implied as part of this MOU. 2.2. Membership under this MOU. 2.2.1 Initial Members. Those entities and others that sign this MOU by November 30, 2011 are the initial members. 2.2.2 New Members. The process for other entities to participate is open. An additional entity may join upon signature of this MOU while the MOU and specified actions are active. 2.3. Governance. The governance will be provided by elected Co -Chairs that are chosen at the first official meeting after the MOU takes affect. All jurisdictions may participate in meetings without having signed the MOU. Once the majority of the jurisdictions have signed the MOU, then those that have not signed will not have a Packet Page 137 of 199 vote on decision action items on the agenda. All other items will be accepted by consensus of those attending, where possible. 2.4. Future Agreement(s). The parties, by executing this Memorandum of Understanding, are committing to develop an Interlocal Agreement (ILA) for the purposes of continuing to cooperatively participate in an inter -jurisdictional affordable housing effort for future consideration. The ILA will identify the respective rights, obligations and duties of any party that is a signatory to the ILA. No obligations to enter into an ILA are implied as established in 2.1.3 of this MOU. 2.5. Amendment(s). This Memorandum of Understanding may be amended at any time in writing, by mutual agreement of the parties. 2.6. Termination. This Memorandum of Understanding for any respective signatory may be terminated by any party by withdrawing from the MOU before an ILA is signed, by notifying in writing to the Co -Chairs at least sixty (60) days in advance of such termination, based upon their respective governing bodies' approval of termination. This MOU will be considered terminated in full, if either one of the following two actions occur: A. All signatories to the MOU terminate their cooperation. B. An Interlocal agreement is signed by enough jurisdictions and thereby replaces this MOU on a permanent basis. 2.7. Severability. The invalidity of any clause, sentence, paragraph, subdivision, section or portion thereof shall not affect the validity of the remaining provisions of this MOU. 2.8. Counterparts. This MOU maybe signed in counterparts, and if so signed, shall be deemed to be one integrated MOU. 2.9. Effective Date. The effective date shall be the date following the signatures of the first five jurisdictions. DATED this _day of , 2011 (when the fifth jurisdiction signed the agreement). WHEREFORE, the parties hereto have executed this agreement on the dates set forth below. Packet Page 138 of 199 Signatories: nil ��— DATED this l a day of August, 2011. City of Edmonds Jurisdiction/Entity By: Mike Coo Name Its: Mayor, City of Edmonds Title Packet Page 139 of 199 AM-5986 City Council Meeting Meeting Date: 08/27/2013 Time: 15 Minutes Submitted By: Carrie Hite Department: Parks and Recreation Committee: Finance Type: Action Information Subiect Title Adoption of longevity pay for non -represented employees. Recommendation Council approve revised Nonrepresented Compensation Policy, and discuss effective date. Previous Council Action 10. During a discussion of non -represented compensation in general at the November 27, 2012 City Council meeting, Council declined to take action at that time regarding the topic of logevity pay for non -represented employees. It was suggested at the time that the issue of longevity pay be brought back to a future Finance Committee meeting in 2013 for further discussion. The Finance Committee discussed this at their committee meeting in February and forwarded this to back to full Council for discussion. Full Council discussed it in April, 2013, and requested that it come back as part of the budget process later in the year. Narrative At the last Council meeting in April 2013, Council requested this item to come back for dicussion and action. Two items were requested to further the discussion. The first request was to engage in a disucssion with the levy team, and how this might be perceived as the City decides to forward a levy to the voters. Since the previous discussion, and the updated budget forecast, the levy team has requested the Council not file for a ballot measure this year. Therefor this issue may no longer be a concern. The second request was to provide information about longevity compensation from our comparator cities. This is provided in the packet. This packet also includes a table of longevity compensation that represented employees receive. In September 2012, the compensation consultant's recommendation was to support some type of longevity compensation for nonrepresented employees in consideration of, 1) the commitment of the tenure of City staff, 2) comparison with comparable cities and internal comparisons, and 3) recognizing the reduction in earning potential with the new nonrepresented employee salary ranges. Packet Page 140 of 199 If the Council chose to apply longevity compensation commensurate with SEIU, the financial impact to the City would be $37,413 with the current tenure of staff: • 7 employed for 19+ years • 6 employed 14-19 years • 4 employed for 10-14 years • 9 employed for more than 5 years • 13 employed less than 5 years Attached is a revised Nonrepresented Compensation Policy that includes longevity, for Council's consideration and possible adoption tonight. If adopted, we will bring updates in the Personnel Policies, and City Code as needed to create consistency. Longevity Comparison Longevity Comps Other cities Council minutes from 4/13 Revised Nonrep Compensation Policy Inbox Reviewed By City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Carrie Hite Final Approval Date: 08/22/2013 Attachments Form Review Date 08/22/2013 11:45 AM 08/22/2013 02:40 PM 08/22/2013 02:55 PM Started On: 07/26/2013 04:04 PM Packet Page 141 of 199 City of Edmonds Longevity Comparison January 2, 2013 Years SEIU Teamsters Law Support Police 5 .5% .5% 1% 2% 10 1% 1% 2% 4% 14 1.5% 1.5% 3 15 6% 18 2% 4% 19 2% Packet Page 142 of 199 U c c m a Employer a a, — Comments U cu Q) W W ro p U Bothell - Non Rep Bremerton - 4% X Non Rep Bremerton - 4% Teamsters Bremerton - 4% Uniforms provided IAFF Local 437 Bremerton - 4% 2°% 4% X X Boot Allowance $250 for Police Officers motorcycle boots Guild (BPOG) Bremerton - 4% 2 % 4% X Middle Mgmt Cert 1.75°%; Police Exec Cert 2.5°% Management Assoc. (BPMA) Burien Employer paid ORCA Card for METRO, Community Transit, Everett Transit, Pierce Transit, and Sount Des Moines X Unspecified Des Moines - 2.50% 4% for BA or Police Guild BS; 5%for Employees MA, MS or MPA Degree Issaquah- X 5% after five years Exempt Employees King County x Bus pass and other alternative transportation incentives offered. Kirkland Lacey- 2% Management Exempt I (non - rep) Lynnwood X $220 at 5 years, $942 at 15 ears Mountlake Choice of 2, X Terrace voluntary Olympia X $450 after 15 years Puyallup Sammamish x Shoreline Snohomish x County University Place Packet Page 143 of 199 Edmonds, City of Responses 1 7 1 3 1 3 1 4 1 7 1 1 Packet Page 144 of 199 EDMONDS CITY COUNCIL APPROVED MINUTES April 23, 2013 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5tn Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Walker Kasinadhuni, Student Representative 1. ROLL CALL STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Carrie Hite, Parks & Recreation/Human Resources Reporting Director Rob English, City Engineer Kernen Lien, Senior Planner Jen Machuga, Associate Planner Jeff Taraday, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder City Clerk Sandy Chase called the roll. All elected officials were present. 2. APPROVAL OF AGENDA Council President Petso requested Agenda Items 17 and 18 be removed from the agenda. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF CONSENT AGENDA ITEMS Council President Petso requested Item H be removed from the Consent Agenda. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 16, 2013. B. APPROVAL OF CLAIM CHECKS #201596 THROUGH #201717 DATED APRIL 18, 2013 FOR $1,226,036.24. APPROVAL OF PAYROLL DIRECT DEPOSIT & CHECKS #60137 THROUGH #60152 FOR $429,100.81, BENEFIT CHECKS #60153 THROUGH #60160 AND WIRE PAYMENTS OF $187,962.15 FOR THE PERIOD APRIL 1, 2013 THROUGH APRIL 15, 2013. C. APPROVAL OF LIST OF EDMONDS' BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD, MARCH 2O13. Edmonds City Council Approved Minutes April 23, 2013 Page 1 Packet Page 145 of 199 D. COMMUNITY SERVICES / ECONOMIC DEVELOPMENT DEPARTMENT QUARTERLY REPORT - APRIL, 2013. E. REPORT ON BIDS OPENED APRIL 16, 2013 FOR THE 2013 WATERLINE REPLACEMENT PROJECT AND AWARD OF CONTRACT TO D&G BACKHOE IN THE AMOUNT OF $1,304,457.70. F. AUTHORIZATION FOR MAYOR TO APPROVE RELEASE OF A UTILITY EASEMENT & ACCEPTANCE AND RECORDING OF NEW STORM UTILITY AND PUBLIC PEDESTRIAN ACCESS EASEMENT. G. REQUEST TO AWARD THE WWTP STANDBY POWER DISTRIBUTION AND SWITCHGEAR IMPROVEMENT PROJECT TO EWING ELECTRIC, INC. ITEM H. ORDINANCE AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE TO APPLY DESIGN STANDARDS TO THE BD2, BD3 AND BD4 ZONES TO REPLACE THE REQUIREMENT FOR BUILDING STEP BACKS. THE PROPOSAL ALSO INCLUDES A PROVISION EXEMPTING SMALL DECORATIVE 'BLADE SIGNS' FROM SIGN CODE AREA CALCULATION LIMITATIONS. Council President Petso explained she supported removing the stepback from the BD2 — 4 zones and including a provision for exempting blade signs from sign code area calculation limitations. However, the ordinance also changes the base building height from 25 feet to 30 feet. She opposed the change in the building height at the public hearing and will vote against the ordinance. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ITEM H, ORDINANCE NO. 3918, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTERS 16.43 AND 22.43 ECDC RELATING TO THE DEVELOPMENT REGULATIONS AND DESIGN STANDARDS FOR THE DOWNTOWN BUSINESS (BD) ZONES. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS BUCKSHNIS, PETERSON, JOHNSON AND YAMAMOTO VOTING YES; AND COUNCILMEMBERS FRALEY-MONILLAS AND BLOOM AND COUNCIL PRESIDENT PETSO VOTING NO. 4. PROCLAMATION IN HONOR OF WHITE CANE DAYS Mayor Earling read a proclamation declaring May 3-4, 2013 as Lions White Cane Days in Edmonds. He presented the proclamation to several members of the Edmonds Lions Club. Brian Evans, President, Edmonds Lions Club, explained the Lions Club has been in existence since 1917 and started with Helen Keller. Their focus is sight and hearing impairments but they also provide student scholarships, assist the Edmonds Food Bank, hold a raffle, and assist with Sierra Park for the Blind. They welcome assistance and new members. He presented Mayor Earling with a pen/flashlight. 5. PROCLAMATION IN HONOR OF LOYALTY DAY Mayor Earling read a proclamation declaring May 1, 2013 as Loyalty Day in the City of Edmonds. He commented it is particularly important to acknowledge this day in light of recent events in Boston. He presented the proclamation to Jim Blossey. Mr. Blossey introduced Commander Fred Apgar, VFW Post 8870. On behalf of Post 8870 and the hundreds of combat veterans who reside in Edmonds, Mr. Blossey thanked the Council for the proclamation. He encouraged the public to pause on May 1 to remember those who have served and those who have given their lives. 6. AUDIENCE COMMENTS Maggie Fimia, Edmonds, expressed her disappointment with the outcome of the Harbor Square Master Plan. She envisioned someone coming to the City with a permit application to build a new home within the limits of the existing zoning and development code, noting they would expect to receive a permit. If Edmonds City Council Approved Minutes April 23, 2013 Page 2 Packet Page 146 of 199 the neighbor protested and went to the City Council, it would be wrong for the Council to tell the Planning Department not to issue the permit. There are codes and laws because the City functions under a rule of law; predictable rules carried out as uniformly as possible, no favorites, no enemies. The GMA and Comprehensive Plan are existing rules; if the Council does not like the Comprehensive Plan, there is a process for amending it but they cannot just reject a project that is consistent with the Comprehensive Plan without stating it is not consistent or how it is not consistent. The Council has not stated how the Harbor Square Master Plan with the recommendations provided by the Planning Board is not consistent with the Comprehensive Plan. The appropriate process would have been to work with the Port on amendments that were amenable to all. She requested answers to the questions she sent last week and again today: 1. How the choice not to accept the Port's Master Plan and begin developing a Council subarea plan was consistent with the State GMA, which required the City to prepare a non -project EIS along with two pages of other significant and costly requirements. If the Council had amended the Port's proposal, those would not have been required. 2. How the Council could have adopted a subarea plan that was potentially inconsistent with the existing Comprehensive Plan such as no residential, no additional height, 150 foot buffers, and no mixed use. She referenced pages 51, 52 and 55 of the Comprehensive Plan that reference mixed use. Michael Schindler, Edmonds, commented he may have been rough on the Council last week, commenting this was a no -growth Council without a plan. He has yet to see a plan and expressed interest in seeing a plan. His business is located in Edmonds and three generations of his family live in Edmonds. Little can be accomplished without teamwork and partnership and work needs to be done with respect and with respect for people and process. In his view some processes were dropped. He pointed out a majority of the Council believe that major changes could be done to a vetted process and plan without consequences. The consequences are serious and if action is not taken to rectify the consequences, they will be long lasting. The consequences include public trust, health of the marsh, public enjoyment of the marsh, economic development, ability to comply with GMA and environmental goals, housing prices, downtown vibrancy, future development proposals by responsible developers, perception of government as wasteful and arrogant, and loss of revenue. He urged the Council to develop a plan for public review. Roger Hertrich, Edmonds, explained tonight the Council passed an ordinance that raised building heights in Edmonds, an ordinance that is based on a public hearing that only advertised step -backs for the BD2 — 4 zones and blade signs with no reference to building heights. Neither tonight's agenda nor the public hearing referenced building heights. He explained the building height in Edmonds was established as 25 feet in Edmonds several years ago; anything above that is an incentive, not a standard height. With the passage of the ordinance, 30 feet is now the standard building height. He said the Council, 1) conducted an illegal hearing because it was not properly advertised and 2) did not include results of the ordinance on building heights in the description. He summarized Councilmembers Buckshnis, Yamamoto, Peterson and Johnson all voted to raise building heights. 7. ANNUAL REPORTS BY THE SNOHOMISH COUNTY TOURISM BUREAU AND SNOHOMISH COUNTY TOURISM PROMOTION AREA. Community Services/Economic Development Director Stephen Clifton introduced Amy Spain, Executive Director, Snohomish County Tourism Bureau. Ms. Spain described the importance of tourism to economic development. Visitors to Washington State spent $16.9 million in 2012; accounting for nearly $1.1 billion in local/state tax revenues. She described the impact of tourism on wages, salaries, profits and taxes. The Washington Tourism Alliance (WTA) was created when the State tourism office closed in 2011; as a membership organization, it is not a sustainable, competitive model. She highlighted competitor states' tourism budgets. WTA's long term funding principles include: • Privately governed • Possibly some state funding, but not control Edmonds City Council Approved Minutes April 23, 2013 Page 3 Packet Page 147 of 199 • Broad -based responsibility • Inclusive of all sectors of the tourism industry • Currently evaluating alternative models and funding levels • Partnership with other tourism sectors (retail, transportation, hotels, recreation, attractions) • Critical long term funding issues include: o Dedicated funds o Industry sector balance o Sectors determine assessment method o Show return on Investment o Requested bridge funding from State Legislature Ms. Spain commented travel and tourism is one of the most important "export -oriented" industries in Washington. Spending by visitors generates sales in lodging, food services, recreation, transportation, and retail businesses — the "travel industry." These sales support jobs for Washington residents and contribute tax revenue to local and state governments. She provided several statistics regarding the impact of travel to the local economy: • Overnight travelers to Washington State: o Average 2.3 people per travel party o Stay 2.5 nights o Spend $458 per travel party per day o Totaling $16.9 billion • The economic impact of tourism in Snohomish County includes 9,340 jobs, $217.3 million in payroll, $16.6 million in local taxes, and $45.9 million in State taxes • Visitor spending in Snohomish County is $875.8 million per year; up 1% from previous year • The recovery in the travel industry is stabilizing: Washington State as a whole increased revenue 6.9% while room demand increased by just 3.3% • Snohomish County's recovery is being led by increased revenue: 10.7% increase in revenue and a 1.7% increase in demand over 2011 Ms. Spain also reported the following: • Generated 13,176 requests for information from ads; a slight decrease from 2011 • Web visitors for Snohomish.org, SnohomishCountyWeddings.com and RoomsAtPar.com; up 23.4 % over 2011 • SCTB visitor centers served 11,974 visitors. Countywide centers served 91,386 visitors. • Achieved $458,000 of free media coverage — up 4% • 7,415 definite and 6,150 tentative group and convention room nights were booked in 2012 representing $21 million in economic impact • Hotel occupancy levels were up 1.7% to 66.5%; ADR was up 8.8% leading to an increase in RevPar of 10.7% • Hotel motel tax collections were up 5.7%. She reported on convention and group tour sales and service: • Ads were placed in meeting and event planners, reunion and sports related publications generating requests for information • Conducted 16 familiarization tours for meeting, group tour and international tour and travel planners and domestic and international media in the communities of Edmonds, Everett, Lynnwood, Monroe, Mukilteo, Snohomish, Stanwood, Sultan and Tulalip • Conducted 4 sales missions to Vancouver BC, Olympia, Seattle, Boulder CO and Colorado Springs, resulting in 45 new leads for hotels and attractions in Snohomish County and distribution of 86 packets of information Edmonds City Council Approved Minutes April 23, 2013 Page 4 Packet Page 148 of 199 • 19 trade shows generated 13,773 direct leads and distribution of 3,764 tourism guides in 2012 • Assisted 44 groups with conference services distributing 1,600 guides to attendees • Group tour, meeting and event planner bids were prepared which resulted in 7,415 total definite room nights with an economic impact of $17.3million • Additional pending bookings at year end totaled 6,150 room nights and an additional $3.7 million of economic impact. • Primary decrease in economic impact due to recording Pacific Rim Gymnastics Championships in 2011 The sports market continues to be a significant segment contributing $15.4 million in economic impact. Recognition and awards included: • Finalist for NASC Member of the Year • Sports Events Magazine Readers' Choice Award for the 3rd year Ms. Spain reported on tourism development: • Ads generated 13,176 total requests for information in 2012 • Additionally, there were over 8,000 visits to RoomsAtPar/StayShopAndSave websites as a result of advertising presence • Media buys were placed in a variety of media outlets including Alaska Airlines in-flight magazine, North Sound Living, Outdoors NW, National Geographic Traveler, Budget Travel, Westworld, Vancouver BC newspapers and online sources • Website visitation to primary site was up over 2012 by 23%. Weddings website was up by 19% • 85,000 copies of an official visitor guide including seasonal calendars of events, and seasonally oriented articles on communities and attractions • Six issues of StoryLine were mailed to over 1,400 travel writers with each issue • Conducted a media sales mission to Vancouver, BC • Attended Society of American Travel Writers and Travel Media Showcase • Conducted media fams for 17 travel writers — Snohomish, Mukilteo, Tulalip, Edmonds, Everett, Stanwood, Monroe and all points in between • Sent 16 press releases • Over 160 media pitches and responses to writers and travel publications requests • 50 articles were published • Efforts resulted in $458,000 of free media coverage — up 4% • Increased usage of Flickr, Twitter, Facebook and Pinterest Jennifer Bravo, Visitor Services Manager, Snohomish County Tourism Bureau (SCTB), described continued partnerships with City of Snohomish, Snohomish Chamber of Commerce, Historic Downtown Snohomish and the Historical Society of Snohomish, City of Lynnwood Tourism and Parks & Recreation, as well as Alderwood Manor Heritage Association and SnoIsle Genealogical Society. She reported the north county Visitor Information Center (VIC) was closed due to limited visitor traffic and SCTB now manages the VIC at the Future of Flight and Boeing Tour facility. She provided a snapshot of visitors: • 48% from more than 50 miles away 0 10% from other Washington counties 0 23% from other states 0 15% from other countries • 52% from local area (including surrounding counties) Ms. Bravo explained they have over 100 volunteers who work at VICs as well as events in the community. She described events that volunteers participate in, training provided to volunteers, and three Edmonds City Council Approved Minutes April 23, 2013 Page 5 Packet Page 149 of 199 familiarization tours held in 2012 to Snohomish, Stanwood and Tulalip, and Lynwood and Edmonds that included tours of six lodging facilities from Edmonds to Arlington, Marysville and Mukilteo. Ms. Spain described industry education the Bureau provided: • Four countywide tourism related programs • Creation of two of six planned video training segments: o Aviation attractions o Shopping and gaming • Four additional video training segments planned in 2013 o Arts, Culture and History o Farms, Agriculture, Wineries and Distilleries o Outdoor Recreation o Spectator Sports • Creation of Tourism Bingo, a training program for frontline hospitality staff members • Two training familiarization tours held for frontline staff members at local hotels She reviewed 2013 initiatives: • Launch of the new destination brand • Launch new website • Four more training videos • Industry sector events/tours/tickets to train • frontline staff • New cyber tours • New itineraries, maps and promotions to assist visitors in exploring all of Snohomish County Jessica Voelker, Coordinator, Snohomish County Tourism Promotion Area (TPA), thanked the City and Council for their continued support of the TPA, and Mr. Clifton who serves on the TPA Board. She explained the TPA is a funding source established by the lodging industry to increase overnight stays in Snohomish County. The grant is open to applications from non-profit and for -profit organizations as well as municipalities. The grants can fund a wide range of expenses outside marketing and promotion such as facilities costs, bid fees and transportation. Grant applications are available online and are accepted on an ongoing basis; applications are due on the first of each month. She displayed the TPA's website, www.snocotpa.com. The website includes information on previously funded projects and eligibility requirements. Fourteen projects were funded in 2012 and an additional 14 have been funded to date in 2013. Four projects in 2012 affected Edmonds directly and two took place in Edmonds; these included: • Triple Crown Sports Memorial Day Tournament — more than 160 teams competed in a youth baseball tournament over a 3-day period o Four of the fields were in the Edmonds School District • Snohomish County Sports and Marketing Program • Write on the Sound Writers Conference • Edmonds Half Marathon — TPA Board recommended funding but the event was ultimately not eligible for reimbursement In 2013 there has been only one applicant from Edmonds; that applicant was not recommended for a TPA grant but she directed them to alternative funding sources such as the Lodging Tax Advisory Committee (LTAC) and the Hazel Miller grant. Three Edmonds programs were funded in 2012 via LTAC: Olympic Ballet, Edmonds Center for the Arts and Edmonds wayfinding signs. Ms. Voelker provided an educational flyer regarding applying for a financial grant via the TPA. Ideas for future funding in Edmonds from the TPA could include the development of new festivals, conventions, tech conferences, multi -day events and expos, a run or athletic event, state choir championship or multi - day sporting event. The TPA was designed to be flexible to provide resources to bring economic Edmonds City Council Approved Minutes April 23, 2013 Page 6 Packet Page 150 of 199 development and overnight stays to the City. She considered herself an advocate for the lodging industry as well as the community and is always available to meet personally with prospective applicants to discuss their projects before and during the application process. Councilmember Buckshnis referred to the 1% increase in visitor spending in Snohomish County and asked how that compared to other counties in the state and nation. Ms. Spain answered due to the closure of the State Tourism Office, any marketing in Washington State is done by individual destination marketing organizations. In 2012 the Seattle Visitor's Bureau was successful in creating a program similar to the TPA that generated $8 million that was used to advertise the region and Washington State. As a result, Seattle had a much higher increase in visitor spending. Tri-Cities received approximately $1 million in federal grants that was used for tourism promotion; they too saw an increase in visitors. She summarized the increase fluctuates by county. Snohomish County is typically in the top three in regard to visitor spending. She offered to provide the percentage for each county. Councilmember Buckshnis asked whether the SCTB interacted with the Economic Alliance Snohomish County. Ms. Spain answered Economic Alliance Snohomish County partners with SCTB on specific tourism -related projects. The Alliance's focus is on lobbying efforts and economic development. 8. DISCUSSION: PROPOSED CODE AMENDMENT TO INCREASE THE TIME FRAME FOR VALIDITY OF PRELIMINARY SHORT PLAT APPROVAL AS ESTABLISHED IN ECDC 20.75.100 (FILE NO. AMD20130002). Associate Planner Jen Machuga explained a subdivision into four lots or less is considered a short plat. Currently ECDC 20.75.100 limits the validity of preliminary short plat approval to 5 years. During that timeframe, the applicant would need to submit for civil review or provide the City with detailed engineering drawings showing proposed civil improvements associated with the subdivision. Following the City's review and approval of the civil plans, the applicant may either construct or bond for the civil improvements. At the end of that phase of the process, the applicant would then submit for final review where staff checks that all conditions of preliminary short plat approval have been met and the subdivision would be recorded with Snohomish County. In the past this process was completed by most applicants well under the five year time limit. However, the economic downturn caused unanticipated delays to several projects. Recognizing the impact of the economic downturn, State law was revised to increase the timeframe for the validity of formal plats, subdivisions into 5 lots or more, to 7 years for formal plats that received preliminary approval on or before December 31, 2014, after which the timeframe for formal plats will revert to 5 years. At the January 22, 2013 Council meeting a member of the public requested the City consider increasing the current 5 year timeframe for preliminary short plats to 7 years to provide applicants impacted by the economic downturn an opportunity to complete their projects. This was discussed with the Parks, Planning and Public Works Committee on February 11, 2013; the committee was receptive to potentially increasing the timeframe and forwarded the item to the Planning Board. The Planning Board held a discussion and a public hearing and recommended approval of extending the current short plat timeframe. Ms. Machuga stated the draft code provides reference to State law requirements regarding the timeframe for formal plats as well as new language related to the timeframe for short plats to increase the timeframe to 7 years for short plats that obtained preliminary approval on or before December 31, 2013, and a 5 year time frame for short plats that obtained preliminary approval on or after January 1, 2014. The draft code establishes the provision to extend the time limit to 2 years from the effective date of the ordinance for short plats that obtained preliminary approval on or after January 1, 2006 and would have expired prior to adoption of the ordinance. She pointed out a public hearing is scheduled on May 7; tonight is intended to provide the Council an overview prior to the public hearing and to answer any questions. Edmonds City Council Approved Minutes April 23, 2013 Page 7 Packet Page 151 of 199 Councilmember Buckshnis thanked staff for providing examples she requested of timeframes established for short plat approval for other cities. She expressed her support for moving forward. Councilmember Bloom commented the draft ordinance references RCW 58.17.140 but does not reference the specific time limits established. She asked whether the time limits could be included in the ordinance. City Attorney Jeff Taraday explained that provision of the RCW has changed multiple times in the last few years due to the economic downturn. Rather than amend the City's code whenever the Legislature changes the timeline, it is preferable to reference the applicable RCW. Councilmember Bloom asked the current time limits. Mr. Taraday answered it is as long as 9 years in some cases. Ms. Machuga commented the Legislature made a recent change to the RCW. 9. APPROVAL OF THE MAYOR'S REQUEST FOR AN ADDITIONAL PERIOD OF APPOINTMENT OF ROB CHAVE AS ACTING DIRECTOR OF DEVELOPMENT SERVICES TO INCLUDE JANUARY 1, 2013 THROUGH DECEMBER 31, 2013, AND CORRESPONDING OUT OF CLASS PAY. Councilmember Bloom commented her concerns are not related to Rob Chave as the Acting Director but with the process. She referred to the March 6, 2012 minutes in which Mayor Earling stated he understood the Council's interest in a policy change regarding a policy change regarding future appointments and pointing out this is an interim position to last no longer than the end of the year. Her concern was extending this again, relaying everyone dropped the ball by not funding the position in 2013. She recalled the Development Services Director position was vacated by Duane Bowman in 2007/2008. It is a key position that has been vacant for a long time; Mr. Chave has done the job of both the Planning Manager and the Development Services Director last year and was being asked to do it again this year. She wanted to ensure the Development Services Director position was funded during the 2014 budget process. Councilmember Buckshnis advised the out of class pay was included in the 2013 budget. Councilmember Bloom relayed her understanding that the Interim Development Services Director position was to end December 31, 2012. Therefore, the 2013 budget process should have included funds for a Development Services Director. Councilmember Buckshnis explained she was aware during the 2013 budget discussions that the position would not be filled due to budget constraints. She expressed support for appointing Mr. Chave to an additional period as the acting director. She suggested the Council discuss whether the Development Services Director position would continue as a vacant position or should be removed. Council President Petso agreed the action taken last year was to appoint an acting director temporarily through yearend and the action tonight is to appoint Mr. Chave to the position temporarily until the end of 2013. She was content to extend the appointment of Mr. Chave for the year and wait until the budget process to discuss the position further. At that time the Council may have levy results and the position could then be considered for restored funding. Council President Petso recalled when the Council discussed the appointment last year, there were questions about the process of appointing an interim director and revisions to Chapter 2. The Parks, Planning and Public Works Committee discussed that for two months and were to review it again but did not. She will schedule it for the next Parks, Planning and Public Works Committee meeting. Mayor Earling explained during the budget process he made a conscious decision not to seek a full-time Development Services Director position and continue with an acting director. He anticipated with benefits, the cost for that position would be $135,000 - $160,000/year. Had that position been filled, Edmonds City Council Approved Minutes April 23, 2013 Page 8 Packet Page 152 of 199 another full time position would have been eliminated. He assured Mr. Chave has done a spectacular job fulfilling that role during the past year and is willing to do so again this year. Councilmember Bloom wanted to ensure this issue is addressed because it is a key position and has many oversight responsibilities. She suggested considering other options to make that position work. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, THAT THE COUNCIL APPROVE THE MAYOR'S REQUEST FOR AN ADDITIONAL PERIOD OF APPOINTMENT OF ROB CHAVE AS ACTING DIRECTOR OF DEVELOPMENT SERVICES TO INCLUDE JANUARY 1, 2013 THROUGH DECEMBER 31, 2013 AND THE CORRESPONDING OUT OF CLASS PAY. MOTION CARRIED UNANIMOUSLY. 10. DISCUSSION REGARDING ALTERNATIVES FOR NON -REPRESENTED LONGEVITY COMPENSATION. Parks & Recreation/Human Resources Reporting Director Carrie Hite explained this is a continued discussion from July and September 2012, and the November 2012 Finance Committee. The City hired a compensation consultant last year to complete a salary survey and recommend nonrepresented compensation policy language which the Council adopted in September 2012. At that time the Council requested staff present options regarding longevity compensation to the Finance Committee. The packet includes a table of longevity compensation that represented employees receive. The Finance Committee discussed longevity compensation in February 2013 and recommended it be presented to full Council for discussion. The consultant's recommendation was to support some type of longevity compensation in consideration of, 1) the commitment of the tenure of City staff, 2) comparison with comparable cities and internal comparisons, and 3) recognizing the reduction in earning potential with the new nonrepresented employee salary ranges. If the Council chose to apply longevity compensation commensurate with SEIU and/or Teamsters, the financial impact to the City would be $37,413 with the current tenure of staff: 0 7 employed for 19+ years 0 6 employed 14-19 years 0 4 employed for 10-14 years 0 9 employed for more than 5 years 0 13 employed less than 5 years Ms. Hite requested direction from the Council regarding longevity compensation. Councilmember Fraley-Monillas commented the longevity pay for the represented groups is based on a package of compensation that each group negotiates. She was concerned with considering only one of the package items, longevity pay, for nonrepresented employees. She was also concerned that this was not the best economic climate to present this to the citizens. Ms. Hite explained a full package was presented to the Council with the results of the salary survey conducted by the compensation consultant. The Council pulled longevity compensation from the package and asked to have it discussed separately. For Councilmember Fraley-Monillas, Ms. Hite explained the compensation consultant made several recommendations. One was to place nonrepresented employees on a salary range progression as it was subjective when employees received steps or increases and the City was increasing its own liability without objectivity in the nonrepresented salary ranges. The salary ranges now mirror represented employees at 5%. Every nonrepresented employee was placed on a step and the steps are advanced by 5% subject to authorization of Council via the budget process. That recommendation was approved by Council. Edmonds City Council Approved Minutes April 23, 2013 Page 9 Packet Page 153 of 199 Another of the consultant's recommendations was cost of living adjustments (COLA) commensurate with union employees. The Council approved the Mayor including COLAs in the budget subject to Council approval/revision. In the salary comparisons with comparable cities, there were several compensation packages offered by other cities that Edmonds does not offer nonrepresented employees. For example, deferred compensation of 1% and 2%, which was not approved by the Council. Several cities offered 40 and 50 hours of management leave; the Council approved management leave of 24 hours. The consultant also recommended an educational incentive for commissioned police officers which was not approved by the Council. There was also discussion regarding employment contracts for director level positions and possibly other nonrepresented positions. She summarized the Council approved the 5% salary ranges/steps which reduced salary growth potential for nonrepresented employees by 50%, placed nonrepresented employees on steps and progressing through steps at 5% subject to Council approval via the budget process, Mayor -recommended COLA increases that are subject to Council approval, and management leave. Councilmember Buckshnis observed the longevity compensation would affect 26 nonrepresented employees. She observed the total impact on the budget was approximately $37,000 for the 26 employees on a percentage basis based on the table in the Council packet. She acknowledged these are trying times but some employees have been with the City for a long time. She expressed support for some type of longevity compensation due to the importance of a monetary reward for long time employees. Councilmember Peterson commented on the extra work done by staff due to the limited amount of staff. He supported longevity pay equal to SEIU, commenting that was a small price to pay for the loyalty, expertise and history of long time staff, an invaluable resource. This is especially an invaluable resource in an economy that is turning around; the City needs to retain its experienced staff as the job market becomes more competitive. Council President Petso inquired about the vacation benefit for nonrepresented employees, whether they received full vacation from day one. Ms. Hite answered directors start at one amount of vacation with no increase; other employees start at a low level that increases over time, commensurate with union employees. Council President Petso asked why would anyone want to be in a union if nonrepresented employees receive all the benefits given to union employees and even more for directors. Ms. Hite answered a union employee is a protected employee who can bump during layoffs; nonrepresented employees can be laid off at any time with no bumping rights. Union employees are able to earn comp time or overtime for hours over 40 hours/week which nonrepresented employees do not. In the past 1'/2 months there have been opportunities for 2 staff to promote within the organization from a union position to a non -union position and neither wanted to be a nonrepresented employee due to the vulnerability of those positions. As a result, recruitment was done outside the organization for those two positions. She summarized one of the advantages of considering the benefit package for nonrepresented employees is the ability to attract internal candidates. She expected that would continue to happen in the future. The Council had several discussions regarding nonrepresented compensation last year and there has been discussion by union employees who do not want to promote from within the organization. Councilmember Fraley-Monillas commented that was their choice. She reiterated nonrepresented employees received 24 hours of management leave, a 5% step and a COLA. She supported paying people a decent salary and paying what they were worth. But when the Council may be considering the possibility of a levy, she was not interested in adding longevity pay in addition to management leave, the 5% step and COLA. Edmonds City Council Approved Minutes April 23, 2013 Page 10 Packet Page 154 of 199 Council President Petso summarized there seems to some interest in presenting a draft longevity compensation proposal to the Council. Ms. Hite suggested if the Council made a decision tonight, it could be incorporated into the policy with policy changes presented to the Council to reflect longevity compensation. She clarified not all nonrepresented employees received management leave, only managers and directors. The other nonrepresented employees can request approval for hour -for -hour comp time. Councilmember Johnson asked whether the recommendation was for this fiscal year and if so, how would it be funded, or is it a recommendation for the next fiscal year. Ms. Hite responded the recommendation is a policy change and the funding source is year-end balance. The Council can decide when it would be effective. There are four options: 1. Effective retroactively to January 2013 2. Start it July 1 3. Include it in 2014 budget 4. Do nothing Councilmember Buckshnis asked if the compensation study provided a comparison of other cities. Ms. Hite replied the survey provided information from cities that responded to the survey request. Councilmember Buckshnis asked staff to provide a comparison of what other cities do for their nonrepresented employees. Council President Petso preferred the Council not take action tonight so that the Council could receive the information Councilmember Buckshnis requested and because this item was scheduled on the agenda as a discussion item. Not taking action tonight would also give Ms. Hite an opportunity to discuss the issue and the timing with the levy team. Mayor Earling summarized this item will be scheduled on a future agenda with the information the Council requested. 11. PARK IMPACT STUDY RESULTS Mayor Earling reported he attended the Washington Recreation and Park Association (WRPA) Annual Conference in Vancouver, Washington, where Edmonds received three awards: • Edmonds Floretum Garden Club • Best Facility — Hazel Miller Plaza • Edmonds' partnership with Mountlake Terrace and Lynnwood on 3`d grade swim lessons sponsored by Verdant Mayor Earling advised Ms. Hite is the President-elect of WRPA. Ms. Hite stated a press release will be issued to announce the awards. She explained the Floretum Garden Club received one of the highest awards that WRPA gives, a Citation of Merit — Organization. Ms. Hite explained the Council authorized the completion of a Park Impact Fee Study on March 6, 2012. The City hired a consultant, Randy Young, Henderson Young and Company, to prepare the study. Randy Young, Henderson Young and Company, explained a park impact fee is one way to augment funding of the capital cost of the City's park system and there are a number of options. He explained the initial mission was to identify the maximum defensible impact fee under Washington law that the City could choose to charge. Over 70 Washington cities have a park impact fee, many do not. His role was not as an advocate for a park impact fee but an expert resource in determining whether a park impact fee is appropriate for Edmonds. Mr. Young provided a definition of an impact fee: a one-time payment paid by new development for capital costs of facilities needed by new development. He identified reasons to charge impact fees: Edmonds City Council Approved Minutes April 23, 2013 Page 11 Packet Page 155 of 199 Revenue: for public facilities Policy: growth pays a portion of costs so taxpayers don't pay the whole cost Quality of life: public facilities keep up with growth To the question of why Edmonds needs an impact fee when Edmonds is built out, Mr. Young pointed out: • Conversions from single-family to multi -family, and/or construction of multi -family • Population growth next six years = 1,237 • Transportation impact fees collected in Edmonds for 2004 — 2010 = $ 571,872 Mr. Young reviewed the rules for impact fees: 1. Fair Share= growth only, not deficiencies 2. "Reasonably needed", "proportionate share" = fee proportional to impacts 3. Credits = no double charging (e.g. need to consider funding in CIP) 4. "Cannot rely solely on impact fees" = cannot charge 100% of growth's costs He reviewed what impact fees can/cannot pay for: • Can pay for "system improvements" in adopted CIP • Cannot pay for "project improvements" (i.e., common areas of the development) • Cannot pay for repair, replacement, renovation • Eligible land and facilities include parks, open space and recreation facilities Factors in the calculation of park impact fee include: 1) Growth forecast; 2) Cost per "person;" and 3) Impact fee rates Growth Forecast Mr. Young displayed and reviewed forecasts for population growth forecasts for 1940- 2025 (table 2, page 10 of study) from the City's adopted Comprehensive Plan and employment growth forecasts (table 3, page 11) from the Puget Sound Regional Council for 2000-2025. He explained the proposed impact fee could be charged to residential as well as businesses. He displayed and reviewed a Growth of Equivalent Population and Employment by land use category. A coefficient is determined based on the number of hours an employee works, type of business, amount of time they work in the City and the number of customers they attract. He summarized the total 2011-2025 Growth Equivalent Population was 5,880. Cost per Person Asset Inventory and Capital Value (table 5, pages 14-15) Acres Land Value Improvement Value Total Value 210.4 1 $64,887,480 $15,486,982 $80,374,372 Value of Parks per equivalent Population (table 6, page 15) Total Value of Current (2011) Capital Value per Edmonds Parks Equivalent Population Equivalent Population $80,374,372 - 45,314 = $1,773.71 Value of Parks Needed for Growth (table 7, page 16) Capital Value per Growth of Value Needed Equivalent Population Equivalent Population for Growth $1,773.71 x 5,880 = $10,429,210 Investment Needed in Parks for Growth (table 8, page 17) Value Needed Value of Existing Investment Needed for Growth Reserve Capacity for Growth $10,429,210 0 $10,429,210 Edmonds City Council Approved Minutes April 23, 2013 Page 12 Packet Page 156 of 199 Investment in Parks to be Paid by Growth (table 9, page 18) Investment Needed City Investment for Investment to be For Growth Growth @ 30.33 % Paid by Growth $10,429,210 - $3,163,265 = $7,265,945 Growth Cost per Person (table 10, page 19) Investment to be Paid Growth of Equivalent Growth Cost Per by Growth Population Equivalent Population $7,265,945 - 5,880 = $1,235.73 Impact Fee Rates Impact Fee Der Unit (table 11. Dafie 19) Type of Development Growth Cost Per Equivalent Person Equivalent Population Coefficient Unit of Development Impact Fee Per Unit of Development Residential — single family $1,235.73 2.2125000 Dwelling unit $2,734.05 Residential — multi -family $1,235.73 1.8937500 Dwelling unit $2,340.16 Retail $1,235.73 0.0020038 Square foot $2.48 Office $1,235.73 0.0005056 Square foot $0.62 Manufacturing $1,235.73 0.0005814 Square foot $0.72 Construction $1,235.73 0.0001986 Square foot $0.25 Mr. Young referenced tables in the appendix that were used to create the Equivalent Population Coefficient: Employee Hours in Location (per employee) — Table A-1, page 21, Visitor Hours in Location (per employee) — Table A-2, page 22, and Table A-3, page 22. Mr. Young reviewed potential revenue from park impact fees: • Equivalent population population growth to 2025 = 5,880 • 5,880 growth - 12 years = 490/year • 490 x $1,235 = $605,000 / year Mr. Young provided a comparison of park impact fees for single family for Edmonds and peer cities: $ 6,404 Issaquah $ 2,438 Mukilteo 5,933 Mill Creek 2,329 Kenmore 4,579 Monroe 2,000 Bellevue 4,305 Duvall 2,000 Brier 4,150 Snohomish 1,879 Mountlake Terrace 3,845 Kirkland 1,726 Woodinville 3,175 Sultan 1,662 Arlington 3,100 Redmond 1,345 Bothell 2,734 Edmonds 1,251 Marysville 427 Mount Vernon Mr. Young explained the impact fee rate study provides sound basis for park impact fees, but Edmonds has options: 1. Residential only, not commercial • Removal all data about employment • Revise cost per person • Do the math to calculate new rates Example: Edmonds City Council Approved Minutes April 23, 2013 Page 13 Packet Page 157 of 199 Type of Housing Rate if both Residential and Business Rate if Only Residential $ Difference % Difference Single family $2,734 $3,320 $586 21.4% Multi -family $2,340 $2,842 $502 21.4% 2. Reduce rates across the board • Identify the rate that concerns the Council the most (i.e. multi -family at $2,340) • Identify the amount the Council is willing to charge (i.e. $1800) • Divide the "willing" rate by the full rate ($1,800 _ $2,340 = 77% • Apply the same % to all other rates Example: Type of Housing Unit Full Rate in Study Rate @ 77 % Single family Dwelling unit $2,734 $2,105 Multi -family Dwelling unit $2,340 $1,800 Retail Square foot 2.48 $1.91 Office Square foot 0.62 0.48 Manufacturing Square foot 0.72 0.55 Construction Square foot 0.25 0.19 3. Phase in rates over 2 or more years • Select the final rate when fully phased in • Select the beginning rate for the first year • Select the number of years for phase in • Do the math and create the phasing schedule Example: Type of Housing Unit Year 1 @ 80 % Year 2 @ 90 % Year 3 @ 100 % Single family Dwelling unit $2,187 $2,461 $2,734 Multi -family Dwelling unit 1,872 2,106 $2,340 Retail Square foot 1.98 2.23 2.48 Office Square foot 0.50 0.56 0.62 Manufacturing Square foot 0.58 0.65 0.72 Construction Square foot 0.20 0.23 0.25 4. Exempt low-income housing • Adopt definition of "low income housing" • Identify timing of paying for exempted fees • Identify source of paying for exempted fees Student Representative Walker Kasinadhuni referred to option 1 where businesses are exempt from paying impact fees and asked why the same could not be done for low income housing. Mr. Young answered choosing not to charge business is not an exemption under the statute. It would be a finding by the City Council that the impact of the business community on the parks systems is not enough to require they pay an impact fee. There is explicit authorization in the statute for exemptions for low income housing and other broad public purposes which has come to mean something like exempting the school district from the transportation impact fee. Mr. Young continued his review of options: 5. Increase revenue from other sources • Identify other sources that could be raised such as grants, local taxes, bonds • Determine the amount that can be raised • Revise the 30.33% city investment Edmonds City Council Approved Minutes April 23, 2013 Page 14 Packet Page 158 of 199 6. Do not adopt park impact fees • Raise other revenue o Consequence is growth pays less, taxpayers pay more • Reduce level of service o No new parks, quality of life is reduced Mr. Young explained the purpose of tonight's presentation was to take Council comments, questions. Next steps include finalizing the impact fee study and, if the Council is interested in proceeding, preparing a draft ordinance and holding a public hearing. City Attorney Jeff Taraday commented there are a lot of unknowns with regard to how the courts will treat impact fee assumptions in Mr. Young's presentation. His reaction was it was an extremely conservative approach to impact fees. For example, the 30% reduction for other funding, there is nothing in State law that requires all grant funds to be excluded from the impact fee calculation. He did not necessarily think the maximum fee Mr. Young stated the City could charge would be the maximum but it was a way of looking at it. Mr. Young concurred, suggesting if the 30% were not included in the calculation, the Council could indicate the grant funds would be used for repairs and maintenance that are not intended to serve new development. Councilmember Buckshnis requested a copy of Mr. Young's PowerPoint. She asked what other cities do not charge a commercial park impact fee. Mr. Young responded out of 74-75 cities that charge a park impact fee, only 10 charge a commercial impact fee (Redmond, Mountlake Terrace (only Town Center), Arlington, Tukwila, Poulsbo, Linden, Pasco, Burlington, Sumner, Ephrata, and Zillah). Councilmember Buckshnis asked what cities have a reduced rate. Mr. Young answered many cities discount the rate rather than phase it. Councilmember Buckshnis asked how the rate was reduced. Mr. Young answered there was no law or case law about how to make a reduction but all the rate categories must be reduced by the same percentage. Councilmember Peterson observed Mountlake Terrace only charges a park impact fee for businesses in the Town Center. He asked if the City could be divided into residential zones where the park impact fee would not be charged. Mr. Young answered yes, referring to RCW 82.02 that states the city shall identify one or more service areas for its impact fees. For example many cities divide their city into zones for a transportation impact fee. Edmonds could be divided into zones; there would need to be a rational basis for calculating the different rates. Another unintended consequence of creating too many zones is no zone collects enough to build a park. When a city is divided into zones, the funds collected must be used in the zone where they are collected. Councilmember Peterson asked whether the park impact fee could be less if there were incentives in the City's code for small units such as 700 square feet. Mr. Young answered the square footage data set is pretty thin other than the annual American Housing Survey (AHS). His proposal is very conservative; the highest defensible. The smallest size increment available from AHS data set is 1400 square feet which would mean any construction 1400 square feet and below would not pay the park impact fee. Councilmember Peterson asked if it was appropriate to be doing the PROS Plan update concurrently with a park impact fee study. Ms. Hite stated it is ideal to do them concurrently. The current PROS Plan does not identify future growth needs, only deficiencies. The PROS Plan update can address the current and future level of service. Councilmember Peterson asked if funds collected from a park impact fee could be used for a park anywhere in the City. Mr. Young explained the value per capita approach allows the funds to be used for Edmonds City Council Approved Minutes April 23, 2013 Page 15 Packet Page 159 of 199 neighborhood, citywide or area -wide parks. Not adopting service area zones recognizes that residents/businesses use parks citywide. He summarized park impact fees are not based on actual use but accessibility/availability. Conversely transportation impact fees are based on actual use using data sets for individual land uses. Councilmember Peterson asked if a retail only zone could be exempted. Mr. Young replied the only way to exempt a zone is to never build another park in the zone or direct all grant funds to parks in that zone. Councilmember Johnson noted park impact fees could not address deficiencies. The Capital Facilities Plan includes approximately six projects with funding of $34 - 60 million in the 2019-2025 timeframe. She asked how that fit into a park impact fee. Mr. Young stated to meet the requirement to consider other funds, the City's short and long term planning documents and the funding mechanisms were considered. Councilmember Johnson advised all of the City's REET funds are dedicated to parks. She inquired the amount of capital funding that would be available if Parks Capital REET funds are excluded. Ms. Hite clarified REET 1 is not dedicated to parks; it is dedicated to City infrastructure and currently is paying for City Hall, Edmonds Center for the Arts, seismic upgrade at Frances Anderson Center, and debt service on Marina Beach. The remainder is used for City infrastructure. The first $750,000 of REET 2 is dedicated to parks; the remainder is dedicated to streets. Projects funded by the $750,000 Parks capital in the next six years include playground replacements, resurfacing basketball and tennis courts, trail improvements, tree removal and pruning, etc. In 2013, $500,000 is allocated to match a $500,000 State grant to revitalize City Park with a spray pad, playground equipment, etc. Cutting those capital funds would have a very large impact on parks. Park impact fees are not intended to supplant those funds; they are for future growth. Mr. Young explained the 30% was determined by a precise analysis; Ms. Hite reviewed projects on the capital projects list to identify projects that add capacity and would be eligible for a park impact fee. The projects that were not eligible and the associated funding were not included in the calculation. The 30% is funds for projects that are capacity -adding. Ms. Hite provided an example of a project in the CFP that was included in the 30%, the Woodway Fields project, which adds capacity for the current, future and regional population. The first phase of that project is $4 million. Council President Petso asked whether Esperance was taken into account as it is in Edmonds' GMA planning area. Mr. Young answered the study considered current city limits only. Councilmember Buckshnis commented many citizens think the Port is responsible for the Edmonds Marsh when it is actually the City. She asked if park impact fees could be utilized to daylight Willow Creek or restoring the marsh. Ms. Hite replied the marsh rehab has been identified as a deficiency in the current system but it will also benefit future residents. She recalled a 50% factor was used for the marsh rehabilitation. She noted there was not a great deal of funding in the CFP for the marsh at this time. Councilmember Buckshnis asked if the marsh study needed to be completed first. Ms. Hite agreed it did. Councilmember Bloom asked if there were other housing types that could be exempted from park impact fees such as green buildings. Mr. Young advised there are two specific authorized exemptions in the statute, low income housing and other broad public purposes. There is no case law or Hearing Examiner rulings regarding broad public purposes. A few cities are pushing the envelope but because he was conservative and did not want to put his clients at risk, he suggested having that conversation with the City Attorney. Mr. Taraday said he would generally agree. As a practical matter, because the City has to pay itself the impact fee for anything it chooses to exempt, the City cannot afford to push the envelope too far. The Council has a great deal of discretion regarding what it chooses to exempt via other broad public purposes. With regard to Esperance, Mr. Young explained typically studies are done on existing city limits. Olympia negotiated with Thurston County for a reciprocal impact fee outside their city limits. Following a recent annexation that increased their population by 40%, he suggested Kirkland talk to their City Edmonds City Council Approved Minutes April 23, 2013 Page 16 Packet Page 160 of 199 Attorney about using the existing impact fee rates until a new study can be conducted. The other alternative would be a moratorium on building permits in the annexed area until a new study is conducted. Councilmember Johnson noted the Yost Pool project in the CFP has a range of $5 — 23 million and several other projects have ranges. There is also a $5 million placeholder in the CFP for an art museum. She asked how the lack of certainty in the CFP was considered. Mr. Young answered in the instances where there were ranges, he discussed with Ms. Hite whether to use the top or mid -point of the range. Councilmember Johnson suggested if the park impact fee is done concurrently with the PROS Plan, more certainty could be provided in those project estimates. Ms. Hite stated all the CFP projects will be reviewed including a public process to prioritize projects and to refine cost estimates. For example the aquatics study includes a range but the adopted preference is an $8 million project which was used in the park impact fee study. If the Council agreed a park impact fee had merit, Ms. Hite recommended scheduling a public hearing and she will prepare a draft ordinance. Councilmember Buckshnis suggested a Council committee review it first to discuss the six options. Council President Petso requested Councilmembers submit comments to Ms. Hite via email. If a consensus emerges from the comments, it can be scheduled for full Council. If there are conflicts, she will schedule review for Council committee. Mayor Earling announced Item 13 would be deferred to the May 7 meeting. He declared a brief recess. 12. DISCUSSION: SHORELINE MASTER PROGRAM UPDATE Senior Planner Kernen Lien explained his presentation tonight will focus on how the Shoreline Master Program (SMP) update affects single family development and the Meadowdale Marina. He described the SMP's relationship to other plans and regulations: • 24.10.030 — Relationship to Other Plans or Regulations o SMP is adopted element in Edmonds Comprehensive Plan o SMP works in tandem with rest of ECDC ■ Uses, developments, and activities must comply with ECDC and SMP ■ SMP prevails where there are conflicts He explained the draft SMP includes 11 shoreline environmental designations; of those 11, 3 are shoreline residential development: • Shoreline Residential I o North Edmonds east of railroad, RS-12 & RS-20 zoning • Shoreline Residential II o East of railroad, RS-6 zoning • Shoreline Residential III o Lake Ballinger, RSW-12 The main permit for shoreline is Shoreline Substantial Development Permit. • Single family residences is a preferred shoreline use (RCW 58.17.020) • Most single family developments exempt for shoreline substantial development permit process; however, • Single family development must still comply with the regulations within the SMP Edmonds City Council Approved Minutes April 23, 2013 Page 17 Packet Page 161 of 199 He identified shoreline exemptions: • Single family residence and associate appurtenance • Construction of the normal protective bulkhead common to single-family residences Construction of a dock o < $2,500 in salt water o < $10,000 in freshwater Mr. Lien reviewed the following: • Residential Development ECDC 24.60.070: o New residential development must be consistent with Comprehensive Plan, zoning restrictions, and shoreline area designations o Public access must be considered with subdivision of four or more lots o Shared docks with subdivision of two or more lots Docks ECDC 24.50.030: o Prohibited substances o Not more than five feet above water o Not to exceed 25% of lot width o Located 10 feet from side property line o Shared docks can be located on a property line o No more than 400 square feet Shore Stabilization (Bulkheads) ECDC 24.50.020 o New development designed so bulkheads are not needed o Locate landward of ordinary high water mark o Soft methods preferred over hard methods Mr. Lien reviewed CAO integration: • 24.40.020 — Critical Areas • GMA vs. SMA • SMA rules within shoreline jurisdiction, CAO applies outside of shoreline jurisdiction • CAO Integration Options 1. Copy specific sections of CAO into SMP 2. Reference a specific CAO addition noting which CAO provisions will not apply to the SMP 3. Include portions of the CAO as an appendix to the SMP • City pursued options two and three • 24.40.020.D — CAO Exceptions o General provisions o Wetlands • 24.40.020.0 — CAO Provisions allowed with Shoreline variance Mr. Lien displayed and reviewed an image of Lake Ballinger. He provided the following information regarding wetlands: • Lake Ballinger ringed by wetlands • CAO Buffer (ECDC 23.50.040) o Category III = 50 feet o Category IV = 35 feet • SMP wetland buffers (ECDC 24.40.0201) o Category III = 60 feet base (+ 45 to 105 feet) o Category IV = 40 feet • Variance required to reduce buffer more than 25% Mr. Lien noted in addition to the above buffers, there is a 15-foot building setback. Edmonds City Council Approved Minutes April 23, 2013 Page 18 Packet Page 162 of 199 Councilmember Buckshnis asked how habitat is scoring. Mr. Lien advised it is contained in 24.40.020.F. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO EXTEND THE MEETING FOR 1/2 HOUR. MOTION CARRIED UNANIMOUSLY. Mr. Lien commented on the bluff setback: • Standard setback is 50 feet plus 15 feet building setback • Shoreline variance required to build closer For Councilmember Bloom, Mr. Lien explained for a Category III wetland, the buffer would be a 60 foot base, and a habitat score of 20-30 would add another 45 feet for a total of a 105 foot wetland buffer. Councilmember Bloom asked how the habitat was scored. Mr. Lien answered it is done by a wetland biologist. The wetland biologist considers the hydrology, soils, and plants as well as the size of the wetland and the quality of the plant community to develop a habitat score. Councilmember Bloom asked how an applicant seeks a variance. Mr. Lien answered shoreline variances are approved by the Department of Ecology (DOE). The City would hold its process including review and decision by the Hearing Examiner which would be forwarded to the DOE. Shoreline substantial development permits do not require approval by DOE. Councilmember Bloom asked if that applied to only new construction. Mr. Lien answered staff's thinking was redevelopment within the developed footprint would be allowed such as in Harbor Square. If development is not allowed within the developed footprint and development must comply to adopted standards, that would apply to properties on Lake Ballinger as well as redevelopment at Harbor Square. When the SMP was drafted and staff consulted with DOE, the thought was and the way the SMP is drafted is redevelopment could occur within the developed footprint. Discussions with the City Attorney indicated the language in the SMP and COA may not be sufficient. Mr. Lien explained within the CAO, a buffer width reduction can be done without a variance process. Within the shoreline jurisdiction, the CAO does not rule, the SMP rules. Therefore a reduction of the buffer below 25% would require a variance process. When the regulations were drafted and the CAO was updated in 2004/2005, the intent was redevelopment could occur as long as it was in the developed permit. Best Available Science (BAS) for the CAO addresses development and developed footprint. When that language was transferred to code from BAS to CAO, it states additions to structures. If the interpretation is development cannot occur within the developed footprint, demolition and rebuilding would be required to meet the buffer setback. Councilmember Bloom asked if this was different or the same as Harbor Square. Mr. Lien replied with regard to development in the developed footprint, what applies here would apply to Harbor Square and vice versa. He clarified the intent was redevelopment could occur within the developed footprint. Mr. Taraday explained this is a policy question; staff is proposing a policy whereby redevelopment would be allowed in an existing footprint. He was uncertain the proposed language actually effectuates that policy choice. If that is the Council's policy choice, the language needs to be tightened. For Councilmember Bloom, Mr. Lien explained the standard in drafting the SMP is no net loss of ecological functions over the current conditions. Redevelopment within the previously developed footprint meets the standards of the SMA and the CAO. The intent when the SMP regulations were drafted was to allow redevelopment in the developed footprint. Some jurisdictions have used a straight setback and no buffers and DOE has indicated that meets the requirements of the SMA. Edmonds City Council Approved Minutes April 23, 2013 Page 19 Packet Page 163 of 199 Mr. Lien explained there was a change in the Shoreline designations from the existing SMP to the proposed SMP for Meadowdale Marina. The current shoreline designation of the Meadowdale Marina is Urban Mixed Use, the Comprehensive Plan designation is Mixed Use Commercial and the zoning is Commercial Waterfront, the same as the Port area. The proposed shoreline designation is Aquatic I. He provided the history of the shoreline designation: • Aquatic Environment — New environment consistent with SMP Guidelines (WAC 173-26) • Shoreline designation reviewed by TAC • TAC notes mention designating upland area associated with Haines Wharf as Urban Mixed Use • There are no upland areas associate with the site He described the two aquatic designations and identified areas on the waterfront and Lake Ballinger: • Aquatic I (Low Intensity) • Aquatic II (High Intensity) Mr. Lien described Meadowdale Marina Permitting: • Shoreline substantial development permit issued in 2005 (SM-05-94) to reconstruct pier • Two years to start, five years to finish project • Time begins other permits have been obtained • Other required permits: HPA, Army Corps, Railroad Crossing, Building Permits • SM-05-94 still a valid permit • Proposed change to SMP: Applicants have 5 years to obtain other require permits Mr. Lien summarized he hoped tonight would be the last work session on the SMP and a public hearing could be scheduled. Hearing no further questions, Mayor Earling suggested Mr. Lien work with Council President Petso to schedule a public hearing. 13. POSSIBLE ACTION REGARDING DRAFT RESOLUTION ADOPTING ROBERT'S RULES OF ORDER AS THE CITY COUNCIL'S NEW RULES OF PROCEDURE This item was deferred to the May 7 meeting. 14. REPORT ON OUTSIDE BOARD AND COMMITTEE MEETINGS Councilmember Peterson reported members of the Lake Ballinger Forum had a successful trip to Washington DC with the lobbyist. They met with Senator Cantwell and Congressman Larsen regarding funding from the Water Resource Development Act to address flooding and water quality issues in Lake Ballinger. Councilmember Fraley-Monillas reported the main topic of the recent South County Cities meeting was outdoor recreation area plans for Monroe, Sultan and Gold Bar. In Monroe their stormwater runoff flows into manmade lakes; this summer wakeboarding will begin on the stormwater lakes. The meeting also included discussion regarding economic development in an industrial area in Monroe. She noted none of the buildings were over 35 feet; Monroe's City Manager indicated they did not find building heights over 35 feet necessary. Monroe's proposed City Hall will be taller and will combine offices for the city and the school district. Monroe is also attracting businesses; an electronic assembly business opening this summer will employ 350 people. Councilmember Buckshnis reported Snohomish County Tomorrow passed their GMA population targets for 2035. Woodway submitted a letter of objection because Pt. Wells which is within their MUGA was to provide a population of 1300. Edmonds City Council Approved Minutes April 23, 2013 Page 20 Packet Page 164 of 199 Councilmember Buckshnis reported Governor Inslee's budget includes $80 million for Puget Sound Acquisition and Restoration funding. WRIA 8 recommended a study of the marsh. WRIA 8 is meeting with the technical committee on May 1 to discuss funding. Councilmember Yamamoto reported SnoCom is still in a formal dispute regarding the New World System. If resolution is not reached by July, it will advance to step 2 of 3. Councilmember Bloom reported on the April 17 Economic Development Commission meeting: • Update from the Technology Committee o Harbor Square has been wired o Avertec on 5"' Avenue will be served o Europe through the Back Door is extending fiber to their other building. o Edmonds Conference is being wired o Working to attract tech businesses o Developing a marketing strategy o Not focusing on the home market at this time due to the cost of wiring individual homes o An RFP/RFQ is being prepared for the half-time position to market fiber optics Strategic Plan o Strategic action items where the Port, Chamber and Senior Center are the lead have been forwarded to them o The Strategic Action Planning Committee will review and prioritize the actions o Discussed the EDC's role in implementation of the Plan including the EDC championing, monitoring or tracking progress on implementation o Discussed narrowing the list of actions that are pertinent to the EDC's mission such as revenue generating items o The subcommittee will form a list of priorities to discuss at the next meeting. • Tourism Update o Discussed Bed & Breakfasts in Edmonds and why there are so few o A report was given regarding casino gambling and a decision was made not to pursue it due to State law that allows cities to allow/prohibit gambling but not zone for gambling • Land Use Update o The subcommittee discussed land use incentives o Snohomish indicated a waiver of hotel/motel tax was not effective • Coal Train o EDC will continue to monitor but will not take a position • Communications Subgroup o The next meeting will focus on disseminating research done by the EDC and getting information into the public domain. Councilmember Bloom advised she has been asked to make a more extensive report to the Council regarding the EDC's work. With regard to the Tree Board, she encouraged citizens to apply for the two vacancies on the Tree Board. The April 27 Arbor Day celebration will include tree benefit tags hung on trees in downtown Edmonds. The Tree Board also plans to have a booth at the May 4 Garden Market. 15. MAYOR'S COMMENTS Mayor Earling reported he went to Olympia last Friday along with Mayor Stephenson and Mayor Nearing in an attempt to get a broader array of Snohomish County transportation projects included in the House Transportation package. Representative Marko Liias was successful in passing an amendment that included several transportation projects including the $10 million Highway 99 Improvement project. Edmonds City Council Approved Minutes April 23, 2013 Page 21 Packet Page 165 of 199 16. COUNCIL COMMENTS Councilmember Buckshnis reported the Senior Center is holding its annual Health Fair on Friday, April 26 from 10:00 a.m. to 2:00 p.m. The Lions Club will provide free vision, hearing, glaucoma and diabetes screening. With regard to Item 3H on tonight's agenda, Councilmember Buckshnis reported Mr. Hertrich hung up on her when she asked him what 25 + 5 equals. She emphasized 25 + 5 = 30 feet; the height limit in the BD zones in downtown Edmonds has not been raised. The only change was to remove the 15-foot step -back. Councilmember Fraley-Monillas requested Mr. Taraday address Ms. Fimia's questions. Mr. Taraday explained RCW 43.21.C.420 does not apply; it is an optional process that involves adoption of a subarea plan as well as adoption of development regulations. Development regulations were not proposed at the time the Council was considering the Harbor Square subarea plan. That statute is intended to create a streamlined process for permitting transit oriented development whereby a city adopts a subarea plan as part of its Comprehensive Plan, adopts development regulations, does an EIS and informs the public to bring any SEPA appeals. The process in RCW 43.21.C.420 is an optional process that the City was not utilizing although some in the public believe the Council was required to utilize it. Councilmember Johnson reported the Garden Market begins on Saturday, May 4. 17. CONVENE IN EXECUTIVE SESSION REGARDING PENDING LITIGATION PER RCW 42.30.110(1)(i). This item was removed from the agenda via action under Agenda Item 1. 18. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. This item was removed from the agenda via action under Agenda Item 1. 19. ADJOURN With no further business, the Council meeting was adjourned at 10:35 p.m. Edmonds City Council Approved Minutes April 23, 2013 Page 22 Packet Page 166 of 199 FINAL December 4, 2012 PERSONNEL POLICY NON -REPRESENTED EMPLOYEE COMPENSATION The City's non -represented compensation policy strives to maintain equity, by offering competitive salaries and benefits in order to attract and retain high quality staff and an effective work force. It is the policy of the City for the classification and compensation plan to provide salaries that compare favorably with other similar cities in the region for comparable jobs, and within budget limitations. It is also the policy of the City to strive to maintain salaries that are internally equitable, in proper relationship to all other jobs within the City, within reasonable budget parameters. SALARY RANGE PROGRESSION Salary ranges for non -represented positions will have a 35% spread from the bottom to the top of each salary range, and will include a seven -step scale with 5% between each of the steps. All new employees will generally be hired at the first step of their salary range; however, an entry level rate of pay above the minimum may be offered to an applicant whose education and experience exceed the minimum qualifications for the classification, or when external labor market pay practices impact recruitment. Initial step placement at higher than Step 3 of the salary range is subject to approval by the Mayor prior to the offer of employment. Employees are advanced to the next salary step increment after satisfactorily completing the first six months of probation. After this, employees advance to the next step in the salary range on the January following their anniversary date and each succeeding January after a concurrent satisfactory performance evaluation has been completed by their supervisor, until reaching the maximum step. An employee who fails to achieve at least a satisfactory overall rating on their annual performance evaluation shall not be eligible for a step increase until their next performance evaluation rating period. In the event of promotion of a non -represented employee to another non -represented job classification in a higher salary range, the employee will be placed on the first step of the new salary range or the lowest step in the new range that results in an increase to their current salary. After this, the employee would follow the salary range progression described above for new employees. To ensure internal equity, employees promoted from a represented position to a non - represented position in a higher pay range, will be placed on the first step of the new salary range, or the lowest step in the new range that results in an increase to their current salary, including consideration of other cash compensation being received in the former position. After this, the employee would follow the salary range progression described above for new employees. Non -represented Compensation Policy December 4, 2012 1 Packet Page 167 of 199 In the event of a lateral placement of a non -represented employee to another non -represented job classification in the same pay range, the employee will not receive a salary increase. ANNUAL SALARY ADJUSTMENTS The Mayor will recommend the adjustment of salary ranges for non -represented employees to the City Council for approval as part of the budget process, effective January 1 of each year. The Mayor's recommendation will take into consideration the average adjustment negotiated and approved for represented employee groups. Each employee will maintain the same step within the newly approved salary range that they held prior to the adjustment. In addition, the City will attempt to mitigate compression issues as they arise. The Mayor will make appropriate and timely recommendations to City Council to maintain internal equity and prevent compression issues. MARKET ANALYSIS The Human Resources Department will conduct compensation surveys for each non - represented benchmark position no later than September 1, every three years. The following criteria will be used for determining which cities are comparable for the purposes of analyzing and comparing compensation ("Qualified Comparable Cities"): Comparable cities must be located in Snohomish, King, Pierce, Thurston, or Kitsap counties; and Comparable cities will include all cities with a population that is no more than 10,000 over or no more than 10,000 under the population of the City of Edmonds according to the most recent population figures published by the Washington State Office of Financial Management or a similar successor government agency; and The application of the above criteria will be utilized to select a minimum of eight agencies that are closest in population to the City of Edmonds. If this process yields fewer than eight comparable cities (not counting Edmonds) for analysis during a particular year, additional cities shall be selected for analysis by adding an additional city or cities, up to eight, with agencies that are outside the 10,000 over/under criteria, but that are the next closest in population to the City of Edmonds, with the goal of having 50% of the cities with a higher population and 50% with a lower population than Edmonds. Additionally, private sector data will be gathered and considered where it is a significant factor in the City's competitiveness. Benchmark positions are those which are assigned clearly recognizable work at a well-defined level of responsibility, and for which comparable classifications are easily identified to ensure that sufficient data can be collected. Classifications that are selected as comparable for survey purposes must match the benchmark position by 80% in level of work and responsibility. Salaries for comparable positions that are not a complete match may be leveled up or down by a maximum of 20%, to adjust for differences in the level or scope of responsibility in work duties. Non -represented Compensation Policy December 4, 2012 2 Packet Page 168 of 199 Non -benchmark classifications (those for which there are not adequate comparable classifications) will be indexed to a corresponding City benchmark position, which is comparable in required qualifications, scope of work, and level of responsibility. Salary ranges for benchmarks will be determined by using the prevailing rates in the identified comparator cities. The City will be competitive within the defined market, but will not assume the position of a lead pay policy compared to the market; therefore the median or 50th percentile of the mid -range of salary data collected will be used to determine competitiveness. Every three years, based upon the survey data, the Mayor will recommend salary range market adjustments for non -represented positions to City Council. The Mayor will consider the following criteria in developing the recommendation: 1. Maintain the mid -point of each salary range between 5% high/low of the mid -point of the comparator city median. 2 Positions requiring adjustment will be assigned to the new salary range within the salary range table that places the position closest to the comparator city median. 3. Any employee whose actual salary falls below the newly adopted pay range minimum, shall be adjusted up to the new minimum upon adoption of the new pay ranges. 4. Any employee whose actual salary exceeds the top of the approved salary range, will have their salary frozen until such time that market rates support pay range adjustment for their job classification. EXTERNAL/INTERNAL EQUITY To be more competitive in the market place, the City will provide non -represented employees who are ineligible for compensatory time with 24 hours of Management Leave annually. Management Leave will have no cash -out value and will not be carried over at the end of the calendar year. In addition, non -represented employees will receive longevity pay, based on total length of service with the City, in addition to their monthly rate of pay, and in accordance with the following rates; 5 years 0.5% of employee's monthly rate of pay 10years 1.0% of employee's monthly rate of pay 14 years 1.5% of employee's monthly rate of pay 18 years 2.0% of employee's monthly rate of pay Non -represented Compensation Policy December 4, 2012 Formatted: Font, (Default) Anal, 11 pt Formatted: Font, (Default) Anal, 11 pt Packet Page 169 of 199 AM-6064 City Council Meeting Meeting Date: 08/27/2013 Time: 30 Minutes Submitted By: Linda Hynd Department: City Clerk's Office Review Committee: Type: Information Subject Title Discussion regarding Code of Ethics. Recommendation Carrie Hite will provide an introduction. Previous Council Action Narrative Inbox Mayor Finalize for Agenda Form Started By: Linda Hynd Final Approval Date: 08/23/2013 Committee Action: Information Form Review Reviewed By Date Dave Earling 08/23/2013 02:03 PM Linda Hynd 08/23/2013 02:08 PM Started On: 08/23/2013 01:39 PM it. Packet Page 170 of 199 AM-6056 City Council Meeting Meeting Date: 08/27/2013 Time: 30 Minutes Submitted By: Frances Chapin Department: Parks and Recreation Committee: Type: Action Information Subiect Title Public hearing for approval of Five Corners Roundabout public art selection. 12. Recommendation Approval of Art Selection recommended by the Edmonds Arts Commission following the public hearing and recommendation to submit artist contract on consent agenda on Sept 3. Previous Council Action March 19, 2013 City Council approved the Request for Qualifications for Artists for the Five Corners Roundabout project, with a project budget of $25,000. August 13, 2013 the PPP Committee approved sending the recommendation to the full Council with a public hearing. Narrative The Public Art process specifies that the recommendation of the Edmonds Arts Commission for an artist proposal for a major public art project be presented at City Council with a public hearing. The recommendation will be introduced by the Arts Manager with a presentation by artist CJ Rench, followed by a public hearing. In March the City Council approved the Request for Qualifications for Artists for the Five Corners Roundabout project recommended by the Edmonds Arts Commission with a budgeted amount of $25,000 in the 2013 budget. In accord with the City Public Art process, a selection committee consisting of one City Council representative, an Arts Commission representative, a member of Engineering staff, a citizen from the general neighborhood, a representative of the Five Corners business district, and an arts professional, reviewed the 22 entries received and selected three artists to develop site specific designs. On July 25 the three design proposals were presented at a Selection Committee meeting advertised in the local press as open to the public. The three artists presented their proposals and public comment was taken verbally and in writing at the end. Twelve members of the public attended. The majority of comments from the public indicated a preference for the proposal Drawn to Water - Connected by Community by CJ Rench. After reviewing all three proposals and comments the Selection Committee recommended selection of the proposal by CJ Rench. The recommendation was presented to the Edmonds Arts Commission on August 5 and a motion was approved to recommend the proposal by CJ Rench to the City Council for approval following a public hearing. The artist will make a presentation at Council of his proposal, including some minor changes from the original concept in response to comments from the Selection Committee. Attachments Packet Page 171 of 199 Five Corners Art RFQ Proposal Summary Rench 8-13-13 PPPCommittee meeting minutes Inbox Reviewed By City Clerk Linda Hynd Mayor Dave Earling Finalize for Agenda Linda Hynd Form Started By: Frances Chapin Final Approval Date: 08/22/2013 Form Review Date 08/22/2013 12:45 PM 08/22/2013 02:48 PM 08/22/2013 02:55 PM Started On: 08/21/2013 02:16 PM Packet Page 172 of 199 Computerized concept for Five Corners Roundabout Proiect (not final desien). FIVE CORNERS ROUNDABOUT PROJECT REQUEST FOR QUALIFICATIONS The City of Edmonds Arts Commission in partnership with the Public Works Department is seeking to commission an artist to design and fabricate artwork for the center area of the Five Corners Roundabout project at the intersection of 212t" St. and 84t" Ave. in Edmonds WA. Project budget: $25,000 Eligibility: Open established and emerging artists living in the Northwest Deadline: Monday, May 20, 2013 The City of Edmonds Arts Commission in partnership with the Public Works Department is seeking an artist or artist team to design and fabricate artwork for the Five Corners Roundabout project at the intersection of 212t" St. and 84t" Ave. An existing five -way stop intersection will be renovated with a new single lane roundabout. Located two blocks west of the main high school and Swedish Edmonds Hospital, the intersection is the center of a small neighborhood shopping district with coffee shop, restaurants, gym, church, and service businesses. The artwork site is in the middle circle of the roundabout, a raised landscape area. The goal of the artwork portion of the project is to provide greater visual identity, a distinctive sense of place, and a unique signature for the Five Corners neighborhood. Edmonds' reputation as a vibrant arts community is anchored in the downtown and adjoining waterfront where artworks by prominent northwest artists are featured in the public art collection. This project is an opportunity to provide a visual gateway to the downtown leading from the more urban Highway 99 area of the community. SITE DESCRIPTION The project area is the landscaped center of the roundabout. A low wall (possibly Corten steel) will be configured around the slightly elevated center landscaped area which has a 25' diameter. Electrical conduit in the center provides options for lighting. The artist is responsible for foundation design and the foundation will be provided as part of the roundabout construction project. The artist will work with the landscape consultant to determine appropriate foundation site(s). There may also be some opportunity to inlay small elements in pedestrian sidewalk areas outside the center. Packet Page 173 of 199 PROJECT DESCRIPTION The Edmonds Arts Commission is seeking an artist or artist team to create artwork(s) which contributes to a distinctive visual identity for the Five Corners Roundabout. The artwork may be a single element or a series of elements working in conjunction with landscaping. Vertical height and location within the circle will be important for visual impact. Plans for the project should consider: • Location: The artwork should reflect the spirit and function of the neighborhood while keeping in mind the role as a gateway to the larger community, providing interest for pedestrians and drivers without being distracting or an attractive nuisance — pedestrians do not have access to the center. • Clientele: The work should appeal to the public, to all ages and ethnic backgrounds, and reflect the values of the community. • Maintenance: It is intended that this be a lasting work, requiring little maintenance. Artists should specify materials which meet these demands and consider issues of potential vandalism. • Safety: The work must not create any hazard to public safety and must conform to local and State highway requirements. FUNDING The design and construction fees for this project are funded by the City of Edmonds 1% for the Arts Ordinances and cumulative art reserve funds. Basic site preparation and foundation will be included in the construction budget for the roundabout. A total of $25,000 is available for artwork final design and fabrication. The budget includes, but is not limited to: artist fees, materials, fabrication, storage, delivery, foundation design, insurance, travel, and sales tax. Up to three artists from the applicant pool may be invited to submit site specific design proposals for a set fee of $700.00. Designs not selected will remain the property of the artist. The selected artist will present a final design proposal to the Edmonds Arts Commission and the Edmonds City Council for review and approval. SELECTION This is an open call process for Northwest artists. Based on review of qualifications the panel will select up to three artists to prepare site specific design proposals presented in an interview. The selection panel will be composed of members representing: the City Council, Arts Commission, City Staff, citizens -at -large, and arts professional. Successful applicants will demonstrate a strong innovative approach to design, experience in creating durable works of art for exterior sites, good communication skills, ability to work with engineering staff and the community, and knowledge of materials. The panel reserves the right to make no selection from the submitted applications. APPLICATION MATERIALS • Work Samples —Ten digital images of past work, JPG files only, on a PC compatible CD* - which demonstrate quality and strength of work. • Image List — include artist name, title, date, medium, dimensions and a brief description of the work. • Current Resume - include public art experience and a minimum of two references from previous projects with contact information. • Cover Letter - describe your interest and abilities in working with this project. * Digital images: Images should be in JPG file format sent on one PC compatible CD. Each image should be named with artist surname and image number to correspond with annotated image list (for example: 01 Smith). Maximum image - size no more than 300 dpi and no larger than 1024 x 768 pixel resolution. DEADLINE — May 20, 2013 Must be received by Monday May 20, 2013 before 5:00 p.m. Send to: City of Edmonds Arts Commission, Public Art, 700 Main St., Edmonds WA 98020. Packet Page 174 of 199 SCHEDULE - (dates are subject to change): Deadline for RFQ material submission May 20, 2013 Finalist(s) selected for Design Proposal May 8 June 10 Public Meeting/Finalists Designs due Late june July Recommendation to Arts Commission k4y-4�August 5 Presentation and Approval by City Council july'TAugust 13 and 20 Final design working with project team September/October 2013 Fabrication & Installation 2013-14 TBD For more information on this project, please contact Frances Chapin, City of Edmonds Cultural Services Manager, (425) 771-0228 or frances.chapin@edmondswa.gov www.edmondsartscommission.or� Packet Page 175 of 199 Drawn to the Water — Connected by Community CJ Rench Proposed sculpture for Five Corners Roundabout — Public Hearing August 27, 7 pm, City Council Chambers Proposal Description: The proposed five -piece monumental stainless and mild steel sculpture stands thirteen feet tall and is ten or more feet around at the base. The columns will be internally illuminated to light up the white or blue glass tops representing Edmonds' bright future and its tie to water. The natural rust on the four column collective will, depending on moisture, season and weather, change colors; while the sunlight will bounce off the textures in the stainless steel center column and create reflections and thoughts of water. "Drawn to the Water - Connected by Community" draws on not only the historical past but also the cultural present and invites viewers to revisit in their own imaginations what Edmonds is, was and will become. Design Criteria: This artwork focuses on the history, character, family values and growth of Edmonds while creating a distinctive sense of place for the surrounding community. The use of five columns pays tribute to the location of the work at the "Five Corners" roundabout site. The sculpture will embody the natural resources, industry, commerce and connection of its citizens using abstract symbols and design features to convey the message. The sculpture is viewable from unlimited angles and sizable enough to meet the criteria of creating a visual barrier in the center which enhances safety and flow of the traffic on the roundabout. The materials and design meet the criteria of providing a lasting work requiring minimal maintenance. The monumental scale of the sculpture will welcome visitors as a visual gateway, introducing them to all that Edmonds has to offer now and into the future. Artist: CJ Rench is a professional artist from Hood River Oregon who designs and fabricates mainly abstract sculptures. His work, primarily in stainless and mild steel, is diverse and ranges from small hand painted sculptures to monumental public installations. He has worked with public art programs, individuals, developers, and many community committees guiding them through the process of finding a sculpture that exceeds their project expectation. He has created twenty large scale public sculptures across the country. Packet Page 176 of 199 Parks, Planning and Public Works Committee Meeting August 13, 2013 Elected Officials Present: Council Member Kristiana Johnson Council Member Diane Buckshnis The committee convened at 6:00 p.m. Staff Present: Phil Williams, Public Works Director Rob English, City Engineer Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Director Kernen Lien, Senior Planner A. Approval to forward Five Corners Roundabout public art selection to full Council. Ms. Chapin presented information on the selection process for public art at the Five Corners Roundabout and showed the image and model of the artwork proposal selected by the Selection Committee. The proposal was recommended to City Council for approval by the Edmonds Arts Commission on August 5. The artist, CJ Rench, is available to make a presentation at full Council on August 27. ACTION: Moved to full Council for a decision following a public hearing on August 27 B. Interlocal Cooperation Agreement for Inter -jurisdictional Coordination Relating to Affordable Housing Within Snohomish County. Councilmember Buckshnis and Mr. Chave summarized the interlocal agreement and countywide approach to address affordable housing issues. The interlocal approach being used in Snohomish County is modeled in part on the successful ARCH model being used in King County. If approved by full Council, the city's contribution ($2,385) would come from Council contingency funds. ACTION: Forwarded to full council with a recommendation for approval and funding. C. Authorization of additional construction funding for construction of the 76th Avenue W Water Main Replacement Project. Mr. English provided an update on the current status of the City of Lynnwood project and why additional management reserve was being requested for the City of Edmonds watermain work. The City is processing a change order to address extra costs related to soil contamination expected during trenching for the new watermain. The extra cost will use most of the initial management reserve authorized by the City Council when the project was awarded. ACTION: Moved to Consent Agenda for approval. D. Report on bids opened July 30, 2013 for the 224th St. Waterline Replacement Project and award of contract to Earthwork Enterprises, Inc. in amount $79,114.13. Packet Page 177 of 199 Parks, Planning and Public Works Committee Minutes August 13, 2013 Page 2 Mr. English discussed why the small works project was necessary and how the improvements will resolve a conflict between the location of the previous waterline and the new sewer pipeline in 2241h St. ACTION: Moved to Consent Agenda for approval. E. Report on bids opened August 1, 2013 for the 2013 Sewerline Rehabilitation Project and award of contract to Insituform in the amount $135,344.74. Mr. English Mr. English reviewed the scope of work to be completed and how 1,530 feet of sewer pipe will be repaired using the cured in place pipe (CIPP) method. He also let the Committee know that there are very few contractors who perform this work which explains why more contractors did not provide bids to complete the project. ACTION: Moved to Consent Agenda for approval. _ F. Authorization for the Mayor to sign a Grant Acceptance Intent Notice and Grant Agreement with the State of Washington Department of Ecology for a Municipal Stormwater Capacity Grant for $50,000 and a Project Specific Planning and Design of Retrofit/LID Project Grant up to $120,000. Mr. English provided background on the grant received from Department of Ecology for stormwater programmatic and project improvements. ACTION: Staff will make a presentation to the City Council at the August W meeting. G. Discussion and recommendation on proposed utility rate adjustments. Mr. Williams provided a recommendation on a three year utility rate adjustment for sewer, water and stormwater utility funds. The recommendation included rate comparisons with other cities. ACTION: Moved the item to the full City Council for a decision. H. Discussion of Street Tree Management Policy. Mr. Williams reviewed the 1978 City Council resolution on trimming and removal of trees within the City's right of way. He explained how sections of the current policy are difficult to administer and he proposed changes to improve the policy. ACTION: Mr. Williams will work with the Committee to update the policy and submit it to the Tree Board for review. I. Developing a decision tree for deliberating key issues for Harbor Square. PPP and staff discussed approaches in developing a decision tree for deliberating key issues for Harbor Square. Potential key issues noted included height, residential use, intensity of uses and ties to the Shoreline Master Program (SMP) update. With regard to the SMP, it was noted that the SMP is a separate process and any development at Harbor Square must be consistent with the SMP; as such, SMP issues will not figure in a decision tree. For the other key issues, staff and PPP discussed presenting the key issues on a continuum (e.g. ranging from 'no residential' to 'multi -family') and evaluating tradeoffs and means of achieving desired outcomes (e.g. how Packet Page 178 of 199 Parks, Planning and Public Works Committee Minutes August 13, 2013 Page 3 incentive zoning might be used to reach desired ends). Further discussion will be held during the September PPP meeting. ACTION: N/A I Public Comments Jamie Jensen, Mukilteo Law Office and attorney for Han Park, addressed the PPP regarding the City of Edmonds parcel associated with the Angler's Crossing Plat/PRD (P-2005-136/PRD-2005- 137). Mr. Park is interested in selling his property to developer's who wish to finish the approved Angler's Crossing Plat/PRD; however, the development cannot go forward without the associated City property. Mr. Jensen questioned what he and Mr. Park could do to hasten a decision from the City Council regarding the sale of the associated City property. The meeting adjourned at 7:55 pm. Packet Page 179 of 199 AM-6057 City Council Meeting Meeting Date: 08/27/2013 Time: 15 Minutes Submitted By: Kemen Lien Department: Planning Review Committee: Type: Information Information Committee Action: 13. Subject Title Public Hearing as required by RCW 36.70A.390 on Interim Zoning Ordinance No. 3931 which amended the Critical Areas Ordinance Sections ECDC 23.40.210 and 23.40.320, to repeal the definition of Reasonable Economic Use and references thereto. Recommendation Take public comment on Interim Zoning Ordinance No. 3931 and adopt findings of fact at September 3rd Council meeting. Previous Council Action The City Council adopted Interim Zoning Ordinance No. 3931 on July 2, 2013. Narrative Most cities that have a critical areas ordinance provide some type of an exception or variance that allows for some "reasonable use" of the property to be made. Edmonds, however, is a bit of an outlier with respect to its definition of "reasonable use". The example contained in Edmonds' definition ("For example, the minimum reasonable use of a residential lot which meets or exceeds minimum bulk requirements is use for one single-family residential structure.") appears to be highly unusual. We recently reviewed the critical areas ordinances for Seattle, King County, Redmond, and Kirkland. None of those jurisdictions define "reasonable use" in a way that contains the example contained in the Edmonds ordinance. And some of those jurisdictions do not define reasonable use at all, leaving it to be determined on a case -by -case basis, presumably with advice from the city attorney, based on federal and state case law. We do not believe that a definition of "reasonable use" needs to be contained in the ECDC. And the current definition could be seen as going beyond the minimum "reasonable use" that the case law discusses. Attachments Exhibit 1 - Ordinance No. 3931 Exhibit 2 - July 2, 2013 Council Minutes Excerpt Form Review Inbox Reviewed By Date City Clerk Linda Hynd 08/22/2013 11:46 AM Packet Page 180 of 199 Mayor Dave Earling 08/23/2013 10:50 AM Finalize for Agenda Linda Hynd 08/23/2013 11:04 AM Form Started By: Kernen Lien Started On: 08/21/2013 03:21 PM Final Approval Date: 08/23/2013 Packet Page 181 of 199 ORDINANCE NO.3931 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE TO AMEND THE CRITICAL AREAS ORDINANCE, SPECIFICALLY SECTIONS ECDC 23.40,210 AND 23.40.320, TO REPEAL THE DEFINITION OF REASONABLE ECONOMIC USE AND REFERENCES THERETO. WHEREAS, the definition for "reasonable economic use" in the Environmentally Critical Areas General Provisions Section of the Edmonds Community Development Code contains language that is atypical when compared to the critical areas ordinances of many other jurisdictions in the vicinity of Edmonds; and WHEREAS, many jurisdictions do not define "reasonable economic use" at all, preferring to rely upon guidance provided by state and federal law; and WHEREAS, urgent action should be taken to correct the unnecessary confusion and difficulty caused by the definition of "reasonable economic use" in the processing of reasonable use variances; and WHEREAS, the City of Edmonds may adopt an interim zoning ordinance for a period of up to six months pursuant to RCW 36.70A.390, provided that the City Council holds a public hearing on the interim ordinance within sixty days of adoption; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 23.40.210 of the Edmonds Community Development Code, entitled "Variances," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in stfike thfoug ): 23.40.210 Variances. 1 Packet Page 182 of 199 Exhibit I A. Variances from the standards of this title may be authorized through the process of hearing examiner review in accordance with the procedures set forth in Chapter 20.85 ECDC only if an applicant demonstrates that one or more of the following two conditions exist: 1. The application of this title would prohibit a development proposal by a public agency or public utility. A public agency and utility exception may be granted as a variance if: a. There is no other practical alternative to the proposed development with less impact on the critical areas; b. The application of this title would unreasonably restrict the ability to provide utility services to the public; c. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; d. The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and e. The proposal is consistent with other applicable regulations and standards. 2. The application of this title would deny all reasonable economic use (see the definition of "reasonable eeenemie " in of the subject property. A reasonable use exception may be authorized as a variance only if an applicant demonstrates that: a. The application of this title would deny all reasonable economic use of a property or subject parcel; b. No other reasonable economic use of the property consistent with the underlying zoning and the city comprehensive plan has less impact on the critical area; c. The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property; d. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant after the effective date of the ordinance codified in this title or its predecessor; e. The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; 2 Packet Page 183 of 199 f. The proposal minimizes net loss of critical area functions and values consistent with the best available science; and g. The proposal is consistent with other applicable regulations and standards. B. Specific Variance Criteria. A variance may be granted if the applicant demonstrates that the requested action conforms to all of the following specific criteria: 1. Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands in the same district; 2. The special conditions and circumstances do not result from the actions of the applicant; 3. A literal interpretation of the provisions of this title would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this title, and the variance requested is the minimum necessary to provide the applicant with such rights; 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings under similar circumstances; 5. The granting of the variance is consistent with the general purpose and intent of this title, and will not further degrade the functions or values of the associated critical areas or otherwise be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the subject property; and 6. The decision to grant the variance is based upon the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat. C. Hearing Examiner Review. The city hearing examiner shall, as a Type III -A decision (see Chapter 20.01 ECDC), review variance applications and conduct a public hearing. The hearing examiner shall approve, approve with conditions, or deny variance applications based on a proposal's ability to comply with general and specific variance criteria provided in subsections (A) and (B) of this section. 3 Packet Page 184 of 199 D. Conditions May Be Required. The director retains the right to prescribe such conditions and safeguards as are necessary to secure adequate protection of critical areas from adverse impacts, and to ensure conformity with this title for variances granted through hearing examiner review. E. Time Limit. The director shall prescribe a time limit within which the action for which the variance is required shall be begun, completed, or both. Failure to begin or complete such action within the established time limit shall void the variance, unless the applicant files an application for an extension of time before the expiration. An application for an extension of time shall be reviewed by the director as a Type II decision (see Chapter 20.01ECDC). F. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of a variance application and upon which any decision has to be made on the application. Section 2. Section 23.40.320 of the Edmonds Community Development Code, entitled "Definitions pertaining to critical areas," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike t,,..ettg,,): 23.40.320 Definitions pertaining to critical areas. For the purposes of this chapter and the chapters on the five specific critical area types (Chapters 23.50, 23.60,23.70, 23.80 and 23.90 ECDC) the following definitions shall apply: "Adjacent" means those areas located within 200 feet of a development proposal or subject parcel and those areas located within 800 feet of a documented bald eagle nest. "Alteration" means any human -induced action which changes the existing condition of a critical area or its buffer. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants; paving, construction, application of gravel; modifying for surface water management purposes; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife or wildlife habitat value of critical areas. "Best management practices" means a system of practices and management measures that: 2 Packet Page 185 of 199 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, and toxics; 2. Control the movement of sediment and erosion caused by land alteration activities; 3. Minimize adverse impacts to surface and ground water quality, flow, and circulation patterns; and 4. Minimize adverse impacts to the chemical, physical, and biological characteristics of critical areas. "Buffer" means the designated area immediately next to and a part of a steep slope or landslide hazard area and which protects slope stability, attenuation of surface water flows and landslide hazards reasonably necessary to minimize risks to persons or property; or a designated area immediately next to and part of a stream or wetland that is an integral part of the stream or wetland ecosystem. "Chapter" means those sections of this title sharing the same third and fourth digits. "City" means the city of Edmonds. "Class" or "wetland class" means descriptive categories of wetland vegetation communities within the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979). "Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation and the use or application of herbicide. "Compensation project" means an action(s) specifically designed to replace project - induced critical area or buffer losses. Compensation project design elements may include, but are not limited to: land acquisition procedures and detailed plans including functional value assessments, detailed landscaping designs, construction drawings, and monitoring and contingency plans. "Compensatory mitigation" means replacing project -induced losses or impacts to a critical area, and includes, but is not limited to, the following: 5 Packet Page 186 of 199 1. "Restoration" means actions performed to reestablish wetland functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a wetland. 2. "Creation" means actions performed to intentionally establish a wetland at a site where it did not formerly exist. 3. "Enhancement' means actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality. 4. "Preservation" means actions taken to ensure the permanent protection of existing high -quality wetlands. "Creation" means a compensation project performed to intentionally establish a wetland or stream at a site where one did not formerly exist. "Critical areas" for the city of Edmonds means wetlands, critical aquifer recharge areas, frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat conservation areas as defined in Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC, respectively. "Development proposal" means any activity relating to the use and/or development of land requiring a permit or approval from the city, including, but not limited to: commercial or residential building permit; binding site plan; conditional use permit; franchise; right-of-way permit; grading and clearing permit; mixed use approval; planned residential development; shoreline conditional use permit; shoreline substantial development permit; shoreline variance; short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit; utility and other use permit; variance; rezone; or any required permit or approval not expressly exempted by this title. "Director" means the city of Edmonds development services director or his/her designee. "Division" means the planning division of the city of Edmonds development services department. "Enhancement" means an action taken to improve the condition and function of a critical area. In the case of wetland or stream, the term includes a compensation project performed to improve the conditions of an existing degraded wetland or stream to increase its functional value. :1 Packet Page 187 of 199 "Erosion" means the process in which soil particles are mobilized and transported by natural agents such as wind, rain, frost action, or stream flow. Erosion Hazard Areas. See ECDC 23.80.020(A). Fish and Wildlife Habitat Conservation Areas. See Chapter 23.90 ECDC. "Floodplain" means the total area subject to inundation by a "100-year flood." "One - hundred -year flood" means a flood having a one percent chance of being equaled or exceeded in any given year. Frequently Flooded Areas. See Chapter 23.70 ECDC. "Functions" means the roles served by critical areas including, but not limited to: water quality protection and enhancement; fish and wildlife habitat; food chain support; flood storage, conveyance and attenuation; ground water recharge and discharge; erosion control; wave attenuation. aesthetic value protection; and recreation. These roles are not listed in order of priority. Geologically Hazardous Areas. See Chapter 23.80 ECDC. "Geologist" means a person licensed as a geologist, engineering geologist, or hydrologist in the state of Washington who has earned a degree in geology from an accredited college or university and has at least five years of experience as a practicing geologist or four years of experience and at least two years of postgraduate study, research or teaching. The practical experience shall include at least three years of work in applied geology and landslide evaluation in close association with qualified, practicing geologists and geotechnical/civil engineers. "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 professional employment as a geotechnical engineer in responsible charge including experience with landslide evaluation. "Grading" means any one or a combination of excavating, filling, or disturbance of that portion of the soil profile which contains decaying organic matter. "Habitats of local importance" include a seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the 7 Packet Page 188 of 199 species will maintain and reproduce over the long term. These might include areas of high relative density or species richness, breeding habitat, winter range, and movement corridors. These might also include habitats that are of limited availability or high vulnerability to alteration, such as cliffs, shorelines, coastal beaches, mudflats, eel -grass beds, and wetlands. [See ECDC 23.90.010(A)(4).] Landslide Hazard Areas. [See ECDC 23.80.020(B).] "Mitigation" means the use of any or all of the following actions, which are listed in descending order of preference: 1. Avoiding the impact altogether by not taking a certain action or parts of an action; 2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps such as project redesign, relocation, or timing to avoid or reduce impacts; 3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment to the historical conditions or the conditions existing at the time of the initiation of the project; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; 6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently flooded areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and 7. Monitoring the hazard or other required mitigation and taking remedial action when necessary. "Native vegetation" means vegetation comprised of plant species which are indigenous to the Puget Sound region and which reasonably could have been expected to naturally occur on the 8 Packet Page 189 of 199 site. "Native vegetation" does not include noxious weeds as defined by the state of Washington or federal agencies. "Noxious weeds" means any plant which, when established, is highly destructive, competitive or difficult to control by cultural or chemical practices, as further listed in Chapter 16-750 WAC. "Planning staff' means those employed in the planning division of the city of Edmonds development services department. "Qualified critical areas consultant" or "qualified professional" means a person who has the qualifications specified below to conduct critical areas studies pursuant to this title, and to make recommendations for critical areas mitigation. For areas of potential geologic instability, the qualified critical areas consultant shall be a geologist or geotechnical engineer. For wetlands and streams, the qualified critical areas consultant shall be a specialist in botany, fisheries, wetland biology, and/or hydrology with a minimum of two years' field experience with wetlands and/or streams in the Pacific Northwest. Requirements defining a qualified critical areas consultant or qualified professional are contained within the chapter on each critical area type. "Reasonable eeenemie use(. `r)" means !he minimum use -to whieh a pr-epe:' y ...n .� federal i i . 3rder to avoid a taking eRtitled tmder applicable state and eenstittAienal ccReasonable pr- » shall be fiber -ally eeenemie 'he the eNample, the wed —to- etee censtitutienal property rights eff apphea or- "Redeveloped land(s)" means those lands on which existing structures are demolished in their entirety to allow for new development. The director shall maintain discretion to determine if the demolition of a majority of existing structures or portions thereof constitute the re- development of a property or subject parcel. 0 Packet Page 190 of 199 "Restoration" means the actions necessary to return a stream, wetland or other critical area to a state in which its stability, functions and values approach its unaltered state as closely as possible. Seismic Hazard Areas. [See ECDC 23.80.020(C).] "Species of local importance" means those species that are of local concern due to their population status, their sensitivity to habitat manipulation, or that are game (hunted) species. [See ECDC 23.90.010(A)(4).] "Storm Water Management Manual" means the Storm Water Management Manual for the Puget Sound Basin by the Washington State Department of Ecology (as included in Chapter 18.30 ECDC). "Streams" means any area where surface waters produce a defined channel or bed which demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The channel or bed need not contain water year-round. This, definition is not meant to include irrigation ditches, canals, storm or surface water runoff devices (drainage ditches) or other entirely artificial watercourses unless they are used by salmonids or used to convey streams naturally occurring prior to construction of such watercourse. Streams are further classified into Categories S, F, Np and Ns and fshbearing or nonfishbearing 1, 2 and 3. [See ECDC 23.90.010(A)(1).] "Title" means all chapters of the City of Edmonds Development Code beginning with the digits 23. "Undeveloped land(s)" means land(s) on which manmade structures or land modifications (clearing, grading, etc.) do not exist. The director retains discretion to identify undeveloped land(s) in those instances where historical modifications and structures may have existed on a property or subject parcel in the past. "Wetlands" means those areas that are inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention IN Packet Page 191 of 199 facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. However, wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands if permitted by the city (WAC 365-190-030(22)). Wetlands are further classified into Categories 1, 2, 3 and 4. [See ECDC 23.50.010(B).] "Wetland functions" means those natural processes performed by wetlands, such as facilitating food chain production; providing habitat for nesting, rearing and resting sites for aquatic, terrestrial or avian species; maintaining the availability and quality of water; acting as recharge and/or discharge areas for ground water aquifers; and moderating surface water and storm water flows. Section 3. Sunset. This ordinance shall remain in effect for 180 days from the effective date, after which point it shall have no further effect. Section 4. 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 5. 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. VED: 0. t /f 1 t 1! I MAYOR DAVID O. EARLING 11 Packet Page 192 of 199 ATTEST/AUTHENTICATED: Lamar CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAY FILED WITH THE CITY CLERK: 06-28-2013 PASSED BY THE CITY COUNCIL: 07-02-2013 PUBLISHED: 07-07-2013 EFFECTIVE DATE: 07-12-2013 ORDINANCE NO. 3931 12 Packet Page 193 of 199 SUMMARY OF ORDINANCE NO.3931 of the City of Edmonds, Washington On the 2nd day of July, 2013, the City Council of the City of Edmonds, passed Ordinance No. 3931. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE TO AMEND ECDC 23.40.210 AND 23.40.320 TO REPEAL THE DEFINITION OF REASONABLE ECONOMIC USE. The full text of this Ordinance will be mailed upon request. DATED this 3`d day of July, 2013. 4840-7251-8158,v. 1 13 Z&A,&.z z L:2� CITY CLERK, SANDRA S. CHASE Packet Page 194 of 199 Affidavit of Publication STATE OF WASHINGTON, COUNTY OF SNOHOMISH } S.S. SkM—M�_, qRy OF ORpINANC�o�,gsa 1 On sh^ 2na d^;y pf 1narc, tea, C II a} G;y a The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of ECrrarl0at,p^ ssetl Ordinance No. 3"93T A summary pf the cnr tens of said or ftmca, cents'? of u,a 600 prlriides as 1011aws. THE HERALD, a daily newspaper printed and published in the City of Everett, County of AN ORDINANCE OTHE �f71 OF EDA4 WASHINGTON. ADOPTING AN INTERIM ZOONDS. NING Snohomish, and State of Washington; that said newspaper is a newspaper of general ORDINANCE .To AMEND-ECDC M40.270 AN13 23A ,M circulation in said County and State; that said newspaper has been approved as a legal TO REPEAL THE DERNMON 00 REASONABI E ECONOMICnewspaper by order of the Superior Court of Snohomish County and that the notice The full text of jhih6 Otdlnanao well be7rlaHed uprir r[e4tl6cif. s DATED this 31d filly 01 Jtdy 2Fj13. Published: July 7, 2013. GIffy— CLERK, SANDRA S. CHASE Summary of Ordinance No, 3931 Account Name: City of Edmonds a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: July 07, 2013 and that said newspaper was regularly distributed to its subscribers during all of said period. 'C' I^ _ principal Clerk Subscribed and sworn to before me this 8th day July, 2013 ��` ��N� NOTAR `� l Notary Public in and for the State of Washington re idine t Eve p@Ft �ji?homis f County. YYUU tft� 2 17 201g �t�0 OF WA5 Account Number: 101416 Order Number: 0001826092 Packet Page 195 of 199 contact with proponents or opponents of the project to ensure they could participate in the event the matter returned to the Council on a subsequent appeal. 8. ADOPTING AN INTERIM ZONING ORDINANCE TO AMEND THE CRITICAL AREAS ORDINANCE, SPECIFICALLY SECTIONS ECDC 23.40.210 AND 23.40.320, TO REPEAL THE DEFINITION OF REASONABLE ECONOMIC USE AND REFERENCES THERETO. City Attorney Jeff Taraday explained he was asked to prepare this ordinance. There are two versions of the ordinance, one in the packet and a version that was emailed to Councilmembers late this afternoon. The difference between the two is the version that was emailed is an emergency ordinance and takes effect immediately; the version in the packet is not an emergency ordinance although both are interim zoning ordinances. If the Council adopts the emergency version of the ordinance, it goes into effect tonight and prevents an application from being submitted tomorrow and thereafter that can utilize the current reasonable use exception, in particular the definition that has been determined to be outside the norm. If the Council wanted to allow for a small window of opportunity to allow property owners and applicants to submit applications under the current reasonable use exception, the Council would adopt the version of the ordinance in the packet. Council President Petso stated once discussion is finished, she is ready to move to adopt the emergency ordinance. At Councilmember Buckshnis' request, Mr. Taraday described how the emergency ordinance differs from the ordinance in the packet: • The title adds the language, "and declaring an emergency necessitating immediate adoption of this interim zoning ordinance." • In the third whereas clause, the word "urgent" is changed to "immediate." • A fourth whereas clause was added that reads, "WHEREAS, the city council has determined that the "reasonable economic use" regulations should be addressed and considered while the interim critical areas regulations below are in place, to prevent any property owners from submitting applications for development or re -development under the existing codes, which may not provide adequate protection to critical areas; and" • Section 4, Emergency Declaration was added. • Section 6, Effective Date, has been revised to state the ordinance takes effect immediately and to state approval requires a vote of a majority plus one. Councilmember Peterson expressed support for the interim zoning ordinance but was very uncomfortable with the emergency zoning ordinance, primarily because there was no mention of an emergency ordinance on the agenda. In fact, the Council did not receive the ordinance until late this afternoon. In the past the Council has been interested in properly notifying the public before taking certain votes. He recognized there were some emergency ordinances where notification would not be possible but did not think this ordinance was one of those. Councilmember Fraley-Monillas asked what the emergency was. Mr. Taraday assured he was not placing a judgment on the Council's decision to adopt the ordinance in one form or the other. The reason he did not include the emergency ordinance in the packet was that would have defeated the purpose. The purpose of an emergency ordinance is to ensure applications do not vest prior to adoption of the new regulations. If the public is informed the Council is planning to adopt an emergency ordinance, it does not work. While he was not prejudging or placing a value judgment on the Council whether they should or should not adopt the emergency ordinance, it was done that way purposefully to give the Council the option of adopting the regulation without public notice. This is an exception to the general rule of having public notice; interim zoning ordinances and moratoriums are the two exceptions to the GMA where the Council can take immediate action. The reason that immediate action would be taken was to prevent Packet Page 196 of 199 Edmonds City Council Approved Minutes July 2, 2013 Page 12 Exhibit 2 applications from vesting. He reiterated the emergency ordinance was presented in this manner by design, to preserve the ability of the Council to choose. Councilmember Fraley-Monillas asked the reason for the urgency. Mr. Taraday answered if the Council wanted to make it impossible for property owners to submit applications after tonight that utilize the critical areas variance language that the Council found problematic, that was a reason to adopt the emergency ordinance. If the Council wants to make it difficult but "leave the window open a crack" the Council would not adopt the emergency ordinance. If the Council wanted to give property owners six months to use the current regulations, the Council did not need to adopt an interim zoning ordinance and could just refer it to the Planning Board for consideration. Councilmember Bloom expressed support for the emergency ordinance because she felt strongly the confusion generated by the phrase in the code has been damaging and problematic for many people. This needs to be addressed immediately and a public hearing held afterward. She did not want there to be any more situations where a property owner believed they could apply for something they should not be offered. Councilmember Peterson commented Mr. Taraday's explanation furthered his resolve. He commented it sounds shifty, doing it at the last minute so nobody knows. He was supportive of the interim zoning ordinance but not with adopting it in a sketchy way that was not transparent. Councilmember Fraley-Monillas asked how the Council could hold a public hearing. Mr. Taraday answered regardless of whether the ordinance was adopted as an emergency or not, interim zoning ordinances require a public hearing be held within 60 days of adoption. In the meantime, he expected the Council or staff would ask the Planning Board to consider a permanent ordinance. The interim zoning ordinance only lasts six months. Councilmember Johnson asked if there have been any circumstances that precipitated the emergency ordinance. Mr. Taraday responded he was asked to prepare an emergency version of the ordinance by certain Councilmembers. He provided both an emergency and non -emergency version to give the Council the option to choose between them. Completely independent and not precipitating his drafting of the ordinance, the City has received an application for a critical areas variance since the Council voted on the Hillman variance. As far as he knew, that was completely coincidental. Councilmember Johnson asked if that application would be vested. Mr. Taraday answered assuming the application is a complete application it likely would have vested to the current regulations. He noted that was the reason for an emergency ordinance, to prevent vesting. Councilmember Johnson asked if a determination had been made that the application was complete. Mr. Taraday answered a determination has not been made. Council President Petso assured this is not an attempt to be sneaky but the language in the current ordinance is a problem. Mr. Taraday responded it is certainly an outlier and creates additional potential loss and degradation of critical areas in that it appears to grant the ability for property owners to seek something to which they are not constitutionally entitled. It arguably goes further than the constitution requires and to avoid that, he recommended the City's code conform to a more normal critical areas ordinance that leaves determinations about reasonable economic use to be made on a case by case basis without presuming that a single family lot is entitled to have a single family home on it regardless of the critical areas that may be present. Council President Petso concluded adoption of the ordinance better protects critical areas. Mr. Taraday answered that was his opinion. Council President Petso commented adoption of the emergency ordinance Edmonds City Council Approved Minutes July 2, 2013 Page 13 Packet Page 197 of 199 starts that protection tonight instead of when? Mr. Taraday answered instead of five days after publication. Councilmember Buckshnis referred to Mr. Taraday's statements that the "for example" language in the reasonable economic definition in 23.40.320 changed the reasonable use definition. She referred to an email she received from Mr. Schroeder in which he suggests removing the "for example" language and retain the remainder of the definition. She noted the ordinance proposes completely removing that language. She asked what would happen to the current definition. Mr. Taraday answered this is what the Planning Board could consider, whether on a permanent basis there should be a definition. Many jurisdictions do not have a definition of reasonable economic use because reasonable economic use is a concept defined by state and federal constitutional law. In his opinion, those definitions were problematic. In many of the jurisdictions that have a definition of reasonable economic use, it simply states something like reasonable economic use is a use that is entitled by the Constitution of the United States. He concluded a reasonable economic use variance is necessarily a case by case legal analysis that is not subject to definition. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO ADOPT THE ORDINANCE AS AN EMERGENCY ORDINANCE. Councilmember Peterson stated he is 100% in favor of the change proposed in the ordinance. However, he is not in favor of behavior unbecoming of this Council. The Council must balance critical areas with open government. If the emergency ordinance had been included in the packet that is available on Friday, he doubted there would have been a flood of applications to get vested. By adopting the emergency ordinance the Council was sacrificing the importance of open governance and the importance of transparency. He noted at least a couple Councilmembers knew an emergency ordinance would be proposed but he and the public received the emergency ordinance at the last hour. It pained him to vote against the ordinance because he felt the interim zoning ordinance was appropriate. If the Council adopted the emergency ordinance, he felt the Council could forget about transparency. Councilmember Fraley-Monillas asked for clarification whether a public hearing was required if the Council adopted the emergency ordinance tonight. Mr. Taraday answered either way, whether the Council adopted the emergency version or the version in the packet, the GMA requires a public hearing be held within 60 days of adoption of an interim zoning ordinance. Councilmember Fraley-Monillas asked the difference between adopting the ordinance as an emergency ordinance and adopting it as an interim ordinance. Mr. Taraday explained the difference in the effective date is a 10 day period. City Clerk Sandy Chase explained she publishes ordinances on the Sunday following the Tuesday meeting and the ordinance is effective the following Friday (5 days after publication); a total of ten days. Councilmember Fraley-Monillas did not support pursuing the ordinance as an emergency rather than an interim and will vote against the motion. Councilmember Bloom indicated she would support the motion. She disagreed with Councilmember Peterson's argument about transparency. Although she would have liked to have had both ordinances presented at once, this discussion is about the transparency. There were no plans to have a public hearing in advance anyway. The difference is ten days, during that period of time, applications could vest which would create confusion and a very difficult situation such as occurred in the prior hearing. The clause in the code does not exist in other cities and the safeguard of 10 days is worth it. Councilmember Buckshnis referred to an email from Mr. Taraday dated June 27, 2013 in which he discusses the ordinance and offers to prepare an emergency version of the ordinance. She recognized the need for an emergency ordinance and would support the motion. Edmonds City Council Approved Minutes July 2, 2013 Page 14 Packet Page 198 of 199 Councilmember Yamamoto did not support the motion. He cited the importance of transparency and not doing things in a hurry. He feared this would set precedence for doing things spur of the moment. UPON ROLL CALL, MOTION FAILED (4-3) FOR LACK OF A MAJORITY PLUS ONE; COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS BUCKSHNIS, BLOOM AND JOHNSON VOTING YES; AND COUNCILMEMBERS YAMAMOTO, FRALEY-MONILLAS AND PETERSON VOTING NO. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO ADOPT ORDINANCE NO. 3931, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING AN INTERIM ZONING ORDINANCE TO AMEND THE CRITICAL AREAS ORDINANCE, SPECIFICALLY SECTIONS ECDC 23.40.210 AND 23.40.320, TO REPEAL THE DEFINITION OF REASONABLE ECONOMIC USE AND REFERENCES THERETO. Councilmember Peterson suggested the Planning Board review this in an expedited manner. Mr. Taraday answered the ordinance would be in effect for 180 days. During that period of time he recommended the Planning Board return to the Council with a recommendation regarding a permanent ordinance. THE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 9. MAYOR'S COMMENTS Mayor Earling reported approximately 240-250 people attended the Arts Summit. The event was very successful and included a speaker about the interconnection and importance of arts and business. Following several breakout sessions, the group provided direction that will be included in the Cultural Plan. He thanked staff for organizing and putting on the event. Mayor Earling encouraged the public to attend the Walk Back in Time at the Edmonds Cemetery at 1:00 p.m. on July 18. Mayor Earling wished everyone a happy 4`h of July. 10. COUNCIL COMMENTS Councilmember Bloom reported she attended the Arts Summit and found it very enjoyable and productive. She thanked Mayor Earling for organizing the event, staff for their assistance and the donors for providing food and refreshments. Councilmember Yamamoto provided a reminder of the 4th of July 5K Fun Run/Walk. It starts at 10:00 a.m. at City Park and goes through Woodway and along the parade route. Councilmember Buckshnis reported she also attended the Arts Summit. She commended Mayor Earling and staff for their efforts. She wished everyone a happy 41h of July and encouraged everyone to keep their pets indoors on the 4th of July. Council President Petso referred to the alleged conspiracy regarding the ordinance. She did not have any contact with anyone on the Council or staff regarding the ordinance that was not an email that included everyone. She recalled Mr. Taraday asked the Council to get back to him because he recommended the change. A number of Councilmembers responded to her and she communicated that information to Mr. Taraday. Mr. Taraday then sent an email stating it could be done via an emergency ordinance and apparently that was not done until late afternoon today. That was when she first learned the emergency ordinance would be on the agenda. She supported the emergency ordinance as she felt it was a good idea Edmonds City Council Approved Minutes July 2, 2013 Page 15 Packet Page 199 of 199